# 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.

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# \ **Secretary**

**Enclosures**

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

**717.787.2814 ,{J2z\**  **Printed G'I Recycled Paper** **\{'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) forapproval 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) (35P. 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 (SO 2 ) emissions, which contribute to the formation of regional haze and fine particulate matter (PM 2.5 ), 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 (PM 2.5 ). Particles affect visibility through the scattering and absorption of light and PM 2.5—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).

SO 2 is the most significant pollutant involved in the formation of regional haze. SO 2 emissions oxidize in theatmosphere 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 (42U.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 Federalareas 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 SIPcontaining 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, thebetter 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 schedulesand 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 

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**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 SO 2 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 SO 2 emissions in the MANE-VU region at 71%, SO 2 emissions from theburning 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 SO 2 emission inventory, for a total of 14%. In thisCommonwealth, commercial fuel oil combustion in residential and commercial combustion units contributes between 2% and 3% of SO 2 emissions in the MANE-VUregion, depending on the season. The NESCAUM evaluation indicates that the anticipated annual SO 2 emissionreduction benefits in this Commonwealth would be approximately 25,000 tons when the final-form low-sulfurcontent 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 Departmentevaluated 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 aspart 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 PM 2.5 in the atmosphere not only produces regional haze but also has significant adverse health effects. Epidemiological studies have shown a significant correlation between elevated PM 2.5 levels and premature mortality. Other important health effects associated with PM 2.5 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 PM 2.5 exposure include older adults, people with heart and lung disease and children.

The EPA set health-based (primary) and welfare-based (secondary) PM 2.5 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 PM 2.5 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 areasexcept the Liberty-Clairton area are measuring air quality that meets both existing PM 2.5 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 PM 2.5 standard is not protective of public health and proposed a more protective primary standard to be set between 12-13 μg/m 3 . 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 PM 2.5 rulemaking on December 14, 2012, strengthening the annual primary standard, reduced to 12.0 μg/m 3 effective March 18, 2013, and retaining the existing 24-hour PM 2.5 standard at a level of 35 μg/m 3 . The EPA further retained the existing secondary standards for PM 2.5 to address PM-related effects such as visibility impairment. The EPA stated that it was relying on the existing secondary 24-hour PM 2.5 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).

SO 2 emissions also contribute to the formation of acid rain. Both acid rain and PM 2.5 contribute to agricultural crop and vegetation damage and degradation of theChesapeake 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 SO 2 emissions that could lead to violations of the 1-hour SO 2 standard as well as reducing PM 2.5 and nitrogen oxides (NO

x ) emissions. Emissions of NO

x , which contribute to a number ofpublic health and environmental problems in the northeast, including unhealthy levels of PM 2.5 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 (CO 2 ), 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 areasinclude 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 oilsused 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 anddomestic 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 andfollowing 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 inthe 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 orincrease 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 proposedrulemaking, 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 purposesof § 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. Anotherchange 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 isconsistent 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 6and 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-formrulemaking 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 inthe 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 thetransferor 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 airbasins. 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 establishsampling 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 tobe 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 thanthe 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 totransferors and transferees in the manufacture and distribution chain for commercial fuel oil from the refineryowner 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 sulfurcontent 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 ifrequired 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 progressgoals 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 ResponsesMajor Comments and Responses on the Proposed RulemakingThe 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 DatesVarious 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 agreesthat 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) andozone. 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 theenvironment. They variously expressed concerns regarding SO 2 , NO

x , PM 2.5 , mercury and CO 2 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 SO 2 control measures and are appropriate as part of a comprehensive strategy for thisCommonwealth. 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 importantcobenefits of this final-form rulemaking, including reducing SO 2 that could lead to violations of the 1-hour SO 2 standard as well as reducing PM 2.5 and NO

x emissions. Emissions of NO

x , which contribute to a number of public health and environmental problems in the northeast, including unhealthy levels of PM 2.5 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 CO 2 , a greenhouse gas, should also decrease due to improved furnace and boiler combustion efficiency. SO 2 emissions also contribute to the formation of acid rain. Both acid rain and PM 2.5 contribute to agricultural crop and vegetation damage and degradation of theChesapeake Bay. Combustion of low-sulfur content commercial fuel oil will contribute to reducing the incidences of these adverse effects in this Commonwealth. TheDepartment 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 hadconcern 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 

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**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 commentsentitled ‘‘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 planand 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 SO 2 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 theproposed 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-desulfurizationequipment. 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 standardswhich 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 backgroundvisibility 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 allowablesulfur 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 SO 2 as the primary sourceof 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 SO 2 levels will assist the Commonwealth in meeting current and anticipated NAAQS for PM 2.5 and SO 2 .

