
[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Rules and Regulations]
[Pages 39330-39333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16087]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0241; FRL-9913-26-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Commercial Fuel Oil Sulfur Limits for 
Combustion Units

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. 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 sulfur dioxide 
(SO2) emissions and the formation of sulfates that cause 
decreased visibility. This action is being taken under the Clean Air 
Act (CAA).

DATES: This final rule is effective on July 10, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0241. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
email at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 20, 2014 (79 FR 9701), EPA published a notice of 
proposed rulemaking (NPR) seeking comment on EPA's proposed approval of 
Pennsylvania's SIP revision that incorporates the Commonwealth's low-
sulfur fuel oil provisions into the SIP. The SIP revision was submitted 
by the Commonwealth of Pennsylvania on February 25, 2013, adopting 
revisions to 25 Pennsylvania Code (Pa. Code) Chapters 121, 123, and 
139. In response to the NPR, EPA received one comment, dated March 24, 
2014, from Ms. Jane Kozinski, Assistant Commissioner for the State of 
New Jersey Department of Environmental Protection (NJDEP). A summary of 
the NJDEP comment and EPA's response is provided in Unit III. (Summary 
of Public Comment and EPA Response) of this final rulemaking action.

II. Summary of SIP Revision

    The SIP revision incorporates Pennsylvania's low-sulfur fuel oil 
provisions which apply to the owners and/or operators of the following: 
(1) Refineries; (2) pipelines; (3) terminals; (4) retail outlet fuel 
storage facilities and ultimate consumers; (5) commercial and 
industrial facilities; and (6) facilities with a unit burning regulated 
fuel oil to produce electricity and domestic home heaters. The SIP 
revision implements low-sulfur fuel oil provisions that will reduce the 
amount of sulfur in fuel oils used in combustion units and amends

[[Page 39331]]

associated definitions, sampling and test methods, and recordkeeping 
and recording provisions. The low-sulfur fuel oil provisions will aid 
in reducing SO2 emissions and the formation of sulfates that 
cause decreased visibility. EPA believes that these regulations will 
decrease SO2 emissions in the Commonwealth from certain fuel 
combustion sources and therefore strengthen the Pennsylvania SIP. EPA 
also believes that the additional SO2 emission reductions 
and reductions in sulfates from Pennsylvania sources will assist the 
Commonwealth in achieving further reasonable progress towards reducing 
regional haze.\1\ The rationale for EPA's proposed action is explained 
in the NPR and will not be restated here. Relevant support documents 
for this action are available online at http://www.regulations.gov, 
Docket number EPA-R03-OAR-2013-0241.
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    \1\ EPA originally finalized a limited approval of the 
Pennsylvania regional haze SIP on July 13, 2012. 77 FR 41279. Our 
approval was limited due to Pennsylvania's reliance upon the Clean 
Air Interstate Rule (CAIR) for certain emission requirements for 
electric generating units. In response to a petition for review of 
that final action in the United States Court of Appeals for the 
Third Circuit, EPA successfully moved for a voluntary remand without 
vacatur. On April 30, 2014, EPA reissued its final limited approval 
of the Pennsylvania SIP to implement the Commonwealth's regional 
haze program for the first planning period through 2018. 79 FR 
24340. EPA is approving Pennsylvania's SIP revision to incorporate 
the low-sulfur fuel oil regulations as a SIP strengthening measure 
and not to address any specific regional haze requirements in the 
CAA or in 40 CFR 51.308.
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III. Summary of Public Comment and EPA Response

