DEPARTMENT OF natural resources and environmental control

Division of Air Quality

proposed

1108 Sulfur Dioxide Emissions From Fuel Burning Equipment

REGISTER NOTICE

SAN #2012-06

1. TITLE OF THE REGULATIONS:

Revision to 7 DE Admin. Code 1108 “Sulfur Dioxide Emissions from Fuel Burning Equipment.”

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

The Division of Air Quality (DAQ) of the Department is proposing to revise Delaware 7 DE Admin. Code 1108 to lower the allowable content of sulfur in fuels combusted in Delaware, and to effectively reduce the emissions of sulfur dioxide (SO2) into the atmosphere, which will aid in the attainment and maintenance of Delaware’s air quality relative to the SO2 and fine particulate matter National Ambient Air Quality Standards (NAAQS). The reduction will also reduce acid rain, and will aid in reaching visibility goals of the federal regional haze program.

In brief, DAQ proposes to lower sulfur content in residual fuel from 10,000 ppm to 5,000 ppm, in distillate fuel from 3,000 ppm to 15 ppm, and to set up a compliance date of July 1, 2016. DAQ also proposes to add necessary recordkeeping and reporting requirements to ensure compliance of the regulation. DAQ proposes that the new limits apply to all three counties in Delaware.

In addition, the Department will submit the revision of 7 DE Admin Code 1108, after being finalized, to the U.S. Environmental Protection Agency (EPA) as a revision to Delaware’s state implementation plan (SIP).

3. POSSIBLE TERMS OF THE AGENCY ACTION:

None.

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

7 Del.C., Chapter 60, Environmental Control

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

None

6. NOTICE OF PUBLIC COMMENT:

A public hearing will be held on April 24, 2013, beginning at 6:00 pm, in the conference room (Room 220) of Kent County Complex, 555 South Bay Road, Dover, Delaware 19901.

7. PREPARED BY:

Frank F. Gao Phone: (302) 323-4542 Date: March 13, 2013 E-Mail: Frank.Gao@state.de.us

1108 Sulfur Dioxide Emissions from Fuel Burning Equipment

12/08/1983 xx/xx/2013

1.1 The emission of sulfur dioxide (SO2) from fuel burning equipment shall be controlled to a limit that shall meet the ambient air quality requirements.

1.2 The provisions of this regulation shall not apply to the start-up and shutdown of equipment which operates continuously or in an extended steady state when emissions from such equipment during start-up and shutdown are governed by an operation permit issued pursuant to the provisions of 2.0 of 7 DE Admin. Code 1102.

1.32 This regulation shall not apply to fuels used in fluid coking, fluid catalytic cracking or catalyst regeneration.

1.43 This regulation shall not apply to fuels used by watercraft.

05/09/1985 xx/xx/2013

2.1 Except as provided in 2.2 of this regulation Prior to July 1, 2016, no person shall offer for sale, sell, deliver, or purchase any fuel having a sulfur content greater than 1.0% by weight when such fuel is intended for use in any fuel burning equipment in New Castle County. No person shall use any fuel having a sulfur content greater than 1.0% by weight in any fuel burning equipment in New Castle County.

2.2 No Prior to July 1, 2016, no person shall offer for sale, sell, deliver or purchase, or use in any fuel burning equipment, distillate fuel oil having a sulfur content greater than 0.3% by weight.

2.3 Oil Sampling Method - Oil samples shall be obtained using proper American Society for Testing and Materials (ASTM) methods or alternative methods approved by the Department. On and after July 1, 2016, no person shall offer for sale, sell, deliver, or purchase any fuel having a sulfur content greater than the limits specified in 2.3.1 through 2.3.3 of this regulation, when such fuel is intended for use in any fuel burning equipment in Delaware, and no person shall use any fuel having a sulfur content greater than the limits specified in 2.3.1 through 2.3.3 of this regulation in any fuel burning equipment in Delaware.

2.3.1 For a distillate fuel, except as provided for in 2.4 of this regulation, 15 ppm by weight;

2.3.2 For a residual fuel, 0.5% by weight;

2.3.3 For any other fuel, 1.0% by weight.

2.4 Sulfur concentrations of residual and distillate fuels shall be determined by the x-ray absorption or the Parr oxygen bomb technique. Transition Period for Distillate Fuel. Fuel having a sulfur content that meets the limit as specified in 2.2 of this regulation but is greater than the limit specified in 2.3.1 of this regulation may be offered for sale, sold, delivered, purchased, and used in Delaware on and after July 1, 2016 only as specified in 2.4.1 and 2.4.2 of this regulation.

2.4.1 Distillate fuel stored within Delaware prior to July 1, 2016 may be offered for sale, sold, purchased, or delivered for use in any fuel burning equipment in Delaware through June 30, 2017, provided records are kept for a period of two (2) years which document and certify the fuel was stored within Delaware prior to July 1, 2016.

