81 FR 72729 - Reconsideration of Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range		72729-72730
FR Document		2016-25512

This action provides notice that the U.S. Environmental Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition for reconsideration of the final Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced- Air Furnaces published in the Federal Register on March 16, 2015.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72729-72730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2009-0734; FRL-9954-38-OAR]


Reconsideration of Standards of Performance for New Residential 
Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action denying petition for reconsideration.

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SUMMARY: This action provides notice that the U.S. Environmental 
Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition 
for reconsideration of the final Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces published in the Federal Register on March 16, 2015.

DATES: This action is effective on October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Amanda Aldridge, Outreach and 
Information Division (C304-05), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711; telephone number: (919) 541-5268; fax number 
(919) 541-2664; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How can I get copies of this document and other related information?

    This Federal Register notice, the petition for reconsideration and 
the EPA's letter addressing the petition for reconsideration are 
available in the docket under Docket ID No. EPA-HQ-OAR-2009-0734.
    Docket. The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2009-0734. Publicly available docket materials 
are available either electronically through http://www.regulations.gov 
or in hard copy at the EPA Docket Center (EPA/DC), EPA WJC West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742. This action, the petition for reconsideration 
and the EPA's letter addressing the petition can also be found on the 
EPA's Web site at http://www.epa.gov/ttn/oarpg.
    Electronic access. You may access this Federal Register document 
electronically from the Government Printing Office under the ``Federal 
Register'' listings at FDSys (http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR).

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which 
Federal Court of Appeals have venue over petitions for review of final 
EPA actions. This section provides, in part, that the petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit if: (i) The agency action consists of ``nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator;'' or (ii) such actions are locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    The EPA has determined that its action denying the petition for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because the action directly affects the final Standards of 
Performance for New Residential Wood Heaters, new Residential Hydronic 
Heaters and Forced-Air Furnaces published on March 16, 2015, (``2015 
New Source Performance Standards (NSPS)''), which are nationally 
applicable regulations. Thus, any petitions for review of the EPA's 
decision to deny the petition for reconsideration described in this 
document must be filed in the United States Court of Appeals for the 
District of Columbia Circuit by December 20, 2016.

III. Description of Action

    The 2015 NSPS finalizes amendments to the 1988 Standards of 
Performance for New Residential Wood Heaters (40 CFR part 60, subpart 
AAA), i.e., the 1988 NSPS, and adds one new subpart: Standards of 
Performance for the New Residential Hydronic Heaters and Forced-Air 
Furnaces (40 CFR part 60, subpart QQQQ). The 2015 NSPS was developed 
following a CAA section 111(b)(1)(B) review of the 1988 NSPS (53 FR 
5860, February 26, 1988). This information is contained in the docket, 
which is available at http://www.regulations.gov. On February 3, 2014, 
the EPA proposed Standards of Performance for New Residential Wood 
Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces (79 
FR 6373). The EPA received additional data and comments during the 
public comment period. These data and comments were considered and 
analyzed and, where appropriate, the EPA revised the proposed rule. The 
final rule was published on March 16, 2015 (80 FR 13671).
    On June 2, 2015, Richard S. Burns & Company, Inc. (``Burns'') 
submitted a petition for reconsideration of the 2015 NSPS (80 FR 13671, 
March 16, 2015). In its petition, Burns asks the EPA to reconsider 
aspects of the final rule's pellet fuel requirements in 40 CFR

[[Page 72730]]

60.532(f). Specifically, Burns asked that the EPA reconsider the ban on 
pellet fuels made from construction and demolition waste and the ban on 
pellet fuels made from ``prohibited fuels'' which includes construction 
or demotion debris and allow certain wood that has been sorted from 
construction or demolition waste to be used in the manufacture of 
pellet fuels for residential wood heaters.
    Burns' reconsideration petition was submitted under Section 
307(d)(7)(B) of the CAA, which sets forth the criteria for 
reconsideration. That section states that ``(o)nly an objection to a 
rule or procedure which was raised with reasonable specificity during 
the period for public comment (including any public hearing) may be 
raised during judicial review. If the person raising an objection can 
demonstrate to the Administrator that it was impractical to raise such 
objection within such time or if the grounds for such objection arose 
after the period for public comment (but within the time specified for 
judicial review) and if such objection is of central relevance to the 
outcome of the rule, the Administrator shall convene a proceeding for 
reconsideration of the rule and provide the same procedural rights as 
would have been afforded had the information been available at the time 
the rule was proposed.''
    The EPA has carefully considered the petition and supporting 
information and evaluated whether the petition meets the CAA section 
307(d)(7)(B) criteria for reconsideration. The EPA has concluded that 
the petition does not meet the criteria for reconsideration. Thus, in a 
letter to the petitioner, the EPA Administrator, Gina McCarthy, denied 
the Richard S. Burns & Company, Inc.'s petition, and explained the 
reasons for the denial. This letter is available in the docket for this 
action.

