[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Proposed Rules]
[Pages 61574-61585]
[FR Doc No: 2018-26083]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2018-0195; FRL-9987-37-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: Proposed rule.

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SUMMARY: In this action, the EPA proposes to amend the 2015 New Source
Performance Standards (NSPS) for new residential hydronic heaters and
new forced-air furnaces by adding a two-year ``sell-through'' period
for all affected new hydronic heaters and forced-air furnaces that are
manufactured or imported before the May 2020 compliance date to be sold
at retail through May 2022. This will allow retailers additional time,
after the May 2020 effective date of the ``Step 2'' standards, for the
sale of ``Step 1'' compliant hydronic heaters and forced-air furnaces
remaining in inventory. The EPA is also taking comment on whether a
sell-through period for all affected new residential wood heaters is
appropriate following the May 2020 compliance date and, if so, how long
a sell-through period is needed and why. In addition, this action is
taking comment on whether the current minimum pellet fuel requirements
should be retained and, if so, whether they should be revised.

DATES:
    Comments. Comments must be received on or before January 14, 2019.
Under the Paperwork Reduction Act (PRA), comments on the information
collection provisions are best assured of consideration if the Office
of Management and Budget (OMB) receives a copy of your comments on or
before December 31, 2018.
    Public Hearing. The EPA will hold a public hearing on December 17,
2018, in Washington, DC. Please refer to the FOR FURTHER INFORMATION
CONTACT section for information on registering for the hearing and the
SUPPLEMENTARY INFORMATION section for additional information on the
public hearing.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2018-0195, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. See SUPPLEMENTARY
INFORMATION for details about how the EPA treats submitted comments.
Regulations.gov is our preferred method of receiving comments. However,
the following other submission methods are also accepted:
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2018-0195 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2018-0195.
     Mail: To ship or send mail via the United States Postal
Service, use the following address: U.S. Environmental Protection
Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2018-0195, Mail
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: Use the following Docket Center
address if you are using express mail, commercial delivery, hand
delivery, or courier: EPA Docket Center, EPA WJC West Building, Room
3334, 1301 Constitution Avenue NW, Washington, DC 20004. Delivery
verification signatures will be available only during regular business
hours.
    Public Hearing. The hearing will be held at EPA Headquarters, EPA
WJC East Building, Room 1117A&B, 1201 Constitution Avenue NW,
Washington, DC 20004. The hearing will convene at 8:00 a.m. local time
and conclude at 6:00 p.m. local time. The EPA will end the hearing two
hours after the last registered speaker has concluded their comments
but no later than 6:00 p.m. local time. Two 15-minute breaks and a
lunch break will be scheduled as time will allow depending on the
number of registered speakers.
    Because this hearing is being held at a U.S. government facility,
individuals planning to attend the hearing should be prepared to show
valid picture identification to the security staff in order to gain
access to the meeting room. Please note that the REAL ID Act, passed by
Congress in 2005, established new requirements for entering federal
facilities. For purposes of the REAL ID Act, the EPA will accept
government-issued IDs, including driver's licenses from the District of
Columbia and all

states and territories except from American Samoa. If your
identification is issued by American Samoa, you must present an
additional form of identification to enter the federal building where
the public hearing will be held. Acceptable alternative forms of
identification include: federal employee badges, passports, enhanced
driver's licenses, and military identification cards. For additional
information for the status of your state regarding REAL ID, go to:
https://www.dhs.gov/real-id-frequently-asked-questions. Any objects
brought into the building need to fit through the security screening
system, such as a purse, laptop bag, or small backpack. Demonstrations
will not be allowed on federal property for security reasons.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Ms. Amanda Aldridge, Outreach and Information Division,
Mail Code: C304-05, 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 protected]. For information about the
applicability of the NSPS to a particular entity, contact Dr. Rafael
Sanchez, Office of Enforcement and Compliance Assurance, U.S.
Environmental Protection Agency, EPA WJC South Building (Mail Code
2227A), 1200 Pennsylvania Avenue NW, Washington DC 20460; telephone
number:<PHONE_NUMBER>; and email address: [email protected].
    Public Hearing. The EPA will begin pre-registering speakers for the
hearing upon publication of this document in the Federal Register. To
register to speak at the hearing, please use the online registration
form available at https://www.epa.gov/residential-wood-heaters, or
contact Regina Chappell at<PHONE_NUMBER> to register to speak at the
hearing. The last day to pre-register to speak at the hearing will be
December 13, 2018. On December 13, 2018, the EPA will post at https://www.epa.gov/residential-wood-heaters a general agenda for the hearing
that will list pre-registered speakers in approximate order. The EPA
will make every effort to follow the schedule as closely as possible on
the day of the hearing; however, please plan for the hearing to run
either ahead of schedule or behind schedule. Additionally, requests to
speak will be taken the day of the hearing at the hearing registration
desk. The EPA will make every effort to accommodate all speakers who
arrive and register, although preferences on speaking times may not be
able to be fulfilled.

SUPPLEMENTARY INFORMATION: Public Hearing. Each commenter will have 5
minutes to provide oral testimony. The EPA encourages commenters to
provide the EPA with a copy of their oral testimony electronically (via
email) or in hard copy form.
    The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Commenters
should notify Regina Chappell if there are special needs related to
providing comments at the hearings. Verbatim transcripts of the
hearings and written statements will be included in the docket for this
rulemaking.
    Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/residential-wood-heaters. While
the EPA expects the hearing to go forward as set forth above, please
monitor our website or contact Regina Chappell at<PHONE_NUMBER> or
[email protected] to determine if there are any updates. The EPA
does not intend to publish a document in the Federal Register
announcing updates.
    The EPA will not provide audiovisual equipment for presentations.
Any media presentations should be submitted to the public docket at
https://www.regulations.gov/, identified by Docket ID No. EPA-HQ-OAR-
2018-0195. The EPA must receive comments on the proposed action no
later than January 14, 2019.
    If you require the service of a translator or special
accommodations such as audio description, please pre-register for the
hearing and describe your needs by December 13, 2018. We may not be
able to arrange accommodations without advanced notice.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2018-0195. All documents in the docket are
listed in the Regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (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. Publicly available docket materials are available either
electronically in Regulations.gov or in hard copy at the EPA Docket
Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the EPA Docket Center is<PHONE_NUMBER>.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2018-0195. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov or email. This
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov website is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any digital
storage media you submit. If the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
EPA may not

be able to consider your comment. Electronic files should not include
special characters or any form of encryption and be free of any defects
or viruses. For additional information about the EPA's public docket,
visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through http://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI for
inclusion in the public docket. If you submit any digital storage media
that does not contain CBI, mark the outside of the digital storage
media clearly that it does not contain CBI. Information not marked as
CBI will be included in the public docket and the EPA's electronic
public docket without prior notice. Information marked as CBI will not
be disclosed except in accordance with procedures set forth in 40 Code
of Federal Regulations (CFR) part 2. Send or deliver information
identified as CBI only to the following address: OAQPS Document Control
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2018-0195.
    Preamble Acronyms and Abbreviations. The Agency uses multiple
acronyms and terms in this preamble. While this may not be an
exhaustive list, to ease the reading of this preamble and for reference
purposes, the following terms and acronyms are defined here:

