[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38433-38436]
[FR Doc No: 2023-12614]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2023-0090; FRL-11014-01-R6]

Air Plan Approval; Oklahoma; Revisions to Air Pollution Control
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve portions
of the revisions to the State Implementation Plan (SIP) for Oklahoma
submitted by the State of Oklahoma on January 30, 2023. This action
addresses amendments to Subchapter 37, Control of Emission of Volatile
Organic Compounds (VOCs) and Subchapter 39, Emission of Volatile
Organic Compounds (VOCs) in Nonattainment Areas and Former
Nonattainment Areas, in the Oklahoma Administrative Code Title 252,
Chapter 100, Oklahoma Department of Environmental Quality to improve
the clarity and consistency of the Oklahoma SIP.

DATES: Written comments must be received on or before July 13, 2023.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2023-0090, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. 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, please contact Mr. Emad Shahin, 214-665-
6717, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit

https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: For information on the revisions
addressing emissions of VOC, please contact Mr. Emad Shahin, EPA Region
6 Office, Infrastructure and Ozone Section,<PHONE_NUMBER>,
[email protected]. The EPA encourages the public to submit comments
via https://www.regulations.gov. Please call or email the contact
listed above if you need alternative access to material indexed but not
provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.

I. Background

    Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under CAA section 109 and currently address
six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone,
lead, particulate matter (PM), and sulfur dioxide. A state's air
regulations are contained in its SIP, which is basically a clean air
plan. Each state is responsible for developing SIPs to demonstrate how
the NAAQS will be achieved, maintained, and enforced. The SIP must be
submitted to the EPA for approval and any changes a state makes to the
approved SIP also must be submitted to the EPA for approval.
    On January 24, 2023, the Secretary of Energy and Environment for
the State of Oklahoma (``the State'') submitted revisions of the
Oklahoma SIP to the EPA. The revisions address Subchapters 2, 8, 37,
39, and Appendix Q in the Oklahoma Administrative Code (OAC) Title 252,
Chapter 100. The submitted revisions to Subchapters 37 and 39 are
severable and in this action, we are proposing to approve the revisions
to Subchapters 37 (Control of Emission of Volatile Organic Compounds
(VOCs), and 39 (Emission of Volatile Organic Compounds (VOCs) in
Nonattainment Areas and Former Nonattainment Areas). We are addressing
the revisions to Subchapter 2 and Appendix Q in a separate action \1\
and plan to address the revisions to Subchapter 8 in separate future
action.
---------------------------------------------------------------------------

    \1\ See 88 FR 13755 (March 6, 2023).
---------------------------------------------------------------------------

    The criteria used to evaluate these SIP revisions are found
primarily in section 110 of the Act. Section 110(l) requires that a SIP
revision submitted to the EPA be adopted after reasonable notice and
public hearing and precludes the EPA from approving a SIP revision if
the revision would interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act.
    The submitted revisions were promulgated in compliance with the
Oklahoma Administrative Procedures Act and published in the Oklahoma
Register, the official state publication for rulemaking actions. These
revisions are posted in the docket for this action.

