Approval and Promulgation of Implementation Plans; Colorado; Revisions to Regulation Number 4, Sale and Installation of Wood-Burning Appliances and the Use of Certain Wood Burning Appliances During High Pollution Days, 34063-34064 [2019-15106]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Rules and Regulations
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0054; FRL–9995–93–
Region 8]
Approval and Promulgation of
Implementation Plans; Colorado;
Revisions to Regulation Number 4,
Sale and Installation of Wood-Burning
Appliances and the Use of Certain
Wood Burning Appliances During High
Pollution Days
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions to
Colorado Regulation Number 4 (Reg. No.
4), ‘‘Sale and Installation of WoodBurning Appliances and the Use of
Certain Wood Burning Appliances
During High Pollution Days,’’ submitted
by the State on May 2, 2016 and May
14, 2018. The revisions update
definitions, emission standards,
certification and labeling requirements,
and citation references to maintain
consistency with the EPA’s 2015
Standards of Performance for New
Residential Wood Heaters. The EPA is
taking this action in accordance with
the Clean Air Act (CAA).
DATES: This rule is effective on August
16, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0054. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6563, fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:11 Jul 16, 2019
Jkt 247001
The background for this action is
discussed in detail in our April 12, 2019
proposal (84 FR 14903). In that
document we proposed to approve the
SIP submittals from the State of
Colorado for Reg. No. 4 submitted on
May 2, 2016 and May 14, 2018. The
revisions update definitions, emission
standards, certification and labeling
requirements, and citation references to
maintain consistency with the EPA’s
2015 Standards of Performance for New
Residential Wood Heaters (New Source
Performance Standards 40 CFR part 60,
subpart AAA).
We received one comment in support
of our proposed action.
II. Final Action
We are approving the SIP submittals
from the State of Colorado for Reg. No.
4 submitted on May 14, 2018 and May
2, 2016 (except for provisions that have
been superseded by the later
submission, as to which we are not
taking any action).1 We proposed these
actions in accordance with section 110
and part D of the CAA.
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Colorado
Reg. No. 4 pertaining to the regulation
of wood stoves as discussed in section
II. of this preamble. The EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
1 On November 21, 2018, the EPA proposed
amendments to the revised 2015 NSPS, seeking
comments on allowing retailers additional time to
sell existing inventory of wood stoves and on
whether pellet fuel requirements should be revised
(83 FR 61574). In addition, the EPA issued an
Advanced Notice of Proposed Rulemaking to seek
comments on test methods and the 2020
compliance deadline for tighter emission limits for
forced-air furnaces, hydronic heaters and wood
stoves in the revised 2015 NSPS AAA (83 FR
61585). If new federal requirements are finalized
through these actions, Colorado may update Reg.
No. 4 through future SIP revisions to align Reg. No.
4 with federal requirements.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
34063
and will be incorporated by reference in
the next update to the SIP compilation.2
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
2 62
E:\FR\FM\17JYR1.SGM
FR 27968 (May 22, 1997).
17JYR1
34064
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Rules and Regulations
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 16,
2019. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
*
*
EPA
effective
date
*
Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. In § 52.320, in the table in
paragraph (c), section 5 CCR 1001–06 is
revised to read as follows:
■
§ 52.320
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
State
effective
date
Title
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
*
Identification of plan.
*
*
(c) * * *
*
Final rule/citation date
*
*
Comments
*
*
*
5 CCR 1001–06, Regulation Number 4, Sale and Installation of Wood-Burning Appliances and Use of Certain Wood Burning Appliances
During High Pollution Days
I. Definitions ....................................
1/14/2016
8/16/2019
II. Limitation on the Sale and Installation of Wood-Burning Stoves.
III. Approval Procedure for Pellet
Stoves.
V. Enforcement ...............................
4/30/2017
8/16/2019
1/14/2016
8/16/2019
1/14/2016
8/16/2019
VI. List of Approved-Wood Burning
Appliances.
VII. High Pollution Days ..................
1/14/2016
8/16/2019
1/14/2016
8/16/2019
VIII. Requirements for Installation of
Fireplaces.
IX. Implementation of Local Controls.
X. References .................................
4/30/2017
8/16/2019
1/14/2016
8/16/2019
1/14/2016
8/16/2019
*
*
*
*
*
*
*
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
[Insert Federal
7/17/2019.
