Prohibits the use of fuel oil grade no. 6 for the heating of any residential building

Summary of specific provisions

Section one of the bill adds a new section 24-177-a to the New York City Administrative Code. That new section would prohibit the use of grade 4 and grade 6 fuel oil to heat any residential building.

Section two provides for an effective date 365 days after the bill becomes law, to permit a transition period.

Justification

This bill is intended to reduce harmful emissions associated with the use of residual fuel oils to heat buildings, thus helping to protect the health of New York City residents. Fuel oils used to heat buildings emit significantly more toxic emissions than vehicles do, and therefore they contribute more harmful air pollution in New York City. The emissions from fuel used to heat residential buildings affect people living in those buildings and in the surrounding community. Recent studies demonstrate that higher levels of specific toxic emissions have seasonal and regional variations within New York City that suggest a connection to the use of residual fuel oils for heating buildings; those emissions are also linked to increased mortality rates. See Peltier & Lippmann, "Residual Oil Combustion: 2. Distributions of Airborne Nickel and Vanadium Within New York City,"Journal of Exposure Science And Environmental Epidemiology(e-publication date May 13, 2009, www.ncbi.nlm.nih.qov/pubmed/19440185), and prior articles cited therein.

Fuel oils used for heating in New York include both distillate and residual fuel oils. Distillate fuel oils are typically liquids that can be easily burned. Residual fuel oils are byproducts of refined crude oil and are highly viscous, requiring special treatment before being burned. Heating oil sold for use in buildings is classified into different types, numbered one to six, based on boiling temperature, composition and purpose. The higher number grades are heavier, more viscous, and emit more pollutants than the lighter grades when burned. The three grades commonly used for heating buildings are grades 2, 4 and 6. Grade 6 is the heaviest and is a residual fuel oil. Grade 2 is a distillate fuel oil. Grade 4 is a blend of 2 and 6. In order to burn properly, grade 6 oil requires heated storage and pre-heating before use. When improperly stored and heated, it may give off visible smoke with a high level of particulate emissions that contain relatively high concentrations of nickel and vanadium, elements that have been significantly associated with cardiopulmonary diseases. Increases in the mass concentration of non-specific

particulate matter in the ambient air are associated with increases in mortality.

Nickel concentrations are higher in New York City than in New Jersey or Connecticut, and within New York City are higher in Manhattan and the Bronx than the other boroughs, and are also higher in winter than in summer. NYC is also unusual in the US for its use of substantial amounts of residual fuel oil for space heating, and within NYC the highest density of large fuel tanks containing residual fuel (grades 4 and 6) is in the geographic areas with the highest winter concentrations of nickel. This suggests that the use of residual fuel oils to heat large apartment buildings contributes significant toxic emissions to the air in NYC. This bill, by banning grades 4 and 6 oil for use in residential buildings, will help protect the health of New York City residents.

Prior legislative history

A similar, but not identical, bill was introduced as A.11399 in 2008.

Fiscal implications

None to the state.

Effective date

This act shall take effect 365 days after it shall have become a law.