Sec. 1001.37. Exhibit 37: back-up fuel

If a back-up fuel is proposed for the facility, Exhibit 37 shall contain:

(a) A description of the circumstances under which fuel oil shall be burned in the facility and a description of all onsite facilities and interconnections required for the transportation, storage and combustion of fuel oil, including:

(1) a chemical analysis of the back-up fuel;

(2) an estimate of the rate of fuel oil consumption at full power output;

(3) a description of any fuel oil storage tank(s), including the storage capacity of the tank(s) and a description of any secondary containment structures proposed to be constructed around the tank and off loading areas and any other facilities or measures proposed to prevent, contain or clean up oil spills;

(4) an estimate of the maximum period that the plant could burn oil without refueling;

(5) a description of the proposed method of oil delivery and on site oil delivery infrastructure or offsite interconnections and an estimate of the maximum rate of delivery, given the transportation methods and facilities proposed;

(6) an estimate of the expected frequency and duration of oil firing of the facility and a discussion of the assumptions and analyses used to arrive at this estimate; and

(7) a statement of the number of days of back-up fuel supply to be maintained including a discussion as to whether such number will be sufficient to conform to commission policies on minimum back-up fuel supply quantities.

(b) If it is proposed to store more than 400,000 gallons of fuel oil at the facility site:

(1) a copy of any spill prevention, countermeasures and control (SPCC) plan required pursuant to Federal regulations;

(2) an application for a major petroleum facility license pursuant to article 12 of the Navigation Law, section 174 (licenses), 17 NYCRR Part 30 (Oil Spill Prevention and Control- Licensing of Major Facilities), 6 NYCRR Part 610 (Certification of Onshore Major Facilities), and 6 NYCRR Parts 612 through 614 (Petroleum Bulk Storage Regulations).

(c) An identification and evaluation of reasonable alternatives to the use of fuel oil as a back-up fuel, including the feasibility of not having fuel oil back-up capability.

(d) A discussion of the impact of the facility use of fuel oil on wholesale supplies and prices in the affected region.

(e) If it is proposed to use a back-up fuel other than fuel oil, an identification of the proposed back-up fuel and such information for the identified back-up fuel as is required for fuel oil as a back-up fuel pursuant to subdivisions (a) through (d) of this section, to the degree such information is applicable.