Representing New York's Heating Fuels Industry

New Stationary Combustion Regulations Proposed by State DEC

By Emilio Petrocionne, NYSEC Regulatory Counsel

The New York State Department of Environmental Conservation (DEC or Department) has announced that it intends to replace the existing Stationary Combustion Installations regulations with a new set of rules. The regulations limit the particulate levels and other emissions of certain combustion installations. NYSEC is monitoring this matter to determine whether and to what extent oil heat marketers and their commercial/residential customers could be affected by this change.

DEC states that the substantive provisions of its regulations have not been updated since 1972 when the rules were first adopted. While recognizing that combustion technologies have greatly improved over the years, the Department notes that federal regulations and standards are more stringent than those which are currently required by the state. Consequently, DEC is considering revisions that may include modifying the applicability provisions, changing the particulate matter emission limits, adding annual tune-up requirements, and updating the existing monitoring, record keeping, and reporting requirements.

We anticipate that the proposed rules will be issued within the next few months for public review and comment. While it is too soon to know exactly what changes will be suggested by the Department, NYSEC will carefully review the new regulations and report back to members on provisions that could impact oil heat marketers and their customers.