[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Rules and Regulations]
[Pages 39330-39333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16087]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0241; FRL-9913-26-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Commercial Fuel Oil Sulfur Limits for
Combustion Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. This revision will implement low-sulfur fuel oil
provisions that will reduce the amount of sulfur in fuel oils used in
combustion units, which will aid in reducing sulfur dioxide
(SO2) emissions and the formation of sulfates that cause
decreased visibility. This action is being taken under the Clean Air
Act (CAA).
DATES: This final rule is effective on July 10, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0241. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 20, 2014 (79 FR 9701), EPA published a notice of
proposed rulemaking (NPR) seeking comment on EPA's proposed approval of
Pennsylvania's SIP revision that incorporates the Commonwealth's low-
sulfur fuel oil provisions into the SIP. The SIP revision was submitted
by the Commonwealth of Pennsylvania on February 25, 2013, adopting
revisions to 25 Pennsylvania Code (Pa. Code) Chapters 121, 123, and
139. In response to the NPR, EPA received one comment, dated March 24,
2014, from Ms. Jane Kozinski, Assistant Commissioner for the State of
New Jersey Department of Environmental Protection (NJDEP). A summary of
the NJDEP comment and EPA's response is provided in Unit III. (Summary
of Public Comment and EPA Response) of this final rulemaking action.
II. Summary of SIP Revision
The SIP revision incorporates Pennsylvania's low-sulfur fuel oil
provisions which apply to the owners and/or operators of the following:
(1) Refineries; (2) pipelines; (3) terminals; (4) retail outlet fuel
storage facilities and ultimate consumers; (5) commercial and
industrial facilities; and (6) facilities with a unit burning regulated
fuel oil to produce electricity and domestic home heaters. The SIP
revision implements low-sulfur fuel oil provisions that will reduce the
amount of sulfur in fuel oils used in combustion units and amends
[[Page 39331]]
associated definitions, sampling and test methods, and recordkeeping
and recording provisions. The low-sulfur fuel oil provisions will aid
in reducing SO2 emissions and the formation of sulfates that
cause decreased visibility. EPA believes that these regulations will
decrease SO2 emissions in the Commonwealth from certain fuel
combustion sources and therefore strengthen the Pennsylvania SIP. EPA
also believes that the additional SO2 emission reductions
and reductions in sulfates from Pennsylvania sources will assist the
Commonwealth in achieving further reasonable progress towards reducing
regional haze.\1\ The rationale for EPA's proposed action is explained
in the NPR and will not be restated here. Relevant support documents
for this action are available online at http://www.regulations.gov,
Docket number EPA-R03-OAR-2013-0241.
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\1\ EPA originally finalized a limited approval of the
Pennsylvania regional haze SIP on July 13, 2012. 77 FR 41279. Our
approval was limited due to Pennsylvania's reliance upon the Clean
Air Interstate Rule (CAIR) for certain emission requirements for
electric generating units. In response to a petition for review of
that final action in the United States Court of Appeals for the
Third Circuit, EPA successfully moved for a voluntary remand without
vacatur. On April 30, 2014, EPA reissued its final limited approval
of the Pennsylvania SIP to implement the Commonwealth's regional
haze program for the first planning period through 2018. 79 FR
24340. EPA is approving Pennsylvania's SIP revision to incorporate
the low-sulfur fuel oil regulations as a SIP strengthening measure
and not to address any specific regional haze requirements in the
CAA or in 40 CFR 51.308.