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 supportedby the EPA and evaluated for performance in this application. Similar modeling was performed by the VisibilityImprovement—State and Tribal Association of the Southeast. The modeling indicated that emissions from thisCommonwealth 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 Iareas 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 SO 2 emissions from heating oil are approximately 2—3% of the regional SO 2 emissions based on a 2002 inventory and that since 2002 distillate and residualfuel oil demand have fallen sharply in this Commonwealth by 25% and 33%, respectively. Heating oil is awintertime 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 SO 2 to sulfate is slower in the winter and the cost effectiveness of the sulfur reduction appears to be based on reductions of SO 2 not PM 2.5 . The commentator felt that because the PM 2.5 NAAQS and regional haze rule are both based on control of PM 2.5 , this was not an accurate representation since not all SO 2 is converted to PM 2.5 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 ofvisibility 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 

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**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 SO 2 control efforts in the eastern United States.’’ This final-form rulemaking will reduce emissions that have an impact both locally andregionally and could be classified as a broad-based regional SO 2 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 SO 2 gas. While the transformation rate of gaseous SO 2 to sulfate aerosol particles does diminish in winter, its transformation rateis 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 SO 2 to sulfate on a typical July day as 0.8% per hour. The transformation rate of SO 2 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 SO 2 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 PM 2.5 NAAQS. Area sources, which include, but are not limited to, heating oil use, are a tiny fraction of SO 2 emissions in this Commonwealth. The commentator stated that most SO 2 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 PM 2.5 NAAQS. The Department responds that it has cited reductions in PM 2.5 concentrations as an ancillary benefit of this regulation. PM 2.5 concentrations have both a regional and local component. Regional reductions of SO 2 will help to reduce the regional component of PM 2.5 concentrations and, therefore, will help nonattainment areas achieve compliance. On June 29, 2012, the EPA proposed to conclude that the existing annual PM 2.5 standard is not protective of public health and therefore proposed a more protective primary standard to be set between 12-13 μg/m 3 . 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 PM 2.5 rulemaking on December 14, 2012, strengthening the annual primary standard, reduced to 12.0 μg/m 3 effective March 18, 2013, and retaining the existing 24-hour PM 2.5 standard at a level of 35 μg/m 3 . The EPA further retained the existing secondary standards for PM 2.5 to address PM-related effects such as visibility impairment. The EPA stated that it was relying on the existing secondary 24-hour PM 2.5 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 regulatoryclimate. 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 onNovember 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 factorsinclude 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 thePittsburgh-Beaver Valley attainment plan. The Department responds that it has cited reductions in PM 2.5 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 themarketplace. 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). Thelow 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 PM 2.5 nonattainment area as a regulation in development and anticipated to be adopted. Because this strategy is an important component of the Commonwealth’s plan forclean 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 atemporary 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 contentstandard for No. 2 fuel oil would exceed Federal require

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**PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013**ments and that a cost benefit analysis is needed. TheDepartment 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 wouldinvolve 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). Inreviewing 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 thespecific 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 thisCommonwealth 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 ofimplementation 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 lessimportant 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 gallonsannually. 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 consumedapproximately 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 andMaine. The commentator suggested that the Commonwealth require No. 2 fuel oil to meet the 15 ppm sulfurstandard 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 timeframe 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 ismost 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. Consumersin 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 toan 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 

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**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 theresidential 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 additionalsources 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 homeheating oil and create year-round supply problems harming both home heating oil consumers and operators ofdiesel 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 thisCommonwealth 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 samemarket 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 eithergroups 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 fordistribution 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 distributionindustry, 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 understandsthat 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 abusiness decision on the part of each distribution company. Credit Banking and Trading

Several commentators suggested consideration of anaveraging, banking and trading program to provide flexibility to refineries for the 15 ppm No. 2 fuel oil sulfurlimit in the proposed rulemaking. The Department responds that the limits and compliance date have changedin 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, averagingand 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 SO 2 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 

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**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. TheDepartment 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 fromimports 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 andEuropean 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 globaleconomy 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 flexibilityto 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 pipelinesystems 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 SO 2 per year from the proposed rulemaking was a substantial decrease in localemissions. Another commentator noted that this estimated emission reduction was not significant when compared to SO 2 emissions of 780,000 metric tons from powerplants 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 SO 2 . 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 SO 2 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 SO 2 and nitrogen dioxide, and programs addressing interstate transport in the eastern United States to reduce PM 2.5 and ozone concentrations. Thefinal-form rulemaking has considered the overall reduction of SO 2 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 