II. The EPA's Evaluation

Subchapters 37 and 39

    In this action, we are proposing to approve revisions to OAC
252:100, Subchapters 37 and 39 (OAC 252:100-37 and 252:100-39). The
submitted revisions are available in the docket for this action. A
summary of the State's submitted revisions follows.
    1. OAC 252:100-37-16 (Loading of VOC) revises OAC 252:100-37-16(c).
The revision makes clear the Department's long standing interpretation
that loading operations from condensate tanks at natural gas compressor
stations are not considered loading facilities for the purpose of this
section, and thus are not subject to the requirements of this section.
    2. OAC 252:100-39-45 (Petroleum (solvent) Dry Cleaning) amendment
to correct the approval process for facilities that incinerate
petroleum solvents dry cleaning filters and removes the outdated
compliance schedule. Section 45 is specific to petroleum solvent dry
cleaners in Tulsa County and the revision clarifies that incineration
of petroleum dry cleaning filters would only be allowed if permitted by
the appropriate regulatory entity.
    The revisions to OAC 252:100-37 clarify the State's interpretation
of loading facility as a facility whose main purpose is for the
loading/unloading of VOCs in relatively large quantities using
specialized equipment. Although loading operations occur at compressor
stations, the facility itself is not considered a loading facility and
was therefore not intended to be covered by these requirements. The
transfer of condensate and produced water from atmospheric storage
tanks into individual tanker trucks at a compressor station is a
different type of operation (both in scale and in the equipment used).
For example, applicable loading facilities include the bulk transfer of
gasoline at a pipeline terminal/bulk gasoline distribution system.
    There are several other provisions in Chapter 100 that apply to
compressor stations. The requirements in 252:100-37-15(b) for submerged
fill or a vapor recovery system would apply to most condensate tanks at
compressor stations since a typical tank is about 400 barrels (16,800
gallons) and for compressor stations that have effluent water
separators 252:100-37-37 would apply. Condensate tanks at compressor
stations are covered under other parts of Subchapter 37, namely
252:100-37-15, in addition to any federal NSPS that may also apply such
as Subpart OOOO.
    Examination of the revisions indicates that the submitted revision
to Subchapter 39-45 is proper and provides additional clarity. The
specification that incineration of petroleum dry cleaning filters would
only be allowed if permitted by the appropriate regulatory entity
updates this provision to appropriately address existing law for
incineration facilities in Oklahoma. The removal of an outdated
deadline streamlines the SIP for additional clarity.
    The submitted revisions to OAC 252:100-37 and 39 add clarity and
consistency to the Loading of VOC and Petroleum (solvent) Dry Cleaning
rules. The revisions do not relax the current SIP rules and are
consistent with Federal regulations at 40 CFR 60 and 40 CFR 61.
Therefore, and consistent with CAA section 110(l), we do not expect
these revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. We are proposing to approve the submitted these
revisions to Subchapter 37, Section 16 and Subchapter 39, Section 45.

III. Impact on Areas of Indian Country

    Following the U.S. Supreme Court decision in McGirt v. Oklahoma,
140 S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested
approval under Section 10211(a) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of 2005: A Legacy for Users, Public
Law 109-59, 119 Stat. 1144, 1937 (August 10, 2005) (``SAFETEA''), to
administer in certain areas of Indian country (as defined at 18 U.S.C.
1151) the State's environmental regulatory programs that were
previously approved by the EPA for areas outside of Indian country. The

State's request excluded certain areas of Indian country further
described below. In addition, the State only sought approval to the
extent that such approval is necessary for the State to administer a
program in light of Oklahoma Dept. of Environmental Quality v. EPA, 740
F.3d 185 (D.C. Cir. 2014).\2\
---------------------------------------------------------------------------

    \2\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA, a
state has the authority to implement a SIP in non-reservation areas
of Indian country in the state, where there has been no
demonstration of tribal jurisdiction. Under the D.C. Circuit's
decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations. ODEQ did not, however, substantively
address the separate authority in Indian country provided
specifically to Oklahoma under SAFETEA. That separate authority was
not invoked until the State submitted its request under SAFETEA, and
was not approved until EPA's decision, described in this section, on
October 1, 2020.
---------------------------------------------------------------------------

