Proposed Rule2022-01808
Air Plan Approval; Delaware; Revision of Regulation for Sulfur Content of 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
January 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Delaware. This revision pertains to the reduction of the maximum allowable sulfur content limit for distillate fuels, from a current limit of 3,000 parts per million (ppm) (0.3% by weight) to 15 ppm (0.0015% by weight) and residential fuels from a current limit of 1.0% by weight to 0.5% by weight. This revision also adds requirements for sampling and testing along with certification and recordkeeping. Additionally, start up, shut down and malfunction provisions that were previously included in the Delaware SIP have been removed in this revision. EPA is proposing to determine that such removal corrects a deficiency identified in the June 12, 2015, SIP call issued to Delaware. This action is being taken under the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Proposed Rules]
[Pages 4528-4530]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01808]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0204; FRL-9440-01-R3]
Air Plan Approval; Delaware; Revision of Regulation for Sulfur
Content of 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
State of Delaware. This revision pertains to the reduction of the
maximum allowable sulfur content limit for distillate fuels, from a
current limit of 3,000 parts per million (ppm) (0.3% by weight) to 15
ppm (0.0015% by weight) and residential fuels from a current limit of
1.0% by weight to 0.5% by weight. This revision also adds requirements
for sampling and testing along with certification and recordkeeping.
Additionally, start up, shut down and malfunction provisions that were
previously included in the Delaware SIP have been removed in this
revision. EPA is proposing to determine that such removal corrects a
deficiency identified in the June 12, 2015, SIP call issued to
Delaware. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 28,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2014-0204 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#86e1e9f4e2e9e8a8ebefede3c6e3f6e7a8e1e9f0"><span class="__cf_email__" data-cfemail="3a5d55485e5554145753515f7a5f4a5b145d554c">[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#d4b9bba7b1a6fab9b5b8b8bba6ad94b1a4b5fab3bba2"><span class="__cf_email__" data-cfemail="127f7d6177603c7f737e7e7d606b527762733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 10, 2013, the Delaware Department of
Natural Resources and Environmental Control (DNREC) submitted a
revision to the Delaware SIP which comprises revisions to Title 7 of
Delaware's Administrative Code (7 DE Admin. Code) 1108--Sulfur Dioxide
Emissions from Fuel Burning Equipment. The revision to 7 DE Admin. Code
1108 will reduce the amount of sulfur in fuel oils used in fuel burning
units.\1\ The revised regulation also establishes the date of
compliance and adds necessary record keeping and recording provisions
to ensure compliance with the regulation. The revision removes start
up, shut down and malfunction provisions that were previously included
in the Delaware SIP. On August 19, 2016, EPA received a supplemental
letter from DNREC withdrawing a portion of Section 3.0 of 7 DE Admin.
Code 1108 from the July 10, 2013, SIP submittal subject to EPA's
review. The portion removed from the 2013 submittal is the last
sentence of Section 3.0 which states, ``In order to employ an emission
control rather than sulfur content limits as a means of complying with
this Regulation, an owner or operator of fuel burning equipment must
demonstrate to the Department in advance that the equivalent emission
will be achieved.'' This provision will be retained as a State
enforceable only requirement.\2\ Delaware's August 19, 2016, letter is
available in the docket for this
[[Page 4529]]
rulemaking and online at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------
\1\ A ``fuel burning unit'' is defined as ``each unit, or any
combination of units discharging to a common stack used for the
burning of fuel or other combustible material for the primary
purpose of utilizing the thermal energy released.'' This definition
is included in the Delaware SIP at 40 CFR 52.420(c).
\2\ Although this provision remains in the underlying Delaware
regulations, because Delaware withdrew this provision from its SIP
revision, it is not and will not be incorporated into the Delaware
SIP. Consequently, EPA would not recognize any alternate emissions
control approved by Delaware pursuant to this provision as a means
of complying with the federally approved SIP.
---------------------------------------------------------------------------
I. Background
The revision consists of an amendment to the Delaware SIP to reduce
the maximum allowable sulfur content limit for distillate and
residential fuels. If the SIP revision were approved, the sulfur
content limit for distillate fuel would be lowered to 15 ppm by weight.