*
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
Register citation]
Previous SIP approval 04/17/97.
*
*
*
jbell on DSK3GLQ082PROD with RULES
[FR Doc. 2019–15106 Filed 7–16–19; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:58 Jul 16, 2019
Jkt 247001
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
E:\FR\FM\17JYR1.SGM
17JYR1
*
]]>Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34063-34064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15106]
[[Page 34063]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0054; FRL-9995-93-Region 8]
Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Regulation Number 4, Sale and Installation of Wood-Burning
Appliances and the Use of Certain Wood Burning Appliances During High
Pollution Days
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions to Colorado Regulation Number 4
(Reg. No. 4), ``Sale and Installation of Wood-Burning Appliances and
the Use of Certain Wood Burning Appliances During High Pollution
Days,'' submitted by the State on May 2, 2016 and May 14, 2018. The
revisions update definitions, emission standards, certification and
labeling requirements, and citation references to maintain consistency
with the EPA's 2015 Standards of Performance for New Residential Wood
Heaters. The EPA is taking this action in accordance with the Clean Air
Act (CAA).
DATES: This rule is effective on August 16, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0054. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6563, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
12, 2019 proposal (84 FR 14903). In that document we proposed to
approve the SIP submittals from the State of Colorado for Reg. No. 4
submitted on May 2, 2016 and May 14, 2018. The revisions update
definitions, emission standards, certification and labeling
requirements, and citation references to maintain consistency with the
EPA's 2015 Standards of Performance for New Residential Wood Heaters
(New Source Performance Standards 40 CFR part 60, subpart AAA).
We received one comment in support of our proposed action.
II. Final Action
We are approving the SIP submittals from the State of Colorado for
Reg. No. 4 submitted on May 14, 2018 and May 2, 2016 (except for
provisions that have been superseded by the later submission, as to
which we are not taking any action).\1\ We proposed these actions in
accordance with section 110 and part D of the CAA.
---------------------------------------------------------------------------
\1\ On November 21, 2018, the EPA proposed amendments to the
revised 2015 NSPS, seeking comments on allowing retailers additional
time to sell existing inventory of wood stoves and on whether pellet
fuel requirements should be revised (83 FR 61574). In addition, the
EPA issued an Advanced Notice of Proposed Rulemaking to seek
comments on test methods and the 2020 compliance deadline for
tighter emission limits for forced-air furnaces, hydronic heaters
and wood stoves in the revised 2015 NSPS AAA (83 FR 61585). If new
federal requirements are finalized through these actions, Colorado
may update Reg. No. 4 through future SIP revisions to align Reg. No.
4 with federal requirements.
---------------------------------------------------------------------------
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
Colorado Reg. No. 4 pertaining to the regulation of wood stoves as
discussed in section II. of this preamble. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
[[Page 34064]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 16, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. In Sec. 52.320, in the table in paragraph (c), section 5 CCR 1001-
06 is revised to read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State
Title effective EPA effective Final rule/citation Comments
date date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-06, Regulation Number 4, Sale and Installation of Wood-Burning Appliances and Use of Certain Wood
Burning Appliances During High Pollution Days
----------------------------------------------------------------------------------------------------------------
I. Definitions.................... 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Register citation] 7/ 04/17/97.
17/2019.
II. Limitation on the Sale and 4/30/2017 8/16/2019 [Insert Federal Previous SIP approval
Installation of Wood-Burning Register citation] 7/ 04/17/97.
Stoves. 17/2019.
III. Approval Procedure for Pellet 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Stoves. Register citation] 7/ 04/17/97.
17/2019.
V. Enforcement.................... 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Register citation] 7/ 04/17/97.
17/2019.
VI. List of Approved-Wood Burning 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Appliances. Register citation] 7/ 04/17/97.
17/2019.
VII. High Pollution Days.......... 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Register citation] 7/ 04/17/97.
17/2019.
VIII. Requirements for 4/30/2017 8/16/2019 [Insert Federal Previous SIP approval
Installation of Fireplaces. Register citation] 7/ 04/17/97.
17/2019.
IX. Implementation of Local 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Controls. Register citation] 7/ 04/17/97.
17/2019.
X. References..................... 1/14/2016 8/16/2019 [Insert Federal Previous SIP approval
Register citation] 7/ 04/17/97.
17/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-15106 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P