    Comment: NJDEP commented that Pennsylvania's SIP revision, which 
incorporates low-sulfur fuel oil regulations to reduce the sulfur 
content of distillate fuel oil to 500 parts per million (ppm), is not 
consistent with standards adopted by nearby states, which limit sulfur 
content to 15 ppm. NJDEP stated that a sulfur-content standard of 15 
ppm would be consistent with the standard set in the Mid-Atlantic/
Northeast Visibility Union (MANE-VU)'s agreement on measures to control 
air pollutants that contribute to regional haze. NJDEP expressed 
concern that Pennsylvania's adoption of a higher sulfur-content 
standard of 500 ppm may jeopardize continued progress to improve 
visibility levels at the Brigantine Wilderness Area (Brigantine). NJDEP 
stated that a sulfur-content standard of 15 ppm for distillate fuel oil 
is a reasonable, cost-effective air pollution control measure necessary 
to ensure that the reasonable progress goals (RPGs) at Brigantine are 
met in the future. NJDEP also stated that a lower sulfur-content 
standard of 15 ppm is a reasonable, cost-effective control measure for 
SO2 and fine particulates and ``would make for a more 
widely-marketable fuel across the northeastern and mid-Atlantic United 
States.'' Further, NJDEP stated that in EPA's proposed approval of the 
Pennsylvania regional haze SIP, ``Pennsylvania reports that sulfur 
dioxide emission reductions from the closure of the Portland Power 
[P]lant in northeastern Pennsylvania will offset sulfur dioxide 
emissions expected from a 500 ppm sulfur content in distillate fuel oil 
in Pennsylvania.'' NJDEP commented that, on the contrary, lowering the 
sulfur content in distillate oil to 15 ppm would have a greater impact 
on visibility at Brigantine than reductions at Portland because 
emission reductions would occur over a widespread area from a large 
number of sources, especially from fuel-burning sources in metropolitan 
Philadelphia, which is frequently upwind of Brigantine.
    Response: EPA appreciates NJDEP's comment on the SIP revision and 
acknowledges that Pennsylvania is a member state in MANE-VU. 
Pennsylvania participated fully in the MANE-VU consultation process, 
which resulted in a course of action for all participating states to 
reduce emissions to collectively meet the RPGs in the MANE-VU 
region.\2\ The MANE-VU ``Ask'' provided the MANE-VU states, including 
Pennsylvania, with up to ten years to pursue adoption and 
implementation of reasonable and cost-effective nitrogen oxides 
(NOX) and SO2 emissions reduction measures. In 
its regional haze SIP, Pennsylvania stated that it ``will pursue these 
measures, as appropriate and necessary, and in five years at the time 
of Pennsylvania's first periodic SIP report, expects to report on 
progress toward adoption of these measures by 2018.'' With respect to 
the low-sulfur fuel strategy, the MANE-VU ``Ask'' established two sets 
of goals, one for the ``inner zone'' states of the MANE-VU region 
(Delaware, New Jersey, New York, and Pennsylvania, or portions thereof) 
and one goal for the ``outer zone'' states. The ``inner zone'' goals 
contained more aggressive compliance schedules and sulfur-content 
limits than the ``outer zone'' goals. Nevertheless, states in the 
``inner zone'' could choose to comply with the ``outer zone'' goals if 
they experienced supply disruption issues, and the ``Ask'' effectively 
provided all states until 2018 to complete the implementation of their 
low-sulfur fuel strategies. Consistent with this approach, Pennsylvania 
indicated in its regional haze SIP that, ``[b]ased on supply concerns, 
Pennsylvania will pursue a strategy that will not be less stringent 
than the outer zone strategy and would meet the sulfur content emission 
limits listed above by 2018.''
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    \2\ See ``Statement of the Mid-Atlantic/Northeast Visibility 
Union (MANE-VU) Concerning a Course of Action within MANE-VU toward 
Assuring Reasonable Progress'' (January 20, 2007), also known as the 
MANE-VU ``Ask,'' in Appendix M of the December 20, 2010 Pennsylvania 
regional haze SIP submission available in the docket for EPA's 
rulemaking approving the Pennsylvania regional haze SIP at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2012-0002.
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    On July 13, 2012, EPA finalized a limited approval of the 
Pennsylvania regional haze SIP (77 FR 41279). Subsequently, 
Pennsylvania submitted its February 25, 2013 SIP revision to EPA that 
included low-sulfur fuel regulations that met the ``outer zone'' 
strategy requirements and therefore do not require the sulfur content 
of distillate oil be reduced to 15 ppm.\3\ As EPA explained in detail 
in the technical support document (TSD) \4\ that accompanied our July 
13, 2012 limited approval of the Pennsylvania regional haze SIP, 
Pennsylvania had secured an additional 23,051 tons in SO2 
reductions that were not anticipated at the time of the MANE-VU 
``Ask.'' When these reductions are considered in combination with 
reductions that will result from Pennsylvania's low-sulfur fuel 
regulations, EPA believes that a 15 ppm limit on distillate oil is no 
longer ``appropriate and necessary'' to achieve the goals of the MANE-
VU ``Ask'' during the first planning period ending in 2018. 
Consequently, EPA believes that the Pennsylvania regional haze SIP 
includes all measures necessary to obtain its share of the emission 
reductions needed to meet the RPGs of downwind states including New 
Jersey's and therefore has met the requirements of 40 CFR 
51.308(d)(3)(ii). See 79 FR

