[43 Pa.B. 806]
[Saturday, February 9, 2013]
[Continued from previous Web Page] Major Comments and Responses on the ANFR
As previously noted, an ANFR was published at 42 Pa.B. 3596. The comment period closed on July 23, 2012. The draft final-form rulemaking contained significant changes in several areas and the Department believed that, while not legally required, further discussion and an additional comment period would serve the public interest. The most significant changes made in the draft final-form rulemaking included the following: (1) an increase in the sulfur limit for No. 2 and lighter commercial fuel oil from 15 ppm to 500 ppm; (2) a postponement of the compliance date for revised sulfur limits from May 1, 2012, to July 1, 2016; (3) changes in the temporary suspension provision to remove EPA concurrence and to remove the maximum allowable sulfur content of 500 ppm for a temporary increase; (4) changes in the sampling and testing requirements to require sampling, testing and calculating of sulfur content by a transferor only if records are not otherwise provided with the shipment; and (5) a change to allow sulfur content to be recorded as either ppm by weight or weight percent and to clarify that the actual sulfur content (not the regulated maximum allowable sulfur content) must be in the record.
Eight commentators submitted comments on the ANFR: three corporations (a wholesale electricity generator, a refinery owner and operator, a pipeline and terminal company); three industry trade associations; an environmental organization; and an environmental consulting company.
Several industry commentators felt the draft final-form rulemaking provided cost-effective environmental benefits and sufficient lead time for companies to make changes to refining and distribution operations.
The Pennsylvania Petroleum Marketers and Convenience Store Association (PPMCSA) supported a more aggressive schedule for reducing sulfur in heating oil and recommended that the Department adopt 15 ppm effective as early as practicable, at the very least no later than the New Jersey schedule (July 1, 2016). The PPMCSA stated that use of ultra-low sulfur heating oil results in improvements in the environment. While the Department agrees that the use of 15 ppm would provide a small additional environmental benefit, the benefit is not cost-effective at this time. Most of the benefit in the change in sulfur levels comes from reducing sulfur from existing levels (2,000 to 2,500 ppm) to 500 ppm.
The Clean Air Council (CAC) urged the adoption of a standard more protective of public health. The commentator explained that heating oil burners emit PM, NOx, SO2, mercury and CO2 have a major impact on public health, ozone formation, PM2.5, regional haze and acid precipitation, and that the change from 15 ppm to 500 ppm results in nearly a 20% increase in SO2 emissions. The commentator stated this has real and measurable impacts on human health, including a change from the estimated 85 lives saved in this Commonwealth to 77 lives saved and an additional $7.4 million in avoided medical costs in 2018. Health and welfare co-benefits include reductions in NOx, CO2, ozone, PM2.5 and acid rain. The Department agrees that heating oil emits these pollutants and is reducing sulfur in commercial fuel oil primarily to reduce regional haze. SO2 and NOx are significant contributors to regional haze, and their reduction also has health cobenefits. For environmental benefit, see the preceding response.
The PPMCSA and CAC stated that the use of ultra-low sulfur heating oil (15 ppm) results in cleaner, more efficient combustion processes in oilheating equipment, resulting in cost savings to consumers. While the Department agrees that cleaner combustion results in cost savings to consumers, most of the benefit results from the reduction from existing levels to 500 ppm. Furthermore, the use of advanced efficiency furnaces does not require the use of 15 ppm fuel.
These two commentators also stated that having on-road, off-road and heating oil at the same sulfur level would result in significant operational efficiencies through storage in the same containers and thus cost savings for marketers who distribute these products. The Department agrees there would be some efficiency in storage and transportation but, as indicated by comments on the original proposal, mandating fuel sulfur levels at 15 ppm also carries the risk of higher prices for both heating oil and transportation fuels.
The PPMCSA commented that announcements indicating continued operation of two refineries in Southeast Pennsylvania and previously announced capacity enhancements of the Colonial Pipeline signal a stable source of ultra-low sulfur fuel for the region. The Department agrees that the potential for stable fuel supply has improved in the last few months. However, one refinery has shut down and will be repurposed. It is still uncertain whether the types of fuels to be supplied into the market from the other refineries will change.
The CAC commented that the concerns of refineries are overstated because the small increase in refining costs will be able to be absorbed by the consumer through savings in other areas and, with adequate notice, there will be enough supply to meet the demand. There will be costs to reducing sulfur from existing levels to 500 ppm, but only a small additional cost to reduce sulfur further to 15 ppm. The commentator felt that the concern with all Northeast states moving to a 15 ppm standard, namely that there will not be enough supply, was overstated. The Department disagrees with the characterizations on cost and supply. The commentator appears to be confusing the incremental cost difference to the consumer with the cost incurred by an individual owner or operator of a refinery to install sufficient desulfurization to meet the 15 ppm level. Desulfurization capacity is very expensive and is not cost-effective for the additional environmental benefit. The supply aspect is answered in the preceding response.
