[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Rules and Regulations]
[Pages 63573-63575]
[FR Doc No: 2019-24454]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31280; Amdt. No. 3877]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 18, 2019. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 18, 2019.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA

forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on November 1, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

* * * Effective 5 December 2019

Akutan, AK, Akutan, Takeoff Minimums and Obstacle DP, Amdt 1
Akutan, AK, Akutan, ZEBUV ONE, Graphic DP
Atwater, CA, Castle, ILS OR LOC RWY 31, Amdt 3
Atwater, CA, Castle, RNAV (GPS) RWY 13, Amdt 1
Atwater, CA, Castle, RNAV (GPS) RWY 31, Amdt 1
Atwater, CA, Castle, VOR/DME RWY 31, Amdt 1B, CANCELLED
El Monte, CA, San Gabriel Valley, RNAV (GPS)-B, Orig
El Monte, CA, San Gabriel Valley, VOR OR GPS-B, Amdt 3A, CANCELLED
Mountain View, CA, Moffett Federal Afld, ILS OR LOC RWY 32R, Amdt 2
Mountain View, CA, Moffett Federal Afld, RNAV (GPS) RWY 32R, Orig-A
Mountain View, CA, Moffett Federal Afld, TACAN RWY 32R, Amdt 1A
Sacramento, CA, Sacramento Mather, ILS OR LOC RWY 22L, ILS RWY 22L
(SA CAT I), ILS RWY 22L (SA CAT II), Amdt 7
Boone, IA, Boone Muni, Takeoff Minimums and Obstacle DP, Amdt 6
Hammond, LA, Hammond Northshore Rgnl, ILS OR LOC RWY 18, Amdt 5
Hammond, LA, Hammond Northshore Rgnl, VOR RWY 18, Amdt 4, CANCELLED
Hammond, LA, Hammond Northshore Rgnl, VOR RWY 31, Amdt 5, CANCELLED
Bedford, MA, Laurence G Hanscom Fld, ILS OR LOC RWY 29, Amdt 9B
Bedford, MA, Laurence G Hanscom Fld, RNAV (GPS) RWY 23, Orig-E
Choteau, MT, Choteau, NDB OR GPS RWY 23, Orig-C, CANCELLED
Choteau, MT, Choteau, RNAV (GPS) RWY 15, Orig
Choteau, MT, Choteau, RNAV (GPS) RWY 33, Orig
Choteau, MT, Choteau, Takeoff Minimums and Obstacle DP, Amdt 2
Williston, ND, Sloulin Fld Intl, ILS OR LOC RWY 29, Amdt 4C,
CANCELLED
Williston, ND, Sloulin Fld Intl, RNAV (GPS) RWY 11, Orig, CANCELLED
Williston, ND, Sloulin Fld Intl, RNAV (GPS) RWY 29, Orig, CANCELLED
Williston, ND, Sloulin Fld Intl, VOR RWY 11, Amdt 13A, CANCELLED
Morristown, NJ, Morristown Muni, ILS OR LOC RWY 23, Amdt 12
Morristown, NJ, Morristown Muni, RNAV (GPS) Z RWY 23, Amdt 2
Boulder City, NV, Boulder City Muni, RNAV (GPS) RWY 27, Orig
Boulder City, NV, Boulder City Muni, Takeoff Minimums and Obstacle
DP, Orig
Monticello, NY, Sullivan County Intl, ILS OR LOC RWY 15, Amdt 6
Monticello, NY, Sullivan County Intl, VOR RWY 33, Amdt 4
Cambridge, OH, Cambridge Muni, RNAV (GPS) RWY 4, Orig-E
Cambridge, OH, Cambridge Muni, RNAV (GPS) RWY 22, Orig-E
Columbus, OH, Rickenbacker Intl, ILS OR LOC RWY 5R, ILS RWY 5R (SA
CAT I), ILS RWY 5R (CAT II), Amdt 3C
Steubenville, OH, Jefferson County Airpark, RNAV (GPS) RWY 14, Amdt
1A
Steubenville, OH, Jefferson County Airpark, RNAV (GPS) RWY 32, Amdt
1B
El Reno, OK, El Reno Rgnl, RNAV (GPS) RWY 17, Amdt 1
El Reno, OK, El Reno Rgnl, RNAV (GPS) RWY 35, Amdt 1
El Reno, OK, El Reno Rgnl, VOR/DME RWY 35, Amdt 2, CANCELLED
Fairview, OK, Fairview Muni, RNAV (GPS) RWY 35, Orig

Fairview, OK, Fairview Muni, Takeoff Minimums and Obstacle DP, Amdt
5
Mc Alester, OK, Mc Alester Rgnl, RNAV (GPS) RWY 2, Amdt 1A
Hermiston, OR, Hermiston Muni, VOR-A, Amdt 4A
La Grande, OR, La Grande/Union County, NDB-B, Amdt 1
Waco, TX, TSTC Waco, ILS OR LOC RWY 17L, Amdt 13C
Waco, TX, TSTC Waco, NDB RWY 35R, Amdt 12A
Waco, TX, TSTC Waco, RNAV (GPS) RWY 17L, Amdt 2
Waco, TX, TSTC Waco, RNAV (GPS) RWY 35R, Amdt 2A
Waco, TX, TSTC Waco, Takeoff Minimums and Obstacle DP, Orig-A
Beckley, WV, Raleigh County Memorial, ILS OR LOC RWY 19, Amdt 7
Beckley, WV, Raleigh County Memorial, RNAV (GPS) RWY 19, Amdt 1C
Beckley, WV, Raleigh County Memorial, RNAV (GPS) RWY 28, Amdt 1C
Lander, WY, Hunt Field, RNAV (GPS) RWY 22, Orig
Lander, WY, Hunt Field, Takeoff Minimums and Obstacle DP, Orig

    RESCINDED: On October 1, 2019 (84 FR 51971), the FAA published
an Amendment in Docket No. 31274, Amdt No. 3871, to Part 97 of the
Federal Aviation Regulations under section 97.37. The following
entry for Atwood, KS, effective December 5, 2019, is hereby
rescinded in its entirety:

Atwood, KS, Atwood-Rawlins County, City-County, Takeoff Minimums and
Obstacle DP, Orig-A

[FR Doc. 2019-24454 Filed 11-15-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Rules and Regulations]
[Pages 18448-18455]
[FR Doc No: 2020-05961]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2018-0195: FRL-10006-75-OAR]
RIN 2060-AU00

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this final action, the U.S. Environmental Protection Agency
(EPA) is amending the 2015 New Source Performance Standards (NSPS) for
New Residential Wood Heaters, New Residential Hydronic Heaters and
Forced-Air Furnaces. This final action removes certain requirements
from the rule for pellet fuel to meet certain specifications regarding
density, size, and content, while retaining a provision in the rule
that requires EPA-approved third-party organizations to specify minimum
requirements as part of the pellet fuel certification process. Also, in
this final action, the EPA is deciding not to make changes that it had
proposed that would have allowed a sell-through period for Step 1-
certified residential wood heating devices that are manufactured before
the May 2020 compliance date to be sold at retail after that date.
Finally, this preamble provides a clarification of how the ``prohibited
fuels'' provision applies to pallets.

