3532 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 

environmental protection for all affected 

populations over the 2017 CGP. EPA 

requested comments on this preliminary 

determination and/or any modifications 

that EPA should make to the proposed 

permit to address environmental 

concerns. EPA received no comments 

directly applicable to the request for 

feedback. Therefore, in the absence of 

comments that contradict the 

preliminary determination, EPA finds 

that this action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898 

(59 FR 7629, February 16, 1994). 

X. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. With limited 

exceptions, EPA directly implements 

the NPDES program in Indian country 

as no tribe has yet obtained EPA 

authorization to administer the NPDES 

program. As a result, almost all eligible 

facilities with stormwater discharges 

from construction activities in Indian 

country fall under EPA’s CGP or may be 

covered under an individual NPDES 

permit issued by EPA. 

EPA consulted with tribal officials 

under EPA’s Policy on Consultation and 

Coordination with Indian Tribes early in 

the process of developing this permit to 

have meaningful and timely input into 

its development to gain an 

understanding of and, where necessary, 

to address the tribal implications of the 

permit. During this consultation, EPA 

conducted the following activities: 

• August 13, 2020—EPA initiated a 

tribal consultation and coordination 

process for this action by sending a 

‘‘Notice of Consultation and 

Coordination’’ letter to all 573 federally 

recognized tribes. The letter invited 

tribal leaders and designated 

consultation representative(s) to 

participate in the tribal consultation and 

coordination process. The consultation 

period was from August 13, 2020 to 

October 27, 2020. 

• September 9, 2020—EPA 

participated in the National Tribal 

Water Council monthly conference call 

and received written comments in 

response. 

• September 16, 2020—EPA led an 

informational webinar to provide an 

overview of the 2017 CGP and 

information regarding the ongoing 

consultation to the National Tribal 

Caucus. A total of 34 tribal 

representatives attended. 

• June 24, 2021—EPA hosted an 

information webinar for tribal 

representatives on the proposed 2022 

CGP. A total of 41 participants attended. 

EPA received comments providing 

input from tribes. These comments are 

described in EPA’s tribal consultation 

summary, which is can be accessed at 

https://www.epa.gov/dockets in the 

docket for this permit (refer to Docket ID 

No. EPA–HQ–OW–2021–0169). In 

addition, EPA received comments 

during the September 16, 2020 

informational webinar and a September 

9, 2020 National Tribal Water Council 

monthly conference call with EPA staff. 

EPA also received comments on the 

proposed permit, which the agency 

considered as part of the finalization of 

this permit. EPA’s responses to 

comments can be found https://

www.epa.gov/dockets in the docket for 

this permit (refer to Docket ID No. EPA– 

HQ–OW–2021–0169). 

EPA also notes that as part of the 

finalization of this permit, the agency 

completed the Section 401 certification 

procedures with all applicable tribes 

where this permit applies (see 

Appendix B). EPA hosted two CWA 

Section 401 pre-filing meetings for 

tribes on the proposed 2022 CGP prior 

to requesting CWA Section 401 

certification, as required. These 

meetings provided certifying tribes an 

opportunity to meet with EPA about the 

proposed permit before completing their 

certification. For the first meeting on 

June 3, 2021, there were 20 tribal 

representatives who signed up to 

participate, and for the second meeting 

on June 17, 2021 there were 24 

representatives who signed up. EPA 

plans to provide email notification to all 

tribes of the final 2022 CGP. 

As required by section 7(a) of the 

Executive Order, the EPA’s Tribal 

Consultation Official has certified that 

the requirements of the executive order 

have been met in a meaningful and 

timely manner. A copy of the 

certification is included in the docket 

for this action. 

XI. Executive Order 13211: Actions 

That Significantly Affect Energy 

Supply, Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

This is a renewal of a stormwater 

discharge permit for construction sites 

and was submitted to OMB for review. 

Authority: Clean Water Act, 33 U.S.C. 

1251 et seq. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

Javier Laureano, 

Director, Water Division, EPA Region 2. 

Carmen Guerrero-Perez, 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

Catherine A. Libertz, 

Director, Water Division, EPA Region 3. 