The CAC commented that refineries commented during the proposed rulemaking that given adequate time (to 2018) a 15 ppm standard would be a more feasible standard. The commentator supported the stepped approach used in several other states (500 ppm in 2014 and 15 ppm in 2018) as reasonable and as being similar to the incremental stepped approach in transportation fuels. The commentator suggested a compliance date for 500 ppm sulfur of 2014 and a 15 ppm sulfur limit, to provide refiners with 4 years notice from when they reasonably should have been on notice of a change in the sulfur standard, noting that New York successfully transitioned to 15 ppm in a 2-year time frame. The Department has not adopted the suggested phased-in schedule since allowing refiners the time to develop adequate desulfurization capacity is important to ensuring supplies of commercial fuel oil in this Commonwealth. New York's transition to 15 ppm in 2012 creates additional demand for 15 ppm fuel and New Jersey will add to that demand in 2014.
Two industry commentators suggested that the Department revise the definitions of ''ultimate consumer'' and ''retail outlet'' by deleting ''a combustion unit'' and substituting ''fuel oil-burning equipment'' so that these definitions would be consistent with the definition of ''commercial fuel oil.'' The Department agreed that the terms should be consistent and changed ''fuel oil-burning equipment'' to ''combustion unit'' in the definition of ''commercial fuel oil.''
These commentators requested that language be added to the definition of ''ultimate consumer'' to ensure that facilities with the same owner or operator that engage in the non-resale transfer of commercial fuel oil are included in the definition. The Department does not agree that the additional language is necessary because the definition in the final-form rulemaking already includes these non-resale transfers.
Phillips 66 commented that the sulfur levels for No. 5 and No. 6 fuel oils (residual oils) are too stringent and could result in significant loss of supply. The company stated that sulfur removal from these heavier fuels is technologically difficult, very costly and usually economically prohibitive. The company explained that dilution is not a viable solution because blending may lead to not meeting other parameters and dilution with lighter, more valuable product is unlikely to be undertaken by refiners. Phillips 66 explained that dilution would yield more product than is needed by the market so there would be no outlets except export. The company suggested a fuel sulfur level for Nos. 5 and 6 of 1.0% and leaving the existing standard for the Southeast Pennsylvania air basin (0.5%) in place.
The Department respectfully disagrees. As the commentator points out, refiners are currently providing residual fuel oil with a 5,000 ppm sulfur content for sale in the Southeast Pennsylvania air basin, as well as several counties in New Jersey (and 3,000 ppm in some New Jersey counties). The MANE-VU states chose the 5,000 ppm residual oil standard for a regionally consistent goal level to reasonably reduce SO2 emissions from this fuel. New Jersey, Vermont, Maine and Massachusetts have already adopted a 5,000 ppm maximum sulfur content. A market for off-specification residual oil above a 5,000 ppm sulfur content standard exists in the marine vessel market. According to the EIA State Energy Data System, in 2010 almost half of all residual oil was used for transportation purposes (residual oil by its nature and by EPA regulation cannot be used in on-road vehicles or most off-road uses, but can be used in large marine vessels). Furthermore, fuels with a higher sulfur content than those specified in the final-form rulemaking can be used in combustion units if control equipment or processes ensure that the existing SO2 limits in pounds of SO2 per million Btu of heat input over a 1-hour period are not exceeded.
The CAC commented that establishing a suspension policy for the rare times that compliant commercial fuel oil is legitimately unavailable is a reasonable and prudent measure. The Department agrees, as ensuring that customers have enough fuel for home heating is essential.
The CAC also commented that the specific requirements of the suspension policy have not been codified, which could leave it open for abuse from commercial fuel oil refiners. The two major flaws are as follows: 1) it is not clear under what limited circumstances the Department can grant a suspension; and 2) it does not include a time limit for how long a suspension can last. In particular, the provision could allow a suspension of the limits due to poor planning or refusal of the refiners to make enough compliant fuel. The Department agrees that the temporary suspension provisions should be made more specific. The final-form rulemaking adds additional criteria for granting a temporary suspension and a time limit.
The CAC suggested that the Department adopt the language of section 211(c) of the CAA that sets a suspension limit of 20 days. The Department included language similar to section 211(c) of the CAA as it relates to planning, but has included a 60-day limit rather than 20 days, as many heating oil customers fill their tanks about every 2 months during the heating season.
Various industry commentators commented that the proposed amendments are not consistent with current industry practice and should be modified. They stated that current practices for testing, transporting and documenting heating oil are sufficient to ensure product delivered and sold in this Commonwealth will meet standards. They said it is impractical and unworkable to require each heating oil custody or title transfer to identify the actual sulfur content on the product transfer document because of the fungibility of the product, and that many transfers within a company or to a bulk distributor often do not test for the exact sulfur level. They called the requirement for specifying actual sulfur content for each sale or transfer impractical. They recommended that recordkeeping and reporting requirements be amended to specify that the requirement could be met by properly classifying the fuel by sulfur content as being below 15 ppm, between 15 and 500 ppm and over 500 ppm. They suggested that the practical implication of compliance with the regulation would significantly complicate distribution and slow the system. One of the commentators stated that companies should be able to maintain compliance with the regulation through the current practice of ensuring that a distillate fuel of less than 500 ppm sulfur does not come into contact in a tank or pipeline with another batch exceeding the 500 ppm sulfur standard. That commentator suggested the state allow the use of product codes to convey required transfer document information, as the EPA does. The commentator stated that fuels are commonly bought and sold per pipeline specifications or ''codes,'' which are widely used throughout the industry. The commentator provided specific revisions to the draft final-form rulemaking to: restore the proposed language requiring refiners to sample, test and calculate the sulfur content of each batch of fuel; add requirements for testing if records are missing; confine the information to a determination of meeting the 500 ppm level rather than the specific sulfur level; and enable product transfer documents not to specify actual sulfur level.
