Sec. 250.16. Special limitations—Long Island Lighting Company: Northport and Port Jefferson generating facilities

It is ordered, pursuant to section 225-1.2(c) of this Subchapter:

(a) That special limitations for Units 1, 2 and 3 of the Northport generating facility and for Units 3 and 4 of the Port Jefferson generating facility are granted, to the extent that LILCO is authorized to continue to purchase and use residual oil of up to a maximum of 2.8 percent sulfur content by weight be sold to LILCO for use in each such unit for the period of September 25, 1984 to September 24, 1986. From September 25, 1986 to December 31, 1987 the authorized sulfur content will be reduced to 2.0 percent by weight. The limitations are conditioned on the following:

(1) that LILCO provide and operate a department-approved continuous air quality monitoring network, which shall include telemetering of data from said network at not less than daily intervals in a manner satisfactory to the department.

(2) that LILCO provide and operate a department-approved quality assurance plan to ensure valid and credible monitoring data;

(3) that LILCO shall submit semiannual quality assurance reports, the format and content of said reports to be in accordance with department specifications;

(4) that the department expressly reserves the right to modify or revoke the special limitations on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitations fail adequately to protect the public health and welfare from the deleterious effects of sulfates, a determination that operation of the Northport or Port Jefferson plants at such higher sulfur content oil as authorized in this section contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality. Further, the special limitations will be directly subject to any final determination made as a result of an environmental impact statement (EIS) being prepared by the department to evaluate its sulfur emissions policy. They also will be evaluated with respect to requirements of the State Acid Deposition Control Act, if appropriate;

(5) that LILCO shall maintain a reserve supply of 1.0 percent sulfur oil for use as directed by the department during emergency periods;

(6) that the special limitations granted herein shall continue the existing special fuel use limitations from the current expiration date of September 24, 1984 until December 31, 1987, unless modified or rescinded as provided by paragraph (4) of this section, with 2.8 percent being the authorized sulfur content for the period of September 25, 1984 to September 24, 1986, and 2.0 percent being the authorized sulfur content from September 25, 1986 until December 31, 1987;

(7) that LILCO initiate immediately the following modifications to the continuous monitoring network:

(i) removal of the Wolf Hill and Pilgrim monitors; and

(ii) relocation of the Northport monitor to a downwind distance of about 2 kilometers southeast of the Northport plant. The final location of said monitor is to be approved by department staff prior to siting;

(8) that the department reserves the right to audit and require modification of the network at any time, with provision for adequate time to effect any modifications required;

(9) that LILCO shall revise the reporting format, content and schedule upon notification by the department; and

(10) that the special limitations granted in this section shall not relieve LILCO from operating the subject facilities in such manner as to conform to the terms and conditions of the Certificates to Operate issued therefor; nor shall the special limitations issued in this section otherwise relieve LILCO from any responsibilities for compliance with any applicable laws, regulations or requirements.