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**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 offsetby 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 SO 2 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 ormost off-road uses). Furthermore, existing provisions regarding emissions of SO 2 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 oilin 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 therequirement 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 andachieving 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 oilsulfur 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 commentatorsstated 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 thisCommonwealth. 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 thefinal-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 otheremission 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 SO 2 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 SO 2 levels willassist the Commonwealth in meeting current and anticipated NAAQS for fine particulate matter (PM 2.5 ) and SO 2 .

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 

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**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 SO 2 emissions. The Department revised the compliance date for reducing the allowable SO 2 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 fueloil 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 providedin 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 thewaiver 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 theDepartment 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 thecapacity 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 usedsparingly. 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-formrulemaking 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 thepart 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 requiredbecause 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.’’ Thecommentator stated that the Commonwealth cannot require sampling and testing for out-of-State parties. TheDepartment 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 tothis 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 fueloil 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. 

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**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 anadditional comment period would serve the public interest. The most significant changes made in the draftfinal-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 500ppm 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 clarifythat 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 terminalcompany); 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 andrecommended 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 smalladditional 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 astandard more protective of public health. The commentator explained that heating oil burners emit PM, NO

x , SO 2 , mercury and CO 2 have a major impact on public health, ozone formation, PM 2.5 , regional haze and acid precipitation, and that the change from 15 ppm to 500 ppm results in nearly a 20% increase in SO 2 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 NO

x , CO 2 , ozone, PM 2.5 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. SO 2 and NO

x aresignificant 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 SoutheastPennsylvania 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 meetthe 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 feasiblestandard. 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 hasnot 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 

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**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 termsshould 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 inthe 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 istechnologically 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 SO 2 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 beused in combustion units if control equipment or processes ensure that the existing SO 2 limits in pounds of SO 2 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 prudentmeasure. 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 isnot clear under what limited circumstances the Department can grant a suspension; and 2) it does not include atime 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 morespecific. The final-form rulemaking adds additional criteria for granting a temporary suspension and a time limit.

The CAC suggested that the Department adopt thelanguage 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 statedthat 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 sulfurcontent 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 ofcompliance 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 usedthroughout 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 revisedthe 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 consumerknows that the fuel is compliant. The Department removed the requirement to record the actual sulfur content and instead only requires the information reflect themaximum 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 

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**PENNSYLVANIA BULLETIN, VOL. 43, NO. 6, FEBRUARY 9, 2013**carrier. See 40 CFR 80.77, 80.106 and 80.590 (relating toproduct 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, suggestedthat § 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 theyhave 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 12million residents and numerous animals, crops, vegetation and natural areas in this Commonwealth by reducing the ambient levels of SO 2 , resulting in reductions in regional haze and PM 2.5 . There are also important cobenefits of this final-form rulemaking. Emissions of NO

x , which contribute to unhealthy levels of PM 2.5 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 CO 2 , a greenhouse gas, should also decrease due to improved furnace and boiler combustion efficiency. SO 2 emissions also contribute to the formation of acid rain. Both acid rain and PM 2.5 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 furnaceand 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 medianhourly 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 fueloil 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 andoperators of refineries, distributors and carriers of commercial fuel oils; owners and operators of commercial fueloil 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 beaffected by the final-form rulemaking. Owners and operators of refineries outside this Commonwealth will be indirectly affected if they supply distributors that sellcommercial 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 petroleumproducts 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-formrulemaking, 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 versus2,500 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 

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**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 transferscommercial fuel oil and ending with the ultimate consumer, each time the physical custody of or title to ashipment 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 aprivate 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. TheDepartment 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 forachieving 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 incorporationof 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 SO 2 and NO

x 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 PM 2.5 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 theDepartment 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 andSenate 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 thenoncommercial 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 oilor 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 oroperator 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 SO 2 , 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 inexcess 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 orincrease is requested and the justification for the requested duration.

(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonablyavailable 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 fossilfuel 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 SO 2 from a combustion unit in excess of the rates set forth in the following table:

Allowable Pounds SO2 per 10 6 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 SO 2 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 SO 2 , 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 orincrease 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 fossilfuel 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 SO 2 , 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 10 6 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 SO 2 emission monitoring equipment is subject to the provisions of paragraph (1).