In response to these comments, the Department revised the sampling and testing requirements to eliminate duplicate testing and to mirror current practices for ensuring product sold in this Commonwealth will be compliant, while ensuring that the Department can adequately enforce compliance and that the ultimate consumer knows that the fuel is compliant. The Department removed the requirement to record the actual sulfur content and instead only requires the information reflect the maximum sulfur level of the commercial oil fuel shipment. The Department has also allowed the use of product codes, under similar conditions as those described by the EPA for gasoline and diesel fuel in transfers from refiners up to the point that the fuel transfers to a truck carrier. See 40 CFR 80.77, 80.106 and 80.590 (relating to product transfer documentation; product transfer documents; and what are the product transfer document requirements for motor vehicle diesel fuel, NRLM diesel fuel, heating oil, ECA marine fuel, and other distillates).
All4, an environmental consulting company, suggested that § 123.46(a)(1)(i) (relating to monitoring requirements) be amended to remove the requirement for continuous opacity monitoring systems (COMS) if natural gas, liquid fossil fuel or a combination thereof is used. The commentator stated that this revision is similar to a Federal requirement in 40 CFR 60.45(b)(1) (relating to emissions and fuel monitoring). The commentator stated that the cost of a COMS is overly burdensome for minimal environmental benefit, especially for natural gas fired sources that may only combust low sulfur fuel oil as a backup or as secondary fuel. The Department has not made this change. For fuel oil, opacity is much more a function of combustion characteristics. Simply limiting fuel sulfur content for oil-fired units does not, in itself, negate the need to continuously monitor opacity. Section § 123.46(a)(1)(ii) does not require COMS for oil-fired combustion units if the units can meet particulate and opacity requirements without particulate control and have not had an opacity violation in the previous 5 years. For a new source, if the units do not have PM control, COMS do not have to be installed unless and until they have an opacity violation. In addition, § 123.46(c) provides the unit with a possible full exemption from the COMS requirement.
G. Benefits, Costs and Compliance
Benefits
Implementation of the final-form rulemaking will benefit the health and welfare of the approximately 12 million residents and numerous animals, crops, vegetation and natural areas in this Commonwealth by reducing the ambient levels of SO2, resulting in reductions in regional haze and PM2.5. There are also important cobenefits of this final-form rulemaking. Emissions of NOx, which contribute to unhealthy levels of PM2.5 and ground-level ozone, will also decrease with the use of low-sulfur content commercial fuel oil due to furnace and boiler efficiency improvements. Emissions of CO2, a greenhouse gas, should also decrease due to improved furnace and boiler combustion efficiency. SO2 emissions also contribute to the formation of acid rain. Both acid rain and PM2.5 contribute to agricultural crop and vegetation damage and degradation of the Chesapeake Bay. Combustion of low-sulfur content commercial fuel oil will contribute to reducing the incidences of these adverse effects in this Commonwealth.
Commercial fuel oil users benefit too. According to the EIA State Energy Profiles, approximately 26% of the households in this Commonwealth use No. 2 commercial fuel oil for space heat. Low-sulfur content commercial fuel oil has the potential to improve furnace and boiler combustion efficiency by reducing fouling rates of furnace and boiler heat exchangers and other components. Reduced boiler and furnace fouling rates translate directly into lower vacuum-cleaning costs for fuel oil companies and homeowners by extending the service intervals. For example, according to a NESCAUM study, using a median hourly service cost of $72.50 per hour for vacuum-cleaning a furnace and changing No. 2 commercial fuel oil from a sulfur content of 2,500 ppm to 500 ppm would save $29,000 a year per 1,000 homes, or $29 annually per home in the United States. (See NESCAUM report ''Low Sulfur Heating Oil in the Northeast States: An Overview of Benefits, Costs and Implementation Issues,'' December 2005, p. 3-2 and 3-3.) Further, the availability of low-sulfur content commercial fuel oil will enable the introduction of highly efficient advanced technology condensing furnaces. A lower sulfur content commercial fuel oil will also increase the number of clean fuel types available to consumers.
The commercial fuel oil industry also benefits. A requirement for lower sulfur content No. 2 commercial fuel oil benefits distributors of commercial fuel oil by increasing their ability to compete with natural gas, a cleaner fuel than today's No. 2 commercial fuel oil.
Compliance Costs
The final-form rulemaking will affect the owners and operators of refineries, distributors and carriers of commercial fuel oils; owners and operators of commercial fuel oil terminals; ICI boiler owners and operators; and individuals who use commercial fuel oils in this Commonwealth.
There are four refineries in this Commonwealth owned by four companies. The products of the refineries will be affected by the final-form rulemaking. Owners and operators of refineries outside this Commonwealth will be indirectly affected if they supply distributors that sell commercial fuel oil in this Commonwealth. The Department believes that this sophisticated industry has the technical capacity for implementing the program because sulfur limits have been established in motor fuels for 30 years.
