Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 9701 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 23, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–03639 Filed 2–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0241; FRL–9906–97– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Commercial 

Fuel Oil Sulfur Limits for Combustion 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania. This 

revision will implement low sulfur fuel 

oil provisions that will reduce the 

amount of sulfur in fuel oils used in 

combustion units which will aid in 

reducing sulfates that cause decreased 

visibility. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 24, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0241 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0241, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0241. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 25, 2013, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a revision to the 

Pennsylvania SIP by adopting revisions 

to 25 Pennsylvania Code (Pa. Code) 

Chapters 121, 123 and 139. This 

revision implements low sulfur fuel oil 

provisions that will reduce the amount 

of sulfur in fuel oils used in combustion 

units and amends associated 

definitions, sampling and test methods, 

and record keeping and recording 

provisions which will aid in reducing 

sulfates that cause decreased visibility. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
9702 Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 

I. Background 

Sulfur dioxide (SO2) is one of a group 

of highly reactive gasses known as 

‘‘oxides of sulfur.’’ The largest sources 

of SO2 emissions are from fossil fuel 

combustion at power plants (73 percent) 

and other industrial facilities (20 

percent). Smaller sources of SO2

emissions include industrial processes 

such as extracting metal from ore and 

the burning of high sulfur-containing 

fuels by locomotives, large ships, and 

non-road equipment. Combustion of 

sulfur-containing commercial fuel oils 

releases SO2 emissions, which 

contribute to the formation of regional 

haze and fine particulate matter (PM2.5), 

both of which impact the environment 

and human health. Regional haze is 

pollution produced by sources and 

activities that emit fine particles and 

their precursors which impairs visibility 

through scattering and absorption of 

light. Regional haze affects urban and 

rural areas, including national parks, 

forests, and wilderness areas. 

Fine particles may be emitted directly 

or formed from emissions of precursors, 

the most important of which includes 

SO2. SO2 emissions oxidize in the 

atmosphere to form sulfate particles. 

Visibility impairment, including 

regional haze, is mostly due to an 

increase in sulfate particles in the 

atmosphere. SO2 emissions also 

contribute to the formation of acid rain. 

Both acid rain and PM2.5 contribute to 

agricultural crop and vegetation damage 

and degradation of the Chesapeake Bay. 

Combustion of low sulfur-content 

commercial fuel oil can contribute to a 

reduction in SO2 emissions and in the 

incidences of adverse effects in the 

Commonwealth of Pennsylvania. The 

reduction of sulfur limits in commercial 

fuel oils used in residential and 

commercial combustion units is an 

appropriate measure for reducing 

regional haze and improving visibility. 

II. Summary of SIP Revision 

This SIP revision to implement low 

sulfur fuel oil provisions applies to the 

owner and/or operator of the following: 

(1) Refineries; (2) pipelines; (3) 

terminals; (4) retail outlet fuel storage 

facilities and ultimate consumers; (5) 

commercial and industrial facilities; and 

(6) facilities with a unit burning 

regulated fuel oil to produce electricity 

and domestic home heaters. The 

amendments to Chapter 121, section 

121.1—Definitions, add a new term 

‘‘ultimate consumer’’ and amend the 

definitions of the following terms to 

provide clarity and support the 

amendments to Chapter 123: (1) 

‘‘Commercial fuel oil;’’ (2) 

‘‘Noncommercial fuel;’’ (3) ‘‘Carrier;’’ (4) 

‘‘Distributor;’’ (5) ‘‘Retail outlet;’’ (6) 

‘‘Terminal;’’ (7) ‘‘Transferee;’’ and (8) 

‘‘Transferor.’’ The definitions for 

‘‘Commercial fuel oil’’ and 

‘‘Noncommercial fuel’’ are amended in 

order to synchronize them. The 

definition for ‘‘Carrier’’ is amended in 

order to expand the definition to apply 

to commercial fuel oil that is carried. 

The definition for ‘‘Distributor’’ is 

amended in order to establish 

applicability to commercial fuel oil that 

is distributed and to broaden the list of 

transferees. The definitions for ‘‘Retail 

outlet’’ and ‘‘Terminal’’ are amended in 

order to expand the definitions. The 

definitions for ‘‘Transferee’’ and 

‘‘Transferor’’ are amended in order to 

provide more specificity by listing 

examples of the persons and/or entities 

required to comply with the regulation. 

This SIP revision to Chapter 123, 

section 123.22—Combustion units, 

implements low sulfur fuel oil 

provisions that will reduce the amount 

of sulfur in fuel oils that are stored, 

offered for sale, delivered for use, sold 

or exchanged in trade for use in 

Pennsylvania. This SIP revision amends 

and adds two subsections to section 

123.22. The following amendments are 

made to section 123.22(a), which 

applies to nonair basin areas: (1) 

Editorial revisions to express the new 

maximum allowable sulfur contents 

both in parts per million (ppm) by 

weight and percentage by weight; (2) 

amendments to the existing percent 

sulfur limits to be expressed as 

maximum allowable percentage sulfur 

by weight, through June 20, 2016; (3) 

reductions to the maximum allowable 

sulfur content for commercial fuel oil, 

expressed as ppm by weight or 

percentage by weight, for number 2 and 

lighter distillate oil to 0.05 percent 

sulfur content by weight (500 ppm), 

number 4 residual oil to 0.25 percent 

sulfur content by weight, and 0.5 

percent sulfur content by weight for 

number 5 and number 6 and heavier 

commercial fuel oils by no later than 

July 1, 2016; (4) establish a provision 

that 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 on or after July 1, 2016; (5) 

establishment of two exceptions which 

allow commercial fuel oil stored by 

ultimate consumers prior to July 1, 2016 

to be used after that date as long as the 

applicable maximum sulfur content 

identified through June 30, 2016 were 

met and allow for temporary suspension 

or increase in the applicable maximum 

allowable sulfur content limits; and (6) 

amendments to the equivalency 

provision to provide greater clarity. 

