[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20270-20273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08642]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0199; FRL-9961-31-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Revision of Regulations for Sulfur Content of
Fuel Oil
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the District of Columbia (the District)
state implementation plan (SIP). The revision pertains to the update of
the District of Columbia Municipal Regulations (DCMR) to lower the
sulfur content of fuel oil. This action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on May 31, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0199. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 11, 2016 (81 FR 70064 and 81 FR 70020), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the District. EPA received a comment on the
rulemaking and attempted to withdraw the DFR prior to the effective
date of December 12, 2016. However, EPA inadvertently did not withdraw
the DFR prior to that date and the rule prematurely became effective on
December 12, 2016, revising the District's SIP to include DCMR Chapters
1, 5, and 8 of Title 20 on that date. In the NPR, EPA had proposed to
approve the SIP revision, which would add the revised versions of DCMR
Chapters 1, 5, and 8 of Title 20 to the District's SIP. These revisions
to the DCMR reduce the allowable sulfur content of fuel oils that are
combusted in oil-burning combustion units in the District. On January
20, 2016, the District, through the District of Columbia Department of
Energy and Environment, submitted the aforementioned regulations for
inclusion into the District's SIP. The revisions to the DCMR reduce the
sulfur content of fuel oil that can be combusted within the District
and prohibit the combustion of certain higher sulfur content fuel oil
regardless of where the fuel is refined. EPA is responding to the
comment submitted on the proposed revision to the District's SIP, is
approving the low sulfur fuel oil regulations for inclusion in the
District's SIP, and is amending the effective date of the regulations'
inclusion in the SIP to correct our
[[Page 20271]]
failure to withdraw the DFR (after EPA received adverse public
comments) prior to the December 12, 2016 effective date of the DFR.
II. Summary of SIP Revision and EPA's Analysis
The combustion of fuel oil containing sulfur leads to direct
emissions of fine particulate matter (PM2.5) and also sulfur
dioxide (SO2)--a pollutant which is a precursor to secondary
formation of PM2.5 pollution. In addition, SO2
emissions oxidize in the atmosphere to form sulfates, which are one of
the largest contributors to the formation of regional haze, which
impairs visibility in the atmosphere by the scattering and absorption
of sunlight by fine particles. Visibility impairment reduces the
clarity, color, and visible distance that one can see. The District
asserts its regulations limiting sulfur content in fuel oil used by
certain fuel combustion sources and the prohibition of combustion of
high sulfur content fuel oil within the District will decrease
SO2 emissions and therefore strengthen the District's SIP.
The reduction in SO2 emissions helps the District to
maintain the national ambient air quality standards (NAAQS) for
SO2 and PM2.5. Additional SO2 emission
reductions and subsequent reductions in sulfates from District sources
combusting lower sulfur fuel will assist the District in achieving
further reasonable progress towards reducing regional haze. Under
section 169A of the CAA, it is a national goal to remedy and prevent
regional haze in any Class I areas.\1\ Section 169A requires states
which contain Class I areas and states from which emissions may
reasonably be anticipated to cause or contribute to visibility
impairment in Class I areas to submit SIP revisions to make reasonable
progress toward meeting the national goal (regional haze SIPs). The
District's regional haze program to address visibility impairment
requirements in Class I areas was fully approved into the District's
SIP by EPA on February 2, 2012. See 77 FR 5191.\2\ The District has
submitted revised regulations for SIP approval to implement its low
sulfur fuel oil program.
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\1\ Class I areas include national parks, wilderness areas, or
other areas of national importance that have visibility protection
requirements.
\2\ The District's regional haze SIP addressing the planning
period from 2008 to 2018 is consistent with EPA's requirements in 40
CFR 51.308 and 51.309. The SIP addressed contribution to visibility
impairment related to emissions of PM2.5 and its
precursors, and included measures to address emissions that would
interfere with reasonable progress goals of neighboring states set
to protect Class I areas. During the development of the first round
of regional haze SIPs, the regional planning organization for the
Northeastern and Mid-Atlantic states, Mid-Atlantic/Northeast
Visibility Union (MANE-VU), established a strategy for these states
to meet the requirements of reasonable progress goals by
implementing certain measures, including pursuing a low sulfur fuel
oil strategy to reduce sulfur content in fuels by 2018.
