Section 24-169. Sulfur content of fuel restricted  


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  • Except for ocean-going
      vessels engaged in international or interstate trade, no  person,  other
      than  one  having  a sulfur exemption certificate, shall cause or permit
      the use, or if intended for use in New York city,  the  purchase,  sale,
      offer for sale, storage or transportation of:
        (a)  Fuel  oil  grade  no. 2 as classified by the American society for
      testing  and  materials,  which  contains  more   than   the   following
      percentages of sulfur by weight:
        (1)  For  a period ending October first, nineteen hundred seventy-one,
      0.5 percent;
        (2) After October first, nineteen hundred seventy-one, 0.2 percent.
        (b) Residual fuel oil and fuel oil grade no. 4 as  classified  by  the
      American society for testing and materials or solid fuel on a dry basis,
      which contains more than the following percentages of sulfur by weight:
        (1)  For  a period ending October first, nineteen hundred seventy-one,
      one percent;
        (2) After October first, nineteen hundred seventy-one, 0.30 percent.
        (c) Residual fuel oil or fuel oil grade no. 4  as  classified  by  the
      American  society  for  testing and materials used in facilities for the
      generation  of  steam  for  off-premises  sale  and  electricity,  which
      contains more than the following percentages of sulfur by weight:
        (1)  For  a period ending October first, nineteen hundred seventy-one,
      one percent;
        (2) For a period ending October first, nineteen  hundred  seventy-two,
      an annual average of 0.55 percent;
        (3) After October first, nineteen hundred seventy-two, 0.30 percent.
        (d)  Those  facilities  burning  solid  fuel  which  are  operated  in
      compliance with this code may, at the discretion  of  the  commissioner,
      continue  to  burn  solid fuel containing up to 0.7 percent sulfur after
      October first, nineteen hundred seventy-one, provided that there  is  no
      increase  or  expansion  of  use  and  further  provided  that a report,
      satisfactory to the commissioner, is submitted setting forth a  detailed
      program,  including a specific time schedule, for the termination of use
      of such solid fuel.
        (e) Sulfur by weight  shall  be  calculated  by  the  methods  of  the
      American society for testing and materials.