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III. Summary of Public Comment and EPA Response
Comment: NJDEP commented that Pennsylvania's SIP revision, which
incorporates low-sulfur fuel oil regulations to reduce the sulfur
content of distillate fuel oil to 500 parts per million (ppm), is not
consistent with standards adopted by nearby states, which limit sulfur
content to 15 ppm. NJDEP stated that a sulfur-content standard of 15
ppm would be consistent with the standard set in the Mid-Atlantic/
Northeast Visibility Union (MANE-VU)'s agreement on measures to control
air pollutants that contribute to regional haze. NJDEP expressed
concern that Pennsylvania's adoption of a higher sulfur-content
standard of 500 ppm may jeopardize continued progress to improve
visibility levels at the Brigantine Wilderness Area (Brigantine). NJDEP
stated that a sulfur-content standard of 15 ppm for distillate fuel oil
is a reasonable, cost-effective air pollution control measure necessary
to ensure that the reasonable progress goals (RPGs) at Brigantine are
met in the future. NJDEP also stated that a lower sulfur-content
standard of 15 ppm is a reasonable, cost-effective control measure for
SO2 and fine particulates and ``would make for a more
widely-marketable fuel across the northeastern and mid-Atlantic United
States.'' Further, NJDEP stated that in EPA's proposed approval of the
Pennsylvania regional haze SIP, ``Pennsylvania reports that sulfur
dioxide emission reductions from the closure of the Portland Power
[P]lant in northeastern Pennsylvania will offset sulfur dioxide
emissions expected from a 500 ppm sulfur content in distillate fuel oil
in Pennsylvania.'' NJDEP commented that, on the contrary, lowering the
sulfur content in distillate oil to 15 ppm would have a greater impact
on visibility at Brigantine than reductions at Portland because
emission reductions would occur over a widespread area from a large
number of sources, especially from fuel-burning sources in metropolitan
Philadelphia, which is frequently upwind of Brigantine.
Response: EPA appreciates NJDEP's comment on the SIP revision and
acknowledges that Pennsylvania is a member state in MANE-VU.
Pennsylvania participated fully in the MANE-VU consultation process,
which resulted in a course of action for all participating states to
reduce emissions to collectively meet the RPGs in the MANE-VU
region.\2\ The MANE-VU ``Ask'' provided the MANE-VU states, including
Pennsylvania, with up to ten years to pursue adoption and
implementation of reasonable and cost-effective nitrogen oxides
(NOX) and SO2 emissions reduction measures. In
its regional haze SIP, Pennsylvania stated that it ``will pursue these
measures, as appropriate and necessary, and in five years at the time
of Pennsylvania's first periodic SIP report, expects to report on
progress toward adoption of these measures by 2018.'' With respect to
the low-sulfur fuel strategy, the MANE-VU ``Ask'' established two sets
of goals, one for the ``inner zone'' states of the MANE-VU region
(Delaware, New Jersey, New York, and Pennsylvania, or portions thereof)
and one goal for the ``outer zone'' states. The ``inner zone'' goals
contained more aggressive compliance schedules and sulfur-content
limits than the ``outer zone'' goals. Nevertheless, states in the
``inner zone'' could choose to comply with the ``outer zone'' goals if
they experienced supply disruption issues, and the ``Ask'' effectively
provided all states until 2018 to complete the implementation of their
low-sulfur fuel strategies. Consistent with this approach, Pennsylvania
indicated in its regional haze SIP that, ``[b]ased on supply concerns,
Pennsylvania will pursue a strategy that will not be less stringent
than the outer zone strategy and would meet the sulfur content emission
limits listed above by 2018.''
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\2\ See ``Statement of the Mid-Atlantic/Northeast Visibility
Union (MANE-VU) Concerning a Course of Action within MANE-VU toward
Assuring Reasonable Progress'' (January 20, 2007), also known as the
MANE-VU ``Ask,'' in Appendix M of the December 20, 2010 Pennsylvania
regional haze SIP submission available in the docket for EPA's
rulemaking approving the Pennsylvania regional haze SIP at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2012-0002.
