Section 20-801. SULFUR CONTENT OF FUEL OILS

 

801.1 The purchase, sale, offer for sale, storage, transport, or use of fuel oil that contains more than one percent (1%) sulfur by weight in the District is prohibited, if the fuel oil is to be burned in the District.

 

801.2 On and after July 1, 2016, commercial fuel oil that is purchased, sold, offered, stored, transported, or used in the District shall meet the following requirements, unless otherwise specified in § 801.5:

 

(a) Number two (No. 2) commercial fuel oil shall not contain sulfur in excess of five hundred parts per million (500 ppm) by weight, or five one-hundredths percent (0.05%) by weight;

 

(b) Number four (No. 4) commercial fuel oil shall not contain sulfur in excess of two thousand five hundred parts per million (2,500 ppm) by weight, or twenty-five one-hundredths percent (0.25%) by weight; and

 

(c) Number five (No. 5) and heavier fuel oils are prohibited.

 

801.3 On and after July 1, 2018, the purchase, sale, offer for sale, storage, transport, or use of number two (No. 2) commercial fuel oil is prohibited if it contains more than fifteen parts per million (15 ppm) or fifteen ten-thousandths percent (0.0015%) by weight of sulfur, unless otherwise specified in § 801.5.

 

801.4Fuel oil that was stored in the District by the ultimate consumer prior to the applicable compliance date in §§ 801.2 or 801.3, which met the applicable maximum sulfur content at the time it was stored, may be used in the District after the applicable compliance date.

 

801.5When the United States Environmental Protection Agency (EPA) temporarily suspends or increases the applicable limit or percentage by weight of sulfur content of fuel required or regulated by EPA by granting a waiver in accordance with Clean Air Act § 211(c)(4)(C) provisions, the federal waiver shall apply to corresponding limits for fuel oil in the District as set forth in §§ 801.2 or 801.3.

 

801.6If a temporary increase in the applicable limit of sulfur content is granted under § 801.5:

 

(a) The suspension or increase in the applicable limit will be granted for the duration determined by EPA; and

 

(b)  The sulfur content for number two (No. 2) and lighter fuel oils may not exceed five hundred parts per million (500 ppm) by weight.

 

801.7 Unless precluded by the Clean Air Act or the regulations thereunder, subsections 801.2 and 801.3 shall not apply to:

 

(a) A person who uses equipment or a process to reduce the sulfur emissions from the burning of a fuel oil, provided that the emissions may not exceed those that would result from the use of commercial fuel oil that meets the applicable limit or percentage by weight specified in §§ 801.2 or 801.3; 

 

(b) The owner or operator of a stationary source where equipment or a process is used to reduce the sulfur emissions from the burning of a fuel oil, provided that the emissions may not exceed those that would result from the use of commercial fuel oil that meets the applicable limit or percentage by weight specified in §§ 801.2 or 801.3; and

 

(c) Commercial fuel oil that is transported through the District but is not intended for purchase, sale, offering, storage, or use in the District.

 

801.8 For the purpose of determining compliance with the requirements of this section, the sulfur content of fuel oil shall be determined in accordance with the sample collection, test methods, and procedures specified under § 502.6 (relating to sulfur in fuel oil).

 

801.9The following recordkeeping and reporting requirements shall apply to any purchase, sale, offering for sale, storage, transportation, or use of commercial fuel oil in the District:

 

(a) On or after the applicable compliance dates specified in §§ 801.2 and 801.3, at the time of delivery, the transferor of commercial fuel oil shall provide to the transferee an electronic or paper record of the fuel data described as follows, which must legibly and conspicuously contain the following information:

 

 (1) The date of delivery; 

 

 (2)  The name, address, and telephone number of the transferor;

 

 (3)  The name and address of the transferee;

 

 (4)  The volume of fuel oil being sold or transferred;

 

 (5)  The fuel oil grade; and

 

(6) The sulfur content of the fuel oil as determined using the sampling and testing methods specified in § 801.8, which may be expressed as the maximum allowable sulfur content.

 

(b) All applicable records required under paragraph (a) shall be maintained in electronic or paper format for not less than three (3) years;

 

(c)An electronic or paper copy of the applicable records required under paragraph (a) shall be provided to the Department upon request;

 

(d) The ultimate consumer shall maintain the applicable records required under (a) in electronic or paper format for not less than three (3) years, unless the transfer or use of the fuel oil occurs at a private residence;

 

(e)  A product transfer document that meets federal requirements, such as a Bill of Lading, may be used for the data in paragraphs (a)(1) through (a)(6) and shall be considered a certification that the information is accurate; and

 

(f) The Department may opt to require supplemental sampling and testing of the fuel oil to confirm the certifications.

 

 

authority

Sections 5 and 6 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985, as amended (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06 (2013 Repl.)); Sections 107(4) and 110 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.07(4) and 8-151.10 (2013 Repl.)); Mayor’s Order 2006-61, dated June 14, 2006; and Mayor’s Order 2015-191, dated July 23, 2015

source

Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; § 502, 32 DCR 565, 603 (February 1, 1985)); as amended by Final Rulemaking published at 62 DCR 14839 (November 13, 2015).