[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67418-67419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25738]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0558; FRL-9224-01-R3]
Air Plan Approval; Pennsylvania; Revision of the Maximum
Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel
Oil 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 pertains to the reduction of
the maximum allowable sulfur content limit for Number 2 (No. 2) and
lighter commercial fuel oil, generally sold and used for residential
and commercial furnaces and oil heat burners for home or space heating,
water heating or both, from the current limit of 500 parts per million
(ppm) to 15 ppm. This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before December 27,
2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0558 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: Sean Silverman, 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-
5511. Mr. Silverman can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On December 1, 2020, the Allegheny County
Health Department (ACHD) through the Pennsylvania Department of
Environmental Protection (PADEP) submitted a revision to its SIP to
reduce the SIP-approved maximum allowable sulfur content limit for No.
2 and lighter commercial fuel oil from a limit of 500 ppm of sulfur to
15 ppm. The proposed SIP revision continues to allow for the limited
sale of higher sulfur fuel under certain specified circumstances, as
provided for under the current SIP.
I. Background
The revision consists of an amendment to the Pennsylvania SIP to
incorporate a reduction in the SIP-approved maximum allowable sulfur
content limit for No. 2 and lighter commercial fuel oil in Allegheny
County from a limit of 500 ppm of sulfur to 15 ppm.\1\
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\1\ On June 3, 2019, EPA approved a SIP revision incorporating
the maximum allowable sulfur content of No. 2 and lighter fuel oil
at 500 ppm in Allegheny County (84 FR 18738).
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Combustion of sulfur-containing commercial fuel oil releases sulfur
dioxide (SO2) emissions, which contribute to the formation
of regional haze and fine particulate matter (PM2.5), both
of which impact the environment and human health. Regional haze is
pollution produced by sources and activities that emit fine particles
and their precursors which impairs visibility through scattering and
absorption of light. Fine particles may be emitted directly or formed
from emissions of precursors, the most important of which includes
SO2. PM2.5 pollution exposure has been linked to
a variety of health problems. In addition to improving public health
and the environment, decreased emissions of SO2, and
therefore subsequently PM2.5, will contribute to the
attainment or maintenance, or both, of their respective national
ambient air quality standards (NAAQS).
Pennsylvania is a member of the Mid-Atlantic/Northeast Visibility
Union (MANE-VU) Regional Planning Office (RPO), established in 2001, to
assist the Mid-Atlantic and Northeast states in planning and developing
their regional haze SIP revisions. The other MANE-VU states are
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Rhode Island and Vermont. The District of
Columbia, certain Native American tribes in the Region, the EPA, the
United States Fish and Wildlife Service, and the United States Forest
Service are also members of MANE-VU. ACHD revised Article XXI, Sec.
2104.10 and the PADEP is submitting it to EPA as a SIP revision in
response to a 2017 ``MANE-VU Ask'' to pursue adoption of a maximum
allowable sulfur content limit of 15 ppm for No. 2 and lighter
commercial fuel oil statewide for purposes of reducing regional haze
and visibility impairment in Pennsylvania and affected Federal Class I
areas.\2\
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\2\ Areas statutorily designated as mandatory Class I Federal
areas consist of national parks exceeding 6,000 acres, wilderness
areas and national memorial parks exceeding 5,000 acres, and all
international parks that were in existence on August 7, 1977. 42
U.S.C. 7472(a). There are 156 mandatory Class I areas. The list of
areas to which the requirements of the visibility protection program
apply is in 40 CFR part 81, subpart D.
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II. Summary of SIP Revision and EPA Analysis
Through the December 2020 SIP revision submittal, Pennsylvania
seeks to revise its SIP by including amendments to ACHD's Rules and
Regulations in Article XXI, Air Pollution Control, namely, Sec.
2104.10, Commercial Fuel Oil. The amendments to Article XXI, Sec.
2104.10, reduce the SIP-approved maximum allowable sulfur content limit
for No. 2 and lighter commercial fuel oil, generally sold for and used
in residential and commercial furnaces and oil heat burners for home or
space heating, water heating, or both, in Allegheny County from a limit
of 500 ppm of sulfur to 15 ppm. These ACHD amendments to Article XXI,
Sec. 2104.10, became effective on September 1, 2020.
Commercial Fuel that was stored by the ultimate consumer in
Allegheny County prior to the September 1, 2020 effective date may be
used by the ultimate consumer on or after
[[Page 67419]]
September 1, 2020 if it met the applicable maximum allowable sulfur
content through August 31, 2020 at the time it was stored.
This SIP revision to implement low sulfur fuel oil provisions will
reduce regional haze and visibility impairment in Pennsylvania.
Additionally, decreased emissions of SO2 will contribute to
the attainment and maintenance, or both, of the SO2 and
PM2.5 NAAQS in Pennsylvania and the MANE-VU region.
III. Proposed Action
EPA has determined that Pennsylvania's proposed SIP revisions to 40
CFR 52.2020(c)(2), which incorporate amendments made to Article XXI,
Air Pollution Control Sec. 2104.10 will lower the maximum allowable
sulfur content limit in No. 2 fuel oil and lighter combusted or sold in
Allegheny County and aid in reducing SO2 emissions. These
emissions are a cause of regional haze and reducing them will help to
attain or maintain the SO2 and PM2.5 NAAQS. EPA
is proposing to approve the December 1, 2020 Pennsylvania SIP revision
which amends commercial No. 2 fuel oil and lighter sulfur limits for
combustion and sale in Allegheny 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 Pennsylvania's maximum allowable sulfur content in commercial
fuel oil regulation as described in Section II of this document. 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);
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 proposed rule regarding commercial fuel oil
sulfur limits for combustion and sale in Allegheny County 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Regional haze, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 19, 2021.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2021-25738 Filed 11-24-21; 8:45 am]
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