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Limited Suspension of Enforcement of the Commercial Fuel Oil Sulfur Limit Requirements for Combustion Units for Certain Distributors and Retail Outlets (25 Pa. Code § 123.22)

[46 Pa.B. 2474]
[Saturday, May 14, 2016]

 The Department of Environmental Protection (Department) announces that beginning July 1, 2016, and ending December 31, 2016, the Department will suspend enforcement of the 500 parts per million (ppm) sulfur fuel content requirement for No. 2 and lighter commercial fuel oil for certain ''distributors'' and ''retail outlets,'' as defined in 25 Pa. Code § 121.1 (relating to definitions). This suspension applies to the transfer and use of No. 2 and lighter commercial fuel oil stored by the distributor or retail outlet in this Commonwealth as of May 14, 2016, that exceeds 500 ppm but that does not exceed the current regulatory limit of 0.5% sulfur by weight (5,000 ppm). This suspension of enforcement does not cover commercial fuel oil received by the distributor or retail outlet after May 14, 2016. This suspension does not cover distributors that distribute commercial fuel oil by pipeline. This suspension does not supersede conditions in any air quality plan approval or operating permit.

 Under 25 Pa. Code § 123.22 (relating to combustion units), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil if it exceeds the specified sulfur content, published at 43 Pa.B. 806 (February 9, 2013) and corrected at 43 Pa.B. 2140 (April 20, 2013). For No. 2 and lighter commercial fuel oil, the regulation imposes a maximum allowable sulfur content of 500 ppm beginning July 1, 2016. However, due to the unusually warm winter of 2015-2016, remaining inventories of commercial fuel oil exceeding 500 ppm are larger than anticipated. For that reason, the Department is announcing this transitional period during which it will exercise enforcement discretion on a limited basis for these existing inventories. Enforcement is not being suspended for any other requirements of 25 Pa. Code § 123.22, including recordkeeping requirements.

 A distributor or retail outlet covered by this limited suspension of enforcement must maintain onsite adequate records to document the quantity of No. 2 and lighter commercial fuel oil stored by the distributor or retail outlet in this Commonwealth on May 14, 2016, that exceeds 500 ppm. The records shall be made available to the Department upon request.

 This suspension also applies to No. 2 and lighter commercial fuel oil received by the ''ultimate consumer,'' as defined in 25 Pa. Code § 121.1, on or before December 31, 2016.

 The commercial fuel oil sulfur limit requirements codified in 25 Pa. Code § 123.22 are incorporated in Pennsylvania's State Implementation Plan (SIP) approved by the United States Environmental Protection Agency at 40 CFR 52.2020 (relating to identification of plan), published at 79 FR 39330 (July 10, 2014). The Department's exercise of enforcement discretion does not protect an owner or operator of a subject distributor or retail outlet from the possibility of legal challenge by third persons under 25 Pa. Code § 123.22 or the Commonwealth's approved SIP.

 For more information or questions concerning combustion unit commercial fuel oil sulfur limit requirements, contact Susan Foster, Environmental Program Manager for the Division of Compliance and Enforcement, Bureau of Air Quality at (717) 772-3369 or sufoster@pa.gov.

JOHN QUIGLEY, 
Secretary

[Pa.B. Doc. No. 16-829. Filed for public inspection May 13, 2016, 9:00 a.m.]



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