Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules 37259 

planned. For further information, please 

see the direct final action. 

Dated: May 23, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–15261 Filed 6–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2009–0734; FRL–9913–22– 

OAR] 

RIN 2060–AP93 

Standards of Performance for New 

Residential Wood Heaters, New 

Residential Hydronic Heaters and 

Forced-Air Furnaces, and New 

Residential Masonry Heaters 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; Notice of Data 

Availability. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing this Notice of 

Data Availability (NODA) in support of 

the proposed rule titled, ‘‘Standards of 

Performance for New Residential Wood 

Heaters, New Residential Hydronic 

Heaters and Forced-Air Furnaces, and 

New Residential Masonry Heaters’’ that 

was published on February 3, 2014. 

Through this NODA, the EPA is making 

available to the public, and soliciting 

comment on, the specific additional 

information on residential wood heater 

testing and certification that has been 

added to the docket for the proposed 

rule. This comment period is limited to 

comments on the specific data added 

and issues that relate to this data; it is 

not an additional period to comment on 

other aspects of this proposed rule. 

DATES: Comments must be received on 

or before July 31, 2014. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2009–0734, by one of 

the following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OAR–2009–0734. 

• Fax: (202) 566–9744, Attention 

Docket ID No. EPA–HQ–OAR–2009– 

0734. 

• Mail: United States (U.S.) Postal 

Service, send comments to EPA Docket 

Center, WJC West Building (Air Docket), 

Attention Docket ID Number EPA–HQ– 

OAR–2009–0734, U.S. Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20004. Please include a 

total of two copies. 

• Hand Delivery: EPA Docket Center, 

WJC West Building (Air Docket), Room 

3334, 1301 Constitution Avenue NW, 

Washington, DC, Attention Docket ID 

Number EPA–HQ–OAR–2009–0734. 

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: All submissions must 

include the agency name and docket ID 

number (EPA–HQ–OAR–2009–0734). 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. Instead, clearly mark the 

portions of the information that you 

claim to be CBI and send or deliver only 

to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID Number 

EPA–HQ–OAR–2009–0734. For CBI 

information on a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

you claim as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, 

you must submit a copy of the comment 

that does not contain the portions of the 

information claimed as CBI for 

inclusion in the public docket. If you 

submit a disk or CD–ROM that does not 

contain CBI, mark the outside of the 

disk or CD–ROM clearly that it does not 

contain CBI. Information not marked as 

CBI will be included in the public 

docket and the EPA’s electronic public 

docket without prior notice. The 

portions of the information marked as 

CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

The EPA requests that you also 

submit a separate copy of your 

comments to the contact person 

identified below (see FOR FURTHER

INFORMATION CONTACT). You should send 

to this person only a copy of the 

comment that does not contain the 

portions of information claimed as CBI 

or otherwise protected. 

The www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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: The EPA has established a 

docket for this rulemaking under Docket 

ID Number EPA–HQ–OAR–2009–0734. 

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 form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The 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. For additional information about 

the EPA’s public docket, visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gil Wood, Office of Air Quality 

Planning and Standards, Outreach and 

Information Division, Community and 

Tribal Programs Group (C304–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

5272; fax number: (919) 541–0242; 

email address: wood.gil@epa.gov. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
37260 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules 

1Under state law, wood stoves offered for sale in 

the state of Washington must meet a particulate 

emissions limit of 4.5 g/hr for non-catalytic wood 

stoves and 2.5 g/hr for catalytic wood stoves. 

SUPPLEMENTARY INFORMATION: The 

information in this NODA is organized 

as follows: 

I. Does this action apply to me? 

II. What are the background and purpose of 

this NODA? 

I. Does this action apply to me? 

The entities that are potentially 

affected by this NODA are listed in 

Table 1 below. This table is not 

intended to be exhaustive, but to 

provide a guide for readers regarding 

entities likely to be affected by this 

NODA. 

TABLE 1—POTENTIALLY REGULATED ENTITIES

Category NAICSa Code Examples of regulated entities 

Residential Wood Heating ... 333414—Heating Equipment (except Warm Air Furnaces) Manufacturing.Manufacturers, owners and operators of wood heaters, 

pellet heaters/stoves, hydronic heaters, and masonry 

heaters. 

333415—Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration 

Equipment Manufacturing.

Manufacturers, owners and operators of forced-air furnaces. 

238140—Masonry Contractors ....................................... Manufacturers, owners, operators and testers of masonry heaters. 

Testing Laboratories ............ 541380—Testing Laboratories (except Medical, Veterinary).Testers of wood heaters, pellet heaters/stoves, 

hydronic heaters and masonry heaters. 

a North American Industry Classification System. 

II. What are the background and 

purpose of this NODA? 

