[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18738-18740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08854]



[[Page 18738]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0513; FRL-9993-01-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania (Pennsylvania). The revision updates Allegheny County's 
portion of the Pennsylvania SIP by incorporating low sulfur fuel oil 
provisions. Implementation of these provisions will reduce the amount 
of sulfur in fuel oils used in combustion units in Allegheny County. 
EPA is approving this revision to the Pennsylvania SIP in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0513. All documents in the docket are listed on 
the https://www.regulations.gov website. 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: Erin Trouba, Planning and 
Implementation Branch (3AD30), Air and Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2023. Ms. Trouba can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 12, 2019 (84 FR 3387), EPA published a notice of 
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the 
NPRM, EPA proposed to incorporate low sulfur fuel oil provisions for 
Allegheny County into the Pennsylvania SIP. These provisions will 
reduce the amount of sulfur in fuel oils used in combustion units in 
Allegheny County. The formal SIP revision was submitted by the 
Allegheny County Health Department (ACHD) through the Pennsylvania 
Department of Environmental Protection (PADEP) on May 8, 2018.
    The SIP revision consists of an amendment 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. The SIP revision submittal adds Sections 2104.10 
(Commercial Fuel Oil) and 2107.16 (Sulfur in Fuel Oil) of Article XXI 
to the Pennsylvania SIP and amends, within the SIP, Section 2101.20 
(Definitions) of Article XXI.

II. Summary of SIP Revision and EPA Analysis

    Section 2104.10 implements low sulfur fuel oil provisions that will 
reduce the amount of sulfur in fuel oils 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 Allegheny 
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. Section 2104.10(c) 
and (d) of Article XXI establish sampling, testing, recordkeeping, and 
reporting requirements. Definitions for terminology which relate to 
reporting and recordkeeping requirements were added and amended. 
Section 2107.16 of Article XXI establishes the sampling methods that 
must be used.
    Other specific requirements of commercial fuel oil sulfur limits 
for combustion units in Allegheny County and the rationale for EPA's 
proposed action are explained in the NPRM and will not be restated 
here. No adverse public comments were received on the NPRM. One 
positive comment was received.

III. Final Action

    EPA is approving Pennsylvania's May 8, 2018 SIP submittal regarding 
sulfur limits in fuel oil for combustion units in Allegheny County as a 
revision to the Pennsylvania SIP.

IV. Incorporation by Reference

    In this document, 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 Allegheny 
County's rules regarding sulfur content in commercial fuel oils 
discussed in Sections I and II of this action. EPA has made, and will 
continue to make, these materials generally available through https://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). 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 in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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,

[[Page 18739]]

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 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 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 July 1, 2019. 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 which limits the sulfur content in fuel oil used by 
combustion units in Allegheny County 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 18, 2019.
Diana Esher,
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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by 
adding:
0
a. Under ``Part A--General'', a tenth entry for ``2101.20'';
0
b. Under ``Part D--Pollutant Emission Standards'', an entry for 
``2104.10''; and
0
c. Under ``Part G--Methods'', an entry for ``2107.16''.
    The additions read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
    Article XX or XXI                                 State                             Additional explanation/
         citation              Title/subject     effective date    EPA approval date    Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2101.20..................  Definitions.........      12/08/2017  5/2/2019, [Insert     Revised and added
                                                                  Federal Register      definitions relating to
                                                                  citation].            sale and usage of
                                                                                        commercial fuel oil.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Part D--Pollutant Emission Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2104.10..................  Commercial Fuel Oil.      12/08/2017  5/2/2019, [Insert
                                                                  Federal Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Part G--Methods
----------------------------------------------------------------------------------------------------------------
 

[[Page 18740]]

 
                                                  * * * * * * *
2107.16..................  Sulfur in Fuel Oil..      12/08/2017  5/2/2019, [Insert
                                                                  Federal Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-08854 Filed 5-1-19; 8:45 am]
BILLING CODE 6560-50-P