The sulfur content limit for a residential fuel would be lowered to
0.5% by weight. For any other fuel, the sulfur content would remain
1.0% by weight. The combustion of sulfur-containing 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>), all of which impact the environment and human
health. Regional haze impairs visibility through scattering and
absorption of light. PM<INF>2.5</INF> 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> will
contribute to the attainment or maintenance, or both, of the
SO<INF>2</INF> and PM<INF>2.5</INF> national ambient air quality
standards (NAAQS).
In addition, the July 10, 2013, SIP submission partially responds
to a SIP call issued by EPA to address startup, shutdown and
malfunction (SSM) events which are contrary to the CAA and existing EPA
guidance.\3\ On June 12, 2015, pursuant to CAA section 110(k)(5), EPA
finalized an action (2015 SSM SIP Action) that clarified, restated, and
updated EPA's interpretation that SSM exemption and affirmative defense
SIP provisions are inconsistent with CAA requirements. In the 2015 SSM
SIP Action, EPA also issued a finding that certain SIP provisions in 36
states (applicable in 45 statewide and local jurisdictions) are
substantially inadequate to meet CAA requirements and thus issued a
``SIP call'' for each of the identified SIP provisions. 80 FR 33840.
See also 78 FR 12460 (February 22, 2013) (proposed finding for SIP
call). Delaware was among the 36 states that received a 2015 SIP call.
EPA established a due date, November 22, 2016, for states subject to
the SIP call to submit corrective SIP revisions.
---------------------------------------------------------------------------
\3\ After issuing a statement in 2020 to change aspects of the
policy articulated in the 2015 SSM SIP Action, EPA in 2021
reinstated and reaffirmed the 2015 policy (see September 30, 2021,
memorandum ``Withdrawal of the October 9, 2020, Memorandum
Addressing Startup, Shutdown, and Malfunctions in State
Implementation Plans and Implementation of the Prior Policy,'' from
Janet McCabe, Deputy Administrator). Neither the 2020 nor 2021
guidance memoranda affected the SSM SIP call for Delaware, and, as
stated in the McCabe memorandum, EPA intends to implement the 2015
SSM SIP Action, including taking this action on the SIP submittal in
partial response to the 2015 SIP call.
---------------------------------------------------------------------------
Several provisions in the Delaware SIP were identified in the 2015
SIP call as substantially inadequate to meet CAA requirements. This
included 7 DE Admin. Code 1108, Section 1.2 (Sulfur Dioxide Emissions
from Fuel Burning Equipment), which stated that ``[t]he provisions of
this regulation shall not apply to the start-up and shutdown of
equipment which operates continuously or in an extended steady state
when emissions from such equipment during start-up and shutdown are
governed by an operation permit issued pursuant to the provisions of
2.0 of 7 DE Admin. Code 1102.'' This SIP submission from Delaware that
is the subject of this action contains a revised version of 7 DE Admin.
Code 1108 to delete the language identified in the 2015 SSM SIP call
formerly at Section 1.2. That language provided impermissible
exemptions from the low sulfur fuel oil provisions where sources
obtained permits from Delaware.
II. Summary of SIP Revision and EPA Analysis
This SIP revision amends 7 DE Admin. Code 1108 sections 1.0 through
3.0 and adds sections 4.0 and 5.0. The amendments to section 1.0
(General provisions) remove language related to the start-up and
shutdown of equipment and provide clarity to existing language
pertaining to the fact that catalyst regeneration only applies to
catalyst regeneration in fluid catalytic cracking operations.
The amendments to section 2.0 (Limit on Sulfur Content of Fuel):
(1) Remove language related to oil sampling methods and sulfur
concentrations of residual and distillate fuels; (2) establish a
compliance date of July 1, 2016, such that no person shall offer for
sale, sell, deliver, or purchase any fuel having a sulfur content
greater than the applicable limits established within the regulations,
when such fuel is intended for use in any fuel burning equipment; (3)
lower sulfur content in residual fuel from 1% by weight to 0.5% by
weight; (4) lower sulfur content in distillate fuel from 3,000 ppm to
15 ppm; and (5) establish a transitional period through June 30, 2017,
for distillate fuel stored, offered for sale, sold, delivered,
purchased, and used in Delaware prior to July 1, 2016, having a sulfur
content greater than the limits specified within this regulation.\4\
---------------------------------------------------------------------------
\4\ These provisions address the Mid-Atlantic/Northeast
Visibility Union (MANE-VU) regional haze strategy. See 79 FR 25506.
