[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72729-72730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25512]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2009-0734; FRL-9954-38-OAR]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action denying petition for reconsideration.

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

SUMMARY: This action provides notice that the U.S. Environmental 
Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition 
for reconsideration of the final Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces published in the Federal Register on March 16, 2015.

DATES: This action is effective on October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Amanda Aldridge, Outreach and 
Information Division (C304-05), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711; telephone number: (919) 541-5268; fax number 
(919) 541-2664; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How can I get copies of this document and other related information?

    This Federal Register notice, the petition for reconsideration and 
the EPA's letter addressing the petition for reconsideration are 
available in the docket under Docket ID No. EPA-HQ-OAR-2009-0734.
    Docket. The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2009-0734. Publicly available docket materials 
are available either electronically through http://www.regulations.gov 
or in hard copy at the EPA Docket Center (EPA/DC), EPA WJC West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 
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 (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742. This action, the petition for reconsideration 
and the EPA's letter addressing the petition can also be found on the 
EPA's Web site at http://www.epa.gov/ttn/oarpg.
    Electronic access. You may access this Federal Register document 
electronically from the Government Printing Office under the ``Federal 
Register'' listings at FDSys (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which 
Federal Court of Appeals have venue over petitions for review of final 
EPA actions. This section provides, in part, that the petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit if: (i) The agency action consists of ``nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator;'' or (ii) such actions are locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    The EPA has determined that its action denying the petition for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because the action directly affects the final Standards of 
Performance for New Residential Wood Heaters, new Residential Hydronic 
Heaters and Forced-Air Furnaces published on March 16, 2015, (``2015 
New Source Performance Standards (NSPS)''), which are nationally 
applicable regulations. Thus, any petitions for review of the EPA's 
decision to deny the petition for reconsideration described in this 
document must be filed in the United States Court of Appeals for the 
District of Columbia Circuit by December 20, 2016.

III. Description of Action

    The 2015 NSPS finalizes amendments to the 1988 Standards of 
Performance for New Residential Wood Heaters (40 CFR part 60, subpart 
AAA), i.e., the 1988 NSPS, and adds one new subpart: Standards of 
Performance for the New Residential Hydronic Heaters and Forced-Air 
Furnaces (40 CFR part 60, subpart QQQQ). The 2015 NSPS was developed 
following a CAA section 111(b)(1)(B) review of the 1988 NSPS (53 FR 
5860, February 26, 1988). This information is contained in the docket, 
which is available at http://www.regulations.gov. On February 3, 2014, 
the EPA proposed Standards of Performance for New Residential Wood 
Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces (79 
FR 6373). The EPA received additional data and comments during the 
public comment period. These data and comments were considered and 
analyzed and, where appropriate, the EPA revised the proposed rule. The 
final rule was published on March 16, 2015 (80 FR 13671).
    On June 2, 2015, Richard S. Burns & Company, Inc. (``Burns'') 
submitted a petition for reconsideration of the 2015 NSPS (80 FR 13671, 
March 16, 2015). In its petition, Burns asks the EPA to reconsider 
aspects of the final rule's pellet fuel requirements in 40 CFR

[[Page 72730]]

60.532(f). Specifically, Burns asked that the EPA reconsider the ban on 
pellet fuels made from construction and demolition waste and the ban on 
pellet fuels made from ``prohibited fuels'' which includes construction 
or demotion debris and allow certain wood that has been sorted from 
construction or demolition waste to be used in the manufacture of 
pellet fuels for residential wood heaters.
    Burns' reconsideration petition was submitted under Section 
307(d)(7)(B) of the CAA, which sets forth the criteria for 
reconsideration. That section states that ``(o)nly an objection to a 
rule or procedure which was raised with reasonable specificity during 
the period for public comment (including any public hearing) may be 
raised during judicial review. If the person raising an objection can 
demonstrate to the Administrator that it was impractical to raise such 
objection within such time or if the grounds for such objection arose 
after the period for public comment (but within the time specified for 
judicial review) and if such objection is of central relevance to the 
outcome of the rule, the Administrator shall convene a proceeding for 
reconsideration of the rule and provide the same procedural rights as 
would have been afforded had the information been available at the time 
the rule was proposed.''
    The EPA has carefully considered the petition and supporting 
information and evaluated whether the petition meets the CAA section 
307(d)(7)(B) criteria for reconsideration. The EPA has concluded that 
the petition does not meet the criteria for reconsideration. Thus, in a 
letter to the petitioner, the EPA Administrator, Gina McCarthy, denied 
the Richard S. Burns & Company, Inc.'s petition, and explained the 
reasons for the denial. This letter is available in the docket for this 
action.

IV. Conclusion

    For the reasons discussed in the letter to the petitioner, their 
petition to reconsider the final Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces is denied.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: October 14, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-25512 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P