Mark S. Morgan, NEFI Regulatory Counsel mark@nefi.com

Heating oil is transitioning to 15 ppm sulfur content throughout the New England area on July 1, 2018. While many questions remain on the precise timing of the transition process, heating oil dealers should nevertheless review their product transfer documents (PTDs) and delivery tickets to make certain EPA and U.S. DOT notification language is correct.

First, there are a few important facts to know about EPA and U.S. DOT language requirements that will aid in the review of product transfer documents and delivery tickets:

• The IRS no longer requires any notification of tax exempt status on PTDs, including delivery tickets. The IRS dropped the requirement more than 20 years ago when the tax or dye program for distillates was adopted.
• The EPA does not regulate the sulfur content of heating oil. However, under the ULSD program, the EPA requires specific heating oil notification language for PTDs and delivery tickets.
• The EPA’s notification language does not require disclosure of sulfur content for heating oil. The sulfur content of all other distillates require disclosure.
• The U.S. DOT hazardous materials PTD hazard notification language is required for all shipping papers, but not on delivery tickets generated for home delivery.
• The U.S. DOT hazardous material PTD language requirements require that the “UN” and/or “NA” number appear first in the language string. This change was made in 2005.
• The U.S. DOT and EPA language notice requirements cannot be changed. They must appear in the exact order and wording provided below.
• This list does not include any PTD or delivery ticket language requirements that individual states may require. The language below are federal requirements and are not superseded or changed by any state requirements.

I. 15-ppm Heating Oil

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “NA1993, Fuel Oil (No. 2), 3, PG III”

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “Heating Oil: Not for use in highway, locomotive or marine engines.”

II. 15-ppm Diesel Fuel (Dyed)

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “NA 1993, Diesel Fuel, 3, PG III”

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “15-ppm sulfur dyed ULSD. Non-road or tax-exempt use only.”

III. 15-ppm Diesel Fuel (Clear)

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “NA1993, Diesel Fuel, 3, PG III”

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “15-ppm sulfur ULSD”

III. 15-ppm Kerosene 

  For On-Road Use (Clear)

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “UN1223, Kerosene, 3, PG III

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “15-ppm sulfur ULSK”

IV. 15-ppm Kerosene (Dyed) 

• U.S. DOT Hazardous Materials PTD Language Requirement
  
  “UN1223, Kerosene, 3, PG III”

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “15-ppm sulfur dyed ULSK. Non-road or tax-exempt use only.”

V. 15-ppm Kerosene Used for Heating (Dyed)

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “UN1223, Kerosene, 3, PG III”

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “Dyed kerosene: not for use in highway, locomotive or marine engines”

VI. 15-ppm Kerosene Used for Heating (Clear)

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “UN1223, Kerosene, 3, PG III

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “15-ppm sulfur ULSK”

VII. ECA Marine Fuel

• U.S. DOT Hazardous Materials PTD Language Requirement:
  
  “NA1993, Flammable Liquid, n.o.s. (Fuel Oil), 3, PG III”

• U.S. EPA Sulfur Content PTD Language Requirement:
  
  “1,000 ppm sulfur (maximum) ECA marine fuel. For use in Category 3 marine vessels only. Not for use in engines not installed on C3 marine vessels.”

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