pennsyLvania 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

SECRETARY 

February 25, 2013 

Mr. Shawn Garvin 

Regional Administrator 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street (Mail Code: 3RAOO) 

Philad�elPhia PA 19103-2029 

�f\ 

Dear in: 

Enclosed for your approval is a revision to Pennsylvania's State Implementation Plan (SIP) 

concerning amendments to 25 Pa. Code Chapters 121, 123 and 139 (relating to general 

provisions; standards for contaminants; and sampling and testing) for Commercial Fuel Oil 

Sulfur Limits for Combustion Units. 

The submittal includes two paper copies and one compact disk of a [mal rulemaking that amends 

the existing regulation under § 123.22 (relating to combustion units) to lower the allowable 

sulfur content limits of commercial fuel oil and replace the existing area-specific sulfur content 

limits for commercial fuel oils with a statewide sulfur limit; adds provisions for sampling and 

testing, and recordkeeping and reporting, to § 123.22; revises the sampling and testing 

requirements in §§ 139.4 and 139.16 (relating to references; and sulfur in fuel oil); and adds one 

new term to § 121.1 (relating to definitions) and amends the definitions of eight existing terms. 

This SIP revision submission includes copies of the [mal rulemaking notice published in the 

Pennsylvania Bulletin on February 9, 2013 (43 Pa.B. 806), documentation of the public 

participation process including proof of public notice, and the Department of Environmental 

Protection's public comment and response docnment. Should you have questions regarding this 

SIP revision, please contact Dean E. Van Orden, Assistant Director of the Bureau of Air Quality, 

by e-mail at dvanorden@pa.gov or by / at 717.787.9702. 

�Y:Y;�/ �� / � ;;:

/ // // /; 

" L.-

-----

ichael 1. Kra1'ie \ 

Secretary 

Enclosures 

Rachel Carson State Office Building I P.O. Box 2063 I Harrisburg, PA 17105-2063 

717.787.2814 

Printed G'I Recycled Paper ,{J2z\ \{'J(ij 

www.depweb.state.pa.U5 
RULES AND REGULATIONS

Title 25—ENVIRONMENTAL

PROTECTION

ENVIRONMENTAL QUALITY BOARD

[ 25 PA. CODE CHS. 121, 123 AND 139 ]

Commercial Fuel Oil Sulfur Limits for Combustion

Units

The Environmental Quality Board (Board) amends

Chapters 121, 123 and 139 (relating to general provisions;

standards for contaminants; and sampling and testing) to

read as set forth in Annex A. This final-form rulemaking

lowers the allowable sulfur content limits of commercial

fuel oils used in oil-burning combustion units in this

Commonwealth and replaces the existing geographic

area-specific sulfur content limits for commercial fuel oils

with a Statewide sulfur limit.

This order was adopted by the Board at its meeting of

October 16, 2012.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

This final-form rulemaking will be submitted to the

United States Environmental Protection Agency (EPA) for

approval as a revision to the Pennsylvania State Implementation Plan (SIP) upon publication.

B. Contact Persons

For further information, contact Dean Van Orden,

Assistant Director, Bureau of Air Quality, 12th Floor,

Rachel Carson State Office Building, P. O. Box 8468,

Harrisburg, PA 17105-8468, (717) 787-9702; or Kristen

Furlan, Assistant Director, Bureau of Regulatory Counsel,

9th Floor, Rachel Carson State Office Building, P. O. Box

8464, Harrisburg, PA 17105-8464, (717) 787-7060. Persons

with a disability may use the Pennsylvania AT&T Relay

Service, (800) 654-5984 (TDD users) or (800) 654-5988

(voice users). This final-form rulemaking is available

through the Department of Environmental Protection’s

(Department) web site at www.depweb.state.pa.us.

C. Statutory Authority

This action is being taken under the authority of

section 5(a)(1) of the Air Pollution Control Act (APCA) (35

P. S. § 4005(a)(1)), which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth, and section (5)(a)(8) of the APCA, which grants

the Board the authority to adopt rules and regulations

designed to implement the Clean Air Act (CAA) (42

U.S.C.A. §§ 7401—7671q).

D. Background and Summary

Combustion of sulfur-containing commercial fuel oils

releases sulfur dioxide (SO2) emissions, which contribute

to the formation of regional haze and fine particulate

matter (PM2.5), both of which are serious public welfare

and human health threats. Regional haze is visibility

impairment that is produced by a multitude of sources

and activities that emit fine particles and their precursors

and which are located across a broad geographic area.

Fine particles have a diameter smaller than 2.5 micrometers (PM2.5). Particles affect visibility through the scattering and absorption of light and PM2.5—particles similar

in size to the wavelength of light—are most efficient, per

unit of mass, at reducing visibility. Regional haze affects

urban and rural areas, including National parks, forests

and wilderness areas (Federal Class I areas).

SO2 is the most significant pollutant involved in the

formation of regional haze. SO2 emissions oxidize in the

atmosphere to form sulfate particles. Visibility impairment, including regional haze, in rural areas of eastern

North America is mostly due to sulfate particles according

to the 2006 Contribution Assessment prepared by the

Mid-Atlantic/Northeast Visibility Union (MANE-VU).

Contributions to Regional Haze in the Northeast and

Mid-Atlantic United States, MANE-VU Contribution Assessment, August 2006, p. 2—4.

In 1977, Congress added section 169A of the CAA (42

U.S.C.A. § 7491), regarding visibility protection for Federal Class I areas, to set a National goal of the ‘‘prevention of any future, and the remedying of any existing,

impairment of visibility in mandatory class I Federal

areas which impairment results from manmade air pollution.’’ See section 169A(a)(1) of the CAA. In 1990, Congress added section 169B of the CAA (42 U.S.C.A.

§ 7492), regarding visibility, to authorize further research

and regular assessments of the progress made so far

toward the National visibility goals.

The National Academy of Sciences concluded in 1993

that the average visual range in the eastern United

States has been reduced to approximately 30 kilometers

or 1/5 of the visual range that would exist under natural

conditions. (Committee on Haze in National Parks and

Wilderness Areas, National Research Council, National

Academy of Sciences, Protecting Visibility in National

Parks and Wilderness Areas, Washington, D.C., 1993.)

The EPA published its initial regulations setting forth

states’ requirements to reduce regional haze at 64 FR

35714 (July 1, 1999). The regulations aimed to achieve

the National visibility goal set by the CAA by 2064. The

EPA published final regional haze regulations at 70 FR

39104 (July 6, 2005) and later amended them. The

regulations are codified in 40 CFR Part 51, Subpart P

(relating to protection of visibility). The EPA’s regulations

require all states, even those that do not contain a

Federal Class I area, to submit a revision to their SIP

containing emission reduction strategies to improve visibility in Class I areas that their emissions affect.

The EPA regulations require states to demonstrate

reasonable progress toward meeting the National goal of

a return to natural visibility conditions by 2064. States

with Class I areas must establish reasonable progress

goals, expressed in deciviews, for visibility improvement

at each Class I area. (The lower the deciview value, the

better the perception of visibility.) The first set of reasonable progress goals shall be met through measures in

each state’s long-term strategy covering the period from

the present until 2018. A long-term strategy includes

enforceable emissions limitations, compliance schedules

and other measures as necessary to achieve the reasonable progress goals.

States are required to evaluate progress toward reasonable progress goals every 5 years to assure that emissions

controls are on track with emissions reduction forecasts

in the SIP. The first progress report is due 5 years from

the submittal of the initial implementation plan. If

806

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
emissions controls are not on track to meet SIP forecasts,

then a state would need to take action to assure emissions controls by 2018 would be consistent with the SIP

or to revise the SIP to be consistent with the revised

emissions forecast.

The Commonwealth is a member of the MANE-VU,

established in 2000 as the regional planning organization

to help the northeast states plan for their Regional Haze

SIP submittals. The MANE-VU states are Connecticut,

Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,

Vermont and the District of Columbia. Native American

tribes in the region, the EPA, the United States Fish and

Wildlife Service and the United States Forest Service are

also members.

Although this Commonwealth does not have a mandatory Class I Federal area, emissions from this Commonwealth are considered to impact the seven mandatory

Class I Federal areas in the MANE-VU region. In

addition, the emissions from this Commonwealth are

considered to impact the Dolly Sods Wilderness Area in

West Virginia and Shenandoah National Park in Virginia.

MANE-VU evaluated several large source categories for

their contribution to the MANE-VU SO2 emission inventory, including electric generating units (EGU), residential and commercial oil heat burners and furnaces, and

industrial/commercial/institutional (ICI) boilers. The

Northeast States for Coordinated Air Use Management

(NESCAUM) performed this evaluation for MANE-VU in

2005 using 2002 data, which was the most current

information available at the time of the study. While

EGUs are by far the largest source of SO2 emissions in

the MANE-VU region at 71%, SO2 emissions from the

burning of sulfur-containing commercial fuel oil in residential and commercial combustion units, combined and

in ICI boilers, each contribute about 7% to the MANE-VU

SO2 emission inventory, for a total of 14%. In this

Commonwealth, commercial fuel oil combustion in residential and commercial combustion units contributes

between 2% and 3% of SO2 emissions in the MANE-VU

region, depending on the season. The NESCAUM evaluation indicates that the anticipated annual SO2 emission

reduction benefits in this Commonwealth would be approximately 25,000 tons when the final-form low-sulfur

content limits for commercial fuel oils are fully implemented.

MANE-VU identified the reduction of sulfur limits in

commercial fuel oils used in residential and commercial

combustion units as a cost effective strategy for reducing

regional haze and adopted a statement in which member

states agreed to pursue this strategy. The Department

evaluated the NESCAUM studies and MANE-VU recommendations and determined that the recommended lowsulfur content limits for commercial fuel oil were appropriate measures to be pursued in this Commonwealth as

part of the regional strategy to improve visibility. Lowering the sulfur content in commercial fuel oil sold for and

used in combustion units in this Commonwealth would

contribute to the MANE-VU goals of improving visibility

in the region’s mandatory Class I Federal areas. Actions

taken as part of the Commonwealth’s obligations for

reducing haze on a regional level would also improve

visibility in this Commonwealth’s recreational and urban

areas.

The existence of PM2.5 in the atmosphere not only

produces regional haze but also has significant adverse

health effects. Epidemiological studies have shown a

significant correlation between elevated PM2.5 levels and

premature mortality. Other important health effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions, emergency room visits,

absences from school or work and restricted activity

days), lung disease, decreased lung function, asthma

attacks and certain cardiovascular problems. Individuals

particularly sensitive to PM2.5 exposure include older

adults, people with heart and lung disease and children.

The EPA set health-based (primary) and welfare-based

(secondary) PM2.5 annual National Ambient Air Quality

Standards (NAAQS) at a level of 15 micrograms per cubic

meter (μg/m3). See 62 FR 38652 (July 18, 1997). The

24-hour NAAQS was subsequently revised in October

2006 to a concentration of 35 μg/m3. See 71 FR 61144

(October 17, 2006). The EPA designated the following

counties or portions thereof as being in nonattainment of

either the annual or the 24-hour PM2.5 standard, or both:

Allegheny (Liberty-Clairton); Allegheny (remainder);

Armstrong; Berks; Beaver; Bucks; Butler; Cambria;

Chester; Cumberland; Dauphin; Delaware; Greene (partial); Indiana (partial); Lancaster; Lawrence (partial);

Lebanon; Lehigh; Montgomery; Northampton; Philadelphia; Washington; Westmoreland; and York. All areas

except the Liberty-Clairton area are measuring air quality that meets both existing PM2.5 standards, but to be

designated as attainment, the EPA must approve a plan

that demonstrates the area can maintain the standard

through 2025.

On June 29, 2012, the EPA found that the existing

annual PM2.5 standard is not protective of public health

and proposed a more protective primary standard to be

set between 12-13 μg/m3

. See 77 FR 38890 (June 29,

2012). The EPA further proposed a new more protective

secondary standard for visibility of either 28 or 30

deciviews (a measure of visibility impairment); the

Pittsburgh-Beaver Valley area was one of the few that the

EPA projected would need additional reductions by 2020

to meet this proposed standard.

The EPA finalized the PM2.5 rulemaking on December

14, 2012, strengthening the annual primary standard,

reduced to 12.0 μg/m3 effective March 18, 2013, and

retaining the existing 24-hour PM2.5 standard at a level

of 35 μg/m3

. The EPA further retained the existing

secondary standards for PM2.5 to address PM-related

effects such as visibility impairment. The EPA stated that

it was relying on the existing secondary 24-hour PM2.5

standard to protect against visibility impairment and was

not finalizing the separate proposed standard to protect

visibility the EPA proposed in June 2012. See 78 FR 3086

(January 15, 2013).

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.

There are several important cobenefits of this finalform rulemaking, including reducing SO2 emissions that

could lead to violations of the 1-hour SO2 standard as

well as reducing PM2.5 and nitrogen oxides (NOx) emissions. Emissions of NOx, which contribute to a number of

public health and environmental problems in the northeast, including unhealthy levels of PM2.5 and ground-level

ozone, are another product of combustion and will also

decrease with the use of low sulfur-content commercial

fuel oil due to furnace and boiler efficiency improvements.

RULES AND REGULATIONS 807

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
Emissions of carbon dioxide (CO2), a greenhouse gas,

should also decrease due to improved furnace and boiler

combustion efficiency.

Ozone is a serious human and animal health and

welfare threat, causing or contributing to respiratory

illnesses and decreased lung function, agricultural crop

loss, visible foliar injury to sensitive plant species and

damage to forests, ecosystems and infrastructure. In

March 2008, the EPA lowered the ozone NAAQS from

0.080 parts per million (ppm) to 0.075 ppm averaged over

8 hours to provide even greater protection for children,

other at-risk populations and the environment against

the array of ozone-induced adverse health and welfare

effects. See 73 FR 16436 (March 27, 2008). In April 2012,

the EPA designated five areas in this Commonwealth as

nonattainment for the 2008 ozone NAAQS. These areas

include Allegheny, Armstrong, Berks, Beaver, Bucks, Butler, Carbon, Chester, Delaware, Fayette, Lancaster,

Lehigh, Montgomery, Northampton, Philadelphia, Washington and Westmoreland Counties.

This final-form rulemaking is designed to lower the

allowable sulfur content limits of commercial fuel oils

used in oil-burning combustion units in this Commonwealth and to replace the existing area-specific sulfur

content limits for commercial fuel oils with a Statewide

sulfur limit. The final-form rulemaking will reduce the

levels of sulfur in commercial fuel oils used in residential

and commercial oil heat burners and furnaces, and in ICI

boilers. Section 123.22 (relating to combustion units)

regulates Nos. 2, 4, 5 and 6 commercial fuel oils. No. 2

and lighter commercial fuel oil is generally used for

residential and commercial heating. Nos. 4, 5 and 6 and

heavier commercial fuel oils are used in ICI boilers.

The final-form rulemaking applies to the owner or

operator of refineries, pipelines, terminals, retail outlet

fuel storage facilities and ultimate consumers, including

commercial and industrial facilities, facilities with a unit

burning regulated fuel oil to produce electricity and

domestic home heaters. The requirements focus on persons or entities that ‘‘offer for sale, deliver for use,

exchange in trade or permit the use of commercial fuel

oil.’’ These are the suppliers and operations selling to the

ultimate consumer. Recordkeeping or reporting is not

required of the ultimate consumer receiving commercial

fuel oil for use at a private residence or an apartment or

condominium building that houses private residents; they

only need to buy and use compliant commercial fuel oil.

In response to comments received during the official

public comment period on the proposed rulemaking and

following the Department’s review of other related information, the Department prepared a draft final-form rulemaking for public comment. 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. An Advance Notice

of Final Rulemaking (ANFR) was published at 42 Pa.B.

3596 (June 23, 2012). The most significant changes made

in the draft final-form rulemaking include 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.

There are additional significant changes to the finalform rulemaking, including the following changes to the

temporary suspension provisions: (1) a requirement that

the requestor identify the nonair basin county or counties,

or the air basin, for which a temporary suspension or

increase is requested; (2) a requirement that the Department may not grant a temporary suspension or increase

unless the Department determines that the circumstances

leading to the insufficiency are due to events that could

not have been reasonably foreseen or prevented and that

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 or air basin; and (3) a 60-day

limit of the term of a temporary suspension or increase.

Other changes are described as follows.

The Department worked with the Air Quality Technical

Advisory Committee (AQTAC) in the development of this

final-form rulemaking. The Department discussed the

ANFR with AQTAC at the June 14, 2012, meeting. At the

September 12, 2012, meeting, AQTAC concurred with the

Department’s recommendation to advance the regulation

to the Board for consideration as a final-form rulemaking.

The Department also conferred with the Citizens Advisory Council Air Committee concerning the final-form

rulemaking on August 29, 2012, and with the Small

Business Compliance Advisory Committee on July 25,

2012.

E. Summary of Final-Form Rulemaking and Changes

from Proposed to Final-Form Rulemaking

The final-form rulemaking adds a definition to § 121.1

(relating to definitions) for one new term and amends the

definitions of eight existing terms to provide clarity and

support the amendments to Chapter 123. The final-form

rulemaking adds ‘‘ultimate consumer’’ because this term

is used elsewhere in the final-form rulemaking. The

final-form rulemaking amends definitions of ‘‘commercial

fuel oil’’ and ‘‘noncommercial fuel’’ to synchronize them.

The Board changed ‘‘fuel oil-burning equipment,’’ used in

the definition of ‘‘commercial fuel oil’’ in the proposed

rulemaking, to ‘‘combustion unit’’ in the final-form rulemaking.

The final-form rulemaking expands the definition of

‘‘carrier’’ so that it applies when commercial fuel oil is

carried. The final-form rulemaking amends the definition

of ‘‘distributor’’ so that it applies when commercial fuel oil

is distributed and to broaden the list of transferees. The

final-form rulemaking similarly expands the definitions of

‘‘retail outlet’’ and ‘‘terminal.’’ The final-form rulemaking

provides more specificity to the definitions of ‘‘transferee’’

and ‘‘transferor’’ by listing examples of persons and

entities included in the definition. In a change from the

proposed rulemaking, the final-form rulemaking specifies

that certain portions of the definitions of ‘‘distributor,’’

‘‘transferee’’ and ‘‘transferor’’ are applicable for purposes

of § 123.22 so as not to cause confusion in other Department regulations that use the same term in a different

context.

The definition of ‘‘ASTM,’’ which appeared in § 121.1 in

the proposed and draft final-form rulemakings has not

been adopted. This information that had been in the

proposed and draft final-form definition now appears in

final-form § 139.4 (relating to references).

808 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
The final-form rulemaking amends and adds two subsections to § 123.22. Subsection (a) applies to nonair

basin areas. Air basins are defined geographically in

§ 121.1. The amendments to subsection (a) make minor

editorial revisions to the general provision in paragraph

(1). In a change from the proposed rulemaking, the

final-form rulemaking expresses the sulfur limits as

maximum allowable sulfur content. In another change

from the proposed rulemaking, the final-form rulemaking

expresses the new maximum allowable sulfur contents

both in ppm by weight and percentage by weight. Another

change from the proposed rulemaking is that the finalform rulemaking reduces the maximum allowable sulfur

content for commercial fuel oil in paragraph (2)(i) to 500

ppm for No. 2 and lighter commercial fuel oils. This is

consistent with the level in the draft final-form rulemaking made public in the ANFR, which was an increase

from the proposed level of 15 ppm. Consistent with the

proposed rulemaking, the final-form rulemaking reduces

the maximum allowable sulfur content of commercial fuel

oil in paragraph (2)(i) to 2,500 ppm or 0.25% sulfur

content by weight for No. 4 commercial fuel oil and 5,000

ppm or 0.5% sulfur content by weight for Nos. 5 and 6

and heavier commercial fuel oils. In the proposed rulemaking, the new limits would have taken effect May 1,

2012. In the final-form rulemaking, the compliance date

is July 1, 2016. The final-form rulemaking reinstates the

existing percent sulfur limits that would have been

removed by the proposed rulemaking, now expressed as

maximum allowable % sulfur by weight, through June 30,

2016. On and after July 1, 2016, a person is not

authorized to offer for sale, deliver for use, exchange in

trade or permit the use of a noncomplying commercial

fuel oil in a nonair basin.

Amendments to § 123.22(a)(2) contain two exceptions.

The first exception allows commercial fuel oil that is

stored in this Commonwealth by the ultimate consumer

prior to July 1, 2016, which met the applicable maximum

sulfur content identified for the commercial fuel oil

through June 30, 2016, to be used by the ultimate

consumer in this Commonwealth after that date. The

main difference from the proposed rulemaking is the

cut-off date.

The second exception authorizes the Department to

temporarily suspend or increase the applicable maximum

allowable sulfur content for a commercial fuel oil if the

Department determines that an insufficient quantity of

compliant commercial fuel oil is reasonably available in a

nonair basin area. Changes from proposed to final-form

rulemaking add additional criteria for granting a suspension, limit the term of a suspension to 60 days and delete

the condition that the Department obtain the written

concurrence of the EPA Administrator. The changes from

proposed to final-form rulemaking include the addition of

a requirement to specify in the application the nonair

basin county or counties or the air basin for which a

suspension or increase is requested. The Department may

not grant a temporary suspension or increase unless the

Department determines that an insufficient quantity of

compliant commercial fuel oil is reasonably available in

the specified nonair basin area. As a change from proposed to final-form rulemaking, the amendments also

state that the Department may not grant a temporary

suspension or increase unless the Department determines

that the circumstances leading to the insufficiency are

due to events that could not have been reasonably

foreseen or prevented and that 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. The final-form rulemaking clarifies that the

transferor may not distribute the noncompliant commercial fuel oil into or within the specified nonair basin area

unless and until the Department approves the request in

writing.

The final-form rulemaking amends the equivalency

provision in § 123.22(a)(3) to provide greater clarity. The

equivalency provision requires an equivalent amount of

emission reductions when equipment or a process is used

to reduce sulfur emissions from the burning of a fuel with

a higher sulfur content than that specified in

§ 123.22(a)(2).

The final-form rulemaking makes similar amendments

to the remaining four subsections of § 123.22. Subsection

(b) applies to the following air basins: Erie; Harrisburg;

York; Lancaster; and Scranton, Wilkes-Barre. Subsection

(c) applies to the following air basins: Allentown,

Bethlehem, Easton; Reading; Upper Beaver Valley; and

Johnstown. Subsection (d) applies to the Allegheny

County, Lower Beaver Valley and Monongahela Valley air

basins. Subsection (e) applies to the Southeast Pennsylvania air basin. Each of these air basins is defined in

§ 121.1. In subsection (d), the final-form rulemaking adds

maximum allowable sulfur content limits because no

limits pre-existed this final-form rulemaking, as well as

the equivalency provision.

The final-form rulemaking adds § 123.22(f) to establish

sampling and testing requirements for refinery and terminal owners and operators to ensure compliance with the

maximum allowable sulfur content for commercial fuel

oil. In a change from the proposed rulemaking, the

final-form rulemaking clarifies that the sulfur content to

be determined by a refinery owner or operator for purposes of compliance is the actual sulfur content of the

commercial fuel oil. A refinery owner or operator who

produces commercial fuel oil intended for use or used in

this Commonwealth on or after July 1, 2016, shall

sample, test and calculate the actual sulfur content of

each batch of the commercial fuel oil. A person other than

the ultimate consumer that accepts a shipment of commercial fuel oil from a refinery or other transferor on or

after July 1, 2016, shall sample, test and calculate the

actual sulfur content of the commercial fuel oil if the

shipment lacks the required record that enables the

transferee to determine if the sulfur content of the

shipment meets the applicable maximum allowable sulfur

content. This requirement replaces the requirement in

the proposed rulemaking for the terminal owner or

operator to develop and implement written procedures,

including procedures for commercial fuel oil sampling and

testing.

The final-form rulemaking adds § 123.22(g) to establish

recordkeeping and reporting requirements applicable to

transferors and transferees in the manufacture and distribution chain for commercial fuel oil from the refinery

owner or operator to the ultimate consumer. This subsection requires each transferor to provide each transferee

with an electronic or paper record containing specified

information each time the physical custody of, or title to,

a shipment of commercial fuel oil changes hands. Additional clarity is provided, as compared to the proposed

rulemaking, in the requirements for identifying the sulfur

content of a shipment, including addition of the opportunity to use a product code in specified circumstances. The

final-form rulemaking allows identification of the sulfur

content to be identified by maximum sulfur content

rather than by limit or weight percent on a per gallon

basis. A refinery owner or operator shall maintain the

RULES AND REGULATIONS 809

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
records of actual sulfur content developed under

§ 123.22(f)(2). Persons subject to § 123.22 shall maintain

the records for at least 2 years. In a change from the

proposed rulemaking, the final-form rulemaking adds

that records shall be maintained for a longer period if

required under other applicable recordkeeping requirements. Records shall be provided to the Department upon

request. Private residence ultimate consumers are not

required to maintain records nor are ultimate consumers

who are owners of apartment or condominium buildings

housing private residents if the transfer or use of the

commercial fuel oil occurs for use at the building. Other

ultimate consumers are required to maintain the record

provided to them in the transfer of the commercial fuel

oil.

The final-form rulemaking amends § 139.4 to update

six of the applicable sulfur method references, add two

new sulfur method references and provide the address to

which a request for a temporary suspension or increase

shall be sent.

The final-form rulemaking amends § 139.16 (relating

to sulfur in fuel oil) to add cross references to the two

new sulfur method references in § 139.4.

This final-form rulemaking is an important part of the

Commonwealth’s efforts to meet the reasonable progress

goals for reducing regional haze established by the Commonwealth in consultation with the member states of

MANE-VU. The final-form rulemaking, upon publication

in the Pennsylvania Bulletin, will be submitted to the

EPA as a revision to the SIP.

F. Summary of Major Comments and Responses

Major Comments and Responses on the Proposed Rulemaking

The Board approved publication of the proposed rulemaking at its meeting of July 13, 2010. The proposed

rulemaking was published at 40 Pa.B. 5456 (September

25, 2010). Three public hearings were held on October 26,

27 and 28, 2010, in Harrisburg, Cranberry Township

(Butler County) and Norristown, respectively. The public

comment period closed on November 29, 2010.

Public comments were received from 16 commentators.

The Independent Regulatory Review Commission (IRRC)

also provided comments.

General Support for Proposed Sulfur Content Levels and

Compliance Dates

Various commentators supported the proposed rulemaking. A commentator stated that the proposed rulemaking was urgently needed to meet present and upcoming NAAQS throughout this Commonwealth and to

achieve regional haze goals. A commentator noted that

New York and New Jersey have already adopted rules

with the goal of limiting sulfur in commercial fuel oil to

15 ppm. A commentator suggested that the sulfur content

in home heating oil could be lowered in a thoughtful,

flexible manner that helps improve the environment and

limits economic impacts. The Department thanks the

commentators for their support. The Department agrees

that the emission reductions from this final-form rulemaking will be useful in meeting the long-term strategy

of the Commonwealth’s regional haze SIP, as cobenefits of

the rulemaking, and both current and anticipated more

stringent NAAQS.

Several commentators supported the May 2012 compliance date. The Department thanks the commentators for

their support; however, there were significant concerns

expressed by commentators about the proposed sulfur

content limits and implementation dates. The Department revised the compliance date to July 1, 2016, for

reducing the allowable sulfur content in commercial fuel

oil to allow time for refiners to add desulfurization

capacity. In addition, the Department revised the sulfur

content level in No. 2 fuel oil, which is most of the

commercial fuel oil sold in this Commonwealth, to 500

ppm.

One commentator noted that the Commonwealth’s existing sulfur limits for commercial fuel oil have been in

force for over 30 years. Over that time, technology has

advanced greatly as has the understanding of the health

impacts from exposure to particulate matter (PM) and

ozone. The Department agrees that the emerging technology and health impacts are both good reasons for establishing more stringent sulfur standards for fuel oil.

Several commentators expressed support of the rulemaking due to its benefits to human health and the

environment. They variously expressed concerns regarding SO2, NOx, PM2.5, mercury and CO2 emissions, ozone

formation, acid rain formation and regional haze from oil

burning combustion units. One commentator supported

the proposed rulemaking because the measures represent

extremely cost effective SO2 control measures and are

appropriate as part of a comprehensive strategy for this

Commonwealth. The Department agrees that the finalform rulemaking is cost effective and will reduce pollutant emissions. The final-form rulemaking is being

adopted to reduce sulfur emissions that contribute to the

formation of regional haze. There are several important

cobenefits of this final-form rulemaking, including reducing SO2 that could lead to violations of the 1-hour SO2

standard as well as reducing PM2.5 and NOx emissions.

Emissions of NOx, which contribute to a number of public

health and environmental problems in the northeast,

including unhealthy levels of PM2.5 and ground-level

ozone, are another product of combustion and 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. The

Department disagrees that heating oil burners emit mercury.

General Opposition, Concerns and Suggestions for Revised

Sulfur Content Levels and Implementation Dates for No.

2 Fuel Oil

Many commentators expressed concern or opposition to

the proposed rulemaking. They expressed support for the

removal of sulfur from fuel oil, but expressed concerns

that the levels were unnecessarily stringent, that there

was not time for industry to comply or that they had

concern about price spikes or fuel supply. As an alternative to the 15 ppm standard, some commentators noted

that a 500 ppm standard in No. 2 fuel oil would represent

an 80—90% sulfur reduction from the Commonwealth’s

current standard of 0.3%.

Referencing these comments, IRRC requested an explanation of why the compliance date of May 1, 2012, was

reasonable and the effect on the supply and price of the

fuels in the regulations, as well as other fuels derived

from the same source. IRRC also recommended review of

the 15 ppm sulfur content standard for No. 2 oil and

810 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
requested an explanation of how the limit in the finalform regulation recognizes the efficient operation of refineries while addressing the need to protect the environment.

The Department revised the compliance date in the

final-form rulemaking to July 1, 2016, for reducing the

allowable sulfur content in commercial fuel oil in light of

the concerns expressed by these commentators. Given the

longer lead-time for implementation, price spikes and

market disruptions are not expected to be an issue.

Written comments received on the proposed rulemaking

and the Hart Consulting report referenced in comments

entitled ‘‘Ultra Low Sulfur Heating Oil Assessment’’ indicate that supply disruption and price spikes can be

avoided if refiners are provided a 4-year lead-time to plan

and install additional desulfurization equipment to remove sulfur from the remaining part of the fuel stream.

As for the sulfur level, 500 ppm sulfur provides both

sulfur reduction and flexibility to the transportation and

refinery segments. A 500 ppm sulfur content limit for No.

2 fuel oil is expected to reduce SO2 emissions by approximately 21,000 tons per year compared to approximately

25,000 tons per year for a reduction to 15 ppm.

A number of commentators expressed concern that the

proposed implementation date of May 1, 2012, was infeasible because industry typically needs a 4-year lead-time

to accomplish budgeting, engineering, permitting and

construction for the start-up of hydro-desulfurization

equipment. Several commentators stated that many refiners did not build hydrotreating capacity to make 100% of

their diesel fuel stream 15 ppm sulfur content fuel, also

known as ultra-low sulfur diesel. They said that refiners

based their plans on the Federal on-road fuel standards

which had phase-in dates as late as 2014. The commentators explained that the current hydrotreating equipment

in place at refineries does not have adequate capacity to

also treat heating oil volumes and that adding

hydrotreating capacity to make ultra-low sulfur diesel is

capital intensive and requires 4 to 5 years of permits,

engineering, construction and planning. The Department

agreed and revised the compliance date accordingly.