[[Page 39332]]

24340 (April 30, 2014) (reissuing limited approval of Pennsylvania's 
regional haze SIP). However, EPA recognizes that a 15 ppm sulfur 
content limit for distillate oil, if subsequently implemented, would 
provide further SO2 emissions reductions from Pennsylvania 
sources and further reasonable progress towards the national goal of 
remedying visibility impairment in Class I areas.
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    \3\ Pennsylvania's low-sulfur fuel oil regulations include a 
compliance date in 2016. The MANE-VU ``Ask'' provided for ``outer 
zone'' states to implement a low-sulfur fuel oil strategy by 2014 
and ``to further reduce the sulfur content of distillate oil to 15 
ppm by 2018, depending on supply availability.'' See Pennsylvania's 
December 20, 2010 regional haze SIP, Appendix M (MANE-VU ``Ask''). 
Pennsylvania cited concerns with desulfurization capacity at 
refineries when publishing its low-sulfur fuel oil regulations with 
the 500 ppm sulfur limit for distillate oil and 2016 compliance 
date. See 43 Pa. B. 806 (February 9, 2013).
    \4\ See ``Technical Support Document (TSD) for the Pennsylvania 
Regional Haze State Implementation Plan--Mid Atlantic and Northeast 
Visibility Union (MANE-VU) `Asks' Reasonable Progress Goals'' 
(January 17, 2012) available in the docket for EPA's rulemaking 
approving the Pennsylvania regional haze SIP at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2012-0002.
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    As EPA explained in the NPR for this rulemaking action, EPA 
believes these regulations strengthen the Pennsylvania SIP and provide 
additional SO2 and sulfate reductions that supplement 
reductions from the Pennsylvania regional haze SIP. Therefore, EPA 
concludes that the adoption of a low-sulfur fuel oil strategy will 
provide Pennsylvania additional emission reductions furthering progress 
towards reducing emissions that contribute to visibility impairment and 
furthering reasonable progress in the first implementation period 
towards RPGs for Class I areas outside the Commonwealth affected by 
emissions from Pennsylvania's sources. While EPA appreciates NJDEP's 
comment that 15 ppm distillate fuel oil is a reasonable, cost-effective 
control measure, EPA has concluded that a 15 ppm limit on distillate 
oil is no longer ``appropriate and necessary'' for Pennsylvania to 
achieve the goals of the MANE-VU ``Ask'' during the first planning 
period ending in 2018.
    While it is possible that a 15 ppm distillate fuel oil standard may 
result in greater visibility improvement at Brigantine than the closure 
of Portland as NJDEP alleges, EPA previously concluded in its TSD 
supporting approval of Pennsylvania's regional haze SIP that 
Pennsylvania's delay in implementing low-sulfur fuel oil regulations 
was not anticipated to interfere with the ability of other states to 
meet their respective RPGs.\5\ Based on our previous approval of 
Pennsylvania's regional haze SIP, and particularly upon our conclusion 
that a 15 ppm limit on distillate oil is no longer ``appropriate and 
necessary'' to achieve the goals of the MANE-VU ``Ask,'' EPA believes 
the approved Pennsylvania regional haze SIP adequately addresses 
visibility impacts from Pennsylvania emission sources on Class I areas 
outside the Commonwealth, including Brigantine, for the first 
implementation period and ensures sufficient emission reductions for 
Class I area states to meet their RPGs. See 77 FR 41279 and 79 FR 
24340. Any significant changes in emissions of visibility-impairing 
pollutants or impacts at Class I areas can be addressed when 
Pennsylvania evaluates its progress made in the first implementation 
period towards RPGs for the Class I areas outside the Commonwealth 
affected by emissions from Pennsylvania's sources as required by 40 CFR 
51.308(g). If Pennsylvania's assessment determines an adjustment to its 
SIP is necessary to ensure reasonable progress, EPA regulations require 
a SIP revision within a year of the five-year progress report. See 40 
CFR 51.308(h)(4).
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    \5\ EPA notes that it was our conclusion in the TSD supporting 
approval of Pennsylvania's regional haze SIP, and not 
Pennsylvania's, that additional SO2 emission reductions 
from Federally enforceable measures at point sources such as the 
Portland Power Plant supported our conclusion that the delay in 
implementing a low-sulfur fuel oil strategy was not anticipated to 
interfere with the ability of other states to meet their respective 
RPGs.
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    Finally, EPA appreciates NJDEP's comment regarding potential 
increased availability and marketability of lower sulfur distillate 
fuel oil if Pennsylvania were to implement a 15 ppm sulfur-content 
standard. However, this comment is not relevant to this rulemaking 
action and no further response is required.