(c) Allentown, Bethlehem, Easton; Reading; Upper Beaver Valley; and Johnstown air basins. Combustion unitsin 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 SO 2 , 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 orincrease 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 SO 2 , from any combustion unit in excess of the rates set forth in the following table:

Allowable Pounds SO2 per 10 6 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 SO 2 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 SO 2 , 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, an d 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 orincrease 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 SO 2 , from a combustion unit except asprovided 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 10 6 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 orincrease 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 SO 2 , 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 fossilfuel 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 SO 2 , 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 SO 2emission 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 recordrequired under subsection (g)(1) that enables the transferee to determine if the sulfur content of the shipment ofcommercial 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 mustlegibly 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, Bureauof 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 KinematicViscosity 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 shallcollect 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 Comprehen**  **sive Plan to Implement a Revised Water Audit Approach to Identify and Control Water Loss** 

Summary :

By Resolution No. 2009-01 on March 11, 2009, theDelaware 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 theirfindings 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 wereencouraged to implement the new methodology and guidance on a voluntary basis. Supplemental Information :

The DRBC is a federal-interstate regional agencycharged 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 tothe 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 helpwater managers and regulators, including the Commission, state agencies, and utility managers, target theirefforts 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 responsibilityfor reviewing the proposed audit methodology and developing these amendments, is composed of representativesfrom 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 theIWA/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, PA17105-8464, (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 theBoard 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 (SO 2 ) 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).

SO 2 is the most significant pollutant involved in the formation of regional haze. SO 2 emissions oxidize in theatmosphere to form sulfate particles. Visibility impairment, including regional haze, in rural areas of easternNorth 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 manmadeair 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 arevision 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, thebetter 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 schedulesand 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 SO 2 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 SO 2 emissions in the MANE-VU region at 71%, SO 2 emissions from theburning 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 SO 2 emission inventory, for a total of 14%. In thisCommonwealth, commercial fuel oil combustion in residential and commercial combustion units contributes between 2% and 3% of SO 2 emissions in the MANE-VUregion, depending on the season. The NESCAUM evaluation indicates that the anticipated annual SO 2 emissionreduction benefits in this Commonwealth would be approximately 29,000 tons when the proposed low-sulfurcontent 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 areappropriate measures to be pursued in this Commonwealth as part of the regional strategy to improve visibility. Lowering the sulfur content in commercial fueloil 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 IFederal 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 andpremature 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.

SO 2 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 theChesapeake 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), whichcontribute 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 bereduced 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 recommendationsto 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 oilsused 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 anddomestic 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 notbe 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 proposedrulemaking on February 18, 2010. The Committee unanimously concurred in the Department’s recommendation topresent the proposed rulemaking, with suggested revisions, to the Board for approval. The Department alsoconsulted 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 amendsthe 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 listingexamples 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 containtwo 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 beused 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 theDepartment 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 shortestduration 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 andJohnstown 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) toestablish 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. Thissubsection 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 tothe Department upon request. The subsection also requires refinery and terminal owners and operators tomaintain 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 sulfurmethod 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 toattain 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 SO 2 , 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 reducedsince 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 lowervacuum-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 , December2005, p. 3-2 and 3-3.) Further, the availability of lowsulfur content commercial fuel oil would enable theintroduction 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 ofcommercial 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 thatis 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 limitfor 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 andoperators of refineries, distributors and carriers of commercial fuel oils; owners and operators of commercial fueloil 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 petroleumproducts in this Commonwealth. Not all of these opera

### PROPOSED 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 proposedrulemaking, 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 versus2,500 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 sulfurcontent 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 theultimate 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 thatimpact. 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 ashipment of commercial fuel oil changes hands the transferor would be required to provide the transferee with anelectronic 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 anduse compliant commercial fuel oil. The Department conferred with industry on normal industry practices andtook 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 forachieving 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 incorporationof 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 SO 2 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 ofPM2.5 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 theDepartment 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 copyof a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the House andSenate 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, IRRCmay convey any comments, recommendations or objections to the proposed rulemaking within 30 days of theclose 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, priorto 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 andmust 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 inthe 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 notspecifically 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 commercialfuel 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 SO 2 , 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 orpercentage 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 orincrease 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 