BSER Best System of Emissions Reduction
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CO Carbon Monoxide
EAV Equivalent Annual Value
EPA U.S. Environmental Protection Agency
EJ Environmental Justice
FR Federal Register
HAP Hazardous Air Pollutant(s)
HPBA Hearth, Patio and Barbecue Association
NAICS North American Industry Classification System
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OAQPS Office of Air Quality Planning and Standards (U.S. EPA)
OECA Office of Enforcement and Compliance Assurance (U.S. EPA)
OMB Office of Management and Budget
PM Particulate Matter
PM2.5 Particulate Matter with an aerodynamic diameter of
2.5 micrometers or less (``fine particles'')
PV Present Value
R&D Research and Development
RIA Regulatory Impact Analysis
RTC Response to Comments
tpy tons per year
U.S. United States
U.S.C. United States Code
UMRA Unfunded Mandates Reform Act
VOC Volatile Organic Compound
Wood heaters Refers to all appliances covered in 40 CFR part 60,
subpart AAA--woodstoves & pellet stoves

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

I. General Information
    A. Executive Summary
    B. Does this action apply to me?
    C. How do I obtain a copy of this document and other related
information?
II. Background
    A. Statutory Background
    B. Regulatory Background
III. Proposed Action
IV. Request for Comments on Wood Heaters (40 CFR Part 60, Subpart
AAA)
V. Request for Comments on Pellet Fuel Requirements
VI. Impacts of This Proposed Rule
    A. What are the air impacts?
    B. What are the energy impacts?
    C. What are the cost savings?
    D. What are the economic and employment impacts?
    E. What are the forgone benefits of the proposed rule?
VII. 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) and
1 CFR part 51
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Executive Summary

    On March 16, 2015 (80 FR 13672), the Environmental Protection
Agency (EPA) finalized the NSPS for new residential wood heaters, new
residential hydronic heaters, and new forced-air furnaces. For this
action, 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, for this action, the term wood heating devices refers to all
units regulated by the 2015 NSPS (40 CFR part 60, subparts AAA and
QQQQ).
    In this action, the EPA proposes to amend 40 CFR part 60, subpart
QQQQ of the 2015 NSPS by adding a two year ``sell-through'' period for
retailers to sell new hydronic heaters and forced-air furnaces that are
manufactured or imported before the May 2020 compliance date and are
compliant with the ``Step 1'' standards. This will allow 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 inventory. The EPA is also taking comment on
whether a sell-through period for retailers to sell new residential
wood heaters (40 CFR part 60, subpart AAA) is appropriate following the
May 2020 compliance date and, if so, how long a sell-through period is
needed and why. In addition, this action is taking comment on whether
the current minimum pellet fuel requirements should be retained or
revised. In the 2015 Final Rule Preamble (at 80 FR at 13682/2), 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.''
    The Agency estimated the cost and benefits of the proposed rule by
developing a memorandum (supplemental RIA) \1\ to supplement the
Regulatory Impact Analysis prepared for the 2015 Final Rule. This
memorandum acknowledges uncertainty driven by consumer, manufacturer,
and retailer response to this proposed ``sell-through'' period and
evaluates three scenarios. Section VII.A of this preamble summarizes
the information in that supplemental RIA. Given the nature of this
rule, costs are presented

here as the forgone benefits of forgone emission reductions. We
estimate the average annual cost savings to be $0.01 billion. We
estimate the average annual forgone benefits to be $0.10 billion to
$0.23 billion at a 3 percent discount rate and $0.09 billion to $0.21
billion at a 7 percent discount rate. The Agency represents the
benefits as cost savings, which the Agency estimates as the increase in
revenues to manufacturers and retailers of affected hydronic heaters
and forced air furnaces. Estimated costs and benefits reflect the
average annual impacts for the 2019 to 2022 timeframe, which are the
implementation years analyzed in the supplemental RIA. All estimates in
the supplemental RIA reflect the primary scenario analyzed for this
proposal (which estimates the number of affected wood heaters available
during the sell-through period with no change in wood heater production
as estimated in the 2015 NSPS). Results are also provided in the
supplemental RIA for wood heaters covered by 40 CFR part 60, subpart
AAA, which are wood heating devices not included in the proposed 2-year
sell-through extension but for which comments are requested to
determine if they should be.
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    \1\ U.S. EPA. Memorandum: Supplemental Regulatory Impact
Analysis (RIA)--Estimated Cost Savings and Forgone Benefits
Associated with the Proposed Rule, ``Standards of Performance for
New Residential Wood Heaters, New Residential Hydronic Heaters and
Forced-Air Furnaces.''
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B. Does this action apply to me?

    Table 1 of this preamble lists categories and entities that are the
subject of this proposal. Table 1 is not intended to be exhaustive, but
rather provides a guide for readers regarding the entities likely to be
affected by this proposed action. These standards, and any changes
considered in this rulemaking, are directly applicable to sources as a
federal program. Other federal, state, local and tribal government
entities are not directly affected by this action.

           Table 1--Source Categories Affected by This Action
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                                                  Examples of regulated
            Category             NAICS Code \1\          entities
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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.
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\1\ North American Industry Classification System.

C. How do I obtain a copy of this document and other related
information?

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

II. Background

A. Statutory Background

    Section 111 of the Clean Air Act (CAA) requires the EPA
Administrator to list categories of stationary sources that, in his or
her judgment, cause or contribute significantly to air pollution which
may reasonably be anticipated to endanger public health or welfare. The
EPA must then issue ``standards of performance'' for new sources in
such source categories. The EPA has the authority to define the source
categories, determine the pollutants for which standards should be
developed, and identify within each source category the facilities for
which standards of performance would be established.
    CAA section 111(a)(1) defines ``a standard of performance'' as ``a
standard for emissions of air pollutants which reflects the degree of
emission limitation achievable through the application of the best
system of emission reduction which (taking into account the cost of
achieving such reduction and any non-air quality health and
environmental impact and energy requirement) the Administrator
determines has been adequately demonstrated.'' This definition makes
clear that the standard of performance must be based on controls that
constitute ``the best system of emission reduction (BSER).'' The
standard that the EPA develops, based on the BSER, is commonly a
numerical emission limit, expressed as a performance level. As provided
in CAA 111(b)(5), the EPA does not prescribe a specific technology that
must be used to comply with a standard of performance. Rather, sources
generally can select any measure or combination of measures that will
achieve the emission level of the standard.
    The Residential Wood Heaters source category is different from most
NSPS source categories in that it is for mass-produced residential
consumer products. Thus, important elements in determining BSER 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 promulgation of the NSPS. Given this statutory
requirement, as discussed more fully in the Federal Register notice for
the 2015 NSPS rulemaking (80 FR 13672), the EPA adopted the stepped
(phased) approach for residential wood heaters, hydronic heaters and
forced-air furnaces to provide sufficient implementation time for
manufacturers and retailers to comply with Step 2 limits.