One commentator stated that the proposed rulemaking

was misguided and not based on sound science. The

Department responds that the Commonwealth is required

to make progress toward achieving natural background

visibility conditions at Federal Class I areas under section 169A of the CAA and corresponding EPA regulations

in 40 CFR Part 51, Subpart P. Reduction of allowable

sulfur content of fuel oil has been identified as a reasonable strategy by the MANE-VU, of which the Commonwealth is a member. The Department indicated in its

Regional Haze SIP revision that the Commonwealth

would pursue adoption of reduced sulfur content in

commercial fuel oil and other emission management

strategies, as appropriate and necessary, as part of its

long-term strategy to meet the reasonable progress goals

contained in the SIPs of states with Class I areas that

may be affected by emissions from this Commonwealth.

MANE-VU modeling identified SO2 as the primary source

of visibility impairment in the region. MANE-VU performed a cost-benefit analysis for lowered sulfur limits

and determined that the benefits exceed the costs. In

addition, reducing SO2 levels will assist the Commonwealth in meeting current and anticipated NAAQS for

PM2.5 and SO2.

One commentator stated that visibility SIP requirements cannot be used as a basis to adopt a rule effective

in 2012. The commentator stated that there are no Class

I areas in this Commonwealth and asserted that the

Commonwealth does not have an obligation to show

‘‘reasonable further progress’’ toward attaining visibility

standards in other states. The commentator stated that

even if it did, the first milestone is not required until

2018. The Department disagrees with these comments,

except to agree that there is not a Class I area in this

Commonwealth for regional haze purposes. The CAA

requires the Commonwealth to make progress towards

achieving natural background visibility conditions in

those Federally designated Class I areas which are or

may be affected by emissions from this Commonwealth.

Visibility modeling was performed by the MANE-VU

using two models that were either developed or supported

by the EPA and evaluated for performance in this application. Similar modeling was performed by the Visibility

Improvement—State and Tribal Association of the Southeast. The modeling indicated that emissions from this

Commonwealth have the potential to contribute to visibility impairment in several Class I areas in other states.

Reduction of allowable sulfur content of fuel oil was

identified as a reasonable strategy by the MANE-VU, of

which the Commonwealth is a member. The Department

indicated in its Regional Haze SIP that it would pursue

adoption of sulfur content reduction and other emission

management strategies, as appropriate and necessary, as

part of its long-term strategy to meet the reasonable

progress goals contained in the SIPs of states with Class I

areas that may be affected by emissions from this Commonwealth. The Department agrees that the first milestone is 2018. The compliance date for the final-form

rulemaking has been changed to 2016.

The same commentator stated that the proposed rulemaking would have minimal benefits on even those Class

I areas closest to this Commonwealth. The commentator

stated that SO2 emissions from heating oil are approximately 2—3% of the regional SO2 emissions based on a

2002 inventory and that since 2002 distillate and residual

fuel oil demand have fallen sharply in this Commonwealth by 25% and 33%, respectively. Heating oil is a

wintertime fuel and, according to the commentator, reductions have little effect outside of this Commonwealth in

the winter when local emissions trapped by inversions

cause most of the visibility impairment. Additionally, the

commentator stated the rate of transformation of SO2 to

sulfate is slower in the winter and the cost effectiveness

of the sulfur reduction appears to be based on reductions

of SO2 not PM2.5. The commentator felt that because the

PM2.5 NAAQS and regional haze rule are both based on

control of PM2.5, this was not an accurate representation

since not all SO2 is converted to PM2.5 sulfate particles,

particularly in the winter. The commentator stated that

there is not a basis to impose hundreds of millions of

dollars in higher costs on distillate and residual fuel oil

consumers in this Commonwealth to benefit wilderness

areas far from this Commonwealth.

The Department responds that the final-form rulemaking applies not only to home heating oil, which is

used primarily (but not exclusively) in the winter, but

also to numerous other types and uses of fuel oil.

Distillate and residual fuels are burned at all times of the

year for purposes including electric generation (especially

to meet peak electric demand on very hot summer days)

and other commercial and industrial applications.

Furthermore, the MANE-VU and NESCAUM studies of

visibility impairment do not conclude that localized emissions are the only contributor to the visibility impairment

found in urban and rural areas in this Commonwealth

and the MANE-VU Class I areas. In fact, these studies

RULES AND REGULATIONS 811

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
and others conclude that the regional transport of emissions plays a predominant role in the air pollutant levels.

Specifically, according to the Executive Summary of the

MANE-VU report ‘‘Contributions to Regional Haze in the

Northeast and Mid-Atlantic United States,’’ ‘‘Summertime

visibility is almost exclusively driven by the presence or

absence of regional sulfate, whereas wintertime visibility

depends on a combination of regional and local influences

coupled with local meteorological conditions (inversions)

that can lead to concentrated build-up of emissions from

local sources.’’ According to the MANE-VU report, an

‘‘effective emissions management approach would rely

heavily on broad-based regional SO2 control efforts in the

eastern United States.’’ This final-form rulemaking will

reduce emissions that have an impact both locally and

regionally and could be classified as a broad-based regional SO2 control effort.

The MANE-VU studies show that the predominant air

pollutant in the Class 1 areas, regardless of season, is

sulfate. Sulfate forms from the sulfur in fuels combining

with oxygen during combustion to form SO2 gas. While

the transformation rate of gaseous SO2 to sulfate aerosol

particles does diminish in winter, its transformation rate

is not zero. Moreover, the days of worst visibility impairment do not always occur in the summer months. The

VIEWS web site (http://capita.wustl.edu/CAPITA/Capita

Reports/PMFineAn/PMTopics_PPT/PM25Formation.ppt)

lists the transformation rate of SO2 to sulfate on a typical

July day as 0.8% per hour. The transformation rate of

SO2 to sulfate on a typical January day is 0.2% per hour,

or 25% of what the transformation rate would be on a

typical July day. Depending on the quantity and location

of the SO2 released in this Commonwealth, this transformation could and does have a localized effect upon air

quality in this Commonwealth, even in winter.

The same commentator stated that the Department has

not shown that this rulemaking is needed to meet the

PM2.5 NAAQS. Area sources, which include, but are not

limited to, heating oil use, are a tiny fraction of SO2

emissions in this Commonwealth. The commentator

stated that most SO2 emissions are from large point

sources, so it is not rational to claim that a regulation

targeted at heating oil is needed to achieve compliance

with the PM2.5 NAAQS. The Department responds that it

has cited reductions in PM2.5 concentrations as an ancillary benefit of this regulation. PM2.5 concentrations have

both a regional and local component. Regional reductions

of SO2 will help to reduce the regional component of

PM2.5 concentrations and, therefore, will help nonattainment areas achieve compliance. On June 29, 2012, the

EPA proposed to conclude that the existing annual PM2.5

standard is not protective of public health and therefore

proposed a more protective primary standard to be set

between 12-13 μg/m3

. See 77 FR 38890. The EPA further

proposed a new more protective secondary standard for

visibility of either 28 or 30 deciviews (a measure of

visibility impairment); the Pittsburgh-Beaver Valley area

was one of the few that the EPA projected would need

additional reductions by 2020 to meet this proposed

standard.

The EPA finalized the PM2.5 rulemaking on December

14, 2012, strengthening the annual primary standard,

reduced to 12.0 μg/m3 effective March 18, 2013, and

retaining the existing 24-hour PM2.5 standard at a level

of 35 μg/m3

. The EPA further retained the existing

secondary standards for PM2.5 to address PM-related

effects such as visibility impairment. The EPA stated that

it was relying on the existing secondary 24-hour PM2.5

standard to protect against visibility impairment and was

not finalizing the separate proposed standard to protect

visibility the EPA proposed in June 2012. See 78 FR 3086.

The same commentator stated that the impact of the

increased demand for ultra-low sulfur diesel must be

considered coupled with refinery closures that have also

reduced supplies of distillate to this region. It stated that

refineries Nationwide are experiencing record or near

record losses and many are hanging on by a thread. The

commentator thought that the proposed rulemaking

would be particularly challenging to smaller refineries

like Port Reading, American and United which cannot

afford major capital investments in the current regulatory

climate. The Department recognizes these concerns, particularly in regard to the smaller refineries. The finalform rulemaking does not increase the demand for ultralow sulfur diesel. Since the comment period closed on

November 29, 2010, there have been a number of significant changes in Eastern refineries, including the purchase and repurposing of the former Sunoco Marcus Hook

refinery, the purchase of the former Sunoco Philadelphia

refinery and the purchase of the Conoco-Phillips refinery.

There are many reasons in addition to regulations for the

closures of smaller, less profitable refineries and the

affordability of major capital investments. The factors

include decreasing gasoline use due to economic conditions and consumer habits and preferences as well as the

inability of some Eastern refineries to process a wide

range of crude oil types.

The same commentator stated that the rulemaking

could not be justified as needed in the SIP for the

substantial areas of this Commonwealth that are in

attainment of the 1997 and 2006 PM NAAQS and that

reductions are not needed Statewide because areas that

contribute to nonattainment would already be included in

the nonattainment area. The commentator stated that the

Department did not include the measure in the

Pittsburgh-Beaver Valley attainment plan. The Department responds that it has cited reductions in PM2.5

concentrations as an ancillary benefit of this regulation.

The Department did not include the measure in the

Pittsburgh-Beaver Valley attainment plan because a state

can only include measures in attainment plans that have

already been adopted.

One commentator asked that the regulation not be

included in the SIP because it may be difficult to amend

if the fuel standard proves to be too problematic for the

marketplace. The Department disagrees that the regulation should not be included in the SIP. This strategy was

included as a measure the Department would pursue as

part of the Commonwealth’s long-term strategy in its

regional haze SIP revision which was submitted to the

EPA on December 20, 2010, and granted limited approval

on June 13, 2012. See 77 FR 41279 (July 13, 2012). The

low sulfur fuel strategy was also included in the contingency measure section of the SIP revision for the Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE

PM2.5 nonattainment area as a regulation in development

and anticipated to be adopted. Because this strategy is an

important component of the Commonwealth’s plan for

clean air, the Department will be submitting this rulemaking to the EPA upon final-form publication for inclusion in the Commonwealth’s SIP. The final-form rulemaking includes the ability for the Department to grant a

temporary suspension upon request if there is an insufficient quantity of compliant fuel available in an air basin

or non-air basin areas.

One commentator stated that a 15 ppm sulfur content

standard for No. 2 fuel oil would exceed Federal require812 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
ments and that a cost benefit analysis is needed. The

Department disagrees that there are Federal sulfur requirements for No. 2 fuel oil that is not used for

transportation purposes. As for a cost-benefit analysis,

MANE-VU performed a cost-benefit analysis for sulfur

reductions in fuel and determined that the benefits

exceeded the costs. The report used by the MANE-VU,

‘‘Low Sulfur Heating Oil in the Northeast States, An

Overview of Benefits, Costs and Implementation Issues,’’

found that a decrease in No. 2 fuel oil from a sulfur

content of 2,500 ppm to 500 ppm would produce a net

savings because a slightly higher fuel oil cost would be

more than offset by reduced furnace maintenance costs

and higher efficiency.

IRRC commented that the proposed regulation would

have direct and indirect effects on a broad range of

citizens, businesses and industry. IRRC noted that several

comments were received in support of the regulation,

even from those who may have opposed portions of it.

IRRC recognized that the proposed rulemaking would

involve the availability of fuel, the price of fuel, significant economic investment and approval of temporary

suspensions by the EPA that may affect the economic

interests of all of this Commonwealth. Therefore, IRRC

recommended the Board seek the advice of the General

Assembly on whether the regulation represents a policy

decision of a substantial nature that it requires legislative

review. The Department responds that this rulemaking is

authorized under the APCA. The proposed rulemaking

was, and this final-form rulemaking will be, reviewed by

the General Assembly according to the procedures in the

Regulatory Review Act (71 P. S. §§ 745.1—745.12). In

reviewing the proposed rulemaking, the House and Senate Environmental Resources and Energy Committees

had the opportunity to object. The House and Senate

Committees did not do so. The Department has taken the

specific concerns of House and Senate Committee members into account in developing the final-form rulemaking.

Regional Consistency

Several commentators supported an approach consistent with New Jersey’s regulation with a 500 ppm sulfur

content limit for No. 2 fuel oil in 2014 and a second step

reduction to 15 ppm sulfur by 2016, saying this would

provide for regional fuel delivery consistency and security

while reducing sulfur emissions from these products.

Another commentator noted that the New Jersey rulemaking cited the Hart Consulting study ‘‘Ultra Low

Sulfur Heating Oil Assessment’’ that concluded the time

needed for refineries to install desulfurization capacity

was 4 years. The Department considered the two-step

approach taken by New Jersey but concluded that this

Commonwealth has a different profile of users and producers. The sulfur content limit for No. 2 fuel oil in the

final-form rulemaking is consistent with the first phase of

implementation in New Jersey, namely 500 ppm. However, factors such as consideration of the need to install

additional desulfurization capacity in western refineries

in this Commonwealth make regional consistency a less

important consideration than timing and cost-effectiveness in the choice of 500 ppm rather than 15 ppm. The

Department revised the compliance date to July 1, 2016,

to allow time for refiners to add desulfurization capacity.

Two commentators noted that the timing of the Commonwealth proposed requirement for 15 ppm sulfur content for No. 2 fuel oil coincides with New York’s recently

enacted law. New York is the largest consumer of No. 2

fuel oil, consuming approximately 1.4 billion gallons

annually. This Commonwealth is the third largest consumer of No. 2 fuel oil, consuming approximately 891

million gallons annually. According to the commentators,

this means that by 2012 approximately 2 billion gallons

of No. 2 fuel oil will have to be replaced with ultra-low

sulfur diesel. In 2009, the two states combined consumed

approximately 3.7 billion gallons of ultra-low sulfur diesel, meaning the amount of ultra-low sulfur diesel supplied to the Central Atlantic region will have to rise by

over 50% by 2012. Another commentator noted that the

Commonwealth’s proposed rulemaking was similar to

action recently taken by New York, Connecticut and

Maine. The commentator suggested that the Commonwealth require No. 2 fuel oil to meet the 15 ppm sulfur

standard in 2012 similar to New York’s compliance schedule to allow refiners and the supply network a clearly

defined goal in the two largest oilheat fuel markets in the

country. The Department responds that it revised the

sulfur levels and compliance date. The accelerated time

frame in New York is not appropriate for the Commonwealth. The Department revised the compliance date to

July 1, 2016, for reducing the allowable sulfur content in

commercial fuel oil to allow time for refiners to add

desulfurization capacity. In addition, the Department

revised the sulfur content level in No. 2 fuel oil, which is

most of the commercial fuel oil sold in this Commonwealth, to 500 pm.

Furnace Efficiency

Two commentators wrote that the highest efficiency

condensing boiler/furnace systems can be fired by either

natural gas or heating oil. They did not find equipment

manufacturers’ specifications that require the use of

ultra-low sulfur heating oil or demonstration of the

emissions benefits of condensing boiler/furnace systems.

The Department agrees that either natural gas or heating

oil can be used in high efficiency systems and that it

appears that the use of ultra-low sulfur heating oil is not

explicitly required.

Price and Cost

Several commentators expressed concern that the proposed 15 ppm sulfur limit for No. 2 fuel oil would impose

unnecessary costs on heating oil users. One commentator

retained Hart Consulting to study the impact of lowering

the heating oil specification by 2012 and provided a copy

of the report ‘‘Ultra Low Sulfur Heating Oil Assessment.’’

The report concluded that production of 15 ppm sulfur

content No. 2 fuel oil would cost more than high sulfur

No. 2 fuel oil, with 20¢ to 30¢ per gallon premiums to be

expected in the short run and higher premiums and fuel

shortages during cold weather. The Department agrees

that the cost of fuel would be higher. However, with the

final-form rulemaking limit at 500 ppm, the costs will be

offset by reduced furnace maintenance costs. Consumers

in this Commonwealth should save money in the operation of existing furnaces due to improved furnace and

boiler efficiency by reducing fouling rates of furnace and

boiler heat exchangers and other components, leading to

an overall savings from reduced sulfur content. In addition, a 500 ppm sulfur content fuel oil may lead to new,

more cost-effective designs and more widespread use of

high efficiency condensing boilers or furnaces, reducing

pollution and increasing fuel efficiency. One trade group

noted that sulfur in fuel oil was the ‘‘real obstacle for

equipment design’’ (www.biodieselmagazine.com/article.

jsp?article_id=3937&q=&page=2). The 2008 Northeast

Heating Oil Assessment estimates that there would be a

6.3¢ to 6.8¢ per gallon incremental production cost for

500 ppm vs. 2,500 ppm sulfur content home heating oil

(No. 2 commercial fuel oil), including capital costs. Note

that this is a cost to the producers; prices to the ultimate

RULES AND REGULATIONS 813

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
consumer will be influenced by additional factors. Furthermore, this is a cost assuming all producers would

incur some costs to install additional desulfurization, so

this may be an overestimate for this Commonwealth.

Assuming that the entire cost of producing 500 ppm fuel

oil is passed on to the consumer, the increased cost to the

residential customer would be about $29 per year. However, since furnace and boiler maintenance costs for

consumers would be lower due to less fouling of their

combustion units, NESCAUM reported a median annual

savings of $29 per household on furnace vacuuming by

using 500 ppm sulfur content commercial fuel oil. This is

probably an underestimate because furnace maintenance

costs have likely increased since 2005 due to inflation.

A commentator suggested that a 500 ppm sulfur content standard for No. 2 fuel oil would be less likely to

result in price spikes because there are more additional

sources of supply. The commentator stated that approximately 26 additional countries can provide supply at a

500 ppm sulfur content standard, which can reduce long

term costs and supply disruption risks. A 500 ppm sulfur

content standard would also allow use of 400 ppm sulfur

kerosene as a blendstock to enhance No. 2 fuel oil

supplies. The Department agrees and revised the sulfur

content standard to 500 ppm.

Costs for Transportation Fuel

Several commentators expressed concern that the proposed rulemaking could have unintended negative consequences for highway diesel fuel users by creating market

competition between highway fuel and home heating oil.

This competition could have a sharp price impact for

on-road diesel fuel, create seasonal price spikes for home

heating oil and create year-round supply problems harming both home heating oil consumers and operators of

diesel vehicles. Commentators offered price increase estimates. A commentator expressed concern that a 15 ppm

sulfur content standard for No. 2 fuel oil would result in

the need for additional refiner processing of higher sulfur

distillate fuels and would increase the demand for a

limited supply of ultra-low sulfur diesel, resulting in a

higher price for on-road diesel fuel. This could create a

competitive disadvantage for trucking companies based in

this Commonwealth.

Referencing these comments, IRRC suggested the

Board provide an analysis of the impact of the regulation

on both the fuels directly included in the regulation and

other fuels derived from the same sources, including an

analysis of the supply and demand for the fuels and the

effect of the regulation on the availability and price of

these fuels. IRRC cited comments that expressed concern

that homeowners relying on home heating fuel oil could

be impacted by the price and availability of fuel, concern

about overall fuel supply disruption and concern about

timing and sulfur limits translating into a higher price

for on-road diesel fuel and price spikes for home heating

fuel oil.

The Department responds that the final-form rulemaking does not require the same sulfur content in home

heating oil as is required by the EPA for highway fuel.

Because more sulfur will be allowed in heating oil in this

Commonwealth than in transportation fuels, offspecification transportation fuel can be used as home

heating oil, thus easing supply concerns in both markets.

Home heating oil and diesel fuel competed in the same

market for many years. It was only with the implementation in 1993 of the first Federal sulfur content standards

for highway diesel fuel to 500 ppm that separate markets

for low sulfur diesel, meeting a 500 ppm sulfur content

standard, and distillate heating oil at higher sulfur limits

were created. Requirements for 15 ppm diesel fuel have

further separated these markets. Some commentators

recommended that a distinct market for heating oil

continue to exist in this Commonwealth so that demand

for 15 ppm transportation fuel does not adversely affect

supply and price of heating oil. The Department agrees.

Having separate markets does not necessarily mean large

differences in price or a large reduction in the price of

home heating oil, even though currently there are less

stringent sulfur content standards and, thereby, fewer

costs associated with removing sulfur from home heating

oil. With the revisions in the final-form rulemaking, the

Department does not expect that future competition in

the marketplace between the users of home heating oil

and the users of ultra-low sulfur distillate fuel as on or

off-road diesel fuel will result in higher prices for either

groups of consumers or adversely impact supply or demand for heating oil.

One commentator wrote that establishing the same 15

ppm sulfur content standard for heating oil as diesel fuel

would result in dramatic operating cost reductions for

distribution companies, many of which are small businesses. The Department responds that because refineries

and terminals are already handling multiple grades of

distillate, the benefit of minimizing the number of tanks

due to consistent sulfur content limits in distillate fuels is

not significant.

A commentator wrote that a 15 ppm sulfur content

standard for No. 2 fuel oil would preserve or create jobs

in this Commonwealth because it would enhance and

modernize the product to keep the oilheat distribution

industry, which employs approximately 7,000 people, competitive in the future. The Department responds that

while the final-form rulemaking does not require 15 ppm

sulfur content in heating oil, the Department understands

that because of requirements in other states, some suppliers in this Commonwealth may choose to purchase this

fuel to reduce operating costs or offer a cleaner product to

its customers. Fuel at 15 ppm sulfur would obviously be

compliant fuel in this Commonwealth. This would be a

business decision on the part of each distribution company.

Credit Banking and Trading

Several commentators suggested consideration of an

averaging, banking and trading program to provide flexibility to refineries for the 15 ppm No. 2 fuel oil sulfur

limit in the proposed rulemaking. The Department responds that the limits and compliance date have changed

in the final-form rulemaking. In addition, banking, averaging and trading programs are more difficult to administer than the regulatory approach that the Department

has chosen, in which all refiners shall meet a 500 ppm

sulfur in fuel level by July 1, 2016. A banking, averaging

and trading program would require administrative oversight and costs to the Department and the regulated

community, extensive involvement of financial planners

and investors, an annual ‘‘true-up’’ of the bank and

trading program, and a verification program, through an

enforceable fuel sampling program, to guarantee that the

SO2 credits traded are the result of real reductions in air

pollution. This verification program could be burdensome,

as it would need to ascertain compliance and the number

of ‘‘credits’’ generated.

Heating Oil Supply

One commentator noted that during peak heating oil

season, a portion of the supply is provided by imports

814 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
from areas that do not have diesel desulfurization requirements similar to the United States and Canada. The

Department understands the commentator’s concerns. Although the final-form rulemaking does not adopt fuel

content limits equivalent to transportation fuel (ultra-low

sulfur diesel), there is a trend in the market toward lower

sulfur levels. The Hart Consulting study states ‘‘Imports

have played a decreasing role in the NY/NJ market

coinciding with reductions in the high sulfur off-road

distillate market. Peak seasonal winter supplies from

imports have declined significantly’’ (p. 11). Most countries are now undergoing the shift to ultra-low sulfur

diesel in their transportation sectors. For example, Russia

has just finished its changeover to 10 ppm ultra-low

sulfur diesel transportation fuel in 2009 in accordance

with Euro Directive 29V, the European Union’s emission

regulations for new heavy-duty diesel engines, and may

soon be able to provide ultra-low sulfur diesel fuel to the

world market. Other European and Asian countries are

also completing this shift to ultra-low sulfur diesel and

the world market for this product is expected to return to

balance in the near future. (See http://www.dieselnet.com/

standards/eu/fuel.php.)

The same commentator noted that demand for low

sulfur diesel will likely increase in 2015 when ocean-going

vessels in United States ports will be required to use

1,000 ppm sulfur fuel. The Department agrees. The EPA,

through the International Maritime Organization, a specialized agency of the United Nations, finalized plans on

March 26, 2010, that would subject ships within a 200

nautical mile buffer zone around the United States and

Canadian coastlines to stricter air pollution regulations.

As part of this effort, the EPA will require ships to use

fuel oil meeting a lower sulfur content standard of 1,000

ppm by January 2015 within the 200 nautical mile zone.

The ships now use fuel with as much as 40,000 ppm

sulfur. The EPA standard for ships would provide a place

for the refiners to market off-specification fuel after the

500 ppm sulfur content standard is in effect.

Two commentators stated that ultra-low sulfur diesel

demand is expected to rebound as the United States and

European economies recover and strengthen. One commentator noted that demand for low sulfur distillates has

been rising quickly in rapidly growing countries such as

China and India and in some new markets, such as Chile,

that have recently begun using ultra-low sulfur diesel for

transportation fuel. The result has been a surge in

exports of distillate and rising ultra-low sulfur diesel

prices as the market becomes tighter. Diesel has risen

30¢ per gallon since November 2009 versus 26¢ per

gallon for gasoline and about 20¢ per gallon for crude oil

prices. The Department agrees that ultra-low sulfur

diesel demand is likely to rebound when the global

economy recovers and strengthens. The final-form rulemaking does not require heating oil to meet ultra-low

sulfur diesel limits.

Pipeline Interface

Several commentators suggested that a 500 ppm sulfur

content standard for No. 2 fuel oil would allow flexibility

to handle jet fuel/ultra-low sulfur diesel pipeline interfaces after 500 ppm diesel is phased out in 2014. Colonial

Pipeline Company’s system generates an estimated 6

million barrels of jet fuel/ultra-low sulfur diesel interface

per year. A 15 ppm sulfur content limit in No. 2 fuel oil

would eliminate the flexibility for blending the interface

into No. 2 fuel oil. This would create inefficiencies in the

system resulting in the interface having to be returned to

a refinery for reprocessing. One of these commentators

stated that pipeline interfaces between higher sulfur

products like jet fuel or kerosene and ultra-low sulfur

diesel would no longer be able to be marketed as a high

value fuel and would have to be downgraded to much

lower value fuel. One of the commentators stressed the

need for justification of the 15 ppm sulfur content

standard for No. 2 fuel oil and recommended a 500 ppm

sulfur standard to allow handling of jet fuel/ultra-low

sulfur diesel pipeline interface. Another commentator

suggested that a sulfur limit phased in over several years

similar to the New Jersey rule would allow pipeline

systems and distribution terminals to adjust their facilities and operations to ensure the most efficient operations. The Department acknowledges these concerns and

revised the sulfur content limit to 500 ppm, which should

significantly reduce reprocessing and downgrading of fuel

oil. Furthermore, not all outlets for off-specification fuel

would be foreclosed. The EPA will require ships to use

fuel oil meeting a 1,000 ppm sulfur content limit by

January 2015 within the 200 nautical mile zone. Ships

now use fuel with as much as 40,000 ppm sulfur.

Emission Reductions and Energy Savings

One commentator stated that the estimated emission

reduction of 29,000 tons of SO2 per year from the

proposed rulemaking was a substantial decrease in local

emissions. Another commentator noted that this estimated emission reduction was not significant when compared to SO2 emissions of 780,000 metric tons from power

plants in this Commonwealth in 2008. A third commentator believed the benefits of the proposed rulemaking were

overstated and did not justify its adoption at this time.

The Department responds that the allowable sulfur content limits in the final-form rulemaking are now estimated to reduce emissions by 25,000 tons of SO2. The

Department evaluated this rulemaking as part of the

regional haze strategy and determined that this reduction

is necessary and appropriate.

One commentator believed it would be better to obtain

SO2 emissions reductions from coal-fired EGUs before

requiring a 15 ppm sulfur content limit for No. 2 fuel oil.

The Department notes that reductions from coal-fired

EGUs are being made; additional reductions are expected

as a result of Federal regulatory requirements such as

the Mercury and Air Toxics Standards, the 2010 1-hour

standards for SO2 and nitrogen dioxide, and programs

addressing interstate transport in the eastern United

States to reduce PM2.5 and ozone concentrations. The

final-form rulemaking has considered the overall reduction of SO2 from various sources needed to meet the

Commonwealth’s regional haze obligations and no longer

contains requirements for 15 ppm sulfur content.

A commentator wrote that the EPA’s proposed area

source National Emission Standards for Hazardous Air

Pollutants (NESHAP) rule imposes low PM and carbon

monoxide standards on new oil-fired boilers. If finalized,

this rule would eliminate potential energy savings in

oil-fired boilers from use of lower sulfur fuels. The

Department disagrees. The NESHAP rule does not affect

residential furnaces, which constitute a large use of

commercial fuel oil in this Commonwealth. Therefore,

additional energy savings from increased efficiency from

use of lower sulfur fuels in these furnaces will be

realized.

A commentator stated that a standard lower than 500

ppm sulfur for No. 2 fuel oil would have unintended

negative environmental consequences and would probably

raise greenhouse gas emissions and will not increase

boiler efficiency. The commentator stated that the

RULES AND REGULATIONS 815

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
desulfurization process is energy intensive and will emit

greenhouse gas in a larger amount than would be offset

by the theoretical increased boiler efficiency. The Department responds that the final-form rulemaking does not

require a standard lower than 500 ppm.

Residual Fuel Oil

Several commentators opposed the sulfur limits for

residual fuel oils. Two commentators stated that the

proposed 0.5% sulfur content standard for No. 5 and No.

6 residual fuel oil is too stringent. They wrote that sulfur

removal from residual fuels is technologically difficult,

very costly and usually economically prohibitive. The

proposed standard would potentially lead to export of

these fuels instead of treatment to remove sulfur. They

said that alternatively refiners could upgrade the residual

oil to lighter distillates. The Department disagrees that

the 0.5% or 5,000 ppm sulfur content standard is too

stringent. 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 as a goal for a regionally

consistent 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. Marine vessels located in the ocean and

away from the United States and Canadian coast will still

be able to be use residual fuel oil with a sulfur content

greater than 5,000 ppm. According to the U.S. Energy

Information Administration (EIA) State Energy Data

System, in 2010 almost half of all residual oil is used for

vessel bunker purposes (residual oil by its nature and by

EPA regulation cannot be used in on-road vehicles or

most off-road uses). Furthermore, existing provisions regarding emissions of SO2 from installations where equipment or processes are used to reduce the emissions from

burning fuels with a higher sulfur content than specified

in the final-form rulemaking allow higher sulfur content

in commercial fuel oil as long as the emissions do not

exceed those that would result from the use of commercial

fuel oil that meets the applicable maximum allowable

sulfur content of this final-form rulemaking. The use of

residual oil has declined Nationally due to a variety of

factors; given the relatively small amount of residual oil

in use in this Commonwealth for nontransportation purposes, it is unlikely that demand could not be met.

Another commentator opposed the proposed 0.5% sulfur

content standard for No. 5 and No. 6 residual fuel oil,

writing that there is a very limited supply of residual

fuels Nationally and a refiner will not make capital

investments or use higher cost low sulfur crudes to

produce lower sulfur residual fuel oils because each gallon

of residual fuel oil is worth less than the crude oil from

which it is refined. The commentator stated that the

requirement is unsustainable economically and environmentally, and will place users of this fuel in this Commonwealth at a severe competitive disadvantage and that

the size of this market in this Commonwealth means that

any reduction in sulfur content has a miniscule impact.

The Department agrees that most of the emission reduction in the final-form rulemaking comes from lowering

sulfur content in No. 2 rather than from reducing sulfur

in residual fuel oils. However, the emission reductions

will nonetheless be helpful for reducing regional haze and

achieving the other cobenefits of the final-form rulemaking. Because of the small size of the market in this

Commonwealth and the number of states that have

adopted (or are anticipated to adopt) the MANE-VU

limits for residual fuel oil, the Department believes that

regional consistency is an important consideration for this

fuel. Therefore, the residual fuel content limits in the

final-form rulemaking have not changed from those in the

proposed rulemaking.

One refinery commentator stated that its No. 6 fuel oil

production currently meets or exceeds the proposed 0.5%

sulfur content standard and could be used as a blend

stock by others to satisfy the proposed No. 4 and No. 5 oil

sulfur standards. The Department thanks the commentator for its support of the sulfur content requirements for

No. 4 and No. 5 fuel oil.

Another refinery commentator expressed concern because it does not have hydrotreating capacity to treat

Nos. 4, 5 and 6 commercial fuel oil. The Department

acknowledges the concern and notes that the Department

revised the compliance date for reducing the allowable

sulfur content in commercial fuel oil to allow time for

refiners to add hydrotreating capacity.