Jeaneanne Gettle, 

Director, Water Division, EPA Region 4. 

Tera Fong, 

Director, Water Division, EPA Region 5. 

Charles W. Maguire, 

Director, Water Division, EPA Region 6. 

Jeffery Robichaud, 

Director, Water Division, EPA Region 7. 

Darcy O’Connor, 

Director, Water Division, EPA Region 8. 

Toma ́ s Torres, 

Director, Water Division, EPA Region 9. 

Daniel D. Opalski, 

Director, Water Division, EPA Region 10. 

[FR Doc. 2022–01258 Filed 1–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2021–0951; FRL–9474–01– 

OAR] 

Withdrawal of Broadly Applicable 

Alternative Test Methods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of withdrawal. 

SUMMARY: This notice announces the 

withdrawal of broadly applicable 

alternative test method approval 

decisions for Alternatives 125 and 127 

(or ALT–125 and ALT–127) that the 

Environmental Protection Agency (EPA) 

made in 2018 under Standards of 

Performance for New Residential Wood 

Heaters. 

DATES: The withdrawal of the broadly 

applicable alternative test methods 

ALT–125 and ALT–127 will become 

effective February 23, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Electronic copies of supporting 

documents for both alternative test 

method withdrawals are available at 

Docket ID No. EPA–HQ–OAR–2021– 

0951. For questions about this notice, 

contact Mrs. Lula H. Melton, Air Quality 

Assessment Division, Office of Air 

Quality Planning and Standards (E143– 

02), Environmental Protection Agency, 

Research Triangle Park, NC 27711; 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 3533 

telephone number: (919) 541–2910; fax 

number: (919) 541–0516; email address: 

melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this notice apply to me? 

This notice will be of interest to 

entities regulated under 40 CFR part 60, 

subpart AAA—Standards of 

Performance for New Residential Wood 

Heaters; state, local, and tribal agencies; 

and the EPA Regional offices 

responsible for implementation and 

enforcement of regulations under 40 

CFR part 60, subpart AAA—Standards 

of Performance for New Residential 

Wood Heaters. 

B. How can I get copies of this 

information? 

You may access copies of documents 

supporting our broadly applicable 

alternative test method withdrawal 

decision at Docket ID No. EPA–HQ– 

OAR–2021–0951. 

II. Background 

The Administrator has the authority 

to approve the use of alternative test 

methods for compliance with 

requirements under 40 CFR parts 60, 61, 

and 63. This authority is found in 40 

CFR 60.8(b)(3), 61.13(h)(1)(ii), and 

63.7(e)(2)(ii). Additional and similar 

authority can be found in 40 CFR 

59.104(f) and 65.158(a)(2). The criteria 

for approval and procedures for 

submission and review of broadly 

applicable alternative test methods are 

explained in a previous Federal 

Register notice published at 72 FR 4257 

(January 30, 2007) and located at 

https://www.epa.gov/emc/broadlyapplicable-approved-alternative-testmethods. As explained in this notice, 

we will announce approvals for broadly 

applicable alternative test methods at 

https://www.epa.gov/emc/broadlyapplicable-approved-alternative-testmethods as they are issued and publish 

an annual notice that summarizes 

approvals for broadly applicable 

alternative test methods during the 

preceding year. 

This notice relates to two broadly 

applicable alternative test methods that 

EPA approved in 2018 for Standards of 

Performance for New Residential Wood 

Heaters, 40 CFR part 60, subpart AAA. 

Specifically, ALT–125 allowed for the 

use of ASTM E3053–17 and ASTM 

E2515–11, both with the changes 

specified in the Agency’s approval letter 

dated February 28, 2018 (revised on 

August 22, 2018), and Canadian 

Standards Administration (CSA) 

Method CSA–B415.1–10, as an 

alternative to test methods and 

procedures for certification of standards 

that are contained in 40 CFR 60.534. 

Similarly, as an alternative to 40 CFR 

60.534, ALT–127 allowed the use of 

ASTM E3053–17 and ASTM E2515–11, 

both with the changes specified in the 

Agency’s approval letter dated April 13, 

2018, and CSA Method CSA–B415.1–10. 