B. Regulatory Background

    Residential wood heaters were originally listed under CAA section
111(b) in February 18, 1987 (see 52 FR 5065). The NSPS for wood heaters
(40 CFR part 60, subpart AAA) was proposed on February 18, 1987 (see 52
FR 4994) and promulgated on February 26, 1988 (see 53 FR 5859) (1988
Wood Heater NSPS). The NSPS was amended in 1998 to address an issue
related to certification testing (see 63 FR 64869).
    On February 3, 2014, the EPA proposed revisions to the NSPS (See 79
FR 6330) and promulgated revisions on March 16, 2015 (See 80 FR 13672).
The final 2015 NSPS updated the 1988 Wood Heater NSPS emission limits,
eliminated exemptions over a broad suite of residential wood combustion
devices, and updated test methods and the certification process. The
2015 NSPS also added a new subpart (40 CFR part 60, subpart QQQQ) that
covers new wood burning residential hydronic heaters and new forced-air
furnaces. It also directs owners of pellet or wood chip heaters to burn
only the fuel

specified in the owner's manual and that meet certain minimum
requirements.
    As a part of the 2015 rulemaking, the EPA identified the percentage
of wood heaters estimated to be meeting the Step 2 standards prior to
promulgation of the 2015 NSPS as 70 percent of pellet stoves and 26
percent of wood stoves. Similarly, 18 percent of hydronic heaters were
meeting the Step 2 standards prior to promulgation of the 2015 NSPS,
while the limited dataset for forced-air furnaces showed no models
meeting the Step 2 standards prior to promulgation of the 2015 NSPS. As
of March 20, 2018, there were a total of 78 models (44 pellet models
and 34 crib/cord wood) that met the Step 2 standard for wood heaters
(as required under 40 CFR 60.532(b) or 60.532(c)), nine models that met
the Step 2 standard for hydronic heaters (as required under 40 CFR
60.5474(a)(2) or (b)(3)) and one model that met the Step 2 standard for
forced-air furnaces (as required under 40 CFR 60.5474(a)(6)). The
inventory of certified models as of March 2018 is provided in the
document titled: ``List of EPA certified Wood Heating Devices March
2018,'' which is available in the docket and at the website https://www.epa.gov/compliance/wood-heater-compliance-monitoring-program.
    In promulgating the 2015 NSPS, the EPA took a ``stepped compliance
approach'' in which certain ``Step 1'' standards became effective in
May 2015 and more stringent ``Step 2'' standards would become effective
five years later, in May 2020.
    A major component of demonstrating compliance with either Step 1 or
Step 2 is a certification test, using an EPA approved test method, for
a given wood heating device. Among other requirements, the emissions
from the certification test cannot exceed the emission limit for the
standard for which it is certifying (either Step 1 or Step 2). It is
worth noting that, because these certification test methods were
developed outside of the 2015 NSPS, certification test methods have
their own requirements independent of the 2015 NSPS, such as fuel
requirements.
    The 2015 NSPS included a sell-through provision which allowed seven
and a half months for retailers to sell current wood heater and
hydronic heater non-compliant inventory (Step 1 sell-through). No sell-
through provision was provided for forced-air furnaces because small
forced-air furnaces did not have to comply with a numerical emission
standard until May 2016, and large forced-air furnaces did not have to
comply with a numerical emission standard until May 2017 (see 80 FR
13682 and 13685). While manufacturers could no longer make units that
were not certified for the Step 1 standard (after the May 2015 Step 1
effective date), the Step 1 sell-through allowed retailers several
months to sell their existing inventory that was not Step 1 compliant.
The 2015 NSPS provided no such sell-through provision for the more
stringent Step 2 standards that are currently scheduled to become
effective in May 2020. The Step 1 and Step 2 standards are discussed
further below.

III. Proposed Action

    In promulgating the 2015 NSPS, the EPA took a stepped compliance
approach to implementing the emission limits for the rule. The Step 1
standard was intended to codify emission limits that were already being
met. For wood heaters, (40 CFR part 60, subpart AAA), the Step 1 limit
was based on the Washington State standard that had been in effect
since 1995 and had been met by most wood heater manufacturers. For
hydronic heaters, the Step 1 emission limit was based on the 2010 Phase
2 Voluntary Hydronic Heater Program. Step 1 for forced-air furnaces was
what the EPA concluded would be immediately achievable based on a
limited dataset.
    The Step 1 standard went into effect in May 2015, and Step 2
becomes effective in May 2020 (see discussion at 80 FR 13676-13677).
For the Step 1 standards, the EPA provided a ``sell-through'' period of
seven and a half months, until December 2015, to allow retailers
additional time after the effective date of the rule to sell the non-
compliant wood heaters and hydronic heaters remaining in inventory (see
80 FR 13685). Specifically, the 2015 NSPS allowed non-compliant wood
heaters and hydronic heaters manufactured before May 15, 2015, to be
imported and/or sold at retail through December 31, 2015 (see 40 CFR
60.532(a) and 60.5474(a)(1)).\2\ For the Step 2 standards, the EPA did
not provide a sell-through period following the May 2020 compliance
date. The EPA concluded at the time that the 5-year period leading up
to the May 2020 Step 2 compliance date would provide manufacturers with
sufficient lead time to develop, test, and certify Step 2-compliant
wood heating devices. Meanwhile, in the time before the Step 2-
certified models were available for sale, both manufacturers and
retailers would be able to continue making and selling Step 1-certified
wood heating devices (see 80 FR 13676). The EPA provided further
explanation in the 2015 Response to Comments (RTC) document (Docket ID
EPA-HQ-OAR-2009-0734). On page 99 of the RTC, the EPA noted that the 5-
year period from 2015 to 2020 ``matches the window of time many
manufacturers noted they would need to conduct research and development
(R&D) and bring a new model to market,'' and on page 231 of the RTC,
the EPA concluded that Step 2 standards provide ``appropriate lead
times for manufacturers to redesign their model lines to accommodate
the improved technology across multiple model lines and test, field
evaluate, and certify new model lines.''
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    \2\ The EPA did not provide any sell-through period for forced-
air furnaces, because the EPA determined that the requirements that
became effective for these heaters in May 2015 (to revise the owner
manuals, and training and marketing materials) could be accomplished
without disrupting sales and creating undue burden on manufacturers
or retailers. See 80 FR 13682 and 13685.
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    Recently, the EPA has learned from manufacturers and retailers that
a substantial number of retailers are already reducing or even ending
their purchases of Step 1-certified wood heating devices from the
manufacturers because they are concerned that they will not be able to
sell these devices before the May 2020 Step 2 compliance date and will
be left with unsaleable inventory.\3\ Additionally, some

manufacturers have indicated that they will need until May 2020 to
develop, test, and certify wood heating devices to meet the 2020 Step 2
standards. As a result, manufacturers may face revenue losses as
retailers are not willing to buy the Step 1-certified models and the
Step 2-certified models have not yet been developed, tested, and
certified. Further, as May 2020 approaches, the EPA expects that
retailers will become increasingly reluctant to purchase non-Step 2-
compliant wood heating devices which they will not be able to sell
after May 2020, resulting in stranded capital. The EPA also
acknowledges that the price differential between the Step 2 models and
Step 1 models may dampen demand for these heaters and could result in
consumers declining to purchase new heaters altogether (although the
supplemental RIA does not examine this consumer response in detail).
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    \3\ The following statements from various groups or individuals
demonstrate these concerns:
    Hearth, Patio & Barbecue Association (HPBA): As time goes on and
we get closer to the May 2020 effective date, retailers will reduce
their purchase orders of Step 1 products. We are already seeing this
happen today--a full two years before the effective date of Step 2.
If orders are decreased or cut off, this implies that manufacturing
is also being cut off or decreased. (May 31, 2018, response to
request for information from the EPA.)
    Frank Moore (President & Owner, Hardy Manufacturing): Like
manufacturers, retailers are making business decisions right now
based on the Step 2 2020 requirements. It can sometimes take up to
five years for a retailer to sell a hearth product from the time
they purchase it from a manufacturer. With that in mind, many
retailers aren't purchasing products from manufacturers that don't
already meet the 2020 requirements. Even though it is still 2017, in
practice the effective date is already having an impact. (September
13, 2017, testimony before the House Committee on Energy & Commerce
Subcommittee on the Environment in support of H.R. 453 (the Relief
from New Source Performance Standards Act)).
    Mark Freeman (Owner, Kuma Stoves): SELL THROUGH--This is the
most immediate need. I can't tell you how important this is to
provide sell-through relief for manufacturers of AAA appliances as
well as for the QQQQ manufacturers. Already we are seeing Early-buy
orders for the 2018 season being affected from our dealers who are
worried about having stock that they won't be able to sell by May
2020. We need this as it is hurting my business and our industry.
(May 1, 2018, email to the EPA.)
    Chris Neufeld (Vice President, Blaze King): The 2015 New Source
Performance Standards failed to provide a sell through date. The
magnitude of this omission in the 2015 NSPS is growing and growing
quickly. Here is what we have learned from my visits to nearly 60
retail locations in the past 3 months:
    1. Retailers are hesitant to order products that are set to
expire on May 15th, 2020.
    2. Compounding their concerns, by some estimates, there are
100,000 or more wood and pellet heaters in showrooms across the
country that must be sold by May 15th, 2020. Based on these
estimates, this could represent an entire year of industry sales.
This does not include inventory held by distributors.
    3. Dealers expressed real concern that excessive discounting
will result and in turn cause their small businesses to become
vastly less profitable resulting in layoffs or closure.
    4. Retailers are hesitant to schedule summer and fall
participation is fairs, home shows and other costly public events,
which will reduce profitability.
    As a manufacturer, one that has acted in good faith, this could
hurt our company to an insurmountable degree. Even though our
company and others may demonstrate compliance in advance of May 15,
2020, the very real threat is retailers stop ordering our products
in an effort to sell off all the products with the expiration date
of May 15, 2020. This matter is very time sensitive. A decision to
provide an extension needs to be communicated soon and effectively
so as to avoid a serious disruption to our business and that of
retailers. (June 1, 2018, email to the EPA.)
---------------------------------------------------------------------------

