41742 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Proposed Rules 

the CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Charleston Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Charleston Area. 

In addition, if EPA’s separate and 

independent proposed determination 

that the Area has attained the 1997 

annual PM2.5 standard by its applicable 

attainment date (April 5, 2010), is 

finalized, EPA will have met its 

requirement pursuant to section 

179(c)(1) of the CAA to make a 

determination based on the Area’s air 

quality data as of the attainment date 

whether the Area attained the standard 

by that date. These two actions 

described above are proposed 

determinations regarding the Charleston 

Area’s attainment only with respect to 

the 1997 annual PM2.5 NAAQS. Today’s 

actions do not address the 24-hour PM2.5

NAAQS. 

V. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these proposed actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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, these proposed 1997 

annual PM2.5 NAAQS determinations 

for the Charleston Area do 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, Particulate matter, 

Reporting and record-keeping 

requirements. 

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

Dated: June 27, 2011. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–17868 Filed 7–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 previouslylisted 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Proposed Rules 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 welfarebased (secondary) PM2.5 annual 

standard at a level of 15 micrograms per 

cubic meter (μg/m3) and the 24-hour 

standard at a level of 65 μg/m3. 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 μg/m3 from 65 μg/m3. 

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/outdoorhydronic-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 woodfired 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
41744 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0537; FRL–9432–1] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

volatile organic compound (VOC) 

emissions from consumer paint thinner 

& multi-purpose solvents and 

metalworking fluids & direct-contact 

lubricants. We are proposing to approve 

local rules to regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by August 15, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0355, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 


emcdonald on DSK2BSOYB1PROD with PROPOSALS