Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in Allegheny County, 3387-3389 [2019-01901]
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules
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,
amending the definition of VOC in the
Delaware SIP to conform with the
regulatory definition of VOC in 40 CFR
51.100(s), 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019–01883 Filed 2–11–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0513; FRL–9989–
17—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Commercial Fuel Oil
Sulfur Limits for Combustion Units in
Allegheny County
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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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 will implement
low sulfur fuel oil provisions that will
reduce the amount of sulfur in fuel oils
used in combustion units which will aid
in reducing sulfates that cause
decreased visibility. This revision will
strengthen the Pennsylvania SIP. This
action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before March 14, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0513 at https://
www.regulations.gov, or via email to
Spielberger.susan@epa.gov. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, (215) 814–2023, or by email at
trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On May 8, 2018, the Allegheny
County Health Department (ACHD)
through the Pennsylvania Department of
Environmental Protection (PADEP)
submitted a formal revision to the
Pennsylvania SIP. The SIP revision
consists of an amendment to ACHD
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3387
regulations under Article XXI (Air
Pollution Control) which adds sections
to implement the use of low sulfur fuel
oils used in combustion units in
Allegheny County, adding sampling and
testing methods, and amending
associated definitions.
Sulfur dioxide (SO2) emissions
contribute to the formation of fine
particulate matter (PM2.5) and sulfates in
the atmosphere, and subsequently to the
formation of regional haze. Regional
haze is visibility impairing pollution
that scatters and absorbs light. The
pollutants that cause visibility
impairment come from sources and
activities that emit fine particles and
their precursors, SO2, PM2.5, nitrogen
oxides (NOX), and volatile organic
compounds (VOCs).
The May 8, 2018 SIP revision
included revisions to Article XXI to
implement low sulfur fuel oil provisions
in Allegheny County that align with the
state-wide low sulfur fuel oil provisions
in 25 Pa Code Section 123.22 (Section
123.22), which is part of the
Pennsylvania SIP. The SIP revision
seeks to add Sections 2104.10
(Commercial Fuel Oil) and 2107.16
(Sulfur in Fuel Oil) of Article XXI to the
Pennsylvania SIP and amend, within
the SIP, Section 2101.20 (Definitions) of
Article XXI.1
EPA previously approved
amendments to Pennsylvania’s low
sulfur fuel oil regulation in July 2014.
The regulations in 25 Pa Code Section
123.22 specified and established SO2
emission levels and maximum
allowable sulfur contents for certain fuel
oil types by specific air basins through
June 30, 2016, and consistent state-wide
maximum allowable sulfur contents for
certain fuel oil types beginning July 1,
2016. 79 FR 39330 (July 10, 2014). The
July 2014 regulation established
maximum allowable sulfur-content in
fuels prior to June 30, 2016 in all
Pennsylvania air basins except
Allegheny County, Lower Beaver Valley,
and Monongahela Valley. It also
established a statewide maximum
allowable sulfur content in fuel oil,
including Allegheny County, beginning
on July 1, 2016.
II. Summary of SIP Revision and EPA
Analysis
Through the May 2018 SIP revision
submittal, Pennsylvania seeks to add
Sections 2104.10 and 2107.16 of
ACHD’s Article XXI to the Pennsylvania
SIP. Section 2104.10 implements low
sulfur fuel oil provisions that will
reduce the amount of sulfur in fuel oils
1 These revisions became effective within
Allegheny County as of December 8, 2017.
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules
that are offered for sale, delivered for
use, exchanged in trade or permitted to
use in Allegheny County, Pennsylvania.
Section 2104.10(a) establishes
maximum allowable sulfur content for
commercial fuel oil, expressed as parts
per million (ppm) by weight or
percentage by weight, for number 2 and
lighter distillate oil to 0.05 percent
sulfur content by weight (500 ppm),
number 4 residual oil to 0.25 percent
sulfur content by weight (2,500 ppm),
and 0.5 percent sulfur content by weight
(5,000 ppm) for number 5 and number
6 and heavier commercial fuel oils by
no later than July 1, 2016. Commercial
fuel oil stored by the ultimate consumer
in the County prior to the applicable
compliance date may be used after the
applicable compliance date if the fuel
oil met the applicable maximum
allowable sulfur content at the time it
was stored.
The provision in Section 2104.10(a)(2)
of Article XXI allows for a temporary
suspension or increase to the maximum
allowable sulfur content for a
commercial fuel oil according to
provisions set forth in 25 Pa Code
Section 123.22(d)(2)(iii) and (iv). In the
event that compliant fuel is not
reasonably available in the air basin,
and a written waiver request is
appropriately filed, and subsequently
approved by PADEP, a suspension of
these sulfur levels can be granted for the
shortest duration in which adequate
supplies can be made reasonably
available, but for no more than 60 days.