DATES: The final rule is effective on April 2, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2018-0195. All documents in the docket are
listed on the https://www.regulations.gov/ website. Although listed,
some information is not publicly available, e.g., Confidential Business
Information 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 either
electronically through https://www.regulations.gov/, or in hard copy at
the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC. The Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Eastern Standard Time (EST), Monday through
Friday. The telephone number for the Public Reading Room is (202) 566-
1744, and the telephone number for the EPA Docket Center is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Rochelle Boyd, Sector Policies and Programs Division (Mail Code
D243-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>For information about the
applicability of the NSPS to a particular entity, contact Rafael
Sanchez, Office of Enforcement and Compliance Assurance, U.S.
Environmental Protection Agency, WJC South Building (Mail Code 2227A),
1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number:
(202) 564-7028; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Preamble acronyms and abbreviations. We use multiple acronyms and
terms in this preamble. While this list may not be exhaustive, to ease
the reading of this preamble and for reference purposes, the EPA
defines the following terms and acronyms here:

CAA Clean Air Act
CFR Code of Federal Regulations
CRA Congressional Review Act
EPA Environmental Protection Agency
NAICS North American Industry Classification System
NPRM notice of proposed rulemaking
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PFI Pellet Fuels Institute
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RTC Response to Comment
RWH Residential Wood Heater
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

    Organization of this document. The information in this preamble is
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. Judicial Review
II. Background
III. Public Comments
IV. What is included in the final rule?
    A. Pellet Fuel Minimum Requirements
    B. Decision Regarding Promulgating New Sell-Through Provisions
V. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost and economic impacts?
    D. What are the benefits?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated
by this action are shown in Table 1 of this preamble.

                            Table 1--Source Categories Affected by This Final Action
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                Source category                 NAICS code \1\           Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Residential Wood Heating......................          333414  Manufacturers, owners, and operators of wood
                                                                 heaters, pellet heaters/stoves, and hydronic
                                                                 heaters.
                                                        333415  Manufacturers, owners, and operators of forced-
                                                                 air furnaces.
Testing Laboratories..........................          541380  Testers of wood heaters, pellet heaters/stoves,
                                                                 and hydronic heaters.
Retailers.....................................          423730  Warm air heating and air-conditioning equipment
                                                                 and supplies merchant wholesalers.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final action for the source category listed. This table lists the types
of entities that the EPA is now aware could potentially be affected by
this action. Other types of entities not listed in the table could also
be regulated. To determine whether you are regulated by this action,
you should carefully examine the applicability criteria found in the
final rule. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section of this preamble, your delegated
authority, or your EPA Regional representative listed in the General
Provisions at 40 CFR 60.4.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final action is available on the internet. Following signature by
the EPA Administrator, the EPA will post a copy of this final action at
https://www.epa.gov/residential-wood-heaters. Following publication in
the Federal Register, the EPA will post the Federal Register version of
the final action and key technical documents at this same website.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by June 1, 2020. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements. Section 307(d)(7)(B) of the CAA further
provides 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.''
This section also provides a mechanism for the EPA to convene a
proceeding for reconsideration, ``[i]f the person raising an objection
can demonstrate to the EPA that it was impracticable to raise such
objection within [the period for public comment] 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.'' Any person seeking to
make such a demonstration to us should submit a Petition for
Reconsideration to the Office of the Administrator, U.S. EPA, Room
3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC
20460, with a copy to both the person(s) listed in the preceding FOR
FURTHER INFORMATION CONTACT section, and the Associate General Counsel
for the Air and Radiation Law Office, Office of General Counsel (Mail
Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

II. Background

    The statutory background for the Residential Wood Heaters (RWH)
source category is provided in the proposed rule for this final action
(83 FR 61577, November 30, 2018) and will not be repeated here.
Residential wood heaters were originally listed under CAA section
111(b) on February 18, 1987 (52 FR 5065). Under section 111 of the
CAA,''Standards of Performance for New Stationary Sources,'' the EPA
lists categories of sources that, in the EPA's judgment, cause or
contribute significantly to air pollution, which may reasonably be
anticipated to endanger public health or welfare pursuant to CAA
section 111(b)(1)(A), and then promulgates federal standards of
performance for new sources within such categories under CAA section
111(b)(1)(B). The original NSPS for RWH (40 CFR part 60, subpart AAA)
was proposed on February 18, 1987 (52 FR 4994), and promulgated on
February 26, 1988 (53 FR 5859) (1988 RWH NSPS). The 1988 RWH NSPS
focused on adjustable burn rate wood heaters, including cord wood
heaters and some pellet fuel heaters. The NSPS was amended in 1998 to
address an issue related to certification testing (63 FR 64869).
    On February 3, 2014, the EPA proposed revisions to the NSPS (79 FR
6330) and promulgated revisions on March 16, 2015 (80 FR 13672) (2015
RWH NSPS). The final 2015 RWH NSPS updated the 1988 RWH NSPS emission
limits, eliminated exemptions over a broad suite of wood heating
devices,\1\ and updated test methods and the certification process. The
2015 RWH NSPS broadened the applicability of the 1988 RWH NSPS to
specifically include all single burn rate wood heaters and all pellet
fuel heaters. The 2015 RWH NSPS also added a new subpart (40 CFR part
60, subpart QQQQ) that covers new wood burning hydronic heaters and new
forced-air furnaces. Hydronic heaters and forced-air furnaces represent
a small portion of total U.S. wood heating device manufactured output
in recent years. The market share for each of the categories considered
in this final rule are as follows: Wood and pellet stoves were 96
percent, hydronic heaters were less than 1 percent and forced air
furnaces were 3 percent of the total

market in 2017-2019 in terms of units sold.\2\
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    \1\ As used in this preamble, the term ``wood heaters'' refers
to all appliances covered in 40 CFR part 60, subpart AAA, and the
terms ``hydronic heaters'' and ``forced-air furnaces'' refer to
appliances covered in 40 CFR part 60, subpart QQQQ. Also, in this
action, the term ``wood heating device(s)'' refers to all units
regulated by the 2015 RWH NSPS (40 CFR part 60, subparts AAA and
QQQQ).
    \2\ Wood Appliance Sales Summary, dated March 10, 2020, is
available in the docket for this final action (https://www.regulations.gov/docket?D=EPA-HQ-OAR-2018-0195).
---------------------------------------------------------------------------

