[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34063-34064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15106]



[[Page 34063]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0054; FRL-9995-93-Region 8]


Approval and Promulgation of Implementation Plans; Colorado; 
Revisions to Regulation Number 4, Sale and Installation of Wood-Burning 
Appliances and the Use of Certain Wood Burning Appliances During High 
Pollution Days

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions to Colorado Regulation Number 4 
(Reg. No. 4), ``Sale and Installation of Wood-Burning Appliances and 
the Use of Certain Wood Burning 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. The EPA is taking this action in accordance with the Clean Air 
Act (CAA).

DATES: This rule is effective on August 16, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0054. All documents in the docket are 
listed on the http://www.regulations.gov website. 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, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6563, fulton.abby@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our April 
12, 2019 proposal (84 FR 14903). In that document we proposed to 
approve the SIP submittals from the State of Colorado for Reg. No. 4 
submitted 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 
(New Source Performance Standards 40 CFR part 60, subpart AAA).
    We received one comment in support of our proposed action.

II. Final Action

    We are approving the SIP submittals from the State of Colorado for 
Reg. No. 4 submitted on May 14, 2018 and May 2, 2016 (except for 
provisions that have been superseded by the later submission, as to 
which we are not taking any action).\1\ We proposed these actions in 
accordance with section 110 and part D of the CAA.
---------------------------------------------------------------------------

    \1\ On November 21, 2018, the EPA proposed amendments to the 
revised 2015 NSPS, seeking comments on allowing retailers additional 
time to sell existing inventory of wood stoves and on whether pellet 
fuel requirements should be revised (83 FR 61574). In addition, the 
EPA issued an Advanced Notice of Proposed Rulemaking to seek 
comments on test methods and the 2020 compliance deadline for 
tighter emission limits for forced-air furnaces, hydronic heaters 
and wood stoves in the revised 2015 NSPS AAA (83 FR 61585). If new 
federal requirements are finalized through these actions, Colorado 
may update Reg. No. 4 through future SIP revisions to align Reg. No. 
4 with federal requirements.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of 
Colorado Reg. No. 4 pertaining to the regulation of wood stoves as 
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). Therefore, these materials have 
been approved by the EPA for inclusion in the State Implementation 
Plan, have been incorporated by reference by the EPA into that plan, 
are fully federally enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of the EPA's approval, 
and will be incorporated by reference in the next update to the SIP 
compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
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 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, 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

[[Page 34064]]

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 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 16, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

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.

    Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. In Sec.  52.320, in the table in paragraph (c), section 5 CCR 1001-
06 is revised to read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                         State
               Title                   effective    EPA  effective   Final rule/citation          Comments
                                         date             date               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  5 CCR 1001-06, Regulation Number 4, Sale and Installation of Wood-Burning Appliances and Use of Certain Wood
                                  Burning Appliances During High Pollution Days
----------------------------------------------------------------------------------------------------------------
I. Definitions....................       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
II. Limitation on the Sale and           4/30/2017       8/16/2019  [Insert Federal        Previous SIP approval
 Installation of Wood-Burning                                        Register citation] 7/  04/17/97.
 Stoves.                                                             17/2019.
III. Approval Procedure for Pellet       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
 Stoves.                                                             Register citation] 7/  04/17/97.
                                                                     17/2019.
V. Enforcement....................       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
VI. List of Approved-Wood Burning        1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
 Appliances.                                                         Register citation] 7/  04/17/97.
                                                                     17/2019.
VII. High Pollution Days..........       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
VIII. Requirements for                   4/30/2017       8/16/2019  [Insert Federal        Previous SIP approval
 Installation of Fireplaces.                                         Register citation] 7/  04/17/97.
                                                                     17/2019.
IX. Implementation of Local              1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
 Controls.                                                           Register citation] 7/  04/17/97.
                                                                     17/2019.
X. References.....................       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-15106 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P


