[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14903-14906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07156]


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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.

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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

[[Page 14904]]

stoves state-wide and used wood stoves located in the defined Program 
Area.\2\
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    \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).
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    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\
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    \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.
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(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.
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    \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.
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(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\
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    \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.
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(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\
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    \6\ The AIR program area is defined in the Colorado Revised 
Statutes, Section 42-4-304(20)(a).
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(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

[[Page 14905]]

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).

[[Page 14906]]

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