    The 2015 RWH NSPS also directs owners of pellet fuel or wood chip
heaters to burn only fuel that meet certain minimum requirements. In
the 2015 final rule preamble (80 FR 13682), the EPA stated: ``For
pellet-fueled appliances, operation according to the owner's manual
includes operation only with pellet fuels that are specified in the
owner's manual. Manufacturers must only specify graded and licensed
pellets that meet certain minimum requirements.''
    The RWH source category is different from most NSPS source
categories in that it regulates mass-produced residential consumer
appliance products, rather than industrial facilities. Thus, important
elements in determining the best system of emission reduction as
specified in CAA section 111(a)(1) include the costs and environmental
impacts on consumers of delaying production while wood heating devices
with those systems are designed, tested, field evaluated, and
certified. Section 111(b)(1)(B) of the CAA requires that the standards
be effective upon the effective date of the NSPS. Considering these
factors, in the 2015 RWH NSPS final rule, the EPA took a two-step
compliance approach, in which certain Step 1 standards became effective
in May 2015 and more stringent Step 2 standards would become effective
5 years later, in May 2020.
    As the May 15, 2020, Step 2 compliance date approached,
representatives from the manufacturing and retail industry expressed
concern that a substantial number of retailers have either limited or
stopped their purchases of Step 1-certified wood heating devices from
the manufacturers due to concerns they may not be able to sell these
devices before the May 2020 Step 2 compliance date and would,
therefore, be left with unsalable inventory. Manufacturers also
expressed concern that these reductions in sales would result in
reduced earnings needed to develop Step 2-compliant model lines.
    On November 30, 2018, the EPA proposed (83 FR 61574) to amend 40
CFR part 60, subpart QQQQ, by allowing a ``sell-through'' provision to
give retailers additional time after the May 2020 effective date of the
Step 2 standard to sell Step 1-compliant hydronic heaters and forced-
air furnaces remaining in their inventory. The EPA also took comment on
whether to amend 40 CFR part 60, subpart AAA for wood heaters and
pellet fuel heaters to provide a similar sell-through period. In
addition, the EPA took comment on whether the minimum pellet fuel
requirements in the 2015 RWH NSPS should be retained or revised.

III. Public Comments

    Public comments on the 2018 proposed rule and the EPA's responses
to these comments are addressed in a separate Response to Comment (RTC)
document, available in the docket for this action at Docket ID No. EPA-
HQ-OAR-2018-0195.

IV. What is included in the final rule?

A. Pellet Fuel Minimum Requirements

    This section explains the final actions being taken and the
rationale for these actions.
1. Final Requirements for Pellet Fuel Burned in Residential Wood
Heating Devices
    Certification tests for pellet-burning wood heating devices require
that pellet fuels be made of wood with certain minimum quality
requirements to ensure consistent operation for every certification
test. These requirements have the added benefit to manufacturers of
minimizing emissions during certification testing.
    The 2015 RWH NSPS requires owners of wood heating devices that are
certified to burn pellet fuels to burn only pellets that have been
specified in the owner's manual and graded under a licensing agreement
with a third-party organization approved by the EPA. The Pellet Fuels
Institute (PFI), ENplus, and CANplus are the current EPA-approved
third-party organizations for this purpose (additional organizations
may apply to the Administrator for approval). See the pellet fuel
requirements stated in 40 CFR 60.532(e) and 40 CFR 60.5474(e). Based on
these requirements, the EPA concluded that a certified pellet fuel
heater's performance in a consumer's home would be consistent with the
heater's performance in the laboratory using the EPA's certification
test methods. Under the provisions of the 2015 RWH NSPS, a pellet
manufacturer is not obligated to produce pellets that meet the pellet
fuel requirements, but operators and manufacturers of pellet fuel
heaters in the United States are prohibited from using pellets that do
not meet the pellet fuel requirements. The pellet fuel requirements, in
addition to ensuring consistency with certification testing, were
intended to safeguard against emissions hazardous to human health and
the environment when the pellets are burned in pellet fuel heaters
operated in the home by consumers.
    Since publication of the 2015 RWH NSPS, interested parties have
raised issues concerning the pellet fuel requirements. First, these
parties have questioned the EPA's authority to promulgate the pellet
fuel requirements. The comments and issues related to the EPA's
authority to promulgate the pellet fuel requirements are summarized and
addressed in the RTC document available at Docket ID No. EPA-HQ-OAR-
2018-0195. The EPA has considered these comments and concluded that the
Agency has the authority to set pellet fuel requirements for the
reasons discussed in the RTC.
    Second, interested parties have questioned the need for the pellet
fuel requirements (because they are already part of the requirements
imposed by the third-party organizations that must grade pellets under
40 CFR 60.532(e) and 40 CFR 60.5474(e)) and commented that the specific
minimum fuel requirements will inhibit innovations that may improve
pellet fuel heater operation and decrease emissions.
    After reviewing public comments on these issues, the EPA has
determined 40 CFR part 60, subparts AAA and QQQQ, should be revised to
delete the following seven pellet fuel minimum requirements which are
currently found at 40 CFR 60.532(e) and 40 CFR 60.5474(e):
    1. Density: Consistent hardness and energy content with a minimum
density of 38 pounds/cubic foot;
    2. Dimensions: Maximum length of 1.5 inches and diameter between
0.230 and 0.285 inches;
    3. Inorganic fines: Less than or equal to 1 percent;
    4. Chlorides: Less than or equal to 300 parts per million by
weight;
    5. Ash content: No more than 2 percent;
    6. Contains no demolition or construction waste; and
    7. Trace metals: Less than 100 milligrams per kilogram.
    The EPA is retaining the prohibition that was stated in the eighth
pellet fuel minimum requirement that stated pellet fuel must not
contain any of the prohibited fuels in 40 CFR 60.532(f) and 40 CFR
60.5474(f). Sections 40 CFR 60.532(f) and 40 CFR 60.5474(f) state that
no person is permitted to burn any of the following materials in an
affected wood heating device:
    1. Residential or commercial garbage;
    2. Lawn clippings or yard waste;