---------------------------------------------------------------------------
The amendments to section 3.0 (Emission Control in Lieu of Sulfur
Content Limits of 2.0 of This Regulation) remove language and add
clarifying language related to any fuel burning equipment employing
emission controls of SO<INF>2</INF> such that fuel burning equipment
with controls achieving equal or better reductions are not subject to
fuel sulfur limits.
Section 4.0 (Sampling and Testing Methods and Requirements): (1)
Establishes sampling and testing requirements for oil samples using
standard American Society for Testing and Materials (ASTM) methods ASTM
D4057-06; (2) establishes sampling and testing requirements for sulfur
concentrations of residual and distillate fuels using the standard ASTM
method D2622-10; and (3) allows the use of any alternative method found
in 40 Code of Federal Regulations (CFR) 80.580 and/or approved by EPA
and DNREC, to provide flexibility.
Section 5.0 (Recordkeeping and Reporting) establishes certification
and recordkeeping requirements for any person subjected to limits on
sulfur content of fuel, when selling or delivering any fuel oil to be
used in Delaware.
In addition, this SIP revision removes section 1.2, which EPA
determined in its June 12, 2015, SSM SIP Action to be substantially
inadequate to meet CAA requirements and, therefore, SIP called pursuant
to CAA section 110(k)(5). The provision was one of several that were
identified as inadequate from the Delaware SIP because they
impermissibly provide exemptions from otherwise applicable emissions
limitations during periods of startup and shutdown.\5\
---------------------------------------------------------------------------
\5\ The Delaware specific portion of the 2015 SIP Call can be
found at 80 FR 33960 (June 12, 2015).
---------------------------------------------------------------------------
This proposed SIP revision to implement low sulfur fuel oil
provisions is expected to reduce regional haze and visibility
impairment in Delaware. 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 Delaware and the
surrounding areas.
III. Proposed Action
Delaware's SIP revision, which incorporate amendments made to 7 DE
Admin. Code 1108, will lower the maximum allowable sulfur content limit
combusted or sold in Delaware and aid in reducing SO<INF>2</INF>
emissions. These emissions are a cause of regional haze and reducing
them will help Delaware and the surroundings areas to attain and
maintain the SO<INF>2</INF> and PM<INF>2.5</INF> NAAQS.
[[Page 4530]]
EPA has determined that this SIP revision meets the requirements of the
CAA. Therefore, EPA is proposing to approve the July 10, 2013, SIP
revision which sets sulfur limits for combustion and sale in Delaware,
as amended by Delaware on August 19, 2016. EPA is soliciting public
comment on the issues discussed in this document. These comments will
be considered before taking final action.
In addition, based on Delaware's removal of the language in section
1.2, which EPA identified in the 2015 SSM SIP Action as an
impermissible SSM exemption provision, EPA proposes to find that this
SIP revision adequately addresses the specific deficiency that EPA
identified in the 2015 SSM SIP Action with respect to section 1.2 of
the Delaware SIP. If EPA were to finalize approval of the SIP revision
and finalize the finding that this SIP revision adequately addresses
the SIP call, the SIP call for section 1.2 of the Delaware SIP would be
resolved. The remaining portions of the SIP call issued to Delaware in
2015 would remain in effect pending future EPA 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 of the state
rules being approved. In accordance with requirements of 1 CFR 51.5,
EPA is thus proposing to incorporate by reference Delaware's Sulfur
Dioxide Emissions from Fuel Burning Equipment requirements as described
in 7 DE Admin. Code 1108, not including the last sentence of section
3.0, which Delaware withdrew from this SIP revision. 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 fuel oil sulfur limits
for combustion and sale in the State of Delaware, 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: January 13, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-01808 Filed 1-27-22; 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 January 28, 2022.
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.