[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Proposed Rules]
[Pages 45395-45397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18493]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0169; FRL-9914-69-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County; Control of Outdoor Wood-Fired Boilers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a submission by the Commonwealth of Pennsylvania for two State 
Implementation Plan (SIP) revisions in accordance with the requirements 
of the Clean Air Act (CAA). These revisions pertain to the control of 
particulate matter (PM) emissions from the operation of outdoor wood-
fired boilers (OWBs) in Allegheny County.

DATES: Written comments must be received on or before September 4, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0169 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0169, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Air Protection Division, 
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0169. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means 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 EPA without going through 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, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division,

[[Page 45396]]

U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the State submittal are 
available at the Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On January 15, 2014, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted two SIP 
revisions to the Allegheny County portion of the Pennsylvania SIP for 
the control of PM emissions from the operation of OWBs.

I. Background

    OWBs are free-standing fuel burning devices designed (1) to burn 
clean wood or other approved solid fuels, (2) specifically for outdoor 
installation or installation in structures not normally intended for 
habitation by humans or domestic animals, such as garages and, (3) to 
heat building space or water by means of distribution, typically 
through pipes, of a fluid heated in the device, typically water, or a 
water and antifreeze mixture.
    A concern associated with certain OWBs is the air pollution they 
may produce. Smoldering fires and short smokestacks may create heavy 
smoke which falls to the ground and sometimes causes a neighborhood 
nuisance or an adverse impact on public health and the environment. 
Unlike indoor wood stoves, which are regulated by EPA, OWBs are not 
currently required to meet a Federal emission standard, and the 
majority of them are not equipped with pollution controls. To improve 
air quality, EPA initiated a voluntary program that encourages 
manufacturers of OWBs to develop and distribute cleaner-burning, more 
efficient OWBs. Through this voluntary effort, OWBs are certified and 
labeled to meet EPA performance levels. Additional information about 
the EPA voluntary OWB program is available on EPA's Web site at 
www.epa.gov/burnwise.
    Furthermore, the Northeast States for Coordinated Air Use 
Management (NESCAUM), a regional air pollution control organization 
comprised of the air program directors of several states, developed a 
model regulation for regulating OWBs in coordination with a number of 
states and EPA. The purpose of the model regulation is to assist state 
and local agencies in adopting requirements that will reduce air 
pollution from OWBs. The model regulation establishes emission limits 
and labeling requirements for new OWBs and contains the following 
components for both new and existing OWBs: Stack height requirements, 
distributor and buyer notification requirements, and setback 
requirements from property lines, structures, and homes.
    On May 2, 2012, the Allegheny County Health Department (ACHD) 
proposed two regulations, with a number of ``health enhancing'' 
changes, to be submitted to EPA for approval into the Allegheny County 
portion of the Pennsylvania SIP. These proposed regulations were based 
on Chapters 123.14 (Outdoor Wood-Fired Boilers) and 121.1 (Definitions) 
of Title 25 of the Pennsylvania Code (Pa. Code) as issued in Pa. 
Bulletin 5571 on October 2, 2010. The proposed regulations were 
approved and subsequently became effective on June 8, 2013. On January 
15, 2014, PADEP submitted the regulations as revisions to EPA for 
approval to the Allegheny County portion of the Pennsylvania SIP.

II. Summary of SIP Revision

    The SIP revisions consist of (1) adding Section 2104.09 (Outdoor 
Wood-Fired Boiler) to Article XXI, ``Air Pollution Control Rules and 
Regulations'' and (2) adding new related definitions to Section 2101.20 
(Definitions) of Article XXI.
    The first SIP revision adds Section 2104.09 which is based upon the 
PADEP regulations, with the exception of minor ``health enhancing'' 
changes, contained in 25 Pa. Code 123.14 (Outdoor Wood-Fired Boilers). 
The minor changes include: Increased setbacks, additional stack height 
criteria, use restrictions, and the addition of reporting requirements. 
These minor changes are required in order to tailor the OWB regulations 
to the specific situations in Allegheny County. The second SIP revision 
adds certain related definitions of 25 Pa. Code Chapter 121.1 
(Definitions) to Section 2101.20 of Article XXI. A detailed summary of 
EPA's review and rationale for approving Pennsylvania's submittal may 
be found in the Technical Support Document (TSD) for this proposed 
rulemaking action, which is available online at www.regulations.gov, 
Docket number EPA-R03-OAR-2014-0169.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revisions 
consisting of (1) the addition of Section 2104.09 (Outdoor Wood-Fired 
Boilers) of Article XXI, ``Air Pollution Control Rules and 
Regulations'' and (2) the addition of related new definitions to 
Section 2101.20. These revisions are being made for the control of 
OWBs, and were submitted to EPA for approval on January 15, 2014. EPA's 
review of this material indicates that the SIP revisions will reduce 
the problems associated with the operation of OWBs, including smoke, 
odors and burning prohibited fuels, including garbage, tires, and 
hazardous waste. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 45397]]

application of those requirements would be inconsistent with the CAA; 
and
     does not provide 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, this proposed rule pertaining to the ACHD's control of 
PM emissions from OWBs, does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: July 16, 2014.
William C. Early,
 Acting Regional Administrator, Region III.
[FR Doc. 2014-18493 Filed 8-4-14; 8:45 am]
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