    3. Materials containing rubber, including tires;
    4. Materials containing plastic;
    5. Waste petroleum products, paints or paint thinners, or asphalt
products;
    6. Materials containing asbestos;
    7. Construction or demolition debris;
    8. Paper products, cardboard, plywood, or particleboard. The
prohibition against burning these materials does not prohibit the use
of fire starters made from paper, cardboard, sawdust, wax, and similar
substances for the purpose of starting a fire in an affected wood
heater;
    9. Railroad ties, pressure-treated wood or pallets (40 CFR
60.532(f)(9)) and Railroad ties or pressure-treated lumber (40 CFR
60.5474(f)(9));
    10. Manure or animal remains;
    11. Salt water driftwood or other previously salt water saturated
materials;
    12. Unseasoned wood;
    13. Any materials that are not included in the warranty and owner's
manual for the subject wood heater; or
    14. Any materials that were not included in the certification tests
for the subject wood heater.
    The EPA has decided to leave the prohibited fuels list in the
regulation for clarity and continuity as these materials are referred
to in the provisions regarding ``prohibited fuel types'' in 40 CFR
60.532(f) and 60.5474(f). Unlike the requirements in 40 CFR
60.532(e)(1) through (7) and 60.5474(e)(1) through (7) that we are
removing, which regulated the characteristics of the pellet fuel, this
prohibited fuels list impacts all fuel types used in all wood heating
devices. Retaining this provision assures that these specified
materials will be not be used as a source of fuel and prevents the
burning of trash, plastics, yard waste, and other unsuitable materials.
For most of the items on the prohibited fuels list, it is widely-
recognized and widely-accepted that the burning of such material
increases emissions regardless of the type of wood heating device.
Moreover, the burning of anything not included in the warranty and
owner's manual can damage a stove and thereby cause increased
emissions, as well as potential safety issues, because the stove is
unable to perform as designed. It should also be noted that the PFI's
Quality Assurance/Quality Control Handbook recognizes that the 2015 RWH
NSPS ``. . . contain provisions regarding ``prohibited fuel types'' in
40 CFR 60.532(f) and 60.5474(f). To the extent that these requirements
apply to pellet fuel manufacturers, these materials are considered
prohibited for the purpose of the PFI Residential/Commercial Densified
Fuel Standards Program.'' \3\ Finally, as discussed above, one purpose
that is served in removing the seven minimum requirements discussed
above is to provide flexibility for innovation. Keeping the requirement
that pellets not contain any of the prohibited fuels does not inhibit
innovation and ensures that these materials are not included in
pellets.
---------------------------------------------------------------------------

    \3\ Pellet Fuels Institute Residential/Commercial Densified Fuel
QA/QC Handbook, Section 6.7, Status November 9, 2018.
---------------------------------------------------------------------------

    The EPA is implementing this prohibition in 40 CFR 60.532(e) and 40
CFR 60.5474(e) by including the requirement that the grading done by
third-party organizations include a certification by the third-party
organization that the pellets do not contain and are not manufactured
from any of the prohibited fuels listed in 40 CFR 60.532(f) and 40 CFR
60.5474(f).
    Finally, interested persons have asked questions about how the
prohibitions in 40 CFR 60.532(f)(12) and 40 CFR 60.5474(f)(12) against
``unseasoned wood'' (which is defined in 40 CFR 60.531 and 40 CFR
60.5473 as wood with an average moisture content at or above 20
percent) applies to pellet fuel. The EPA is clarifying that the
determination of moisture content is made at the end of the
manufacturing process, and the prohibition on unseasoned wood in 40 CFR
60.532(f)(12) and 40 CFR 60.5474(f)(12) does not prohibit the use of
unseasoned wood earlier in the pellet fuel manufacturing process. The
EPA notes that the approved third-party organizations determine
moisture content as part of their examination and grading of the pellet
fuels. For example, PFI's current Standard Specification for
Residential/Commercial Densified Fuel requires a limit of <=8.0 percent
moisture for a premium pellet.\4\
---------------------------------------------------------------------------

    \4\ PFI's November 2018 pellet fuel specifications are available
in the docket for this final action (https://www.regulations.gov/docket?D=EPA-HQ-OAR-2018-0195) and at https://www.pelletheat.org/assets/docs/2018/2018_PFI_Standard%20Specification.pdf.
---------------------------------------------------------------------------

2. Rationale for the Final Pellet Fuel Requirements
    As explained in the EPA's November 2016 Supplemental Response to
Pellet Fuels Institute's Comments for Remand of the Record Based on
Existing Docket for Residential Wood Heaters New Source Performance
Standards,\5\ the EPA has the authority to impose minimum pellet fuel
requirements. As such, for the reasons stated above, the Agency has
decided to retain the list of prohibited fuels in 40 CFR 60.532(f) and
40 CFR 60.5474(f), which applies not only to pellets, but to all wood
fuels burned in residential wood heating devices subject to this rule.
However, the EPA has decided to remove the first seven requirements
currently listed in 40 CFR 60.532(e)(1) through (7) and in 40 CFR
60.5474(e)(1)-(7). The Agency has made this determination for the
following reasons.
---------------------------------------------------------------------------

    \5\ The EPA's November 2016 Supplemental Response to Pellet Fuel
Institute's Comments for Remand of the Record Based on Existing
Docket for Residential Wood Heaters New Source Performance Standards
is available on Regulations.gov in the docket for the 2015 RWH NSPS
at https://www.regulations.gov/document?D=EPA-HQ-OAR-2009-0734-1805.
---------------------------------------------------------------------------

    First, minimum requirements/specifications are already part of
PFI's and other third-parties' requirements and will, therefore, be
imposed by the retained rule requirement that the pellets be certified
by PFI or another EPA-approved third-party. For example, PFI's current
Standard Specifications for Residential/Commercial Densified Fuel
includes requirements on density, dimensions, fines, chlorides, ash,
and trace metals that are similar to those of the 2015 RWH NSPS.\6\ The
remaining requirement--that the pellets contain no demolition or
construction waste--is already contained in the list of prohibited
fuels in 40 CFR 60.532(f) and 40 CFR 60.5474(f), which the Agency is
not altering in this action. The EPA recognizes that PFI and the other
approved third-party organizations might revise their current
specifications to alter or remove these requirements. On that point,
the EPA notes that, first, the third-party organizations had pellet
fuel specifications prior to the EPA's 2015 promulgation of the minimum
pellet fuel requirements (and, in fact, the EPA's 2015 minimum
requirements relied heavily on the third-party specifications).
Further, the third-party organizations' specifications now are as
protective as the pellet fuel specifications that the EPA promulgated
in 2015 and, although the EPA recognizes that the third-party
organizations may revise their specifications to reflect innovations
(as discussed below), there is no reason to conclude that revisions by
the third-party organizations will make their specifications less
protective because of the EPA's action to remove the minimum
requirements in 40 CFR 60.532(e) and 40 CFR 60.5474(e).\7\