    On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to
administer all the State's EPA-approved environmental regulatory
programs, including the Oklahoma SIP, in the requested areas of Indian
country. As requested by Oklahoma, the EPA's approval under SAFETEA
does not include Indian country lands, including rights-of-way running
through the same, that: (1) qualify as Indian allotments, the Indian
titles to which have not been extinguished, under 18 U.S.C. 1151(c);
(2) are held in trust by the United States on behalf of an individual
Indian or Tribe; or (3) are owned in fee by a Tribe, if the Tribe (a)
acquired that fee title to such land, or an area that included such
land, in accordance with a treaty with the United States to which such
Tribe was a party, and (b) never allotted the land to a member or
citizen of the Tribe (collectively ``excluded Indian country lands'').
    EPA's approval under SAFETEA expressly provided that to the extent
EPA's prior approvals of Oklahoma's environmental programs excluded
Indian country, any such exclusions are superseded for the geographic
areas of Indian country covered by the EPA's approval of Oklahoma's
SAFETEA request.\3\ The approval also provided that future revisions or
amendments to Oklahoma's approved environmental regulatory programs
would extend to the covered areas of Indian country (without any
further need for additional requests under SAFETEA).\4\
---------------------------------------------------------------------------

    \3\ EPA's prior approvals relating to Oklahoma's SIP frequently
noted that the SIP was not approved to apply in areas of Indian
country (consistent with the D.C. Circuit's decision in ODEQ v. EPA)
located in the state. See, e.g., 85 FR 20178, 20180 (April 10,
2020). Such prior expressed limitations are superseded by the EPA's
approval of Oklahoma's SAFETEA request.
    \4\ On December 22, 2021, EPA proposed to withdraw and
reconsider the October 1, 2020, SAFETEA approval. See https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information. EPA expects to have further discussions with
tribal governments and State of Oklahoma as part of this
reconsideration. EPA also notes that the October 1, 2020, approval
is the subject of a pending challenge in federal court. Pawnee
Nation of Oklahoma v. Regan, No. 20-9635 (10th Cir.). EPA may make
further changes to the approval of Oklahoma's program to reflect the
outcome of the proposed withdrawal and reconsideration of the
October 1, 2020, SAFETEA approval. To the extent any change occurs
in the scope of Oklahoma's SIP authority in Indian country before
finalization of the proposed rule, such a change may affect the
scope of the EPA's final action on the proposed rule.
---------------------------------------------------------------------------

    As explained earlier in this action, the EPA is proposing to
approve revisions to portions of the Oklahoma SIP that were submitted
by the State of Oklahoma on January 24, 2023. More specifically, we are
proposing to approve a revision providing clarification to OAC 252:100-
37-16 of Subchapter 37, Control of Emission of Volatile Organic
Compounds (VOCs) and amending language and correcting approval process
for OAC 252:100-39-45 of Subchapter 39, Emission of Volatile Organic
Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas,
in the Oklahoma Administrative Code Title 252, Chapter 100, Oklahoma
Department of Environmental Quality Consistent with the D.C. Circuit's
decision in ODEQ v. EPA and with EPA's October 1, 2020, SAFETEA
approval, if this approval is finalized as proposed, these SIP
revisions will apply to all Indian country within Oklahoma, other than
the excluded Indian country lands, as described earlier. Because--per
the State's request under SAFETEA--EPA's October 1, 2020, SAFETEA
approval does not displace any SIP authority previously exercised by
the State under the CAA as interpreted in ODEQ v. EPA, the SIP will
also apply to any Indian allotments or dependent Indian communities
located outside of an Indian reservation over which there has been no
demonstration of tribal authority.\5\
---------------------------------------------------------------------------

    \5\ In accordance with Executive Order 13990, EPA is currently
reviewing our October 1, 2020, SAFETEA approval and is engaging in
further consultation with tribal governments and discussions with
the state of Oklahoma as part of this review. EPA also notes that
the October 1, 2020, approval is the subject of a pending challenge
in federal court. (Pawnee v. Regan, No. 20-9635 (10th Cir.)).
Pending completion of EPA's review, EPA is proceeding with this
proposed action in accordance with the October 1, 2020, approval.
EPA's final action on the approved revisions to the Oklahoma SIP
that include revisions to OAC Title 252 Chapter 100 Subchapter 39
(OAC 252:100-39) Sections 4, 16, 40, and 41 will address the scope
of the state's program with respect to Indian country, and may make
any appropriate adjustments, based on the status of our review at
that time. If EPA's final action on Oklahoma's SIP is taken before
our review of the SAFETEA approval is complete, EPA may make further
changes to the approval of Oklahoma's program to reflect the outcome
of the SAFETEA review.
---------------------------------------------------------------------------

IV. Proposed Action

    We are proposing to approve a portion of the revisions to the
Oklahoma SIP, submitted to us on January 30, 2023. Specifically, we are
proposing to approve revisions to OAC 252:100, Subchapters 37 and 39.
We are proposing to approve these revisions in accordance with section
110 of the Act.

