Regulation Lowering Sulfur Standard For Heating Oil From 500 To 15 ppm Now Final; Enforcement Suspended Until Feb. 28

The final Environmental Quality Board regulation reducing the sulfur content of heating oil from 500 ppm to 15 ppm was published as final in the July 25 PA Bulletin.

Lowering the standard brings Pennsylvania in line with surrounding states which have already adopted the standard and is expected to reduce sulfur emissions by 4,000 tons per year.

With a reduced sulfur content and the use of bio-heating oil and today’s efficient heating oil furnaces, the emissions from heating oil equal those of natural gas, in terms of home heating.

The regulation will become effective September 1, 2020.

Click Here for the final regulation.

Limited Suspension

At the same time the regulation was published with a September 1 effective date, DEP published another notice in the July 25 PA Bulletin saying it would be suspending enforcement of the 15 ppm standard from September 1, 2020 to February 28, 2021.

The suspension is designed to provide for a transition from existing heating oil stocks to heating oil meeting 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.

Questions about the suspension should be directed to Susan Foster, DEP Bureau of Air Quality at 717-772-3369 or send an email to: sufoster@pa.gov.

[Posted: July 24, 2020]  PA Environment Digest