    To address this situation, the EPA is proposing to amend the 2015
NSPS, 40 CFR part 60, subpart QQQQ requirements to create a two-year
sell-through period for retailers after the Step 2 compliance date that
is similar to the Step 1 sell-through period. The EPA is proposing an
amendment that will allow Step 1-compliant hydronic heaters and forced-
air furnaces manufactured or imported before May 15, 2020, to be sold
at retail through May 15, 2022. The EPA is not proposing any changes to
its BSER determination and is not proposing any changes to the 5-year
compliance period for Step 2 or the associated May 2020 compliance
date. As stated in the March 16, 2015, notice of final rulemaking, the
EPA concluded that:
     A final hydronic heater Step 2 emission level of 0.10 lb/
mmBtu within 5 years as BSER is a reasonable balance of environmental
impacts and costs; and
     a final forced-air furnace Step 2 emission level of 0.15
lb/mmBtu within 5 years as BSER is a reasonable balance of
environmental impacts and costs.
    While the EPA is soliciting comment on the compliance date for the
Step 2 emission limits in a separate Federal Register notice, this
notice of proposed rulemaking maintains the Agency's 2015 BSER
determination, while at the same time seeking to ensure that the full
5-year compliance period is available so that consumers, manufacturers,
and retailers are not adversely affected.
    In this action, the EPA is seeking comment on this two-year sell-
through period for retailers after the Step 2 compliance date,
including the reasonableness of the Agency's determination that there
is a need for a Step 2 sell-through period and, if providing a sell-
through period is reasonable, what length of sell-through period is
appropriate and why. The EPA is particularly interested in soliciting
comments for the following topics regarding compliant hydronic heaters
and forced-air furnaces and the sell-through period:
    (1) The Agency solicits comment on whether retailers are currently
declining to purchase Step 1-compliant hydronic heaters and forced-air
furnaces and how widespread is this reduction in purchases. The EPA
also solicits comment as to whether this will become a more significant
issue as the May 2020 compliance date approaches and, if so, when is it
likely that retailers will no longer be willing to buy Step 1-compliant
hydronic heaters and forced-air furnaces at all. The EPA solicits
comment on the cost or other impacts that retailers could have on
manufacturers who are small businesses if they decline to purchase Step
1-compliant hydronic heaters and forced-air furnaces.
    (2) The Agency is soliciting comment as to what is the typical
period of time between (a) when a retailer purchases a hydronic heater
or forced-air furnace, and (b) when the device is sold to a consumer.
In particular, the Agency is soliciting comment on these periods of
time for small businesses.
    (3) The Agency is soliciting comment on the EPA's proposal that a
sell-through period for retailers to sell Step 1-compliant hydronic
heaters and forced-air furnaces is a reasonable way to address concerns
about retailers' reluctance to purchase Step 1-compliant hydronic
heaters and forced-air furnaces and/or manufacturers' inability to sell
such heaters and furnaces before Step 2-certified models are available.
In particular, the EPA is soliciting comment on the sell-through as a
reasonable way to address concerns about retailers of devices and
products from small businesses.
    (4) The Agency is soliciting comments regarding, if a sell-through
period for the May 2020 compliance date were to be promulgated, what
period of time after May 2020 would be sufficient for retailers to sell
their inventory of Step 1-compliant hydronic heaters and forced-air
furnaces. The EPA is proposing a two-year period but is also taking
comment on whether either a shorter or a longer sell-through period may
be more reasonable and, if so, why a sell-through period other than two
years is appropriate. For small businesses in particular, the Agency is
soliciting comment on a two-year period and whether that amount of time
is reasonable.
    (5) The EPA is also soliciting comment on whether the Agency's
proposal to provide the same two-year Step 2 sell-through period for
both hydronic heaters and forced-air furnaces is reasonable, or whether
a sell-through period of some different length may be more appropriate
for each of these types of wood heating devices. The EPA is also
soliciting comment on whether it may be more appropriate not to provide
a sell-through period at all for either hydronic heaters or forced-air
furnaces.
    (6) The Agency is soliciting information on the number of Step 1
forced-air furnaces and hydronic heaters that are currently in
production and the number that are being designed for Step 2 compliance
that have not yet received their EPA certification for Step 2
compliance. The EPA requests information on the number of Step 2 pellet
and cord/crib wood forced-air furnaces and hydronic heaters that are
currently certified to meet Step 2. The EPA is soliciting comment on
how far in advance of the current May 2020 Step 2 compliance date
manufacturers will need to submit their EPA certification applications
to not only meet the standards, but also to manufacture, market, and
distribute their products without disruption to their business.
    (7) The Agency seeks comment on whether and what type of small
business relief may be appropriate in place of the extended sell-
through period that would accomplish the same goal.
    (8) The Agency seeks comment on the effects on the consumer as a
result of a sell-through period.

