Title 7 Natural Resources and Environmental Control
1100 Air Quality Management Section
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air Quality
Air Quality Management Section
1108 Sulfur Dioxide Emissions from Fuel Burning Equipment
07/11/2013
1.0 General Provisions
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 This regulation shall not apply to fuels used in fluid coking operations or fluid catalytic cracking catalyst regeneration operations.
1.3 This regulation shall not apply to fuels used by watercraft.
17 DE Reg. 79 (07/01/13)
07/11/2013
2.0 Limit on Sulfur Content of Fuel
2.1 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 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 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 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.
17 DE Reg. 79 (07/01/13)
07/11/2013
3.0 Emission Control in Lieu of Sulfur Content Limits of 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.
17 DE Reg. 79 (07/01/13)
07/11/2013
4.0 Sampling and Testing Methods and Requirements
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.
17 DE Reg. 79 (07/01/13)
07/11/2013
5.0 Recordkeeping and Reporting
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.
12 DE Reg. 347 (09/01/08)
17 DE Reg. 79 (07/01/13)
