5732814 Energy and Environment, Department of - Notice of Final Rulemaking - Revision of the Sulfur Content Requirements for Fuel Oil
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DEPARTMENT OF ENERGY & ENVIRONMENT
NOTICE OF FINAL RULEMAKING
Revision of the Sulfur Content Requirements for Fuel Oil
The Director of the Department of Energy & Environment (DOEE or Department), pursuant to the authority set forth in 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, is adopting the following amendments to Chapters 1 (Air Quality-General Rules), 5 (Air Quality-Source Monitoring and Testing), and 8 (Air Quality-Asbestos, Sulfur, Nitrogen Oxides, and Lead) of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR).
The primary purpose of this rulemaking is to amend 20 DCMR § 801 to reduce the permissible sulfur content of commercially available “home heating” fuel oils used in oil-burning combustion units in the District, and to specify record-keeping and reporting requirements. This rulemaking also bans the use of No. 5 and heavier fuel oils, as there are no known users of these higher-polluting fuels in the District at this time. Finally, the District is adding one definition and amending one definition in 20 DCMR § 199, and is amending 20 DCMR § 502.6 related to fuel oil testing requirements.
The proposed regulations were first published in the D.C. Register on June 20, 2014 at 61 DCR 006214, followed by a Notice of a Public Hearing posted in the D.C. Register on June 27, 2014 at 61 DCR 006384. This Notice of Final Rulemaking follows the Notice of Second Proposed Rulemaking published on July 3, 2015, at 62 DCR 9314, and includes non-substantial revisions that clarify the original intent of the rules, and, in response to comments submitted by the public, reduce the administrative burden of the rules by allowing a product transfer document that meets federal requirements (such as a bill of lading) to meet the datum requirements related to fuel sulfur content and fuel grade.
These rules were adopted as final on October 16, 2015, and will become effective upon publication of this notice in the D.C. Register.
Chapter 1, AIR QUALITY - GENERAL RULES, of Title 20 DCMR, ENVIRONMENT, is amended as follows:
Section 199, DEFINITIONS AND ABBREVIATIONS, is amended as follows:
Section 199 is amended to add the following definition:
ASTM – ASTM International, formally known as the American Society for Testing and Materials, develops international voluntary consensus standards that can be purchased at: http://www.astm.org/
The definition of Distillate oil in Section 199 is amended to read as follows:
Distillate oil – any oil that meets the specifications of the American Society for Testing and Materials (ASTM) for number one (No. 1) and number two (No. 2) grades of fuel oil found in ASTM D 396, “Standard Specifications for Fuel Oil.”
Chapter 5, AIR QUALITY - SOURCE MONITORING AND TESTING, of Title 20 DCMR, ENVIRONMENT, is amended as follows:
Section 502, SAMPLING, TESTS, AND MEASUREMENTS, is amended as follows:
Subsection 502.6 is amended to read as follows:
502.6 Testing of fuel oil shall be undertaken in accordance with the most current version of the following methods, as appropriate for the application:
(a) To obtain fuel samples:
(1) ASTM D 270, “Standard Method of Sampling Petroleum and Petroleum Products;”
(2) ASTM D 4057, “Practice for Manual Sampling of Petroleum and Petroleum Products;” or
(3) ASTM D 4177, “Standard Practice for Automatic Sampling of Petroleum and Petroleum Products;”
(b) To determine the fuel oil grade: ASTM D 396, “Standard Specification for
Fuel Oils;”
(c) To determine the sulfur concentration of fuels:
(1) ASTM D 129, “Standard Test Method for Sulfur in Petroleum Products (General Bomb Method);”
(2) ASTM D 1266, “Standard Test Method for Sulfur in Petroleum Products (Lamp Method);”
(3) ASTM D 1552, “Standard Test Method for Sulfur in Petroleum Products (High-Temperature Method”;
(4) ASTM D 2622, “Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry;”
(5) ASTM D 4294, “Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry;” or
(6) ASTM D 5453, “Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence;” and
(d) Other methods developed or approved by the Department or the Administrator of the United States Environmental Protection Agency (EPA).
Chapter 8, AIR QUALITY - ASBESTOS, SULFUR, NITROGEN OXIDES, AND LEAD, of Title 20 DCMR, ENVIRONMENT, is amended as follows:
Section 801, SULFUR CONTENT OF FUEL OILS, is amended as follows:
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.
801.4 Fuel 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.
801.5 When 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.
801.6 If 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).
801.9 The 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.
Section 899, DEFINITIONS AND ABBREVIATIONS, is amended as follows:
Section 899 is amended to add the following definitions:
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 fuel burning equipment. A mixture of commercial fuel oil with noncommercial fuel where greater than fifty percent (50%) of the heat content is derived from the commercial fuel oil portion is considered a commercial fuel oil.
Distributor – A person who transports, stores or causes the transportation or storage of commercial fuel oil or gasoline at any point between a refinery, a blending facility or terminal and a retail outlet, wholesale purchaser-consumer's facility or ultimate consumer. 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 that is not specifically produced and manufactured for sale. A mixture of a noncommercial fuel and a commercial fuel oil when at least fifty percent (50%) of the heat content is derived from the noncommercial fuel portion is considered a noncommercial fuel.
Retail outlet – An establishment where 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 – A facility that is capable of receiving commercial fuel oil or gasoline in bulk, that is, by pipeline, barge, ship or other transport, and where commercial fuel oil or gasoline is sold or transferred into trucks for transportation to retail outlets, wholesale purchaser-consumer’s facilities, or ultimate consumers. The term includes bulk gasoline terminals and bulk gasoline plants.
Transferee – A person who is the recipient of a sale or transfer. The term includes the following:
(a) Terminal owner or operator;
(b) Carrier;
(c) Distributor;
(d) Retail outlet owner or operator; and
(e) Ultimate consumer.
Transferor – A person who initiates a sale or transfer. The term includes the following:
(a) Refinery owner or operator;
(b) Terminal owner or operator;
(c) Carrier;
(d) Distributor; and
(e) Retail outlet owner or operator.
Ultimate consumer – With respect to a commercial fuel oil transfer or purchase, the last person, facility owner or operator or entity who in good faith receives the commercial fuel oil for the purpose of using it in a combustion unit or for purposes other than resale.