    Providing specific information and data to explain the basis of
your comments on these topics discussed above (and on all matters that
you address in your comments) will be helpful in the Agency's
consideration of the issues presented by this proposed rule.\4\
---------------------------------------------------------------------------

    \4\ In an Advanced Notice of Proposed Rulemaking in another
Federal Register document that the EPA plans to publish soon, the
EPA intends to seek comment on several additional matters, including
whether the May 2020 Step 2 compliance date should be extended. The
EPA does not view this proposed action for a retailer sell-through
period as a measure that would preclude an extension of the Step 2
compliance date. The EPA might both (1) finalize the proposed sell-
through period, and (2) subsequently extend the 2020 compliance
date. In short, the EPA views the proposed sell-through period and a
possible extension of the 2020 compliance date as related, but not
mutually exclusive. Whether the EPA does one or both (or neither)
will be decided after the EPA considers comments and the other
pertinent information.
---------------------------------------------------------------------------

IV. Request for Comments on Wood Heaters (40 CFR Part 60, Subpart AAA)

    The EPA is also taking comment on whether the 2015 NSPS, 40 CFR
part 60, subpart AAA, should also be revised to create a two-year sell-
through period for retailers after the Step 2 compliance date for wood
heaters similar to what is being proposed for 40 CFR part 60, subpart
QQQQ appliances in section III of this preamble. The EPA is seeking
comment on whether to allow Step 1-compliant 40 CFR part 60, subpart
AAA wood heaters manufactured or imported before May 15, 2020, to be
sold at retail through May 15, 2022. In this action, the EPA is seeking
comment on a two-year sell-through period for retailers after the Step
2 compliance date, including comment on whether a Step 2 sell-through
period for wood heaters is needed, and, if a sell-through period is
added, what length of sell-through period is reasonable, and why.
    The EPA is particularly interested in soliciting comments for the
following topics regarding compliant wood heaters and the sell-through
period:
    (1) The Agency solicits comment on whether retailers are currently
declining to purchase Step 1-compliant wood heaters and whether this
reduction in purchases is widespread. In particular, the EPA solicits
comment on whether there is a disproportionate change in purchases of
crib/cord wood heaters (certification tests with either crib wood or
cord wood) compared to pellet wood heaters due to the approaching May
2020 compliance date. The EPA also solicits comment as to whether this
will become a more significant issue as the May 2020 compliance date
approaches and, if so, when it is likely that retailers will no longer
be willing to buy Step 1-compliant wood heaters. The EPA solicits
comment on the cost or other impacts that retailers could have on
manufacturers who are small businesses if they decline to purchase Step
1-compliant wood heaters.
    (2) The Agency is soliciting comment as to what is the typical
period of time between (a) when a retailer purchases a wood heater, and
(b) when the device is sold to a consumer. In particular, the Agency is
soliciting comment on these periods of time for small businesses.
    (3) The Agency is soliciting comment as to whether a sell-through
period for retailers to sell Step 1-compliant wood heaters is a
reasonable way to address these concerns about retailers' reluctance to
purchase Step 1-compliant wood heaters and/or manufacturers' inability
to sell wood heaters before Step 2-certified models are available. In
particular, the Agency is soliciting comment on the sell-through as a
reasonable way to address concerns about retailers of devices and
products from small businesses.
    (4) The Agency is soliciting comments regarding if a sell-through
period for the May 2020 compliance date were to be promulgated, what
period of time after May 2020 would be sufficient for retailers to sell
their inventory of Step 1-compliant wood heaters. The EPA is also
taking comment on whether the sell-through period should be as short as
one year or as long as three years (or more), and, if so, why such a
sell-through period would be more appropriate than two years. For small
businesses in particular, the Agency is soliciting comment on a two-
year period and whether that amount of time is reasonable.
    (5) The Agency is soliciting information on the number of Step 1
wood heater models that are currently in production and the number that
are being designed for Step 2 compliance that have not yet received
their EPA certification for Step 2 compliance. The EPA requests
information on the number of Step 2 pellet and crib/cord wood heaters
that are currently certified to meet Step 2. The EPA is soliciting
comment on how far in advance of the current May 2020 Step 2 compliance
date manufacturers will need to submit their EPA certification
applications to not only meet the standards, but also to manufacture,
market, and distribute their products without disruption to their
business. The EPA solicits comment on any potential impact on consumers
if the production of Step 2-compliant wood heaters is limited.
    (6) The Agency seeks comment on whether and what type of small
business relief may be appropriate in place of the extended sell-
through period that would accomplish the same goal.
    (7) The Agency seeks comment on the effects on the consumer as a
result of a sell-through period.
    Providing specific information and data to explain the basis of
your comments on these topics discussed above (and on all matters that
you address in your comments) will be helpful in the Agency's
consideration of the issues presented by this proposed rule.

V. Request for Comments on Pellet Fuel Requirements

    Certification tests for residential wood pellet heaters require
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 NSPS requires that pellets burned in a residential wood
pellet heater meet the same minimum quality requirements to ensure
consistent operations and comparable emissions. See Pellet Fuel
Requirements stated in 40 CFR 60.532(e) and 60.5474(e). These
requirements were intended to maintain a level of quality consistent
with the requirements of a pellet heater certification test to ensure
these pellets are similar to pellets used in certification testing. The
EPA concluded at the time that this requirement provided some assurance
that the wood pellet heater's performance in the home would be
consistent with the laboratory certification test. A pellet
manufacturer is not obligated to produce pellets that meet the pellet
fuel requirements, but operators and manufacturers of residential
pellet heaters in the United States are prohibited from using pellets
that do not meet the pellet fuel requirements. However, the Agency has
learned of issues regarding these requirements since publication of the
2015 rule. Therefore, the EPA is taking comment on whether the minimum
quality pellet fuel requirements in the 2015 NSPS (40 CFR part 60,
subparts AAA and QQQQ) should be retained and, if they are retained,
whether they should be revised.
    (1) The EPA is taking comment on whether 40 CFR part 60, subparts
AAA and QQQQ should retain the minimum pellet fuel requirements, which
are currently found at 40 CFR 60.532(e) and 60.5474(e). In support of
the 2015 NSPS and in response to a remand of the record requested by
the EPA, the EPA prepared a memorandum that set forth

the Agency's rationale for including pellet fuel requirements. See
November 21, 2016, Memorandum from Stephen D. Page, Director, Office of
Air Quality Planning and Standards, titled ``EPA's Response to Remand
of the Record for Residential Wood Heaters New Source Performance
Standards.'' \5\ The EPA is requesting comment on the rationale
presented in the above-mentioned memorandum and if the current minimum
requirements should be retained in its current form at 40 CFR 60.532(e)
and 60.5474(e).
---------------------------------------------------------------------------

    \5\ This memorandum was placed in the 2015 docket as Docket ID
No. EPA-HQ-OAR-2009-0734-1805 and is in the docket for this proposed
rule at EPA-HQ-OAR-2018-0195.
---------------------------------------------------------------------------

    (2) The EPA is taking comment on whether the minimum pellet fuel
requirements in 40 CFR 60.532(e) and 60.5474(e) should be eliminated
entirely.
    (3) The EPA is taking comment on whether the pellet fuel
requirements, if retained, should be revised. Such revisions could
include adding new requirements or removing one or more of the current
requirements or revising the requirements that are currently stated.
For example, with respect to the maximum dimensions stated in 40 CFR
60.532(e)(2) and 60.5474(e)(2), the Agency is seeking comment on
whether this criterion should be removed or replaced with larger or
smaller dimensions. The EPA has reviewed the pellet requirements and
solicits comment on whether the Agency should revise the current
minimum pellet fuel requirements:
    1. Density: Minimum of 38 lbs/ft3.
    2. Dimensions: Maximum length of 1.5.
    3. Fines: <1% (EPA referred to ``inorganic fines'' in the 2015
NSPS. Should this be modified to ``fines''?).
    4. Chlorides: <=300 ppm.
    5. Ash content: <=2%.
    6. Contains no demolition or construction waste.
    7. Total of each trace metal: 100 mg/kg. Clarify if this should be
reported ``as received'' or ``dry basis''. The trace metals include
mercury, cadmium, lead, arsenic, chromium, copper, nickel, and zinc.
    8. None of the prohibited fuels in paragraph (f) of this section.
The prohibited list does not prevent the use of unseasoned wood as an
input material for manufacturing pellets.
    The EPA is interested in receiving comments that both support the
current requirements (and explain why they are necessary) and comments
that advocate that the requirements be removed or revised.