V. Environmental Justice Considerations

    EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within
Oklahoma. EPA then compared the data to the national average for each
of the demographic groups. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that, for populations within
Oklahoma, the percent people of color (persons who reported their race
as a category other than White alone (not Hispanic or Latino) is less
than the national average (38.5 percent versus 43.1 percent). Within
people of color, the percent of the population that is Black or African
American alone is less than the national average (7.8 percent versus
13.6 percent) and the percent of the population that is American
Indian/Alaska Native is greater than the national average (9.7 percent
versus 1.3 percent). The percent of the population that is two or more
races is greater than the national average (6.6 percent versus 2.9
percent). The percent of people living in poverty in Oklahoma is
greater than the national average (15.6 percent versus 11.6 percent).
    The proposed approval strengthens the SIP by adding clarity and
consistency to the SIP. We expect that this action will generally be
neutral or contribute to reduced environmental and health impacts on
all populations in Oklahoma, including people of color and low-income
populations. Further, there is no information in the record indicating
that this action is expected to have disproportionately high or adverse
human health or environmental effects on a particular group of people.
    The ODEQ did not evaluate environmental justice considerations as
part of their SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA
performed an

environmental justice analysis,\6\ as is described above. The analysis
was done for the purpose of providing additional context and
information about this rulemaking to the public, not as a basis of the
action.
---------------------------------------------------------------------------

    \6\ Our Environmental Justice Considerations are posted in the
docket.
---------------------------------------------------------------------------

VI. Incorporation by Reference

    In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma regulations as discussed in Section
II, The EPA's Evaluation, and Section IV, Proposed Action, of this
preamble. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Executive Order 12898 (Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to
identify and address ``disproportionately high and adverse human health
or environmental effects'' of their actions on minority populations and
low-income populations to the greatest extent practicable and permitted
by law. EPA defines environmental justice (EJ) as ``the fair treatment
and meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    Oklahoma did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA
performed an environmental justice analysis, as is described above in
the section titled, ``Environmental Justice Considerations.'' The
analysis was done for the purpose of providing additional context and
information about this rulemaking to the public, not as a basis of the
action. In addition, there is no information in the record upon which
this decision is based inconsistent with the stated goal of E.O. 12898
of achieving environmental justice for people of color, low-income
populations, and Indigenous people.
    This proposal to approve revisions to the Oklahoma SIP will apply,
if finalized as proposed, to certain areas of Indian country throughout
Oklahoma as discussed in the preamble, and therefore has tribal
implications as specified in E.O. 13175 (65 FR 67249, November 9,
2000). However, this action will neither impose substantial direct
compliance costs on federally recognized tribal governments, nor
preempt tribal law. This action will not impose substantial direct
compliance costs on federally recognized tribal governments because no
actions will be required of tribal governments. This action will also
not preempt tribal law as no Oklahoma tribe implements a regulatory
program under the CAA, and thus does not have applicable or related
tribal laws. Consistent with the EPA Policy on Consultation and
Coordination with Indian Tribes (May 4, 2011), the EPA has offered
consultation to tribal governments that may be affected by this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 7, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-12614 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14903-14906]
[FR Doc No: 2019-07156]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0054; FRL-9992-00-Region 8]

Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Regulation Number 4, New Wood Stoves and the Use of
Certain Woodburning Appliances During High Pollution Days

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions to Colorado
Regulation Number 4 (Reg. No. 4), ``New Wood Stoves and the Use of
Certain Woodburning Appliances During High Pollution Days,'' submitted
by the State on May 2, 2016, and May 14, 2018. The revisions update
definitions, emission standards, certification and labeling
requirements, and citation references to maintain consistency with the
EPA's 2015 Standards of Performance for New Residential Wood Heaters.