Furthermore, if one or more of the third-party organizations were to
revise their specifications in a way that could lead to increases in
emissions, the EPA could conduct a rulemaking to re-impose some or all
of the minimum requirements that we are taking out in this final rule
(and could add additional minimum requirements that are not currently
in the rule).
---------------------------------------------------------------------------

    \6\ PFI's November 2018 pellet specifications are available in
the docket for this final action (https://www.regulations.gov/docket?D=EPA-HQ-OAR-2018-0195) and at https://www.pelletheat.org/assets/docs/2018/2018_PFI_Standard%20Specification.pdf.
    \7\ The EPA acknowledges that it previously held the view that
having the minimum requirements stated in the regulatory text was
needed to prevent them from changing without EPA action. See EPA's
November 2016 Supplemental Response to Pellet Fuel Institute's
Comments for Remand of the Record Based on Existing Docket for
Residential Wood Heaters New Source Performance Standards (Docket ID
Item No. EPA-HQ-OAR-2009-0734-1805), at 8. For the reasons discussed
above in section IV.A, the EPA's policy view on this matter has
changed.
---------------------------------------------------------------------------

    Second, as noted by multiple commenters, the minimum pellet fuel
requirements serve to codify a static list of requirements, until an
updated rule is promulgated. Innovations may occur in the interim
regarding pellet fuel heater technology, which may require an update to
the list of pellet specifications, prior to when a revised rule is
promulgated. The removal of the minimum requirements from 40 CFR
60.532(e)(1) through (7) and 40 CFR 60.5474(e)(1) through (7) will
allow third-party organizations to update their pellet fuel
specifications in step with developments in pellet fuel heater
technology, so as to not delay or preclude innovation that may improve
pellet fuel heater operation and decrease emissions. Thus, this final
action will ensure that the RWH regulations are protective, and at the
same time do not unnecessarily preclude, inhibit, or delay
technological innovation.
3. Clarification Concerning the Burning of Pallets and the Use of
Pallets in Manufacturing Pellet Fuel
    Interested parties have asked the EPA to clarify the scope of the
prohibition on ``pallets'' in 40 CFR 60.532(f)(9). Although the EPA, in
this final action, is not making any change to the regulatory text
concerning pallets, in this preamble, we are clarifying two aspects of
how the prohibited fuels list applies to: (a) The burning of pallets;
and (b) the use of pallets in the manufacture of pellet fuel.
    First, the prohibition on ``pallets'' in 40 CFR 60.532(f)(9) bans
only the use of pressure-treated pallets, because ``pallets'' is part
of the phrase ``pressure-treated wood or pallets'' and the term
``pressure-treated'' is intended to apply both to ``wood'' and to
``pallets.''
    Second, pallets that are contaminated with any of the materials
listed as a prohibited fuel type in 40 CFR 60.532(f) may not be burned
or used to manufacture pellets because such burning or use is barred by
the specific subsection that bans the contaminating material. For
example, manufacturing pellets from pallets contaminated with ``waste
petroleum products, paint or paint thinners, or asphalt products''
(i.e., the language in 40 CFR 60.532(f)(5)) is prohibited by 40 CFR
60.532(f)(5). As a second example, pallets that are contaminated with
asbestos may not be used to make pellets, due to the prohibition
against ``materials containing asbestos'' in 40 CFR 60.532(f)(6).

B. Decision Regarding Promulgating New Sell-Through Provisions

    Based on the comments and data received on the November 30, 2018,
proposal (83 FR 61574), the EPA has decided to take final action on the
proposed sell-through provisions by not promulgating such provisions.
To justify a sell-through, the Agency first requires sufficient data
from manufacturers and retailers demonstrating why a sell-through is
needed. Insufficient data were provided by manufacturers and retailers
to justify a sell-through, especially in light of the fact that in
every residential wood heating device category, there are model lines
certified to meet the Step 2 standards that are already available, and
have been available for considerable time, which supports the
conclusion that the Step 2 standards were achievable. For example, the
record shows that, as of March 2018 (over 2 years before the May 2020
Step 2 deadline), there were Step 2-certified model lines available for
each category of wood heating device (83 FR 61578). According to the
EPA Certified Wood Heater Database,\8\ as of March 5 2020, there were
196 Step 2-certified wood heater model lines and pellet fuel heater
model lines compared with 405 Step 1-certified model lines. This means
that Step 2 model lines represented 33 percent of all certified wood
heater and pellet fuel heater model lines. Likewise, as of March 5,
2020, there were 13 Step 2-certified hydronic heater model lines
compared with 99 Step 1-certified hydronic heater model lines (or 12
percent). An additional 12 of the 99 Step 1-certified hydronic heater
model lines would meet the Step 2 limit, but need to re-test to be
certified. Assuming all these model lines are certified, Step 2
hydronic heater model lines will represent 22 percent of all certified
model lines. Finally, as of March 5, 2020, there were two Step 2-
certified forced-air furnace model lines compared with 18 Step 1-
certified model lines (or 10 percent).
---------------------------------------------------------------------------

    \8\ The EPA Certified Wood Heater Database is available at
https://www.epa.gov/compliance/epa-certified-wood-heater-database.
---------------------------------------------------------------------------

    By contrast, manufacturers did not provide the Agency with
information showing that any manufacturers have tried but failed to
develop Step 2 model lines. Thus, there is no support in the record
showing that manufacturers could not develop Step 2 models in time to:
(1) Have Step 2 models for sale as retailers reduced or discontinued
their purchase of Step 1 models; and (2) allow for manufacturers and
retailers to replace their inventories of Step 1 models with Step 2
models in advance of the May 2020 deadline. In short, the record shows
that some manufacturers have tried and succeeded in developing Step 2
model lines but contains no adequately supported examples of
manufacturers that have tried and failed to develop Step 2 model lines.
    Finally, it is important to note that manufacturers have had since
May 2015 to develop Step 2-compliant wood heating devices, and that
retailers have had since May 2015 to manage their inventory of Step 1-
compliant wood heating devices and replace them with Step 2-compliant
wood heating devices ahead of the May 2020 deadline. The record shows
that Step 2-compliant model lines have been available to retailers for
a considerable amount of time. For example, there were wood heater,
pellet fuel heater, hydronic heater, and forced-air furnace models that
were Step 2-certified starting in 2017 \9\ and, as of March 20, 2018,
more than 2 years before the May 2020 compliance deadline, there were
78 wood heater model lines (44 pellet fuel heaters and 34 wood
heaters), nine hydronic heater model lines and one forced-air furnace
model line certified to Step 2 (83 FR 61578). Further, some model lines
have emissions significantly below the Step 2 standard, showing not
only that it is possible to achieve the Step 2 standard but also that
manufacturers can develop models well below the Step 2 standard.\10\
Based on this record, the Agency has insufficient grounds to conclude
that a sell-through period is needed and to change the established NSPS
and allow a sell-through.
---------------------------------------------------------------------------