VI. Impacts of This Proposed Rule

A. What are the air impacts?

    The air impacts associated with the requirements of this proposed
rule are the forgone emission reductions of PM2.5, HAPs, as
well as other criteria pollutants and their precursors, including CO
and VOC. VOCs are precursors to PM2.5 and ozone. These
forgone emission reductions are estimated using the baseline emissions
reflected in the final 2015 NSPS as presented in the emissions
estimation memorandum and the 2015 NSPS RIA.\6\ The average annual
forgone emission reductions for the primary scenario (Scenario 2),
calculated over the timeframe of 2019-2022, is 257 tons of
PM2.5, 271 tons of VOC, and 1,444 tons of CO. More
information on how these impacts are estimated can be found in the
supplemental RIA.
---------------------------------------------------------------------------

    \6\ Memo to Gil Wood, USEPA, from EC/R, Inc. Estimated Emissions
from Wood Heaters. January 30, 2015. Available in Docket ID: Docket
ID No. EPA-HQ-OAR-2009-0734. Regulatory Impact Analysis for
Residential Wood Heaters NSPS, Final Report. EPA-452/R-15-001.
February 2015. Available at Docket ID: EPA-HQ-OAR-2009-0734-
177407344.
---------------------------------------------------------------------------

B. What are the energy impacts?

    These proposed actions are anticipated to have negligible impacts
on energy costs or usage. To the extent that Step 1-compliant hydronic
heaters and forced-air furnaces continue to be sold for an additional
two years, it is difficult to determine the precise energy impacts that
might result from this proposed action. Wood-fueled appliances compete
with other biomass forms for residential heating as well as more
traditional energy sources such as oil, electricity, and natural gas.
There is also a lack of sufficient data to determine the potential for
affected consumers to choose other types of fuels and their associated
appliances, nor the potential impacts to affected manufacturers.

C. What are the cost savings?

    The cost savings of the proposed action are the increase in
revenues for manufacturers and retailers of hydronic heaters and
forced-air furnaces affected by this rulemaking. The overall
distribution of the avoided compliance costs as well as the
distribution of forgone benefits is uncertain. The increase in revenues
is calculated by estimating the reduction in unit costs from producing
Step 1-compliant hydronic heaters and forced-air furnaces as compared
to Step 2-compliant devices with estimates of sales taken from the 2015
NSPS RIA, using the estimates calculated for the final 2015 NSPS
requirements as the baseline. The revenue estimate calculated is the
average of the annual estimates calculated for the 2019-2022 timeframe
and the primary scenario (Scenario 2). The estimate of additional
average annual revenues to manufacturers is $0.01 billion (2016
dollars). Calculated as an EAV, the estimate is $0.01 billion (2016
dollars). More information on how these impacts are estimated can be
found in the supplemental RIA of this proposed rule.

D. What are the economic and employment impacts?

    The economic impacts of this proposal are the cost savings that are
shown in section VI.C of this preamble. Impacts on employment are
qualitatively examined in the supplemental RIA.

E. What are the forgone benefits of the proposed rule?

    The overall distribution of the avoided compliance costs as well as
the distribution of forgone benefits is uncertain. Although this
proposed action may result in the delay of the emission reductions from
the 2015 NSPS by up to two years, this proposed action to establish a
sell-through period does not change the standards upon implementation.
The proposed revisions in this action would defer emission reductions
into the future, thus delaying the health benefits estimated in the
Residential Wood Heaters 2015 NSPS RIA. Due to analytical limitations,
it was not possible to conduct air quality modeling for this proposed
rule. Instead, the Agency used a ``benefit-per-ton'' approach to
estimate the forgone benefits. In brief, the EPA calculated benefit
per-ton (BPT) values for this sector by: (1) Characterizing the
photochemical modeled PM2.5 air quality levels associated
with this sector; (2) quantifying the number and economic value of
adverse health impacts attributable to these PM2.5
concentrations; (3) dividing these values by the sum of the emissions
for the sector. The BPT reflects the average national benefits of
reducing PM2.5 and PM2.5 precursors from the
residential wood sector and cannot characterize the benefits occurring
in discrete geographic locations such as non-attainment areas. For more
detailed discussion of the benefit-per-ton approach, please refer to
the benefits section in the supplemental RIA accompanying this proposed
rulemaking.
    As compared to the 2015 NSPS RIA, for the years 2019 to 2022, this
proposed rule, if finalized, would result in less

emission reduction of PM2.5, HAPs, as well as other criteria
pollutants and their precursors, including CO and VOC, compared to the
2015 NSPS final rule. VOC are precursors to PM2.5 and ozone.
For this proposed rule, the Agency was only able to quantify the
monetized forgone health benefits associated with forgone decreased
exposure to directly emitted PM2.5. The forgone benefits
reflect the average of annual PM2.5 forgone emission
reductions occurring between 2019 and 2022 (inclusive). The Agency
estimates the annual average monetized PM2.5-related forgone
health benefits of the residential wood heaters NSPS in the 2019-2022
timeframe to be $0.10 billion to $0.23 billion (2016 dollars) at a 3-
percent discount rate and $0.09 billion to $0.21 billion (2016 dollars)
at a 7-percent discount rate. The ends of the range are quantified
using Hazard Ratios reported in the Krewski, et al. (2009) and Lepeule,
et al. (2012) long-term epidemiological studies. Using alternate
relationships between PM2.5 and premature mortality supplied
by experts, higher and lower estimates of forgone benefits are
plausible; but, most of the expert-based estimates fall between these
two estimates.\7\ A summary of the forgone emissions and monetized
forgone benefits estimates for this proposed rule at discount rates of
3 percent and 7 percent is provided in Table 2 of this preamble. All
estimates reflect the primary scenario analyzed for this proposal
(Scenario 2). Another metric that can be used to calculate such
estimates, EAV, yields monetized forgone benefits estimates of $0.09
billion to $0.21 billion at a 3 percent discount rate and $0.07 billion
to $0.16 billion at a 7 percent discount rate. More information on all
of these calculations can be found in the supplemental RIA.
---------------------------------------------------------------------------

    \7\ Roman, et al., 2008. ``Expert Judgment Assessment of the
Mortality Impact of Changes in Ambient Fine Particulate Matter in
the U.S.,'' Environ. Sci. Technol., 42, 7, 2268-2274.

   Table 2--Summary of Annual Average Monetized PM2.5-Related Health Forgone Benefits for New Residential Wood
     Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces NSPS Proposal in 2019-2022 Timeframe
                                       [Billions of 2016 dollars] a b c d
----------------------------------------------------------------------------------------------------------------
                                             Estimated
                                             emission       Total monetized forgone     Total monetized forgone
                Pollutant                    increases       benefits (3% discount       benefits (7% discount
                                               (tpy)                 rate)                       rate)
----------------------------------------------------------------------------------------------------------------
Directly emitted PM2.5..................             257  $0.10 to $0.23............  $0.09 to $0.21.
PM2.5 Precursors:
    VOC.................................             271
    CO..................................           1,444
----------------------------------------------------------------------------------------------------------------
\a\ All estimates are for the 2019-2022 timeframe (inclusive) and are rounded to two significant figures. The
  total monetized forgone benefits reflect the human health benefits associated with reducing exposure to PM2.5
  through reductions of PM2.5 precursors, such as NOX, and directly emitted PM2.5. It is important to note that
  the monetized benefits do not include reduced health effects from exposure to HAP, direct exposure to nitrogen
  dioxide (NO2), exposure to ozone, VOC, ecosystem effects, effects from black carbon or visibility impairment.
\b\ Forgone PM benefits are shown as a range from Krewski, et al. (2009) to Lepeule, et al. (2012).
\c\ These models assume that all fine particles, regardless of their chemical composition, are equally potent in
  causing premature mortality because the scientific evidence is not yet sufficient to allow differentiation of
  effects estimates by particle type.
\d\ All estimates reflect the primary scenario (or Scenario 2) for the proposal.

