Reconsideration of Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, 72729-72730 [2016-25512]

Download as PDF 72729 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations Name of non-regulatory SIP revision * * Documents Incorporated by Reference (9 VAC 5–20–21, Section E.15.). * * * * * * * [FR Doc. 2016–25301 Filed 10–20–16; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice of final action denying petition for reconsideration. AGENCY: 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: aldridge.amanda@epa.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: 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 VerDate Sep<11>2014 * 16:30 Oct 20, 2016 Jkt 241001 EPA Approval date * Northern Virginia (Metropolitan Washington) Ozone Nonattainment Area, Fredericksburg Ozone Maintenance Area, Richmond-Petersburg Ozone Maintenance Area. * * State submittal date Applicable geographic area * 10/1/2015 * 10/21/2016 [Insert Federal Register Citation]. * 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 https://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 https:// 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 (https:// www.gpo.gov/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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 * Additional explanation * State effective date is 7/30/15. * 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 https:// 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 E:\FR\FM\21OCR1.SGM 21OCR1 72730 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 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. asabaliauskas on DSK3SPTVN1PROD with RULES 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. VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 Dated: October 14, 2016. Gina McCarthy, Administrator. [FR Doc. 2016–25512 Filed 10–20–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA–R06–RCRA–2015–0664; FRL–9951– 21–Region 6] Louisiana: Final Authorization of StateInitiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: During a review of Louisiana’s regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes are minor and satisfy all requirements needed to qualify for final authorization and is authorizing the State-initiated changes through this direct final action. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ‘‘Approved State Hazardous Waste Management Programs’’ to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA’s inspection and enforcement. The rule codifies in the regulations the prior approval of Louisiana’s hazardous waste management program and incorporates by reference authorized provisions of the State’s statutes and regulations. The EPA is publishing this rule to authorize the State-initiated changes and incorporate by reference the State’s hazardous waste program without a prior proposal because we believe these actions are not controversial and do not expect comments that oppose them. Unless we receive written comments which oppose the authorization in this codification document during the comment period, the decision to authorize Louisiana’s State-initiated SUMMARY: PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 changes to its hazardous waste program will take effect. If we receive comments that oppose the authorization, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the State-initiated changes. DATES: This regulation will be effective December 20, 2016, unless the EPA receives adverse written comment by November 21, 2016. If the EPA receives such comment, it will publish a timely withdrawal of this direct final rule in the Federal Register and inform the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of December 20, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit any comments identified by Docket ID No. EPA–R06– RCRA–2015–0664, by one of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: patterson.alima@epa.gov or banks.julia@epa.gov. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, Permit Section (RPM), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733. 4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, Permit Section (RPM), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733. Instructions: Do not submit information that you consider to be Confidential Business Information (CBI) or otherwise protected through https:// www.regulations.gov, or email. Direct your comments to Docket ID No. EPA– R06–RCRA–2015–0664. The Federal https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72729-72730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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: aldridge.amanda@epa.gov.

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 https://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 https://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 (https://www.gpo.gov/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 https://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
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