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On July 13, 2012, EPA finalized a limited approval of the
Pennsylvania regional haze SIP (77 FR 41279). Subsequently,
Pennsylvania submitted its February 25, 2013 SIP revision to EPA that
included low-sulfur fuel regulations that met the ``outer zone''
strategy requirements and therefore do not require the sulfur content
of distillate oil be reduced to 15 ppm.\3\ As EPA explained in detail
in the technical support document (TSD) \4\ that accompanied our July
13, 2012 limited approval of the Pennsylvania regional haze SIP,
Pennsylvania had secured an additional 23,051 tons in SO2
reductions that were not anticipated at the time of the MANE-VU
``Ask.'' When these reductions are considered in combination with
reductions that will result from Pennsylvania's low-sulfur fuel
regulations, EPA believes that a 15 ppm limit on distillate oil is no
longer ``appropriate and necessary'' to achieve the goals of the MANE-
VU ``Ask'' during the first planning period ending in 2018.
Consequently, EPA believes that the Pennsylvania regional haze SIP
includes all measures necessary to obtain its share of the emission
reductions needed to meet the RPGs of downwind states including New
Jersey's and therefore has met the requirements of 40 CFR
51.308(d)(3)(ii). See 79 FR
[[Page 39332]]
24340 (April 30, 2014) (reissuing limited approval of Pennsylvania's
regional haze SIP). However, EPA recognizes that a 15 ppm sulfur
content limit for distillate oil, if subsequently implemented, would
provide further SO2 emissions reductions from Pennsylvania
sources and further reasonable progress towards the national goal of
remedying visibility impairment in Class I areas.
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\3\ Pennsylvania's low-sulfur fuel oil regulations include a
compliance date in 2016. The MANE-VU ``Ask'' provided for ``outer
zone'' states to implement a low-sulfur fuel oil strategy by 2014
and ``to further reduce the sulfur content of distillate oil to 15
ppm by 2018, depending on supply availability.'' See Pennsylvania's
December 20, 2010 regional haze SIP, Appendix M (MANE-VU ``Ask'').
Pennsylvania cited concerns with desulfurization capacity at
refineries when publishing its low-sulfur fuel oil regulations with
the 500 ppm sulfur limit for distillate oil and 2016 compliance
date. See 43 Pa. B. 806 (February 9, 2013).
\4\ See ``Technical Support Document (TSD) for the Pennsylvania
Regional Haze State Implementation Plan--Mid Atlantic and Northeast
Visibility Union (MANE-VU) `Asks' Reasonable Progress Goals''
(January 17, 2012) available in the docket for EPA's rulemaking
approving the Pennsylvania regional haze SIP at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2012-0002.
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As EPA explained in the NPR for this rulemaking action, EPA
believes these regulations strengthen the Pennsylvania SIP and provide
additional SO2 and sulfate reductions that supplement
reductions from the Pennsylvania regional haze SIP. Therefore, EPA
concludes that the adoption of a low-sulfur fuel oil strategy will
provide Pennsylvania additional emission reductions furthering progress
towards reducing emissions that contribute to visibility impairment and
furthering reasonable progress in the first implementation period
towards RPGs for Class I areas outside the Commonwealth affected by
emissions from Pennsylvania's sources. While EPA appreciates NJDEP's
comment that 15 ppm distillate fuel oil is a reasonable, cost-effective
control measure, EPA has concluded that a 15 ppm limit on distillate
oil is no longer ``appropriate and necessary'' for Pennsylvania to
achieve the goals of the MANE-VU ``Ask'' during the first planning
period ending in 2018.
