Commercial Fuel Oil Sulfur Limit Requirements: PADEP to exercise enforcement discretion

Starting July 1, 2016, Pennsylvania Department of Environmental Protection (PADEP) will suspend enforcement of the 500 parts per million (ppm) sulfur fuel content requirement for No. 2 and lighter commercial fuel oil for certain distributors, retail outlets, and the ultimate consumer, until December 31, 2016. This limited suspension applies to No. 2 fuel oil and lighter commercial fuel oil only.

The regulatory compliance date, approved by EPA, for the low-sulfur fuel oil provisions is July 1, 2016. Beginning July 1, 2016, the maximum allowable sulfur contents, by weight, for commercial fuel oils are:

• 2 and lighter oil: 500 ppm
• 4 oil: 2,500 ppm
• 5, No. 6, and heavier oil: 5,000 ppm

Why is PADEP exercising the enforcement discretion? PADEP believes that due to the unusually warm winter of past year, inventories of commercial fuel oil exceeding 500 ppm are larger than anticipated. Therefore, PADEP has expressed that it will exercise enforcement discretion on a limited basis.

The discretionary enforcement suspension should not be interpreted as suspension of air quality plan approval, or operating permit conditions, or federal New Source Performance Standards (NSPS) requirements. Additionally, the enforcement discretion does not protect a facility from a legal challenge by someone given that it deviates from an EPA approved SIP.

Joshi Environmental, Inc. (JEI) recommends all facilities to exercise caution when taking delivery of the No. 2 and lighter commercial fuel oil from the vendors. At a minimum, a sulfur content certification letter should be obtained with each delivery.

If you have questions regarding Commercial Fuel Oil Sulfur Limit Requirements, contact Sam Joshi at (215) 389-2811.