New York

Current Regulations: On 5/24/00, the Governor signed a bill that bans MTBE in gasoline effective 1/1/2004. This ban is in Agriculture and Markets Law section 192-g. In a memo dated 9/25/03, the Director of the Bureau of Weights and Measures announced that New York will permit a de minimis MTBE level of 0.5 vol%.

Federal RFG is required in the NYC area, summer and winter.

New York has adopted the ASTM quality standards for both gasoline (D 4814) and diesel (D 975). Inspections are performed by the Bureau of Weights and Measures in the New York Department of Agriculture and Markets. See 1 NYCRR Part 224. Also see 6 NYCRR Subparts 225-3 and 225-4.

Signed by the Governor on 7/15/10 (Chapter 203), A 8642A/S 1145C requires all no. 2 heating oil to have sulfur content no higher than 15 ppm effective 7/1/12. New York City's mayor signed Introductory Number 194-A on 8/16/10 that requires all heating oil to contain at least 2% biodiesel by 10/1/12 and No. 4 heating oil to have no more than 1,500 ppm sulfur content. On 11/2/12, the NYC Department of Environmental Protection temporarily waived the 2% biodiesel requirement for heating oil for one month.  Temporary guidelines were announced on 11/8/12 to suspend the sulfur restrictions through 12/7/12.

Approved by the NYC Council on 9/28/16 (Int-0642-2015-A), heating oil will contain biodiesel: 5% by 10/1/17, 10% by 10/1/25, 15% by 10/1/30, and 20% by 10/1/34.

In a letter dated 10/31/12, EPA issued a waiver to allow conventional gasoline in the NYC area and to relax commingling restrictions through 11/20/12 because of Hurricane Sandy.

In a letter dated 11/2/12, EPA issued a limited waiver to allow the sale, distribution and use of high sulfur diesel with several restrictions through November 20.

On 11/16/12, EPA extended the gasoline and diesel waivers for the NYC area through 12/7/12. 

On 11/3/12, Governor Cuomo temporarily suspended state law and regulations on gasoline vapor pressure, vapor lock and distillation restrictions, and the sulfur content of home heating oil in Executive Order 59.

In a letter dated 11/13/12, EPA issued a waiver to allow the use of high sulfur heating oil in mobile nonroad generators or pumps used for emergency purposes in NY through November 20.  This was extended to December 7 on 11/19/12.

In a letter dated 11/3/16, EPA waived the federal RFG requirement through 11/23/16.  

In a multi-state letter dated 8/31/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA waived RFG requirements and allowed 11.5 psi RVP gasoline throughout the state through September 15. In a multi-state letter dated 9/7/17, EPA extended the RFG waiver through September 26.   

Signed on 9/13/17 by the governor, S 5422A requires B5 for all heating oil in Nassau, Suffolk and Westchester counties by 7/1/18. 

Legislature:  A 4458, introduced in February 2005, and S 4470, introduced in April 2005, would require that ultra low sulfur diesel fuel contain biodiesel as its lubricity additive 30 days after certification that the annual biodiesel production capacity in NY exceeds 12 million gallons and the earlier of 1) 18 months after a federal action on taxes imposed, tax credits allowed or other action creates a two cent or greater reduction in the price of taxable diesel fuel that contains at least 2 percent biodiesel or 2) June 13, 2007.A 4458 was passed by the Assembly on 5/23/05.

Introduced in March 2007, S 3838 would require ULSD to contain biodiesel as its lubrication additive, effective 30 days after certification that the annual biodiesel production capacity in NY exceeds 12 million gallons and the earlier of 18 months after a federal action on taxes imposed or tax credits that creates at least a 2 cent reduction in the price of taxable diesel fuel that contains at least 2% biodiesel or 6/30/09. Introduced in May 2007, A 8832 would require biodiesel (renewable, biodegradable, mono alkyl ester derived from agricultural plant oils or animal fats) in heating oil: 5% by 1/1/09, 10% by 1/1/10, and 20% by 1/1/11.