2.4.2 Distillate fuel that meets the requirements of 2.4.1 of this regulation that is purchased and received for use on or before June 30, 2017 may be used in any fuel burning equipment in Delaware after June 30, 2017.

05/09/1985 xx/xx/2013

The limits on sulfur content established by 2.0 of this regulation shall not apply to any fuel burning equipment employing emission control which limits sulfur dioxide emission to that which would result from burning, without emission control, a fuel permitted by 2.0 of this regulation. Any fuel burning equipment employing emission controls of SO2, being covered by a permit issued pursuant to 7 DE Admin. Code 1102, which limits SO2 emissions to less than that which would result from burning, without emission control, a fuel meeting the corresponding sulfur content limit in 2.0 of this regulation, may use fuel with a sulfur content greater than the corresponding limit in 2.0 of this regulation. In order to employ an emission control rather than sulfur content limits as a means of complying with this Regulation, an owner or operator of fuel burning equipment must demonstrate to the Department in advance that the equivalent emission will be achieved.

xx/xx/2013

4.1 Oil samples shall be obtained using standard American Society for Testing and Materials (ASTM) methods ASTM D4057-06 “Practice for Manual Sampling of Petroleum and Petroleum Products,” or any alternative method approved by the Department and the U.S. Environmental Protection Agency (EPA).

4.2 Sulfur concentrations of residual fuels and distillate fuels shall be determined by the following method:

4.2.1 The standard ASTM method D2622-10 “Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry,” or

4.2.2 Any alternative method specified in Title 40, Code of Federal Regulations, Part 80, Section 580 (July 2012 edition), or

4.2.3 Any alternative method approved by the Department and the EPA.

4.3 Any refinery subject to 2.0 of this regulation shall sample and determine the actual sulfur content of each batch of fuel oil they produce that is subject to 2.0 of this regulation, using the sampling and testing methods specified in 4.1 and 4.2 of this regulation.

4.4 Any person subject to 2.0 of this regulation that sells or delivers a batch or shipment of fuel oil that was blended, or came in contact, with any fuel oil or fuel additive that is not established as compliant with the requirements of 2.0 of this regulation based on sampling and testing using the methods specified in 4.1 and 4.2, or based on records received from the transferor pursuant to 5.1 of this regulation, shall sample and determine the actual sulfur content of that batch or shipment using the sampling and testing methods specified in 4.1 and 4.2 of this regulation.

4.5 Any person subject to 2.0 of the regulation that is not covered under 4.3 or 4.4 of this regulation shall, for each batch or shipment of fuel oil they sell or deliver:

4.5.1 Establish the sulfur content based on records they received from the transferor pursuant to 5.1 of this regulation, or

4.5.2 Sample and determine the actual sulfur content using the sampling and testing methods specified in 4.1 and 4.2 of this regulation.

xx/xx/2013

5.1 Three (3) months after this revision of this regulation becomes effective, any person subject to 2.0 of this regulation, when selling or delivering any fuel oil to be used in Delaware (i.e., the transferor), shall provide to the person receiving the fuel oil (i.e., the transferee) an electronic or paper record that contains the following information:

5.1.1 Name, address and telephone number of the transferor.

5.1.2 Name, address and telephone number of the transferee, and the address where the fuel oil is delivered.

5.1.3 The volume of fuel being sold or delivered, and the date of sale or delivery.

5.1.4 The type of fuel, and the sulfur content of the fuel as a delivered product, determined pursuant to 4.3, 4.4, or 4.5 of this regulation, as applicable, and expressed as one of the following:

5.1.4.1 The actual sulfur content in ppm or percent (%) by weight, or

5.1.4.2 A statement that certifies the sulfur content of the shipment is equal to or below the applicable limit specified in 2.0 of this regulation, or

5.1.4.3 Except for a sale or delivery to an ultimate consumer, a product code or product description that identifies the sulfur content of the shipment as equal to or below the applicable limit specified in 2.0 of this regulation, provided such code or description is standardized throughout the distribution system in which it is used, and each downstream party is given sufficient information to know its full meaning.

5.2 Any person subject to 5.1 and 4.3, 4.4, or 4.5 of this regulation shall maintain records, for a minimum period of two (2) years from the date the records were generated, in electronic or paper format, that document the determination or establishment of the actual sulfur content of each batch or shipment of fuel oil.

5.3 Any person complying with 5.1.4.3 of this regulation shall maintain records, for a minimum period of two (2) years from the date the records were generated, in electronic or paper format, that document and explain the product code or product descriptions used.

5.4 For any transferee subject to requirements of a permit issued pursuant to 7 DE Admin. Code 1102, the records established pursuant to 5.1 of this regulation shall be maintained by the transferee for a minimum period of two (2) years from the date the record was generated.

5.5 The records as established pursuant to 5.2, 5.3, and 5.4 of this regulation shall be provided to the Department, upon written request by the Department, within thirty (30) days after such request is received.