There are 92 fuel oil terminal operations operated by 38 different companies and 737 distributors of petroleum products in this Commonwealth. Not all of these operations handle commercial fuel oil. Major distributors in this Commonwealth also operate terminals. While the size of distributor operations ranges from large to small, members of the petroleum distribution industry as a whole have been regulated for many years. Existing systems to track the quantity and composition of fuel are of long standing for purposes of compliance with both environmental and tax regulations.
End-users of commercial fuel oil range from large industrial users to homeowners. There are approximately 1.32 million households in this Commonwealth that may use commercial fuel oil for residential heating (5.08 million households × 26% of households). The EIA State Energy Profile estimates that 26% of homes in this Commonwealth use commercial fuel oil for space heat.
Fuel combustion at many ICI sources is already regulated by the Department under its permit program; these sources will be required to comply with the final-form rulemaking, which retains (with modification) the equivalency provisions of the existing regulation as an alternative compliance mechanism. The equivalency provisions allow the use of equipment or a process to control emissions to the same level as would result from the use of a compliant commercial fuel oil. This choice would most likely only occur if the cost of control were less than the cost of the purchase of compliant commercial fuel oil.
In a 2008 report entitled ''Northeast Heating Oil Assessment,'' the National Oilheat Research Alliance (NORA) estimated that there would be a 6.3¢ to 6.8¢ per gallon incremental production cost for 500 ppm versus 2,500 ppm sulfur content home heating oil (No. 2 commercial fuel oil), including capital costs. These are costs to the producers; prices to the ultimate consumer will be influenced by factors in addition to the cost of reducing the sulfur content in the fuel oil.
Furnace and boiler maintenance costs for consumers should be lower due to less fouling of their combustion units. According to NORA, although low-sulfur content commercial fuel oil may cost a few cents per gallon more, savings on maintenance costs will help defray that impact. Decreased fouling improves efficiency of the combustion unit, which results in lower fuel usage.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community in understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing compliance assistance program.
Paperwork Requirements
The final-form rulemaking requires that, beginning with the refinery owner or operator who sells or transfers commercial fuel oil and ending with the ultimate consumer, each time the physical custody of or title to a shipment of commercial fuel oil changes hands the transferor shall provide the transferee with an electronic or paper record of the transaction. Each affected person shall keep the records in electronic or paper format for 2 years, except those ultimate consumers located at a private residence. Recordkeeping or reporting is not required of ultimate consumers at private residences or apartment complexes and condominiums; they only need to buy and use compliant commercial fuel oil. The Department conferred with the industry on normal industry practices and took those practices into account in crafting the paperwork requirements.
H. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.
This final-form rulemaking reduces emissions of SO2 and NOx air pollutants by requiring a lower amount of sulfur in commercial fuel oil used in this Commonwealth, thereby reducing regional haze and ambient levels of PM2.5 in this Commonwealth and throughout the northeast. This final-form rulemaking does not require add-on controls, although existing provisions allow the use of noncompliant fuel if the emissions are equivalent to those obtained with compliant commercial fuel oil.
I. Sunset Review
This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
J. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 13, 2010, the Department submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 5456, to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 30, 2012, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 13, 2012, and approved the final-form rulemaking.
K. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) At least a 60-day public comment period was provided as required by law and the comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 40 Pa.B. 5456.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.
(5) These regulations are necessary and appropriate to implement provisions of the CAA.
L. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 121, 123 and 139, are amended by amending §§ 121.1, 123.22, 139.4 and 139.16 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This final-form rulemaking will be submitted to the EPA as an amendment to the Pennsylvania SIP.
(f) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
MICHAEL L. KRANCER,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 42 Pa.B. 7877 (December 29, 2012).)
Fiscal Note: Fiscal Note 7-462 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Carrier—A distributor who does not take title to or otherwise have ownership of the commercial fuel oil or gasoline, and does not alter either the quality or quantity of the commercial fuel oil or gasoline.
* * * * * Commercial fuel oil—A fuel oil specifically produced, manufactured for sale and intended for use in a combustion unit. A mixture of commercial fuel oil with noncommercial fuel when greater than 50% of the heat content is derived from the commercial fuel oil portion is considered a commercial fuel oil.
* * * * * Distributor—
(i) A person who transports, stores or causes the transportation or storage of gasoline at any point between a refinery, blending facility or terminal and a retail outlet or wholesale purchaser-consumer's facility.
(ii) For purposes of § 123.22 (relating to combustion units), a person who transports, stores or causes the transportation or storage of commercial fuel oil at any point between a refinery, blending facility or terminal and a retail outlet, wholesale purchaser-consumer's facility or ultimate consumer.
(iii) The term includes a refinery, a blending facility or a terminal.
* * * * * Noncommercial fuel—A gaseous or liquid fuel generated as a byproduct or waste product which is not specifically produced and manufactured for sale. A mixture of a noncommercial fuel and a commercial fuel oil when at least 50% of the heat content is derived from the noncommercial fuel portion is considered a noncommercial fuel.
* * * * * Retail outlet—An establishment at which commercial fuel oil or gasoline is sold or offered for sale to the ultimate consumer for use in a combustion unit or motor vehicle, respectively.