IV. Conclusion

    For the reasons discussed in the letter to the petitioner, their 
petition to reconsider the final Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces is denied.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: October 14, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-25512 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 72729

State
Name of non-regulatory Applicable geographic area submittal EPA Approval date Additional explanation
SIP revision date

* * * * * * *

Documents Incorporated Northern Virginia (Metropolitan Washington) 10/1/2015 10/21/2016 [Insert Fed- State effective date is
by Reference (9 VAC Ozone Nonattainment Area, Fredericksburg eral Register Cita- 7/30/15.
5–20–21, Section Ozone Maintenance Area, Richmond-Peters- tion].
E.15.). burg Ozone Maintenance Area.

* * * * * * *

* * * * * reconsideration are available in the reconsideration is nationally applicable
[FR Doc. 2016–25301 Filed 10–20–16; 8:45 am] docket under Docket ID No. EPA–HQ– for purposes of CAA section 307(b)(1)
BILLING CODE 6560–50–P OAR–2009–0734. because the action directly affects the
Docket. The EPA has established a final Standards of Performance for New
docket for this action under Docket ID Residential Wood Heaters, new
ENVIRONMENTAL PROTECTION No. EPA–HQ–OAR–2009–0734. Residential Hydronic Heaters and
AGENCY Publicly available docket materials are Forced-Air Furnaces published on
available either electronically through March 16, 2015, (‘‘2015 New Source
40 CFR Part 60 http://www.regulations.gov or in hard Performance Standards (NSPS)’’), which
[EPA–HQ–OAR–2009–0734; FRL–9954–38– copy at the EPA Docket Center (EPA/ are nationally applicable regulations.
OAR] DC), EPA WJC West, Room 3334, 1301 Thus, any petitions for review of the
Constitution Ave. NW., Washington, EPA’s decision to deny the petition for
Reconsideration of Standards of DC. The EPA Docket Center Public reconsideration described in this
Performance for New Residential Reading Room is open from 8:30 a.m. to document must be filed in the United
Wood Heaters, New Residential 4:30 p.m., Monday through Friday, States Court of Appeals for the District
Hydronic Heaters and Forced-Air excluding legal holidays. The telephone of Columbia Circuit by December 20,
Furnaces number for the Public Reading Room is 2016.
AGENCY: Environmental Protection (202) 566–1744, and the telephone
III. Description of Action
Agency (EPA). number for the Air Docket is (202) 566–
1742. This action, the petition for The 2015 NSPS finalizes amendments
ACTION: Notice of final action denying
reconsideration and the EPA’s letter to the 1988 Standards of Performance
petition for reconsideration. for New Residential Wood Heaters (40
addressing the petition can also be
SUMMARY: This action provides notice found on the EPA’s Web site at http:// CFR part 60, subpart AAA), i.e., the
that the U.S. Environmental Protection www.epa.gov/ttn/oarpg. 1988 NSPS, and adds one new subpart:
Agency (EPA) Administrator, Gina Electronic access. You may access this Standards of Performance for the New
McCarthy, denied a petition for Federal Register document Residential Hydronic Heaters and
reconsideration of the final Standards of electronically from the Government Forced-Air Furnaces (40 CFR part 60,
Performance for New Residential Wood Printing Office under the ‘‘Federal subpart QQQQ). The 2015 NSPS was
Heaters, New Residential Hydronic Register’’ listings at FDSys (http:// developed following a CAA section
Heaters and Forced-Air Furnaces www.gpo.gov/fdsys/browse/ 111(b)(1)(B) review of the 1988 NSPS
published in the Federal Register on collection.action?collectionCode=FR). (53 FR 5860, February 26, 1988). This
March 16, 2015. information is contained in the docket,
II. Judicial Review which is available at http://
DATES: This action is effective on
October 21, 2016. Section 307(b)(1) of the Clean Air Act www.regulations.gov. On February 3,
(CAA) indicates which Federal Court of 2014, the EPA proposed Standards of
FOR FURTHER INFORMATION CONTACT: Ms.
Appeals have venue over petitions for Performance for New Residential Wood
Amanda Aldridge, Outreach and
review of final EPA actions. This section Heaters, New Residential Hydronic
Information Division (C304–05), Office
provides, in part, that the petitions for Heaters and Forced-Air Furnaces (79 FR
of Air Quality Planning and Standards,
review must be filed in the Court of 6373). The EPA received additional data
Environmental Protection Agency,
Appeals for the District of Columbia and comments during the public
Research Triangle Park, North Carolina
Circuit if: (i) The agency action consists comment period. These data and
27711; telephone number: (919) 541–
of ‘‘nationally applicable regulations comments were considered and
5268; fax number (919) 541–2664; email
promulgated, or final action taken, by analyzed and, where appropriate, the
address: aldridge.amanda@epa.gov.
the Administrator;’’ or (ii) such actions EPA revised the proposed rule. The
SUPPLEMENTARY INFORMATION: are locally or regionally applicable, if final rule was published on March 16,
asabaliauskas on DSK3SPTVN1PROD with RULES

