Je veux savoir à propos de…

8568

Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules TABLE 4SULFUR CONTENT OF GASEOUS FUELSContinued ppmvd as S

Fuel
jbell on DSKJLSW7X2PROD with PROPOSALS

Commercial Propane industry standard

Section 110l of the Clean Air Act provides that EPA shall not approve any implementation plan revision if it would interfere with any applicable requirements concerning attainment and reasonable progress, or any other applicable requirement of the CAA. As noted above, Env-A 1600 as a whole contains more stringent sulfur in fuel limits than the current SIP-approved rule Env-A 400. Even though Env-A
1600 does not contain limits for sulfur in gaseous fuels HD5 Propone and Commercial Propane, the lowering of the allowed sulfur in fuel content of the solid and liquid fuels will result in an overall reduction in the sulfur content of fuels. Therefore, EPA is proposing to find that the requirements of section 110l have been met.
The rule contains a provision whereby the State may, upon application, allow suppliers to defer compliance with sulfur content emission limits of the rule during fuel supply shortages, provided that compliance is not deferred for more than 90 days. Additional requests to defer compliance may be made if the supply shortage continues longer than 90 days. The regulation requires the supplier to: 1 Describe efforts made to obtain compliant fuel, 2 indicate how much compliant fuel the supplier has at the time of the request, and 3 provide an estimate of the duration of the shortage. The rule requires that the State confer with EPA upon receipt of a deferral request. In addition, the rule requires that the State notify EPA within 5 days of issuing an order deferring compliance.
In a letter dated November 20, 2020, NH DES provided additional information on the possible impact of granting a deferral request during a supply shortage.3 NH DES
conservatively estimated that the granting of a temporary statewide sulfur in fuel deferral would only increase the SO2 emissions by an average of 1.9 lb SO2 per square mile per day. NH DES
further clarifies that the adoption of the low sulfur in fuels limits is SIP
strengthening and considered one component of the States Regional Haze strategy. Based on modeling conducted 3 The NH DES letter dated November 20, 2020, signed by Craig A. Wright is included in the docket for this rulemaking.

VerDate Sep<11>2014

17:47 Feb 05, 2021

Jkt 253001

in support of regional haze plan development, a temporary deferral of the sulfur in fuel requirements would not cause significant degradation of visibility. Finally, NH DES highlighted the establishment of the Department of Energy Northeast Home Heating Oil Reserve NEHHOR, a one-million-barrel supply of ultra-low sulfur distillate which can be released should a disruption in supply occur.4
Since 1 the supplier must demonstrate that certain conditions are met, 2 the deferral of the emission limits may not be permanent or openended, 3 such deferral requires notification to EPA, 4 such a temporarily deferral will not result in a significant increase in SO2 emissions or visibility impairment, and 5 the unlikelihood of such a request due to the NEHHOR, we propose to find the provision approvable.
IV. Proposed Action EPA is proposing to approve Env-A
1600, Fuel Specifications, which was submitted to EPA by New Hampshire on March 11, 2019. In addition, EPA is proposing to remove previously SIP
approved Env-400, Sulfur Content of Fuels, which has been superseded by Env-A 1600 as a matter of state law. EPA
is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register.
V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference New Hampshires regulation Env-A
1600 Fuel Specifications as discussed in section III. The EPA has made, and will continue to make, these documents generally available through https
4 https www.energy.gov/fe/services/petroleumresrves/heating-oil-reserves as visited on July 8, 2020.

PO 00000

Frm 00009

Fmt 4702

Sfmt 4702

gr/100 scf as H2S
254

gr/100 scf as S
15

15

www.regulations.gov and at the EPA
Region 1 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information. EPA is also proposing to remove provisions of Env-A 400 Sulfur Content Limit in Fuels, approved August 14, 1992 57 FR
36603 from the New Hampshire State Implementation Plan, which is incorporated by reference in accordance with the requirements of 1 CFR part 51.
VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or
E:FRFM08FEP1.SGM

08FEP1