(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
SO2, 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 in excess
of the applicable maximum allowable sulfur content set forth in the following
table:
Maximum Allowable Sulfur Content Expressed as
Parts per Million (ppm) by Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent
with ASTM D396)
|
Through August 31, 2020
|
Beginning September 1, 2020
|
No. 2 and lighter oil |
500 ppm (0.05%) |
15 ppm (0.0015%) |
No. 4 oil |
2,500 ppm (0.25%) |
2,500 ppm (0.25%) |
No. 5, No. 6 and heavier oil |
5,000 ppm (0.5%) |
5,000 ppm (0.5%) |
(ii) Commercial fuel oil that was stored in
this Commonwealth by the ultimate consumer prior to September 1, 2020, which
met the applicable maximum allowable sulfur content for commercial fuel oil
through August 31, 2020, in subparagraph (i) at the time it was stored, may be
used by the ultimate consumer in this Commonwealth on and after September 1,
2020.
(iii) 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 or increase 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 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 fossil fuel 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 106 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 (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 SO2, 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 table:
Maximum Allowable Sulfur Content Expressed as
Parts per Million (ppm) by Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent
with ASTM D396)
|
Through August 31, 2020
|
Beginning September 1, 2020
|
No. 2 and lighter oil |
500 ppm (0.05%) |
15 ppm (0.0015%) |
No. 4 oil |
2,500 ppm (0.25%) |
2,500 ppm (0.25%) |
No. 5, No. 6 and heavier oil |
5,000 ppm (0.5%) |
5,000 ppm (0.5%) |
(ii) Commercial fuel oil that was stored in
this Commonwealth by the ultimate consumer prior to September 1, 2020, which
met the applicable maximum allowable sulfur content for commercial fuel oil
through August 31, 2020, in subparagraph (i) at the time it was stored, may be
used by the ultimate consumer in this Commonwealth on and after September 1,
2020.
(iii) 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 or increase 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 fossil fuel 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:
Allowable Pounds
SO2 per 106 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 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
SO2, 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 table:
Maximum Allowable Sulfur Content Expressed as
Parts per Million (ppm) by Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent
with ASTM D396)
|
Through August 31, 2020
|
Beginning September 1, 2020
|
No. 2 and lighter oil |
500 ppm (0.05%) |
15 ppm (0.0015%) |
No. 4 oil |
2,500 ppm (0.25%) |
2,500 ppm (0.25%) |
No. 5, No. 6 and heavier oil |
5,000 ppm (0.5%) |
5,000 ppm (0.5%) |
(ii) Commercial fuel oil that was stored in
this Commonwealth by the ultimate consumer prior to September 1, 2020, which
met the applicable maximum allowable sulfur content for commercial fuel oil
through August 31, 2020, in subparagraph (i) at the time it was stored, may be
used by the ultimate consumer in this Commonwealth on and after September 1,
2020.
(iii) 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 or increase 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.
(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 106 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 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, and 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, 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 Expressed as
Parts per Million (ppm) by Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent
with ASTM D396)
|
Through August 31, 2020
|
Beginning September 1, 2020
|
No. 2 and lighter oil |
500 ppm (0.05%) |
15 ppm (0.0015%) |
No. 4 oil |
2,500 ppm (0.25%) |
2,500 ppm (0.25%) |
No. 5, No. 6 and heavier oil |
5,000 ppm (0.5%) |
5,000 ppm (0.5%) |
(ii) Commercial fuel oil that was stored in
this Commonwealth by the ultimate consumer prior to September 1, 2020, which
met the applicable maximum allowable sulfur content through August 31, 2020, at
the time it was stored, may be used by the ultimate consumer in this
Commonwealth on and after September 1, 2020.
(iii) 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 or increase 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).
(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 as provided 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
106 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
table:
Maximum Allowable Sulfur Content Expressed as
Parts per Million (ppm) by Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent
with ASTM D396)
|
Through August 31, 2020
|
Beginning September 1, 2020
|
NNo. 2 and lighter oil |
500 ppm (0.05%) |
15 ppm (0.0015%) |
No. 4 oil |
2,500 ppm (0.25%) |
2,500 ppm (0.25%) |
No. 5, No. 6 and heavier oil |
5,000 ppm (0.5%) |
5,000 ppm (0.5%) |
(ii) Commercial fuel oil that was stored in
this Commonwealth by the ultimate consumer prior to September 1, 2020, which
met the applicable maximum allowable sulfur content for commercial fuel oil
through August 31, 2020, in subparagraph (i) at the time it was stored, may be
used by the ultimate consumer in this Commonwealth on and after September 1,
2020.
(iii) 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 or increase 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
SO2, 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).
(5)
Solid fossil fuel
fired combustion units. Solid fossil 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.
(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
106 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
2 emission monitoring
equipment is 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) 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) 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 record required under subsection (g)(1) that enables the transferee to
determine if the sulfur content of the shipment of commercial 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, the transferor shall provide to the
transferee an electronic or paper record described in this 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 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:
(I)
Prior to September 1, 2020-"The sulfur content of this shipment is 500 ppm or
below."
(II) On and after September
1, 2020-"The sulfur content of this shipment is 15 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:
(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.