[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3387-3389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01901]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0513; FRL-9989-17--Region 3]


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

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. The revision updates Allegheny County's 
portion of the Pennsylvania SIP, which includes regulations concerning 
sulfur content in fuel oil. 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 revision will strengthen the Pennsylvania 
SIP. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0513 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 8, 2018, the Allegheny County Health Department (ACHD) 
through the Pennsylvania Department of Environmental Protection (PADEP) 
submitted a formal revision to the Pennsylvania SIP. The SIP revision 
consists of an amendment to ACHD regulations under Article XXI (Air 
Pollution Control) which adds sections to implement the use of low 
sulfur fuel oils used in combustion units in Allegheny County, adding 
sampling and testing methods, and amending associated definitions.
    Sulfur dioxide (SO2) emissions contribute to the 
formation of fine particulate matter (PM2.5) and sulfates in 
the atmosphere, and subsequently to the formation of regional haze. 
Regional haze is visibility impairing pollution that scatters and 
absorbs light. The pollutants that cause visibility impairment come 
from sources and activities that emit fine particles and their 
precursors, SO2, PM2.5, nitrogen oxides 
(NOX), and volatile organic compounds (VOCs).
    The May 8, 2018 SIP revision included revisions to Article XXI to 
implement low sulfur fuel oil provisions in Allegheny County that align 
with the state-wide low sulfur fuel oil provisions in 25 Pa Code 
Section 123.22 (Section 123.22), which is part of the Pennsylvania SIP. 
The SIP revision seeks to add Sections 2104.10 (Commercial Fuel Oil) 
and 2107.16 (Sulfur in Fuel Oil) of Article XXI to the Pennsylvania SIP 
and amend, within the SIP, Section 2101.20 (Definitions) of Article 
XXI.\1\
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    \1\ These revisions became effective within Allegheny County as 
of December 8, 2017.
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    EPA previously approved amendments to Pennsylvania's low sulfur 
fuel oil regulation in July 2014. The regulations in 25 Pa Code Section 
123.22 specified and established SO2 emission levels and 
maximum allowable sulfur contents for certain fuel oil types by 
specific air basins through June 30, 2016, and consistent state-wide 
maximum allowable sulfur contents for certain fuel oil types beginning 
July 1, 2016. 79 FR 39330 (July 10, 2014). The July 2014 regulation 
established maximum allowable sulfur-content in fuels prior to June 30, 
2016 in all Pennsylvania air basins except Allegheny County, Lower 
Beaver Valley, and Monongahela Valley. It also established a statewide 
maximum allowable sulfur content in fuel oil, including Allegheny 
County, beginning on July 1, 2016.

II. Summary of SIP Revision and EPA Analysis

    Through the May 2018 SIP revision submittal, Pennsylvania seeks to 
add Sections 2104.10 and 2107.16 of ACHD's Article XXI to the 
Pennsylvania SIP. Section 2104.10 implements low sulfur fuel oil 
provisions that will reduce the amount of sulfur in fuel oils

[[Page 3388]]

that are offered for sale, delivered for use, exchanged in trade or 
permitted to use in Allegheny County, Pennsylvania. Section 2104.10(a) 
establishes maximum allowable sulfur content for commercial fuel oil, 
expressed as parts per million (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 (2,500 ppm), and 0.5 percent sulfur content by weight 
(5,000 ppm) for number 5 and number 6 and heavier commercial fuel oils 
by no later than July 1, 2016. Commercial fuel oil stored by the 
ultimate consumer in the County prior to the applicable compliance date 
may be used after the applicable compliance date if the fuel oil met 
the applicable maximum allowable sulfur content at the time it was 
stored.
    The provision in Section 2104.10(a)(2) of Article XXI allows for a 
temporary suspension or increase to the maximum allowable sulfur 
content for a commercial fuel oil according to provisions set forth in 
25 Pa Code Section 123.22(d)(2)(iii) and (iv). In the event that 
compliant fuel is not reasonably available in the air basin, and a 
written waiver request is appropriately filed, and subsequently 
approved by PADEP, a suspension of these sulfur levels can be granted 
for the shortest duration in which adequate supplies can be made 
reasonably available, but for no more than 60 days.
    Section 2104.10(c) and (d) of Article XXI establish sampling, 
testing, recordkeeping, and reporting requirements. Recordkeeping and 
reporting requirements in Section 2104.10(d) apply to transferors and 
transferees in the manufacture and distribution chain for commercial 
fuel oil from the refinery owner or operator to the ultimate consumer. 
If any transferor accepts a shipment of commercial fuel oil of a 
shipment that lacks the required records specified in Section 
2104.10(d), they are required to test for sulfur content under Section 
2104.10(c)(3).
    Definitions for terminology which relate to reporting and 
recordkeeping requirements were added. Pennsylvania's May 2018 SIP 
revision submittal also seeks to amend Section 2101.20 (Definitions) to 
add the following new terms: (1) ``Commercial fuel oil;'' (2) 
``Noncommercial fuel;'' (3) ``Transferee;'' (4) ``Transferor;'' and (5) 
``Ultimate consumer.'' Additionally, the revision to Section 2101.20 
(Definitions) of Article XXI seeks to amend the definition of the 
following terms to provide clarity and support the amendments to 
Section 2104.10 and Section 2107.16: (1) ``Carrier;'' (2) 
``Distributor;'' (3) ``Retail outlet;'' and (4) ``Terminal.''
    Section 2107.16 of Article XXI establishes the sampling methods 
that must be used. Refinery owners and operators who produce commercial 
fuel oil intended for use or used in Allegheny County are required to 
sample, test and calculate the actual sulfur content of each batch of 
the commercial fuel oil according to the methods established in Section 
2107.16. The regulations ACHD seeks to add to the Pennsylvania SIP 
require the use of various American Standards of Testing Materials 
(ASTM) methods for the sampling of petroleum and for the determination 
of sulfur content in fuel oil, including updates and revisions to those 
methods. These methods match those cited in 25 Pa Code Section 
123.33(f), which is part of the Pennsylvania SIP.
    Pennsylvania asserts that lowering the maximum allowable sulfur 
content in commercial fuel oils combusted or sold in Allegheny County 
will aid in reducing SO2 emissions that are a cause of 
regional haze. EPA proposes to approve these regulations to strengthen 
Pennsylvania's SIP.

III. Proposed Action

    EPA has determined that the revisions made to Article XXI of ACHD's 
rules and regulations, Sections 2101.20, 2104.10 and 2107.16, meet the 
requirements of the CAA and is proposing to approve the amendments to 
ACHD's regulations for commercial fuel oil sulfur limits for combustion 
units into the Pennsylvania SIP. EPA is soliciting public comments on 
the issues discussed in this document. These comments will be 
considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference ACHD's maximum allowable sulfur content regulation. EPA has 
made, and will continue to make, these materials generally available 
through http://www.regulations.gov and at the EPA Region III Office 
(please contact the person identified in the For Further Information 
Contact section of this preamble for more information).

V. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 SIP revision for commercial fuel oil sulfur 
limits for combustion units in Allegheny County, Pennsylvania, does not 
have tribal

[[Page 3389]]

implications as specified in Executive Order 13175, 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. Thus, Executive Order 13175 does not 
apply to this action.

List of Subjects in 40 CFR Part 52

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

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

    Dated: December 27, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-01901 Filed 2-11-19; 8:45 am]
 BILLING CODE 6560-50-P