* * * * * Terminal—
(i) A facility which is capable of receiving commercial fuel oil or gasoline in bulk, that is, by pipeline, barge, ship or other transport, and at which commercial fuel oil or gasoline is sold or transferred into trucks for transportation to retail outlets, wholesale purchaser-consumer's facilities or ultimate consumers.
(ii) The term includes bulk gasoline terminals and bulk gasoline plants.
(iii) For purposes of Chapter 126, Subchapter A (relating to oxygenate content), the terminal does not have to be physically located in the control area.
* * * * * Transferee—
(i) A person who is the recipient of a sale or transfer.
(ii) For purposes of § 123.22, the term includes the following:
(A) Terminal owner or operator.
(B) Carrier.
(C) Distributor.
(D) Retail outlet owner or operator.
(E) Ultimate consumer.
Transfer efficiency—The ratio of the amount of coating solids deposited onto the surface of a coated part to the amount of coating solids used expressed as a percentage.
Transferor—
(i) A person who initiates a sale or transfer.
(ii) For purposes of § 123.22, the term includes the following:
(A) Refinery owner or operator.
(B) Terminal owner or operator.
(C) Carrier.
(D) Distributor.
(E) Retail outlet owner or operator.
* * * * * Type II chemical milling maskant—A coating that is applied directly to aluminum aerospace vehicles and components to protect surface areas when chemically milling the aerospace vehicle or component with a Type II etchant.
Ultimate consumer—With respect to a commercial fuel oil transfer or purchase, the last person, facility owner or operator or entity who in good faith receives the commercial fuel oil for the purpose of using it in a combustion unit or for purposes other than resale.
Ultimate purchaser—With respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.
* * * * *
CHAPTER 123. STANDARDS FOR CONTAMINANTS
SULFUR COMPOUND EMISSIONS § 123.22. Combustion units.
(a) Nonair basin areas. Combustion units in nonair basin areas must conform with the following:
(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 4 pounds per million Btu of heat input over a 1-hour period, except as provided in paragraph (4).
(2) Commercial fuel oil.
(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in nonair basin areas if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following tables:
Grades Commercial Fuel Oil
Maximum Allowable % Sulfur by
Weight through June 30, 2016
No. 2 and Lighter (viscosity less than or equal to 5.820cSt) 0.5
No. 4, No. 5, No. 6 and heavier (viscosity greater than 5.82cSt) 2.8
Maximum Allowable Sulfur Content Beginning July 1, 2016, Expressed as Parts per Million (ppm) by
Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent with ASTM D396)
No. 2 and lighter oil 500 ppm
(0.05%)
No. 4 oil 2,500 ppm
(0.25%)
No. 5, No. 6 and heavier oil 5,000 ppm
(0.5%)
(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to July 1, 2016, which met the applicable maximum allowable sulfur content for commercial fuel oil through June 30, 2016, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after July 1, 2016.
(iii) Beginning July 1, 2016, the Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:
(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a nonair basin area. The request must include the following:
(I) The nonair basin county or counties for which the suspension or increase is requested.
(II) The reason compliant commercial fuel oil is not reasonably available.
(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.
(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the nonair basin area and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the specified nonair basin area.
(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the specified nonair basin area.
(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.
(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).
(4) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:
(i) This paragraph applies to solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour.
(ii) The owner of a solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139 (relating to sampling and testing) the Department will grant the petition.
(iii) No person subject to this paragraph may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2 from a combustion unit in excess of the rates set forth in the following table:
Allowable Pounds SO2 per
106 Btu Heat InputThirty-day running average not to be exceeded at any time 3.7 Daily average not to be exceeded more than 2 days in any running 30-day period 4.0 Daily average maximum not to be exceeded at any time 4.8 (iv) A combustion unit which does not meet the requirements of § 123.25 (relating to monitoring requirements) for installation and operation of continuous SO2 emission monitoring equipment shall be subject to the provisions of paragraph (1).
(b) Erie; Harrisburg; York; Lancaster; and Scranton, Wilkes-Barre air basins. Combustion units in these subject air basins must conform with the following:
(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 4 pounds per million Btu of heat input over a 1-hour period, except as provided in paragraph (4).
(2) Commercial fuel oil.
(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following tables:
Grades Commercial Fuel Oil
Maximum Allowable % Sulfur by
Weight through June 30, 2016
No. 2 and Lighter (viscosity less than or equal to 5.820cSt) 0.3
No. 4, No. 5, No. 6 and heavier (viscosity greater than 5.82cSt) 2.8
Maximum Allowable Sulfur Content Beginning July 1, 2016, Expressed as Parts per Million (ppm) by
Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent with ASTM D396)
No. 2 and lighter oil 500 ppm
(0.05%)
No. 4 oil 2,500 ppm
(0.25%)
No. 5, No. 6 and heavier oil 5,000 ppm
(0.5%)
(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to July 1, 2016, which met the applicable maximum allowable sulfur content for commercial fuel oil through June 30, 2016, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after July 1, 2016.
(iii) Beginning July 1, 2016, the Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:
(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a subject air basin. The request must include the following:
(I) The subject air basin for which the suspension or increase is requested.
(II) The reason compliant commercial fuel oil is not reasonably available.
(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.
(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.
(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.
(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.
(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).
(4) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:
(i) This paragraph applies to solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to a solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.
(ii) The owner of any solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139, the Department will grant the petition.