IRRC commented that two refinery commentators

stated that sulfur removal from heavy fuel oils is technologically difficult, very costly and usually economically

cost prohibitive. IRRC noted that these commentators

stated that the market reality of the limit to 0.5% sulfur

for these fuels is that these refiners will export the fuels

rather than make the investments required to meet the

0.5% limit. IRRC stated that it was concerned that the

regulation may disrupt the supply of these fuels in this

Commonwealth. IRRC recommended that the Board review the 0.5% sulfur content standard for No. 5, No. 6

and heavier oils and explain why the limits in the

final-form rulemaking are needed, reasonable and costeffective. IRRC requested the same evaluation of, and

explanation regarding, the 0.25% limit for No. 4 fuel oil.

The Department responds that it determined that the

0.25% content standard for No. 4 fuel oil and the 0.5%

sulfur content standard for No. 5, No. 6 and heavier oils

are needed, reasonable and cost effective for a number of

reasons. As explained in responses to comments under

General Opposition, the Commonwealth is required under

the CAA to make progress toward achieving natural

background visibility conditions at Federal Class I areas.

See section 169A of the CAA and 40 CFR Part 51,

Subpart P. Reduction of allowable sulfur content of fuel

oil has been identified as a reasonable strategy by the

MANE-VU, of which the Commonwealth is a member.

The Department indicated in its Regional Haze SIP

revision that the Commonwealth would pursue adoption

of reduced sulfur content in commercial fuel oil and other

emission management strategies, as appropriate and necessary, as part of its long-term strategy to meet the

reasonable progress goals contained in the SIPs of states

with Class I areas that may be affected by emissions from

this Commonwealth. MANE-VU modeling identified SO2

as the primary source of visibility impairment in the

region. The MANE-VU performed a cost-benefit analysis

for lowered sulfur limits and determined that the benefits

exceed the costs. In addition, reducing SO2 levels will

assist the Commonwealth in meeting current and anticipated NAAQS for fine particulate matter (PM2.5) and

SO2.

These sulfur content limits are consistent with the

levels the Department agreed to pursue, as necessary and

appropriate, in the Commonwealth’s Regional Haze SIP.

Refiners are currently providing residual fuel oil meeting

the 0.5% sulfur content for sale in the inner zone of

816 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
Philadelphia as well as in several counties in New Jersey,

as this (or an even lower standard) has been the existing

sulfur in fuel standard for those counties. See

§ 123.22(e)(2) and N.J.A.C. § 7:27-9.2 (relating to sulfur

content standards). The MANE-VU states chose to pursue

the 0.25% content standard for No. 4 fuel oil and the 0.5%

sulfur content standard for No. 5, No. 6 and heavier oils

as a regionally consistent level to reasonably reduce SO2

emissions. The Department revised the compliance date

for reducing the allowable SO2 content in commercial fuel

oil to allow time for refiners to add desulfurization

capacity. Other options exist to reduce the sulfur content

of residual fuel oil, including reprocessing the fuel oil to

remove more sulfur and blending lower sulfur fuel oil

with higher sulfur fuel oil to meet the 0.25% and 0.5%

standards.

Sell-Through Provisions

Several commentators thanked the Department for

clarifying that the ultimate consumer is able to use fuel

oil purchased prior to the compliance date of the finalform rulemaking. The Department thanks the commentators for their comments.

Temporary Suspension Mechanism

One commentator supported the exemptions provided

in the proposed rulemaking as these appropriately recognize extenuating circumstances which could affect the

production or availability, or both, of compliant fuel oil.

The Department agrees and is retaining the provision,

with revisions, to ensure that residents of this Commonwealth using heating oil are not without the capacity to

heat their homes, offices and places of employment in the

winter.

Several commentators expressed concerns with the

waiver provision. In addition, IRRC requested explanation of how the temporary suspension mechanism would

be effective in addressing a shortage of compliant fuel.

IRRC stated that the proposed rulemaking was not clear

regarding the process to be followed, when the EPA would

complete its review, content required by the EPA to grant

the request or whether the EPA was required to entertain

the request. IRRC questioned how an excessive price for

compliant fuel would be considered in the determination

of whether compliant fuel is ‘‘available’’ and whether the

Department has alternatives if the EPA refuses to entertain or denies the request. IRRC requested an explanation of how the temporary suspension mechanism is

feasible, reasonable and in the best interest of the

Commonwealth.

The Department is retaining the temporary suspension

provision, with revisions, to ensure that residents of this

Commonwealth using heating oil are not without the

capacity to heat their homes, offices and places of employment in the winter. The granting of any temporary

suspension has a high threshold of proof and will be used

sparingly. The Department has had operational experience in the multiple factors that must be taken into

account in exercising enforcement discretion for fuel

requirements in the gasoline program in Chapter 126,

Subchapter C (relating to gasoline volatility requirements). In that program, price is not considered to be a

direct factor in determining availability; excessive prices,

however, can be symptomatic of a significant fuel shortage.

The Department agrees that the temporary suspension

provisions needed to be more specific. The final-form

rulemaking adds additional criteria for granting a temporary suspension and a 60-day time limit. The additional

criteria parallel criteria in the CAA regarding EPA waivers for certain motor vehicle fuel requirements (see

section 211(c)(4)(C)(ii) and (iii) of the CAA (42 U.S.C.A.

§ 7545(c)(4)(C)(ii) and (iii))) to ensure that the suspension

is not used to address the lack of prudent planning on the

part of fuel suppliers. Additional provisions could hamstring the decision making process since, in the Department’s experience with motor vehicle gasoline, each situation will likely differ. The 60-day time limit was chosen to

be roughly equivalent to a typical homeowner’s frequency

of refilling a heating oil tank. A 60-day suspension would

allow a homeowner to refill a tank with noncompliant

fuel. The final-form rulemaking requires the Department

to limit a suspension or increase in maximum allowable

sulfur content to the shortest duration in which adequate

supplies of compliant fuel oil can be made available. The

Department removed language requiring EPA approval

from the final-form rulemaking. For all of these reasons,

the temporary suspension provision is feasible, reasonable

and in the best interest of the Commonwealth.

Sampling and Testing Requirements

Two commentators stated that retesting in the terminal

is an unnecessary burden and should not be required

because refineries shall test and certify that their products meet applicable specifications prior to leaving the

refinery and pipelines maintain the integrity of the

product while transporting the product to terminals.

Similarly, IRRC requested an explanation of why the

sampling and testing requirements are needed and would

not result in excessive or repetitive sampling and testing

of fuels. The Department responds that it revised the

sampling and testing requirements to eliminate excessive

or repetitive sampling and testing provisions. Sampling

and testing will be necessary only if the shipment lacks

records regarding sulfur fuel content.

One commentator stated that the proposed

§ 123.22(f)(2) would require ‘‘a refinery owner or operator

who produces fuel oil intended for use or used in the

Commonwealth . . . to sample, test and calculate the sulfur content of each batch of commercial fuel oil.’’ The

commentator stated that the Commonwealth cannot require sampling and testing for out-of-State parties. The

Department disagrees. The final-form rulemaking regulates only a refinery owner or operator selling or transferring product in or into this Commonwealth for use in this

Commonwealth. If the refiner wants to ship its product to

this Commonwealth, then it is subject to these requirements. The regulated consumers in this Commonwealth

require accountability of the sulfur content by means of

the sampling and testing requirements in subsection (f)

and the recordkeeping and reporting requirements in

subsection (g). Given the revision to the sampling and

testing provisions in the final-form rulemaking, customers

in this Commonwealth are unlikely to accept shipment

without documentation of sampling and testing because

they would have to conduct their own sampling and

testing.

A commentator supported the Department’s addition of

sampling, recordkeeping and reporting requirements as

the provisions would enhance the Department’s ability to

determine that only compliant fuels are being used and

give the Department the ability to track batches of fuel

oil from refinery production to end usage. The Department agrees that both current industry practices and the

final-form rulemaking provide the Department with the

ability to track fuel batches.

RULES AND REGULATIONS 817

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
The commentator believed that the recordkeeping requirements are practical because requirements are not

imposed on residential end users. The Department

agrees.

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 costeffective 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 onroad, 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

818 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
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 nonresale 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

RULES AND REGULATIONS 819

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
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 vacuumcleaning 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 lowsulfur 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

820 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
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.

RULES AND REGULATIONS 821

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
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:

822 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
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 Input

Thirty-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

RULES AND REGULATIONS 823

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
(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:

824 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
Allowable Pounds SO2 per

106 Btu Heat Input

Thirty-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.

RULES AND REGULATIONS 825

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
(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 Input

Thirty-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.

826 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
(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).

RULES AND REGULATIONS 827

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
(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 Hour

Less 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:

828 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
(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.

RULES AND REGULATIONS 829

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
(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.]

DELAWARE RIVER BASIN COMMISSION

[ 25 PA. CODE CH. 901 ]

Amendments to the Water Code and Comprehensive Plan to Implement a Revised Water Audit

Approach to Identify and Control Water Loss

Summary:

By Resolution No. 2009-01 on March 11, 2009, the

Delaware River Basin Commission (DRBC or Commission) approved amendments to its Water Code and Comprehensive Plan to implement a requirement for water

purveyors to follow an updated water audit approach to

identify and control water loss in the Delaware River

Basin.

Effective Date:

Upon publication in the Pennsylvania Bulletin. The rule

was incorporated by reference into the Code of Federal

Regulations effective November 20, 2009 (74 FR 60154).

Applicability Date:

The amendments to the Comprehensive Plan and Article 2 of the Water Code finalized by the Commission on

March 11, 2009 phase in a program requiring water

purveyors to perform a water audit and report their

findings in accordance with a new audit structure established by the American Water Works Association (AWWW)

and the International Water Association (IWA). Effective

January 1, 2012, the owners of water supply systems

serving the public with sources or service areas located in

the Delaware River Basin must implement an annual

calendar year water audit program conforming to the

IWA/AWWA Water Audit Methodology and corresponding

AWWA guidance. Effective January 1, 2013, reported

‘‘non-revenue water’’ must be computed in accordance

with the new methodology and guidance. During the

period between the effective date of the rule, November

20, 2009, and December 31, 2011 water purveyors were

encouraged to implement the new methodology and guidance on a voluntary basis.

Supplemental Information:

The DRBC is a federal-interstate regional agency

charged with managing the water resources of the Delaware River Basin without regard to political boundaries.

Its members are the governors of the four basin states—

Delaware, New Jersey, New York, and Pennsylvania—and

the North Atlantic Division Commander of the U.S. Army

Corps of Engineers, representing the federal government.

An estimated 150 million gallons of treated and pressurized water is physically lost from public water supply

distribution systems in the Delaware River Basin per day

and current methods to account for, track and reduce this

loss are inadequate. Water suppliers are experiencing real

water losses due to physical infrastructure failures and

apparent losses resulting from inaccurate meter readings

and erroneous billing practices. As demand for water

increases, it is essential to ensure that water supplies

and the infrastructure delivering water are dependable

and efficiently move water from source to customer.

The purpose of the proposed amendments is to phase in

a program requiring water purveyors to perform water

audits and report their findings in accordance with a new

audit structure established by the AWWA and the IWA.

These new methods are widely regarded as superior to

the existing approach, which entails tracking ‘‘unaccounted for water,’’ which is no longer considered best

practice.

The new water audit methodology provides a rational

approach that will facilitate more consistent tracking and

reporting than the existing approach allows. It will help

water managers and regulators, including the Commission, state agencies, and utility managers, target their

efforts to improve water supply efficiency, thereby reducing water withdrawals. Improving water accountability

will contribute to achieving objective 1.3.C of the Water

Resources Plan for the Delaware River Basin, which calls

for ensuring maximum feasible efficiency of water use

across all sectors.

The Commission’s Water Management Advisory Committee (WMAC), which has taken primary responsibility

for reviewing the proposed audit methodology and developing these amendments, is composed of representatives

from a wide range of public and private sector organizations. Six water purveyors from the Delaware River Basin

were identified to participate in the nationwide pilot

study. The comments and feedback provided to AWWA led

to improvements in the software. The software was

approved by the AWWA Water Loss Control Committee

and is available on the AWWA website, at no charge to all

users.

The WMAC and its subcommittee determined that the

IWA/AWWA water audit methodology represents an improvement to the Commission’s current practices and can

lead to multiple benefits for water utilities and other

stakeholders. It is anticipated that adoption of the IWA/

AWWA approach will:

• Improve upon the traditional approach for identifying

‘‘unaccounted for water,’’ which lacks standardized terminology and a clearly defined water audit structure.

830 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013
PROPOSED RULEMAKING

ENVIRONMENTAL

QUALITY BOARD

[ 25 PA. CODE CHS. 121, 123 AND 139 ]

Commercial Fuel Oil Sulfur Limits for Combustion

Units

The Environmental Quality Board (Board) proposes to

amend Chapters 121, 123 and 139 (relating to general

provisions; standards for contaminants; and sampling and

testing) to read as set forth in Annex A.

The proposed rulemaking amends § 123.22 (relating to

combustion units) to lower the allowable sulfur content of

commercial fuel oil for use in combustion units and

replace the existing area-specific sulfur content limits for

commercial fuel oils with a Statewide sulfur limit; adds

provisions for sampling and testing, and recordkeeping

and reporting in § 123.22; amends the sampling and

testing requirements in Chapter 139; and adds definitions

in § 121.1 (relating to definitions) for two new terms and

amends the definitions of eight existing terms to provide

clarity and support the amendments to Chapter 123.

This proposed rulemaking was adopted by the Board at

its meeting on July 13, 2010.

A. Effective Date

This proposed rulemaking will go into effect upon

publication in the Pennsylvania Bulletin as a final-form

rulemaking.

B. Contact Persons

For further information, contact Arleen Shulman, Chief,

Division of Air Resource Management, P. O. Box 8468,

Rachel Carson State Office Building, Harrisburg, PA

17105-8468, (717) 772-3436; or Kristen Furlan, Assistant

Counsel, Bureau of Regulatory Counsel, P. O. Box 8464,

Rachel Carson State Office Building, Harrisburg, PA

17105-8464, (717) 787-7060. Information regarding submitting comments on this proposed rulemaking appears

in Section J of this preamble. Persons with a disability

may use the Pennsylvania AT&T Relay Service (800)

654-5984 (TDD users) or (800) 654-5988 (voice users).

This proposed rulemaking is available electronically

through the Department of Environmental Protection’s

(Department) web site at www.depweb.state.pa.us (DEP

Search/Keyword: Public Participation).

C. Statutory Authority

The proposed rulemaking is authorized under section

5(a)(1) of the Air Pollution Control Act (APCA) (35 P. S.

§ 4005(a)(1)), which grants the Board the authority to

adopt rules and regulations for the prevention, control,

reduction and abatement of air pollution in this Commonwealth, and section 5(a)(8) of the APCA, which grants the

Board the authority to adopt rules and regulations designed to implement the Clean Air Act (CAA) (42 U.S.C.A.

§§ 7401—7671q).

D. Background and Purpose

Combustion of sulfur-containing commercial fuel oils

releases sulfur dioxide (SO2) emissions, which contribute

to the formation of regional haze and fine particulate

matter (PM2.5), both of which are serious public welfare

and human health threats. Regional haze is visibility

impairment that is produced by a multitude of sources

and activities that emit fine particles and their precursors

and which are located across a broad geographic area.

Fine particles have a diameter smaller than 2.5 micrometers (PM2.5). Particles affect visibility through the scattering and absorption of light, and PM2.5—particles

similar in size to the wavelength, of light—are most

efficient, per unit of mass, at reducing visibility. Regional

haze affects urban and rural areas, including National

parks, forests and wilderness areas (Federal Class I

areas).

SO2 is the most significant pollutant involved in the

formation of regional haze. SO2 emissions oxidize in the

atmosphere to form sulfate particles. Visibility impairment, including regional haze, in rural areas of eastern

North America is mostly due to sulfate particles, according to the 2006 Contribution Assessment prepared by the

Mid-Atlantic/Northeast Visibility Union (MANE-VU).

Contributions to Regional Haze in the Northeast and

Mid-Atlantic United States, MANE-VU Contribution Assessment, August 2006, p. 2—4.

In 1977, Congress amended the CAA by adding section

169A (42 U.S.C.A. § 7491), regarding visibility protection

for Federal Class I areas, to set a National goal of the

‘‘prevention of any future, and the remedying of any

existing, impairment of visibility in mandatory class I

Federal areas which impairment results from manmade

air pollution.’’ See section 169A(a)(1) of the CAA. Congress amended the CAA in 1990 by adding section 169B

(42 U.S.C.A. § 7492), regarding visibility, to authorize

further research and regular assessments of the progress

made so far toward the National visibility goals.

The National Academy of Sciences concluded in 1993

that the average visual range in the eastern United

States has been reduced to approximately 30 kilometers

or 1/5 of the visual range that would exist under natural

conditions. Committee on Haze in National Parks and

Wilderness Areas, National Research Council, National

Academy of Sciences, Protecting Visibility in National

Parks and Wilderness Areas, Washington, D.C., 1993.

The United States Environmental Protection Agency

(EPA) published its initial regulations setting forth states’

requirements to reduce regional haze at 64 FR 35714

(July 1, 1999). The regulations aimed to achieve the

National visibility goal set by the CAA by 2064. The EPA

published final regional haze regulations at 70 FR 39104

(July 6, 2005). The regulations are codified in 40 CFR

Part 51, Subpart P (relating to protection of visibility).

The EPA’s regulations require all states, even those that

do not contain a Federal Class I area, to submit a

revision to their State Implementation Plan (SIP) containing emission reduction strategies to improve visibility

in Class I areas that their emissions affect.

The EPA regulations require states to demonstrate

reasonable progress toward meeting the National goal of

a return to natural visibility conditions by 2064. States

with Class I areas must establish reasonable progress

goals, expressed in deciviews, for visibility improvement

at each Class I area. (The lower the deciview value, the

better the perception of visibility.) The first set of reasonable progress goals shall be met through measures in

each state’s long-term strategy covering the period from

the present until 2018. A long-term strategy includes

enforceable emissions limitations, compliance schedules

and other measures as necessary to achieve the reasonable progress goals.

5456

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
States are required to evaluate progress toward reasonable progress goals every 5 years to assure that emissions

controls are on track with emissions reduction forecasts

in the SIP. The first progress report is due 5 years from

the submittal of the initial implementation plan. If

emissions controls are not on track to meet SIP forecasts,

then a state would need to take action to assure emissions controls by 2018 would be consistent with the SIP

or to revise the SIP to be consistent with the revised

emissions forecast.

The Commonwealth is a member of the MANE-VU,

established in 2000 as the regional planning organization

to help the northeast states plan for their Regional Haze

SIP submittals. The MANE-VU states are Connecticut,

Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,

Vermont and the District of Columbia. Native American

tribes in the region, the EPA, the United States Fish and

Wildlife Service and the United States Forest Service are

also members.

Although this Commonwealth has no mandatory Class

I Federal areas, emissions from this Commonwealth are

considered to impact the seven mandatory Class I Federal

areas in the MANE-VU region. In addition, the emissions

from this Commonwealth are considered to impact the

Dolly Sods Wilderness Area in West Virginia and

Shenandoah National Park in Virginia.

MANE-VU evaluated several large source categories for

their contribution to the MANE-VU SO2 emission inventory, including electric generating units (EGU), residential and commercial oil heat burners and furnaces, and

industrial/commercial/institutional (ICI) boilers. The

Northeast States for Coordinated Air Use Management

(NESCAUM) performed this evaluation for MANE-VU in

2005 using 2002 data, which was the most current

information available at the time of the study. While

EGUs are by far the largest source of SO2 emissions in

the MANE-VU region at 71%, SO2 emissions from the

burning of sulfur-containing commercial fuel oil in residential and commercial combustion units, combined and

in ICI boilers, each contribute about 7% to the MANE-VU

SO2 emission inventory, for a total of 14%. In this

Commonwealth, commercial fuel oil combustion in residential and commercial combustion units contributes

between 2% and 3% of SO2 emissions in the MANE-VU

region, depending on the season. The NESCAUM evaluation indicates that the anticipated annual SO2 emission

reduction benefits in this Commonwealth would be approximately 29,000 tons when the proposed low-sulfur

content limits for commercial fuel oils are fully implemented.

MANE-VU identified the reduction of sulfur limits in

commercial fuel oils used in residential and commercial

combustion units as a cost effective strategy for reducing

regional haze and adopted a statement in which member

states agreed to pursue this strategy. The Department

has reviewed the NESCAUM studies and MANE-VU

recommendations and determined that the recommended

low-sulfur content limits for commercial fuel oil are

appropriate measures to be pursued in this Commonwealth as part of the regional strategy to improve

visibility. Lowering the sulfur content in commercial fuel

oil sold for and used in combustion units in this Commonwealth would contribute to the MANE-VU goals of improving visibility in the region’s mandatory Class I

Federal areas. Actions taken as part of this Commonwealth’s obligations for reducing haze on a regional level

would also improve visibility in this Commonwealth’s

recreational and urban areas.

The existence of PM2.5 in the atmosphere not only

produces regional haze but also has significant adverse

health effects. Epidemiological studies have shown a

significant correlation between elevated PM2.5 levels and

premature mortality. Other important health effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions, emergency room visits,

absences from school or work and restricted activity

days), lung disease, decreased lung function, asthma

attacks and certain cardiovascular problems. Individuals

particularly sensitive to PM2.5 exposure include older

adults, people with heart and lung disease and children.

The EPA set health-based (primary) and welfare-based

(secondary) PM2.5 annual National Ambient Air Quality

Standards (NAAQS) at a level of 15 micrograms per cubic

meter (μg/m3). See 62 FR 38652 (July 18, 1997). The

24-hour NAAQS was subsequently revised in October

2006 to a concentration of 35 μg/m3. See 71 FR 61144

(October 17, 2006). The EPA designated the following

counties or portions thereof as being in nonattainment of

either the annual or the 24-hour PM2.5 standard or both:

Allegheny (Liberty-Clairton); Allegheny (remainder);

Armstrong; Berks; Beaver; Bucks; Butler; Cambria;

Chester; Cumberland; Dauphin; Delaware; Greene; Indiana; Lancaster; Lawrence; Lebanon; Montgomery; and

Philadelphia.

In a March 2010 draft report prepared as part of the

EPA’s periodic review of NAAQS, the EPA concluded that

existing standards for fine particles are insufficient to

protect public health and reduce the pollutant’s impact on

visibility. The draft report recommends that the EPA

consider setting significantly more protective standards

based on the fact that recent research into the health

effects of fine particles calls into question the adequacy of

the current suite of standards. See the EPA’s Policy

Assessment for the Review of the Particulate Matter

National Ambient Air Quality Standards: First External

Review Draft, March 2010. The draft report also recommends the agency consider setting a secondary standard

for PM2.5 to protect visibility.

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 would contribute to reducing the incidences of these adverse effects in this Commonwealth.

There are several important cobenefits of this proposed

rulemaking. Emissions of nitrogen oxides (NOx), which

contribute to a number of public health and environmental problems in the northeast, including unhealthy levels

of PM2.5 and ground-level ozone, would also decrease

with the use of low-sulfur content commercial fuel oil due

to furnace and boiler efficiency improvements. Emissions

of carbon dioxide, a greenhouse gas, should also be

reduced since with improved combustion efficiency, overall commercial fuel oil consumption should decrease.

Ozone is a serious human and animal health and

welfare threat, causing or contributing to respiratory

illnesses and decreased lung function, agricultural crop

loss, visible foliar injury to sensitive plant species, and

damage to forests, ecosystems and infrastructure. In

March 2008, the EPA lowered the ozone NAAQS from

0.080 parts per million (ppm) to 0.075 ppm averaged over

8 hours to provide even greater protection for children,

other at-risk populations and the environment against

the array of ozone-induced adverse health and welfare

effects. See 73 FR 16436 (March 27, 2008). As required by

PROPOSED RULEMAKING 5457

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
the CAA, the Commonwealth submitted recommendations

to the EPA in 2009 to designate 29 counties as nonattainment for the 2008 8-hour ozone NAAQS. However, the

EPA reconsidered the 2008 ozone NAAQS and published a

proposed rulemaking at 75 FR 2938 (January 19, 2010) to

set a more protective 8-hour primary standard at a lower

level within the range of 0.060—0.070 ppm; the final

revised ozone standard is expected in October 2010. If the

EPA sets the standard at the lowest end of this range, all

monitors measuring ozone in this Commonwealth could

violate the NAAQS.

This proposed rulemaking is designed to lower the

allowable sulfur content limits of commercial fuel oils

used in oil-burning combustion units in this Commonwealth and to replace the existing area-specific sulfur

content limits for commercial fuel oils with a Statewide

sulfur limit. The proposed rulemaking would reduce the

levels of sulfur in commercial fuel oils used in residential

and commercial oil heat burners and furnaces, and in ICI

boilers. Section 123.22 regulates Nos. 2, 4, 5 and 6

commercial fuel oils. No. 2 and lighter commercial fuel oil

is generally used for residential and commercial heating.

Nos. 4, 5 and 6 and heavier commercial fuel oils are used

in ICI boilers.

The proposed rulemaking applies to the owner or

operator of refineries, pipelines, terminals, retail outlet

fuel storage facilities and ultimate consumers, including

commercial and industrial facilities, facilities with a unit

burning regulated fuel oil to produce electricity and

domestic home heaters. The requirements focus on persons or entities that ‘‘offer for sale, deliver for use,

exchange in trade or permit the use of commercial fuel

oil.’’ These are the suppliers and operations selling to the

ultimate consumer. Recordkeeping or reporting would not

be required of the ultimate consumer receiving commercial fuel oil for use at a private residence or an apartment

or condominium building that houses private residents;

they would only need to buy and use compliant commercial fuel oil.

The Department consulted with the Air Quality Technical Advisory Committee (Committee) on the proposed

rulemaking on February 18, 2010. The Committee unanimously concurred in the Department’s recommendation to

present the proposed rulemaking, with suggested revisions, to the Board for approval. The Department also

consulted with the Citizens Advisory Council, Small Business Compliance Advisory Committee and Agricultural

Advisory Board.

E. Summary of Regulatory Requirements

This proposed rulemaking would amend definitions of

eight terms in § 121.1. The proposed rulemaking amends

the definitions of ‘‘commercial fuel oil’’ and ‘‘noncommercial fuel’’ to synchronize them. The proposed rulemaking

expands the definition of ‘‘carrier’’ so that it applies when

commercial fuel oil is carried. The proposed rulemaking

amends the definition of ‘‘distributor’’ so that it applies

when commercial fuel oil is distributed and to broaden

the list of transferees. The proposed rulemaking similarly

expands the definitions of ‘‘retail outlet’’ and ‘‘terminal.’’

The proposed rulemaking provides more specificity to the

definitions of ‘‘transferee’’ and ‘‘transferor’’ by listing

examples of persons and entities included in the definition. The proposed rulemaking adds the terms ‘‘ASTM’’

and ‘‘ultimate consumer’’ because these terms are used

elsewhere in the proposed rulemaking.

The proposed rulemaking would amend § 123.22 and

add two new subsections. Subsection (a) applies to nonair

basin areas. Air basins are defined geographically in

§ 121.1. The proposed amendments to subsection (a)

make minor editorial revisions to the general provision in

paragraph (1). The proposed rulemaking reduces the

allowable sulfur limits of commercial fuel oil in paragraph

(2), in proposed subparagraph (i), to 15 ppm for No. 2 and

lighter commercial fuel oils and to 0.25% sulfur content

by weight for No. 4 commercial fuel oil and 0.5% sulfur

content by weight for No. 5 and 6 and heavier commercial

fuel oils beginning May 1, 2012. On and after those dates,

a person would not be authorized to offer for sale, deliver

for use, exchange in trade or permit the use of a

noncomplying commercial fuel oil in a nonair basin.

Proposed amendments to paragraph (2) would contain

two exceptions. The first exception in proposed subparagraph (ii) allows commercial fuel oil that is stored in this

Commonwealth by the ultimate consumer prior to the

applicable compliance date listed and met the applicable

maximum sulfur content at the time it was stored to be

used in this Commonwealth after the applicable compliance date. The second exception in proposed subparagraph (iii) authorizes the Department to temporarily

suspend or increase the applicable limit or percentage by

weight of sulfur content of a commercial fuel oil if the

Department were to determine that an insufficient quantity of compliant commercial fuel oil were reasonably

available in a nonair basin area. Proposed subparagraph

(iv) authorizes the Department to limit a suspension or

increase granted under subparagraph (iii) to the shortest

duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available. Proposed subparagraph (v) specifies that the sulfur content

limit for No. 2 and lighter commercial fuel oil may not

exceed 500 ppm if a temporary increase in the applicable

limit of sulfur content is granted under subparagraph

(iii).

The proposed rulemaking would amend the equivalency

provision in paragraph (3) to provide greater clarity. The

equivalency provision requires an equivalent amount of

emission reductions when equipment or a process is used

to reduce sulfur emissions from the burning of a fuel with

a higher sulfur content than that specified in paragraph

(2).

The proposed rulemaking makes similar amendments

to the remaining four subsections of § 123.22, which

apply as follows: subsection (b) applies to the Erie;

Harrisburg; York; Lancaster; Scranton; Wilkes-Barre air

basins; subsection (c) applies to the Allentown,

Bethlehem, Easton, Reading, Upper Beaver Valley and

Johnstown air basins; subsection (d) applies to the Allegheny County, Lower Beaver Valley and Monongahela

Valley air basins; and subsection (e) applies to the

Southeast Pennsylvania air basin. Each of these air

basins is defined in § 121.1. In subsection (d), the

proposed rulemaking adds commercial fuel oil limits and

percentages as well as the equivalency provision.

The proposed rulemaking would add § 123.22(f) to

establish sampling and testing requirements for refinery

and terminal owners and operators to ensure compliance

with the allowable sulfur limits for commercial fuel oil. A

refinery owner or operator who produces commercial fuel

oil intended for use or used in this Commonwealth on or

after the applicable compliance dates would be required

to sample, test and calculate the sulfur content of each

batch of the commercial fuel oil. A terminal owner or

operator would be required to develop and implement

written procedures, including procedures for commercial

fuel oil sampling and testing, which would be required to

be made available to the Department upon request.

5458 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
The proposed rulemaking would add § 123.22(g) to

establish recordkeeping and reporting requirements applicable to transferors and transferees in the manufacture

and distribution chain for commercial fuel oil, from the

refinery owner or operator to the ultimate consumer. This

subsection requires each transferor to provide each transferee with an electronic or paper record containing specified information each time the physical custody of, or title

to, a shipment of commercial fuel oil were to change

hands. The transferors and transferees would be required

to maintain the records for 2 years and provide them to

the Department upon request. The subsection also requires refinery and terminal owners and operators to

maintain the records developed under proposed subsection (f) for 2 years and to provide them to the Department

upon request. Under this proposed subsection, private

residence ultimate consumers would not be required to

maintain records nor would ultimate consumers who were

owners of apartment or condominium buildings housing

private residents if the transfer or use of the commercial

fuel oil occurs for use at the building. Other ultimate

consumers would be required to maintain the record

provided to them in the transfer of the commercial fuel

oil.

The proposed rulemaking would amend § 139.4 (relating to references) to update six of the applicable sulfur

method references and add two new sulfur method references.

The proposed rulemaking would amend § 139.16 (relating to sulfur in fuel oil) to add cross-references to the two

new sulfur method references in § 139.4.

This proposed control measure is an important part of

the Commonwealth’s efforts to meet the 2018 reasonable

progress goals for reducing regional haze established by

the Commonwealth in consultation with the member

states of MANE-VU and is also reasonably necessary to

attain and maintain the PM2.5 NAAQS in this Commonwealth. The proposed rulemaking, if adopted as a finalform rulemaking, will be submitted to the EPA as a

revision to the SIP.

