Proposed Rule2021-27101
Air Plan Approval; Pennsylvania; Revision of the Maximum Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel Oil
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 15, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. 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).
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 238 (Wednesday, December 15, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Proposed Rules]
[Pages 71213-71214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27101]
[[Page 71213]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0482; FRL-9223-02-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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. 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 January 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0482 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#72151d00161d1c5c1f1b1917321702135c151d04"><span class="__cf_email__" data-cfemail="10777f62747f7e3e7d797b75507560713e777f66">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
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 215-814-2030.
Ms. Moser can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#f69b99859384d89b979a9a99848fb6938697d8919980"><span class="__cf_email__" data-cfemail="3c51534f594e12515d5050534e457c594c5d125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 4, 2020, 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, generally sold for and
used in residential and commercial furnaces and oil heat burners for
home or space heating, water heating, or both, in the Pennsylvania 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 the
Commonwealth from a limit of 500 ppm of sulfur to 15 ppm.\1\
---------------------------------------------------------------------------
\1\ On July 10, 2014, EPA approved a SIP revision incorporating
the maximum allowable sulfur content of No. 2 and lighter fuel oil
at 500 ppm (79 FR 39330).
---------------------------------------------------------------------------
Combustion of sulfur-containing commercial fuel oil releases sulfur
dioxide (SO<INF>2</INF>) emissions, which contribute to the formation
of regional haze and fine particulate matter (PM<INF>2.5</INF>), 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
SO<INF>2</INF>. PM<INF>2.5</INF> particle pollution exposure has been
linked to a variety of health problems. In addition to improving public
health and the environment, decreased emissions of SO<INF>2</INF>, and
therefore subsequently PM<INF>2.5</INF>, 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. PADEP revised 25 Pennsylvania.
Code 123.22 and 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
Through the September 2020 SIP revision submittal, Pennsylvania
seeks to revise its SIP by including amendments to 25 Pa. Code Chapter
123 Sec. 22 which set the maximum allowable sulfur content limit for
various fuel types. 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. These amendments to 25 Pa. 123.22, became effective
on September 1, 2020.
In addition to establishing a lower maximum allowable sulfur
content limit for No. 2 fuel oil, the PADEP regulation provides for the
continued use of fuel at the previous, higher level of 500 ppm sulfur
under limited conditions. In order for fuel at the older, higher levels
to be used it must be commercial fuel that was stored in Pennsylvania
by the ultimate consumer prior to September 1, 2020, which met the
applicable maximum allowable sulfur content through August 31, 2020 at
the time it
[[Page 71214]]
was stored. Additionally, the amendments remove the phrase ``Beginning
July 1, 2016'' from 25 Pa. Code 123.22(a)(2)(iii), which is the section
that allows for the temporary suspension of the sulfur limit in fuel
oil under specific circumstances. This regulation will therefore allow
for the continued temporary sale of fuel with higher sulfur levels in
accordance with the provisions approved by EPA in the current
Pennsylvania SIP. Because the substance of the current approved SIP
will not be changed with respect to these temporary suspension
provisions, EPA is only taking comment on PADEP's revision that deletes
the phrase ``Beginning July 1, 2016'' with respect to these provisions.
This proposed SIP revision to implement low sulfur fuel oil
provisions is expected to reduce regional haze and visibility
impairment in Pennsylvania. Additionally, decreased emissions of
SO<INF>2</INF> will contribute to the attainment, maintenance, or both,
of the SO<INF>2</INF> and PM<INF>2.5</INF> 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)(1), which incorporate amendments made to 25 Pa. Code
Chapter 123.22 will lower the maximum allowable sulfur content limit in
No. 2 fuel oil and lighter combusted or sold in Pennsylvania and aid in
reducing SO<INF>2</INF> emissions. These emissions are a cause of
regional haze and reducing them will help to attain the SO<INF>2</INF>
and PM<INF>2.5</INF> NAAQS. EPA is proposing to approve the September
4, 2020 Pennsylvania SIP revision which amends commercial No. 2 fuel
oil and lighter sulfur limits for combustion and sale in Pennsylvania.
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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 the Commonwealth of
Pennsylvania, 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.
Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-27101 Filed 12-14-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.