(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit, at any time, in excess of the rates set forth in the following table:
Allowable Pounds SO2 per
106 Btu Heat InputThirty-day running average not to be exceeded at any time 3.7 Daily average not to be exceeded more than 2 days in any running 30-day period 4.0 Daily average maximum not to be exceeded at any time 4.8
(iv) A combustion unit which does not meet the requirements of § 123.25 for installation and operation of continuous SO2 emission monitoring equipment is subject to the provisions of paragraph (1).
(c) Allentown, Bethlehem, Easton; Reading; Upper Beaver Valley; and Johnstown air basins. Combustion units in these subject air basins must conform with the following:
(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 3 pounds per million Btu of heat input over a 1-hour period, except as provided in paragraph (4).
(2) Commercial fuel oil.
(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following tables:
Grades Commercial Fuel Oil
Maximum Allowable % Sulfur by
Weight through June 30, 2016
No. 2 and Lighter (viscosity less than or equal to 5.82cSt) 0.3
No. 4, No. 5, No. 6 and heavier (viscosity greater than 5.82cSt) 2.0
Maximum Allowable Sulfur Content Beginning July 1, 2016, Expressed as Parts per Million (ppm) by
Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent with ASTM D396)
No. 2 and lighter oil 500 ppm
(0.05%)
No. 4 oil 2,500 ppm
(0.25%)
No. 5, No. 6 and heavier oil 5,000 ppm
(0.5%)
(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to July 1, 2016, which met the applicable maximum allowable sulfur content for commercial fuel oil through June 30, 2016, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after July 1, 2016.
(iii) Beginning July 1, 2016, the Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:
(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a subject air basin. The request must include the following:
(I) The subject air basin for which the suspension or increase is requested.
(II) The reason compliant commercial fuel oil is not reasonably available.
(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.
(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.
(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.
(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.
(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).
(4) Solid fossil fuel fired combustion units. Solid fuel fired combustion units shall conform with the following:
(i) This paragraph applies to all solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to any solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.
(ii) The owner of a solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139 the Department will grant such petition.
(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of the rates set forth in the following table:
Allowable Pounds SO2 per
106 Btu Heat InputThirty-day running average not to be exceeded at any time 2.8 Daily average not to be exceeded more than 2 days in any running 30-day period 3.0 Daily average maximum not to be exceeded at any time 3.6 (iv) A combustion unit not meeting the requirements of § 123.25 (relating to monitoring requirements) for installation and operation of continuous SO2 emission monitoring equipment is subject to the provisions of paragraph (1).
(d) Allegheny County; Lower Beaver Valley; and Monongahela Valley air basins. Combustion units in these subject air basins must conform with the following:
(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of one or more of the following:
(i) The rate of 1 pound per million Btu of heat input, when the heat input to the combustion unit in millions of Btus per hour is greater than 2.5 but less than 50.
(ii) The rate determined by the following formula: A = 1.7E-0.14, where: A = Allowable emissions in pounds per million Btu of heat input, and E = Heat input to the combustion unit in millions of Btus per hours when E is equal to or greater than 50 but less than 2,000.
(iii) The rate of 0.6 pounds per million Btu of heat input when the heat input to the combustion unit in millions of Btus per hour is equal to or greater than 2,000.
(2) Commercial fuel oil.
(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins on or after July 1, 2016, if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following table:
Maximum Allowable Sulfur Content Beginning July 1, 2016, Expressed as Parts per Million (ppm) by
Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent with ASTM D396)
No. 2 and lighter oil 500 ppm
(0.05%)
No. 4 oil 2,500 ppm
(0.25%)
No. 5, No. 6 and heavier oil 5,000 ppm
(0.5%)
(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to July 1, 2016, which met the applicable maximum allowable sulfur content at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after July 1, 2016.
(iii) Beginning July 1, 2016, the Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:
(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a subject air basin. The request must include the following:
(I) The subject air basin for which the suspension or increase is requested.
(II) The reason compliant commercial fuel oil is not reasonably available.
(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.
(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.
(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.
(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.
(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).
(e) Southeast Pennsylvania air basin. Combustion units in the Southeast Pennsylvania air basin must conform with the following:
(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit except as provided in paragraph (3) or (5), in excess of the applicable rate in pounds per million Btu of heat input specified in the following table:
Rated Capacity of Units in 106 Btus per hour Inner Zone
Outer Zone
Less than 250 1.0
1.2 Greater than or equal to 250 0.6
1.2 (2) Commercial fuel oil.
(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in a combustion unit in the Southeast Pennsylvania air basin if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following tables:
Maximum Allowable % Sulfur by
Weight through June 30, 2016
Grades of Commercial Fuel Oil Inner Zone
Outer Zone
No. 2 and lighter (viscosity less than or equal to 5.82cSt) 0.2
0.3
No. 4, No. 5, No. 6 and Heavier (viscosity greater than 5.82cSt) 0.5
1.0
Maximum Allowable Sulfur Content Beginning July 1, 2016, Expressed as Parts per Million (ppm) by
Weight or Percentage by Weight
Grades Commercial Fuel Oil (consistent with ASTM D396)
No. 2 and lighter oil 500 ppm
(0.05%)
No. 4 oil 2,500 ppm
(0.25%)
No. 5, No. 6 and heavier oil 5,000 ppm
(0.5%)
(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to July 1, 2016, which met the applicable maximum allowable sulfur content for commercial fuel oil through June 30, 2016, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after July 1, 2016.