### ] commercialfuel 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 SO 2 , 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 afterthe 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 orpercentage 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 orincrease 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 sulfurcontent 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 SO 2 , 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 orpercentage 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 orincrease 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 SO 2 , 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 SO 2 , 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, an d 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 theapplicable 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 orpercentage 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 orincrease 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 SO 2 , 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 10 6 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 orpercentage 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 orincrease 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 SO 2 , 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 thisCommonwealth 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 developand 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 thisCommonwealth 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 changeshands, the transferor shall provide to the transferee an electronic or paper record described inthis 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, therecords 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, therecords 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 anapartment 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) , Ameri

### PROPOSED 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 inPetroleum 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 shallcollect 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 specificauthority 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 definedterm 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 applicationforms 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 formprior 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 witha 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 therevised 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 petroleumproducts 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 (SO 2 ) emissions, which contribute to the formation of regional haze and fine particulate matter (PM 2.5 ), 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 willbe 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 andfollowing 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 of15 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 SO 2 and PM 2.5 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 wassignificantly 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 theproposed compliance date and the timespan for compliance would present significant challenges to fuel producers to provide an adequate supply of compliant fuel at the15 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 tothis provision. First, the Department removed the requirement that the Department would implement theprovision 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 beformalized 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 settinga 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 bysampling 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 contentare 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 SO 2 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 SO 2 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 SO 2 is expected to be less than the estimated maximum.

While there is not a legal requirement to provide anopportunity 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 toimplement 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 whomet the then-current eligibility requirements for certification as a certified clinical perfusionist and subsequentlywas 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. CodeChapters 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 Bulletinon 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 anidentifying 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 Bulletinas 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. 2 nd

## St Suite 902 Harrisburg, PA 17101

6 Douglas L. Biden, President Electric Power Generation Association 800 N. 3 rd

## Street, Suite 303 Harrisburg, PA 17102

7 Joseph Otis Minott, Esq., Executive Director Clean Air Council 135 South 19 th

## 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 sulf ur standards for commercial fuel oils provided the reductions result in real environmental benef its, 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 inimprovements 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 impact s 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 welf are 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 sulfurin 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 incost savings to consumers. (4, 7)

Response: The Department agrees that cleaner combustion results incost 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 besome 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 fuelsulfur 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 announcedcapacity 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 overs tated 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 theref ore 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 s uggested phased-in schedule, since allowing refiners, including refineries withinPennsylvania, 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 definitionswould be consistent with the definition of “commercial fuel oil.” (1, 6)

Response: The Department agrees that the term s should be consistent, and has changed “fuel oil-burning equipment” to “combustion unit” in the definiti on of “commercial fuel oil”

13. Comment: The commentator requests that language be added to the definition of “ultimate consumer” to ensure thatfacilities 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 si gnificant loss of supply. Sulfur removal from these heavier fuels is technologically difficult, very co stly, and usually economically prohibitive. Dilution is not a vi able 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 withthe concerns and another sugge sted 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 Informati on Administration State Energy Data System, in 2010 almost half of all residual oil is used for transportation purpos es (residual oil by its nature and by EPA regulation cannot be used in on-road vehi cles or most off-road uses, but can be used in large marine vessels). Furthermore, fuels witha higher sulfur content than those specified in the final-form rulemaking can be used in com bustion 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 monthsduring the heating season.

SAMPLING, TESTING RECORDKEEPING AND REPORTING REQUIREMENTS

18. Comment: The proposed amendments are not cons istent 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 en suring 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 tran sfer document because of the fungibility of the product. Many transfers within a company or toa 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 sulf ur content for each sale or transfer is impractical. The Department should amend the regulation so that cl assification 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 toaddress 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 us ed 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 fueltransfers 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 tran sfer documents not to specifyactual 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 en suring 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 de scribed 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 isno 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 proposedrule 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 combinati on 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 tocontinuously monitor op acity. Subsection, 25 Pa. Code §123.46(a)(1)(ii), does not require COMS for oil-fired com bustion 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'ieeI'/

# \ **Secretary**

**Enclosures**

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

**717.787.2814 ,{J2z\**  **Printed G'I Recycled Paper** **\{'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 EP Bur e a 

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. 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 advertisement

l 

### 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.



### TREASURYOctober 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""

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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~t** Ing 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

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, The proposed rulemaklng W9111d am a 

### nl1, 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 '-,"'-

, ChaIrperson4500445684 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 vendor

l 

### 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 'testl

### mooy 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,.I 55 ue 

### 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'f

t 

### 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,nt l ). 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 Envl

### day ronmental Protection, Bureau 

### of**-.---------~---------** Air Quality; Rachel Carson Stafe OffIce Bul ding, 12th floor
l 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 vendor

t 

### 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,

sex t 

### religious creed

t 

### 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 hear

## D 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! 

# r e**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 Floor
l 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. Comments l 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.PERWti E 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 RegCom

# a' 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_ ~n** **cm~** 

# )

• •• ..: making will be published "' 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 

### 'inissitm,:ex"J 

## as:·",

..",

......

