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H.R.6222 - Clean Heating Oil Act of 2012
To amend the Clean Air Act with respect to the sulfur fuel content of heating oil.
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SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(1) The Energy Information Administration estimates that 3.93 billion gallons of heating oil were consumed in the United States in 2010, representing 7.2 percent of total demand for distillate oil in the United States.CommentsClose CommentsPermalink
(2) Currently, the sulfur content of heating oil is the only chemical difference between heating oil and highway diesel fuel. However, the State of New York will require the same sulfur content for heating oil as onroad and offroad diesel fuel beginning on July 1, 2012.CommentsClose CommentsPermalink
(4) The Northeast States for Coordinated Air Use Management estimates that heating oil represents 54 percent of total demand for heating oil and diesel fuel in the Northeast and is the second largest source of sulfur dioxide emissions.CommentsClose CommentsPermalink
(5) The Energy Information Administration estimates that the United States exported 8.65 billion gallons of diesel fuel with a sulfur content of less than 15 parts per million in 2011.CommentsClose CommentsPermalink
(7) The Northeast States for Coordinated Air Use Management estimates that reducing the sulfur content in heating oil will eliminate 167,000 tons of sulfur dioxide emissions, and provide substantial benefits to the health and well-being of the people of the United States.CommentsClose CommentsPermalink
(8) The Environmental Protection Agency has authority under section 111 of the Clean Air Act (
(9) The Brookhaven National Laboratory estimates that reducing the sulfur content of heating oil will improve overall heating system efficiency and longevity, and save as much as $200 million per year in system maintenance costs.CommentsClose CommentsPermalink
SEC. 3. SULFUR CONTENT OF HEATING OIL.
‘SEC. 132. SULFUR CONTENT OF HEATING OIL.
‘(1) IN GENERAL- Effective June 1, 2016, no person shall manufacture, sell, supply, offer for sale or supply, dispense, transport, or introduce into commerce heating oil which contains a concentration of sulfur in excess of--CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator may, by regulation, provide for the issuance of credits to refiners and importers for amounts of heating oil manufactured or imported before June 1, 2016, in accordance with the limitation described in paragraph (1).CommentsClose CommentsPermalink
‘(B) USE; TRANSFER- Any regulations promulgated under subparagraph (A) shall provide that a refiner or importer who is issued credits may use such credits, or transfer all or a portion of such credits to another refiner or importer for use, for the purpose of complying with this subsection.CommentsClose CommentsPermalink
‘(1) AUTHORITY- Subject to paragraph (2), the Administrator may by regulation reduce the concentration of sulfur in heating oil permissible under subsection (b) to the extent necessary to ensure that such concentration is not reasonably anticipated to endanger the public health or welfare.CommentsClose CommentsPermalink
‘(2) LIMITATION- Paragraph (1) does not authorize the Administrator to reduce the concentration of sulfur in heating oil permissible under subsection (b) to any concentration lower than the concentration of sulfur in diesel fuel permissible under section 211.CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator may temporarily waive the requirements of this section in whole or in part if, after consultation with, and concurrence by, the Secretary of Energy, the Administrator determines that, with respect to heating oil, the criteria listed in subclauses (I) through (III) of section 211(c)(4)(C)(ii) are met.CommentsClose CommentsPermalink
‘(2) LIMITATION AND REQUIREMENTS- Any waiver under paragraph (1) shall be subject to the limitations and requirements applicable to waivers under subclauses (I) through (V) of section 211(c)(4)(C)(iii). For purposes of the preceding sentence, the reference in section 211(c)(4)(C)(iii)(IV) to the motor fuel distribution system is deemed to refer to the heating oil distribution system.CommentsClose CommentsPermalink
‘(e) Heating Oil Manufactured by Small Refineries- The Administrator may waive one or more requirements of this section with respect to any heating oil manufactured by a small refinery (as defined in section 211(o)(1)(K)). The period of a waiver under this subsection shall terminate not later than June 1, 2019.CommentsClose CommentsPermalink
‘(f) Penalties and Injunctions- The provisions of section 211(d) shall apply to a violation of this section or the regulations thereunder to the same extent and in the same manner as such provisions apply to a violation of section 211(i) or the regulations thereunder.’.CommentsClose CommentsPermalink
(b) Regulations- Not later than 24 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall issue a final regulation to implement and enforce section 132 of the Clean Air Act, as added by subsection (a).CommentsClose CommentsPermalink