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[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Proposed Rules]
[Pages 41742-41744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17866]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0288; FRL-9440-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Particulate Matter Emissions From the 
Operation of Outdoor Wood-Fired Boilers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. This revision 
pertains to the control of particular matter emissions from the 
operation of outdoor wood-fired boilers. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 15, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0288 by one of the following methods
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov
    C. Mail: EPA-R03-OAR-2011-0288, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, 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-
2011-0288. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 
http://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.

[[Page 41743]]

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 http://www.regulations.gov or in hard copy during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Copies of the State submittal are available at the Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: On October 20, 2010, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a revision to 
its SIP for the control of particular matter (PM) emissions from the 
operation of outdoor wood-fired boilers (OWBs).

I. Background

    On July 18, 1997 (62 FR 38652), EPA amended the National Ambient 
Air Quality Standard (NAAQS) for PM to add a new standard for fine 
particles, using fine particulates equal to or less than 2.5 
micrometers in diameter (PM2.5) as the indicator. EPA set 
the health-based (primary) and welfare-based (secondary) 
PM2.5 annual standard at a level of 15 micrograms per cubic 
meter ([mu]g/m\3\) and the 24-hour standard at a level of 65 [mu]g/
m\3\. The health-based primary standard is designed to protect human 
health from elevated levels of PM2.5, which have been linked 
to premature mortality and other health effects. The secondary standard 
is designed to protect against major environmental effects of 
PM2.5 such as visibility impairments, soiling, and materials 
damage. On October 17, 2006 (71 FR 61236), EPA revised the primary and 
secondary 24-hour NAAQS for PM2.5 to 35 [mu]g/m\3\ from 65 
[mu]g/m\3\.
    A significant and growing source of PM2.5 emissions in 
the Commonwealth of Pennsylvania is from OWBs. OWBs, also referred to 
as outdoor wood-fired furnaces, outdoor wood-burning appliances, or 
outdoor hydronic heaters, 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. They resemble a 
small shed or mini-barn with a short smokestack on top. OWBs are being 
sold to heat homes and buildings; produce domestic hot water; heat 
swimming pools or hot tubs; and provide heat to agricultural operations 
such as greenhouses and dairies.
    A concern associated with certain OWBs is the air pollution they 
may produce. Smoldering fires and short smokestacks may create heavy 
smoke to the ground that sometimes causes a neighborhood nuisance or an 
adverse impact on public health and the environment. Smoke from OWBs 
which forms from incomplete combustion, contains emissions from fine 
particle pollution, carbon monoxide, and other organic products, such 
as formaldehyde, benzene and aromatic hydrocarbons, all of which can 
cause cancer. When inhaled, fine particles from smoke emissions are 
carried deep into the lungs and can impair lung function and aggrevate 
existing medical conditions such as asthma, lung, or heart disease. 
Individuals particularly sensitive to PM2.5 exposure include 
older adults, people with lung and heart disease, and children.
    Unlike indoor wood stoves that are regulated by EPA, OWBs are not 
required to meet a Federal emission standard, and the majority of them 
are not equipped with pollution controls. EPA initiated a voluntary 
program that encourages manufacturers of OWBs to improve air quality 
through developing and distributing cleaner-burning, more efficient 
OWBs. Through this voluntary effort, OWBs are certified and labeled to 
meet EPA emissions performance levels in two phases. Phase 1 of the 
program was in place from January 2007 through October 15, 2008. To 
qualify for Phase 1, manufacturers were required to develop an OWB 
model that was 70 percent cleaner-burning than unqualified models by 
meeting the EPA air emission standard of 0.6 pound PM per million 
British thermal unit (Btu) heat input as tested by an independent 
accredited laboratory. Phase 1 OWB models are labeled with an orange 
tag. Phase 1 Partnership Agreements ended when Phase 2 Partnership 
Agreements were initiated on October 16, 2008. To qualify for Phase 2, 
manufacturers must develop an OWB model that is 90 percent cleaner-
burning than the Phase 1 OWBs and meet the EPA air emissions standard 
of 0.32 pound PM per million Btu heat output. The Phase 2 OWB models, 
just like the Phase 1 OWB models are also tested by an independent 
accredited laboratory. Phase 2 OWB models are labeled with a white tag. 
Additional information about the EPA voluntary OWB program is available 
on EPA's Web site at http://www.epa.gov/burnwise. Furthermore, the 
Northeast States for Coordinated Air Use Management (NESCAUM), which is 
a regional air pollution control organization, comprised of the air 
program directors of all the New England states, New York and New 
Jersey, in coordination with a number of states and EPA, developed a 
model rule for regulating OWBs (also known as outdoor hydronic heaters 
(OHHs)). The model rule was released in January 2007 and is available 
at http://www.nescaum.org/topics/outdoor-hydronic-heaters. The purpose 
of the model rule is to assist state and local agencies in adopting 
requirements that will reduce air pollution from OWBs. The model rule 
establishes emission limits and labeling requirements for new OWBs and 
contains the following components for both new and existing OWBs: 
setback requirements from property lines, structures, and homes; stack 
height requirements; and distributor and buyer notification 
requirements.