    These forgone benefit estimates represent the annual average
economic value of the health benefits that would have occurred in the
years 2019, 2020, 2021 and 2022, were the proposed sell-through date
not deferred from 2020 to 2022.
    The Agency assumes that all fine particles, regardless of their
chemical composition, are equally potent in causing premature mortality
because the scientific evidence is not yet sufficient to allow
differentiation of effects estimates by particle type. Even though the
Agency assumes that all fine particles have equivalent health effects,
the benefit-per-ton estimates vary between precursors depending on the
location and magnitude of their impact on PM2.5 levels,
which drive population exposure.
    For this analysis, policy-specific air quality data are not
available. Thus, the Agency is unable to estimate the percentage of
forgone premature mortality associated with this specific proposed
rule's forgone emission reductions at each PM2.5 level. As a
surrogate measure of mortality impacts, the Agency provides the
percentage of the population exposed at each PM2.5 level
using the source apportionment modeling used to calculate the benefit-
per-ton estimates for this sector. Using the Krewski, et al., (2009)
study, 93 percent of the population is exposed to annual mean
PM2.5 levels at or above the lowest measured level (LML) of
5.8 micrograms per cubic meter ([micro]g/m\3\). Using the Lepeule, et
al, (2012) study, 67 percent of the population is exposed above the LML
of 8 [micro]g/m\3\. Therefore, caution is warranted when interpreting
the LML assessment for this proposed rule. The Agency refers the reader
to the supplemental RIA prepared for this proposed rule for detailed
discussion.
    Every benefit analysis examining the potential effects of a change
in environmental protection requirements is limited, to some extent, by
data gaps, model capabilities (such as geographic coverage) and
uncertainties in the underlying scientific and economic studies used to
configure the benefit and cost models. A detailed discussion of these
uncertainties is provided in the supplemental RIA. Despite these
uncertainties, the benefit analysis for this action provides a
reasonable indication of the expected forgone health benefits of the
proposed rulemaking under a set of reasonable estimations.
    The monetized forgone benefits estimates provided above do not
include forgone benefits from a variety of additional benefit
categories. Although the Agency does not have sufficient information or
modeling available to provide monetized estimates for these forgone
benefits, the Agency includes a qualitative assessment of these
unquantified forgone benefits in the supplemental RIA for this proposed
rule. For more information on the benefits analysis, refer to the
supplemental RIA for this proposed rule, which is available in the
docket at Docket ID No. EPA-HQ-OAR-2018-0195.

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.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 an economically significant regulatory action that
was submitted to the Office of Management and Budget (OMB) for review.
Any changes made in response to OMB recommendations have been
documented in the docket. The EPA prepared an analysis of the potential
costs and benefits associated with this action. This analysis,
Supplemental Regulatory Impact Analysis (RIA)--Estimated Cost Savings
and Forgone Benefits Associated with the Proposed Rule, ``Standards of
Performance for New Residential Wood Heaters, New Residential Hydronic
Heaters and Forced-Air Furnaces'' is a memorandum that is available in
the docket. It is also summarized in section I of this preamble.
    Consistent with Executive Orders 12866 and 13563, ``Improving
Regulation and Regulatory Review,'' the Agency has estimated the cost
and benefits of the proposed rule. Given the nature of this rule, the
Agency modified the discussion of net benefits (benefits-costs) to be
more consistent with the relevant terminology of traditional net
benefit analysis. The costs are presented here as the forgone benefits
presented in section 5 of the supplemental RIA and section VI.E of this
preamble. The Agency represents the benefits as the cost savings
presented in section 2 of the supplemental RIA and section VI.C of this
preamble, which the Agency estimates as the increase in revenues to
manufacturers of affected wood heaters. The net benefits are the
benefits (cost savings) minus the costs (forgone benefits). In this
proposed rule, the estimated costs are greater than the benefits,
leading to a negative net benefit (or net cost). The estimated annual
average net benefit at a 3-percent discount rate is $0.09 billion to
$0.22 billion, and $0.08 billion to $0.20 billion at a 7-percent
discount rate in 2016 dollars, over the 2019 to 2022 timeframe. The net
benefit estimate reflects an annual average of 257 tons of forgone
PM2.5 emission reductions per year, and a total annual
average cost savings of $0.01 billion (2016 dollars). The forgone
benefits also include forgone emission reductions of 271 tons of VOC
reductions per year and 1,444 tons of CO reductions per year; forgone
reduced exposure to HAP, including formaldehyde, benzene, and POM;
forgone reduced climate effects due to forgone reduced black carbon
emissions and GHG emissions; forgone reduced ecosystem effects; and
forgone reduced visibility impairments. Table 3 summarizes the
estimated costs and forgone benefits for the affected forced-air
furnaces and hydronic heaters. The estimated costs and benefits reflect
the average annual impacts for the 2019 to 2022 timeframe, which are
the implementation years analyzed in the supplemental RIA for this
proposed rule. All estimates reflect the primary scenario analyzed for
this proposal (Scenario 2). Results for wood stoves, a category not
included in the 2-year sell through proposed extension but for which
comments are requested to determine if they should be, are also
provided in the supplemental RIA.

 Table 3--Summary of Annual Average Cost Savings, Monetized Forgone Benefits, and Monetized Net Forgone Benefits
                 (Billions of 2016 Dollars) in the 2019-2022 Timeframe for the Proposed Rule a b
----------------------------------------------------------------------------------------------------------------
                                                  3% Discount rate                     7% Discount rate
----------------------------------------------------------------------------------------------------------------
Costs: Forgone Benefits \c\...........  ($0.10) to ($0.23).................  ($0.09) to ($0.21).
                                       -------------------------------------------------------------------------
Benefits: Cost Savings from Increased                                     $0.01
 Manufacturers' and Retailers'
 Revenues.
                                       -------------------------------------------------------------------------
Net Benefits..........................  ($0.09) to ($0.22).................  ($0.08) to ($0.20).
----------------------------------------------------------------------------------------------------------------
\a\ All estimates in this table are rounded to one decimal point, so numbers may not sum due to independent
  rounding. All estimates reflect the primary scenario (Scenario 2) as described in the supplemental RIA.
\b\ All estimates are for the timeframe from 2019 to 2022 inclusive. All estimates reflect the primary scenario
  (Scenario 2) for this proposal. These results include units anticipated to come online and the lowest cost
  disposal assumption. These cost savings are presented in the supplemental RIA. The monetized forgone net
  benefits at a 3% interest rate are minimally different than those calculated at a 7% interest rate.
\c\ The total monetized forgone benefits reflect the forgone human health benefits associated with reducing
  exposure to PM2.5 through reductions of directly emitted PM2.5. Monetized forgone benefits include many, but
  not all, health effects associated with PM2.5 exposure. Forgone benefits are shown as a range from Krewski et
  al. (2009) to Lepeule et al. (2012). We do not report the total monetized forgone benefits by PM2.5 species.