    \9\ See the EPA list of certified room heaters and central
heaters at https://cfpub.epa.gov/oarweb/woodstove/index.cfm?fuseaction=app.about.
    \10\ See id., which shows a significant number of Step 2-
certified models with emission rates well below the Step 2 standard
for both room heaters and central heaters.
---------------------------------------------------------------------------

    Regarding the data necessary to justify a sell-through, the EPA
solicited this information in the notice of proposed rulemaking (NPRM)
by posing multiple

questions to stakeholders while requesting comment on the proposed 2-
year sell-through, including, but not limited to, the following
queries:
     Whether retailers are currently declining to purchase Step
1-compliant wood heating devices and how widespread is this reduction
in purchases;
     The cost or other impacts that retailers could have on
manufacturers if they decline to purchase Step 1-compliant wood heating
devices;
     The typical period of time between when a retailer
purchases a wood heating device and when the device is sold to the
consumer;
     What period of time would be sufficient for retailers to
sell their inventory of Step 1-compliant heaters;
     The number of Step 1-compliant wood heating devices that
are currently in production and the number that are being designed for
Step 2 compliance that have not yet been EPA-certified;
     The number of Step 2 wood heating devices that are
currently Step 2-certified; and
     How far in advance of the current May 2020 Step 2
compliance date manufacturers will need to submit their EPA
certification applications to meet the standard as well as manufacture,
market, and distribute their products without disruption to their
business.
    While manufacturers and retailers made qualitative statements
asserting economic harm from stranded inventory if a retail sell-
through was not allowed, these statements were not supported by
contextual data. In fact, commenters did not submit sufficient data to
the Agency in response to the NPRM's solicitations, and in particular,
provided insufficient data showing a percentage decrease in sales
approaching 2020 relative to previous years and/or the percentage of
Step 1 inventory that would be stranded without a sell-through since
the promulgation of the 2015 RWH NSPS.
    As we explained previously, as of March 5, 2020, there were two
Step 2-certified forced-air furnace model lines. Because both model
lines tested for certification using an (Agency-approved) alternative
test method, the Agency undertook a separate action making this
alternative method broadly applicable to model lines that are
electronically or thermostatically controlled.\11\ This means that
forced-air furnace manufacturers may use this test method without
submitting a model-specific rationale to the EPA requesting permission
to use the method. We expect that this broadly applicable alternative
test method for electronically or thermostatically controlled model
lines will allow more forced-air furnaces--both small and large model
lines--to certify to the Step 2 standard and become available to
consumers in the near term.
---------------------------------------------------------------------------

    \11\ See https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods#ATLs for ALT-134, available at: https://www.epa.gov/sites/production/files/2019-08/documents/l.s._bilodeau_steel_product_manufacturing_8-19-2019_0.pdf.
---------------------------------------------------------------------------

    In addition, we note that, as mentioned by several commenters, the
estimated monetized forgone benefits of the proposed sell-through
exceed the estimated cost savings to manufacturers and retailers by a
factor of 10 to 20. As shown in the supplemental Regulatory Impact
Analysis for the proposal, the annual monetized fine particulate
matter-related forgone health benefits of the proposed amendments, from
2019-2022, were $100 million to $230 million (2016 dollars) at a 3-
percent discount rate as compared to annual cost savings to
manufacturers and retailers estimated at $8.3 million (2016 dollars).
These large net forgone benefits (forgone benefits-cost savings) were
another consideration in our decision to not change the 2015 RWH NSPS
to allow a sell-through period with respect to Step 2. Additional
information and assessment regarding potential impacts are provided in
a support document titled: A Qualitative Assessment of Impacts of Not
Including a Sell-Through for Wood Heating Devices, Wood Heaters NSPS--
Draft Support Document--by EPA/OAQPS technical staff dated. March 10,
2020.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected facilities?

    The baseline for measuring quantifiable impacts to affected
facilities is the 2015 RWH NSPS (80 FR 13672). No impacts are
anticipated against this baseline because we are not changing the
compliance deadline required by the 2015 RWH NSPS. We also do not
anticipate any quantifiable impacts from eliminating the seven pellet
fuel requirements in 40 CFR 60.532(e) and 40 CFR 60.5474(e) because
minimum requirements/specifications are already part of third-parties'
requirements and will, therefore, be imposed by the retained rule
requirement that the pellets be certified by an EPA-approved third-
party. However, the change to the pellet fuel minimum requirements will
revise the regulatory requirements to which manufacturers, testing
labs, owners, and operators of pellet-burning wood heaters, pellet-
burning hydronic heaters, and pellet-burning forced air furnaces are
subject.

B. What are the air quality impacts?

    This final action makes a clarification to the prohibited fuel
types, removes from the rule requirements for pellet fuel to meet
certain minimum requirements regarding density, size, and content, and
instead relies on EPA-approved third-party organizations to specify
minimum requirements as part of the pellet fuel certification process.
As discussed in section IV.A.2 of this preamble, we anticipate that the
EPA-approved third-party organizations will continue to specify the
same or similar minimum requirements as required in the 2015 RWH NSPS.
The EPA will continue to monitor these requirements to determine if any
changes to the regulations are needed. In addition to our review of
these requirements, as part of our ongoing collaborations with many
stakeholders (including states, citizen groups, wood heater
manufacturers, and other industry groups), we expect that any concerns
related to third-party requirements would be brought promptly to the
EPA's attention. Also, in this final action, the EPA is deciding not to
finalize changes that would have allowed a sell-through period for Step
1-certified residential wood heating devices that are manufactured
before the May 2020 compliance date to be sold at retail after that
date. In this final action, the Agency is not making any change or
otherwise taking any final action with respect to the original
compliance schedule for both manufacturers and retailers set forth in
the 2015 RWH NSPS (80 FR 13672). Accordingly, there are no air quality
impacts associated with this final action. The air quality impacts
associated with the RWH NSPS were discussed in detail in the March 16,
2015, final RWH NSPS and supporting documentation.

C. What are the cost and economic impacts?

    We did not estimate the cost and economic impacts of the change in
pellet fuel requirements, because we do not anticipate any quantifiable
cost or economic impacts to affected facilities. Manufacturers, testing
labs, owners, and operators of pellet-burning wood heaters, pellet-
burning hydronic heaters, and pellet-burning forced air furnaces will
still be required to burn only pellets graded under a licensing
agreement with an EPA-approved third-party.

