§ 3-207. Sale of Fuel Oil.
(1) Commercial Fuel Oil. 11
(a) No person may use or burn No. 2 or lighter grade of commercial fuel oil (SSU Viscosity at 100º F ≤ 45) containing sulfur by weight in excess of .0015% (15 ppm). No person, including any fuel merchant, may deliver, exchange in trade, or sell No. 2 or lighter grade of commercial fuel oil containing sulfur by weight in excess of .0015% (15 ppm) to be burned or used in Philadelphia.
(b) No person may use or burn No. 4 or heavier grade of commercial fuel oil (SSU Viscosity at 100º F > 45). No person, including any fuel merchant, may deliver, exchange in trade, or sell No. 4 or heavier grade of commercial fuel oil to be burned or used in Philadelphia.
(c) Notwithstanding the requirements of subsections (a) and (b) above, No. 2 grade commercial fuel oil (SSU Viscosity at 100º F ≤ 45) that was stored by the ultimate consumer at its Facility prior to July 1, 2015, and that has a sulfur content by weight not in excess of .2000% (2,000 ppm); No. 4 grade commercial fuel oil (SSU Viscosity at 100º F > 45, but < 145) that was stored by the ultimate consumer at its Facility prior to April 1, 2020, and that has a sulfur content by weight not in excess of .2500% (2,500 ppm); and No. 5 grade or heavier commercial fuel oil (SSU Viscosity at 100º F ≥ 145) that was stored by the ultimate consumer at its Facility prior to April 1, 2020, and that has a sulfur content by weight not in excess of .5000% (5,000 ppm), may be used by the ultimate consumer at its Facility, provided that all of the following shall apply:
(.1) Any such ultimate consumer demonstrates to the Department, by means of written records (including but not limited to documentation from fuel suppliers), that any No. 2 grade commercial fuel oil delivered to the Facility after April 1, 2015 met the sulfur content standard set forth at subsection (a), above, and that no No. 4 grade or heavier commercial fuel oil has been delivered to the Facility after March 31, 2020, which records shall be maintained for as long as the user relies on this exemption;
(.2) Any such fuel oil may only be used at the Facility where such fuel oil was delivered and stored on or before June 30, 2015 (for No. 2 grade commercial fuel oil) or March 31, 2020 (for No. 4 or heavier grade commercial fuel oil); and
(.3) Any such fuel oil shall be consumed, brought into compliance, or otherwise eliminated from use no later than July 1, 2020 (for No. 2 grade commercial fuel oil) and no later than July 1, 2024 (for No. 4 or heavier grade commercial fuel oil).
(d) Notwithstanding subsections (b) and (c) above, any public utility, as defined by Section 102 of the Pennsylvania Public Utility Code, 66 Pa. C.S. § 102, and certificated by the Pennsylvania Public Utility Commission pursuant to 66 Pa. C.S. §§ 1101 et seq., authorizing it to offer, render, furnish, or supply steam to or for the public for compensation, shall be permitted to take delivery to a Facility owned by such public utility (and a vendor shall be permitted to sell or deliver), for use only at a Facility owned by the same public utility, of No. 4 or heavier grade of commercial fuel oil (SSU viscosity at 100° F > 45) through December 31, 2022.
(e) (.1) Notwithstanding subsection (c)(.3), above, the Department shall have the authority to extend the exemption provided for in subsection (c) on a case-by-case basis through December 31, 2025 (for No. 2 grade commercial fuel oil) and through December 31, 2029 (for No. 4 or heavier grade commercial fuel oil), or such later time as the Department deems appropriate. The Department shall grant or deny an extension request within sixty (60) days and shall base any decision on such a request on the following factors:
(.a) The quantity and sulfur content of such fuel oil at the time of the request for the extension;
(.b) The quantity and sulfur content of such stored fuel as of July 1, 2015, unless the user demonstrates to the satisfaction of the department that the user could not reasonably obtain such information;
(.c) The expected impact to the public health and the environment of granting or denying the extension;
(.d) The economic impact to the user of granting or denying the extension (excluding the incremental cost of new fuel meeting the standard set forth in this Section 3-207); and
(.e) Such other information as may be relevant.
(.2) The Department's decision to deny an extension shall be reviewed in the same manner as any order, requirement, decision or determination rendered pursuant to the air pollution control program established pursuant to Section 3-401, including the denial or revocation of any license or permit.