DATES:  Written comments must be received on or before May 13, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0054, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303) 312-6563, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Regulation Number 4 sets particulate matter emission standards for
wood-burning stoves, pellet stoves and masonry heaters and prohibits
the sale or installation of devices that do not meet the standards. On
April 10, 1986 (51 FR 12321), the EPA approved Reg. No. 4 as part of
the Colorado SIP and has approved various revisions to parts of Reg.
No. 4 over the years. In 1987, the EPA approved revisions that
established a new fee schedule for certification of new woodstoves sold
after January 1, 1987 (52 FR 23446, June 22, 1987).
    On February 26, 1988 (23 FR 5860), the EPA adopted a national
woodstove certification program, ``Standards of Performance for New
Stationary Sources; New Residential Wood Heaters.'' To provide
consistency between the state and federal regulations, Colorado
submitted a SIP revision that revised section I. ``Definitions'' and
section II. ``Requirements for Sale of Wood Stoves'' of Reg. No. 4 to
exempt wood-fired appliances, boilers, furnaces and cookstoves from the
certification requirements of Reg. No. 4. The EPA approved the SIP
revisions on March 8, 1989 (54 FR 9780).
    In 1991 (56 FR 11672, March 20, 1991), the EPA approved revisions
(1) Prohibiting any person living in certain specified areas from
operating a wood burning stove or fireplace during a high pollution
day; (2) amending two definitions and adding five new definitions; (3)
removing three sections (Laboratory Accreditation Procedures,
Laboratory Inspection, and Accreditation Criteria); and (4) adding new
language and changing the numbering order of Reg. No. 4 sections II.,
III., IV., V., VI., VII., VIII. and IX.
    Later, as part of the Denver Moderate nonattainment area
PM10 SIP control measures, the EPA approved Reg. No. 4
revisions, adding new section VIII. ``Implementation of Local Control
Strategies'' and recodifying reference sections (59 FR 37698, July 25,
1994). The EPA approved Reg. No. 4 revisions to Section VIII. as
adopted by the Air Quality Control Commission (AQCC) on June 24, 1993
(62 FR 18721, April 17, 1997). Section VIII. was revised to make
locally adopted regulations for certain local governments in the Denver
PM10 nonattainment area State enforceable.

II. Analysis of the State's Submission

    On March 16, 2015, the EPA published revisions to 40 Code of
Federal Regulations (CFR) part 60, subpart AAA, Standards of
Performance for New Residential Wood Heaters (NSPS AAA). In 2015, The
AQCC revised Reg. No. 4 to update definitions, emission standards,
certification and labeling requirements, and citation references, for
consistency with and as referenced in the revised NSPS AAA. Colorado
submitted revisions to its SIP to the EPA on May 2, 2016. Colorado
later submitted revisions to its SIP to the EPA on May 14, 2018, to
reestablish a definition for new wood stove \1\ and clarify that the
requirements for wood stove certification, testing, and labeling
requirements are limited to new wood

stoves state-wide and used wood stoves located in the defined Program
Area.\2\
---------------------------------------------------------------------------

    \1\ Colorado submitted revisions to its SIP to EPA on August 1,
2007. The 2007 revisions to Reg. No. 4 repealed a definition for
``new wood stove.'' The SIP was later withdrawn in full prior to EPA
action because ``state only'' provisions for masonry heaters were
included in the SIP revisions.
    \2\ The Program Area is defined in the Colorado Revised
Statutes, Section 42-4-304(20)(a).
---------------------------------------------------------------------------

