[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25178-25180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11171]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0722; FRL-9994-40-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: 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 (Pennsylvania). The revision updates Philadelphia County's 
portion of the Pennsylvania SIP, which includes regulations concerning 
sulfur content in fuel oil. Implementation of these provisions will 
reduce the amount of sulfur in fuel oils used in combustion units in 
Philadelphia County. EPA is approving these revisions to the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This final rule is effective on July 1, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0722. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Erin Trouba, 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) 814-2023. Ms. Trouba can also be reached 
via electronic mail at trouba.erin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 19, 2019 (84 FR 9991), EPA published a notice of proposed 
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM, 
EPA proposed approval of lower commercial fuel oil sulfur limits for 
combustion and sale in Philadelphia County into the Pennsylvania SIP. 
The formal SIP revision was submitted by the City of Philadelphia, Air 
Management Services (AMS) through the Pennsylvania Department of 
Environmental Protection (PADEP) on June 21, 2018. The SIP revision 
consists of an amendment to 40 CFR 52.2020(c)(3), the Philadelphia 
County portion of the SIP, in order to implement provisions for lower 
sulfur levels in commercial fuel oil in Philadelphia County.

II. Summary of SIP Revision and EPA Analysis

    Through its June 2018 SIP revision submittal, Pennsylvania sought 
to revise its SIP by including amendments to Section 3-207 of the Air 
Management Code (AMC), as well as Sections I, II, and III of Air 
Management Regulation (AMR) III (Control of Emissions of Oxides and 
Sulfur Compounds). The revision lowers the maximum allowable sulfur 
content in number 2 and lighter fuel oils from 0.2 percent (%) by 
weight (2,000 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 (3,000 ppm) to 0.25% by weight (2,500 ppm).
    The revision also lowers the permissible sulfur dioxide 
(SO2) emissions from the combustion of number 4 fuel oils 
and lowers the sulfur oxides emission limit to 0.4 ppm for any 5-minute 
period when measured at ground level. The revision allows 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. Also included in the revised provisions are 
exemptions for using noncompliant fuel oil beyond July 1, 2020 and an 
emergency conditions provision.
    Other specific requirements of lower commercial fuel oil sulfur 
limits for combustion and sale in Philadelphia County and the rationale 
for EPA's proposed action are explained in the NPRM, which is available 
in the docket for this rulemaking located at https://www.regulations.gov, Docket ID Number EPA-R03-OAR-2018-0722. No adverse 
public comments were received on the NPRM. Two identical positive 
public comments were received.

III. Final Action

    EPA is approving Pennsylvania's June 21, 2018 SIP submittal that 
lowers commercial fuel oil sulfur limits for combustion units in 
Philadelphia County as a revision to the Pennsylvania SIP. With this 
approval, EPA will incorporate amended AMC Section 3-207 and AMR III 
Sections I, II, and III into the Commonwealth of Pennsylvania's SIP.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of lower 
commercial fuel oil sulfur limits for combustion units in Philadelphia 
County discussed in Sections I and II of this action. EPA has made, and 
will continue to make, these materials generally available through 
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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully Federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be

[[Page 25179]]

incorporated by reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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 rule 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.

VI. 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 July 30, 2019. 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 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 regarding commercial fuel oil sulfur limits for 
combustion and sale in Philadelphia County 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: May 17, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(3) is amended by 
revising:
0
a. Under ``Title 3-Air Management Code'' an entry ``Chapter 3-200''; 
and
0
b. Under ``Regulation III'', entries ``Section I'', ``Section II'', and 
``Section III''.
    The revisions read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (3)* * *

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                                                                                                 Additional
       Rule citation             Title/subject           State        EPA approval date       explanation/Sec.
                                                    effective date                            52.2063 citation
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                                          Title 3--Air Management Code
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                                                  * * * * * * *
Chapter 3-200..............  Prohibited Conduct...        06/18/15  5/31/2019, Insert      Section 3-207 was
                                                                     Federal Register       amended to lower the
                                                                     citation].             allowable sulfur
                                                                                            content in fuel oils
                                                                                            in Philadelphia
                                                                                            County.
 

[[Page 25180]]

 
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                     Regulation III--The Control of Emissions of Oxides and Sulfur Compounds
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Section I..................  No Title [General            11/25/15  5/31/2019, Insert      .....................
                              Provisions].                           Federal Register
                                                                     citation].
Section II.................  Control of Sulfur            11/25/15  5/31/2019, Insert      .....................
                              Compound Emissions.                    Federal Register
                                                                     citation].
Section III................  Control of Sulfur in         11/25/15  5/31/2019, Insert      .....................
                              Fuels.                                 Federal Register
                                                                     citation].
 
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[FR Doc. 2019-11171 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P