I. General Information ‘‘such action is based on a 2015 (80 FR 13671).
determination of nationwide scope or On June 2, 2015, Richard S. Burns &
A. How can I get copies of this effect and if in taking such action the Company, Inc. (‘‘Burns’’) submitted a
document and other related Administrator finds and publishes that petition for reconsideration of the 2015
information? such action is based on such a NSPS (80 FR 13671, March 16, 2015). In
This Federal Register notice, the determination.’’ its petition, Burns asks the EPA to
petition for reconsideration and the The EPA has determined that its reconsider aspects of the final rule’s
EPA’s letter addressing the petition for action denying the petition for pellet fuel requirements in 40 CFR

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72730 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations

60.532(f). Specifically, Burns asked that Dated: October 14, 2016. changes to its hazardous waste program
the EPA reconsider the ban on pellet Gina McCarthy, will take effect. If we receive comments
fuels made from construction and Administrator. that oppose the authorization, we will
demolition waste and the ban on pellet [FR Doc. 2016–25512 Filed 10–20–16; 8:45 am] publish a document in the Federal
fuels made from ‘‘prohibited fuels’’ BILLING CODE 6560–50–P
Register withdrawing this rule before it
which includes construction or takes effect, and a separate document in
demotion debris and allow certain wood the proposed rules section of this
that has been sorted from construction ENVIRONMENTAL PROTECTION Federal Register will serve as a proposal
or demolition waste to be used in the AGENCY to authorize the State-initiated changes.
manufacture of pellet fuels for DATES: This regulation will be effective
40 CFR Parts 271 and 272 December 20, 2016, unless the EPA
residential wood heaters.
[EPA–R06–RCRA–2015–0664; FRL–9951– receives adverse written comment by
Burns’ reconsideration petition was November 21, 2016. If the EPA receives
21–Region 6]
submitted under Section 307(d)(7)(B) of such comment, it will publish a timely
the CAA, which sets forth the criteria Louisiana: Final Authorization of State- withdrawal of this direct final rule in
for reconsideration. That section states Initiated Changes and Incorporation by the Federal Register and inform the
that ‘‘(o)nly an objection to a rule or Reference of Approved State public that this rule will not take effect.
procedure which was raised with Hazardous Waste Management The Director of the Federal Register
reasonable specificity during the period Program approves this incorporation by reference
for public comment (including any as of December 20, 2016 in accordance
AGENCY: Environmental Protection
public hearing) may be raised during with 5 U.S.C. 552(a) and 1 CFR part 51.
Agency (EPA).
judicial review. If the person raising an ADDRESSES: Submit any comments
ACTION: Direct final rule.
objection can demonstrate to the identified by Docket ID No. EPA–R06–
Administrator that it was impractical to SUMMARY: During a review of RCRA–2015–0664, by one of the
raise such objection within such time or Louisiana’s regulations, the following methods:
if the grounds for such objection arose Environmental Protection Agency (EPA) 1. Federal eRulemaking Portal: http://
after the period for public comment (but identified a variety of State-initiated www.regulations.gov. Follow the on-line
within the time specified for judicial changes to its hazardous waste program instructions for submitting comments.
review) and if such objection is of under the Resource Conservation and 2. Email: patterson.alima@epa.gov or
central relevance to the outcome of the Recovery Act (RCRA). The EPA has banks.julia@epa.gov.
rule, the Administrator shall convene a determined that these changes are minor 3. Mail: Alima Patterson, Region 6,
proceeding for reconsideration of the and satisfy all requirements needed to Regional Authorization Coordinator, or
rule and provide the same procedural qualify for final authorization and is Julia Banks, Codification Coordinator,
rights as would have been afforded had authorizing the State-initiated changes Permit Section (RPM), Multimedia