S 998, introduced in January 2009 (and again in January 2010 and again in January 2011 as S 2651), would require ultra low (<16 ppm) sulfur diesel to include biodiesel as its lubrication additive, after it was certified that the annual in-state biodiesel production capacity exceeds 12 million gallons and the earlier of 18 months after a federal action on taxes imposed or tax credits for B2 or 6/30/11. Introduced in March 2009, A 4795 would require biodiesel (renewable, biodegradable mono alkyl ester derived from agricultural plant oils or animal fats) in home heating oil: 5% by 1/1/11, 10% by 1/1/12, and 20% by 1/1/13.

S 2651 and A 7133, introduced in January 2011, would require biodiesel as the lubricant for 15 ppm suflur diesel by the earlier of 6/30/13 or 18 months after federal action to create a 2 cent or greater reduction in the price of diesel fuel that has at least 2% biodiesel (renewable, biodegradable mono alkyl ester derived from agricultural plant oils or animal fats). Introduced in February 2011, S 3028 would require biodiesel in heating oil in the NYC area by 10/1/12 and statewide by 7/1/13.  A 7134, introduced in April 2011, would require biodiesel in heating oil: 5% in 2013, 10% in 2014, and 20% in 2015.  S 4523 (introduced in April 2011) and A 8274 (introduced in June 2011) would replace the maximum sulfur content of no. 2 heating oil (15 ppm effective 7/1/12) with 500 ppm effective 7/1/14 (A 8274) or 7/1/15 (S 4523). Introduced in June 2011, A 8493 would require filling stations located in marinas to sell motor fuel that does not contain ethanol.

A 2129, introduced in January 2013, would require all heating oil in the NYC area to contain at least 2% biodiesel by 10/1/13 and statewide by 7/1/14; this passed the Assembly on 6/5/13.  Introduced in June 2013, A 7906 would require 2% biodiesel in heating oil in the NYC area by 10/1/14 and statewide by 7/1/15; it passed the Assembly on 6/19/13 and the Senate on 6/21/13 and was vetoed by the governor on 1/10/14 (veto memo 283). 

S 2744 (introduced in January 2015) and A 6070 (introduced in March 2015) would require at least 2% biodiesel in all heating oil in the NYC area by 10/1/15 and statewide by 7/1/16. A 537, introduced in January 2015, and A 4762, introduced in April 2015, would require that biodiesel (renewable, biodegradable mono alkyl ester derived from agricultural plant oils or animal fats) be the lubricant additive for ULSD by 6/30/18 or earlier if in-state annual biodiesel production capacity exceeds 12 million gallons. Introduced in February 2015 in the NYC Council, Int. No. 642 would require biodiesel in heating oil: 5% by 10/1/16, 10% by 10/1/20, 15% by 10/1/25, and 20% by 10/1/30. 

A 6070A was passed by the Assembly on 6/19/15 and would require at least 2% biodiesel in all heating oil by 7/1/17. 

Introduced in January 2017, A 1856 would require biodiesel as its lubrication additive if diesel has no more than 15 ppm sulfur. 

Proposed State Actions: In a letter to EPA dated 1/6/03, NY DEC requested a waiver from the oxygen content requirement for RFG. On June 2, 2005, EPA announced that it has denied this request; EPA found that NY did not submit the technical data necessary for the Agency to determine what impact the waiver would have on emissions and air quality.The federal energy bill (Public Law 109-58), signed by the President on 8/8/05, eliminated the oxygen content requirement for federal RFG effective in May 2006 (71 FR 26691; 5/8/06).

The Commissioner of the NY Department of Environmental Conservation, the Vice President for Programs at the NY State Research and Development Authority, and representatives of ten other states signed a Letter of Intent, dated 12/31/08, to analyze low carbon fuel supply options and develop a framework for a regional Low Carbon Fuel Standard in the Northeast/Mid-Atlantic region. Governor Paterson and the governors of 10 NE/MA states signed a Memorandum of Understanding dated 12/30/09 for the development of a regional LCFS.

Last updated September 2017