F. Benefits, Costs and Compliance

Benefits

Implementation of the proposed control measure would

benefit the health and welfare of the approximately 12

million human 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 proposed rulemaking. Emissions of

NOx, which contribute to unhealthy levels of PM2.5 and

ground-level ozone, would also decrease with the use of

low-sulfur content commercial fuel oil due to furnace and

boiler combustion efficiency improvements. Emissions of

carbon dioxide, a greenhouse gas, should also be reduced

since with improved combustion efficiency, overall commercial fuel oil consumption should decrease.

Commercial fuel oil users benefit, too. According to the

United States Energy Information Administration (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 lowsulfur content commercial fuel oil would enable the

introduction of highly efficient advanced technology condensing furnaces. A lower sulfur content commercial fuel

oil would 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 would benefit 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.

Another benefit is that consistency of No. 2 commercial

fuel oil sulfur content limits with highway and nonroad,

locomotive and marine (NRLM) transportation diesel sulfur content limits would help refinery owners and operators, distributors, carriers and owners and operators of

commercial fuel oil and transportation diesel fuel terminals minimize the number of tanks and trucks needed.

No. 2 commercial fuel oil could be combined with NRLM

transportation diesel fuel in the same tanks and trucks.

The sulfur level of 15 ppm in the proposed rulemaking for

No. 2 commercial fuel oil is consistent with the level that

is or will be required in highway and NRLM transportation diesel fuels. The Federal final rule for Control of Air

Pollution from New Motor Vehicles: Heavy Duty Engines

and Vehicle Standards and Highway Diesel Fuel Sulfur

Control Requirements, published at 66 FR 5002 (January

18, 2001), requires refiners to produce 100% of their

highway diesel fuel to meet the sulfur content limit of 15

ppm beginning June 1, 2010. See 66 FR 5002, 5067. The

Federal final rule for Control of Air Emissions from

Nonroad Diesel Engines and Fuel, published at 69 FR

38958 (June 29, 2004), requires the sulfur content limit

for nonroad transportation diesel fuel be 15 ppm beginning June 1, 2010. See 69 FR 38958, 39039. The sulfur

content limit for locomotive and marine (except large

ocean-going vessels) diesel fuel will be 15 ppm beginning

June 1, 2012. See 69 FR 39039. Furthermore, since sulfur

content limits for regulated commercial fuel oils would

now be Commonwealth-wide rather than area-specific,

compliance and recordkeeping would be simplified for the

petroleum refining and distribution companies.

Compliance costs

The proposed rulemaking would 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 anyone who uses commercial fuel oils in this Commonwealth.

There are five refineries in this Commonwealth owned

by four companies. The products of the five refineries

would be affected by the proposed rulemaking. Owners

and operators of refineries outside this Commonwealth

would 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 120 fuel oil terminal operations operated by

38 different companies and 737 distributors of petroleum

products in this Commonwealth. Not all of these operaPROPOSED RULEMAKING 5459

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
tions 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 would be required to comply with the proposed

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.

Market forces and regulations for transportationrelated diesel fuels in both the United States and internationally will be the major forces affecting this industry,

since the use of commercial fuel oil for residential heating

and ICI boilers is a very small portion of diesel fuel

consumption. No. 2 commercial fuel oil will be identical in

sulfur content level to nonroad transportation diesel fuel

in 2012 if the proposed rulemaking compliance date of

May 1, 2012, is implemented.

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. Costs are estimated to be as much as 8.9¢ per gallon for 15 ppm sulfur

content versus 2,500 ppm. However, when refinery owners and operators have desulfurization capabilities, the

incremental cost of producing 15 ppm sulfur versus 2,500

ppm home heating oil will be less than 5¢ per gallon.

Note that 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

would 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 would 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

amended requirements and how to comply with them.

This will be accomplished through the Department’s

ongoing compliance assistance program.

Paperwork requirements

The proposed 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 would be required to provide the transferee with an

electronic or paper record of the transaction. Each affected person would be required to keep the records in

electronic or paper format for 2 years, except those

ultimate consumers located at a private residence.

Recordkeeping or reporting would not be 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 industry on normal industry practices and

took those practices into account in crafting the paperwork requirements.

G. 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 proposed rulemaking prevents 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. The proposed 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.

H. Sunset Review

This proposed 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.

I. 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 this proposed rulemaking and a copy

of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the House and

Senate Environmental Resources and Energy Committees. A copy of this material is available to the public

upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the

close of the public comment period. The comments, recommendations or objections must specify the regulatory

review criteria which have not been met. The Regulatory

Review Act specifies detailed procedures for review, prior

to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

J. Public Comments

Written comments. Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed rulemaking to the Environmental Quality

5460 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th

Floor, 400 Market Street, Harrisburg, PA 17101-2301).

Comments submitted by facsimile will not be accepted.

Comments, suggestions or objections must be received by

the Board on or before November 29, 2010. Interested

persons may also submit a summary of their comments to

the Board. The summary may not exceed one page in

length and must also be received by the Board on or

before November 29, 2010. The one-page summary will be

provided to each member of the Board in the agenda

packet distributed prior to the meeting at which the final

regulation will be considered.

Electronic comments. Comments may be submitted electronically to the Board at RegComments@state.pa.us and

must also be received by the Board on or before November 29, 2010. A subject heading of the proposed rulemaking and a return name and address must be included

in each transmission. If an acknowledgement of electronic

comments is not received by the sender within 2 working

days, the comments should be retransmitted to the Board

to ensure receipt.

K. Public Hearings

The Board will hold public hearings in Harrisburg,

Cranberry Township and Norristown for the purpose of

accepting comments on this proposed rulemaking. The

hearings will be held at 7 p.m. as follows:

October 26, 2010 Department of

Environmental Protection

Rachel Carson State Office

Building

Conference Room 105

400 Market Street

Harrisburg, PA 17101

October 27, 2010 Cranberry Township

Municipal Building

2525 Rochester Road

Cranberry Township, PA

16066-6499

October 28, 2010 Department of

Environmental Protection

Southeast Regional Office

Delaware Conference Room

2 East Main Street

Norristown, PA 19401

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526 at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans with Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users)

or (800) 654-5988 (voice users) to discuss how the Board

may accommodate their needs.

JOHN HANGER,

Chairperson

Fiscal Note: 7-462. (1) General Fund;

State

Correctional

Institutions

(SCI)

Mental

Health

(MH)

Youth

Development

Centers

(YDC)

Mental

Retardation

(MR) Parks Forestry

(2) Implementing Year 2010-11 is $60,000 $4,000 $4,000 $4,000 $4,000 $4,000

(3) 1st Succeeding Year 2011-12 is $60,000 $4,000 $4,000 $4,000 $4,000 $4,000

2nd Succeeding Year 2012-13 is $60,000 $4,000 $4,000 $4,000 $4,000 $4,000

3rd Succeeding Year 2013-14 is $60,000 $4,000 $4,000 $4,000 $4,000 $4,000

4th Succeeding Year 2014-15 is $60,000 $4,000 $4,000 $4,000 $4,000 $4,000

5th Succeeding Year 2015-16 is $60,000 $4,000 $4,000 $4,000 $4,000 $4,000

(Amounts in Thousands) SCI MH YDC MR Parks Forestry

(4) Program Year 2009-10 $1,290,126 $680,097 $66,573 $86,611 $49,874 $16,445

Program Year 2008-09 $1,311,949 $707,890 $73,204 $83,632 $59,638 $16,907

Program Year 2007-08 $1,313,674 $709,168 $69,797 $103,424 $62,268 $16,441

(1) Motor License Fund;

Highway

Maintenance

Highway

Safety

Safety

Administration

and Licenses

General

Government

Operations Aviation

(2) Implementing Year 2010-11 is $64,000 $64,000 $64,000 $64,000 $64,000

(3) 1st Succeeding Year 2011-12 is $64,000 $64,000 $64,000 $64,000 $64,000

2nd Succeeding Year 2012-13 is $64,000 $64,000 $64,000 $64,000 $64,000

3rd Succeeding Year 2013-14 is $64,000 $64,000 $64,000 $64,000 $64,000

4th Succeeding Year 2014-15 is $64,000 $64,000 $64,000 $64,000 $64,000

5th Succeeding Year 2015-16 is $64,000 $64,000 $64,000 $64,000 $64,000

PROPOSED RULEMAKING 5461

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
(Amounts in Thousands)

Highway

Maintenance

Highway

Safety

Safety

Administration

and Licenses

General

Government

Operations Aviation

(4) Program Year 2009-10 $754,154 $92,225 $112,747 $47,739 $4,116

Program Year 2008-09 $826,227 $108,251 $117,842 $49,254 $4,689

Program Year 2007-08 $789,238 $140,000 $132,828 $50,668 $4,239

(8) recommends adoption.

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:

*****

ASTM—ASTM International, 100 Barr Harbor

Drive, P. O. Box C700, West Conshohocken, PA

19428-2959 USA, or on the World Wide Web at

www.astm.org.

*****

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—[ Commercial fuel oil and mixtures ] A fuel oil specifically produced, manufactured for sale and intended for use in fuel oilburning equipment. A mixture of commercial fuel

[ oils ] oil with [ other fuels ] noncommercial fuel

where 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 commercial fuel oil or

gasoline at any point between a refinery, [ an oxygenate ] a blending facility or terminal and a retail outlet

[ or ] , wholesale purchaser-consumer’s facility or ultimate consumer.

(ii) The term includes a refinery, [ an oxygenate ] a

blending facility or a terminal.

*****

Noncommercial [ fuels ] 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

[ where ] 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 [ vehicles ] 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 [ or ] , wholesale

purchaser-consumer’s facilities or ultimate consumers.

(ii) The term includes bulk gasoline terminals and

bulk gasoline plants. [ The ]

(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) The term includes the following:

(A) Terminal owner or operator.

(B) Carrier.

(C) Distributor.

(D) Retail outlet owner or operator.

(E) Ultimate consumer.

*****

Transferor—

(i) A person who initiates a sale or transfer.

(ii) The term includes the following:

(A) Refinery owner or operator.

(B) Terminal owner or operator.

(C) Carrier.

(D) Distributor.

5462 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
(E) Retail outlet owner or operator.

*****

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.

*****

CHAPTER 123. STANDARDS FOR CONTAMINANTS

SULFUR COMPOUND EMISSIONS

§ 123.22. Combustion units.

(a) Nonair basin areas. Combustion units in nonair

basin areas [ shall ] must conform with the following:

(1) General provision. [ No ] 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

[ any ] a 1-hour period, except as provided [ for ] in

paragraph (4).

(2) Commercial fuel oil. [ No ]

(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 [ which ] on or after the applicable compliance date listed in this subparagraph,

if the commercial fuel oil contains sulfur in excess of

the applicable limit or percentage by weight set forth in

the following table:

[ Grades Commercial Fuel Oil % Sulfur

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 ]

Compliance Date

Commercial Fuel Oil May 1, 2012 May 1, 2012

No. 2 and lighter (viscosity less than or equal to 5.820cSt) 15 ppm

No. 4 oil (viscosity greater than 5.820cSt) 0.25% sulfur

No. 5, No. 6 and heavier oil (viscosity greater than 5.820cSt) 0.5% sulfur

(ii) Commercial fuel oil that was stored in this

Commonwealth by the ultimate consumer prior to

the applicable compliance date in subparagraph (i),

which met the applicable maximum sulfur content

at the time it was stored, may be used in this

Commonwealth after the applicable compliance

date in subparagraph (i).

(iii) The Department, with the written concurrence of the Administrator of the EPA, may temporarily suspend or increase the applicable limit or

percentage by weight of sulfur content of a commercial fuel oil set forth in the table in subparagraph (i) if both of the following occur:

(A) The Department determines that an insufficient quantity of compliant commercial fuel oil is

reasonably available in a nonair basin area.

(B) The Department receives a written request

for a suspension or increase on the basis that

compliant commercial fuel oil is not reasonably

available. 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.

(iv) The Department will limit a suspension or

increase in the applicable limit granted under subparagraph (iii) to the shortest duration in which

adequate supplies of compliant commercial fuel oil

can be made reasonably available.

(v) The sulfur content limit for No. 2 and lighter

commercial fuel oil may not exceed 500 ppm if a

temporary increase in the applicable limit of sulfur

content is granted under subparagraph (iii).

(3) Equivalency provision. Paragraph (2) [ may ] does

not apply to [ those persons ] a person who uses

equipment or a process, or [ installations ] to the

owner or operator of an installation where equipment or [ processes are ] a process is used, to reduce

the sulfur emissions from the burning of [ fuels ] 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 [ the fuels ] commercial

fuel oil that meets the applicable limit or percentage by weight specified in paragraph (2).

*****

(b) Erie; Harrisburg; York; Lancaster; and Scranton,

Wilkes-Barre air basins. Combustion units in these subject air basins [ shall ] must conform with the following:

(1) General provision. [ No ] 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 [ for ] in paragraph (4).

(2) Commercial fuel oil. [ No ]

(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 [ which contain ] on or after

the applicable compliance date listed in this subparagraph, if the commercial fuel oil contains sulfur

in excess of the applicable limit or percentage by weight

set forth in the following table:

PROPOSED RULEMAKING 5463

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
[ Grades Commercial Fuel Oil

Effective August 1, 1979

% Sulfur

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 ]

Compliance Date

Commercial Fuel Oil May 1, 2012 May 1, 2012

No. 2 and lighter (viscosity less than or equal to 5.820cSt) 15 ppm

No. 4 oil (viscosity greater than 5.820cSt) 0.25% sulfur

No. 5, No. 6 and heavier oil (viscosity greater than 5.820cSt) 0.5% sulfur

(ii) Commercial fuel oil that was stored in this

Commonwealth by the ultimate consumer prior to

the applicable compliance date in subparagraph (i),

which met the applicable maximum sulfur content

at the time it was stored, may be used in this

Commonwealth after the applicable compliance

date in subparagraph (i).

(iii) The Department, with the written concurrence of the Administrator of the EPA, may temporarily suspend or increase the applicable limit or

percentage by weight of sulfur content of a commercial fuel oil set forth in the table in subparagraph (i) if both of the following occur:

(A) The Department determines that an insufficient quantity of compliant commercial fuel oil is

reasonably available in the subject air basins.

(B) The Department receives a written request

for a suspension or increase on the basis that

compliant commercial fuel oil is not reasonably

available. 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.

(iv) The Department will limit a suspension or

increase in the applicable limit granted under subparagraph (iii) to the shortest duration in which

adequate supplies of compliant commercial fuel oil

can be made reasonably available.

(v) The sulfur content limit for No. 2 and lighter

commercial fuel oil may not exceed 500 ppm if a

temporary increase in the applicable limit of sulfur

content is granted under subparagraph (iii).

(3) Equivalency provision. Paragraph (2) does not apply

to [ those persons ] a person who uses equipment or

a process, or [ installations ] to the owner or operator of an installation where equipment or [ processes

are ] a process is used, to reduce the sulfur emissions

from the burning of [ fuels ] 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 [ the fuels ] commercial fuel oil that meets

the applicable limit or percentage by weight specified in paragraph (2).

*****

(c) Allentown, Bethlehem, Easton, Reading, Upper Beaver Valley and Johnstown air basins. Combustion units in

these subject air basins [ shall ] must conform with the

following:

(1) General provision. [ No ] A person may not permit

the emission into the outdoor atmosphere of sulfur oxides,

expressed as SO2, from [ any ] a combustion unit [ , at

any time, ] in excess of the rate of 3 pounds per million

Btu of heat input over [ any ] a 1-hour period, except as

provided [ for ] in paragraph (4).

(2) Commercial fuel oil. [ No ]

(i) Except as specified in subparagraphs (ii) and

(iii), a person may [ , at any time, ] 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

the [ effective dates ] applicable compliance date

listed in this [ paragraph which ] subparagraph, if

the commercial fuel oil contains sulfur in excess of the

applicable limit or percentage by weight set forth in the

following table:

[ Grades Commercial Fuel Oil

Effective August 1, 1979

% Sulfur

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 ]

Compliance Date

Commercial Fuel Oil May 1, 2012 May 1, 2012

No. 2 and lighter (viscosity less than or equal to 5.820cSt) 15 ppm

No. 4 oil (viscosity greater than 5.820cSt) 0.25% sulfur

No. 5, No. 6 and heavier oil (viscosity greater than 5.820cSt) 0.5% sulfur

5464 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
(ii) Commercial fuel oil that was stored in this

Commonwealth by the ultimate consumer prior to

the applicable compliance date in subparagraph (i),

which met the applicable maximum sulfur content

at the time it was stored, may be used in this

Commonwealth after the applicable compliance

date in subparagraph (i).

(iii) The Department, with the written concurrence of the Administrator of the EPA, may temporarily suspend or increase the applicable limit or

percentage by weight of sulfur content of a commercial fuel oil set forth in the table in subparagraph (i) if both of the following occur:

(A) The Department determines that an insufficient quantity of compliant commercial fuel oil is

reasonably available in the subject air basins.

(B) The Department receives a written request

for a suspension or increase on the basis that

compliant commercial fuel oil is not reasonably

available. 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.

(iv) The Department will limit a suspension or

increase in the applicable limit granted under subparagraph (iii) to the shortest duration in which

adequate supplies of compliant commercial fuel oil

can be made reasonably available.

(v) The sulfur content limit for No. 2 and lighter

commercial fuel oil may not exceed 500 ppm if a

temporary increase in the applicable limit of sulfur

content is granted under subparagraph (iii).

(3) Equivalency provision. Paragraph (2) does not apply

to [ those persons ] a person who uses equipment or

a process, or [ installations ] to the owner or operator of an installation where equipment or [ processes

are ] a process is used, to reduce the sulfur emissions

from the burning of [ fuels ] a fuel with a higher sulfur

content than that specified in paragraph (2) [ ; however,

the ]. The emissions may not exceed those which would

result from the use of [ the fuels ] commercial fuel oil

that meets the applicable limit or percentage by

weight specified in paragraph (2).

*****

(d) Allegheny County, Lower Beaver Valley[ , ] and

Monongahela Valley air basins. [ No person may permit the emission into the outdoor atmosphere of

sulfur oxides, expressed as SO2, from any combustion unit in excess of any of ] 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 [ one ] 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.

[ (2) ] (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.

[ (3) ] (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 the

applicable compliance date listed in this subparagraph, if the commercial fuel oil contains sulfur in

excess of the applicable limit or percentage by

weight set forth in the following table:

Compliance Date

Commercial Fuel Oil May 1, 2012 May 1, 2012

No. 2 and lighter (viscosity less than or equal to 5.820cSt) 15 ppm

No. 4 oil (viscosity greater than 5.820cSt) 0.25% sulfur

No. 5, No. 6 and heavier oil (viscosity greater than 5.820cSt) 0.5% sulfur

(ii) Commercial fuel oil that was stored in this

Commonwealth by the ultimate consumer prior to

the applicable compliance date in subparagraph (i),

which met the applicable maximum sulfur content

at the time it was stored, may be used in this

Commonwealth after the applicable compliance

date in subparagraph (i).

(iii) The Department, with the written concurrence of the Administrator of the EPA, may temporarily suspend or increase the applicable limit or

percentage by weight of sulfur content of a commercial fuel oil set forth in the table in subparagraph (i) if both of the following occur:

(A) The Department determines that an insufficient quantity of compliant commercial fuel oil is

reasonably available in the subject air basins.

(B) The Department receives a written request

for a suspension or increase on the basis that

compliant commercial fuel oil is not reasonably

available. 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.

PROPOSED RULEMAKING 5465

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
(iv) The Department will limit a suspension or

increase in the applicable limit granted under subparagraph (iii) to the shortest duration in which

adequate supplies of compliant commercial fuel oil

can be made reasonably available.

(v) The sulfur content limit for No. 2 and lighter

commercial fuel oil may not exceed 500 ppm if a

temporary increase in the applicable limit of sulfur

content is granted under subparagraph (iii).

(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 limit or percentage by weight

specified in paragraph (2).

(e) Southeast Pennsylvania air basin. Combustion units

in the Southeast Pennsylvania air basin [ shall ] must

conform with the following:

(1) General provision. [ No ] A person may not permit

the emission into the outdoor atmosphere of sulfur oxides,

expressed as SO2, from [ any ] a combustion unit except

as provided [ for ] 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. [ No ]

(i) Except as specified in subparagraphs (ii) and

(iii), a person may [ , at any time, ] not offer for sale,

deliver [ or ] for use, exchange in trade or permit the use

of commercial fuel oil [ for use ] in a combustion

[ units ] unit in the Southeast Pennsylvania air basin

[ which ] on or after the applicable compliance date

listed in this subparagraph, if the commercial fuel

oil contains sulfur in excess of the applicable [ percentages ] limit or percentage by weight set forth in the

following table:

[ 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% ]

Compliance Date

Commercial Fuel Oil May 1, 2012 May 1, 2012

No. 2 and lighter (viscosity less than or equal to 5.820cSt) 15 ppm

No. 4 oil (viscosity greater than 5.820cSt) 0.25% sulfur

No. 5, No. 6 and heavier oil (viscosity greater than 5.820cSt) 0.5% sulfur

(ii) Commercial fuel oil that was stored in this

Commonwealth by the ultimate consumer prior to

the applicable compliance date in subparagraph (i),

which met the applicable maximum sulfur content

at the time it was stored, may be used in this

Commonwealth after the applicable compliance

date in subparagraph (i).

(iii) The Department, with the written concurrence of the Administrator of the EPA, may temporarily suspend or increase the applicable limit or

percentage by weight of sulfur content of a commercial fuel oil set forth in the table in subparagraph (i) if both of the following occur:

(A) The Department determines that an insufficient quantity of compliant commercial fuel oil is

reasonably available in the subject air basin.

(B) The Department receives a written request

for a suspension or increase on the basis that

compliant commercial fuel oil is not reasonably

available. 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.

(iv) The Department will limit a suspension or

increase in the applicable limit granted under subparagraph (iii) to the shortest duration in which

adequate supplies of compliant commercial fuel oil

can be made reasonably available.

(v) The sulfur content limit for No. 2 and lighter

commercial fuel oil may not exceed 500 ppm if a

temporary increase in the applicable limit of sulfur

content is granted under subparagraph (iii).

(3) Noncommercial fuels. [ No ] A person may not

permit the emission into the outdoor atmosphere of sulfur

oxides, expressed as SO2, from [ any ] a combustion unit

using a noncommercial fuel [ at any time ] , in excess of

the rate of 0.6 pounds 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 [ those persons ] a person who uses equipment or a process, or [ installations ] to the owner

or operator of an installation where equipment or

[ processes are ] a process is used, to reduce the

sulfur emissions from the burning of [ fuels ] a fuel

with a higher sulfur content than that specified in

paragraph (2)[ ; however, the ]. The emissions may not

exceed those which would result from the use of [ the

5466 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
fuels ] commercial fuel oil that meets the applicable

limit or percentage by weight specified in paragraph

(2).

*****

(f) Sampling and testing.

(1) For the purpose of determining compliance

with the requirements of this section, the 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, the Administrator of the United States

Environmental Protection Agency, or both.

(2) A refinery owner or operator who produces

commercial fuel oil intended for use or used in this

Commonwealth on or after the applicable compliance date in subsections (a)(2), (b)(2), (c)(2), (d)(2)

and (e)(2), is required to sample, test and calculate

the sulfur content of each batch of the commercial

fuel oil as specified in paragraph (1).

(3) A terminal owner or operator shall develop

and implement written procedures, including procedures for commercial fuel oil sampling and testing as specified in paragraph (1). These procedures

shall be made available to the Department upon

request.

(g) Recordkeeping and reporting.

(1) Beginning with the refinery owner or operator who sells or transfers commercial fuel oil in this

Commonwealth and ending with the ultimate consumer, on or after the applicable compliance date

specified in subsections (a)(2), (b)(2), (c)(2), (d)(2)

and (e)(2), each time the physical custody of, or

title to, a shipment of commercial fuel oil changes

hands, 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 sulfur content of the commercial fuel oil

by limit or weight percent on a per-gallon basis

determined using the sampling and testing methods

specified in subsection (f).

(vi) The location of the commercial fuel oil at the

time of transfer.

(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 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

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

records developed under subsection (f)(3) to determine the sulfur content of the commercial fuel oil.

(ii) Provide electronic or written copies of the

records of the sulfur content of the 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.

(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.

CHAPTER 139. SAMPLING AND TESTING

Subchapter A. SAMPLING AND TESTING

METHODS AND PROCEDURES

GENERAL

§ 139.4. References.

The references referred to in this chapter are as

follows:

*****

(10) [ Standard Method of Sampling Petroleum

and Petroleum Products, American Society for Testing Materials, D 270-80, 1916 Race Street, Philadelphia, Pennsylvania 19103 ] ASTM D 4057, Practice

for Manual Sampling of Petroleum and Petroleum

Products, including updates and revisions.

(11) [ Standard Method of Test for Kinematic Viscosity of Transparent and Opaque Liquids (and the

calculation of Dynamic Viscosity), American Society

for Testing Materials, D 445-79, 1916 Race Street,

Philadelphia, Pennsylvania 19103 ] ASTM D 445,

Standard Test Method for Kinematic Viscosity of

Transparent and Opaque Liquids (and Calculation

of Dynamic Viscosity), including updates and revisions.

(12) [ Standard Method of Test for Sulfur in Petroleum Products (Lamp Method), American Society for

Testing Materials, D 1266-80, 1916 Race Street,

Philadelphia, Pennsylvania 19103 ] ASTM D 1266,

Test Methods for Sulfur in Petroleum Products:

Lamp Method, including updates and revisions.

(13) [ Standard Method of Test for Sulfur in Petroleum Products by the Bomb Method, American Society for Testing Materials, D 129-78, 1916 Race

Street, Philadelphia, Pennsylvania 19103 ] ASTM D

129, Test Methods for Sulfur in Petroleum Products:

General Bomb Method, including updates and revisions.

(14) [ Standard Method of Test for Sulfur in Petroleum Products (High Temperature Method), AmeriPROPOSED RULEMAKING 5467

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
can Society for Testing Materials, D 1552-79, 1916

Race Street, Philadelphia, Pennsylvania 19103 ]

ASTM D 1552, Test Methods for Sulfur in Petroleum

Products: High-Temperature Method, including updates and revisions.

(15) [ Standard Method of Test for Sulfur in Petroleum Products (X-Ray Spectrographic Method),

American Society for Testing Materials, D 2622-77,

1916 Race Street, Philadelphia, Pennsylvania

19103 ] ASTM D 2622, Test Methods for Sulfur in

Petroleum Products by X-Ray Spectrometry, including updates and revisions.

*****

(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.

STATIONARY SOURCES

§ 139.16. Sulfur in fuel oil.

The following [ are applicable ] 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).

*****

(3) Tests methods and procedures for the determination

of sulfur shall be those specified in § 139.4(12)—(15) and

(20).

*****

[Pa.B. Doc. No. 10-1834. Filed for public inspection September 24, 2010, 9:00 a.m.]

PENNSYLVANIA GAMING

CONTROL BOARD

[ 58 PA. CODE CHS. 401a, 421a, 439a, 440a, 441a,

451a, 465a, 481a, 501a AND 503a ]

Gaming Junket Amendments

The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30)

(relating to general and specific powers) and the specific

authority in 4 Pa.C.S. §§ 1601—1611 (relating to junkets), proposes to amend Chapters 401a, 421a, 439a,

440a, 441a, 451a, 465a, 481a, 501a and 503a to read as

set forth in Annex A.

Purpose of the Proposed Rulemaking

This proposed rulemaking amends and updates these

chapters to improve clarity, eliminate or reduce the

registration or application requirements for some entities

and individuals and to bring the Board’s regulations into

conformity with revisions to 4 Pa.C.S. Part II (relating to

Pennsylvania Race Horse Development and Gaming Act)

(act) enacted by act of January 7, 2010 (P. L. 1, No. 1)

(Act 1).

Explanation of Amendments to Chapters 401a, 421a,

439a, 440a, 441a, 451a, 465a, 481a, 501a and 503a

Throughout these chapters, the word ‘‘gaming’’ was

added before ‘‘junket,’’ ‘‘junket enterprise’’ and ‘‘junket

representative’’ to conform to amendments to the act

enacted by Act 1.

In § 439a.1 (relating to definitions) the definitions of

‘‘junket,’’ ‘‘junket enterprise’’ and ‘‘junket representative’’

have been amended to mirror the definitions in Act 1.

Section 439a.2(a) (relating to gaming junket enterprise

general requirements; participation in a gaming junket)

has amended the name of the application form the

gaming junket enterprise must complete to apply for a

license. Additionally, applications for a gaming junket

enterprise license shall now be submitted by the gaming

junket enterprise, not by the slot machine licensee.

Subsection (b) was amended to clarify existing language.

Subsections (d) and (e) have been amended to change

‘‘person’’ to ‘‘individual.’’ ‘‘Person’’ is a statutorily defined

term that includes both individuals and entities. Subsections (d) and (e), however, don’t apply to entities; they

only apply to individuals.

Section 439a.3(a) (relating to gaming junket enterprise

license applications) was amended to include the number

of copies an applicant for a gaming junket enterprise

license shall file. Language requiring verification has

been deleted from (a) because that verification shall be

provided by the slot machine licensee, not by the gaming

junket enterprise. The verification requirement was

moved to subsection (d).

Subsection (b)(2) previously required that application

forms be completed for affiliates, intermediaries, subsidiaries and holding companies of the junket enterprise.

Affiliates and subsidiaries are no longer required to

complete applications. This reflects the policy decision of

the Board that the licensing of affiliates, intermediaries,

subsidiaries and holding companies of the gaming junket

enterprise is overly burdensome and not necessary to

protect the integrity of gaming. A limited number of

intermediaries and holding companies are now required

to complete applications in accordance with revised

§ 439a.4a (relating to individual and entity applications).

The requirement that applicants promptly provide information to the Board is existing language moved from

subsection(c)(1).

Subsection (b)(3) previously required that each natural

person who was a principal or key employee complete a

registration. Key employees are no longer required to

complete applications or registrations. The requirements

for principal applications was moved to revised § 439a.4a.

The language requiring compliance with general application requirements is existing language moved from subsection (c)(2).

Subsection (d) has been renumbered as subsection (c).

Subsection (d) was added and requires the slot machine

licensee to submit a verification and due diligence form

prior to engaging the services of a gaming junket enterprise. This verification requirement was taken, in part,

from subsection (a).

5468 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 39, SEPTEMBER 25, 2010
PROPOSED RULEMAKING

DEPARTMENT OF

ENVIRONMENTAL

PROTECTION

[ 25 PA. CODE CHS. 121, 123 AND 139]

Commercial Fuel Oil Sulfur Limits for Combustion

Units; Advance Notice of Final Rulemaking

The Department of Environmental Protection (Department) is soliciting comments on changes it recommends

be made to the commercial fuel oil sulfur limits for

combustion units proposed rulemaking published at 40

Pa.B. 5456 (September 25, 2010).

The draft final rulemaking establishes in Chapter 123

(relating to standards for contaminants) lower maximum

allowable sulfur limits in commercial fuel oils used in

oil-burning combustion units in this Commonwealth by

replacing existing area-specific sulfur content limits with

a Statewide sulfur content limit. The draft final rulemaking adds two terms and revises definitions of eight

terms in Chapter 121 (relating to general provisions). The

new terms are ‘‘ASTM’’ and ‘‘ultimate consumer’’ and the

revised terms are ‘‘carrier,’’ ‘‘commercial fuel oil,’’ ‘‘distributor,’’ ‘‘noncommercial fuel,’’ ‘‘retail outlet,’’ ‘‘terminal,’’

‘‘transferee’’ and ‘‘transferor.’’ The draft final rulemaking

also updates methods for testing sulfur in petroleum

products in Chapter 139 (relating to sampling and testing). The American Society for Testing and Materials

documents referenced in this chapter are available for

public review at the Department’s headquarters at the

Rachel Carson State Office Building, 400 Market Street,

Harrisburg, PA.

