[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Rules and Regulations]
[Pages 12404-12406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0482; FRL-9596-02-R3]


Air Plan Approval; Pennsylvania; Revision of the Maximum 
Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel 
Oil

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. The 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. 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 April 4, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0482. 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: Mallory Moser, 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-
215-814-2030. Ms. Moser can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 15, 2021 (86 FR 71213), EPA published a notice of 
proposed rulemaking (NPRM) that proposed approval of a SIP revision 
that incorporates the Commonwealth's updated low-sulfur fuel oil 
provisions into the Pennsylvania SIP. The SIP revision was submitted by 
Pennsylvania on September 4, 2020, requesting that EPA incorporate the 
Pennsylvania Department of Environmental Protection's (PADEP's) 
revisions to 25 Pennsylvania Code (Pa. Code) Chapters 123 Section 22 
into the Pennsylvania SIP. In response to the NPRM, EPA received one 
comment supporting the proposed action which can be found in the 
docket. EPA received no adverse comments.

II. Summary of SIP Revision and EPA Analysis

    The SIP revision incorporates amendments to 25 Pa. Code Chapter 123 
section 22 which set the maximum allowable sulfur content limit for 
various fuel types into the Pennsylvania SIP. The amendments to 25 Pa. 
Code Chapter 123.22, 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, from a limit 
of 500 ppm of sulfur to 15 ppm. The amendments to 25 Pa. 123.22, became 
effective on September 1, 2020.
    The low-sulfur fuel oil provisions will aid in reducing regional 
haze and visibility impairment in Pennsylvania. Additionally, decreased 
emissions of sulfur dioxide (SO2) will contribute to the 
attainment, maintenance, or both, of the SO2 and fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS) in Pennsylvania and surrounding areas. Other specific 
requirements of the SIP revision and the rationale for EPA's proposed 
action are explained in the NPRM and will not be restated here. 
Relevant support documents for this action are available online at 
https://www.regulations.gov, Docket number EPA-R03-OAR-2021-0482.

III. EPA's Response to Comments Received

    EPA received one comment, from the State of New Jersey, supporting 
our proposed action in the December 15, 2021, NPRM. The comment 
received is in the docket for this rulemaking action. We received no 
adverse comments.

IV. Final Action

    EPA is approving, as a SIP revision, the Commonwealth of 
Pennsylvania's September 4, 2020, submittal revising the maximum 
allowable sulfur content limit for No. 2 and lighter commercial fuel 
oil.

V. 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 
Pennsylvania's maximum allowable sulfur content limit for No. 2 and 
lighter commercial fuel oil regulation described in 25 Pa. Code Chapter 
123. 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\
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    \1\ 62 FR 27968 (May 22, 1997).

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[[Page 12405]]

VI. 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, 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 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 May 3, 2022. 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 pertains to commercial fuel oil sulfur 
limits for combustion and sale in the Commonwealth of Pennsylvania, 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, Particulate matter, Regional Haze, Sulfur oxides.

    Dated: February 23, 2022.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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)(1) is amended by 
revising the entry for ``Section 123.22(a)'', the second entry for 
``123.22(b)'', the second entry for ``123.22(c)'', the second entry for 
``123.22(d)'', the second entry for ``123.22(e)'', and entries 
``Section 123.22(f)'' and ``Section 123.22(g)'' to read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                            State                                 Additional
         State citation              Title/subject        effective      EPA approval date    explanation/ Sec.
                                                            date                               52.2063 citation
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                                       Title 25--Environmental Protection
                                           Article III--Air Resources
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                                     Chapter 123--Standards for Contaminants
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                                            Sulfur Compound Emissions
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[[Page 12406]]

 
                                                  * * * * * * *
Section 123.22(a)..............  Combustion units.           07/25/20  3/4/22, [INSERT       Amended sections
                                  [General                              FEDERAL REGISTER      123.22(a)
                                  provisions--air                       CITATION].            123.22(b),
                                  basins and non-air                                          123.22(c),
                                  basins].                                                    123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
 
                                                  * * * * * * *
123.22(b)......................  Combustion units--          07/25/20  3/4/22, [INSERT       Amended sections
                                  Erie Air Basin.                       FEDERAL REGISTER      123.22(a)
                                                                        CITATION].            123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
 
                                                  * * * * * * *
123.22(c)......................  Combustion units--          07/25/20  3/4/22, [INSERT       Amended sections
                                  Upper Beaver Valley                   FEDERAL REGISTER      123.22(a)
                                  Air Basin.                            CITATION].            123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
 
                                                  * * * * * * *
123.22(d)......................  Combustion units--          07/25/20  3/4/22 , [INSERT      Amended sections
                                  Lower Beaver Valley                   FEDERAL REGISTER      123.22(a)
                                  Air Basin.                            CITATION].            123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
 
                                                  * * * * * * *
123.22(e)......................  Combustion units--          07/25/20  3/4/22, [INSERT       Amended sections
                                  Southeast PA Air                      FEDERAL REGISTER      123.22(a)
                                  Basin.                                CITATION].            123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
Section 123.22(f)..............  Combustion units--          07/25/20  3/4/22, [INSERT       Amended sections
                                  Sampling and                          FEDERAL REGISTER      123.22(a)
                                  testing.                              CITATION].            123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
Section 123.22(g)..............  Combustion units--          07/25/20  3/4/22, [INSERT       Amended sections
                                  Recordkeeping and                     FEDERAL REGISTER      123.22(a)
                                  reporting.                            CITATION].            123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d),
                                                                                              123.22(e),
                                                                                              123.22(f), and
                                                                                              123.22(g).
                                                                                              Previous approval
                                                                                              July 10, 2014.
 
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[FR Doc. 2022-04361 Filed 3-3-22; 8:45 am]
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