(iii) Beginning July 1, 2016, the Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:
(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in the subject air basin. The request must include both of the following:
(I) The reason compliant commercial fuel oil is not reasonably available.
(II) The duration of time for which the suspension or increase is requested and the justification for the requested duration.
(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.
(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.
(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.
(3) Noncommercial fuels. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit using a noncommercial fuel, in excess of the rate of 0.6 pound per million Btu of heat input in the inner zone or 1.2 pounds per million Btu of heat input in the outer zone.
(4) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).
(5) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:
(i) This paragraph applies to all solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to any solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.
(ii) The owner of any solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139, the Department will grant the petition.
(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of the applicable rate in pounds per million Btu of heat input specified in the following table:
Rated Capacity of Unit in
10 Btus per HourLess than 250
Greater than or
equal to 250
Thirty-day running average not to be exceeded at any time Inner Zone 0.75
0.45
Outer Zone 0.90
0.90
Daily average not to be exceeded more than 2 days in any running 30-day period Inner Zone 1.00
0.60
Outer Zone 1.20
1.20 Daily average maximum not to be exceeded at any time Inner Zone 1.20
0.72
Outer Zone 1.44
1.44
(iv) A combustion unit not meeting the requirements of § 123.25 for installation and operation of continuous SO2 emission monitoring equipment are subject to the provisions of paragraph (1).
(f) Sampling and testing.
(1) For the purpose of determining compliance with the requirements of this section, the actual sulfur content of commercial fuel oil shall be determined by one of the following:
(i) In accordance with the sample collection, test methods and procedures specified under § 139.16 (relating to sulfur in fuel oil).
(ii) Other methods developed or approved by the Department or the Administrator of the EPA, or both.
(2) Beginning July 1, 2016, A refinery owner or operator who produces commercial fuel oil intended for use or used in this Commonwealth is required to sample, test and calculate the actual sulfur content of each batch of the commercial fuel oil as specified in paragraph (1).
(3) Beginning July 1, 2016, and prior to offering for sale, delivering for use, exchanging in trade or permitting the use of commercial fuel oil in this Commonwealth, a person other than the ultimate consumer that accepts a shipment of commercial fuel oil from a refinery or other transferor, shall sample, test and calculate the actual sulfur content of the commercial fuel oil in accordance with paragraph (1) if the shipment lacks the record required under subsection (g)(1) that enables the transferee to determine if the sulfur content of the shipment of commercial fuel oil meets the applicable maximum allowable sulfur content.
(g) Recordkeeping and reporting.
(1) Beginning with the refinery owner or operator who sells or transfers commercial fuel oil into or within this Commonwealth for use in this Commonwealth and ending with the ultimate consumer, each time the physical custody of, or title to, a shipment of commercial fuel oil changes hands on or after July 1, 2016, the transferor shall provide to the transferee an electronic or paper record described in this paragraph. This record must legibly and conspicuously contain the following information:
(i) The date of the sale or transfer.
(ii) The name and address of the transferor.
(iii) The name and address of the transferee.
(iv) The volume of commercial fuel oil being sold or transferred.
(v) The identification of the sulfur content of the shipment of commercial fuel oil, determined using the sampling and testing methods specified in subsection (f)(1), expressed as one of the following statements:
(A) For a shipment of No. 2 and lighter commercial fuel oil, ''The sulfur content of this shipment is 500 ppm or below.''
(B) For a shipment of No. 4 commercial fuel oil, ''The sulfur content of this shipment is 2,500 ppm or below.''
(C) For a shipment of No. 5, No. 6 and heavier commercial fuel oil, ''The sulfur content of this shipment is 5,000 ppm or below.''
(vi) The location of the commercial fuel oil at the time of transfer.
(vii) Except for a transfer to a truck carrier, an owner or operator of a retail outlet or an ultimate consumer, the transferor may substitute the information required under subparagraphs (i)—(vi) with the use of a product code if the following are met:
(A) The product code includes the information required under subparagraphs (i)—(vi).
(B) The product code is standardized throughout the distribution system in which it is used.
(C) Each downstream party is given sufficient information to know the full meaning of the product code.
(2) The refinery owner or operator shall do both of the following:
(i) Maintain, in electronic or paper format, the records developed under subsection (f)(2) to determine the actual sulfur content of each batch of the commercial fuel oil.
(ii) Provide electronic or written copies of the records developed under subsection (f)(2) of the actual sulfur content of each batch of the commercial fuel oil to the Department upon request.
(3) The terminal owner or operator shall do both of the following:
(i) Maintain, in electronic or paper format, the applicable records developed under subsection (f)(3) or (g)(1), or both, to establish the maximum sulfur content of the shipment of commercial fuel oil.
(ii) Provide electronic or written copies of the records establishing the maximum sulfur content of the shipment of commercial fuel oil to the Department upon request.
(4) A person subject to this section shall do both of the following:
(i) Maintain the applicable records required under paragraphs (1)—(3) in electronic or paper format for 2 years unless a longer period is required under § 127.511(b)(2) (relating to monitoring and related recordkeeping and reporting requirements).