(.3) In addition to its authority under subsection 3-207(1)(e)(.1), the Department may establish by regulation standards for continued use of fuel oil subject to the exemption in subsection 3-207(1)(c) after June 30, 2015.
(f) The exemption in subsection 3-207(1)(c) shall not apply to fuel oil merchants or distributors.
(g) The reselling of fuel oil subject to the exemption in subsection 3-207(1)(c) for use in the City shall be prohibited.
(h) Notwithstanding the requirements of subsection (b) above, No. 4 or heavier grade of commercial fuel oil (SSU Viscosity at 100º F > 45) may be produced and stored in Philadelphia so long it is not burned or used in Philadelphia. The sale of No. 4 or heavier grade of commercial fuel oil (SSU Viscosity at 100º F > 45) for use outside of Philadelphia is allowed.
(2) Non-Commercial Fuel.
(a) No person shall cause, suffer, allow or permit sulfur dioxide, caused by the combustion of non- commercial fuel or the combustion of non-commercial and commercial fuel mixtures, to be discharged from any stack or chimney into the outdoor atmosphere in excess of the following limits, expressed as ppm by volume adjusted to twelve percent (12%) carbon dioxide by volume, or equivalent method approved by the Department:
Annual average. . . . . 250 ppm
Maximum monthly average. . . . . 310 ppm 12
(b) Where a single manufacturing facility contains multiple stacks or chimneys for discharge of flue gases from burning non-commercial fuels or non-commercial and commercial fuel mixtures, the emissions from any single stack may exceed the SO2 concentration limits given in (2)(a) provided that it can be satisfactorily demonstrated to the Department that:
(.1) The emission rate of sulfur dioxide from non-commercial fuel combustion on a total weight basis for the facility will not exceed that allowed by (2)(a); and
(.2) The ground level concentrations of sulfur dioxide at any point in the neighborhood, area, or region caused by the combustion of all non- commercial fuel at the facility shall not exceed those concentrations that would result from compliance with (2)(a); and
(.3) The concentration of SO2 emitted from any such stack does not exceed any limit imposed by regulations of the State of Pennsylvania or the U.S. Environmental Protection Agency; and
(.4) Compliance with (2)(b) shall not prevent the achievement or maintenance of any national air quality standard for SO2 established by the Environmental Protection Agency.
(c) Any person responsible for the discharge of SO2 caused by the combustion of non-commercial fuel or the combustion of non-commercial and commercial fuel mixtures from any stack or chimney as provided for in (2)(a) and (2)(b) shall submit a detailed report to the Department at least once every month, providing fuel usage and emissions information sufficiently adequate to determine compliance with this Section.
(3) Exemptions. The provisions of this Section shall not apply to commercial fuel used by ocean-going vessels.
(4) Emergency Conditions. 13
(a) When it appears that the delivery of low sulfur fuel oil, as set forth in subsections 3-207(1)(a), (b) and (2)(a), is, or is about to be, interrupted because of unavailability, accident, or other emergency conditions, the Department may authorize the use of an alternative fuel supply, containing the least amount of sulfur available, for a period not to exceed 30 days. Longer periods of time of 120 days each may be authorized by the Department only after a review and recommendation made by the Air Pollution Control Board for each extended period of time.
(b) Factors to be considered shall include the availability of alternate complying fuels, the availability of sulfur dioxide stack gas removal equipment, and the anticipated effect on air quality in the neighborhood, area, and region.
(c) The Air Pollution Control Board, after a hearing, shall have the right to adjust, revoke, rescind, and make any changes or modifications of any authorizations issued under (4)(a) above if there shall occur such change in the condition of availability of low sulfur fuel or the factors set forth in subsection (4)(b) above.
Notes
10 | Amended, 1973 Ordinances, p. 792; amended, 1975 Ordinances, pp. 339 and 1177.
11 | Amended, 1976 Ordinances, p. 866; amended, 1977 Ordinances, p. 1559; amended, Bill No. 140510 (approved July 15, 2014); amended, Bill No. 150500-A (approved June 18, 2015). Enrolled bill included inconsistent subsection numbering; revised by Code editor to conform to standard Code conventions. Enrolled bill also incorrectly referenced Section 2-307 several times; revised by Code editor to Section 3-207. Amended, Bill No. 190636-A (approved December 4, 2019), effective April 1, 2020.
12 | Amended, 1978 Ordinances, p. 4071.
13 | Added, 1973 Ordinances, p. 1045.