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These revisions to DCMR Chapters 1, 5, and 8 of Title 20 require
that the sulfur content of Number 2 (No. 2) fuel oil be no greater than
500 parts per million (ppm); the sulfur content of Number 4 (No. 4)
fuel oil be no greater than 2,500 ppm; and prohibit the use of Number 5
(No. 5) and heavier fuel oils in the District. Additionally, beginning
July 1, 2018, the sulfur content of No. 2 fuel oil can be no greater
than 15 ppm. Any fuel oil stored by the ultimate consumer in the
District prior to the applicable compliance date may be used after the
applicable compliance date. The revisions also include changes to
reporting and recordkeeping requirements related to the use and storage
of the aforementioned fuel oils. Definitions for terminology which
relate to reporting and recordkeeping requirements were added.
The updates to Chapter 1 include amendments to the definitions of
``American Standards of Testing Materials (ASTM)'' and ``distillate
oil.'' The revision to Chapter 5 includes updates to the sampling and
testing practices for fuel oils. The amended Chapter 5 regulations
require the use of various ASTM methods for the sampling of petroleum;
an ASTM standard for the determination of fuel oil grade; and various
ASTM methods for the determination of sulfur content in fuel oil.
Chapter 8 includes the revised sulfur content for No. 2 and No. 4 fuel
oils and prohibits combustion of No. 5 and heavier fuel oils in the
District. Chapter 8 also includes the aforementioned compliance
provision and definitions related to reporting and recordkeeping
requirements.\3\
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\3\ Chapter 8 also includes provisions allowing waiver of fuel
oil limits when EPA has granted fuel waivers. Chapter 8 also
addresses fuel oil sulfur limits when a person, owner, or operator
of a stationary source employs equipment or a process to reduce
sulfur emissions from burning fuel oil.
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As discussed in the DFR and NPR, EPA finds the District's low
sulfur fuel regulations will improve visibility while also helping the
District to maintain the NAAQS for SO2 and PM2.5
by reducing sulfur oxide emissions and PM2.5 emissions
through reduction of sulfur in fuel oils combusted in the District. EPA
finds that these regulations strengthen the District's SIP. EPA notes
that existing provisions and the adoption of a low sulfur fuel oil
program in the District will lead to SO2 emission reductions
and provide additional SO2 and PM2.5 emission
reductions from the District to achieve further reasonable progress
towards reducing regional haze in nearby Class I areas, which may be
impacted by emissions from the District.
III. Public Comments and EPA's Responses
EPA received comments from the Export Inspection Council of India
within the Ministry of Commerce and Industry, Government of India
(hereinafter referred to as ``commenter'') on November 10, 2016.
Comment Summary: The commenter noted that the District is of the
view that the lower sulfur fuel oil regulation will decrease
SO2 emissions from certain fuel combustion sources which
results in the strengthening of the District's SIP and which will help
the District maintain the SO2 NAAQS. The commenter asked
whether this SIP revision is based on any scientific studies or
justifications on the low sulfur content of fuel oil. The commenter
also asked whether the rule implementing the lower sulfur content of
fuel oil has any significance to meeting any ``multilateral
obligation.'' Finally, the commenter inquired whether the proposed SIP
revision applies to only domestically produced fuel oil or also applies
to fuel oil exported to the United States.
Response: In response to the commenter's inquiry whether this
regulation applies to fuel oil imported into the District, as well as
to fuel oil produced within the District, EPA notes that the District's
regulation applies to all fuel oil to be combusted within the District
and limits the sulfur content of fuel oil combusted within the District
regardless of where the fuel oil is refined. Thus, EPA responds to the
commenter that the District's regulation limits the sulfur content of
all fuel oil combusted within the District, whether the fuel oil is
domestically produced or imported from sources outside the District or
outside the United States. See title 20 of DCMR chapter 8 section 801.
As the commenter notes, the District's regulation lowering the
sulfur content of fuel oil combusted within the District will reduce
SO2 emissions within the District and aid the District in
attaining and maintaining the SO2 NAAQS as EPA noted in the
NPR. The District's regulation to reduce the sulfur content in fuel oil
is also a response by the District to address regional needs to reduce
SO2, the primary pollutant in the Mid-Atlantic and Northeast
United States responsible for visibility impairment or regional haze.
