[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25178-25180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11171]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0722; FRL-9994-40-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The revision updates Philadelphia County's
portion of the Pennsylvania SIP, which includes regulations concerning
sulfur content in fuel oil. Implementation of these provisions will
reduce the amount of sulfur in fuel oils used in combustion units in
Philadelphia County. EPA is approving these revisions to the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on July 1, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0722. 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 & Implementation
Branch (3AD30), Air & 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 March 19, 2019 (84 FR 9991), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of lower commercial fuel oil sulfur limits for
combustion and sale in Philadelphia County into the Pennsylvania SIP.
The formal SIP revision was submitted by the City of Philadelphia, Air
Management Services (AMS) through the Pennsylvania Department of
Environmental Protection (PADEP) on June 21, 2018. The SIP revision
consists of an amendment to 40 CFR 52.2020(c)(3), the Philadelphia
County portion of the SIP, in order to implement provisions for lower
sulfur levels in commercial fuel oil in Philadelphia County.
II. Summary of SIP Revision and EPA Analysis
Through its June 2018 SIP revision submittal, Pennsylvania sought
to revise its SIP by including amendments to Section 3-207 of the Air
Management Code (AMC), as well as Sections I, II, and III of Air
Management Regulation (AMR) III (Control of Emissions of Oxides and
Sulfur Compounds). The revision lowers the maximum allowable sulfur
content in number 2 and lighter fuel oils from 0.2 percent (%) by
weight (2,000 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 (3,000 ppm) to 0.25% by weight (2,500 ppm).
The revision also lowers the permissible sulfur dioxide
(SO2) emissions from the combustion of number 4 fuel oils
and lowers the sulfur oxides emission limit to 0.4 ppm for any 5-minute
period when measured at ground level. The revision allows 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. Also included in the revised provisions are
exemptions for using noncompliant fuel oil beyond July 1, 2020 and an
emergency conditions provision.
Other specific requirements of lower commercial fuel oil sulfur
limits for combustion and sale in Philadelphia County and the rationale
for EPA's proposed action are explained in the NPRM, which is available
in the docket for this rulemaking located at https://www.regulations.gov, Docket ID Number EPA-R03-OAR-2018-0722. No adverse
public comments were received on the NPRM. Two identical positive
public comments were received.
III. Final Action
EPA is approving Pennsylvania's June 21, 2018 SIP submittal that
lowers commercial fuel oil sulfur limits for combustion units in
Philadelphia County as a revision to the Pennsylvania SIP. With this
approval, EPA will incorporate amended AMC Section 3-207 and AMR III
Sections I, II, and III into the Commonwealth of Pennsylvania's 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 lower
commercial fuel oil sulfur limits for combustion units in Philadelphia
County discussed in Sections I and II of this action. EPA has made, and
will continue to make, these materials generally available through
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
[[Page 25179]]
incorporated by reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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 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 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.
VI. 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 30, 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 regarding commercial fuel oil sulfur limits for
combustion and sale in Philadelphia 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: May 17, 2019.
Cosmo Servidio,
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)(3) is amended by
revising:
0
a. Under ``Title 3-Air Management Code'' an entry ``Chapter 3-200'';
and
0
b. Under ``Regulation III'', entries ``Section I'', ``Section II'', and
``Section III''.
The revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(3)* * *
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Additional
Rule citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
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Title 3--Air Management Code
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* * * * * * *
Chapter 3-200.............. Prohibited Conduct... 06/18/15 5/31/2019, Insert Section 3-207 was
Federal Register amended to lower the
citation]. allowable sulfur
content in fuel oils
in Philadelphia
County.
[[Page 25180]]
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Regulation III--The Control of Emissions of Oxides and Sulfur Compounds
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Section I.................. No Title [General 11/25/15 5/31/2019, Insert .....................
Provisions]. Federal Register
citation].
Section II................. Control of Sulfur 11/25/15 5/31/2019, Insert .....................
Compound Emissions. Federal Register
citation].
Section III................ Control of Sulfur in 11/25/15 5/31/2019, Insert .....................
Fuels. Federal Register
citation].
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[FR Doc. 2019-11171 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P