Combustion of sulfur-containing commercial fuel oils

releases sulfur dioxide (SO2) emissions, which contribute

to the formation of regional haze and fine particulate

matter (PM2.5), both of which are serious human health

and public welfare threats. The control measure in the

draft final rulemaking is an important part of the

Commonwealth’s efforts to meet the 2018 reasonable

progress goals for reducing regional haze established by

the Commonwealth in consultation with the member

states of the Mid-Atlantic/Northeast Visibility Union

(MANE-VU). The control measure in the draft final

rulemaking is also reasonably necessary to attain and

maintain the National Ambient Air Quality Standards in

this Commonwealth. If published in the Pennsylvania

Bulletin as a final-form rulemaking, the regulations will

be submitted to the United States Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP).

A. Summary of the Advance Notice of Final Rulemaking

Changes

In response to comments received during the official

public comment period on the proposed rulemaking for

commercial fuel oil limits for combustion units and

following the Department’s review of other related information, the Department has prepared a draft final rulemaking for public comment. The draft final rulemaking

contains significant changes in several areas. These

changes include the following:

• The proposed rulemaking contained a sulfur limit of

15 parts per million (ppm) for No. 2 and lighter commercial fuel oil. The draft final rulemaking changes this limit

to 500 ppm. The Department received a number of

comments indicating that the 15 ppm limit was not

necessary to reduce SO2 and PM2.5 emissions from heating oil and was not necessary for use in high efficiency

boilers. Representatives of refineries commenting on the

proposed rulemaking also pointed out that the cost of

lowering the maximum sulfur content to 15 ppm was

significantly greater than the cost of lowering the maximum content to 500 ppm and that the cost effectiveness

(cost per ton) was too high for a reduction to 15 ppm.

Several commentators indicated support for a 500 ppm

sulfur limit in conjunction with a revised compliance

date. Sulfur limits for fuel oils heavier than No. 2 are not

changed in the draft final rulemaking. The draft final

rulemaking expresses the new maximum allowable sulfur

content limits in both ppm and percentages to improve

clarity. The Department seeks updated information from

commentators on the cost of the limits contained in the

proposed final rulemaking.

• The proposed rulemaking contained a compliance

date of May 1, 2012, for revised sulfur limits. The draft

final rulemaking changes the compliance date for revised

sulfur content limits to July 1, 2016. The Department

received a number of comments indicating that the

proposed compliance date and the timespan for compliance would present significant challenges to fuel producers to provide an adequate supply of compliant fuel at the

15 ppm content limit. In addition to providing an additional 2 years to achieve compliance, the Department

changed the month in the draft final rulemaking to be

consistent with the timing of requirements in New York

and New Jersey. The Department seeks comment on the

ability of the industry to meet the new compliance date

taking into account the change in maximum allowable

sulfur content limit.

• The proposed rulemaking included a provision for

temporary suspension of the fuel limit and the ability of

the Department to increase the applicable limit in certain

conditions. The Department is making two changes to

this provision. First, the Department removed the requirement that the Department would implement the

provision only ‘‘with the written concurrence of the Administrator of the EPA.’’ While consultation with the EPA

will be necessary if and when the EPA approves the

final-form rulemaking as a SIP revision, the Department

does not believe that this consultation needs to be

formalized in the regulation itself. Second, the Department removed the requirement that establishes a maximum allowable sulfur content of 500 ppm for a temporary

increase. This change resolves the inconsistency in setting

a temporary content limit that is the same as a permanent content limit. More importantly, the Department

intends this provision to be rarely used and only after

consideration of supply factors in an air basin; a specific

content maximum above 500 ppm would not adequately

allow the Department to consider use of fuel from all

available sources.

• The proposed rulemaking would have required terminal owners or operators to develop and implement written

procedures for sampling and testing to be made available

to the Department upon request. These requirements

3596

PENNSYLVANIA BULLETIN, VOL. 42, NO. 25, JUNE 23, 2012
would have been in addition to the testing required of

refineries that produce fuel oil intended for use in this

Commonwealth. It was the intention of the Department

to ensure that parties, including the ultimate consumer,

could be assured that records of sulfur content required to

be provided by transferor to transferee were supported by

sampling and testing. The Department received comments that these requirements were duplicative. The

Department agrees. Therefore, the draft final rulemaking

requires sampling, testing and calculating of the sulfur

content by a transferor only if records of sulfur content

are not otherwise provided with the shipment of commercial fuel oil.

• In the draft final rulemaking, recordkeeping and

reporting requirements specify that the sulfur content

may be recorded in either ppm by weight or weight

percent and clarify that the actual sulfur content (not the

regulated maximum allowable sulfur content) must be in

the record.

In performing the analysis for MANE-VU in February

2008, the Northeast States for Coordinated Air Use

Management (NESCAUM) estimated that the annual SO2

emission reduction benefits in this Commonwealth from

the proposed rulemaking sulfur content limits (that is, 15

ppm sulfur content by 2018 and proposed limits for

heavier oils) would be approximately 29,000 tons per year

and that reducing sulfur content in No. 2 oil from existing

levels to 500 ppm would account for approximately 21,000

tons per year of that reduction. An additional 4,000 tons

per year reduction was for the decrease from 500 ppm to

15 ppm and 4,000 tons per year reduction for the

decrease from existing levels to 500 ppm for Nos. 4 and 6

commercial fuel oils. Removing the requirement of 15

ppm sulfur content in commercial fuel oil in the draft

final rulemaking from consideration at this time reduces

the estimated maximum annual SO2 emission reduction

from 29,000 tons per year to 25,000 tons per year.

However, because the use of commercial fuel oils has been

declining overall in this Commonwealth since the time

frame of the analysis performed by NESCAUM for

MANE-VU, the actual annual reduction in SO2 is expected to be less than the estimated maximum.

While there is not a legal requirement to provide an

opportunity to comment upon the Department’s recommendations for final-form rulemaking, the Department

believes comments on the draft final rulemaking would

serve the public interest in this instance. The Department

particularly seeks comments on the issues of cost and fuel

availability.

B. Contact Persons

For further information or to request a copy of the draft

final rulemaking, contact Arleen Shulman, Division of Air

Resource Management, Bureau of Air Quality, Rachel

Carson State Office Building, 12th Floor, P. O. Box 8468,

Harrisburg, PA 17101-8468, (717) 772-3436, ashulman@

pa.gov; or Kristen Furlan, Assistant Counsel, Bureau of

Regulatory Counsel, 9th Floor, Rachel Carson State Office

Building, P. O. Box 8464, Harrisburg, PA 17105-8464,

(717) 787-7060, kfurlan@pa.gov. Persons with a disability

may use the AT&T Relay Service, (800) 654-5984 (TDD

users) or (800) 654-5988 (voice users). The draft final

rulemaking is available on the Department’s website at

http://www.dep.state.pa.us.

C. Public Comments

Written or electronic comments should be sent to

Arleen Shulman at the previous address. Comments must

be received by July 23, 2012. A subject heading of the

rulemaking and a return name and address must be

included in each letter or transmission. Comments will

not be accepted by facsimile or voice mail.

MICHAEL L. KRANCER,

Secretary

[Pa.B. Doc. No. 12-1162. Filed for public inspection June 22, 2012, 9:00 a.m.]

STATE BOARD OF

MEDICINE

[ 49 PA. CODE CHS. 16 AND 18 ]

Perfusionist

The State Board of Medicine (Board) proposes to amend

§§ 16.1, 16.11 and 16.13 (relating to definitions; licenses,

certificates and registrations; and licensure, certification,

examination and registration fees) and to add

§§ 18.601—18.611 (relating to perfusionists) to read as

set forth in Annex A.

Effective Date

The proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin.

Statutory Authority

The proposed rulemaking is authorized under sections

8 and 13.3(c) of the Medical Practice Act of 1985 (act) (63

P. S. §§ 422.8 and 422.13c(c)).

Background and Need for the Amendment

The act of June 11, 2008 (P. L. 154, No. 19) (Act 19)

amended the act to provide for licensure of perfusionists.

Section 2 of the act (63 P. S. § 422.2) defines the term

‘‘perfusion’’ as ‘‘the functions necessary for the support,

treatment, measurement or supplementation of the cardiovascular system or other organs, or a combination of

those functions, and for ensuring the safe management of

physiologic functions by monitoring and analyzing the

parameters of the systems under the supervision of a

physician . . . .’’ This proposed rulemaking is intended to

implement licensure of perfusionists. This proposed rulemaking is also designed to provide to prospective licensees adequate notice of the requirements for licensure as a

perfusionist.

Section 13.3(a) of the act provides that ‘‘two years after

the effective date of this section, it shall be unlawful for

any person to hold himself out to the public as a

perfusionist or to practice or offer to practice perfusion

unless the person holds a valid, current license issued by

the board or the State Board of Osteopathic Medicine.’’

The Board did not propose a rulemaking to incorporate

the ‘‘grandfather’’ provision of section 13.3(g) of the act.

That section provided that, during the first 2 years after

the effective date of Act 19, a person who was not a

graduate of an accredited program prior to 1981, but who

met the then-current eligibility requirements for certification as a certified clinical perfusionist and subsequently

was certified, could become licensed if the person otherwise complies with the requirements for licensure. This

PROPOSED RULEMAKING 3597

PENNSYLVANIA BULLETIN, VOL. 42, NO. 25, JUNE 23, 2012
Commercial Fuel Oil Sulfur Limits for Combustion Units 

Amendments to 25 Pa. Code Chapters 121, 123 and 139 

Environmental Quality Board Regulation 7-462 

(Independent Regulatory Review Commission #2874) 

Advance Notice of Final Rulemaking 

Comment and Response Document 

Bureau of Air Quality 

Department of Environmental Protection 
2 of 10 

 Commercial Fuel Oil Sulfur Limits for Combustion Units 

In response to comments received during the official public comment period on the proposed 

rulemaking for commercial fuel oil sulfur limits for combustion units (40 Pa.B. 5456, September 

25, 2010) following the Department's review of other related information, the Department 

prepared a draft final-form rulemaking for public comment. The draft final-form rulemaking 

contained significant changes from proposed in several areas, and the Department believed 

further discussion and an additional comment period would serve the public interest. An 

Advance Notice of Final Rulemaking (ANFR) was published in the Pennsylvania Bulletin on 

June 23, 2012 (42 Pa.B. 3596). The ANFR comment period closed on July 23, 2012. 

This document summarizes the written comments received from the public during the ANFR 

public comment period held by the Department that followed the Board’s official public 

comment period. Each comment is listed with an identifying number for each commentator that 

made the comment. A list of the commentators, including name, affiliation (if any), and 

location, can be found at the beginning of this document. If adopted by the Board and published 

in the Pennsylvania Bulletin as final-form rulemaking, the final regulation will be submitted to 

the U.S. Environmental Protection Agency (EPA) for approval as a revision to the State 

Implementation Plan (SIP). 
3 of 10 

COMMENTATORS 

1 John P. Shimshock, Sr. Air Environmental Specialist 

GenOn 

121 Champion Way 

Canonsburg, PA 15317

2 Marla K. Benyshek, Director of Fuels Regulatory Issues 

Phillips 66 

132 AL BTC, Highway 60 & 123 

Bartlesville, Ok. 74004 

3 Jason L. Mengel, Measurement & Quality Control Leader 

Buckeye Partners, L.P. 

5 TEK Park, 9999 Hamilton Blvd 

Breinigsville, PA 18031 

4 John v. Kulik, Executive Vice President 

Pennsylvania Petroleum Marketers and Convenience Store Association 

PO Box 68 

Middletown, PA 17034-0068 

5 Joseph T. Leighton, Esq., Associate Director 

Associated Petroleum Industries of Pennsylvania 

300 N. 2nd St Suite 902 

Harrisburg, PA 17101 

6 Douglas L. Biden, President 

Electric Power Generation Association 

800 N. 3rd Street, Suite 303 

Harrisburg, PA 17102 

7 Joseph Otis Minott, Esq., Executive Director 

Clean Air Council 

135 South 19th Street, Suite 300 

Philadelphia, PA 19103 

8 Eric Swisher, Technical Manager 

All4 

P.O. Box 299 

Kimberton, PA 19442 
4 of 10 

GENERAL 

1. Comment: The commentator supports lowering sulfur standards for commercial fuel 

oils provided the reductions result in real environmental benefits, and are cost effective, and 

provided companies are given sufficient lead time to make changes to refining and distribution 

operations. The draft final-form rulemaking meets these criteria. (5) 

Response: The Department appreciates the support. 

2. Comment: The commentators support the rule and suggest making changes in two 

definitions and one record-keeping provision. (1, 6) 

Response: The Department appreciates the support and addresses the commentator’s 

suggestions in responses to comments 11 and 12. 

3. Comment: The commentator thanks the state for changing the proposal to recognize 

industry’s need for a 4-year lead time. (2) 

 Response: The Department agrees that allowing refiners, including refineries within 

Pennsylvania, time to develop adequate desulfurization capacity is important to ensuring supplies 

of commercial fuel oil in the Commonwealth. 

4. Comment: Should the state reconsider a 15 ppm standard as originally proposed, the 

energy and environmental impacts should be taken into consideration and the earlier comments 

from the commentator be reviewed. (5) 

 Response: The 15 ppm standard is not being adopted, at this time, in the final-form 

rulemaking. 

5. Comment: The commentator strongly supports a more aggressive schedule for reducing 

sulfur in heating oil, and recommends 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 use of 

ultra-low sulfur heating oil results in improvements in the environment. (4) 

 Response: The Department has not changed the compliance date for reducing sulfur in 

heating oil. The Department agrees that the use of 15 ppm sulfur content limit would provide a 

small additional environmental benefit. However, most of the benefit in the change in sulfur 

levels comes from reducing sulfur from existing levels (2000 to 2500 ppm) to 500 ppm. 

6. Comment: The commentator supports tightening the sulfur allowed in commercial fuel 

oil but urges the adoption of a tighter standard that is more protective of public health. Heating 

oil burners emit particulate matter (PM), oxides of nitrogen (NOx), sulfur dioxide (SO2), 

mercury, and carbon dioxide (a greenhouse gas linked to global warming). These pollutants 

have a major impact on public health, ozone formation, fine particulate, regional haze and acid 

precipitation. The change from 15 ppm to 500 ppm results in nearly a 20% increase in SO2 
5 of 10 

emissions which has real and measurable impacts on human health, including a change from the 

estimated 85 lives saved in Pennsylvania 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. (7) 

Response: The Department agrees that heating oil emits the pollutants mentioned by the 

commentator, 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 

co-benefits. See also the response to comment 5 above. 

COST SAVINGS TO CONSUMERS 

7. Comment: 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. 

(4, 7) 

Response: The Department agrees that cleaner combustion results in cost savings to 

consumers. However, 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. 

8. Comment: 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. (4, 7) 

Response: The Department agrees there would be some efficiency in storage and 

transportation should No. 2 fuel oil and transportation fuels have the same sulfur content. 

However, 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. 

9. Comment: Recent 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. (4) 

Response: 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. 

10. Comment: 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 concern with all Northeast states moving to a 15 ppm standard, namely 

that there will not be enough supply, is overstated. (7) 
6 of 10 

Response: The Department disagrees with the characterizations offered by the 

commentator on cost and supply. The commentator appears to be confusing the incremental cost 

difference to the consumer with the cost incurred by any 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 at this time for the additional environmental benefit. 

See response to comment #9 in regard to supply. 

11. Comment: The commentator states 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 therefore supports the stepped approach used in several other states 

(500 in 2014, 15 in 2018) as reasonable. This would be similar to the incremental stepped 

approach in transportation fuels. The commentator suggests that the Department revise the 

compliance date for 500 ppm sulfur from 2016 to 2014 and adopt a 15 ppm sulfur limit. This 

schedule would provide refiners with four years notice from when they should have known a 

change will be made. New York successfully transitioned to 15 ppm in a two year time frame. 

(7) 

Response: The Department has not adopted the suggested phased-in schedule, since 

allowing refiners, including refineries within Pennsylvania, the time to develop adequate 

desulfurization capacity is important to ensuring supplies of commercial fuel oil in the 

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. 

DEFINITIONS 

12. Comment: The commentator 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.” (1, 6) 

 Response: The Department agrees that the terms should be consistent, and has changed 

“fuel oil-burning equipment” to “combustion unit” in the definition of “commercial fuel oil” 

13. Comment: The commentator requests 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. (1, 6) 

 Response: 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. 

HEAVIER OILS 

14. Comment: The commentator states 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. Sulfur removal 

from these heavier fuels is technologically difficult, very costly, and usually economically 

prohibitive. Dilution is not a viable solution because blending may lead to not meeting other 
7 of 10 

parameters. Dilution with lighter, more valuable product is unlikely to be undertaken by 

refiners. Dilution would also yield more product than is needed by the market so there would be 

no outlets except export. The commentator suggests a fuel sulfur level for No. 5 and 6 of 1.0 

percent, while leaving the existing standard for the Southeast Pennsylvania air basin (0.5 

percent) in place. (2) 

Response: The Department disagrees. The Department has considered the 

commentator’s concerns, along with the concerns and another suggested fuel sulfur level from 

the same commentator on the proposed rulemaking. 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 Mid-Atlantic/Northeast Visibility Union (MANE-VU) states, of which 

Pennsylvania is one, 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 offspecification residual oil, above a 5,000 ppm sulfur content standard, exists in the marine vessel 

market. According to the U.S. Energy Information Administration State Energy Data System, in 

2010 almost half of all residual oil is 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. 

TEMPORARY SUSPENSION 

15. Comment: Establishing a suspension policy for the rare times that compliant 

commercial fuel oil is legitimately unavailable is a reasonable and prudent measure. (7) 

Response: The Department agrees; ensuring that customers have enough fuel for home 

heating is essential. 

16. Comment: The specific requirements of the policy have not been codified, which could 

leave it open for abuse from commercial fuel oil refiners. The two major flaws are: 1) it is not 

clear under what limited circumstances DEP can grant a suspension and 2) it includes no 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. (7) 

Response: 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. 

17. Comment: DEP should adopt the language of section 211(c) of the Clean Air Act that 

sets a suspension limit of 20 days. (7) 
8 of 10 

Response: The Department has included language similar to section 211(c) as it relates 

to planning, but has included a 60-day limit rather than 20 days. Many heating oil customers fill 

their tanks about every two months during the heating season. 

SAMPLING, TESTING RECORDKEEPING AND REPORTING REQUIREMENTS 

18. Comment: The proposed amendments are not consistent with current industry practice 

and should be modified. Current practices for testing, transporting and documenting heating oil 

are sufficient to ensure product delivered and sold in Pennsylvania will meet standards. (2, 3) 

Response: Due to comments provided to the Department on the Advance Notice of Final 

Rulemaking, the Department gained a better understanding of industry practices. The 

Department revised the sampling and testing requirements to eliminate duplicate testing and to 

mirror current practices for ensuring product sold in Pennsylvania will be compliant, while 

ensuring that the Department can adequately enforce compliance and that the ultimate consumer 

knows that the fuel is compliant. 

19. Comment: 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. Many transfers within a company or to a bulk distributor often do not 

test for the exact sulfur level. (2, 3, 5) 

Response: The final rulemaking requires information concerning the maximum sulfur 

level of the commercial oil fuel shipment. 

20. Comment: The requirement for specifying actual sulfur content for each sale or transfer 

is impractical. The Department should amend the regulation so that classification practices 

would meet this requirement. The practical implication of compliance with the regulation would 

significantly complicate distribution and slow the system. (3, 5) 

Response: The final rulemaking has been revised to address the commentator’s concern 

21. Comment: The commentator 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. 

(3,5) 

 

Response: The final rulemaking requires information concerning the maximum sulfur 

level of the commercial oil fuel shipment. 

22. Comment: 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. (5) 
9 of 10 

Response: The Department has 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. 

23. Comment: Federal EPA regulations allow the use of product codes to convey required 

transfer document information. Fuels are commonly bought and sold per pipeline specifications 

or “codes,” which are widely used throughout the industry. The State should consider a similar 

approach. (2) 

Response: The final rulemaking provides for the use of product codes, under similar 

conditions as those described by the US EPA for gasoline and diesel fuel (see 40 CFR 80.77, 

80.106 and 80.590), in transfers from refiners up to the point that the fuel transfers to a truck 

carrier. 

24. Comment: 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. (2) 

Response:: Due to comments provided to the Department on the Advance Notice of 

Final Rulemaking, the Department gained a better understanding of industry practices. The 

Department revised the sampling and testing requirements to eliminate duplicate testing and to 

mirror current practices for ensuring product sold in Pennsylvania 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 has 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 US EPA for gasoline and diesel fuel (see 40 

CFR 80.77, 80.106 and 80.590), in transfers from refiners up to the point that the fuel transfers to 

a truck carrier. 

25. Comment: It is not necessary to specify that percentages or weight be determined on a 

per gallon basis. (1, 6) 

Response: The Department agrees. However, with the revisions to the final-form 

rulemaking described in the response to comments 18-24, the language is no longer included. 

26. Comment: The Department should remove the reference to ASTM D 270 in the section 

referencing sampling and testing methods which is outdated, and only reference ASTM D 4057. 

(5) 

Response: The Department agrees; the proposed rule had already deleted ASTM D 270 

and substituted ASTM D 4057. 
10 of 10 

27. Comment: The commentator suggests that 25 Pa Code §123.46(a)(1)(i) 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 Section 60.45(b)(1) (relating to standards of 

performance for fossil-fuel steam generators). 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. (8) 

 Response: 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. Subsection, 25 Pa. 

Code §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 five years. For a new source, if the units do not have particulate 

matter 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. 
pennsyLvania 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

SECRETARY 

February 25, 2013 

Mr. Shawn Garvin 

Regional Administrator 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street (Mail Code: 3RAOO) 

Philad�elPhia PA 19103-2029 

�f\ 

Dear in: 

Enclosed for your approval is a revision to Pennsylvania's State Implementation Plan (SIP) 

concerning amendments to 25 Pa. Code Chapters 121, 123 and 139 (relating to general 

provisions; standards for contaminants; and sampling and testing) for Commercial Fuel Oil 

Sulfur Limits for Combustion Units. 

The submittal includes two paper copies and one compact disk of a [mal rulemaking that amends 

the existing regulation under § 123.22 (relating to combustion units) to lower the allowable 

sulfur content limits of commercial fuel oil and replace the existing area-specific sulfur content 

limits for commercial fuel oils with a statewide sulfur limit; adds provisions for sampling and 

testing, and recordkeeping and reporting, to § 123.22; revises the sampling and testing 

requirements in §§ 139.4 and 139.16 (relating to references; and sulfur in fuel oil); and adds one 

new term to § 121.1 (relating to definitions) and amends the definitions of eight existing terms. 

This SIP revision submission includes copies of the [mal rulemaking notice published in the 

Pennsylvania Bulletin on February 9, 2013 (43 Pa.B. 806), documentation of the public 

participation process including proof of public notice, and the Department of Environmental 

Protection's public comment and response docnment. Should you have questions regarding this 

SIP revision, please contact Dean E. Van Orden, Assistant Director of the Bureau of Air Quality, 

by e-mail at dvanorden@pa.gov or by / at 717.787.9702. 

�Y:Y;�/ �� / � ;;:

/ // // /; 

" L.-

-----

ichael 1. Kra1'ie \ 

Secretary 

Enclosures 

Rachel Carson State Office Building I P.O. Box 2063 I Harrisburg, PA 17105-2063 

717.787.2814 

Printed G'I Recycled Paper ,{J2z\ \{'J(ij 

www.depweb.state.pa.U5 
COMMONWEALTH OF PENNSYLVANIA 

S70-52' , AEV. 12-88 

PUBLICATIONS>AUTHORIZATION AND INVOICE 

4500445684 10/07 

IMiOICENO. 

153167 

TO: (NAME AND ADDRESS OF' NEWSPAPER) ; FEDERAL 1.0, NO.lSDC, SEC. NO. FROM: (NAMe: AND ADDRESS bF AGENcy) : AGENCY TELEPHONE NO. 

Philadelphia daily News 

PO Box 8263 

Philadelphia, PA 19101 

Attn: Mary Anne Logan 

:20-5023870 Shaniqua Smith :717-787-9702 

,- -- ~ ~ ~ - ~ -----. --- -----D E P Bur e a u 0 f Air -ei u a: i i:i y ------. ---. 

400 Market Street, 12th floor 

Harrisburg, PA 17105-8468 

HEREWITH IS ENCLOSED COPY FOR PUBLlCA.TION OF ADVERTISEMENT FOR PROPOSALS TO 

o EMPLOY 0 PURCHASE 0 'CONTRACT 

PUBLISH ADVERTISEMENT /1'10. OFllMES) MAXIMUM NO. OF LINES 

1 OATES OF INSERTION 

September 20, 2010 ~ 

[i} LEGAL NOTICE 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in type regularly used by_your news~ger for p-ublic (~gal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder. said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in the form of a tearsheet must be included on Parts 1.2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours, 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

whob 

the 

2nd Ad 

3rdAd 

FUND DEPT APP YEAR LOG ORG COST FUNCTION 

ACTUAL NO. OF PRINTED UNES 

PASTE TEARSHEET HERE 

OEIJ 

COST PER LINE 

AMOUNT 

TOTAL AMOUNT 

-J ,~ I 

I 

I 

I 

..g{}i~ 

/ If/ 0:$7 /), 

that the advertisementl of hich arsheet is attached-hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects, as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a similar amount of matter occupying similar space 

and set in a similar manner, in said newspaper. 

*This affidavit must be made by the Owner, Publisher, or the designated agent of the owner or publisher. 

TREASURY 
October 26, 201'0. 7:00 p.m. , . Department of Environmental Protection Rachelt;:::arson.$tateO{flce Bulldlng~ 

Conference Room 105 ' , 400 Market Street· .. 

, H~rrlsbUrg. PA 1~tO.1, .-'.' 

Oclob.er. 27.' 2010. 7:00 p.m. ...\" .. .." ~~~b~b~!~;:~~~~J1·~nICI~al .•. ~.~!!dln9 cranberry' Township, PA '16066...s49~ 

October 28, 201~' 7:00 p.m. ". ... ;.,., -. ~~efh~=nA~~I~~.~\r~~m~'!"tal P~Cltect.lon: Delaware Conference' Room ~ East Main Street ' . <. Norr.!stown, PA·19401. . 

PUbll.o Hearln"" . .," -.; ...... :5." Persons wishing to'present testlniony::ata:hear~ 

Ing are requEllilted to"c()ntact the E.nvlronmental Quality Boar<1. P.O. Box. 8477. Harrlsburg.!:>A 

17105-8477. (717) 787. -.. 4.5.2.6 ... B.t r~.a.st..1 .. we.e. k 11'\ ,advanCE! of the hearing ,tOo re'serve's ,time to present testImony:. Ora\- testimony Is·Jlml~ed·t:o 

10 minutes for each witness: Wltnesses'.are 1'ji!I"' 

quested to submit thrEl~ wrltt.en. copies of, tnelr " oral testimony to' the haarlng-<)h'alrpenJon;:at 1h~ 

hearing. Organizations: are"flrrylted::to 'deslgn~tIng one witness to present .testlm()ny o.ntnyilr· behalf at each hearing. .':i,,)'/! ,/' .. :,::';' i' \:.:"::';,:::; 

Persons In need of accommodations as pr:ovld~ 

ad for In the Americans with DlsabUltlesAct of 1990 stiould contact· the. Board .. Iilt (711) 787"- 4526 or through thePennsylvahla ATikT Relay .Servlce at (800) 654~5984,(TDD) t~'dl$<;ouss; how the Board aanbest ·accornmodale;the1r. needs.~ 

~f!~~:e~!::r'sa;~:':are!.lovlted:'to 'submit. com~ ments, suggestions or objections regarding the proposed ruler'naklng. to fhe., .Envlronmental· Quality Boa~d. P.O, Bo)( 8<l7.7,-Harrls.bljrg. PA 17105-8477 (e)(press,mall~'"Rachel Carson St~te 

Office: Building. 16th Floor, 4QO:.M~rket Street • . Harrisburg, PA 17101-2301). Commentssub- mitted by, facsimile wlU,not be ac;pepted;' ,Oorn~ 

ments, suggestions. or .obJeetlons';must be::re- oolvad bY"the B9~rd by Nl9nday.,Nov~mber 29. 2010,.. Interested per~ns may also .. submlt. a summary of their comments' to th.eJ:30ard~ The summary may not. exceed o'1e page:' Inle~gth! 

and must also' be receIved by Monday, /IIovem.,. ber 29, 2010. The one-page summary will be,. 

provided to each member' of .thE( Board. In the agenda packet '(flstrll)uted prIor to the meeting I 

:~:::1d~ 'the 'flnal,-forl"('! riJlemaklnQ. will be con:-

Electronic Comments . Comments may be "submitted electronically to the !=loard at Rj1commentsfstate.pa,us· and 

~~~:: 2:.c~~:~ 1. !~~j=gtahea~nt;::~~~~~' :,g: rn~j~~:d~: !:~~~tr~~~l:!]~n~dd~e~h~~:~d~~ does not reoelve an acknowledgement~ of elec- tronic comm.ents· within a work In',, days, the comments should be retransmitted to ensure receipt. .. .,' 

Copies of the Proposal ' .. The full. text of the rulemaklng will bEl' pub!fshed 11'1 the September 25 •. 2010, Issue" of U\e Pen\1syl- vania Bulletin and will be' avallabl4.'t at http://www~pabulletln.com as WEIll as on tne De-. partmentof EnvIronmental ProteOUon.'s website at http://~.dElpweb.state.pa.us (Keyword: "Public ParticIpatIon"; theT\" choose. "Proposals 

~me~l~tgrb;~~arn:~;~?fro;O~~n?~~~h~~r8f.°6':~ , partment of Environmental Protection, Boreal.( of Air· Quality. Rachel Carson State Office Build- Ing, 12th floor; '400 Market Street, P.O; BoX 8468. HarrisbUrg, PA 17105-8468. by phone at (717) 787-9702. or by email' ·at 

shanlsmlth@state:pa.ull. JOHN' HANGER 

ChaIrperson' 
COMMONWEALTH OF PENNSYLVANIA 

STO-52'1 REV. 12-8B 

4500445684 10107 

INVOICE NO, 

PUBLICATIONS:-,AUTHORIZATION AND INVOICE 153166 

PUBLICATIONS AUTHQRIZATION 

TO,; (NAME AND ADDRESS OF' NEWSPAPER) FROM: (NAME AND ADDRESS bF AGENCY} • AGENCY TELEPHONE NO. 

.. Philadelphia Inquirer 

FO Box 8263 

Philadelphia, PA 19101 

Attn: Mary Anne Logan 

:.? 9. ~ ~9~2:~ ~}.,Q ________ Shan i qua Smith ~"Z -: 7J?~ 7.-: 9 7.Q 2 .. _ . 

HEREWITH IS ENCLOSED COpy FOR pueUCATION OF ADVERTISEMENT FOR PROPOSALS TO 

o EMPLOY PURCHASE 0 CONTRACT o SELL 

pueUSH ADVERTISEMENT (NO, OF TIMES) MAXIMUM NO. OF LINES DATE 

DEP Bureau of Air Quality 

400 Market Street, 12th floor 

Harrisburg, PA 17105-8468 

TVPEOFAD 

LEGAL NOTICE 

1 Se tember 16 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in type regularly used by_~our news~Rer for Rublic (~gal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Retu rn this copy at once if you will not accept th is advertisement under the terms 

set forth. . . 

Proof of advertising in the form of a tearsheet must be included on Parts 1,2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

1stAd 

2nd Ad 

3rdAd 

DATE OF INSERTION 

9-JtJ-/£) 

ACTUAL NO. OF PRINTED WNE:S COST PER LINE 

d1'f 

GRAND TOTAL-..... 

PASTE TEARSHEET HERE 

AMOUNT 

TOTAL AMOUNT 

40'7'1: 'f~ 

y{) I 

;00 

~rt)tf :71~ 

County of /1_ )). 

Before me, the subsc bert a Notary Public in and for ;;-1} /J A ,ak't=)!f!,S 0" 

who b~~Lduly sworn~P9se~4say that he is* 

the ~#1J 71 ~ ~ a general ewspaper published at ._' ---!!:.....3E:..-.=:....::....!~:....---:;.;:==-.;;::....-__ _ 

that the advertisement of which tearsheet is attached- hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects. as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a similar amount of matter occupying similar space 

and set in a similar manner, in said newspaper. 

SIGNATURE OF A!,'FIANT 

*This affidavit must be made by the Owner, Publisher, or the designated agent of the ow 

TREASURY 
SIIIiiIIII ........... lllllrlliliiiiol,";,r':':'·~ ... ·i 

'itC:iuAl.rfV BoARtf' "'EII~IC::;S~e:.4fUIII~~; 

,?:,i";p'~ r ()Ualltr:::~~r~ri:O 

Low(~ur,:i;~~~~8~:f~l~J:~bli$ .. The ErlV:b::on.inEintaIQuaIl1Y:;li3o'ardi '(Board) will., 1:l~ldtnrj'!J~PlJbUc' f:learlnr':tl'1epurpoae otac- oeptlllg,09mmenta,, 'roposed ruleooaklng, to ar.neri~'25:,F'a,: po . ..pteks 121, 123 and 1, 39:<r'elat,lhIiJ~,.,gene~a;i' provlslons~ standards for eootaoolnants; and sampling 'and. testing) to add requ!remEi'nts.for ttJa 'oontrol o.t sulfur com- pound eoolsslons from eombustlon unite, " " , The proposed rulemaklng W9111d amanl1, I} 123,22, (relatlng';-to. combustion, unite) to'lqwer the all,oweble s,(lIfur·:content' of commercIal. fuel 011 for; ,use In o0n:ibustlon, un,lts and. replace the 

