[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Proposed Rules]
[Pages 9701-9703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0241; FRL-9906-97-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Commercial Fuel Oil Sulfur Limits for 
Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania. This revision will implement low sulfur 
fuel oil provisions that will reduce the amount of sulfur in fuel oils 
used in combustion units which will aid in reducing sulfates that cause 
decreased visibility. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before March 24, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0241 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2013-0241, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0241. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On February 25, 2013, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a revision to 
the Pennsylvania SIP by adopting revisions to 25 Pennsylvania Code (Pa. 
Code) Chapters 121, 123 and 139. This revision implements low sulfur 
fuel oil provisions that will reduce the amount of sulfur in fuel oils 
used in combustion units and amends associated definitions, sampling 
and test methods, and record keeping and recording provisions which 
will aid in reducing sulfates that cause decreased visibility.

[[Page 9702]]

I. Background

    Sulfur dioxide (SO2) is one of a group of highly 
reactive gasses known as ``oxides of sulfur.'' The largest sources of 
SO2 emissions are from fossil fuel combustion at power 
plants (73 percent) and other industrial facilities (20 percent). 
Smaller sources of SO2 emissions include industrial 
processes such as extracting metal from ore and the burning of high 
sulfur-containing fuels by locomotives, large ships, and non-road 
equipment. Combustion of sulfur-containing commercial fuel oils 
releases SO2 emissions, which contribute to the formation of 
regional haze and fine particulate matter (PM2.5), both of 
which impact the environment and human health. Regional haze is 
pollution produced by sources and activities that emit fine particles 
and their precursors which impairs visibility through scattering and 
absorption of light. Regional haze affects urban and rural areas, 
including national parks, forests, and wilderness areas.
    Fine particles may be emitted directly or formed from emissions of 
precursors, the most important of which includes SO2. 
SO2 emissions oxidize in the atmosphere to form sulfate 
particles. Visibility impairment, including regional haze, is mostly 
due to an increase in sulfate particles in the atmosphere. 
SO2 emissions also contribute to the formation of acid rain. 
Both acid rain and PM2.5 contribute to agricultural crop and 
vegetation damage and degradation of the Chesapeake Bay. Combustion of 
low sulfur-content commercial fuel oil can contribute to a reduction in 
SO2 emissions and in the incidences of adverse effects in 
the Commonwealth of Pennsylvania. The reduction of sulfur limits in 
commercial fuel oils used in residential and commercial combustion 
units is an appropriate measure for reducing regional haze and 
improving visibility.