Section 2104.10(c) and (d) of Article
XXI establish sampling, testing,
recordkeeping, and reporting
requirements. Recordkeeping and
reporting requirements in Section
2104.10(d) apply to transferors and
transferees in the manufacture and
distribution chain for commercial fuel
oil from the refinery owner or operator
to the ultimate consumer. If any
transferor accepts a shipment of
commercial fuel oil of a shipment that
lacks the required records specified in
Section 2104.10(d), they are required to
test for sulfur content under Section
2104.10(c)(3).
Definitions for terminology which
relate to reporting and recordkeeping
requirements were added.
Pennsylvania’s May 2018 SIP revision
submittal also seeks to amend Section
2101.20 (Definitions) to add the
following new terms: (1) ‘‘Commercial
fuel oil;’’ (2) ‘‘Noncommercial fuel;’’ (3)
‘‘Transferee;’’ (4) ‘‘Transferor;’’ and (5)
‘‘Ultimate consumer.’’ Additionally, the
revision to Section 2101.20 (Definitions)
of Article XXI seeks to amend the
definition of the following terms to
provide clarity and support the
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18:15 Feb 11, 2019
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amendments to Section 2104.10 and
Section 2107.16: (1) ‘‘Carrier;’’ (2)
‘‘Distributor;’’ (3) ‘‘Retail outlet;’’ and (4)
‘‘Terminal.’’
Section 2107.16 of Article XXI
establishes the sampling methods that
must be used. Refinery owners and
operators who produce commercial fuel
oil intended for use or used in
Allegheny County are required to
sample, test and calculate the actual
sulfur content of each batch of the
commercial fuel oil according to the
methods established in Section 2107.16.
The regulations ACHD seeks to add to
the Pennsylvania SIP require the use of
various American Standards of Testing
Materials (ASTM) methods for the
sampling of petroleum and for the
determination of sulfur content in fuel
oil, including updates and revisions to
those methods. These methods match
those cited in 25 Pa Code Section
123.33(f), which is part of the
Pennsylvania SIP.
Pennsylvania asserts that lowering the
maximum allowable sulfur content in
commercial fuel oils combusted or sold
in Allegheny County will aid in
reducing SO2 emissions that are a cause
of regional haze. EPA proposes to
approve these regulations to strengthen
Pennsylvania’s SIP.
III. Proposed Action
EPA has determined that the revisions
made to Article XXI of ACHD’s rules
and regulations, Sections 2101.20,
2104.10 and 2107.16, meet the
requirements of the CAA and is
proposing to approve the amendments
to ACHD’s regulations for commercial
fuel oil sulfur limits for combustion
units into the Pennsylvania SIP. 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
ACHD’s maximum allowable sulfur
content regulation. 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).
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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 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);
• 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 SIP revision for
commercial fuel oil sulfur limits for
combustion units in Allegheny County,
Pennsylvania, does not have tribal
E:\FR\FM\12FEP1.SGM
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules
implications as specified in Executive
Order 13175, 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. Thus, Executive Order 13175
does not apply to this action.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 27, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019–01901 Filed 2–11–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2018–0723; FRL–9988–
63—Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Wyoming; Interstate Transport for the
2008 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing action on a
submission from the State of Wyoming
that is intended to demonstrate that the
Wyoming State Implementation Plan
(SIP) meets certain interstate transport
requirements of the Clean Air Act (Act
or CAA) for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). This submission addresses
interstate transport ‘‘prong 2,’’ which
requires each state’s SIP to prohibit
emissions which will interfere with
maintenance of the NAAQS in other
states. The EPA is proposing to approve
this submittal as meeting the
requirement that Wyoming’s SIP contain
adequate provisions to prohibit
emissions in amounts which will
interfere with maintenance of the 2008
ozone NAAQS in any other state.
DATES: Written comments must be
received on or before March 14, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2018–0723, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
SUMMARY:
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18:15 Feb 11, 2019
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instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The 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. The 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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at
all possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, EPA, Region
8, Mailcode 8P–AR, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
On March 12, 2008, the EPA revised
the levels of the primary and secondary
8-hour ozone NAAQS to 0.075 parts per
million (ppm). 73 FR 16436 (Mar. 27,
2008). The 2008 ozone NAAQS are met
at an ambient air quality monitoring site
when the 3-year average of the annual
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3389
fourth-highest daily maximum 8-hour
average ozone concentration is less than
or equal to the NAAQS, as determined
in accordance with Appendix P to 40
CFR part 50. Under Appendix P, digits
to the right of the third decimal place
are truncated.