~~~t~~c~!rf..;:r~~~I~it~U~~~af:~::g\~\~~~I~?t~ ad<i provisIons forsamJjillng"and,testlng. ,and 

recordkeeplng, and rep.:lrtlng. ~nder § ,23,22; 

~h!~~~~~ 3s::~~~n~d~n~eW~I~I~':,I,~~~r~~~~t{r!~ rating to, dt;lf,lnltlons) foor two. new. terms;' ,and amend the. definItions of eight E)xlstlng"terms. to 

r~~~~~-:;i7ra~nd,aiJPport for th~ amen~m,~,n~s 

The proposed', rulemaldng WOUld. redu~e .;ctHe commercial fuel 011' sulfur cOl)1ent IImlt,'to>~ 15. 

l~fJ~ i~~a~~m~~r,~;4~i!~~h~~::;t~ri~Wl~I~~~~~ ~~~ 4 oor:nmerblaL.fU~1 611 and ~o.S:,:5, ,~:.and oeavler 

'. f~~m8,'i~~ f~l1bgll~~)J~,~~~~ r_~~~c)~sto t~:~ 0:50% (5000 PPI11),syltur"respectl\(eIY., The pro- posed compliance date fo.r.the lower;: sul1ur oon- tent . limIts Is May 1. 2012.. ThIs proposal 10-

~~~~~: &~~~:~~r~~~~p:~~h~~~~Jn~ Ph':f:~i: fur oontel')t with'concl.Jrrenca. by th,e Admlnlstra N 

torof,the U.S. Envlronme.,taIProtEictlol,1 A~ency 

" ~E:O~t~~I1~~~);~'\~ r~s~~a~f:~~~Saii~~i!,':tc~lar , Th... proposed ruleooa~lhg, If' adopted> by., the 

~~t~~~ ~t~~I~~1orgr~~~r':;~:'I~t~';r~!v~~~~U~~ the State, Implementatlon'PIa,n,·:Xhe hearings \y1II b~ l:leld,~s'f~llo~s: '. "', ... '., . , .. 

Ootober 26~ 20-10., 7:00 p.ri1,'.\:.-3{ .;"i'\ , Department of Envl('Qnmental P(,otectlon Hachel Carson. ~~ate OffloeBI,l[ldlng 

~g8~~er~~t,,~~~~·,~~5; . " 

Harr:lsbiJrg, PAc 17,1()1 

OC1.~b·o~ 28. 2010~o 7:d6·:,:~·~~:,.,~·;'::::::~~~f·~:'~.: ':z',.' . .~ Department of EnvlronmentalProtactron Soutl1east Regional Office Delawa~e Conference Room, '<, 

;a,East l'y'Ialn Str:eet,f"! '<' .,,;,;:' , Norr,!sfo""I'kP ~;,}~,;()1:i'. 

P'ubUcHearlnglll' "';r;;:", :';:/::~/ f§f Persons w/shlngto pr.~iiieh~ test.lmo.nYiat .Iii heaf~ Ing are requested1toccC>:Qtacf·tf'je.;EnvlrQnmental Quality Board, P,O •. :'Bo)(>~477i HarrIsburg. PA 1TI0!:,?--:S47.7. (717) 7f:17:::4526' Sltqea~.t:1 week, In" advancG of the l:1earlngt()~ r~!;l'erve",a .tlme to; 

present tastlmoQy.OraLtestlmonY ,salrolted to 10 mInutes for each witness. Witnesses are re- quested to submit three W('ltten.cppleS of their 

g~~lrJ~:~lmcfr~~~~~rl~'~:~~~'~I~~t~~(~t~~s~n~t~ , 

Ing one witness· to pr~~~?~te~tlm~IJY on their behaWa\ eaCh hearh)~<;;:,. <>;;. "',><):,:} , 

:~rf6rnrnI7h~el~~;I:i~%W~.~~~gmW:~ PA~~1~1 1990 should eontaq.t,ttJl3. Board:)lt' (717) 787".' 4526, ,?'r"througn the .. Pennsyl .... anla,AT&:r Relay· Servlc.e.:. at ,(SOD)' 6S4~e;~8,4'(TI:)D),to-'dl$CUSS hol/lP the Board ean best.acCornrrlQ(jate:thEllr.,needs;::/ ,Written Comment$' , -', '<:, Interested persons are Invited to submlt,.oorn;;) 

ments, sIlggas110ns or oblec.tloo~~r:egElrdlng the. proposed rulemaklng to." th~:d=nvlronmental 

Quality Soard •. 'P.o: B'ox: .. a4?!,'::H~rr/sburg. PA ,17105.,8'477 '(expres's'm,a!l::Ract'i'EltCa(son Sfate' Office Building. 18th t"lod'r.';;400'IV1Srket Street. Har:rlsburg;; ,PA 171Q1"'.~~01),:9onn"ents sub,- mltted. ~y 'facsImile '!YIn: not;bEf ;acqepted. Com:-,. 

n:ients, suggest/ons.;'or .0bJectlons: must be're-' calved by the Board. bY.Monday! Nov~mber 29! 

~~~Omar!i~r~~~~~cg%~:n~~~~~h~s~O:~~.m~fi: summary may not exceed one page In length and mlJst' alsQ·be'rec.EllvliId.by.,M.onday. NO\(Elm~ 

be~' 29; 2010.:.' T,he:O!"le-PQgt(~ummarY' Wm be, 

~~<;';!~:~!~Ic:~~J'/~Vih~~~ ~!iC:~~oBth~t~t1~;, at whlen. the 1./.,al",form rulemaklng Will be con-: sldered. ....... , ;, .. ' 

