
[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Proposed Rules]
[Pages 9991-9993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04769]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0722; FRL-9990-85-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 Philadelphia 
County's portion of the Pennsylvania SIP, which includes regulations 
concerning sulfur content in fuel oil. This revision will implement 
lower sulfur fuel oil provisions in the Philadelphia County that will 
reduce the amount of sulfur in commercial 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 April 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0722 at http://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 http://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 June 21, 2018, the City of Philadelphia, Air Management Services 
(AMS) through the Pennsylvania Department of Environmental Protection 
(PADEP) submitted a formal revision to the Pennsylvania SIP. The SIP 
revision consists of an amendment to 40 CFR 52.2020(c)(3), the 
Philadelphia County portion of the SIP \1\, in order to implement 
provisions for lower sulfur levels in commercial fuel oil in 
Philadelphia County.
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    \1\ The Pennsylvania SIP is set forth at 40 CFR 52.2020(c), with 
the Philadelphia portion of the Pennsylvania SIP located at 40 CFR 
52.2020(c)(3).
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    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 June 21, 2018 SIP revision consists of amendments to the 
Philadelphia County portion of the Pennsylvania SIP regarding 
provisions for lower sulfur levels in fuel oil in Philadelphia that are 
more stringent than the state-wide SIP-approved provisions.\2\ Since 
1972, the Pennsylvania SIP has contained provisions limiting the amount 
of sulfur allowable in fuel oils in Philadelphia County. In recent 
years, amendments were made to Title 3 of the Philadelphia Code, the 
Air Management Code (AMC) and to Air Management Regulation (AMR) III, 
to lower the maximum allowable level of sulfur in number 2 and lighter 
fuel oils, to impose more stringent levels on number 4 commercial fuel 
oils, and to add exemption provisions relating to commercial fuel 
oil.\3\
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    \2\ The regulations in 25 Pa Code Section 123.22 established 
statewide maximum allowable sulfur contents for certain fuel oil 
types beginning July 1, 2016. 79 FR 39330 (July 10, 2014).
    \3\ On June 5, 2014, amendments were proposed to Section 3-207 
of the AMC (relating to commercial fuel oil) to lower the maximum 
allowable level of sulfur in number 2 and lighter commercial fuel 
oils and impose more stringent levels on number 4 fuel oils. The 
amendments were signed into law on July 15, 2014. Further amendments 
to Section 3-207 of the AMC to add exemption provisions relating to 
commercial fuel oil in a new subsection (c) were proposed on May 21, 
2015 and subsequently signed into law, becoming effective on June 
18, 2015. The Air Pollution Control Board (APCB) of Philadelphia's 
Department of Health subsequently adopted amendments to Air 
Management Regulation III (AMR III) implementing the changes to the 
AMC. The regulatory amendments addressing the 2014 changes to the 
AMC were adopted on March 19, 2015 and became effective on June 15, 
2015. Re-proposed amendments to AMR III reflecting both the 2014 and 
2015 changes to Section 3-207 of the AMC were adopted by the APCB on 
October 14, 2015 and became effective on November 25, 2015.

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[[Page 9992]]

    The Commonwealth of Pennsylvania (Commonwealth or Pennsylvania) has 
now submitted the finalized amendments to Title 3 of the AMC and to AMR 
III for inclusion into the Pennsylvania SIP.

II. Summary of SIP Revision and EPA Analysis

    Through its June 2018 SIP revision submittal, Pennsylvania seeks to 
revise its SIP by including amendments to Section 3-207 of the AMC, as 
well as Sections I, II, and III of AMR III (Control of Emissions of 
Oxides and Sulfur Compounds). AMR III, Section I(A)(1)(a) lowers the 
maximum allowable sulfur content in number 2 and lighter fuel oils from 
0.2 percent (%) by weight (2000 parts per million (ppm)) to 0.0015% by 
weight (15 ppm) and lowers the maximum allowable sulfur content in 
number 4 fuel oils from 0.3% by weight (3000 ppm) to 0.25% by weight 
(2500 ppm). In this proposed SIP revision, the maximum allowable sulfur 
content for number 4 and heavier fuel oils is equal to, and the level 
for number 2 and lighter fuel oils is more stringent than, the state-
wide levels set by Pennsylvania.
    AMR III, Section I(A)(1)(b) lowers the permissible SO2 
emissions from the combustion of number 4 fuel oils from 0.30 pounds of 
SO2 per Million BTU (lbs SO2/MMBtu) Fuel Gross 
Heat Input to 0.26 lbs SO2/MMBtu Fuel Gross Heat Input. AMR 
III Section I also adds paragraphs (c) through (f) allowing commercial 
fuel oil stored by the ultimate consumer at its facility prior to the 
applicable compliance date, July 1, 2015, to be used after that 
applicable compliance date, if the fuel oil met the applicable maximum 
allowable sulfur content at the time it was stored, provided that 
certain conditions are met. One of those conditions are that there are 
written records of the sulfur content of the fuel oils and that all of 
the noncompliant fuel oil stored before July 1, 2015 is used before 
July 1, 2020. The City of Philadelphia Department of Public Health (the 
Department) reserves the authority to extend the July 1, 2020 deadline 
in the case of a variety of circumstances included in the regulation. 
Section II(A) of AMR III lowers the sulfur oxides emission limit to 0.4 
ppm for any 5-minute period when measured a ground level. Section III 
of AMR III adds provisions regarding exemptions for using noncompliant 
fuel oil beyond July 1, 2020.
    The amendments to Section 3-207 of the AMC also adds an emergency 
conditions provision. If delivery of compliant low sulfur fuel oil is 
interrupted because of emergency conditions, the Department may 
authorize the use of an alternative fuel supply, containing the least 
amount of sulfur available, for a period not to exceed 30 days. Longer 
periods of time may be authorized by the Department only after review 
and recommendation are made by the Air Pollution Control Board.
    The state-wide Pennsylvania regulations in 25 Pa Code Section 
123.22 established maximum allowable sulfur contents for certain fuel 
oil types including provisions on sampling and recordkeeping 
requirements in paragraphs (f) and (g) that apply statewide. The 
September 26, 2018 letter from the City of Philadelphia included in the 
docket for this SIP revision assures that those sampling and 
recordkeeping provisions apply to Philadelphia and that they are 
enforceable by the City of Philadelphia and that AMS has been delegated 
authority to enforce the Pennsylvania Air Pollution Control Act, and 
the Pennsylvania air pollution regulations thereunder, in Philadelphia. 
35 P.S. Section 4012.
    The Commonwealth asserts that lowering the maximum allowable sulfur 
content in commercial fuel oils combusted or sold in Philadelphia 
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 Pennsylvania's proposed SIP revisions to 40 
CFR 52.2020(c)(3), which incorporate amendments made to Section 3-207 
of the AMC and Sections I, II, and III of AMR III, meet the SIP 
revision requirements of the CAA. EPA is proposing to approve the June 
21, 2018 Pennsylvania SIP revision which amends commercial fuel oil 
sulfur limits for combustion and sale in Philadelphia County. 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 Philadelphia County's maximum allowable sulfur content in 
commercial fuel oil regulation. EPA has made, and will continue to 
make, these materials generally available through http://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

[[Page 9993]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule regarding commercial fuel oil sulfur limits 
for combustion and sale in Philadelphia County does not have tribal 
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: March 5, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-04769 Filed 3-18-19; 8:45 am]
 BILLING CODE 6560-50-P