    Colorado made substantive revisions to certain limited parts of
Reg. No. 4, particularly Sections I., II., III., V., VI., VII., VIII.
and X., and made non-substantive revisions to numerous parts of the
regulation. For ease of review, Colorado submitted the full text of
Reg. No. 4 as a SIP revision (with the exception of provisions
designated ``State Only''). We are only seeking comment on Colorado's
proposed substantive changes to the SIP-approved version of Reg. No. 4,
which are described below. We are not seeking comment on incorporation
into the SIP of the revised portions of the regulation that were
previously approved into the SIP and have not been substantively
modified by the State as part of this submission.
    As noted above, Colorado designated various parts of Reg. No. 4
``State Only.'' The EPA concludes that provisions designated ``State
Only'' have not been submitted for EPA approval, but for informational
purposes. Hence, we are not proposing to act on the portions of Reg.
No. 4 designated ``State Only'' and this proposed rule does not discuss
them further except as relevant to discussion of the portions of the
regulation that Colorado intended to be federally enforceable.
    The provisions we propose to approve meet the requirements of the
CAA and our regulations. The specific bases for our proposed actions
and our analyses and findings are discussed in this proposed
rulemaking.

A. Procedural Requirements

    The CAA requires that states meet certain procedural requirements
before submitting SIP revisions to the EPA. Specifically, section
110(a)(2) of the CAA, 42 U.S.C. 7410(a)(2), requires that states adopt
SIP revisions after reasonable notice and public hearing. For the May
2, 2016 submission, the Colorado AQCC provided notice in the Colorado
Register on August 21, 2015, and held a public hearing on the SIP
revisions on November 19, 2015. The Colorado AQCC adopted the SIP
revisions on November 19, 2015. The SIP revisions became State-
effective on January 14, 2016. For the May 14, 2018 submittal, the
Colorado AQCC provided notice in the Colorado Register on December 16,
2016, and held a public hearing on March 16, 2017. The Colorado AQCC
adopted the SIP revisions on March 16, 2017. The SIP revisions became
State-effective on April 30, 2017. Colorado met the CAA's procedural
requirements for reasonable notice and public hearing.

III. The EPA's Evaluation

a. Analysis by Section of Reg. No. 4 Changes in May 2, 2016 Submittal

    The EPA proposes to approve the following changes made to Sections
I., II., III., V., VI., VII. and X. with Colorado's May 2, 2016
submission.\3\
---------------------------------------------------------------------------

    \3\ All other sections of Reg. No. 4 addressed in the May 2,
2016 submission have been superseded by the State's May 14, 2018
submission. The EPA is not acting on the superseded earlier
submissions.
---------------------------------------------------------------------------

(i) Section I.A.
    Section I.A. contains definitions used in Reg. No. 4. The changes
made to Sections I.A.3, I.A.5, I.A.7, I.A.10 and I.A.18-20 are clerical
\4\ in nature and do not affect the substance of the requirements.
---------------------------------------------------------------------------

    \4\ When we describe changes as clerical in this proposed
action, we are referring to changes such as section renumbering and
references, alphabetizing of definitions, minor grammatical and
editorial revisions, and changes in capitalization.
---------------------------------------------------------------------------