II. Summary of SIP Revision

    This SIP revision to implement low sulfur fuel oil provisions 
applies to the owner and/or operator of the following: (1) Refineries; 
(2) pipelines; (3) terminals; (4) retail outlet fuel storage facilities 
and ultimate consumers; (5) commercial and industrial facilities; and 
(6) facilities with a unit burning regulated fuel oil to produce 
electricity and domestic home heaters. The amendments to Chapter 121, 
section 121.1--Definitions, add a new term ``ultimate consumer'' and 
amend the definitions of the following terms to provide clarity and 
support the amendments to Chapter 123: (1) ``Commercial fuel oil;'' (2) 
``Noncommercial fuel;'' (3) ``Carrier;'' (4) ``Distributor;'' (5) 
``Retail outlet;'' (6) ``Terminal;'' (7) ``Transferee;'' and (8) 
``Transferor.'' The definitions for ``Commercial fuel oil'' and 
``Noncommercial fuel'' are amended in order to synchronize them. The 
definition for ``Carrier'' is amended in order to expand the definition 
to apply to commercial fuel oil that is carried. The definition for 
``Distributor'' is amended in order to establish applicability to 
commercial fuel oil that is distributed and to broaden the list of 
transferees. The definitions for ``Retail outlet'' and ``Terminal'' are 
amended in order to expand the definitions. The definitions for 
``Transferee'' and ``Transferor'' are amended in order to provide more 
specificity by listing examples of the persons and/or entities required 
to comply with the regulation.
    This SIP revision to Chapter 123, section 123.22--Combustion units, 
implements low sulfur fuel oil provisions that will reduce the amount 
of sulfur in fuel oils that are stored, offered for sale, delivered for 
use, sold or exchanged in trade for use in Pennsylvania. This SIP 
revision amends and adds two subsections to section 123.22. The 
following amendments are made to section 123.22(a), which applies to 
nonair basin areas: (1) Editorial revisions to express the new maximum 
allowable sulfur contents both in parts per million (ppm) by weight and 
percentage by weight; (2) amendments to the existing percent sulfur 
limits to be expressed as maximum allowable percentage sulfur by 
weight, through June 20, 2016; (3) reductions to the maximum allowable 
sulfur content for commercial fuel oil, expressed as ppm by weight or 
percentage by weight, for number 2 and lighter distillate oil to 0.05 
percent sulfur content by weight (500 ppm), number 4 residual oil to 
0.25 percent sulfur content by weight, and 0.5 percent sulfur content 
by weight for number 5 and number 6 and heavier commercial fuel oils by 
no later than July 1, 2016; (4) establish a provision that a person is 
not authorized to offer for sale, deliver for use, exchange in trade or 
permit the use of a noncomplying commercial fuel oil in a nonair basin 
on or after July 1, 2016; (5) establishment of two exceptions which 
allow commercial fuel oil stored by ultimate consumers prior to July 1, 
2016 to be used after that date as long as the applicable maximum 
sulfur content identified through June 30, 2016 were met and allow for 
temporary suspension or increase in the applicable maximum allowable 
sulfur content limits; and (6) amendments to the equivalency provision 
to provide greater clarity.
    Subsections (b), (c), (d), and (e) of section 123.22 are amended 
similarly to subsection (a); however, they establish applicability to 
specific areas. Section 123.22(b) establishes applicability to air 
basins in Erie, Harrisburg, York, Lancaster, Scranton, and Wilkes-
Barre. Section 123.22(c) establishes applicability to air basins in 
Allentown, Bethlehem, Easton, Reading, Upper Beaver Valley, and 
Johnstown. Section 123.22(d) establishes applicability to air basins in 
Allegheny County, Lower Beaver Valley, and Monongahela Valley and adds 
maximum allowable sulfur content limits and the equivalency provision 
which never existed. Section 123.22(e) establishes applicability to air 
basins in Southeast Pennsylvania which are defined in section 121.1.
    This SIP revision adds section 123.22(f) in order to establish 
sampling and testing requirements for refinery and terminal owners and 
operators to ensure compliance with the maximum allowable sulfur 
content for commercial fuel oil intended for use or used on or after 
July 1, 2016. This SIP revision also adds section 123.22(g) in order to 
establish recordkeeping and reporting requirements applicable to 
transferors and transferees in the manufacture and distribution chain 
for commercial fuel oil from the refinery owner or operator to the 
ultimate consumer.
    This SIP revision amends Chapter 139 in order to update provisions 
in section 139.4 and section 139.16. The amendments to section 139.4--
References update six of the applicable sulfur method references, add 
two new sulfur method references, and provide the address for 
requesting a temporary suspension or increase. Section 139.16--Sulfur 
in fuel oil, is amended in order to add cross references to the two new 
sulfur method references in section 139.4.

III. Proposed Action

    EPA has determined that the revisions made to 25 Pa. Code Chapters 
121, 123, and 139 meet the SIP revision requirements of the CAA and is 
proposing to approve the amendments to Pennsylvania's regulations for 
commercial fuel oil sulfur limits for combustion units. By reducing the 
sulfur in the fuel oils, sulfur oxide emissions and fine particulate 
emissions will be reduced which will improve visibility and help to 
attain the PM2.5 national ambient air quality standard. EPA 
believes these regulations strengthen the Pennsylvania SIP. EPA notes 
that existing provisions and the adoption of a low sulfur fuel oil 
strategy

[[Page 9703]]

will lead to SO2 emission reductions and provide additional 
emission reductions from Pennsylvania to achieve further reasonable 
progress towards reducing regional haze. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to implement low sulfur fuel oil 
provisions that will reduce the amount of sulfur in fuel oils used in 
combustion units in Pennsylvania does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 7, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-03642 Filed 2-19-14; 8:45 am]
BILLING CODE 6560-50-P