While it is possible that a 15 ppm distillate fuel oil standard may
result in greater visibility improvement at Brigantine than the closure
of Portland as NJDEP alleges, EPA previously concluded in its TSD
supporting approval of Pennsylvania's regional haze SIP that
Pennsylvania's delay in implementing low-sulfur fuel oil regulations
was not anticipated to interfere with the ability of other states to
meet their respective RPGs.\5\ Based on our previous approval of
Pennsylvania's regional haze SIP, and particularly upon our conclusion
that a 15 ppm limit on distillate oil is no longer ``appropriate and
necessary'' to achieve the goals of the MANE-VU ``Ask,'' EPA believes
the approved Pennsylvania regional haze SIP adequately addresses
visibility impacts from Pennsylvania emission sources on Class I areas
outside the Commonwealth, including Brigantine, for the first
implementation period and ensures sufficient emission reductions for
Class I area states to meet their RPGs. See 77 FR 41279 and 79 FR
24340. Any significant changes in emissions of visibility-impairing
pollutants or impacts at Class I areas can be addressed when
Pennsylvania evaluates its progress made in the first implementation
period towards RPGs for the Class I areas outside the Commonwealth
affected by emissions from Pennsylvania's sources as required by 40 CFR
51.308(g). If Pennsylvania's assessment determines an adjustment to its
SIP is necessary to ensure reasonable progress, EPA regulations require
a SIP revision within a year of the five-year progress report. See 40
CFR 51.308(h)(4).
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\5\ EPA notes that it was our conclusion in the TSD supporting
approval of Pennsylvania's regional haze SIP, and not
Pennsylvania's, that additional SO2 emission reductions
from Federally enforceable measures at point sources such as the
Portland Power Plant supported our conclusion that the delay in
implementing a low-sulfur fuel oil strategy was not anticipated to
interfere with the ability of other states to meet their respective
RPGs.
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Finally, EPA appreciates NJDEP's comment regarding potential
increased availability and marketability of lower sulfur distillate
fuel oil if Pennsylvania were to implement a 15 ppm sulfur-content
standard. However, this comment is not relevant to this rulemaking
action and no further response is required.
IV. Final Action
EPA has determined that the revisions made to 25 Pa. Code Chapters
121, 123, and 139 meet the SIP revision requirements of the CAA and is
approving the amendments to Pennsylvania's regulations for commercial
fuel oil sulfur limits for combustion units.
V. Statutory and Executive Order Reviews
A. General Requirements
This action, which makes a determination of attainment based on air
quality, will result in the suspension of certain Federal requirements
and/or will not impose any additional requirements beyond those imposed
by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rulemaking action does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the determination is not approved to apply
in Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it
[[Page 39333]]
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action, approving the implementation of low-sulfur fuel oil
provisions that will reduce the amount of sulfur in fuel oils used in
combustion units in Pennsylvania, may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
Therefore, 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.2020, the paragraph (c)(1) table is amended by revising
the entries for Title 25, Chapters 121, 123, and 139, Sections 121.1,
123.22, 139.4, and 139.16 and adding entries for Title 25, Chapter 123,
Sections 123.22(f) and 123.22(g) to read as follows:
Sec. 52.2020 Identification of plan.
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(c) * * *
(1) * * *
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State Additional
State citation Title/subject effective EPA approval date explanation/ Sec.
date 52.2063 citation
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Title 25--Environmental Protection Article III--Air Resources
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Chapter 121--General Provisions
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Section 121.1.................... Definitions......... 02/09/13 07/10/14 [insert Added and amended
Federal Register definitions.
citation].
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Chapter 123--Standards for Contaminants
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Section 123.22................... Combustion units. 02/09/13 07/10/14 [insert Amended sections
[General Federal Register 123.22(a),
provisions--air citation]. 123.22(b),
basins and non-air 123.22(c),
basins. 123.22(d), and
123.22(e).
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Section 123.22(f)................ Combustion units-- 02/09/13 07/10/14 [insert New section.
Sampling and Federal Register
testing. citation].
Section 123.22(g)................ Combustion units-- 02/09/13 07/10/14 [insert New section
Recordkeeping and Federal Register
reporting. citation].
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Chapter 139--Sampling and Testing
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Section 139.4.................... References.......... 02/09/13 07/10/14 [insert Amended and added
Federal Register references.
citation].
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Section 139.16................... Sulfur in fuel oil.. 02/09/13 07/10/14 [insert Amended to add cross
Federal Register references.
citation].
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[FR Doc. 2014-16087 Filed 7-9-14; 8:45 am]
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