To address CAA requirements for regional haze, the Mid-Atlantic and
Northeastern states
[[Page 20272]]
agreed to pursue common efforts to reduce SO2 and visibility
impairment. One effort to which these states agreed was the reduction
of sulfur content in fuel oil. A contribution assessment for these
states was prepared for the first round of regional haze SIPs due in
2007 entitled Contributions to Regional Haze in the Northeast and Mid-
Atlantic United States.\4\ The assessment provided an analysis of
pollutant contributions to the formation of regional haze as well as
pollutant apportionment among states in the Mid-Atlantic and Northeast
regions of the United States. The assessment found that SO2
accounts for 20 percent of the haziest days in the Mid-Atlantic and
Northeast region. These states developed a coordinated course of action
to address the SO2 emissions contributing to regional haze
in the eastern United States and asked states in this area to adopt
regulations to lower the sulfur content of fuel oil. To meet this
coordinated course of action and to also reduce SO2
emissions in general to aid in attaining and maintaining the
SO2 NAAQS, the District adopted the low sulfur fuel oil
regulations, which are the subject of this SIP revision. Other than
this ``contribution assessment,'' which aided states in the Mid-
Atlantic and Northeast regions to address regional haze, EPA is not
aware of any other scientific studies or justifications on low sulfur
content of fuel oil on which the District's regulation for sulfur
content in fuel oil is based.
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\4\ This document can be found at: http://www.nescaum.org/documents/contributions-to-regional-haze-in-the-northeast-and-mid-atlantic--united-states/.
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Finally, regarding whether the District's regulation has any
significance to meeting any multilateral obligation, EPA is unaware to
what the commenter refers by ``multilateral obligation'' as the
commenter has not defined this phrase. Assuming arguendo that the
commenter meant to ask whether this low sulfur fuel regulation from the
District addresses any obligations of the District or of the United
States to ``international communities'' via treaties or other
international law obligations, EPA is not aware of any ``multilateral
obligations'' to which this regulation is intended to apply. The
District's January 20, 2016 submission only states that its submitted
regulation which lowers the sulfur content of fuel combusted within the
District was intended to reduce SO2 emissions within the
District and aid the District in attaining and maintaining the
SO2 NAAQS. The District's January 20, 2016 SIP revision
submittal did not address whether the District's regulation addressed
any multilateral obligation nor is EPA aware of any multilateral
obligation which this regulation is intended to address.
IV. Final Action
EPA is approving revisions to the DCMR Chapters 1, 5, and 8 of
Title 20 for inclusion in the District's SIP because the revisions meet
the requirements of the CAA in section 110 and strengthen the
District's SIP. The revisions to the DCMR Chapters include limits on
sulfur content in fuels to be combusted within the District and a
prohibition on combustion of high sulfur content fuels which will
reduce SO2 emissions in the District. EPA is also amending
the effective date of the inclusion of these revisions to the
District's SIP because the revisions were added to the SIP prematurely
on December 12, 2016 when EPA failed to withdraw its DFR after
receiving a comment on our approval of the District's low sulfur fuel
regulations. This rule which responds to the comment received finalizes
our approval and corrects the premature effective date for inclusion of
the revised low sulfur fuel regulations in the District's SIP.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the DCMR
Chapters 1, 5, and 8 of Title 20. Therefore, these materials have been
approved by EPA for inclusion in the SIP, have been incorporated by
reference by EPA into that plan, are fully Federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update of the SIP
compilation.\5\ EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov and/
or at the EPA Region III Office (please contact the person identified
in the For Further Information Contact section of this preamble for
more information).
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\5\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
A. General Requirements
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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 rule 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 20273]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 30, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action approving the revisions to the District of Columbia's
regulations to lower the sulfur content of fuel oil may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
0
2. In Sec. 52.470, the table in paragraph (c) is amended by revising
the entries for ``Section 199'', ``Sections 502.1 through 502.15'',
``Section 801'', and ``Section 899'' to read as follows:
Sec. 52.470 Identification of plan.
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(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
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State
State citation Title/subject effective EPA approval date Additional
date explanation
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District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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Chapter 1 General
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Section 199...................... Definitions and 08/16/15 05/01/17 [Insert Added two new
Abbreviations. Federal Register definitions.
citation].
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Chapter 5 Source Monitoring and Testing
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Sections 502.1 through 502.15.... Sampling, Tests, 08/16/15 05/01/17 [Insert Updates to sampling
and Measurements. Federal Register and testing
citation]. practices for fuel
oils. Exceptions:
Paragraphs 502.11,
502.12 and 502.14
are not part of
the SIP.
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Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
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Section 801...................... Sulfur Content of 08/16/15 05/01/17 [Insert Updates to the
Fuel Oils. Federal Register sulfur content of
citation]. No. 2 and No.4
fuel oils and the
prohibition of the
use of No. 5 fuel
oil.
* * * * * * *
Section 899...................... Definitions and 08/16/15 05/01/17 [Insert Addition of new
Abbreviations. Federal Register definitions that
citation]. relate to the
handling and
storage of fuel
oil.
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[FR Doc. 2017-08642 Filed 4-28-17; 8:45 am]
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