On September 25, 2010 the PA Department of Environmental Protection submitted a proposed revision to the Environmental Quality Board to amend the current regulations on “Commercial Fuel Oil Sulfur Limits for Combustion Units”. The current regulations are found in 25 PA Code Chapters 121, 123, and 139. There are existing restrictions on sulfur content in commercial fuel oil used in combustion units which are based on where the fuel is consumed within Pennsylvania and are also based on the fuel grade. The proposed rule seeks to replace the area-specific restrictions with a statewide limit and also to lower the allowable sulfur content in various commercial fuel grades. Additional proposed requirements are included which are specific to the fuel producers. The proposed compliance date is May 1, 2012.
Many small businesses will be impacted by this proposed rule; however, the impact will mostly affect the refineries that produce the fuels and the distributors. Costs associated with producing lower sulfur content fuels will be incurred by the refineries, it is not known if the fuel costs to the consumer will increase as a result of this rule becoming final. Refineries and distributors will be required to provide detailed records that include the sulfur content to the consumers. Small business consumers will need to keep these records and ensure that the fuel they receive is compliant to the revised standards.
The entire proposal can be found at this link: http://www.pabulletin.com/secure/data/vol40/40-39/1834.html. A public comment period is currently open through November 29, 2010. Once the rule becomes finalized, the DEP will provide additional guidance to the regulated community on how to comply with the rule.