Except for ocean-going vessels engaged in international or interstate trade, no person shall cause or permit the use, or if intended for use in the city of New York, the purchase, sale, offer for sale, storage or transportation of:
(a) Fuel oil grade no. 2 that contains more than the amount of sulfur set forth in section 19-0325 of the environmental conservation law or as provided by an executive order of the governor issued pursuant to such section.
(b) Residual fuel oil and fuel oil grade no. 4 that contain more than the following percentages of sulfur by weight:
(1) for residual fuel oil 0.30 percent and
(2) for fuel oil grade no. 4 more than 0.15 percent, provided that the commissioner may waive the requirements of this paragraph if the commissioner finds that there is an insufficient quantity of fuel oil grade no. 2 that contains no more than 0.0015 percent of sulfur by weight. Any waiver issued pursuant to this subdivision shall expire after three months, unless renewed in writing by the commissioner. The percentage provided in paragraph one of this subdivision shall apply as the maximum percentage for fuel oil grade no. 4 during the period such waiver is in effect.
(c) Sulfur by weight shall be calculated by the methods of the ASTM designation D 2622-10.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/043.