Further, alternatives 125 and 127 were 

included in the Federal Register notice 

published on March 4, 2019 (84 FR 

7363). 

III. Withdrawal of Approved 

Alternative Test Methods 

As explained in our January 30, 2007 

notice, we will revisit approvals of 

alternative test methods in response to 

written requests or objections indicating 

that a particular approved alternative 

test method either should not be broadly 

applicable or that its use is not 

appropriate or should be limited in 

some way. Any objection to a broadly 

applicable alternative test method, as 

well as the resolution of that objection, 

will be announced at https://

www.epa.gov/emc/broadly-applicableapproved-alternative-test-methods and 

in a subsequent Federal Register notice. 

On April 28, 2021, the Alaska 

Department of Environmental 

Conservation (Alaska) requested that the 

Office of Air Quality Planning and 

Standards (OAQPS) withdraw 

previously approved broadly applicable 

alternative test methods ALT–125 and 

ALT–127, which, as earlier explained, 

are used for compliance test purposes to 

certify residential wood heaters 

pursuant to 40 CFR part 60, subpart 

AAA. According to Alaska, ASTM 

E3053–17 provides too much flexibility 

such that a test lab, while conducting 

compliance testing, may ‘‘explore’’ 

avenues within the test method in order 

to find approaches for passing any 

appliance, regardless of design, 

ultimately resulting in a certification 

program where a manufacturer simply 

pays the lab to provide a passing test, 

rather than objectively measure the 

actual emissions from their appliance. 

Further, on May 21, 2021, nine State 

Attorneys General requested OAQPS to 

withdraw both ALT–125 and ALT–127 

citing a recent Northeast States for 

Coordinated Air Use Management 

(NESCAUM) report that found serious 

concerns with EPA’s implementation of 

subpart AAA and QQQQ certification 

programs. In addition, in July, August, 

and September of 2021, Alaska 

submitted seven test reports to OAQPS 

in support of their withdrawal request. 

For more detailed information, please 

refer to the supporting documents 

available at Docket ID No. EPA–HQ– 

OAR–2021–0951. 

After a thorough review and 

evaluation of these requests as well as 

data from Alaska’s test reports, on 

December 20, 2021, OAQPS decided to 

formally withdraw ALT–125 and ALT– 

127 as broadly applicable alternative 

test methods for Standards of 

Performance for New Residential Wood 

Heaters, 40 CFR part 60, subpart AAA. 

This Federal Register notice formalizes 

our withdrawal of Alternatives 125 and 

127 as broadly applicable alternative 

test methods and announces the 

removal of both test methods from the 

Broadly Applicable Approved 

Alternative Test Methods web page. 

The withdrawal of the broadly 

applicable alternative test methods 

ALT–125 and ALT–127 will become 

effective February 23, 2022. 

Certification tests completed prior to the 

effective date using ALT–125 or ALT– 

127 for residential wood heater 

applications pursuant to 40 CFR part 60, 

subpart AAA will be considered valid if 

otherwise meeting all certification 

requirements of the subpart (40 CFR 

60.531). 

Certification tests using ALT–125 or 

ALT–127 completed after the effective 

date for withdrawal of these alternative 

test methods will not be valid 

certification tests pursuant to 40 CFR 

60.531 and 60.534(a)(2). 

Renewal or recertification of a wood 

heater model line that was previously 

certified using ALT–125 or ALT–127 

will not be granted a waiver from 

certification testing pursuant to 40 CFR 

60.533(i)(2) or 60.533(k)(1) and must be 

retested using a valid test method at the 

time of application for renewal or 

recertification. 

Dated: January 19, 2022. 

Richard A. Wayland, 

Director, Air Quality Assessment Division. 

[FR Doc. 2022–01298 Filed 1–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2017–0318; FRL–9098–01– 

OCSPP] 

Agency Information Collection 

Activities; Proposed Renewal of an 

Existing Collection and Request for 

Comment; Request for Contractor 

Access to Toxic Substances Control 

Act (TSCA) Confidential Business 

Information (CBI) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 


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