[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3532-3533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01298]


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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.

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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;

[[Page 3533]]

telephone number: (919) 541-2910; fax number: (919) 541-0516; email 
address:  <a href="/cdn-cgi/l/email-protection#8fe2eae3fbe0e1a1e3fae3eecfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="97faf2fbe3f8f9b9fbe2fbf6d7f2e7f6b9f0f8e1">[email protected]</span></a>.

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/broadly-applicable-approved-alternative-test-methods. As explained in this notice, we will announce approvals for 
broadly applicable alternative test methods at https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods 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-applicable-approved-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


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