Section 110(a)(1) of the CAA requires
states to submit, within 3 years after
promulgation of a new or revised
NAAQS, SIPs meeting the applicable
‘‘infrastructure’’ elements of sections
110(a)(1) and (2). One of these
applicable infrastructure elements, CAA
section 110(a)(2)(D)(i), requires SIPs to
address the ‘‘good neighbor’’ provision
which requires states to prohibit certain
adverse air quality effects on other states
due to interstate transport of pollution.
A. The EPA’s Interpretation and
Implementation of the Good Neighbor
Provision
Specifically, section 110(a)(2)(D)(i)(I)
requires SIPs to contain adequate
provisions prohibiting any source or
other type of emissions activity in one
state from emitting any air pollutant in
amounts that will contribute
significantly to nonattainment, or
interfere with maintenance, of the
NAAQS in any other state. The two
provisions of this section are referred to
as prong 1 (significant contribution to
nonattainment) and prong 2 (interfere
with maintenance). Section
110(a)(2)(D)(i)(II) requires SIPs to
contain adequate provisions to prohibit
emissions that will interfere with
measures required to be included in the
applicable implementation plan for any
other state under part C to prevent
significant deterioration of air quality
(prong 3) or to protect visibility (prong
4).
The EPA has established a four-step
interstate transport framework to
address the prong 1 and 2 requirements
for ozone and fine particulate matter
(PM2.5) NAAQS through the
development and implementation of
several previous rulemakings.1 The four
steps of this framework are as follows:
(1) Identify downwind air quality
problems; (2) identify upwind states
that impact those downwind air quality
problems enough to warrant further
review and analysis; (3) identify the
emissions reductions, if any, necessary
to prevent an identified upwind state
1 See, e.g., Finding of Significant Contribution
and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of
Reducing Regional Transport of Ozone (also known
as the NOx SIP Call). 63 FR 57356 (October 27,
1998); Clean Air Interstate Rule (CAIR) Final Rule.
70 FR 25162 (May 12, 2005); Cross-State Air
Pollution Rule (CSAPR) Final Rule. 76 FR 48208
(August 8, 2011); CSAPR Update. 81 FR 74504
(October 26, 2016).
E:\FR\FM\12FEP1.SGM
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Agencies
[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3387-3389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01901]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0513; FRL-9989-17--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in
Allegheny County
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. The revision updates Allegheny County's
portion of the Pennsylvania SIP, which includes regulations concerning
sulfur content in fuel oil. This revision will implement low sulfur
fuel oil provisions that will reduce the amount of sulfur in fuel oils
used in combustion units which will aid in reducing sulfates that cause
decreased visibility. This revision will strengthen the Pennsylvania
SIP. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 14, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0513 at https://www.regulations.gov, or via email to
Spielberger.susan@epa.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023, or by
email at trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 8, 2018, the Allegheny County Health Department (ACHD)
through the Pennsylvania Department of Environmental Protection (PADEP)
submitted a formal revision to the Pennsylvania SIP. The SIP revision
consists of an amendment to ACHD regulations under Article XXI (Air
Pollution Control) which adds sections to implement the use of low
sulfur fuel oils used in combustion units in Allegheny County, adding
sampling and testing methods, and amending associated definitions.
Sulfur dioxide (SO2) emissions contribute to the
formation of fine particulate matter (PM2.5) and sulfates in
the atmosphere, and subsequently to the formation of regional haze.
Regional haze is visibility impairing pollution that scatters and
absorbs light. The pollutants that cause visibility impairment come
from sources and activities that emit fine particles and their
precursors, SO2, PM2.5, nitrogen oxides
(NOX), and volatile organic compounds (VOCs).
The May 8, 2018 SIP revision included revisions to Article XXI to
implement low sulfur fuel oil provisions in Allegheny County that align
with the state-wide low sulfur fuel oil provisions in 25 Pa Code
Section 123.22 (Section 123.22), which is part of the Pennsylvania SIP.
The SIP revision seeks to add Sections 2104.10 (Commercial Fuel Oil)
and 2107.16 (Sulfur in Fuel Oil) of Article XXI to the Pennsylvania SIP
and amend, within the SIP, Section 2101.20 (Definitions) of Article
XXI.\1\
---------------------------------------------------------------------------
\1\ These revisions became effective within Allegheny County as
of December 8, 2017.
---------------------------------------------------------------------------
EPA previously approved amendments to Pennsylvania's low sulfur
fuel oil regulation in July 2014. The regulations in 25 Pa Code Section
123.22 specified and established SO2 emission levels and
maximum allowable sulfur contents for certain fuel oil types by
specific air basins through June 30, 2016, and consistent state-wide
maximum allowable sulfur contents for certain fuel oil types beginning
July 1, 2016. 79 FR 39330 (July 10, 2014). The July 2014 regulation
established maximum allowable sulfur-content in fuels prior to June 30,
2016 in all Pennsylvania air basins except Allegheny County, Lower
Beaver Valley, and Monongahela Valley. It also established a statewide
maximum allowable sulfur content in fuel oil, including Allegheny
County, beginning on July 1, 2016.
