15 PPM Sulfur Standard For Heating Oil Now Final
The final Environmental Quality Board regulation reducing the sulfur content of heating oil from 500 ppm to 15 ppm will be published as final in the July 25 PA Bulletin. This completes the final step in the regulatory process.
Click Here for the final regulation. The regulation is effective September 1, 2020.
PPA would like to thank all of our members who have assisted in this ongoing effort. Industry support was acknowledged as a part of the DEP approval process which included multiple written and verbal testimony from PPA members during the 2019 public comment period.
Limited Suspension Of Enforcement
In the last 6 months, the PPA has received multiple inquiries from membership regarding September 1 compliance concerns due to the warm winter of 2019 – 2020, COVID-19, and an increased opportunity for product storage. The PPA has since worked with DEP to express the need for an enforcement waiver.
DEP took these concerns seriously and will also be publishing a another notice in the July 25 PA Bulletin to suspend enforcement of the 15 ppm standard from September 1, 2020 to February 28, 2021. A copy of this enforcement notice can be found here.
The suspension is designed to provide for a transition from existing heating oil inventories to allow heating oil dealers to meet the new standard.
DEP said the suspension applies to the transfer and use of No. 2 and lighter commercial fuel oil stored by the distributor or retail outlet in this Commonwealth as of July 25, 2020, that exceeds 15 ppm sulfur fuel content but that does not exceed the current regulatory limit of 0.05% sulfur by weight (500 ppm).
This suspension of enforcement does not cover No. 2 and lighter commercial fuel oil received by the distributor or retail outlet after July 25, 2020. This suspension does not cover distributors of commercial fuel oil by pipeline or supersede conditions in any air quality plan approval or operating permit.
A distributor or retail outlet covered by this limited suspension of enforcement must maintain adequate records onsite to document the quantity of No. 2 and lighter commercial fuel oil stored by the distributor or retail outlet in this Commonwealth on July 25, 2020, that exceeds 15 ppm sulfur content. The records shall be made available to the Department upon request.
This suspension also applies to No. 2 and lighter commercial fuel oil received by the ”ultimate consumer” as defined in 25 Pa.?Code §?121.1, on or before February 28, 2021.