D. What are the benefits?

    We did not estimate the benefits of the change in pellet fuel
requirements, because we expect the benefits, forgone or otherwise, to
be minimal. Such

benefits are dependent on emissions reduction changes associated with
this final action and, as discussed in section V.B of this preamble, we
do not anticipate emissions reduction changes relative to the 2015 RWH
NSPS (80 FR 13672).

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at: https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review because it
raises novel legal and policy issues. Any changes made in response to
OMB recommendations have been documented in the docket.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not expected to be subject to Executive Order 13771
because this final rule is expected to result in no more than de
minimis costs or savings.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities in the existing regulations and has assigned OMB control
number 2060-0161 for 40 CFR part 60, subpart AAA, and OMB control
number 2060-0693 for 40 CFR part 60, subpart QQQQ. This action is
believed to result in no changes to the information collection
requirements of the 2015 RWH NSPS, so that the information collection
estimate of project cost and hour burden from the 2015 final rule have
not been revised.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This final rule will not impose any new
requirements on any entities because it does not impose any additional
regulatory requirements relative to those specified in the 2015 RWH
NSPS. We have, therefore, concluded that this action will have no net
regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any
state, local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This rule will not impose any requirements on
tribal governments. Thus, Executive Order 13175 does not apply to this
action. Consistent with the EPA Policy on Consultation and Coordination
with Indian Tribes, the EPA will provide outreach through the National
Tribal Air Association and will offer consultation to tribal officials.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. Because this final action will not result in air quality
impacts relative to the 2015 RWH NSPS, as noted in section V.B of this
preamble, we do not anticipate a change in risk to anyone, including
children. Further, as noted in the preamble to the 2015 RWH NSPS, the
EPA does not believe that the environmental health risks or safety
risks addressed by the 2015 RWH NSPS presents a disproportionate risk
to children based on distributional assessments of effects from
residential wood smoke emissions (see 80 FR 13700).

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). As
noted in the preamble to the 2015 RWH NSPS, the EPA believes that the
human health or environmental risk addressed by the 2015 RWH NSPS will
not have potential disproportionately high and adverse human health or
environmental effects on minority, low-income, or indigenous
populations from residential wood smoke emissions (see 80 FR 13701).
Because this final action does not have air quality impacts relative to
the 2015 RWH NSPS, as discussed in section V.B of this preamble, it
will not alter the EPA's prior findings that, on a nationwide basis,
cancer risks due to residential wood smoke emissions among
disadvantaged population groups generally are lower than the risks for
the general population due to residential wood smoke emissions.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative Practice and Procedure.

    Dated: March 11, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR
part 60 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AAA--Standards of Performance for New Residential Wood
Heaters

0
2. Section 60.532 is amended by revising paragraph (e) to read as
follows:

Sec.  60.532  What standards and associated requirements must I meet
and by when?

* * * * *
    (e) Pellet fuel requirements. Operators of wood heaters that are
certified to burn pellet fuels may burn only pellets that have been
specified in the owner's manual and graded under a licensing agreement
with a third-party organization approved by the EPA (including a
certification by the third-party organization that the pellets do not
contain, and are not manufactured from, any of the prohibited fuels in
paragraph (f) of this section). The Pellet Fuels Institute, ENplus, and
CANplus are initially deemed to be approved third-party organizations
for this purpose, and additional organizations may apply to the
Administrator for approval.
* * * * *

Subpart QQQQ--Standards of Performance for New Residential Hydronic
Heaters and Forced-Air Furnaces

0
3. Section 60.5474 is amended by revising paragraph (e) to read as
follows:

Sec.  60.5474   What standards and requirements must I meet and by
when?

* * * * *
    (e) Pellet fuel requirements. Operators of wood central heaters,
including outdoor residential hydronic heaters, indoor residential
hydronic heaters, and residential forced-air furnaces, that are
certified to burn pellet fuels may burn only pellets that have been
specified in the owner's manual and graded under a licensing agreement
with a third-party organization approved by the EPA (including a
certification by the third-party organization that the pellets do not
contain, and are not manufactured from, any of the prohibited fuels in
paragraph (f) of this section). The Pellet Fuels Institute, ENplus, and
CANplus are initially deemed to be approved third-party organizations
for this purpose, and additional organizations may apply to the
Administrator for approval.
* * * * *

[FR Doc. 2020-05961 Filed 4-1-20; 8:45 am]
BILLING CODE 6560-50-P


 Granting Petitions to Add n-Propyl Bromide to the List of Hazardous Air Pollutants

The following are references used in EPA's technical review of the health effects of n-propyl bromide.