(ii) Provide an electronic or written copy of the applicable record to the Department upon request.
(5) The ultimate consumer shall maintain in electronic or paper format the record containing the information listed in paragraph (1), except in either of the following situations:
(i) The transfer or use of the commercial fuel oil occurs at a private residence.
(ii) The ultimate consumer is an owner of an apartment or condominium building housing private residents and the transfer or use of the commercial fuel oil occurs for use at the building.
(h) Written request. The written request for suspension of or increase in the sulfur content limit on the basis that compliant commercial fuel oil is not reasonably available shall be addressed to the Department of Environmental Protection, Bureau of Air Quality, Chief of the Division of Compliance and Enforcement, P. O. Box 8468, Harrisburg, Pennsylvania 17105-8468.
CHAPTER 139. SAMPLING AND TESTING
Subchapter A. SAMPLING AND TESTING METHODS AND PROCEDURES
GENERAL § 139.4. References.
(a) The references referred to in this chapter are as follows:
(1) Standards of Performance for New Stationary Sources, 40 CFR Chapter I, Part 60, Appendix A, Current Edition, Superintendent of Documents, Washington, D.C. 20402-9328.
(2) National Emission Standards for Hazardous Air Pollutants, 40 CFR, Chapter I, Part 61, Appendix B, Current Edition, Superintendent of Documents, Washington, D.C. 20402-9328.
(3) Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 40 CFR, Chapter I, Part 51, Appendix M, Current Edition, Superintendent of Documents, Washington, D.C. 20402-9328.
(4) Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities, 40 CFR, Chapter I, Part 266, Appendix IX, Current Edition, Superintendent of Documents, Washington, D.C. 20402-9328.
(5) Source Testing Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Air Quality, Post Office Box 8468, Harrisburg, Pennsylvania 17105-8468, including future revisions as noted in § 139.5(b) (relating to revisions to the source testing manual and continuous source monitoring manual).
(6) Recommended Standard Method for Continuing Dust Fall Survey (APM-1, Revision 1), PR-2 Air Pollution Measurement Commission, J. Air Assoc., 16:372 (1966).
(7) Air Pollution Measurements of the National Air Sampling Network: Analyses of Suspended Particulates 1957-1961, Public Health Service Pub. No. 978, Washington, D.C., 1962.
(8) Interbranch Chemical Advisory Committee, Selected Methods for the Measurement of Air Pollutants, PHS Pub. No. 999-AP-11, Cincinnati, Ohio, 1965, page I-1.
(9) Standard Method of Test for Inorganic Fluoride in the Atmosphere, ASTM Standards on Methods of Atmospheric Sampling and Analyses, Philadelphia, Pennsylvania, 1962, page 67.
(10) ASTM D 4057, Practice for Manual Sampling of Petroleum and Petroleum Products, including updates and revisions.
(11) ASTM D 445, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity), including updates and revisions.
(12) ASTM D 1266, Test Methods for Sulfur in Petroleum Products: Lamp Method, including updates and revisions.
(13) ASTM D 129, Test Methods for Sulfur in Petroleum Products: General Bomb Method, including updates and revisions.
(14) ASTM D 1552, Test Methods for Sulfur in Petroleum Products: High-Temperature Method, including updates and revisions.
(15) ASTM D 2622, Test Methods for Sulfur in Petroleum Products by X-Ray Spectrometry, including updates and revisions.
(16) Standard Methods for the Examination of Water and Wastewater, 14th Ed., Organic Carbon (total), Combustion-Infrared Method, American Public Health Association, Washington, D.C.
(17) Jacobs, M. B. et al., Ultramicrodetermination of Sulfides in Air, Anal. Chem., 29:1949 (1957).
(18) ''Sampling procedures for fuel volatility,'' 40 CFR Part 80, Appendix D (relating to sampling procedures for fuel volatility).
(19) ''Tests for Determining Reid Vapor Pressure (RVP) of Gasoline and Gasoline-Oxygenate Blends,'' 40 CFR Part 80, Appendix E (relating to test for determining Reid vapor pressure (RVP) of gasoline and gasoline-oxygenate blends).
(20) ASTM D 4294, Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry, including updates and revisions.
(21) ASTM D 4177, Practice for Automatic Sampling of Petroleum and Petroleum Products, including updates and revisions.
(b) References to ASTM in this chapter pertain to test methods developed by ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959, www.astm.org.
STATIONARY SOURCES § 139.16. Sulfur in fuel oil.
The following apply to tests for the analysis of commercial fuel oil:
(1) The fuel oil sample for chemical analysis shall be collected in a manner that provides a representative sample. Upon the request of a Department official, the person responsible for the operation of the source shall collect the sample employing the procedures and equipment specified in § 139.4(10) or (21) (relating to references).
(2) Test methods and procedures for the determination of viscosity shall be that specified in § 139.4(11). The viscosity shall be determined at 100°F.
(3) Tests methods and procedures for the determination of sulfur shall be those specified in § 139.4(12)—(15) and (20).
(4) Results shall be reported in accordance with the units specified in § 123.22 (relating to combustion units).
[Pa.B. Doc. No. 13-227. Filed for public inspection February 8, 2013, 9:00 a.m.]
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