[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Rules and Regulations]
[Pages 48202-48203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22364]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-R01-OAR-2017-0514; FRL-9969-57-Region 1]


Notification of Partial Delegation of Authority; Vermont; New 
Source Performance Standards for New Residential Wood Heaters, New 
Residential Hydronic Heaters, and Forced-Air Furnaces

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of partial delegation of authority.

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SUMMARY: On September 19, 2017, the Environmental Protection Agency 
(EPA) sent the State of Vermont a letter approving Vermont's request 
for partial delegation of the New Source Performance Standards for New 
Residential Wood Heaters, New Residential Hydronic Heaters, and Forced-
Air Furnaces (NSPS). To inform regulated facilities and the public of 
EPA's approval of Vermont's request for partial delegation of authority 
to implement and enforce the NSPS, the EPA is making available a copy 
of EPA's letter to Vermont through this document.

DATES: On September 19, 2017, EPA sent the State of Vermont a letter 
approving Vermont's request for partial delegation of the NSPS.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R01-OAR-2017-0514. Copies of documents 
pertaining to this action are available for public inspection at our 
Region 1 office during normal business hours. 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 at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 a.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics and 
Indoor Programs Unit, Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, EPA New England Regional Office, 5 
Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number 
(617) 918-1624, fax number (617) 918-0624, email [email protected].

SUPPLEMENTARY INFORMATION: In a letter dated May 19, 2017, the Vermont 
Agency of Natural Resources (VT ANR) notified the EPA that VT ANR had 
adopted an amended Sec.  5-204 of the Vermont Air Pollution Control 
Regulation for Wood Stoves and Central Heaters and requested partial 
delegation to implement and enforce certain provisions of the NSPS. On 
September 19, 2017, the EPA sent VT ANR a letter approving the request 
for partial delegation to implement and enforce the NSPS as specified 
by VT ANR in its notification to the EPA. A copy of the EPA's September 
19, 2017 letter to VT ANR follows:

Heidi Hales, Division Director
Department of Environmental Conservation
One National Life Drive
Montpelier, VT 05620-3802

Dear Ms. Hales:
    On March 16, 2015, the EPA promulgated Standards of Performance 
for New Residential Wood Heaters, New Residential Hydronic Heaters, 
and Forced-Air Furnaces (NSPS) at 40 CFR part 60, subparts AAA and 
QQQQ. In your letter dated May 19, 2017, the Vermont Agency of 
Natural Resources (VT ANR) requested partial delegation to implement 
and enforce certain provisions of the NSPS.

Delegation Request

    VT ANR requested partial delegation to implement and enforce the 
following provisions of the NSPS at 40 CFR 60.539a and 60.5482:
    1. Enforcement of prohibitions on the installation and operation 
of affected wood heaters and central heaters in a manner 
inconsistent with the installation and owner's manual;
    2. Enforcement of prohibitions on operation of catalytic wood 
heaters or central heaters where the catalyst has been deactivated 
or removed;
    3. Enforcement of prohibitions on advertisement and/or sale of 
uncertified model lines;
    4. Enforcement of prohibitions on advertisement and/or sale of 
affected wood heaters and central heaters that do not have the 
required permanent label;
    5. Enforcement of proper labeling of affected wood heaters and 
central heaters; and
    6. Enforcement of compliance with other labeling requirements 
for wood heaters and central heaters.

Delegation of Authority

    On December 15, 2016, VT ANR adopted and amended the Vermont Air 
Pollution Control Regulations at Sec.  5-204 for Wood Stoves and 
Central Heaters. In the May 19, 2017 letter, VT ANR provided copies 
of its revised regulations and its authority to accept delegation.
    The EPA has reviewed the pertinent regulations of the State of 
Vermont, and has determined they provide an adequate and effective 
procedure for implementation of the requested NSPS provisions. 
Accordingly, the EPA hereby approves your request for partial 
delegation of authority to implement and enforce the identified 
provisions of the NSPS at 40 CFR 60.539a and 60.5482.
    Please note that this partial delegation of authority is subject 
to the terms and conditions in the March 6, 1996 Memorandum of 
Understanding between the VT ANR and the EPA for delegation of 
Section 111 standards. In addition, the EPA is not delegating any 
authorities under 40 CFR 60.539a and 60.5482 that specifically 
indicate they cannot be delegated.
    Since this delegation is effectively immediately, there is no 
need for VT ANR to notify the EPA of its acceptance. Unless we 
receive written notice of objections from VT ANR within ten (10) 
days from the date of this letter, VT ANR will be deemed to have 
accepted all of the terms as stated herein. We will publish a notice 
of delegation of authority in the Federal Register informing the 
public of this action.
    The EPA appreciates Vermont's efforts to accept partial 
delegation and implement and enforce the Wood Heater and Central 
Heater NSPS delegated provisions. If you have any questions 
regarding this matter, please don't hesitate to contact Eric Wortman 
at (617) 918-1624.

Sincerely,

Deborah A. Szaro


[[Page 48203]]


Acting Regional Administrator

    This document informs regulated facilities and the public of the 
EPA's approval of Vermont's request for partial delegation of authority 
to implement and enforce the NSPS. The partial delegation of authority 
was effective on September 19, 2017.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of section 
111 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: October 2, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA-New England.
[FR Doc. 2017-22364 Filed 10-16-17; 8:45 am]
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