REFERENCES

Banu, S; Ichihara, S; Huang, F; Ito, H; Inaguma, Y; Furuhashi, K; Fukunaga, Y; Wang, Q; Kitoh, J; Ando, H; Kikkawa, F; Ichihara, G. (2007). Reversibility of the adverse effects of 1-bromopropane exposure in rats. Toxicol Sci 100: 504-512. http://dx.doi.org/10.1093/toxsci/kfm245
Fueta, Y; Ishidao, T; Ueno, S; Yoshida, Y; Kunugita, N; Hori, H. (2007). New approach to risk assessment of central neurotoxicity induced by 1-bromopropane using animal models. Neurotoxicology 28: 270-273. http://dx.doi.org/10.1016/j.neuro.2006.05.003
Garner, CE; Sloan, C; Sumner, SC; Burgess, J; Davis, J; Etheridge, A; Parham, A; Ghanayem, BI. (2007). CYP2E1-catalyzed oxidation contributes to the sperm toxicity of 1-bromopropane in mice. Biol Reprod 76: 496-505. http://dx.doi.org/10.1095/biolreprod.106.055004
Honma, T; Suda, M; Miyagawa, M. (2003). Inhalation of 1-bromopropane causes excitation in the central nervous system of male F344 rats. Neurotoxicology 24: 563-575. http://dx.doi.org/10.1016/S0161-813X(03)00049-4
Ichihara, G; Kitoh, J; Yu, X; Asaeda, N; Iwai, H; Kumazawa, T; Shibata, E; Yamada, T; Wang, H; Xie, Z; Takeuchi, Y. (2000). 1-Bromopropane, an alternative to ozone layer depleting solvents, is dose-dependently neurotoxic to rats in long-term inhalation exposure. Toxicol Sci 55: 116-123. http://dx.doi.org/10.1093/toxsci/55.1.116
Ichihara, G; Li, W; Shibata, E; Ding, X; Wang, H; Liang, Y; Peng, S; Itohara, S; Kamijima, M; Fan, Q; Zhang, Y; Zhong, E; Wu, X; Valentine, WM; Takeuchi, Y. (2004). Neurologic abnormalities in workers of a 1-bromopropane factory. Environ Health Perspect 112: 1319-1325. http://dx.doi.org/10.1289/ehp.6995
Ichihara, G; Miller, JK; Ziolkokwska, A; Itohara, S; Takeuchi, Y. (2002). Neurological disorders in three workers exposed to 1-bromopropane. J Occup Health 44: 1-7. http://dx.doi.org/10.1539/joh.44.1
Li, W; Shibata, E; Zhou, Z; Ichihara, S; Wang, H; Wang, Q; Li, J; Zhang, L; Wakai, K; Takeuchi, Y; Ding, X; Ichihara, G. (2010). Dose-dependent neurologic abnormalities in workers exposed to 1-bromopropane. J Occup Environ Med 52: 769-777. http://dx.doi.org/10.1097/JOM.0b013e3181eaded7
Liu, F; Ichihara, S; Mohideen, SS; Sai, U; Kitoh, J; Ichihara, G. (2009). Comparative study on susceptibility to 1-bromopropane in three mice strains. Toxicol Sci 112: 100-110. http://dx.doi.org/10.1093/toxsci/kfp173
Majersik, JJ; Caravati, EM; Steffens, JD. (2007). Severe neurotoxicity associated with exposure to the solvent 1-bromopropane (n-propyl bromide). Clin Toxicol 45: 270-276. http://dx.doi.org/10.1080/15563650701226218
NTP-CERHR (NTP Center for the Evaluation of Risks to Human Reproduction). (2003). NTP-CERHR monograph on the potential human reproductive and developmental effects of 1-bromopropane [NTP]. (NIH Publication No. 04-4479). Research Triangle Park, NC: National Toxicology Program. http://ntp.niehs.nih.gov/ntp/ohat/bromopropanes/1-bromopropane/1BP_monograph.pdf
NTP (National Toxicology Program). (2011). Toxicology and carcinogenesis studies of 1-bromopropane (CAS No. 106-94-5) in F344/N rats and B6C3F1 mice (inhalation studies) [NTP] (pp. 1-190). (NTP TR 564; NIH Publication No. 11-5906). Research Triangle Park, NC. http://ntp.niehs.nih.gov/ntp/htdocs/LT_rpts/TR564.pdf
NTP (National Toxicology Program). (2014). Report on carcinogens. Thirteenth edition. Research Triangle Park, NC: U.S. Department of Health and Human Services, Public Health Service. http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html
Ohnishi, A; Ishidao, T; Kasai, T; Arashidani, K; Hori, H. (1999). [Neurotoxicity of 1-bromopropane in rats]. J UOEH 21: 23-28.
Perrone, J; Mazer, M; Deroos, FJ. (2008). Encephalopathy and peripheral neuropathy secondary to 1-bromopropane toxicity. Clin Toxicol 46: 417-417.
Sclar, G. (1999). Encephalomyeloradiculoneuropathy following exposure to an industrial solvent. Clin Neurol Neurosurg 101: 199-202. http://dx.doi.org/10.1016/S0303-8467(99)00034-7
Suda, M; Honma, T; Miyagawa, M; Wang, RS. (2008). Alteration of brain levels of neurotransmitters and amino acids in male F344 rats induced by three-week repeated inhalation exposure to 1-bromopropane. Ind Health 46: 348-359. http://dx.doi.org/10.2486/indhealth.46.348
U.S. EPA (U.S. Environmental Protection Agency). (2007). Protection of stratospheric ozone: Listing of substitutes for ozone-depleting substances-n-propyl bromide in solvent cleaning. Fed Reg 72: 30142-30167.
U.S. EPA (U.S. Environmental Protection Agency). (2014). Summary report: State-of-the-science workshop on chemically-induced mouse lung tumors: Applications to human health assessments. (600R14002). http://cfpub.epa.gov/ncea/risk/recordisplay.cfm?deid=291094&CFID=40888511&CFTOKEN=98632970
U.S. EPA (U.S. Environmental Protection Agency). (2015). Addition of 1-Bromopropane: Community -Right -To -Know Toxic Chemicals Release Reporting. Fed Reg 80: 20189-20195.
U.S. EPA (U.S. Environmental Protection Agency). (2016). TSCA work plan chemical risk assessment: Peer review draft 1-bromopropane: (n-Propyl bromide) spray adhesives, dry cleaning, and degreasing uses CASRN: 106-94-5 [EPA Report]. (EPA 740-R1-5001). Washington, DC. https://www.epa.gov/sites/production/files/2016-03/documents/1-bp_report_and_appendices_final.pdf
U.S. EPA OEI (U.S. Environmental Protection Agency, Office of Environmental Information). (2014). Memorandum from Jocelyn Hospital, Toxicologist, Analytical Support Branch to Sandra Gaona, Acting Chief, Analytical Support Branch. November 3, 2014. Subject: Review of National Toxicology Program (NTP) Cancer Classification Data for 1- bromopropane. https://www.regulations.gov/document?D=EPA-HQ-TRI-2015-0011-0047
Wang, H; Ichihara, G; Ito, H; Kato, K; Kitoh, J; Yamada, T; Yu, X; Tsuboi, S; Moriyama, Y; Sakatani, R; Shibata, E; Kamijima, M; Itohara, S; Takeuchi, Y. (2002). Biochemical changes in the central nervous system of rats exposed to 1-bromopropane for seven days. Toxicol Sci 67: 114-120. http://dx.doi.org/10.1093/toxsci/67.1.114
WIL Research (WIL Research Labs). (2001). An inhalation two-generation reproductive toxicity study of 1-bromopropane in rats. (Study No. WIL-380001). Ashland, OH.
Yamada, T; Ichihara, G; Wang, H; Yu, X; Maeda, K; Tsukamura, H; Kamijima, M; Nakajima, T; Takeuchi, Y. (2003). Exposure to 1-bromopropane causes ovarian dysfunction in rats. Toxicol Sci 71: 96-103. http://dx.doi.org/10.1093/toxsci/71.1.96
Yu, X; Ichihara, G; Kitoh, J; Xie, Z; Shibata, E; Kamijima, M; Takeuchi, Y. (2001). Neurotoxicity of 2-bromopropane and 1-bromopropane, alternative solvents for chlorofluorocarbons. Environ Res 85: 48-52. http://dx.doi.org/10.1006/enrs.2000.4226