[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Proposed Rules]
[Pages 9991-9993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04769]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0722; FRL-9990-85-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in
Philadelphia 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 Philadelphia
County's portion of the Pennsylvania SIP, which includes regulations
concerning sulfur content in fuel oil. This revision will implement
lower sulfur fuel oil provisions in the Philadelphia County that will
reduce the amount of sulfur in commercial 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 April 18, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0722 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 June 21, 2018, the City of Philadelphia, Air Management Services
(AMS) through the Pennsylvania Department of Environmental Protection
(PADEP) submitted a formal revision to the Pennsylvania SIP. The SIP
revision consists of an amendment to 40 CFR 52.2020(c)(3), the
Philadelphia County portion of the SIP \1\, in order to implement
provisions for lower sulfur levels in commercial fuel oil in
Philadelphia County.
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\1\ The Pennsylvania SIP is set forth at 40 CFR 52.2020(c), with
the Philadelphia portion of the Pennsylvania SIP located at 40 CFR
52.2020(c)(3).
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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 June 21, 2018 SIP revision consists of amendments to the
Philadelphia County portion of the Pennsylvania SIP regarding
provisions for lower sulfur levels in fuel oil in Philadelphia that are
more stringent than the state-wide SIP-approved provisions.\2\ Since
1972, the Pennsylvania SIP has contained provisions limiting the amount
of sulfur allowable in fuel oils in Philadelphia County. In recent
years, amendments were made to Title 3 of the Philadelphia Code, the
Air Management Code (AMC) and to Air Management Regulation (AMR) III,
to lower the maximum allowable level of sulfur in number 2 and lighter
fuel oils, to impose more stringent levels on number 4 commercial fuel
oils, and to add exemption provisions relating to commercial fuel
oil.\3\
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\2\ The regulations in 25 Pa Code Section 123.22 established
statewide maximum allowable sulfur contents for certain fuel oil
types beginning July 1, 2016. 79 FR 39330 (July 10, 2014).
\3\ On June 5, 2014, amendments were proposed to Section 3-207
of the AMC (relating to commercial fuel oil) to lower the maximum
allowable level of sulfur in number 2 and lighter commercial fuel
oils and impose more stringent levels on number 4 fuel oils. The
amendments were signed into law on July 15, 2014. Further amendments
to Section 3-207 of the AMC to add exemption provisions relating to
commercial fuel oil in a new subsection (c) were proposed on May 21,
2015 and subsequently signed into law, becoming effective on June
18, 2015. The Air Pollution Control Board (APCB) of Philadelphia's
Department of Health subsequently adopted amendments to Air
Management Regulation III (AMR III) implementing the changes to the
AMC. The regulatory amendments addressing the 2014 changes to the
AMC were adopted on March 19, 2015 and became effective on June 15,
2015. Re-proposed amendments to AMR III reflecting both the 2014 and
2015 changes to Section 3-207 of the AMC were adopted by the APCB on
October 14, 2015 and became effective on November 25, 2015.
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[[Page 9992]]
The Commonwealth of Pennsylvania (Commonwealth or Pennsylvania) has
now submitted the finalized amendments to Title 3 of the AMC and to AMR
III for inclusion into the Pennsylvania SIP.
II. Summary of SIP Revision and EPA Analysis
Through its June 2018 SIP revision submittal, Pennsylvania seeks to
revise its SIP by including amendments to Section 3-207 of the AMC, as
well as Sections I, II, and III of AMR III (Control of Emissions of
Oxides and Sulfur Compounds). AMR III, Section I(A)(1)(a) lowers the
maximum allowable sulfur content in number 2 and lighter fuel oils from
0.2 percent (%) by weight (2000 parts per million (ppm)) to 0.0015% by
weight (15 ppm) and lowers the maximum allowable sulfur content in
number 4 fuel oils from 0.3% by weight (3000 ppm) to 0.25% by weight
(2500 ppm). In this proposed SIP revision, the maximum allowable sulfur
content for number 4 and heavier fuel oils is equal to, and the level
for number 2 and lighter fuel oils is more stringent than, the state-
wide levels set by Pennsylvania.
AMR III, Section I(A)(1)(b) lowers the permissible SO2
emissions from the combustion of number 4 fuel oils from 0.30 pounds of
SO2 per Million BTU (lbs SO2/MMBtu) Fuel Gross
Heat Input to 0.26 lbs SO2/MMBtu Fuel Gross Heat Input. AMR
III Section I also adds paragraphs (c) through (f) allowing commercial
fuel oil stored by the ultimate consumer at its facility prior to the
applicable compliance date, July 1, 2015, to be used after that
applicable compliance date, if the fuel oil met the applicable maximum
allowable sulfur content at the time it was stored, provided that
certain conditions are met. One of those conditions are that there are
written records of the sulfur content of the fuel oils and that all of
the noncompliant fuel oil stored before July 1, 2015 is used before
July 1, 2020. The City of Philadelphia Department of Public Health (the
Department) reserves the authority to extend the July 1, 2020 deadline
in the case of a variety of circumstances included in the regulation.
Section II(A) of AMR III lowers the sulfur oxides emission limit to 0.4
ppm for any 5-minute period when measured a ground level. Section III
of AMR III adds provisions regarding exemptions for using noncompliant
fuel oil beyond July 1, 2020.
The amendments to Section 3-207 of the AMC also adds an emergency
conditions provision. If delivery of compliant low sulfur fuel oil is
interrupted because of emergency conditions, the Department may
authorize the use of an alternative fuel supply, containing the least
amount of sulfur available, for a period not to exceed 30 days. Longer
periods of time may be authorized by the Department only after review
and recommendation are made by the Air Pollution Control Board.
The state-wide Pennsylvania regulations in 25 Pa Code Section
123.22 established maximum allowable sulfur contents for certain fuel
oil types including provisions on sampling and recordkeeping
requirements in paragraphs (f) and (g) that apply statewide. The
September 26, 2018 letter from the City of Philadelphia included in the
docket for this SIP revision assures that those sampling and
recordkeeping provisions apply to Philadelphia and that they are
enforceable by the City of Philadelphia and that AMS has been delegated
authority to enforce the Pennsylvania Air Pollution Control Act, and
the Pennsylvania air pollution regulations thereunder, in Philadelphia.
35 P.S. Section 4012.
The Commonwealth asserts that lowering the maximum allowable sulfur
content in commercial fuel oils combusted or sold in Philadelphia
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 Pennsylvania's proposed SIP revisions to 40
CFR 52.2020(c)(3), which incorporate amendments made to Section 3-207
of the AMC and Sections I, II, and III of AMR III, meet the SIP
revision requirements of the CAA. EPA is proposing to approve the June
21, 2018 Pennsylvania SIP revision which amends commercial fuel oil
sulfur limits for combustion and sale in Philadelphia County. 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 Philadelphia County's maximum allowable sulfur content in
commercial fuel oil 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
[[Page 9993]]
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 regarding commercial fuel oil sulfur limits
for combustion and sale in Philadelphia County does not have tribal
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: March 5, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-04769 Filed 3-18-19; 8:45 am]
BILLING CODE 6560-50-P