Etecfronle"Con1fnei'at~. , Commel1t.s r:nay ,be:,sul:i!'Tllttedel~ctf~olcaUy to. the' Board, at Fteg9ommen~s@~tl!i,te;pa;us' and ' 

~~~.~~;:,c~S'1e£ bA,~~;j~~ta:;~!lbJr~~''6f.~~~··.;:g:; 

fn~~ti~:c7d,~a,!:th'rytr~~T:riI:!I~n~~cJl~f~beT~:~Cc~~ , does not reeelv:e anacknolll!l~dgem~hto((elec .. 

~6~I~e~trZ'fiJ~~ 't1~t\I~t;~n'r:~m~~' toaY:n~~~: . reoelpt. ',:., . !, 

c;'oplea of Ihe ProposaL . • '. ' The full text of the rUlemaklng will be published In the September, 25;:201 O( Issua of the Per:msyl- vania ,Bulletlh and 1/11111\ be available a~ 

http://www.pabulleti.,,t::com BSWell as:,Qn tile De- partment of,Envlronr:nsl,"ltal Protectl.9r)·s WebsIte , '~~UbW<!P~£=~~Wg~~b{~!~tech;~:e N~~~~1;, Open for Comment"). Copies: of the pr'oposal will also be avall~ble from; Shan1qua ,Smith. Da-

. ~r1Wqja~~.E~~~~~{~ce~r~a~nP~f~~~~~ce~~~11~': Ing. 12th floor, 400 Marlcet Street, P.O •. Box 8468. Harrisburg, PA 17105~8468, by phone at (717) 787-9702 or kly emal/.at s,hanlsmlth@state~pa,us. ' .c,,<)' JOHN HANGER '-,"'- , ChaIrperson 
4500445684 10/07 

tNVOIctNO, 

'153162 

, , 

TO: (NAME AND.ADDRESS OF NEWSPAPER) • FEDERAL J.D. NO,/SOC. SEC. NO. FROM: (NAME AND ADDRESS OF 'AGENCy) • AGENCYTELEPHONE NO. 

Allentown Morning Call 

PO Box 1260 

Allentowni"PA 18105 

At tn: . GayJ~ .,J~n~,!:p:~·f' 

:,.2.3_ -_ 9.~ ~ ?~ ~ 0. _, .. _ _ _ _ _ _ _ S han i qua S mit h : 71 7 - 7 8 7 - 97 ° 2 - - --- - - -- DEP Bureau of Air-Qua-l:ity------.---

400 Market Street, 12th floor 

Hflrr,isbur,g , .. PAJ) 7lQS-8468 

'HEREWITH IS ENCLOSED COPY FOR PUBUCATION OF ADVERTISEMENT FOR PROPOSALS TO 

[J EMPI.OY 0 PURCHASE 0 CONTRACT' 

PUBLISH ADVERTISEMENT (NO. OF TlMES) MAXIMUM NO. OF LINES 

1 DATES OF lNSERTlDN 

on or before ~eptember 25. 2010 

TYPEOFAO 

o SELL o CLASSIFIED [!J LEGAL NOTICE 

You~ as vendorl are, authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Adv~rtisement to:~pe published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter arid .title of officer. to be set solid in type"regularly used by_y'our newsp1!~er for RUbfic (~gaf) 

notiCe advertising; charge to be made at the rate ,Qharged' tp. ahd paid by commercial advertisers for matter simil~rly set and 

. occupyinfJ. ~imilar space; "ildv'erti'sement ~o be run· in the 'eqitiohs, specified above. Vendor agrees that, in the performance of any 

: contract- awarded t6 it' hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. . 

Proof of'!id;ye,~,si'9.9Jn t~e f~r~ gt~ t~~rsh$!,t!ru~st be .. incJu~e~ q~, Part§ 1,~1 2. ~ ;~. ~,tur~~njgi?at~nd;~o 9ppi~s,..(~j~ned by the editor or'pubn~her) to Agency listed above: Part 1 must 6e notarized. Pait 4 is yolirs. . . ., . 

Commonwealth to be billed only for actual number of printed lines published. 

ACTUAL NO. OF PRINTED UNES COST PER l.INE TOTAL AMOUNT 

_.w,' 

ENVIRONMENTAL QUALITY 70"".'00 B'OARD 

NOTICE OF PUBLIC HEARINGS , I 

2nd Ad 

--------+---~-----------+ Proposed Amendments to Air+--------+-I"«'...,-.,F-, -\-=----.-'=t----f~.-.......,....;;-

Quality Regulations 1"1 r I I 

(25'Pa. COde Chapter 123) c/e..y,c~ Ice : ao --------'----------~----'- Low Sulfur COmmercial Fuel Ojls -'----------t-------------.----

3rdAd 

'yr , "j,), J J£;J1i~~?,Wr.t"..!t:t.J~~~!.~' .. ~GRAND tOTAL~ ,.t ~. 10,," L/j : 1'10 

BuUdlng, ' /. Va 

------------------------; 2525 Rochester Road 

Cranberry Townshlpl PA 

11.066.:6.49Q "'r-.... _- . Persons' wishIng 10 present 'testlmooy at a hearing are requested --------------------- celve an .acknowledgement of ------------_______ _ 

Comyjo~e f~of Pennsylvania electronic comments within 2 

e workmg days, the comments 

County of \ shou,ld be retransmitted to ensure G I Ad 

Before me~ t e subscriber, a Notary Public in ~ receIP~OPies'of the ProPo~~1 . lly came ef\(\ a.m...! 

h ~d I . '..:i,. h"d " h 'h . ) The full ,text of the rulemakln9,wll1 ~~~Re.r . W 0 :l.lJ .. y ,worn, u.vt . J~~e:a{l· say t. at e 1$[ be published in the September 2?, ~ ,.' . P 

the ~ IV\O'{'It\,rg~~ , . ':' , .. ' 'a ~ 2010,.I55ue of ,the Penn,sylvanla tI at ~ \an~ . Ft .. that the advertisement. oQhich tearsheet 'is auache~ ~#~~t)~~~a~~he~~.;~~I~~I~~t the 'regular advertising colum~s of said newspape'ft 

itl·t,h.e, '~dJtJ9n~.: of ,~aid:n~WsJ?ap~r, in 'ajf:r~s'pe,?ts ~ ~eri7i,~"~;fe~~~;,~t ~e~~It'~O~t jov~; ~and' that the c.ommonweqlt~ .i~: ~,(J".ch~rged. ,thereJ?r:at a [a~e. ,hlg~'~~.,.t~a.n I:~ 9h.a,rged any or~m~tY: http://ww''Y.depweb(state.p~.u\~ ~ SimIlar amount of'''matter· ()c.cOPY~lJg.,~lmlh3r·space . and .. set In a Similar manner In. said newspaper .: '., (K~YVlord: Public PartIcipation; I· '. '. .... • ' . . 

. . . ' . ' " ;' • . , then choose 'Proposals Open for 

'·'comm,ntl). Cop,les'of me.prop, Qs'al' 

Sworn and subscribed .before-me this will 'aJs~). be av~lfable from Sh~nl- -' -- qua Smith, Dep~rtment of Envlday ronmental Protection, Bureau of -.---------~--------- Air Quality; Rachel Carson Stafe 

OffIce Bul ding, 12th floorl 401) Market, Street, P;O; Box-8468, Har- -------iO.iI-.;..,I....,.z....--.::.~=-~~+_---.:.l~'---'----.:.:i:-: rlsbur9{ PA 17105-8468, by phone ,\. fe'"'' 

at (711 J 787-9702 or by email at 

shanlsmlth@5tate.pa.us. ' 

JOHN HANGER 

Chairperson ' My commission expires 

"'This affidavit must be made by the Owner, Publisher, or the #34~4 - 9122 :r . 

. 'COMPTROLLER 

.~IGNAT~RE OF Af'FIAN:r 

,.\. ! . ';!,,,.} 
LASER IMAGING SYSTEMS, INC. (717) 266·1700 106486 

4500445684 10/07 

,,tWEALTH OF PENNSYLVANIA INVOIC£NO. ,;f1 REV. 1 2~88 

PUBLICATIONS>·AUTHORIZATION AND INVOICE 153163 

PUBLICATIONS AUTHORIZATION 

TQ~ (NAMe; AND,ADDRESS OF NE:W5PAPER) 

I 

Centre Daily Times 

P.O. Box 89 

:2. 4 :-D)S 7.6. Q 5.0 .• ____ • __ 

State College 

. HEREWITH IS ENCLOSE:D COpy FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSALS TO 

o EMPLOY PURCHASE CONTRACT [J SELL 

PUBUSH ADVERTISEMENi (NO, OFTIMES) MAXIMUM NO. OFLtNE5 DATE 

1 DATES OF INSERTION 

on or before Se tember 25 2010 

FROM: (NAMa AND ADDRESS OF AGENCY) ,AGENCYTEUSPHONE NO. t 

Shaniqua Smith ~}L7 .. 7.a.7::~7.Q 

DEP Bureau of Air Quality 

400 Market Street, 12th floor 

Harrisburg, PA 17105-8468 

TYPE OF AD 

o CL.ASSIFlEO g LEGAL NOTICE 

15 , 

.' . , 

You, as vendort are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two fines and signature 

to be in capitals and subject matter and title of officer,to be set solid in !ype regularly used by_y'our newsP..§.Rer for Qublic (~gal) 

notice advertising; charge to be made at the rate chargsd to and paid by commercial advertisers for matter similarly set and' 

occupying similar space; advertisement to be run in the editions speCified above. Vendor agrees that, in the performance of an~ 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sext religious creedt ancestry, age or national origin and that the Commonwealth/ upon receipt of satisfactory evidence of such 

discrimination,shall have the righttocancel said contract. Return this copy at once if you will notacceptthis advertisement undertheterms 

set forth. 

Proof of advertising in the form of a tearsheet must be included on Parts 1 f 2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published, 

ACCOUNT 

CODE 

1stAd 

2nd Ad 

3rdAd 

DAl'E OF INSERTION 

Commonwealth of Pennsylvania Countyof __________________________________________ _ 

ACTUAL NO. OF PRINTEO UNES COST PER LINe 

GRAND TOTAL-..... 

PASTE TEARSHEET HERE 

Before me, the subscriber, a Notary Public in and for said County, personally came 

Who being duly sworn, doth depose and say that he is* 

AMOUNi 

TOTAL AMOUNT 

the a general newspaper published at ______ -,.., ______________________________ _ 

that the advertisement, of which tearsheet is attached· hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a similar amount of matter occupying similar space 

and set in a similar manner, in said newspaper. 

Sworn and subscribed before me this 

day ~. __________________ 20 __ _ 

SIGNATURE OF AFFIANT 

NOTARY PUBLIC 
e. Your Paper. p.o. Box 89 

State College, PA 16804 .. 0089 

C(NTR( DAilY 11 [(l (814) 238 .. 5000 

[vl (800) 327 .. 5500 

www.centredaily.com 

A Division of NIt/any Printing & Publishing 

TAX 1.0. #24-0676050 

DUNS #075·003197 

FAX: (814) 237-5966 

SHANIQUA SMITH 

INVOICE NUMBER 

DEPT. OF ENVIRONMENTAL PROTECTION 

RACHEL CARSON STATE OFFICE BUILDING 

400 MARKET STREET 

HARRISBURG, PA 17101 

THANK YOU 

FOR DOING 

BUSINESS 

WITH US 

Thank You for Doing Business With Us 

B7 

ADVERTISING INVOICE 

ADVERTISER NO. 

ME 

SALESPERSON 

09/23/10 12525370-001 Proposed Revisions to General 

10/11/10 12525549-001 NOTICE Proposed Revision to 

5.82 

7.88 

JI 

279.12 I -a.t -1/ 

606.96 t! -1 (9~; 1-0 

For inquiries regarding this statement, please call 

Display (814-231 M

4684) Classified (814-231-4686) 

Contracts (814-231-4684) Tearsheets (814-231-4652). 

T earsheets should arrive 10 days after the statement 

Thank you for your bUsiness. 

Total Due 1525.04 

PLEASE REMIT THIS PORTION WITH YOUR PAYMENT * THANK YOU 

Current Net 

606.96 

Over 30 days 

91B.OB 

Over 60 days 

0.00 

Billed Account No. 

03116854-000 

Billed Account 

DEPT. OF ENVIRONMENTAL 

Over 90 days 

0.00 

Telephone # 

(717)787-9495 

Total Net Due 

1525.04 

MAIL 

PAYMENT 

TO: 

-, 

l:[NIRf DAilY liM [S 

P.O.80x89 

State College, PA 16804-0089 

To Place a Classified ad call 238-7355 

Delivery Concerns 1-888-237 .. 3801 
C6MMO""WEAlJ'HOF·P~NNSXLVAN'A 

~TO-52'1 . . ',RE;V.-;12-138" 

_ .... ,...'-4 •• ' •• -c;:.rtU. 

Environmental Protection 

Southeast Regional Office 

DeJaware Conference 

Room 

2 East Main Street LASER IMAG Norristown, PA 19401 1700 

., Public Hearings 

.! Pers!::ms wishing to present 

i teshmony at a hearing i are requested to contact 

, . . ... .... , ,:;,. i Harnsburg, PA 171 05- . 

106486 

,I the Environmental Qual~ I ' 

.' , ' . , :.: ":"1~";.:hi ity B.oard, P.O. Box 8477, t INVOIC£NO. 1531' 7'5' , ',PUBLI'CATION.~>:A~ ~:f 1 £~~k i~~ci~~~~e ~J AND I NVOlCE , ' " ", .;, .. the hearing to reserve a ============i ___________ -- PUBLICATIONS AUTHORIZATION '(To be' cO,":,pleted g~a~ tt~~r~s;~; tj~S~ii~ffe~ I 

TO: (NAME ANP,ADDRESS OF NEWSPAPER) \ FEDE:R~1.. i.D to 10 minutes for each FROM: (NAME AND ADDRESS OF'AGENCY) '-AGENCYTElEPHONE NO, 

. E' r' . T . N I 25 0 s:i witness, Witnesses are S h· S· h · 71 7 7 970 2 1e lmes ews , ,-: ''1 requested to submit three an~qua mlt I - 87-

20S w. 12th Street ·-·*-.--I~:~re7es~:~~~ofoth~i; DEP Bureau of AirLQi£cil"fty········· 

Erie, PA 16534 ~:ri~~ariCnn:irpo~~~~jz:! 400 Market Street" 12th floor 

Attn: Shannon tl0r'!sarelimited.fodesig- Harrisburg PA 17105-8468 natmg one witness to ., Present testimony on '- -H-ER-EW-'T-H-I-S-EN-C-L-P-S-EO-C-O-P-Y-F-O-R-P-U-BL-'C-"'-:r-IO-N-O-I"-A-O-VE-R-T-1S-E-M-EN-T""F-O-~-P-R-O-PO-$-A-t:.s""":: their behalf at each hearD 0 0 , " ing. r:;;;J 

EMPl,OY PURCHASE CONTRACi Person~ in need of acc~m- LA! • LE~AL ~OTICe: 

, .,' .'.' ':. modat,ons as provided --.----......l-~-=-----'''---'-___r~-'-------+---=----'-~----- MAXIMUM NC>:()F LINES'" for in the Americans with , Disabilities Act of 1990 1, 

ORDER NO. 

should contact the Board be r _________ --.:.. ____ ---'-__________ --1 at (717) 787-4526 or ------..:..,,------:;.--'----:.__------------

DATES OF INSEFlTlPN through the Pennsylvania AGENt: 

b f S b 25 2010 AT&T Relay Service at on 0 reo r e e pte mer , ' (BOO} 654-5984 (TOO) to V -----~----------------------; discuss how the Board --=::...-~-------------------

You, as yendor, are author!zed t<? puplish .this ~e~r ~:~s.accommodate Ir ~e.wspaper: ,subject ~o the term~ of this ~rder, as 

follows: Advertisement to be published In regular Written Comments POSItion speCified; caption of two fines and $Ignature 

to ~e in capi~a~s' ~nd subject matter and title of officer JQI~~r:jst~~ P~~b~~ a~~~= e regularl~ used by,y-our newsj':!aQer f?tJ~ublic (~gaf) notice advertlsmg;, charge to be made at the rate char~ m-:nts! suggesti<?ns or' commerCial advertisers for matter SimIlarly set and 

, occupying similar ~pace; advertisement to be:,run in the! g~6~~~~~s :~~~~k7~g ~~ Ibove. Vendor ,agrees that, in the performance of any 

, 'contrac~ ~warded tc\, it hereu,nder, 'sa.i,! ven.dor wil! ,}ot dis! re B~nvironmental Qual- Iy employe or oth~r person~ on ac~qun~ of race, color, 

, , .' sex" religIOUS creed:: a·ncestry, .. ag~:or l.1atlQnal ongm"al1q ~rrjs~~~5topfox1m~ rvealth, upon receIpt of satisfactory eVidence of such 

",:<,·:9i~c~jplin.~~r'?n,~hall,hav:ethe,righ.ttd:ca.J1cel s~it1'contrac.t' Rei ~~ i::~~~~~S~tJ:i:iJ~/ri~~ r if you will notacceptthis.advertisement u nd,er the terms 

" set forth;' <, • ,'. BUilding, 16th Floorl 400 : 

. . , Market streetl Harris-' 

.', ,Pr09fofadv~rtisinghith~,formofatearsheetrnj ~~~e~~ su1~1~~f:J°~' tarts1,2&3.Returnoriginalan~two'copies(signed 

by the editor' or pubUsh~r) to Agency listed 'above. Pan facsimile will n~1 be ac~ ~d. Part 4 is yours. " .. ' ", cepted. Commentsl SU9- ' 

Commonwealth to be billed only for actual numbel gestions or. objections lished , '. must be received by the • .., : ,Board by Monday, No- ___ -+-___ ...!.-----.:-,--_____________ _ 

,vember 29, 2010. Interested persons may also . LOG 'submit a summary of NCTION ACCOUNT APP' , YEAR OBJ AMOUNT 

fheir comments to the .,...,.."V'I"~rn:;r--::i:T": ......... ;por;;;l"""r.*-----------r---- ,Board. The summary 

... ::-~,.",'!,;"--;" .. ,7::,_::':.,"'~:,'!;:::··z::; ... :;~_!~h-;,.-:,"""'--~=+.~"'h:~-=~:::::..:-:~lllr.-:~~~='::__:'_'__i may not exceed one page p,,' """",,*,,~r.......=--r---,-,-__O_+""""""""'''''''''''~~='"'='~~_::_:_::l=___';''''''''',..._I,::__,.,::_,_;o_:', .. · .. ··l· .. ' ,in length and must also be !' ;; ~;;:: .. ;:.;.:.:'.:-:;~.::: .. ':.~" '.':~" .. :';: .. :: .. ::.. ..~ 

=;;:;:;====:::::::=:!::::::==~===:!::=========::;::.:::::=!=::==:::::!::==::::! received by Monday, N~ ~~=:::::!::=====:::::!::===========~== vember 29,2010, The one- page summary will be "----.--_______ -------, _____________ _ 

provided to each member 

'p of the Board in the 

agenda packet distributed 

----------------/---'- :prior to the meeting at ;..--+-----------11---------""-------.----

:which thefinal·form rule- I 

COST.PERWtiE TOTAL AMOUNT 

. ered. l f-/ V ;makiog will be consid~ () 1 " /1 .. : all:' .,.;---~-----'--+---+----';..<;...~""""----"-----'--'------'-...;;-:;.:.:....:..:.. Ironic Comments 

ents may be sub- 7 ,e,' to' mitted electronically to' 

the Board at RegComa ' ments@state.pa.us an ,~" .... , c.r--=----"------I--:.--~--------__;__-='---

must be received by the '. 

Board by Monday, No- vember 29, 2010, A sub- _--1.. ________ -1-_ __'_ ______ -::::-__ ---

lect heading of the propo- /8' i 

sal and a return name GRAND TOTAL -liIIo- I, /}......-i and address must be in- , '-"U eluded in each Iransmis- __________ ""---_____ L-____ -'-----'='-_ 

sion. If the sender does 

C A Sl not receive an acknowl- ERE r 1"\ edgement of electronic 

2nd Ad 

comments within 2 workin?1 days, the comments ' 

shOUld be retransmitted 

Com~!:a.W:rof Pennsylvania ,,,!.o,en~ure receipt,:' IA 

County of Gl-d_-e • •• ..: 'Th~or~iis~1r~rWie°~~\e_ making will be published ~n cm~ "' I 14 ......, ) Before me,,\the subscnber, a Notary Public In and' !11"t!'le September 25,2010, ;onally came~ ~ 

h 

ml 

" ~~ d h t h . * : Issue of the PennsYlvania W O'I~~ t pas" 1!b~ S51Y t a :,,~e IS ~ Bulletin and will be avail- , ' 

the ~~Ih~'~Lle/C;:(#/' ?- a g~rl ge:~ti~:co~~~~~rr~s~~ !ispedat'Y '. ";"" ' .~ ,- that the advertisement, ofwtiich tearsheet is attached· hi the Department of Envi- j in the regular adverti ng columns of said newspaper, 

in the editions ,Of, said newspaper, in an respects. as f ~~~ij~fal protection~~ id above; and that the Commonwealth is not charged 

therefor at a rate "'higher than is charged any .prdinary cc w!~ st: [ / - : for a similar amount of matter occupying similar space 

and set in a sfmilar manner, in said newspaper. . ~ord: <"!'pJb,i~s Partici:~: 

Z£, ' ~onni then choose -:"'7, Proposals Open for: 

proposal Will also be i 

ibed before me this~. Comment"). ~opies of the "~ 

2( aViI.'lable from Shanlqua '*'::::::=::~~-b",,",,~-=IIe:-_A---------'''---. ,Smith, Department of En- . 

COMMONWEAl vironmental. Protection,: ;;.;;;.;;.;.;;;.;.;...,...~~, Bureau of AIr Quality, Ra- , NOT; ch~J ,Carson State Office --------=----,-:---------...::::..---- +?"+~..q.T-~=--¥----4~"-...w:'---'"-=,..---------t--=T::-anu--:·,-;J....."B:::-r Building, 12th floor, 400 

.' Market Street, P.O. Box , CltY On 8468, Harrisburg, PA M c 'inissitm,:ex"J as:·", .. ", ...... ,,-----'--"-,.,-----"---'-_--------'-"""'--'-_';_' _,'----'-'-",,---"--' ... 17105-8468, by OhOM ",t 
".sSYLVANIA 

AEV.12-S8 

4500445684 10/07 

IHVOICENO. 

PUBlICATIONS>AUTHORIZATION AND INVOICE 153169 

• 0: (NAME AND ADDRESS OF NEWSPAPER) 

Pit t s bur g.h Po s t G a z e t t e 

34 Boulevard of ~e Allies 

Pittsburgh, PA 15222 

Attn: M. Uucci 

. HEREWITH IS ENCLOS.ED COPY FOR PUeUCATJON OF ADVERTISEMENT FOR PROPOSALS TO 

o EMPI..,OY o PURCHASE o CONTRACT 

puaUSH ADVERTISEMENT (NO. OFTlME5) MAXIMUM NO. OF LINES 

1 OATES 01" INSER110N #33922455 

on or before Se tember 25, 2010 

o SELl.. 

DATE; 

FROM: (NAME AND ADDRESS OF AGENCy) • AGENCVTElEPHONE NO • 

haniqua Smith J17-787-9702 

EP Bureau of Air QtiEiTit·y-······ 

00 Market Street, 12th floor 

arrisburg, PA 17105-8468 

TYPEOFAD 

LEGAL NOTICE 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in type regularly used by_y.our newsR.§Rer for public (~gal) 

notice advertising; charge to be made at the rate charged to and paid by. commercial advertisers for matter similarly set and 

occupying simifar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it h~reunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the righttocancel said contract. Return this copyatonceifyou will notacceptthis advertisement undertheterms 

set forth. 

Proof of advertising in the form of a tearsheet must be included on Parts 1, 2 & 3. Return original and two copies (signed" 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

1st Ad 

2nd Ad 

3rdAd 

FUND DEPT APP YEAR LOG ORG COST FUNCTION 

DATE OF INSERTION 

September 20, 2010 

ACiUAL NO, OF PRINTED LINES 

ENVIRONMENTAL 

QUALITY BOARD 

NOTICE OF PUBLIC 

271 

HEARINGS 

proposed Amendments 

to Air Quality Regulations 

OBJ AMOUNT 

COST PER LINE TOTAL AMOUNT 

f 

7.50 2,032;. 50 

.. ~ 

. (25 Pa. coae --------'----------- Ctlapter 123) r--------'---------\----------.-----

Low Sulfur Commercial > I 

Fuel Oils . I GRANO TOTAL ~ 2,032.50 -----------------~; The Environmental r--~ ___________ ___.L _________ ___' __ _ 

Quality Board (Board) will ; 

hold three public hear- ~SH EET HERE ings for the purpose of \rl accepting comments on 

__________________ It.he proposed.rulemal<: f---------------------~----=--­ ing to amend 25 Pa, I 

COde Chapters 121, 123 > 

and 139 (relating to gen· 

County of All egbeny a~~~f[grv~~~~~~i;:~t~; Before me, the subscriber, a Notary P ~nd sampling a.nd testt- County, personally came 

Commonwealth of Pennsylvania 

109) to add reqUiremen s . 

whob~ngdu~sworn,dothdeposeandsayth~rilierontr~~~"ur---~~ag~e~n~t~_-----------~------ compound emiSSions • 

the Pittsburgh Post-Gaze from combustion units. spaper published at _ ..... p...,.l...Jot<..lot<.loosu.b~u.u.r'_Eg~h.!l.i,~P~A.A-----___ _ 

that the advertisement, of which tearsheet is The proposed rule· IS published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all res 'i'l3k~2g(~?a~\~ga~ec~dm~ md invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any n:Hf~iary' cOffln-ferclal advertiser for a similar amount of matter occupying similar space 

and $et in a similar manner, in said newspaper. 

day of_---=~~~~~:::::::~_----- 20 i (J 

NOTARY PU Lie 

M commission expires l:--' (3/ J .;;:)0 II 

*This affidavit must be made by the Owner, Pub her, or the deSignated agent of the owner or publisher. 

TREASURY 

SICOMMONXEAtTH OF PENNSYLVANIA 

Notarial Seal 

Linda M. Gaertner, Notary Public 

City Of Pittsburgh, Allegheny Caunty ~v ( .• ,~~Ynif,p~ .I~n. a1 2011 

Member, ~ennsylvanla Association of Notaries 
~. 

Pittsburgh Post-Gazette 

Published by PG Publishing Co. 

Federal 10 # 94-0692700 

REMIT TO 

Pittsburgh Post Gazette 

Credit Department 

PO Box 566 

Pittsburgh, PA 15230-0566 

5339224551 0000465750 

BILLING DATE 

09/26/10 

BILLED ACCOUNT 

NUMBER 

33922455 

Page 1 

REMITTANCE ADVICE 

LU\.:Inrtl \u;<Jvo/ 

\\-* \Q 

ll- l« -10 

S+e..U~ 

Y~S.R 

BILLED ACCOUNT NAME AMOUNT 

COMM OF PA- DEP 

0000465750 

COMM OF PA - DEP 

RACHEL CARSON STATE OFFICE BLD 

400 MARKET STREET 

HARRISBURG, PA 17101-7101 

T(YINSURE Pr~OPER CREDiT: DETACH AND RETURN ABOVE PORTIO!'l OF THE BILL WITH REMITTANCE 

-Page 1 L 

NEWSPAPER ADVERTISING INVOICE DOCUMENT l BtlUNG 

NUMBER DATE -/ 

BILLED ACCOUNT 982524 I 09/26110 ~ I 

Pittsburgh Post· Gazette COMM OF PA - DEP BILLING PERIOD 

Published by PG Publishing Co. RACHEL CARSON STATE OFFICE BLD 09120 to 09126 

400 MARKET STREET 

P.o. Box 566 TERMS OF PAYMENT HARRISBURG, PA 17101-7101 Pittsburgh, PA 15230 Due Upon Receipt FederallD # 94-0692700 

BILLED ACCOUNT I ADVERTISER ADVERTISING CUSTOMER SERVICE (412) 263·5050 BILLED ACCOUNT NAME NUMBER ACCOUNT NUMBER CREDIT CONCERNS (412) 263·1400 33922455 I 33922455 COMM OF PA - DEP 

DATE I REFERENCE I CHARGE OR CREDITS I 

SAUl \ BILLED RATE GROSS NET 

NUMBER DESCRIPTION/PRODUCT CODE DIMENSIONS UNITS AMOUNT AMOUNT 

Previous Balance 03/07/10 0.00 

09/20 16235773 hrgs- low sul/hearings 1x271.00 1 271 7.50 2,032.50 2,032.50 

C/M/PG/445 

09/20 16235790 measures-Ozon/measures 1x231.00 1 231 7.50 1,732.50 1,7,,32.50 

C/M/PG/445 

09/24 16241415 Proposed Revisions to 1xl19.00 1 119 7.50 892.50 892.50 

C/M/PG/445 

IF YOU HAVE QUESTIONS REGARDING THIS INVOICE PLEAS E ( ALL Ste ~e Smith - i- (412) 263-113 ~" 

CONTRACT PERFORMANCE CURRENT CURRENT 

GROSS AMOUNT NET AMOUNT TYPE EXPIRATION DATE REQUIREMENT CURRENT MONTH CUMULATNE 4,657.50 4,657.50 

AGING TOTAL NET 

30 or Less 60 Da~s 90 or More AMOUNT DUE 

4,657.50 0.00 0.00 4,657.50 
-------IIIIIIIIII!.I,IIIIIII)'fiJP!I!III!I!7f;!!!!l!~,~',-

/W

C 

, ..... oIIA INVOICE NO. ,/.,.,;"'f2-S8 

,,,'/ PUBLICATIONS:,AUTHORIZATION AND INVOICE 153179 

",..;iGATIONS AUTHORIZATION 

• ,a: (NAME: AND ADDRESS OF NEWSPAPER) 

Reading Eagle 

PO Box 582 

Reading, PA 19603-0582 

Attn: C. Hitchens 

I FEDERAL. I,D. NO,tSOC. ~EC, NO . 

:24-0676050 1- .. _ .... ,.. .. _ .. _ _ ..... ~ ... _ ... ... _ .. .. .. ... 

HEREWITH IS ENCL.OSED COPY FOR f>UeUCATION OF ADVERTISEMENT FOR PROPOSAL.S TO 

o EMPLOY o PURCHASE CONTRAC,T SELL 

PUBLISH ADVERTISEMENT (NO. OF TIMES) MAXIMUM NO. OF LINES DATE 

1 DATES OF INSERTION 

on or before September 25, 2010 

FROM: (NAME AliID ADDRESS OF AGENCY) : AGENCYTELEPHONE NO. . Shan i q ua Smi th : .. ~! ?.--::- ?~? .:-~~ rQf ... DEP Bureau of Air Quality 

400 Market Street, 12th floor 

Harrisburg, PA 17105-8468 

TYPEOFAD 

0, CLASSIFlED XC] LEGAL NOTICE 

16, 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in 1Ype regularly used by_y'our news~p-er for Qublic (~gal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in the form of a tearsheet must be inc' uded on Parts 1 , 2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT FUND DEPT APP VEAR L.OG ORG COS, FUNCTION OBJ AMOUNT 

ACTUAL NO. OF PRINTED UNES COST PER LINE TOTAL AMOUNT 

1stAd 9/25/10 357 1.65 589.05 

2nd Ad 

3rdAd Bold Charge 2.DO 

GRAND TOTAL-+ 596.0S I 

PASTE TEARSHEET HERE 

Commonwealth of Pennsylvania 

Countyof ______ ~~~ __ ----________ __ 

Before me, the subscriber, a Notary Public in and for said County, personally came Lynn Schittler 

who bcing dylysworn,doth depose and say that he is· ____ ~A~s~s~i~s~t~a~n~t~S~e~c~y~·e~t~8~r~y~ ____________________ ~ ________ ~ 

the . Reading Eagle a general newspaper published at __ --=R:.::;:e::.;:8:::,;d::;,:1:,.:·n:=.gC-__________ _ 

that the advertiseme'nt, of which tearsheet is attached· hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects. as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a simifar amount of matter occupying similar space 

and set. in a similar manner, in said newspaper. 

;{ftiLJ Sworn a~. ~M~efore me this 

day of Liep~ 20 / () 

(j~tL 171 . J t1iJtJa;m~ NOTARY PUBLIC 

My commission expires 

SIGNATURE OF AFFIANT 

COMIIIIOI\lVVt:,.I4i.,.fI.., 0~ ">CN,\i::tVtVANIA r"""~~~\.~~""",~\.~ 

NOTARIA~':iI;:Aj. 

"'This affidavit must be made by the OWner, Publisher, or the designated agent of the owner or publisher. THERESA M. SASSAMAN :\IOTf\PV PUBLIC 

- ,_.~.- --' .- ._-.... ' 

TREASURY MY COMMISSIOf\l EXP!REf OCl 23,2010 

.. , • - ....... I • ~I IVIL-''4 I. 
01 

I' 

10. AC'204R2 

ADOPT: A nurturinQ, financially secure, loving 

home waits for 1st baby 

to love forever. Expenses 

paid. Usa 1-800-805-1421 

George Withers, psych{c Counselor 610-796-4829 

BAHAMA CRUISE 

Carnival Pride, 1/09-1/16/11 

8 Days 17 Nites. $675/pp. 

2 cabins left. 610·921·1715 

DOVER NASCAR 

Tickets (4). Sept. 26th 

Sec. 129, row 41. $95Iea. 

Call 610-678-9262 

LOST: 2 DOGS - Female 

Australian Shep (brown) 

& male Australian Shepl 

Pitbull mix (brown & 

White). Womelsdorf area 717·269-0045; 717:-933-8153 

lOST CAT 

Black & white "tuxedo" cat, 

black w/white paws & bib, 

white above mouth. Union 

Twp. Reward. 610-582·8789 

LOST CAT - ORANGE & 

WHITE. Very shy.Shillington vicinity. REWARD. 

610-750-3412 anytime 

LOST CHIHUAIi!J.8... female, 

2 ma old. black wI white 

ne,ck, brownish paws. Vic of 

800 blk Mulberry. $100-

R~lNMI:t. 610-927-6666 

BEAnING EAGLE 

Now yo~ C(!O Illace a 

FOUND!:\Q~~:. . 

FREE! . 

Inaneffartio:bring finc!- ers a'nd 10sE:rs togetner. 

Reading Eagle Cornpany 

will offer FREE found ,ad,s., 

Run 4 lines foO days 

when you find SOmething 

s()meone might be Ico,king'for! CaH610-376~ 1527 

to pla~e a found ad. . 

IN THE COURT OF 

COMMON PLEAS, 

BERKS CO~NTV, 

PENNSYLVANIA, 

CIVIL ACTION-LAW 

LYNDA SHENK 

Petitioner, vs. 

IRMA CRESSMAN AND 

THE ESTATES AND HEIRS 

OF HARVEY E. WINK, 

KATIE E. SWOYER, 

CARRIE M. MERKEL, 

ANNIE BARNER, ElDA 

M. BLEILER, EVA I. 

REIFINGER, MYRL M. 

WINK, IRMA R. 

CRESSMAN, VIVIAN E. 

WINK, RICHARDO. 

WINK, EVA REIFINGER, 

MYRLE GRIM, GEORGE 

WINK, ANNABELLE M. 

WINKAlKlA 

ANNABELLE BROWN 

AND VIVIAN \:iA YER 

Respondents 

No. 08-4641 

Assigned: Stallone, J. 

To: 

THE ESTATES AND HEIRS 

OF HARVEY E., WINK; 

THE ESTATES AND HEIRS 

OF KATIE E. SWOYER; 

THE ESTATES AND HEIRS 

OF CARRIE M, MERKEL; 

THE ESTATES AND HEIRS 

OF ANNIE BARNER; 

THE ESTATES AND HEIRS 

OF ELDA M. BLEILER; 

THE ESTATES AND HEIRS 

OF EVA I. REIFINGER; 

THE ESTATES AND HEIRS 

OF MYRL'M. WINK; 

THE ESTATES AND HEIRS 

OF VIVIAN E. WINK; 

THE ESTATES AND HEIRS 

OF RICHARD O. WINK; 

THE ESTATES AND HEIRS 

OF EVA REIFINGER; 

THE ESTATES AND HEIRS , OF MYRLE GRIM; 

THE ESTATES AND HEIRS 

OF GEORGE WINK; 

THE ESTATES AND HEIRS 

OF ANNABELLE M. 

WINK AlKlA ANNABEL.LE' 

BROWN; and .,' '~"." 

THE ESTATES AND HEIRS 

OF VIVIAN HAYER 

Date of Notice: 

September 24, 2010 

J1VIPORTANT .NOTICE 

YOII ARr: 11\1 nr::C:AIII T 

~AKE ~HECK PAYABLE TO' 

neadlng£ ~ . P.O. BOX 8g e COmpany READ 582 

AOVEh~~J~~ 1f~~J-0582 

- __ . _ ICE / STATEMENT 

ENVIRONMENTAL i 

QUALITY BOARD' 

NOTICE OF. ; 

PUBLIC HEARINGS ; 

Proposed Amen..dmen1 , to Air Qual~ty , Regulations 

(25 Par Code 

Chapter 123) 

Low Sulfur Comtnelrcii 

Fuel Oils 

lower the al < 

fur content of commer-l 

ti<",1 fuel oil for: use in 

combustion units and're: 

place the existing area- 1 

specific sulfur content ; 

limits for commercial ' 

fuel oils with a statewide sulfur limit; add ; 

provisions for sampling! 

and testin'g, and .' 

record keeping and re- : porting, under § 123.22;; 

revise the sampling and' 

testing requirements in . Chapter 139; and add ; 

definitions to §: 121..1 (re 

lating to definitions) fOIi 

two new terms, and : amend the definitions oj 

eight exlstil'!9 terms, to 1 

provide danty and sup- , 

port for the amendments to Chapter 123. 

The proposed rulem~kjng would reduce the commercial 

fuel oil sulfur content' . 

limit'to 15 ppm for Nu~ 

ber 2,and lighter com- ; 

mercial fuel oils. In addi 

1;ion, the sulfur content 1 

limit for No.4 commer-; 

cial fuel oil and Nos. 5, 6 

and heavier commercial) 

fuel oils would be re- ~ 

duced,to lesS-than 0:250,4 

(2500ppm) sulfur and ~ 

less than 0.50% (5000 ~ 

ppm) sulfur,re5pec:tiyel~ 

The prpposed compll,- i 

ance date for the lower; 

sulfur content limits i51 

May 1,201.2. This pro- :) 

possl indudesa provi- j 

sion which authorizes \ 

the Department to tem-! 

porarily suspend or modi 

Amount Due: 

-M'I 

I00152743.092E 

~-Q'1-D 

\'.! lo 

j-cssiQ( 

,/~q;'1 

y ..J-~ 

$589:05 

$2.00 

$5.00 

$596.05 

fy the sulfur content ,L .......... .. 

with concurrence by thei .................................... .. Administrator of the U.S, ...... , ~_~.1. __ 'M_'_ W:~.,,, .. - .. , .... ~ 

$596.0 
COMMONWEALTH OF PENNSYlVANIA 

STD-S21 REV. '12·88 

4500445684 10/07 

1M/Oteri NO, 

PUBLICATIONS:-,AUTHORIZATION AND INVOICE 154538 , PUBLICATIONS AUTHORIZATION 

TO: (NAME AND ADDRESS OF NEWSPAPER} : FEDERAL 1.0, NOJSOC. SEC, NO, FROM: (NAME AND ADDRESS OF AGENCy) :,AGENCYTELEf>HONE NO. 

Scranton Times-Tribune' , Attn: Legal Dept .. : ,':, 

1'49':Pen'u AvenU:£! "'.' ~ ;,Scr.a.hton,~' :.-; .FA ,','-tss'oi , .. , .. ' ,; 

: 24-0.711479 PA DEP , ': 717-787':"4325 , 'J- " ~:-, 7!~, -.: -','" ":',. - -.» --» .ureau, of, Air Quality" - _ ... M .',> _. - _. -' _. - • 

,',:, . 4.00, Market· Street, 

':'; 'H~~irisl:hlrg, PA 17105 

HEREWITH, IS ENCLOSED COpy FOR PUDUCATION OF ADVERTISEMENT FOR PROPOSALS TO 

o EMPLOY D PURCHASE D CON-rRACT o SELL o CLASSIFIED B LEGAL NOTICE 

f'UeUSH ADVERTISEMENT (NO, OFTIMES) MAXIMUM NO. OF LINES DATE 

1 

DATES OF' INSERTiON 

Thursday, Sept. 23, 2010 

You, as vendor, are authorized to publish, this advertisement in your newspaper,. subject to the terms of this order, as 

follows_:, AdVertisement t6 be published in regular advertising columns, no position specified; caption of two lines and signature 

to ~e in c,api~al.~ an,d .~ubj~ct (JlaJter aRd title of 0ffjcer. to be \set<solid. i~ 1Ype regularly; used bY~y'dur news~~er f~I;.'~Rublic (!~'9al) 

notice advertlsrng; 'charge' to be made at the rate' charged to and paid by commercial advertisers for matter Similarly! set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color. 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination. shall have the right to cancel said contract. Return this copy at once if you will not accept t~isadvertisement under the terms' 

set forth. " 

Proof of advertising in the form of a tearsheet must be included on Parts 1,2 &3. Retllt~ 6riginal and two copies (signed 

by the editor or publisher) to Agency fisted above. Part 1 must be notarized. Part 4 is yC?ti~s. \, \. Commonwealth to be billed only for actual number of printed lines published. ,\ 

'AC;COU!"fT 

gom;: ' 

1stAd 

2nd Ad 

3rdAd 

DATE OF"INSERTION 

~. ,,i". 

ACTlJAL NO, OF PRI COST PER LINE 

3£)~ ;;./ 

'. ~ .. t .- ~,j , •• 

GRAND TOTAl::; 

PASTE TEARSHEET HERE 

TOTAL AMOUNT 

fL!6 

~ 

'~4~ 

Commonwealth of Pennsylvania 

Cou nty of I~>lt a It {A !J. >LA M IA.I1 J , • 

Before'me, the subscriber, a Notary Public in and ~ t~tcoun~ per~s na2!f.arrrK:;,&\M.,f.l.-IUru ~ Vu Y1JJ<..J 

who b~g duly sWCWl, cJqt!1. depose and say that he is* ' lLh I i/J _ .. of t I q ~ ()JJ'*{ 

! ' 

PH 

'On 

24 

the I I JIVt.V) I 'f I , VJU)i\.J " a general ,newspaper pUb shed at .1 '/ .Il !.I!;/LlJC. " 

: that the advertisement, of which tearsheet is attac;::hed· hereto, wa,s published in the regular advertising columns of said 'newspaper, ' 

in the, editions of said newspaper, in all respects"'as' ordered. and invoiced above; and that the Commonweal~h i$ not charged 

therefo('a~ a rat~ higher than· is, char'ged any .. ordjn~ry 6onim'erbi~,1 advertise.r for a ,sImilar amount of mat,tet occupying sirrlilar space 

:an.d set in a similar manne'r,' in said neyvs"paper." f~: " """ , : :1' 

Sworn and subscri,bed before me this 

____ ~;-____ ----~~ __ ~ __ ---------- 20 ____ __ 

COMMONWEALTH OF PENNSYlVAN:mGNATURE OF AFFIANT 

Notartal Seal 

Sharon Venturt, Notary Public 

4--------+~~----+-- City of SCraot<ln, t..ackawanna County 

*This affidavit must be made by the Owner. Publisher, or the designated age~~~ Feb. 12, 2014 

COMPTROLLER 
The Scranton Times (Under act P.L. 877 No 160. July 9,1976) 

Commonwealth of Pennsylvania, County of Lackawanna 

PA DEPT OF ENVIRONMENT PROTECT 

400 MARKET STREET 

HARRISBURG PA 17101 

Account # 30260 

Order # 80380095 

Ad Price: 845.84 

Gina Krushinski 

Being duly sworn according to law deposes and says that she is Billing clerk 

for The Scranton Times, owner and publisher of The Scranton Times, a newspaper 

of general circulation, established in 1870, published in the city of Scranton, 

county and state aforesaid, and that the printed notice or publication hereto 

attached is exactly as printed in the regular editions of the said newspaper 

on the following dates: 

09/22/2010 

Affiant further deposes and says that neither the affiant nor The Scranton Times 

is interested in the subject matter of the aforesaid notice or advertisement 

and that all allegations in the forego~~ stat$!m.ent ~ time, place and 

character or publication are true ,~ /i11.(..tLl L/1.I.,/lLtJ/~ .< 

Sworn and subscribed to before me this 2~~:;;;;;:~ 

(Notary Public) 

COMMONWEALTH OF PENNSYLVANIA 

Notarial Seal 

Sharon Venturi, Notary Public 

City of Scranton, lackawanna County 

My eommtssJon expires Feb. 12, 2014 

Member, Penns'Iivanla Association of Notarfes 

"tJoT(c-= OF PUBUC HEARINGS. , ENVIRON,MENTAL QUAUTV BOARD . Pl".op'osed Amendme~ts to ,Air Quality . " ';'." Regulations' ." p' (25:Pa. Cod~ Chapter 1~3) .: lPw S~WJr COmmercial Fuel Oils 

The Ehviro,l""otal'QlJality Board (B~;ardt INiIl 

hold,' li~:Ii!1iiWngs for ·the pu,p,rp, oS!lI,' of 

accep 't1fbn the proposed rulemak· 

ing {efa , " Pai:Code C~apt~r~ 121, 1.~3 ana '139,(reUlting"to:general prov!slons; standardslor contaminants; and sampling and testinglto'sdd requ,ireme, nt,s, fpr the',control of ~ul· fur <:tompoJ,!IJ,(Le.mis~Jons frQrr combustion units.:<~: "';:,/ ,.,;.::~ .. i,; 

The ProIlO'~~'~'" ~u'ie~'akin9 ~ wO!Jld: amend 

123.22 (relating to: .~OlTlbU~lon' uOltS) to. lower 

the allowable ',c,oiJteYlt of ~ommerclal.fuel oj~ for,:ifse i~ " :u'~ti~n lInit~:al1d rep'la~e·the existing are~~pecific;, sulfur content .limits ,for comm'ercial ':fuel ,oirs with- ,a 'stateWide SL!.lfur li~it;Jidd pr'c)vjsrM'~ :fo,r sa,mpli.ng ~nd testmg, and irecorc1l<eepmg· s[ld" reportl!,g, un~er 123.22~reviSEithe sampling and t~stmg. ~equlrements,'in Chapter 139; and add defimtlOns to 

12,1.1 : (relating to'definiti9!'s) for: '!YJo n~w terms~ and amend.the definltlQlls of eight eXist· 

ing terms, to",rovide·clarity and support for. the 

amendmentstQ Chapter 1~3. 

The" pf6Pos;q 'rui~J,aking wo'iJld r~dyce the comme~c1alifuer Oll, sulf~f, coment limit to1S 

prfm for Num~er 2 ,and lighter, '?Offirperclal fuel 

ods. lo'additi'O,I'l, the,sulfur content limit for, ~o. 4 commercial:fuel Qll ~Jnd Nos. 5J I) and heavier 

comrria(cial Juel bUs Would be reduced to less 

than 0;25% (2500 "ppmL SUlfur. ~nd, less than 

0.500/0 (5000"'ppm) sulfur,~ respectively. The pro- posed' compliance, date, for the; lowef s~l~ur content"limits:isrMav.ll 2012. T~ls proposal m- ch:tdess' provision I(1Ihich,autho(lzes tre Depart- ment to temporarilv suspend or modlfythe.,sl;Il. fur 'content with~'concur~ence by the Admll)ls, traton'pf the;" U.~;. Er'Y'r~)Om!lntal. Protection 

Agenci (EPA,J;\if~up,pJy,:Ir:'an air basm or a par- ticular' geographiC, arell IS reasonably unavall· 

able. ' 

The P(PPOS~(( ruleO\a~inQ' if .adoPt~d 'by the 

Board as a firiaHofm r~lemak,"g, Will ~~ subrri.\tteq to tM EfA. ,fo'r~pproval as a revlsl0!1 to. 

the St~te IrflplementatlOn 'Plan. The hearings will be\held asfollows:' ;, ,. ' 

O~o~~r 26, i010Depa~~ent;'Qf '. 

7:00 ·p;m. ,. ~~~~~n~~~~~\ ~I~~g~~ , 
':\:-2~;~~sb~~~~,~,Z!?E>"<'" ' QCtoti~'i:27;' 201 0' 'Cranbe~;Y'To~~ship 1:00 'p,m.:, Municipal Building' 2525 Rochester Road " 

Cranberry Township, PA 

,16066'6499 ' , 

October 28, 2010 Departmenfof , "." , " II 

7:00'~,m,' Environmental Protection 

Southeast Regional Office 

Delaware Conference' Room . ',: , 2 East Main Street' , )i ' ) ,,', -;Norri~own, PA 1940~ 

Pi[)fi~!JJia'~~r;~';;;;i,:u' j , ':;',7; (~;~;; ':':' 

Persons, wi~~ing to, present testimony at a hearing 'are'ieque~ed to ,contact the,Environmentar Quality Board, P.O. Box 8477, HarrisbfJrg, ,fA 171,P5-847.7" (11n 7874526 ,at least 1 1 

week In advance of the hearIng to reserve a : time to ' present testimony. Oral testimony is ' 

Iirnited'to 10 mintJtes:for' eacn witness. Wit- ne~es:fa:,e1~:reque$lEid to subm,it three written 

copiestof,their oral' testimony to tM he~ring 

chairpe'rson ':af; the hearing. Organizations:,are limitedlto designating one witness' to' preseor testimony Oil' their- behalf at, eaCh hearing, 

Perso~s in ne~;i 6¥accomrnodations as provid- ed fordn thE) Americans with Disabilities Act of 

1990 s60uld';'coniacf the 'Board at (717) 787-

4526 or throu8'ldti¢; Penpsylvania Ai~T Relay Service at (80 r 654~5984: (TOD)'to discuss how tli~~ Bo~rd ca~n 'best. accomryiodate their needs. 

Writt~~~'Co~pelrts, , 

Interested patsons' are'jovitedto sub~it com- menti'I::sugg~stldn~or objections Teaarding the 

proposed rulemaldrig to the EnVIronmental 

Quality Board; p.e; Box, 8477" Harrisburg" PA 

17105·8477 (express: mail:, Rachel Carson State 

Offjce :Building;J6tb, fl,oor, 400 Market Street, 

Harrisburg, PA17101-2301), COl'llment~.subOJitt~ by, f~csimjle Will Jqot, be,accepted. C0llt-, malltsl s~qr:,obJectlons must bere· ceiil~ct '" ',"" ,tfb\i'MondaYl Nov9rn1ier 29, 

201 O. ,ljltere~ep' P!lisons mavalso ,su,bmit, a sl.!mm~.rY of: tlWm 'C:o"!rnents to.the ~<?,ard. The 

summary m~y: not, ~~ceed 'oM,'pagell1length, and ml:lst als'O'6e' receiVed by Monday; Novem· 

ber 29; '2010: The:QnEFpagesurilmary will oe provjd~d to~ach inemtierof the Board in the agenda~ packef distributedprior,to the meeting 

at whichthi" firiaHorm rulema~ing will be con- sidered. . :,. ,,' " 

'Eiectr~nic:C~~n;enta ~ ,: 

Co~ments'lllay b~'~u~rriitted electronically to 

thli) Board at RegComments@srate.pa.us and 

must tj~ received, by' ihe Board by Monday, November 29,~'2010,·A'subiec:t heading of the proPdsal'alld"~"(ettIrtl~ame and address. must 

be' IOclOded ifi:ea:Ch~ transmission. If the sender doe~ ll'9t rec~ive, ~ri, a9knowledg,meot of electrOntc comments" within. 2 working days, the 

comme.nts ~hould' be '.retra'nsmitted to ensure, r~~ejpt .... .'; "','.:' " ",t'- l <. l, , " •. " ~ 

C~pieltof i~e~Prop()aa,1 ~ ,~ . ~" " .... \ ,: '" 

The full textJ:of the rulemaking will be pub- lished2in that,September 25, 20fO, issue of the Pe.\tl1sY:!lI:!lI}!~}aJ.,lI!~H!l.an'd will' be available at http://wWw.pab~lIetjn.com as well as 00 the Department:~ 9r ,E~"ironmental Protection's 

websIte, at.,.';' http~(~,depweb.state,pa:,us 

(Keyword: ·PubJic Participation": then' choose 

"Proposals pp~'ii for. CQll')rnentU). COJ)ie~ o~ the 

p, I wlll,a!so"pe'\avallapl~ ,from Shanlqua Situ Departinent 'of EnVIronmental Protecti&n, re.au:~f.Air QualitY, Rachel Carson State 

Office' /?Ulldlng; 12tt!· ~Ioor," 400, Market. Street, P.O.· Box,,846Br Harnsburg" PA 17.105·B468, by pn'i:m(f:at-(717) 787-9702' or by email at shani s~~th@:state;~~.us. ,,' . ,', 

JOHN ,HANGER Chairperson 
LASER IMAGING SYSTEMS. INC. (717) 266·17QO 106486 

4500445684 10/07 

FROM: (NAME AND AODRE55 OF AGENCy) :AGENCYTElEPHOIltE NO. . 

The. Meadville' 'Tr'fbune ". 

9l. t··, Federal 'CoU:rf'," ~:.:< 

han1.q'ua Smi th- !]·-17e·787·~9~702 EP Bureau' of Air {ftiaTi t·y· .... ~ .. ' ~ _. -_. 

Meadville, PA 16355 

. HEREWITH IS ENCLOSED COpy FOR PUBLICATION OF AOVE~TISEMENT FOR PROPOSALS TO 

o EMPLOY o PURCHASE o CONTRAC.T 

puaUSH ADVERTISEMENT (NO, OF TIMES) MAXIMUM NO. OF LINES 

1 OATES OF INSERT'ION 

on or before September 25, 2010 

o SELL 

00 Market Street, l2th floor 

arrisburg, PA 17105-8468 

TYPEOFAO 

o CLASSIFIEO [K] LEGAL NOTICE 

A~;;;, ........ ",_ You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in :tYpe regularly used by_y'our news~p-er for Rublic (~gal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any, .. 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on. account of race, color, 

~;:HI"fIVI.H) creed, ancestry, age or. n?ltional origin and that the Commonwealthl upon receipt of satisfactory evidence 'of such· 

djsicri·r:olliatioo· shall have the right to c.a-ncei said contract. Return this copyatonce jf you will not accept this advertisement. u ndertt)~ terms ~ ..... - , . ~ . " . ,,' . '. . 

r::~I;l~ ... nin'f:'l'fadvertising in the form pfatearsheet must be ir,lcluded on Parts 162 &3. Return original and two copies (signed 

.t'lle:,~!(ln:or:·or publisher) to Agency I isted above •. P~rt 1 mg~t be not~ri~ed. Part 4 is yours. 

~~""''''J'~.-'''';'''''' 'to be billed ~nly f~r aptual.h,l,I~b~r·ofpiinted·lin~s publi~hed. . 

2nd. Ad 

3rdAd 

. . 

~~JMty~: who bj'!Ptlt~ __ ! 

the. ,: 

that the adverti ' 

in the editions .. 

therefor at a rate 

and set in a simile 

, "day of 

. 

Myc8m'ml 

-, :'" '.' .. 1 ~ • 

AMOUNT 

o 

COST PER UNE TOTAL AMOUNT 

1 ~ , , 

) 

::.:) 
co 

II c./!i 

M 

'C'W) 

i& 

"¢ 1'-- ,'In, 10 Q 

:: Cl 'ri '<t 

CO 

(0 

';j 

.qCl 

0 

1.0 

"<t 

W 

(.) 

- ~. 

'0 

::> 

z 

0 

~ ,: ~ 10 

(\J 

R 

EO 

~ ! 

oj 

::2 , 'UJ 

b-

(J) 

>- ,! 

(J) 

(!J 

z 

a 

~ II: 

UJ 

C/l « 

...J 

1':17:.:",,-:-

PUBLIC NOTICE content Fmi~s f O,! pr.ov:isi?il which OctJbJJ,:28' 10' tacf\ihe iard .*~- .. each me~~er of http://www.dep~ m'll , ENVIRONMEN. c?mm~rclal:' .JJ,:le.~ .. f3:u~honzes the De- , 7;00 p' , (71 ~ 7~4'526 or the J3<;>ardi,' t~e web,state,pa.us : ,:1 '8: J..J TAL QUALITY O1~s wIth ~:t. s~a~.e:~:'" 'Par~ment to tempo-., Deb~~rnent ()f thrOlYg:h t~ Pen~. ag;e . . dIS- . '(KeY!v:ord: "~J.lbh;~;·",}'~!" 

.,,...... 0 BOARD WIde SUl~u;r .. ".,.hm.I~J" r ..a,nI;Y suspend or" EnV'iron.'mental . SYIVan".la,AT& .. T:He- tl' .. l~ r to P..?-rtlclPatlon~' " '~'{:J:'.': '~'o-.: 0 NOTI€E OF add P!QVIsl{)ns for 'tp~dIfy th~ sulfur ' ' PrrO."; 't~ction ':' ,laY~.Y:Ylc.~,\a. t:'(SOO)., .•.. '!n'~.~; '1, '~~t, i\m. at then choose . ro-' .... ,H."j ~ J : t-I PUBLIC ~amplmg a1!d.~e~t.- .J:QIl:~ent wIth con- ,:Southe~st.Re~al~~4-, ,8..4~P:P).to;;.;", 1 ,," h~i ':'lfiD:al- posals 0 ~~ for;" .. \0) f ~ :t~ ~ . HEARINGS mg, . and ,r~~~~d- curr~n~e by the·' :Sp~ce"" dIS cu. ~:vy.: t~e'<:,:.t:? .', " ',.' kmg 90mment" .,op" , ','j 

~ ....... :1""1 ..c "" Proposed kee~mg and. '.', ,re-, . A .. dmmlstrat01.: 0: :q~ .. l~}V~(b '.' Board cam ... ~.e.,.,:,s, t, "?:~'::-',' .' W, ::1, ~~, b~"".~~Sl ed. le~ of the 1'0 o.. ~\. ,; "l",j', ~CDH +.J 00 Amendments to portIn~, .. ~.lJ:~d~r '.§, " .th~. U.S. EnVl1'?n con£:~re:n,ce'. com. mo~ ... ",,;~he~r~. =~" will also b a't{ .. -.. ' '''J.~:, ~ ,..... :Cd N I Air Quality 123.2~, revls~. th~" ~ental Protectlo!l 2 Eas~ lVlliiirf reet needs, .. ,r :",' ,0 ; '''.' bl~ from Sh ua 'K ~ -H .:::s .-t Ll"I Regulations ,~amphng ~nd,t:est~, .. ,Agency, (EPA):f Nornstown, PA Written ,:':;; . C' '" b SmIth, D~J?ar.t~, '1' 

-'''; bo_O" 0 (25 Pa. Co'de mg reqmrements ..:' . sup.ply In an all' ~l':9'4'·.01 Comment's" ",' ::, ... " .. ';;' °b~~ 1 ~y e. ment ,Of~. ·.n.:;' 'd ~ '" .-t . Ch t 139 b' , , t" \, " , " ,. ,"'.' su ~-eu-e ec n- 1 P , "',' ., l is J-..j..'I ,..... : Cha ter 123 m ap e:r ... .;.," )~:~m or a p~r lCU- " .:;., "!:.. . " ':. ~.~. ',' ,.,. , menta. ro c oI}~ i i 

t:i 'r-i (lJ.-t Lo$ Sulfur) and add defimtI?ns: .!argeogra,phic area Pubht~~ar~ngs Inte!es~ed ~~~~W1S, lcaJI)Cto ~~oa d Th;.re~~ of ~lr 1 J. ~ <: Q) C . 1 to § 121.1 (relatmg ls~·'reasonably un- Persons,,:Wlshmg to ar~ mVlted.t9,-:;ub~'(,.Cl~ R.eg~nts@ QualIty, Rachel :f, 

~ ..c: f..t <: Fmi~~la to definitions) for available. preseIi~. -t~stimony mIt, '.coinrtlents, stat~a"':trs-;-. .and Carson Sta~, Of-' .. >1: 

Ii! .4-3 ~ +J ~ ue " IS, , two new terms, The' 1'0 osed,rule-' at a h:eraIi~g are re- .~ug~estlo~S ~~ ?~~:., J'!lui~e ~elved fice Buildin~2th· ': ;'; 

l':i,,~ .... • \ ... : tal Quahty Board initions of eig'ht ,-ex- b~~ thmg'BI adop e the Erivir6nctal the proposed··tule~ '~. ,Mo ,y, ~ vem- Slre~t . . Box' i'{', 0 .... " ... - ~ (B d) 'II h Id J. e oar as a , " . k' t th' E b 29 ' A' 1 • , I" 

\U r-I 0 tf.l The En~lronmen- and amend the def-. k.P P'f d t 'd'" quest~q ·to contact JectlOns, rega,:r;am~" by, e~d by floor 40[1' rket' _,,' 

6 «I OJ J..I: oar w~, 0 istin% ter~s", to .final-form rule_:"Qualitl ':;.' rd, n:-a mg 0, ,~. ~-. ,er,' : 8468, H!Urg, 1" ~ '" OJ ~ ;:l ~hree pubhc hear- provIde clanty and makin will be P.O. iSGlx' ,~77, vIronm,entaL.~tu~.h~ '. subject H.e g of PA 17105- ,y I 111 ;:l f...! J-...c mgs for the p:ur- support 'for ,the 'subn:iirted to" the HarrisnuJ:ig, ~ PA ty Board, P·9,·~<?x./ .. the prop and a phone at (1 7 - . ~ c:1' :::s a2 rn pose of acceptmg amendments. to. 'EPA:£' I '17105-847.7~ 7) 8477, Harrlsburg~. return. ~e and 9702 or b ema t· ~ ~a ~ ~ .~ . yomments on the Chapter 123, " as a' re~~si~~~~o:he"" J87-4516;:~t'ieast 1, PA 17105:~4T1- (ex':: · .. ~~dress QPust be sl1anismit st e.';, 

.:!: 

o "'I 

.... -,." 0 •. 

.... 

proposed,'rulemak- 'd Th e propose d ru '1 e~ "84-' "a~ 'J,.;.. I 

mp 

1 

emen 't a- .. 

'\veek ' "}- in'a·jvance "~ Of press C mad, St 't Rachel O'f. t' m,clude~n . . each If" pa us ~' a: ..d r.-t:l 0 (ij mg to, ,amen 25 k' Id" .:/.., PI Th ' the hearing to re- arson a e.. - ~anl:!mls on. ' JORN RANGE l.L. Q tr::: P C d Ch t rna mg wou re-' IJIOn an. e ' . , . fi B 'ld" . 16th' . the . d...1-d t· . co. ..:t a. 0 e ap ers d th " h ~ " , . 'Il 'b ' . serve 'a". tIme to Ice Ul mg,:,... ., ~en ~:.; oes no ChaIrperson 121, ,123 and 139 :uce e ~ommer~ e,anngs WI" e resentj;te~timon. Floor,. 400 -¥a:r:~~t.' r:ecelve an ac- 09/21110 

~ 

~ Ll"I: 

o Ull ~ ,......! 

a 00: Z \01 

q ....... - f .IN 

Q) 

~ 

=' ..0 

, -~~ :':, 

t.I1 

IJj 

.j..'I('Ij 

1-1\0 

;:I~ 

(relatmg to general clal fuel .Ol~ sulfur .. h~ld as follows. PO'1 t: t' Y. Street Harns'kurg ,,··knowledvement of . " content hmit to 15' , . ra es Imony IS ) "l ,. ~ <", 

Provisions' stand- October 26 2010 I' 't d ,t . 10 . PA 17101-230:0 " electroniLL . com- - . - 1 ,'-' , :fi N b 2 ' Iml e ,,0' ml- .' ".. W- ards for contami- ppm C!T um . er . ·7:00 PM.. :nutes rot ~acWsit- Comments sul;jm~t';":~D;lents ~thin 2· , . nants' and sam- and ,hghter co~m-. Department of,' .:~:h·t ' ted by facsiin'ife,~':'Vlorkin ays the .. • ' ~<. • , ~', ,.ness. ,vvl ses, '/ .' :" " , pImg and testmg) Iercld~,f.uel 0~~,; . :En~ronffi:ent.al.· ,; ,are request' to wIll not be ~~c.ept:'.'~:"c~mw.eni!. ,should ' 

to ~add require- n a 1 lOn, .' ,e ,,' ",ProtectIOn ',: SUbmit'thie~it- ed. . ~o~men~~;': .be_.,r:etra~ltted to '}§ ''I. . 

ments for the con- sulfur content !Iml~ " :: Rachel Carson .' t' J. : 'J!'" , suggestIOns' or':o.'O:.·:: ensure r~lpt. i U ,_' for No.4 commer- . S Off] .en cop~es~ol! elr .. :~ll .j!:", ......... -I I ~, ' troI of sulfur com- . 1 f 1 '1 d' ',' tate Ice. ora1 ' te'stJifuon to' JectlOns must ~ ·ue'.· COPie~he : ECI>ij d ' .. cla ue 01 an ' . - 'B 'ld' , . . db'" th .. poun emlsslC!ns Nos, 5~ 6 arid heav-, C ", ' .. "Ul mg the hearing cl} ii.. receIve . y ...... e .. ,~ Propo ~. E', from combustlOn ' , 1 f l' . qonfer~nce Room person at the near.: ~oard by M,o,J,l,q,ay(;:Hn. .&'; Il·t t f th o. - unl'ts ler commerCIa ue., . '105 '0 ,',. 1I.'rovember' ,,'"'9' .J.ue lU , ex 0 e" , 1 0 . '1 Id b . '. 1ng rgan'lzatlons J,'f , . . ;r.. ';', ' • 1 . ki '11 b '"" 'y ~ C\I ",;" 01 S wou e re~ . '4'00 Nil' k t St t' 2010 '1 't' " " '" 'd' I ru ema ng WI e >- ..., ~, The proposed rule- ddt I th·'· J.~r e ree ,are limited: to des- . ,n e:t:'~s,"'~' ~',: hI' h d' h' lo.. • N): uce 0 ess an Tt'''''''rlsburg P,A , ,''''~' . persons rna"" ~also" ~u IS e In t e (0 , making would 0 25nt (2500 )::.: flw , fi 19natmg ,ohe WIt- , J, .', . t ' t b . 25 c: ' • "10 ppm. '. 17101' " , submIt a summ~" , ep em er , '-_ amen~ § .. ,~23.22 sulfur and less:'·, I' , ." Il:ess to p't~.se~~s=.~f their cbmril{~iits~~' 2010, issue. of the "E ~ " ... (rela.tmg to., co.m- than 0.50% (5000, :.O~to~er 27,2010 tlmony 0:r::;thei~. th B d" illIl' ~"·P.enn8yluanla Bul- 0 l..': .,: 

bustIOn un~ts) to ppm) sulfur, re-;.: . : : ~:OO PM ~~lf at ea9? .. ~. .:., ~ e o~r. ':, ,\ e

t

: .. : 'tetin and. will be >- Q)e.. :~ 1 th IJ, . bi . 1 " Cranberry' 'ng" . .' S ~ry may no ',' ' c;.c ower e a 1~'Owa e spective y. The'. ,', '., ':l, '):'; -'. .' . ".' ,'available 'at co co .,... 

suifUI c~:mt.ent <?f proposed ,comph-', "". J'?WnshIl? ." 'Personf:n'l;(n~ of ' ., an! ·~ti$t,~ ·littp:Uwww.p "0 (I) CD • '. • • ' , .' .~I " ~ " c ne a e IIi", ,,; ! a. 

commer?Ia1l\lel 011 ~nce date for the,:,~Up)Clpal BU11dl:ng 'accoJ?mo,dati~s s' :~rD.g'receive'd:'f{' ":;'bu}letin.com~ as ~ s: ~~ f?r use !n combus- lower, s'l:llfl1:r con.- ,r,?~5 Rocheste: prov14ed '£01: ~, . Monda N6:v~l ;,'yv.ell as o.n ~ D~- ~.~ 0 

bon umts a~d .re- tent hmIts IS May . ,:. Road 'AmerIcans:: 'W.l..t:h,.h ltJo YZ010 -;".Th·~· p~:¢nt o£-.EnVl- .!:. "0 "Iplace the ., 

e.xlstmg 1 2012. This pro~' ", Cranberry, Disabi1iti&'S"lf.~'Y' ,.~9r. ~1 .' , :;.', ,·-e,/"fnn ental ~otec- ~ 'cu tLCD '" ~ e summa .' ~,,~ '" tI) r , area-specIfic sulfur posal includes a,. ~wnshlp, PA 1990' sho-pJld" -~lel..a~ g 'd 'df~:~:tiOirs'''' webs at ,'- ! 

,16066-6499 >,'. ; ~ ilQIl"!fe'prov.e, "~" '>~'.. \ "" ' c: ,!; 

:l! 

111 

to 

~ 

!!! 

o 

« 

r 

(j'J 

::J 

III 

:J 

Il. 

IJJ $.4 0 « :> Ol $.9 <co .. ::,:,:~.-:, ,:.0 Z W ", d:'.~:<l,tO.'! '.i~ C¢ .' " Q) ~ "O.'t: ... (0 ~~ til 0::;:' "0 c co O'lC,{;:t:L;;t:I,~·U' :::l Cl W r,~,,>,~'1,,',~ >+' "C "C ~o. -, OJ co "'C co C (J1) 

i g ! jlfn!J:!~~il:~'1')~'~~ ~I'zr ;~ ~ i.;; ,i~i:z::i ~j~ji 1 

(fJ 

III 'a x 

Q) 

,,·c· 

o 

"iii 

.(1) 'e 

E 

o 

o· 

,:>. 

"'2 
COMMONWEALTH OF PENNSYLVANIA 

5TD-521 REV. 12-88 

LASER IMAGING SYSTEMS, INC. (717) 266·1700 

PUBt'CATIONS:·.AUTHORIZATION AND INVOICE 

PUBLICATIONS AUTHORIZATION To be co":,pleted b a enc ~ 

D 

106486 

4500445684 10/07 

INVOIC£NO. 

153165 

TO.: (NAME AND ADDRESS OF N£WSPAP£R) I FEDERAL to. NO./SOC. SEC. NO. FROM: (NAME AND ADDRESS bF AGENCY) • AGENCYT~LaPHONE NO, 

The Patriot-News Co. :23-1304402 PO Box 2 2 6 5 i .... N .. ~ H .. - ~ - - - ~ - ... ~ .. - .. - -- -

haniqua Smith ~17-787-9702 EP Bureau of Air Q·ua·i:Ft\;"·~··---·-· 

Harrisburg, PA 17105-2265 

Attn: Pena 255-8274 

00 Market Street, 12th floor 

arrisburg, PA 17105-8468 

HEREWITH IS ENCLOSED COpy FOR PUBUCATION OF' ADVERTISEMENT FO~ PROPOSALS '1"0 

D EMPLOY o PURCHASE CONTRACT SELl... LEGAL NOTICE 

PUSLISH ADVERTISEMENT (NO. OF TIMES) MAXIMUM NO. OF LINES DATE 

1 DATES OF INSERTION 

on or before Se tember 25, 2010 

YOUI as vendorl are authorized to publish this advertisement in your newspaper, subject to the terms of this order. as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in type regularly used by_your news~Rer for Rublic (!§gal) 

notice advertising; charge to be. made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age ,or national origin and that the Commonwealthl upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel" said contract. Return this copy at once jf you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in the form of a tearsheet must be included on Parts 1 ~ 2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

FUND DEPT APP YEAR LOG ORG COST FUNCTION OBJ 

DATE OF INSERTION ACTUAL NO. OF PRINTED UNES COST PI::R I.JNE 

1stAd 

2nd Ad 

3rdAd 

GRAND TOTAL-+-

PASTE TEARSHEET HERE 

Commonwealth of Pennsylvania Countyof _____________________________________________________________ _ 

Before mel the subscriber, a Notary Public in and for said County, personally came 

who being duly sworn, doth depose and say that he is* 

the a general newspaper published at 

AMOUNT 

TOTAL AMOUNT 

that the advertisementl of tearsheet is attached, hereto, was published in the regular advertising columns of said newspaperl 

in the editions of said newspaper, in all respects, as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a similar amount of matter occupying similar space 

and set in a similar manner, in said newspaper. 

Sworn and subscribed before me this day~, _________________________________________________________ ~20 ________ ___ 

SIGNATURE OF AFFIANT 

NOTARY PUBLIC 
u! 

ENVIRONMENTAL QUALITY BOARD 

NOTICE OF PUBLIC HEARINGS 

Proposed Amendments to Air Quality Regulations 

(25 Pa. Code Chapter 123) 

Low Sulfur Commercial Fuel Oils 

The Environmental Quality Board (Board) will hold three public hearings for the purpose of accepting 

comments on the proposed rulemaking to amend 25 Pa. Code Chapters 121, 123 and 139 (relating to 

general provisions; standards for contaminants; and sampling and testing) to add requirements for the 

control of sulfur compound emissions from combustion units. . 

The proposed rulemaking would amend 123.22 (relating to combustion units) to lower the allowable sulfur 

content of commercial fuel oil for use in combustion units and replace the existing area-specific sulfur 

content limits for commercial fuel oils with a statewide sulfur limit; add provisions for sampling and testing, 

and recordkeeping and reporting, under 123.22; revise the sampling and testing requirements in Chapter 

139j and add definitions to 121. 1 (relating to definitions) for two new terms, and amend the definitions of 

eight existing terms, to provide clarity and support for the amendments to Chapter 123. 

The proposed rulemaking would reduce the commercial fuel oil sulfur content limit to 15 ppm for Number 2 

and lighter commercial fuel oils. In addition, the sulfur content limit for No.4 commercial fuel oil and Nos. 5, 

6 and heavier commercial fuel oils would be reduced to less than 0.25% (2500 ppm) sulfur and less than 

0.50% (5000 ppm) sulfur, respectively. The proposed compliance date for the lower sulfur content limits is 

May 1, 2012. This proposal includes a provision which authorizes the Department to temporarily suspend or 

modify the sulfur content with concurrence by the Administrator of the U.S. Environmental Protection 

Agency (EPA) if supply in an air basin or a particular geographic area is reasonably unavailable. 

The proposed rulemaking, if adopted by the Board as a final~form rulemaking, will be submitted to the EPA 

for approval as a revision to the State Implementation Plan. The hearings will be held as follows: 

October 26, 2010 

Department of Environmental Protection 

7:00 p.m. 

Rachel Carson State Office Building 

Conference Room 105 

400 Market Street 

Harrisburg( PA 17101 

October 27,2010 

Cranberry Township Municipal Building 

7:00 p.m. 

2525 Rochester Road 

Cranberry Townshlp( PA 16066-6499 

October 28, 2010 

Department of Environmental Protection 
7:00 p.m. 

Southeast Regional Office 

Delaware Conference Room 

2 East Main Street 

Norristownj PA 19401 

Public Hearings 

Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality 

Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526 at least 1 week in advance of the 

hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. 

Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at 

the hearing. Organizations are limited to designating one witness to present testimony on their behalf at 

each hearing. 

Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should 

contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 

(TDD) to discuss how the Board can best accommodate their needs. 

Written Comments 

Interested persons are invited to submit comments, suggestions or objections regarding the proposed 

rulemaking to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477 (express mail: 

Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments 

submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the 

Board by Monday, November 29, 2010. Interested persons may also submit a summary of their comments 

to the Board. The summary may not exceed one page in length and must also be received by Monday, 

November 29, 2010. The one-page summary will be provided to each member of the Board in the agenda 

packet distributed prior to the meeting at which the final-form rulemaking will be conSidered. 

Electronic Comments 

Comments may be submitted electronically to the Board at RegComments@state.pa.us and must be 

received by the Board by Monday, November 29, 2010. A subject heading of the proposal and a return name 

and address must be included in each transmission. If the sender does not receive an acknowledgement of 

electroniC comments within 2 working days, the comments should be retransmitted to ensure receipt. 

Copies of the Proposal 

The full text of the rulemaking will be published in the September 25, 2010, issue of the Pennsylvania 

Bulletin and will be available at http://www.pabulletin.com as well as on the Department of EnVironmental 

Protection's website at http://www.depweb.state.pa.us (Keyword: "Public Participation"; then choose 

"Proposals Open for Comment"). Copies of the proposal will also be available from Shaniqua Smith, 

Department of Environmental Protection, Bureau of Air Quality, Rachel Carson State Office Building, 12th 

floor, 400 Market Street, P.O. Box 8468, Harrisburg, PA 17105-8468, by phone at (717) 787-9702 or by 

email atshanismith@state.pa.us. 

JOHN HANGER 

Chairperson]] > 

Appeared in: Patriot-News on Saturday, 09/25/2010 

.tiQ!l).g, 

1',· ... ,'Jd ,~ •. Illy PuMic N(71' i{'c~.(0m 
r .... COMMONWEALTH OF PENNSYLVANIA 

STD-521 . REV. 

4500445684 10/07 

INVOIC£NO. 

PUB'LICATIONS::AUTHORIZATION AND INVO~CE 153183 

PUBLICATIONS AUTHORIZATION 

TO.: (NAME AND ADDRESS OF NEWSPAPER) 

The Times Leader 

PO Box 730 

Wilkes-Barre, PA 18711 

Attn: M. Peznowsk~ 

. 

I FEDERAL-1.0. NO./SOC. ~EC. NO. 

: 75-3218377 t_ .. __ ... '_ ....... "" ,... ....... "': .... , _______ ..... 

HEREWITH IS ENCLOSED COpy FOR pueUCA110N OF ADVE;RTISE;MENT Fot< PROPOSALS TO 

D EMPLOY D PURCHASE D CONTRAC,i D SELL 

PUBUSH AOVERTISEM~NT (NO. 0';" TIMES) 

1 DAiES OF INSERTION 

on or before September 25, 2010 

FROM: (NAME AND AODRESS OF'AGENOY) ',AGIfNCYTELEPHONI! NO. 

Shaniqua Smith : 717-787-9702 

DE P Bur e a u 0 f Air!. 'Q ulfl i·t: y - ~ ---..... 

400.Market Street, 12th floor 

Harrisburg, PA 17105-8468 

TYPE OF AD 

o CLASSIFIED [!J LEG~L NOTICE 

You, as vendor1 are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in type regularly' used by_y'our newsmmer for Qubfic (~gar) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, rf3ligious creed I ancestry, age or national origin ttnd that' the Common\ll.{~alth, upon r~ceipt of satisfactory evidence of such 

discrimination, shall have the rig ht to cancel s9id cohtract. Return this copy at once if you will notacceptthis advertisement underth'eterms' 

set forth'. . : , " '. "', . . '. . . . :,.' .' .. 

i .', Proof of-advertising in th~ form pf'~ tearsheet must be included ~n p~'rts 1, 2 & 3. Return original and two copies (signed 

" by the editor or publisher) to Agency listed above. Part 1 must be notarize~. Part 4: .is yours. 

Commonwealth to be pilled only for actu.al number of printed lines published. 

FUND DEPT APP YEAR LOG ORG COST FUNCTION' AMOUNT 

ACTUAL NO. OF PRINTED UNES COST PER LINE: TOTAL AMOUNT 

3rdAd 

GRAND TOTAL ...... 

PASTETEARSHEET HERE / 