On February 3, 2014, at 79 FR 6330, 

the EPA proposed to amend standards 

of performance for New Residential 

Wood Heaters and to add two new 

subparts: Standards of Performance for 

New Residential Hydronic Heaters and 

Forced-Air Furnaces and Standards of 

Performance for New Residential 

Masonry Heaters. The EPA is issuing 

this NODA in support of the proposed 

standards. Through this NODA, the EPA 

is making available to the public, and 

soliciting comment on, additional 

information on residential wood heater 

testing and certification that has been 

added to the docket for the proposed 

rule. Specifically, we are making 

available the following: (1) Additional 

details of certification testing (using crib 

wood) of wood stoves and pellet stoves 

certified by the EPA between January 1, 

2010, and May 30, 2014; (2) details of 

cord wood testing by two manufacturers 

of their EPA-certified catalytic wood 

stoves; and (3) details of cord wood 

testing by Brookhaven National 

Laboratory (BNL), under contract to the 

EPA, of an EPA-certified noncatalytic 

wood stove. 

1. Additional Details of Certification 

Testing (using crib wood) of Wood 

Stoves and Pellet Stoves Certified by 

EPA between January 1, 2010 and May 

30, 2014. All EPA-certified wood 

heaters that are offered or advertised for 

sale in the United States are subject to 

the current (1988) New Source 

Performance Standard (NSPS) for New 

Residential Wood Heaters under the 

Clean Air Act (40 CFR part 60, subpart 

AAA). These EPA-certified appliances 

are required to meet the particulate 

emissions limit of 7.5 grams per hour 

(g/hr) for non-catalytic wood heaters 

and 4.1 g/hr for catalytic wood heaters.1

The model line certifications are based 

primarily on testing of representative 

stoves by EPA-accredited test 

laboratories according to EPA Method 

28. Method 28 and the NSPS require 

testing for each of four burn rate 

categories. Category 4 is the maximum 

burn rate. Category 1 is the minimum 

burn rate. Categories 2 and 3 are in 

between. In the EPA’s February 3, 2014, 

proposal, we proposed to update and 

strengthen the existing emission limits 

for these wood heaters over a 5-year 

period. One of the aspects of the 

proposal included requiring compliance 

for each of the individual burn rates 

rather than just the weighted average. 

These additional data supplement the 

previous data in the docket, which are 

for wood stoves certified prior to 

January 1, 2010. 

As of May 30, 2014, the EPA has 

certified approximately 1,000 wood and 

pellet stove model lines that comply 

with the current NSPS. Summary 

information, including weighted 

emission averages, for these stoves is 

located at: http://www.epa.gov/

Compliance/resources/publications/

monitoring/caa/woodstoves/

certifiedwood.pdf. 

From February 1988 to December 31, 

2009, the EPA certified over 900 wood 

stove model lines. Particulate matter 

emissions by burn rate for most of the 

stoves in production on December 31, 

2009, were summarized by the Hearth, 

Patio and Barbecue Association (HPBA) 

in a database for the EPA and the EPA 

included it in the docket prior to the 

February 3, 2014, proposal. 

Since December 31, 2009, the EPA has 

certified over 100 wood stove model 

lines that comply with the current 

NSPS. The EPA is announcing the 

availability of detailed emissions data 

for each of these model lines certified 

since December 31, 2009. Manufacturers 

and laboratories previously used allencompassing CBI claims to restrict 

public access to these emission data. 

The EPA has gone through the official 

CBI process to release the emission data. 

The following data, for each model 

line certified since December 31, 2009, 

are available in the docket for the 

proposed rule (http://www 

.regulations.gov/#!docketDetail;D=EPAHQ-OAR-2009-0734): 

• Year of certification; 

• Average weighted emission rate; 

• Device type (i.e., catalytic stove, 

non-catalytic stove, or pellet stove); 

• EPA test method used (e.g., 5G or 

5H); and 

• Emission results for individual burn 

categories for all burn rates—Categories 

1, 2, 3 and 4. In some cases, there are 

multiple test runs for some burn rate 

categories. 

The EPA asks for comments on these 

data and how they may influence the 

final rule. 

2. Details of Cord Wood Testing by 

Two Manufacturers of Their EPAcertified Catalytic Wood Stoves. The 

EPA has received emissions test data 

from two catalytic wood stove 

manufacturers that show their EPAcertified wood stoves tested using cord 

wood—and making no design changes 

to adjust for crib wood versus cord 

wood in the tests—have similar 

emissions as stoves tested using crib 

wood. That is, the test data for an EPAVerDate Mar<15>2010 16:47 Jun 30, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\01JYP1.SGM 01JYP1

tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules 37261 

certified Woodstock Soapstone stove 

and two EPA-certified stoves produced 

by another manufacturer show 

particulate emission rates (g/hr) using 

cord wood that are equal to or less than 

the corresponding test data using crib 

wood for all burn rates. The EPA asks 

for comments on these data and how 

they may influence the final rule. 