(a) Sections I.A.1 and I.A.21
    The changes made to Sections I.A.1 and I.A.21 update the reference
dates to the CFR.
(b) Sections I.A.4 and I.A.9
    The changes made to Sections I.A.4 and 9 restrict boilers and
furnaces affected by Reg. No. 4 to only those using wood. Reg. No. 4
applies only to wood-burning devices, so the definition changes provide
clarity regarding affected sources consistent with particulate emission
controls in Reg. No. 4.
(c) Sections I.A.6
    Colorado's May 2, 2016 submission repeals the definitions of
``certified wood stove'' contained in Section I.A.6 for clarity. Reg.
No. 4 still contains definitions for ``new wood stove'' in Section
I.A.17 and ``wood-burning stove'' in Section I.A.23 consistent with
NSPS AAA (2015).
(d) Sections I.A.8, I.A.11 and I.A.16
    The changes made to Sections I.A.8, I.A.11 and I.A.16 expand
definitions for ``dealer,'' manufacturer,'' and ``model'' to include
fireplaces which were previously omitted.
(e) Section I.A.8.5
    Section I.A.8.5 adds a new definition for ``exempt device'' to
provide clarity and consistency with NSPS AAA (2015).
(f) Sections I.A.13-15
    The changes made Sections I.A.13-15 were updated for consistency
with test methods in Subpart AAA as of 2004.
(g) Section I.A.22
    The changes made to Section I.A.22 correct grammatical errors and
redefine the definition of wood-burning fireplace in more specific
terms to clarify that they are not masonry heaters (defined as ``State
only'' in Section I.A.12).
(h) Section I.A.23
    The definition in Section I.A.23 for wood-burning stove was revised
to correspond to the revised NSPS AAA definition of wood heater. The
revised definition provides consistency with federal definitions in
NSPS AAA (2015).\5\
---------------------------------------------------------------------------

    \5\ Colorado uses the term ``wood-burning stove'' throughout
Reg. No. 4 as opposed to the federal definition for ``wood heaters''
in 40 CFR 60.531.
---------------------------------------------------------------------------

(ii) Section II.
    Section II. establishes limitations on the sale and installation of
wood-burning stoves including testing, certification and labeling
requirements.
(a) Section II.C.
    The change made to Section II.C. adds a reference to the new
definition of ``exempt devices'' in Section I.A.8.5.
(b) Section II.D.
    Section II.D. corrects a grammatical error and updates the
automobile inspection and readjustment (AIR) program area geography to
include Broomfield County.\6\
---------------------------------------------------------------------------

    \6\ The AIR program area is defined in the Colorado Revised
Statutes, Section 42-4-304(20)(a).
---------------------------------------------------------------------------

(iii) Section III.
    Section III. establishes approval procedures for pellet stoves
including testing, certification and labeling requirements.
(a) Section III.A.
    The revision made to Section III.A. changes the applicable date of
the requirement due to the addition of new Section III.G.
(b) Section III.G.
    Section III.G. revisions retain the current SIP approved emission
standard of 4.1 g/hr and revises the pellet stove testing,
certification and labeling requirements for consistency with Subpart
AAA (2015).
(iv) Section V.
    Section V. establishes provisions for enforcement of Reg. No. 4.
Changes made to Section V. include correcting

grammatical errors and adding fireplaces into the same restrictions as
other wood-burning devices.
(v) Section VI.
    Section VI. requires each dealer to make available a list of
approved wood burning appliances and exempt devices. Changes made to
this section are grammatical and the substance of the provision remains
unchanged.
(vi) Section VII.
    Section VII. regulates the use of wood-burning devises on high
pollution days.
(a) Section VII.A.
    The changes made to Section VII.A. update the AIR program geography
to include Broomfield County and broadens the applicability of the
provision to the use of wood-burning appliances on high pollution days.
(b) Sections VII.B. and VII.C.
    Revisions in Sections VII.B. and VII.C. make grammatical changes
and do not change the substance of the SIP approved provisions.
(c) Section VII.D.
    Changes to Section VII.D. include clarifications of the specific
types of devises prohibited, and fuel restriction use during a high
pollution day.
(d) Section VII.E.
    Section VII.E. changes correct grammatical errors and clarify the
specific types of devices exempt during a high pollution day. The
revisions provide consistency with the requirements in Section II and
III, and Section I definitions.
(vii) Section X.
    Section X. includes information regarding incorporation by
reference material. The changes to this Section are clerical in nature
and do not change the substance of the provisions.
    Based on our analysis of Section I., II., III., V., VI., VII. and
X. changes from Colorado's May 2, 2016 submission, we find that
revisions are clerical in nature, do not change the substance of
currently approved SIP provisions, or have been updated to clarify
provisions and reflect current federal requirements in NSPS AAA. We
therefore propose approving the changes in these sections.
    b. Analysis by Section of Reg. No. 4 Changes in May 14, 2018
Submittal
    The EPA proposes to approve the following changes made to Sections
II. and VIII. with Colorado's May 14, 2018 submission.
    (i) Section II.
    As previously stated, Section II. establishes limitations on the
sale and installation of wood-burning stoves including testing,
certification, and labeling requirements.
    (a) Section II.A.
    Changes made to Section II.A. update the NSPS AAA citation
reference to require new wood-burning stoves to meet testing,
certification, labeling and emission requirements in revised NSPS AAA
(2015).
    (ii) Section VIII.
    Section VIII. establishes requirements for the installation of
fireplaces.
    Revisions to this section are clerical in nature and do not change
the substance of the provisions.
    Based on our analysis of Sections II. and VIII. changes from
Colorado's May 14, 2018 SIP submission, we find that revisions are
clerical in nature, do not change the substance of currently approved
SIP provisions, or have been updated to provide clarity and reflect
current federal requirements in Subpart AAA. We therefore propose
approving the changes in these sections.