IV. Final Action

    EPA has determined that the revisions made to 25 Pa. Code Chapters 
121, 123, and 139 meet the SIP revision requirements of the CAA and is 
approving the amendments to Pennsylvania's regulations for commercial 
fuel oil sulfur limits for combustion units.

V. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes a determination of attainment based on air 
quality, will result in the suspension of certain Federal requirements 
and/or will not impose any 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 rulemaking action does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the determination 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 September 8, 2014. 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

[[Page 39333]]

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, approving the implementation of low-sulfur fuel oil 
provisions that will reduce the amount of sulfur in fuel oils used in 
combustion units in 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: June 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  52.2020, the paragraph (c)(1) table is amended by revising 
the entries for Title 25, Chapters 121, 123, and 139, Sections 121.1, 
123.22, 139.4, and 139.16 and adding entries for Title 25, Chapter 123, 
Sections 123.22(f) and 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 121--General Provisions
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Section 121.1....................  Definitions.........     02/09/13  07/10/14 [insert      Added and amended
                                                                       Federal Register      definitions.
                                                                       citation].
 
                                                  * * * * * * *
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                                     Chapter 123--Standards for Contaminants
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                                                  * * * * * * *
Section 123.22...................  Combustion units.        02/09/13  07/10/14 [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), and
                                                                                             123.22(e).
 
                                                  * * * * * * *
Section 123.22(f)................  Combustion units--       02/09/13  07/10/14 [insert      New section.
                                    Sampling and                       Federal Register
                                    testing.                           citation].
Section 123.22(g)................  Combustion units--       02/09/13  07/10/14 [insert      New section
                                    Recordkeeping and                  Federal Register
                                    reporting.                         citation].
 
                                                  * * * * * * *
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                                        Chapter 139--Sampling and Testing
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 139.4....................  References..........     02/09/13  07/10/14 [insert      Amended and added
                                                                       Federal Register      references.
                                                                       citation].
 
                                                  * * * * * * *
Section 139.16...................  Sulfur in fuel oil..     02/09/13  07/10/14 [insert      Amended to add cross
                                                                       Federal Register      references.
                                                                       citation].
 
                                                  * * * * * * *
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[FR Doc. 2014-16087 Filed 7-9-14; 8:45 am]
BILLING CODE 6560-50-P


