[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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