~~~~e~ n \ 

Countyof/ £.C- m~fL;' J~' ~ vJ (~ . . Be ore me, th.9f.e subscriber, a Notary Public i~ ~ ... d( ~ ~htvAeJiS')parame . ::2-1.0 A ( w~g1iu!.v:,§.Wq.r:nqi~(1~e ~ say that he IS ~ , ~ / , I rthe J IT{)e:;. 7 (~t:::,t y .... \ . ag13neral wspaper pul;lished:;~ 1/ " . -; " ~t 

that the advertisement, of which tearsheet is attached· hereto, was published in the regular advertising columns of: said newspaper, 

in the editions of said newspaper, in all, respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a similar amount of matter occupying similar space 

and set in a similar manner, in said newspaper. 

day of Sworn c~ me this cJ 2~ 16 

. udUJ,d,{# ~JP;nJ? ~~ ~~~ . 

SIGNATUR.E·~ 

COMPTROLLER 
LEGAL NOTICE 

ENVIRONMENTAL QUALITY BOARD 

.," NOTICE OF PUBLIC HEARINGS 

Proposed Amendments to Air Quallty'Regulatlons 

(25 PaM Code Chapter 123) 

Low Sulfur Commercia' Fuel Oils 

The Environmental Quality Board (Board) will hold tl1ree public hearings for the purpose 

of accepting comments on the proposed rulemaklng to amend 25 Pa. Code Chapters 

121,123 and 139 (relating to general provisions; standards for contaminants; and sam- pling and testing) to add requirements for the control of sulfur compound emissions 

from combustion units. 

The proposed rulemaking would amend § 123.22 (relating to combustion units) to 

lower the allowable sulfur content of commercial fuel 011 for use In combustion units and 

rep/ace the existing areaMspecific sulfur content limits for commercial fuel oils with a 

statewide sulfur limit; add provisions for sampling and testing, and recordkeeplng and 

reporting, under § 123.22; revise the sampling and testing requirements In Chapter 

139; and add definitions to § 121.1 (relating to definitions) for two new terms, and 

amend the definitions of eight existing terms, to provide clarity and support fc:;>r the 

amendments to Chapter 123. 

The proposed rulemaking would reduce the commercial fuel all sulfur cQntent limit to 

15 ppm for Number 2 and lighter commercial fuel oils. In addition. the sulfur content 

limit for No.4 commercial fuel oil and Nos. 6, 6 and heavier 'commercial fuel oils ;Wpuld 

be reduced tQ,less than 0.25% (2500 ppm) sulfur and less than 0.50% (5000 ppm) 'sul A 

fur, respectively., The proposed compliance date for the lower sutfur content IimitS'ls 

May 1,2012., J'fhls proposal includes a provision which authorizes the Department'to 

temporarily suspend or modtfy the sulfur content with concurrence by the Administrator of the U.S. Environmental Protection Agency (EPA) If supply in an air basin or a particular geographic are~ is reasonably unavailable. 

The proposed rule making. If adopted by the Board as a finaHorm ruiemaklng, will be 

submitted to the EPA for approval as a revision to the state Implementation p',an. ,'ryle . hearings will be held as follows: . >.' . 

October 26, 2010 

7:00 p.m. 

October 27, 2010 

7:00p.m. 

October" 28, 2010 

7:00p.m. 

Public Hearings 

Department of Environmental Protection 

Rachel Carson State Office Building 

Conference Room 106 

400 Market street 

Harrisburg, PA 17101 

Cranberry Township Municipal Building 

2626 Rochester Road , : Cranberry Township, PA 16066-6499 , 

Department of Environmenta! Protection 

Southeast Regional Office " , :'/:;" :;: Delaware Conference Room ;":.," :':' 

2 East Main street . 

Norristown, PA 19401 

Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717) 787 A 4526 at 

least 1 week in advance of the hearing to reserve a time to present testimony. Oral 

testimony is limited to 10 minutes for each witness. Witnesses are requested to sub~ 

mit three written copies of their oral testimony to the hearing chairperson at ,the hear~ 

ing. Organizations ;are' limited to designating one witneSs to present testimony on th~ir: 

behalf at each~ hearing. ' 

P~rs~~s In' n~~d of acCommodations as provided for in the Americans with DisabUitle~ Act ,of 1990 shoufcfc'oritacttl1e Board at (717) 787-4526 or through the;'Pehnsylvani:;1,., 

AT&T Relay Service at '(800) 664 A 5984 (TDD) to dIscuss how the Board can::best .' 

accommodate their needs. ' 

Written Comments 

Interested persons are invited to submit comments, suggestions or Objections regarding the proposed rufemaking to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building. 16th Floor, 

400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will 

not be accepted. Comments. suggestions or objections must be received by thEt,,":' 

Board by Monday/November 29,2010. Interested persons may also submit a summ~';':' 

ry of their co~men~ totl:1e Board. The summary may not exceed one page in length 

and must also be rec~ived 'by Monday. November 29. 2010. The one-page summary " 

will be provided to eac::t" m.ember of the Board in the agenda packet distributed prior to ,.~ the meeting at,which tI1eJil1al-form rulemaklng will be considered. ;/ ":ii;~'·.'F.:,,~':i.!;;;' 

Elect~~niC '~mmen~~ " ;, , " , (.?,~<:~,,~:::,. '<"";: / " :.".-

Comments may be submitted electronically tp the ,Board. at 

RegComments@state.pa.us and must be received by the Board by Monday, November 

29, 2010, A subject heading of the proposal and a return name and address must b~ 
COMMONWEALTH OF PENNSYLVANIA 

8Te-52'1 REV. 12·88 

LASER IMAGING SYSTEMS, INC, (717) 266·1700 

D 106486 

4500445684 10/07 

INVOICE NO. 

PUBlICATION,S:',AUTHORIZATION AND INVOICE 153173 I 

TO: (MA .... E ANO ADDRESS OF NEWSPAPER) i FEDERAL 1.0. NO./SOC. $£0.. NO. FROM: (NAME AND ADDRESS CWAGENCYl • AGENCYTELEPHONE NO. 

Williamsport Sun-Gazette :24-0736730 

,- - ... """ ......... - ... - - - 411'! ........ - ............. "" ... 

haniqua Smith 117-787-9702 

P.O. Box 728 v EP Bureau of Air Q-tial"itY-------_··· 

Williamsport, PA 17703 

Attn: Nancy Casale 

00 Market Street, 12th floor 

arrisburg, PA 17105-8468 

HEREWITH IS ENCL.OSEO COpy FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSAL.S TO, TYPEOFAO 

o EMPLOY 0 PURCHASE [J CONTRACT o SEL.L LEGAL NOTICE 

PuaUSH ADVERTISEMENT (NO. OFT/MES) MAXIMUM NO. OF LINES DATE 

1 OATES OF INSERTION 

r efore Se tember 25 20io 

You, as vendor, are authorized to publish this advertisemet:1t in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in 1Ype regularly used by_your news~p-er for Rubric (~gal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertiser~ for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising intheform ofatearsheet must be included on Parts 1,2 &3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. ' 

Commonwealth to be billed only for actual nurhber of printed lines ,Published. 

ACCOUNT 

CODE 

FUND OEPT APP YEAR l.OG ORG COST FUNCTION OBJ 

DATE OF INSERTION ACTUAL NO. OF PRINTED UNE1;S COST PER LINE 

1stAd 

2nd Ad 

. 3rd Ad 

GRAND TOTAL----

PASTE TEARSHEET HERE 

Commonwealth of Pennsylvania 

Countyof ______________ ~----------___ 

Before me, the subscriber, a Notary Public in and for said County, personally came 

who being duly sworn, doth depose and say that he is* 

the a general newspaper published at 

AMOUNT 

TOTAL AMOUNT 

that the advertisement, of which tearsheet is attached· hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in aU respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary commercial advertiser for a similar amount of matter occupying similar space 

and set in a similar manner, in said newspaper. 

Sworn and subscribed before me this ________ _ dayv. _________________________ 20 ____ __ 

SIGNATURE OF AFFIANT 

NOTARY PUBl.IC