CHAPTER
Env-A 1600 FUEL SPECIFICATIONS
PART
Env-A 1601 PURPOSE; APPLICABILITY;
PROHIBITION ON NON-CONFORMING FUELS
Env-A 1601.01 Purpose. The purpose of this chapter is to prevent,
abate, and control pollutants emitted into the ambient air by controlling the
use of fuels containing specific pollutant elements and compounds, pursuant to
RSA 125-C:6, II.
Source. #6519-B, eff 5-29-97
(from Env-A 401); ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13; ss by
#13808, eff 11-18-23
Env-A 1601.02 Applicability. This chapter shall apply to any person who
uses or allows the use of the fuels identified in Env-A 1602 at a stationary source
or device in the state and to any person who supplies such fuels.
Source. #10415, eff 9-24-13
(from Env-A 1602.01); ss by #13808, eff 11-18-23
Env-A
1601.03 Prohibition on Use of Non-Conforming
Fuels. No person shall cause or
allow the use of a non-conforming fuel in this state without first obtaining
approval for such use in accordance with Env-A 1606.
Source. #10415, eff 9-24-13
(formerly Env-A 1608.01); ss by #13808, eff 11-18-23
PART
Env-A 1602 APPLICABLE FUELS
Env-A 1602.01 Applicable Liquid Fuels. The following liquid fuels, whether blended
or not, shall be subject to this chapter:
(a)
No. 2 oil;
(b)
No. 4 oil;
(c)
No. 5 oil;
(d)
No. 6 oil;
(e)
Kerosene-1 oil;
(f)
Kerosene-2 oil;
(g)
Jet A aviation fuel;
(h)
Jet A-1 aviation fuel;
(i) Jet B aviation fuel;
(j)
JP-4 aviation fuel;
(k)
JP-8 aviation fuel;
(l)
Aviation gasoline;
(m)
Used oil; and
(n)
Crude oil.
Source. #6519-B, eff 5-29-97;
ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from Env-A 1603.01); ss by
#13808, eff 11-18-23
Env-A 1602.02 Applicable Solid Fuels. All coal to be used as fuel, including
blended coal, shall be subject to the requirements of this chapter.
Source. #10415, eff 9-24-13
(formerly Env-A 1603.03); ss by #13808, eff 11-18-23
PART
Env-A 1603 SULFUR CONTENT LIMITATIONS
FOR LIQUID FUELS
Env-A 1603.01 Maximum Sulfur Content
of Liquid Fuels.
(a)
JP-4 aviation fuel shall not exceed 0.40 percent sulfur by weight.
(b)
Aviation gasoline shall not exceed 0.05 percent sulfur by weight.
(c)
Kerosene-1 oil shall not exceed 0.04 percent sulfur by weight.
(d)
Kerosene-2 oil and Jet A, A-1, B, and JP-8
aviation fuels shall not exceed 0.30 percent sulfur by weight.
(e)
Used oil shall not exceed 2.00 percent sulfur by weight.
Source. #6519-B, eff 5-29-97;
ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from Env-A 1604.01); ss by
#12694, eff 12-22-18; ss by #13808, eff 11-18-23
(a) No. 2 oil, also referred to as distillate
oil;
(b) No. 4 oil; or
(c) No. 5 oil or No. 6 oil, also referred to as
residual oil.
Source. #12694, eff 12-22-18;
ss by #13808, eff 11-18-23; ss by #13808, eff 11-18-23
Env-A 1603.03 Maximum Sulfur Content of Distributed
Liquid Fuels Effective February 1, 2019.
On and after February 1, 2019, no person shall sell, offer for sale,
supply, distribute for sale or use, except for fuel remaining in storage for a
device not requiring a permit pursuant to RSA 125-C:11, any of the following
liquid fuels with sulfur content greater than that specified in RSA 125-C:10-d,
II, reprinted in Appendix B:
(a) No. 2 oil, also referred to as distillate
oil;
(b)
No. 4 oil; or
(c)
No. 5 oil or No. 6 oil, also referred to as residual.
Source. #12694, eff 12-22-18;
ss by #13808, eff 11-18-23
PART
Env-A 1604 SULFUR CONTENT LIMITATIONS
FOR SOLID FUELS
Env-A 1604.01 Maximum Sulfur Content Allowable in Coal.
(a)
For a coal-burning device placed in operation before April 15, 1970
the sulfur content of coal burned in the device shall not exceed
2.8 pounds per million BTU gross heat content.
(b)
For a coal-burning device placed in operation on or after April 15,
1970:
(1)
The
sulfur content of coal burned in the device shall not exceed
1.5 pounds per million BTU gross heat content; and
(2) The sulfur content of coal burned in the
device shall not exceed 1.0 pound per million BTU gross heat
content, averaged over any consecutive 3-month period.
