I 
112TH CONGRESS 
2D SESSION 
H. R. 6222 
To amend the Clean Air Act with respect to the sulfur fuel content of 
heating oil. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2012 
Ms. DELAURO (for herself and Mr. LARSON of Connecticut) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act with respect to the sulfur 
fuel content of heating oil. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Heating Oil Act 
of 2012’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Energy Information Administration es-
timates that 3.93 billion gallons of heating oil were 
consumed in the United States in 2010, representing 
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7.2 percent of total demand for distillate oil in the 
United States. 
(2) Currently, the sulfur content of heating oil 
is the only chemical difference between heating oil 
and highway diesel fuel. However, the State of New 
York will require the same sulfur content for heating 
oil as onroad and offroad diesel fuel beginning on 
July 1, 2012. 
(3) Since 2010, the Environmental Protection 
Agency has limited the sulfur content of highway 
and most nonroad diesel fuel to no more than 15 
parts per million. 
(4) The Northeast States for Coordinated Air 
Use Management estimates that heating oil rep-
resents 54 percent of total demand for heating oil 
and diesel fuel in the Northeast and is the second 
largest source of sulfur dioxide emissions. 
(5) The Energy Information Administration es-
timates that the United States exported 8.65 billion 
gallons of diesel fuel with a sulfur content of less 
than 15 parts per million in 2011. 
(6) The Environmental Protection Agency con-
cluded in a 2008 report that reducing sulfur dioxide 
exposure yields numerous health benefits. 
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(7) The Northeast States for Coordinated Air 
Use Management estimates that reducing the sulfur 
content in heating oil will eliminate 167,000 tons of 
sulfur dioxide emissions, and provide substantial 
benefits to the health and well-being of the people of 
the United States. 
(8) The Environmental Protection Agency has 
authority under section 111 of the Clean Air Act (42 
U.S.C. 7411) to limit the sulfur content of heating 
oil used in stationary sources. 
(9) The Brookhaven National Laboratory esti-
mates that reducing the sulfur content of heating oil 
will improve overall heating system efficiency and 
longevity, and save as much as $200 million per 
year in system maintenance costs. 
SEC. 3. SULFUR CONTENT OF HEATING OIL. 
(a) AMENDMENT.—Part A of title I of the Clean Air 
Act (42 U.S.C. 7401 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 132. SULFUR CONTENT OF HEATING OIL. 
‘‘(a) HEATING OIL DEFINED.—In this section, the 
term ‘heating oil’ means any number 1 distillate, number 
2 dyed distillate, or non-petroleum diesel blend that— 
‘‘(1) is sold for use in furnaces, boilers, sta-
tionary diesel engines, or similar applications; and 
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‘‘(2) is commonly or commercially known or 
sold as heating oil or fuel oil or using a similar trade 
name. 
‘‘(b) REQUIREMENT.— 
‘‘(1) IN GENERAL.—Effective June 1, 2016, no 
person shall manufacture, sell, supply, offer for sale 
or supply, dispense, transport, or introduce into 
commerce heating oil which contains a concentration 
of sulfur in excess of— 
‘‘(A) 15 parts per million; or 
‘‘(B) a lesser concentration established 
under subsection (c). 
‘‘(2) EARLY USE CREDITS.— 
‘‘(A) IN
GENERAL.—The Administrator 
may, by regulation, provide for the issuance of 
credits to refiners and importers for amounts of 
heating oil manufactured or imported before 
June 1, 2016, in accordance with the limitation 
described in paragraph (1). 
‘‘(B) USE; TRANSFER.—Any regulations 
promulgated under subparagraph (A) shall pro-
vide that a refiner or importer who is issued 
credits may use such credits, or transfer all or 
a portion of such credits to another refiner or 
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importer for use, for the purpose of complying 
with this subsection. 
‘‘(C) 
LIMITATION.—Any 
credit 
issued 
under this paragraph shall expire on June 1, 
2019, and may not be used to comply with this 
subsection on or after such date. 
‘‘(c) AUTHORITY TO REQUIRE LESSER CONCENTRA-
TION.— 
‘‘(1) AUTHORITY.—Subject to paragraph (2), 
the Administrator may by regulation reduce the con-
centration of sulfur in heating oil permissible under 
subsection (b) to the extent necessary to ensure that 
such concentration is not reasonably anticipated to 
endanger the public health or welfare. 
‘‘(2) LIMITATION.—Paragraph (1) does not au-
thorize the Administrator to reduce the concentra-
tion of sulfur in heating oil permissible under sub-
section (b) to any concentration lower than the con-
centration of sulfur in diesel fuel permissible under 
section 211. 
‘‘(d) WAIVER AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Administrator may 
temporarily waive the requirements of this section in 
whole or in part if, after consultation with, and con-
currence by, the Secretary of Energy, the Adminis-
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