II. Summary of SIP Revision

    The SIP revision adds definitions and terms to Title 25 of the 
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions, 
used in the substantive provision of this SIP revision. In addition, 
the SIP revision adds a new regulation to 25 Pa. Code Chapter 123 
(Standards for Contaminants) Particulate Matter Emissions, Section 
123.14 (Outdoor Wood-Fired Boilers). The emission standard established 
in this SIP revision is the Phase 2 emission standard described in the 
EPA voluntary OWB program. The SIP revision is also based on the 
NESCAUM model rule.
    The new regulation (Section 123.14) applies to the following: (1) 
To a person, manufacturer, supplier or distributor who sells, offers 
for sale, leases or distributes an outdoor wood-fired boiler for use; 
(2) a person who installs an outdoor wood-fired boiler; and (3) a 
person who purchases, receives, leases, owns, uses or operate an 
outdoor wood-fired boiler. The new regulation consists of the 
following: (1) Exemptions for a non-Phase 2 OWB; (2) Phase 2 OWB 
provisions; (3) setback requirements for new Phase 2 OWBs; (4) stack 
height requirements for new Phase 2 OWBs; (5) allowed fuels; (6) 
prohibited fuels; and (7) applicable laws and regulatory requirements. 
A detailed summary of EPA's review of and rationale for

[[Page 41744]]

proposing to approve this SIP revision may be found in the Technical 
Support Document (TSD) for this action which is available online at 
http://www.regulations.gov, Docket number EPA-R03-OAR-2011-0288.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revision that 
amends 25 Pa. Code Chapter 121.1 by adding new definitions, and adding 
a new regulation, 25 Pa. Code Chapter 123, Section 123.14, pertaining 
to the control of PM emissions from the operation of OWBs. This SIP 
revision was submitted on October 20, 2010. The emission standard 
established in this SIP revision is the Phase 2 emission standard 
described in the EPA voluntary program. This SIP revision is also based 
on the NESCAUM model rule that assisted PADEP in adopting requirements 
that will reduce air pollution from OWBs. This SIP revision reduces the 
problems associated with the operation of OWBs, including smoke, odors 
and burning prohibited fuels, including garbage, tires, and hazardous 
waste. Reductions in ambient levels of PM2.5 would promote 
improved human and animal health and welfare, improved visibility, 
decreased soiling and materials damage, and decrease damage to plants 
and trees. 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 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 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 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 Pennsylvania's 
control of PM emissions from the operation of outdoor wood-fired 
boilers, 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, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements.

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

    Dated: June 28, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-17866 Filed 7-14-11; 8:45 am]
BILLING CODE 6560-50-P
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