Source. #6519-B, eff 5-29-97
(from Env-A 402.02); ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from
Env-A 1606.01); ss by #12694, eff 12-22-18; ss by #13808, eff 11-18-23
PART
Env-A 1605
Env-A 1605.01 Fuel Analysis Requirement for Suppliers of
Liquid or Solid Fuel. Each fuel
company that supplies coal or liquid fuel for use within the state or for sale
for use within the state shall provide each distributor or purchaser of coal or
liquid fuel, except homeowners purchasing No. 2 oil, with the following:
(a)
For coal or No. 5 oil, No. 6 oil, used oil, or crude oil, a written
statement of the maximum weight percentage sulfur of the fuel; or
(b)
For any liquid fuel listed in Env-A 1602.01 other than those listed in
(a), above, one of the following:
(1) A written statement of the maximum weight
percentage sulfur of the fuel; or
(2) A written statement that the sulfur content
of the fuel as
Source. #6519-B, eff 5-29-97
(from Env-A 402.03); ss by #7788, eff 10-31-02; ss by #8330, eff 4-23-05; ss by
#10415, eff 9-24-13 (from Env-A 1607.01); ss by #13808, eff 11-18-23
PART
Env-A 1606 USE OF NON-CONFORMING FUELS
DURING
Env-A 1606.01 Request for Determination of Acute Fuel
Shortage.
(a)
In the event of a shortage in the supply of conforming fuel that causes
an urgent need to use non-conforming fuel, a supplier may request the
department to make a determination that non-conforming
fuel may be used in the state.
(b)
A request for the department to make such a determination shall include
the following:
(1) A detailed statement describing the efforts
the supplier has undertaken to obtain conforming fuel;
(2) An estimate of the volume of conforming fuels
remaining in stock and an explanation of the methodology used to produce the
estimate; and
(3)
The anticipated duration of the shortage and an explanation of the methodology
used to determine the anticipated duration.
(c)
The request shall be signed by a responsible official.
Source. #6519-B, eff 5-29-97 (from Env-A 402.04); ss by #8330, eff 4-23-05;
ss by #10415, eff 9-24-13 (formerly Env-A 1609.01); ss by #13808, eff
11-18-23
Env-A 1606.02 Determination of Need to Use
Non-Conforming Fuel.
(a)
Upon receipt of a request that contains the information required by
Env-A 1606.01(b) and is signed as required by Env-A 1606.01(c), the department
shall review the request and provide a copy of the request to EPA.
(b)
The department shall make a determination in
consultation with EPA that a need to use non-conforming fuel exists if the
request demonstrates that:
(1) The supply of conforming fuel is
insufficient; and
(2) The shortage is likely to last longer than
existing supplies of conforming fuel will last, based on relevant factors
including, but not limited to, the volume in stock and weather conditions.
(c)
The department shall notify the requestor of its decision in writing.
(d)
If the request is denied, the notification shall specify the reason(s)
for the denial.
(e)
If the request is granted, the department also shall notify other
suppliers of the determination.
Source. #10415, eff 9-24-13
(formerly Env-A 1609.02); ss by #13808, eff 11-18-23
Env-A 1606.03 Limitations on Use of Non-Conforming Fuels.
(a)
A determination to allow the use of non-conforming fuel issued pursuant
to this part shall be valid for the period specified in the determination, not
to exceed 90 days from the date of issuance.
(b)
If the supply of conforming fuel remains insufficient at the expiration of
the determination, a supplier may submit a new request.
Source. #10415, eff 9-24-13
(formerly Env-A 1609.03); ss by #13808, eff 11-18-23
Env-A 1606.04 EPA Notification. Within 5 working days of granting a request
to use non-conforming fuel, the department shall notify the EPA of such approval.
Source. #10415, eff 9-24-13
(formerly Env-A 1609.04); ss by #13808, eff 11-18-23
PART
Env-A 1607 DEMONSTRATION OF COMPLIANCE
Env-A 1607.01 Fuel Analysis to Demonstrate Compliance.
(a)
In order to determine compliance, the department shall sample or require
sampling or re-sampling of any fuel.
(b)
Such sampling, which shall include compositing, testing, and analyzing
fuel samples, shall be conducted in accordance with the applicable methodology
specified in Env-A 800 or
40
Source. #6519-B, eff 5-29-97
(from Env-A 404.01); ss by #8330, eff 4-23-05; ss by #8878, eff 4-27-07; ss by
#10415, eff 9-24-13 (formerly Env-A 1610.01); ss by #13808, eff 11-18-23
Appendix A: Statutes
Implemented
Rule Section(s) |
State Statute(s) Implemented |
Env-A 1601-Env-A
1602 |
RSA
125-C:6, II |
Env-A 1603 |
RSA
125-C:6, II; RSA 125-C:10-d |
Env-A 1604 –
Env-A 1607 |
RSA
125-C:6, II |
Appendix B:
Statutory References
RSA 125-C:10-d:
125-C:10-d Sulfur Limits of Certain Liquid Fuels.
I. No person shall import into the state any of
the following liquid fuels:
(a) No. 2 oil, also referred to as distillate
oil, with a sulfur content greater than 0.0015 percent by weight;
(b) No. 4 oil with a sulfur content greater than
0.25 percent by weight; or
(c) Nos. 5 or 6 oil, also referred to as residual
oil, with a sulfur content greater than 0.5 percent by weight.
II. Beginning on February 1, 2019
and continuing thereafter, no person shall sell, offer for sale, supply, distribute
for sale or use, except for fuel remaining in storage for a device not
requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels:
(a) No. 2 oil, also referred to as distillate
oil, with a sulfur content greater than 0.0015 percent by weight;
(b) No. 4 oil with a sulfur content greater than
0.25 percent by weight; or
(c) Nos. 5 or 6 oil, also referred to as residual
oil, with a sulfur content greater than 0.5 percent by weight.