,,-----'--"-,.,-----"---'-_--------'-"""'--'-_';_' _,'----'-'-",,---"--'

... 17105-8468, by OhOM ",t 

### M c".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 TERMS OF PAYMENT P.o. Box 566 HARRISBURG, PA 17101-7101 Pittsburgh, PA 15230 Due Upon Receipt FederallD # 94-0692700 BILLED ACCOUNT 

# I ADVERTISER BILLED ACCOUNT NAME ADVERTISING CUSTOMER SERVICE (412) 263·5050 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 \:iAYER 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:~.,,,** .. - .. , ....**~**

$596.0COMMONWEALTH 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 

# MIA.I1

J

, • 

### Before'me, the subscriber, a Notary Public in and

# ~**t~tcoun~ per~s**  na2!f. a 

# rrrK:;,&\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. ~equlre**  ments,'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. 5 J 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~.subOJit t~**  by,**f~csimjle** Will Jqot, be,accepted. C0 

### llt-, mallts l**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,,846B r 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

ChairpersonLASER 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 Commonwealth
l 

### 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

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. .

# ~~JMty~:
who

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### the. ,: that the adverti ' in the editions

.. therefor at 

### a rate and set in a 

### simile



## , "day of

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# Myc8m'ml -, :'" '.'

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# o

COST PER UNE TOTAL AMOUNT

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### PUBLIC NOTICE content

## Fmi~s 

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### ,! 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** 

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### 7;00 p'

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### or the J3<;>ardi,'**t~e** 

### web,state,pa.us : ,:1 

# '8: J..J TAL QUALITY

### O1~s wIth

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### Protectlo!l 2**Eas~** 

### lVlliiirf reet needs,

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### from Sh ua 

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### .. ,Agency, (EPA):f Nornstown, PA Written ,:':;;

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## C' '" b SmIth,**D~J?ar.t~,** '1'

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### and add defimtI?ns: .!argeogra,phic area

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### 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~,** 

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# >1:
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### 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· ': ;';

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### .... •\

...: tal Quahty Board initions of eig'ht ,-ex-

### b~~ thmg'B I 

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### En~lronmen- and amend the def-. 

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### ·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,**,~. ~-.**  

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### pubhc hear- provIde clanty and makin will be P.O. 

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### '. subject 

### H.e g of PA 17105- 

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### P·9,·~<?x./ ..the prop and 

### a phone at (1 

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### pose of acceptmg amendments. to. 'EPA:£' I**'17105-847.7~** 

### 7) 8477,**Harrlsburg~.** 

### return.**~e** 

### and 9702 or b ema 

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# . yomments on the Chapter 123, " as a'

### re~~si~~~~o:he""**J87-4516;:~t'ieast** 1, 

### PA

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### '1 "84-' 'J,.;.. 

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### each pa us**~'** 

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### mg to, ,amen 25 k' Id" .:/.., PI Th ' the hearing to re- arson a e..

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### Y. Street Harns'kurg ,,··knowledvement of

. " content hmit to 15'

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### Provisions' stand- October 26 2010 I' 't 

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. PA 17101-230:0 " electroniLL

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# rot**~acWsit-** 

### Comments**sul;jm~t';":~D;lents ~thin**  

### 2·

, . nants' and sam- and ,hghter

### co~m-. Department of,'

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### ted by

### facsiin'ife,~':'Vlorkin ays the

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### not be

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to**~add** 

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### to '}§ ''I.

. 

### ments for the con- sulfur content

### !Iml~ " :: Rachel Carson .' t' J. : 'J!'"

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### suggestIOns' or':o.'O:.·:: ensure

### r~lpt. i U ,_' 

### for No.4 commer-

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### "'2COMMONWEALTH 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

YOU I 

### as vendor l 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 Commonwealth l 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 advertisement l 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 PUBLICu!



### 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 Protection7:00 p.m.

Southeast Regional Office

Delaware Conference Room

2 East Main Street

Norristown
j 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 vendor
1 

### 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

## ~ ,

## ~ /

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### I

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### the 

### J IT{)e:;. 7

### (~t:::,t 

# y

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. 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·~

COMPTROLLERLEGAL 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