II. Summary of SIP Revision and EPA Analysis
Through the May 2018 SIP revision submittal, Pennsylvania seeks to
add Sections 2104.10 and 2107.16 of ACHD's Article XXI to the
Pennsylvania SIP. Section 2104.10 implements low sulfur fuel oil
provisions that will reduce the amount of sulfur in fuel oils
[[Page 3388]]
that are offered for sale, delivered for use, exchanged in trade or
permitted to use in Allegheny County, Pennsylvania. Section 2104.10(a)
establishes maximum allowable sulfur content for commercial fuel oil,
expressed as parts per million (ppm) by weight or percentage by weight,
for number 2 and lighter distillate oil to 0.05 percent sulfur content
by weight (500 ppm), number 4 residual oil to 0.25 percent sulfur
content by weight (2,500 ppm), and 0.5 percent sulfur content by weight
(5,000 ppm) for number 5 and number 6 and heavier commercial fuel oils
by no later than July 1, 2016. Commercial fuel oil stored by the
ultimate consumer in the County prior to the applicable compliance date
may be used after the applicable compliance date if the fuel oil met
the applicable maximum allowable sulfur content at the time it was
stored.
The provision in Section 2104.10(a)(2) of Article XXI allows for a
temporary suspension or increase to the maximum allowable sulfur
content for a commercial fuel oil according to provisions set forth in
25 Pa Code Section 123.22(d)(2)(iii) and (iv). In the event that
compliant fuel is not reasonably available in the air basin, and a
written waiver request is appropriately filed, and subsequently
approved by PADEP, a suspension of these sulfur levels can be granted
for the shortest duration in which adequate supplies can be made
reasonably available, but for no more than 60 days.
Section 2104.10(c) and (d) of Article XXI establish sampling,
testing, recordkeeping, and reporting requirements. Recordkeeping and
reporting requirements in Section 2104.10(d) apply to transferors and
transferees in the manufacture and distribution chain for commercial
fuel oil from the refinery owner or operator to the ultimate consumer.
If any transferor accepts a shipment of commercial fuel oil of a
shipment that lacks the required records specified in Section
2104.10(d), they are required to test for sulfur content under Section
2104.10(c)(3).
Definitions for terminology which relate to reporting and
recordkeeping requirements were added. Pennsylvania's May 2018 SIP
revision submittal also seeks to amend Section 2101.20 (Definitions) to
add the following new terms: (1) ``Commercial fuel oil;'' (2)
``Noncommercial fuel;'' (3) ``Transferee;'' (4) ``Transferor;'' and (5)
``Ultimate consumer.'' Additionally, the revision to Section 2101.20
(Definitions) of Article XXI seeks to amend the definition of the
following terms to provide clarity and support the amendments to
Section 2104.10 and Section 2107.16: (1) ``Carrier;'' (2)
``Distributor;'' (3) ``Retail outlet;'' and (4) ``Terminal.''
Section 2107.16 of Article XXI establishes the sampling methods
that must be used. Refinery owners and operators who produce commercial
fuel oil intended for use or used in Allegheny County are required to
sample, test and calculate the actual sulfur content of each batch of
the commercial fuel oil according to the methods established in Section
2107.16. The regulations ACHD seeks to add to the Pennsylvania SIP
require the use of various American Standards of Testing Materials
(ASTM) methods for the sampling of petroleum and for the determination
of sulfur content in fuel oil, including updates and revisions to those
methods. These methods match those cited in 25 Pa Code Section
123.33(f), which is part of the Pennsylvania SIP.
Pennsylvania asserts that lowering the maximum allowable sulfur
content in commercial fuel oils combusted or sold in Allegheny County
will aid in reducing SO2 emissions that are a cause of
regional haze. EPA proposes to approve these regulations to strengthen
Pennsylvania's SIP.
III. Proposed Action
EPA has determined that the revisions made to Article XXI of ACHD's
rules and regulations, Sections 2101.20, 2104.10 and 2107.16, meet the
requirements of the CAA and is proposing to approve the amendments to
ACHD's regulations for commercial fuel oil sulfur limits for combustion
units into the Pennsylvania SIP. 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 ACHD's maximum allowable sulfur content regulation. 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).
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);
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 SIP revision for commercial fuel oil sulfur
limits for combustion units in Allegheny County, Pennsylvania, does not
have tribal
[[Page 3389]]
implications as specified in Executive Order 13175, 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. Thus, Executive Order 13175 does not
apply to this action.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 27, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-01901 Filed 2-11-19; 8:45 am]
BILLING CODE 6560-50-P