Title 25—ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [ 25 PA. CODE CH. 123 ] Corrective Amendment to 25 Pa. Code § 123.22 [43 Pa.B. 2140]
[Saturday, April 20, 2013]The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 123.22 (relating to combustion units) and the official text as published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 150, May 1987), and as currently appearing in the Pennsylvania Code. The official text omitted the exponent ''6'' in the heading to the table in subsection (e)(5)(iii).
Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 123.22. The corrective amendment to 25 Pa. Code § 123.22 is effective May 9, 1987, the date the defective official text was announced in the Pennsylvania Bulletin.
The correct version of 25 Pa. Code § 123.22(e) appears in Annex A, with ellipses referring to the existing text of the regulations.
Annex A TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE III. AIR RESOURCES CHAPTER 123. STANDARDS FOR CONTAMINANTS SULFUR COMPOUND EMISSIONS § 123.22. Combustion units.
* * * * * (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 SO2, 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 tables:
Maximum Allowable % Sulfur by
Weight through June 30, 2016Grades of Commercial Fuel Oil Inner Zone Outer Zone No. 2 and lighter (viscosity less than or equal to 5.82cSt) 0.2 0.3 No. 4, No. 5, No. 6 and Heavier (viscosity greater than 5.82cSt) 0.5 1.0 Maximum Allowable Sulfur Content Beginning July 1, 2016,
Expressed as Parts per Million (ppm) by Weight or Percentage by Weight
Grades Commercial Fuel Oil (Consistent with ASTM D396) No. 2 and lighter oil 500 ppm (0.05%) No. 4 oil 2,500 ppm (0.25%) No. 5, No. 6 and heavier oil 5,000 ppm (0.5%) (ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to July 1, 2016, which met the applicable maximum allowable sulfur content for commercial fuel oil through June 30, 2016, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after July 1, 2016.
(iii) Beginning July 1, 2016, 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 SO2, 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 SO2 emission monitoring equipment is subject to the provisions of paragraph (1).
* * * * * [Pa.B. Doc. No. 13-703. Filed for public inspection April 19, 2013, 9:00 a.m.]