Subsections (b), (c), (d), and (e) of 

section 123.22 are amended similarly to 

subsection (a); however, they establish 

applicability to specific areas. Section 

123.22(b) establishes applicability to air 

basins in Erie, Harrisburg, York, 

Lancaster, Scranton, and Wilkes-Barre. 

Section 123.22(c) establishes 

applicability to air basins in Allentown, 

Bethlehem, Easton, Reading, Upper 

Beaver Valley, and Johnstown. Section 

123.22(d) establishes applicability to air 

basins in Allegheny County, Lower 

Beaver Valley, and Monongahela Valley 

and adds maximum allowable sulfur 

content limits and the equivalency 

provision which never existed. Section 

123.22(e) establishes applicability to air 

basins in Southeast Pennsylvania which 

are defined in section 121.1. 

This SIP revision adds section 

123.22(f) in order to establish sampling 

and testing requirements for refinery 

and terminal owners and operators to 

ensure compliance with the maximum 

allowable sulfur content for commercial 

fuel oil intended for use or used on or 

after July 1, 2016. This SIP revision also 

adds section 123.22(g) in order to 

establish recordkeeping and reporting 

requirements applicable to transferors 

and transferees in the manufacture and 

distribution chain for commercial fuel 

oil from the refinery owner or operator 

to the ultimate consumer. 

This SIP revision amends Chapter 139 

in order to update provisions in section 

139.4 and section 139.16. The 

amendments to section 139.4— 

References update six of the applicable 

sulfur method references, add two new 

sulfur method references, and provide 

the address for requesting a temporary 

suspension or increase. Section 

139.16—Sulfur in fuel oil, is amended 

in order to add cross references to the 

two new sulfur method references in 

section 139.4. 

III. Proposed Action 

EPA has determined that the revisions 

made to 25 Pa. Code Chapters 121, 123, 

and 139 meet the SIP revision 

requirements of the CAA and is 

proposing to approve the amendments 

to Pennsylvania’s regulations for 

commercial fuel oil sulfur limits for 

combustion units. By reducing the 

sulfur in the fuel oils, sulfur oxide 

emissions and fine particulate emissions 

will be reduced which will improve 

visibility and help to attain the PM2.5

national ambient air quality standard. 

EPA believes these regulations 

strengthen the Pennsylvania SIP. EPA 

notes that existing provisions and the 

adoption of a low sulfur fuel oil strategy 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 9703 

will lead to SO2 emission reductions 

and provide additional emission 

reductions from Pennsylvania to 

achieve further reasonable progress 

towards reducing regional haze. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule to 

implement low sulfur fuel oil provisions 

that will reduce the amount of sulfur in 

fuel oils used in combustion units in 

Pennsylvania does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 7, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2014–03642 Filed 2–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 382 

[Docket No. FMCSA–2010–0031] 

RIN 2126–AB18 

Commercial Driver’s License Drug and 

Alcohol Clearinghouse 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: FMCSA proposes to establish 

the Commercial Driver’s License Drug 

and Alcohol Clearinghouse 

(Clearinghouse), a database under the 

Agency’s administration that will 

contain controlled substances (drug) 

and alcohol test result information for 

the holders of commercial driver’s 

licenses (CDLs). The proposed rule 

would require FMCSA-regulated motor 

carrier employers, Medical Review 

Officers (MROs), Substance Abuse 

Professionals (SAPs), and consortia/

third party administrators (C/TPAs) 

supporting U.S. Department of 

Transportation (DOT) testing programs 

to report verified positive, adulterated, 

and substituted drug test results, 

positive alcohol test results, test 

refusals, negative return-to-duty test 

results, and information on follow-up 

testing. The proposed rule would also 

require employers to report actual 

knowledge of traffic citations for driving 

a commercial motor vehicle (CMV) 

while under the influence (DUI) of 

alcohol or drugs. The proposed rule 

would establish the terms of access to 

the database, including the conditions 

under which information would be 

submitted, accessed, maintained, 

updated, removed, and released to 

prospective employers, current 

employers, and other authorized 

entities. Finally, it would require 

laboratories that provide FMCSAregulated motor carrier employers with 

DOT drug testing services to report, 

annual, summary information about 

their testing activities. This rule is 

mandated by Section 32402 of the 

Moving Ahead for Progress in the 21st 

Century Act. 

DATES: You must submit comments by 

April 21, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number FMCSA– 

2010–0031 or RIN 2126–AB18, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Juan Moya,, Office of Enforcement and 

Program Delivery, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001, by telephone at (202.366.4844, or 

via email at fmcsadrugandalcohol@

dot.gov.. FMCSA office hours are from 

9 a.m. to 5 p.m., ET, Monday through 

Friday, except Federal holidays. If you 

have questions on viewing or submitting 

material to the docket, contact Barbara 

Hairston, Acting Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 


tkelley on DSK3SPTVN1PROD with PROPOSALS