3. Details of Cord Wood Testing by 

Brookhaven National Laboratory (BNL), 

under Contract to the EPA, of an EPAcertified Noncatalytic Wood Stove. 

Numerous comments on the February 3, 

2014, proposal suggest that 

manufacturers tune their stoves to the 

EPA crib wood certification test method 

and that they would need to re-tune 

their stoves for the proposed Step 2 cord 

wood certification test method. We 

believe this is true and that 

manufacturers will soon adjust the 

combustion air flows, directions and 

proportions to better match the change 

in hydrocarbon volatilization rate due to 

the difference in surface area to volume 

ratio for crib wood versus cord wood. 

However, numerous non-catalytic stove 

manufacturers have indicated that they 

are waiting for the proposed NSPS 

revisions to become final before they 

undergo the expense of such testing. At 

this time, no manufacturer has 

submitted particulate matter emissions 

test data for non-catalytic wood stoves 

tuned to burn cord wood during tests 

similar to the EPA certification tests or 

the ASTM (formerly known as the 

American Society for Testing and 

Materials) draft cord wood test method. 

In June 2014, BNL (under an EPA 

contract) conducted new emissions 

testing of a popular non-catalytic EPAcertified wood stove using cord wood. 

Existing EPA certification test data for 

crib wood based on the current EPA 

Test Method 5G (http://www.epa.gov/

ttnemc01/promgate/m-05g.pdf) were 

compared to the new test data for using 

cord wood (with no stove design 

changes). Use of existing crib wood data 

were used for the comparison in order 

to minimize the cost of the additional 

testing. We note that this raises the 

question whether new crib wood testing 

would have produced similar results as 

the previous crib wood testing. Also, we 

note that the new cord wood testing was 

conducted with Method 5H, whereas 

the previous certification testing was 

conducted with Method 5G. The results 

of the test show: 

a. For a popular, current model noncatalytic stove that was not adjusted by 

the manufacturer for burning cord wood 

instead of crib wood during the 

certification test, the emission test 

results can be significantly higher than 

the crib emission test results. As 

discussed above, the proposed Step 2 

reasonably anticipates that the 

manufacturers would adjust the 

combustion air flows, directions and 

proportions to better match the change 

in hydrocarbon volatilization rate due to 

the difference in surface area to volume 

ratio for cribs versus cord wood. 

However, that was not done for this new 

test series. 

b. Repeatability of cord wood test 

method results can sometimes be very 

good. For example, the results for three 

replicate tests for burn rate Category 4 

(the maximum burn rate) were within 

15 percent of each other. 

c. Higher moisture content of the fuel 

can increase particulate matter 

emissions. 

The complete BNL test report and 

summary have been added to the docket 

for the proposed rule at: http://www 

.regulations.gov/#!docketDetail;D=EPAHQ-OAR-2009-0734. The EPA asks for 

comments on these data and how they 

may influence the final rule. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Hazardous substances, 

Intergovernmental relations, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: June 24, 2014. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2014–15469 Filed 6–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R06–RCRA–2013–0461; FRL 9911– 

75–Region 6] 

Oklahoma: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to codify in the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’, Oklahoma’s authorized 

hazardous waste program. The EPA will 

incorporate by reference into the Code 

of Federal Regulations (CFR) those 

provisions of the State regulations that 

are authorized and that the EPA will 

enforce under the Solid Waste Disposal 

Act, commonly referred to as the 

Resource Conversation and Recovery 

Act (RCRA). 

DATES: Send written comments by July 

31, 2014. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, or Julia 

Banks Codification Coordinator, State/

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

Phone number: (214) 665–8533 or (214) 

665–8178. You may also submit 

comments electronically or through 

hand delivery/courier; please follow the 

detailed instructions in the ADDRESSES

section of the immediate final rule 

which is located in the Rules section of 

this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, (214) 665–8533. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register (FR), the EPA is 

codifying and incorporating by 

reference the State’s hazardous waste 

program as direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this codification and incorporation by 

reference in the preamble to the direct 

final rule. Therefore, the purpose of this 

FR document is to codify Oklahoma’s 

base hazardous waste management 

program and its program revisions 

through RCRA Cluster XXI (see 78 FR 

32161) May 29, 2013. The EPA provided 

notices and opportunity for comments 

on the Agency’s decisions to authorize 

the Oklahoma program, and the EPA is 

not now reopening the decisions, nor 

requesting comments, on the Oklahoma 

authorizations as published in the FR 

notices specified in Section B of the 

direct final rule FR document. 

This document incorporates by 

reference Oklahoma’s hazardous waste 

statutes and regulations and clarifies 

which of these provisions are included 

in the authorized and federally 

enforceable program. By codifying 

Oklahoma’s authorized program and by 

amending the Code of Federal 

Regulations, the public will be more 

easily able to discern the status of 

federally approved requirements of the 

Oklahoma hazardous waste 

management program. 


tkelley on DSK3SPTVN1PROD with PROPOSALS