IV. Proposed Action

    We are proposing to approve the SIP submittals from the State of
Colorado for Reg. No. 4 submitted on May 14, 2018. We also propose to
approve SIP revisions to Reg. No. 4 submitted by the State on May 2,
2016, except for provisions that have been superseded by the later
submission, as to which we are not taking any action. We propose these
actions in accordance with section 110 and part D of the CAA.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Colorado Reg. No. 4 pertaining to regulation
of the sale and installation of wood-burning appliances discussed in
section II. of this preamble. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 8 Office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: April 5, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-07156 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Proposed Rules]
[Page 78300]
[FR Doc No: 2020-26702]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 158

[EPA-HQ-OPP-2020-0124; FRL-10012-21]
RIN 2070-AJ49

Notification of Submission to the Secretary of Agriculture;
Pesticides; Proposal of Pesticide Product Performance Data Requirements
for Products Claiming Efficacy Against Certain Invertebrate Pests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretary of Agriculture.

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

SUMMARY: This document notifies the public as required by the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA
Administrator has forwarded to the Secretary of the United States
Department of Agriculture (USDA) a draft regulatory document concerning
``Pesticide Product Performance Data Requirements for Products Claiming
Efficacy Against Certain Invertebrate Pests.'' The draft regulatory
document is not available to the public until after it has been signed
and made available by EPA.

DATES: See Unit I. under SUPPLEMENTARY INFORMATION.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0124, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Docket (OPP Docket) in the Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC 20460-0001. 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 OPP Docket is
(703) 305-5805.
    Please note that due to the public health emergency the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Sara Kemme, Field and External Affairs
Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    Section 25(a)(2)(A) of FIFRA requires the EPA Administrator to
provide the Secretary of USDA with a copy of any draft proposed rule at
least 60 days before signing it in proposed form for publication in the
Federal Register. The draft proposed rule is not available to the
public until after it has been signed by EPA. If the Secretary of USDA
comments in writing regarding the draft proposed rule within 30 days
after receiving it, the EPA Administrator shall include those comments
and EPA's response to those comments with the proposed rule that
publishes in the Federal Register. If the Secretary of USDA does not
comment in writing within 30 days after receiving the draft proposed
rule, the EPA Administrator may sign the proposed rule for publication
in the Federal Register any time after the 30-day period.

II. Do any statutory and Executive Order reviews apply to this
notification?

    No. This document is merely a notification of submission to the
Secretary of USDA. As such, none of the regulatory assessment
requirements apply to this document.

List of Subjects in Part 40 CFR Part 158

    Environmental protection, administrative practice and procedure,
agricultural and non- agricultural, pesticides and pests, reporting and
recordkeeping requirements.

    Dated: November 24, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-26702 Filed 12-3-20; 8:45 am]
BILLING CODE 6560-50-P