the information been available at the through this direct final action. Planning and Permitting Division, EPA
time the rule was proposed.’’ The Solid Waste Disposal Act, as Region 6, 1445 Ross Avenue, Dallas,
amended, commonly referred to as the Texas 75202–2733.
The EPA has carefully considered the Resource Conservation and Recovery 4. Hand Delivery or Courier: Deliver
petition and supporting information and Act (RCRA), allows the Environmental your comments to Alima Patterson,
evaluated whether the petition meets Protection Agency (EPA) to authorize Region 6, Regional Authorization
the CAA section 307(d)(7)(B) criteria for States to operate their hazardous waste Coordinator, or Julia Banks, Codification
reconsideration. The EPA has management programs in lieu of the Coordinator, Permit Section (RPM),
concluded that the petition does not Federal program. The EPA uses the Multimedia Planning and Permitting
meet the criteria for reconsideration. regulations entitled ‘‘Approved State Division, EPA Region 6, 1445 Ross
Thus, in a letter to the petitioner, the Hazardous Waste Management Avenue, Dallas, Texas 75202–2733.
EPA Administrator, Gina McCarthy, Programs’’ to provide notice of the Instructions: Do not submit
denied the Richard S. Burns & authorization status of State programs information that you consider to be
Company, Inc.’s petition, and explained and to incorporate by reference those Confidential Business Information (CBI)
the reasons for the denial. This letter is provisions of the State statutes and or otherwise protected through http://
available in the docket for this action. regulations that will be subject to the www.regulations.gov, or email. Direct
EPA’s inspection and enforcement. The your comments to Docket ID No. EPA–
IV. Conclusion rule codifies in the regulations the prior R06–RCRA–2015–0664. The Federal
approval of Louisiana’s hazardous waste http://www.regulations.gov Web site is
For the reasons discussed in the letter
management program and incorporates an ‘‘anonymous access’’ system, which
to the petitioner, their petition to means the EPA will not know your
by reference authorized provisions of
reconsider the final Standards of identity or contact information unless
the State’s statutes and regulations.
Performance for New Residential Wood The EPA is publishing this rule to you provide it in the body of your
Heaters, New Residential Hydronic authorize the State-initiated changes comment. If you send an email
Heaters and Forced-Air Furnaces is and incorporate by reference the State’s comment directly to the EPA without
denied. hazardous waste program without a going through http://
asabaliauskas on DSK3SPTVN1PROD with RULES

List of Subjects in 40 CFR Part 60 prior proposal because we believe these www.regulations.gov, your email
actions are not controversial and do not address will be automatically captured
Environmental protection, expect comments that oppose them. and included as part of the comment
Administrative practices and Unless we receive written comments that is placed in the public docket and
procedures, Air pollution control, which oppose the authorization in this made available on the Internet. If you
Intergovernmental relations, Reporting codification document during the submit an electronic comment, the EPA
and recordkeeping requirements. comment period, the decision to recommends that you include your
authorize Louisiana’s State-initiated name and other contact information in

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Document Created: 2018-02-13 16:35:57
Document Modified: 2018-02-13 16:35:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notice of final action denying petition for reconsideration.
Dates		This action is effective on October 21, 2016.
Contact		Ms. Amanda Aldridge, Outreach and Information Division (C304-05), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5268; fax number
FR Citation		81 FR 72729
CFR Associated		Environmental Protection; Administrative Practices and Procedures; Air Pollution Control; Intergovernmental Relations and Reporting and Recordkeeping Requirements