    In addition, Table 4 reports the present values and equivalent
annualized values of the net benefits discounted at 7 and 3 percent.
EAV are the annualized present values, or the levelized flow of the
present values (PV), over the three years affected by the proposal. The
PV of the net benefits are negative $0.07 billion to negative $0.19
billion when using a 7 percent discount rate and negative $0.07 billion
to negative $0.20 billion when using a 3 percent discount rate. The
equivalent annualized values of the net benefits are negative $0.06
billion to negative $0.15 billion per year when using a 7 percent
discount rate and negative $0.08 billion to negative $0.20 billion per
year when using a 3 percent discount rate. The negative values indicate
that EAV of the estimated benefits (cost savings) of the proposal are
smaller than the EAV of estimated costs (forgone benefits). All these
estimates are in 2016 dollars and are discounted to 2016.

 Table 4--Estimated Present Values and Equivalent Annualized Values of the Benefits, Costs, and the Net Benefits
   of the New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces NSPS Proposal
                                               [Billions of 2016]
----------------------------------------------------------------------------------------------------------------
                                             7% Discount rate                        3% Discount rate
                                 -------------------------------------------------------------------------------
                                          PV                  EAV                 PV                  EAV
----------------------------------------------------------------------------------------------------------------
Benefits \1\....................  $0.025............  $0.01.............  $0.029............  $0.01.
Costs \2\.......................  ($0.09) to ($0.21)  ($0.07) to ($0.16)  ($0.10) to ($0.23)  ($0.09) to
                                                                                ($0.21).
Net Benefits....................  ($0.07) to ($0.19)  ($0.06) to ($0.15)  ($0.07) to ($0.20)  ($0.08) to
                                                                                ($0.20).
----------------------------------------------------------------------------------------------------------------
\1\ The EAV of benefits are the EAV of the cost savings.
\2\ The EAV of costs are calculated from the PV of the forgone monetized benefits. Results are rounded to two
  significant figures. Totals may not sum due to rounding. Values in parentheses are negative.

    For more information on the forgone benefits analysis, the cost
analysis and the calculation of net benefits, please refer to the
supplemental RIA prepared for this proposed rulemaking under Docket ID
No. EPA-HQ-OAR-2018-0195.

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

    This action is expected to be an Executive Order 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the rule's economic analysis. See section VI of this
preamble.

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 contained in the existing regulations and assigned OMB
Control number 2060-01 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 Standards of Performance for New Residential
Wood Heaters, New Residential Hydronic Heaters and Forced-air Furnaces
rule, 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 proposed 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 NSPS. The Agency has, therefore, concluded that this action will
have no net regulatory burden for all directly regulated small
entities.

E. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. 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 proposed action is subject to Executive Order 13045 because it
is an economically significant regulatory action as defined by
Executive Order 12866. As noted in the preamble to the 2015 NSPS, the
EPA does not believe that the environmental health risks or safety
risks addressed by the NSPS presents a disproportionate risk to
children based on distributional assessments of effects from
residential wood smoke emissions (see 80 FR 13700). Although this
proposed action may result in the delay of the emission reductions of
some hydronic heater and forced air furnace appliances in the 2015 NSPS
by up to two years, this 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. (One of the demographic variables examined by the EPA was
that of people 18 years and younger.) Furthermore, the proposed action
does not affect the level of public health and environmental protection
already being provided by existing NAAQS and other mechanisms in the
CAA. This proposed action does not affect applicable local, state, or
federal permitting or air quality management programs that will
continue to address areas with degraded air quality and maintain the
air quality in areas meeting current standards. Areas that need to
reduce criteria air pollution to meet the NAAQS will still need to rely
on control strategies to reduce emissions. To the extent that states
use other mechanisms in order to comply with the NAAQS, this action
will not have a disproportionate adverse effect on children's health.

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. This action allows affected wood

heating devices to sustain their current levels of operation. It does
not promote the reduction in energy use nor does it increase the cost
of energy production. Further information on the energy impacts can be
found in section VI.B of this preamble.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    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 proposed action will 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 NSPS, the EPA believes that
the human health or environmental risk addressed by the 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). Although this
proposed action may result in the delay of the emission reductions of
some hydronic heater and forced air furnace appliances in the 2015 NSPS
by up to two years, this 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.
    Furthermore, the overall distribution of the avoided compliance
costs as well as the distribution of forgone benefits is uncertain.
Although this proposed action may result in the delay of the emission
reductions of some hydronic heater and forced air furnace appliances in
the 2015 NSPS by up to two years, this proposed action to establish a
sell-through period does not change the standards upon implementation.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure.

    Dated: November 21, 2018.
Andrew R. Wheeler,
Acting Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended 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 QQQQ--[Amended]

0
2. Section 60.5474 is amended by revising paragraphs (a)(2) and (a)(6)
to read as follows.

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

    (a) * * *
    (2) On or after May 15, 2020, manufacture or sell at retail a
residential hydronic heater unless it has been certified to meet the
2020 particulate matter emission limit in paragraph (b)(2) or (b)(3) of
this section except that a residential hydronic heater certified to
meet the 2015 particulate matter emission limit in paragraph (b)(1) of
this section manufactured or imported on or before May 15, 2020, may be
sold at retail on or before May 15, 2022.
* * * * *
    (6) On or after May 15, 2020, manufacture or sell at retail a small
or large residential forced-air furnace unless it has been certified to
meet the 2020 particulate matter emission limit in paragraph (b)(6) of
this section except that a small or large residential forced-air
furnace certified to meet the applicable 2015 particulate matter
emission limit in paragraph (b)(4) or (b)(5) of this section,
respectively, manufactured or imported on or before May 15, 2020 may be
sold at retail on or before May 15, 2022.
* * * * *
[FR Doc. 2018-26083 Filed 11-29-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51342-51344]
[FR Doc No: 2017-24014]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0354; Airspace Docket No. 17-ACE-8]

Amendment of Class E Airspace; Seward, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Seward Municipal Airport, Seward, NE, to
accommodate new standard instrument approach procedures for instrument
flight rules (IFR) operations at the airport. This action is necessary
due to

the decommissioning of the Seward non directional radio beacon (NDB),
and cancellation of the NDB approach procedure, and enhances the safety
and management of IFR operations at the airport.

DATES: Effective 0901 UTC, February 1, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Walter Tweedy, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface at Seward Municipal Airport, Seward, NE, to support IFR
operations in standard instrument approach procedures at the airport.

History

    The FAA published in the Federal Register (82 FR 33833, July 21,
2017) Docket No. FAA-2017-0354 a notice of proposed rulemaking to
modify Class E airspace extending upward from 700 feet above the
surface at Seward Municipal Airport, Seward, NE. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 6.5-mile radius of Seward Municipal Airport,
Seward, NE, to accommodate new standard instrument approach procedures
for IFR operations at the airport. The segments within 4 miles each
side of the 166[deg] bearing from the Seward NDB extending from the
6.4-mile radius to 14 miles southeast of the NDB, and within 4 miles
each side of the 359[deg] bearing from the Seward NDB extending from
the 6.4-mile radius to 13 miles north of the NDB, are removed due to
the decommissioning of the Seward NDB and the NDB approach is
cancelled. This action enhances the safety and management of the
standard instrument approach procedures for IFR operations at the
airport.

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5. a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE NE E5 Seward, NE [Amended]

Seward Municipal Airport, NE
    (Lat. 40[deg]51'53'' N., long. 97[deg]06'33'' W.)

    The airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Seward Municipal Airport.

    Issued in Fort Worth, Texas, on October 30, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-24014 Filed 11-3-17; 8:45 am]
BILLING CODE 4910-13-P