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(b) Effective period. This section is minimum requirements as part of the ease the reading of this preamble and for effective from March 23, 2020 through pellet fuel certification process. Also, in reference purposes, the EPA defines the April 6, 2020. this final action, the EPA is deciding not following terms and acronyms here: (c) Regulations. (1) In accordance with to make changes that it had proposed CAA Clean Air Act the general regulations in § 165.23, entry that would have allowed a sell-through CFR Code of Federal Regulations of persons and vessels into this zone is period for Step 1-certified residential CRA Congressional Review Act prohibited unless authorized by the wood heating devices that are EPA Environmental Protection Agency Captain of the Port Marine Safety Unit manufactured before the May 2020 NAICS North American Industry Pittsburgh (COTP) or a designated compliance date to be sold at retail after Classification System representative. that date. Finally, this preamble NPRM notice of proposed rulemaking (2) Persons or vessels requiring entry provides a clarification of how the NSPS New Source Performance Standards into or passage through the zone must ‘‘prohibited fuels’’ provision applies to NTTAA National Technology Transfer and request permission from the COTP or a pallets. Advancement Act OMB Office of Management and Budget designated representative. The COTP’s DATES: The final rule is effective on representative may be contacted at (412) PFI Pellet Fuels Institute April 2, 2020. PRA Paperwork Reduction Act 221–0807 or on VHF-FM Channel 16. ADDRESSES: The EPA has established a RFA Regulatory Flexibility Act (3) All persons and vessels shall docket for this action under Docket ID RTC Response to Comment comply with the instructions of the No. EPA–HQ–OAR–2018–0195. All RWH Residential Wood Heater COTP or a designated representative. documents in the docket are listed on UMRA Unfunded Mandates Reform Act Designated COTP representatives the https://www.regulations.gov/ U.S.C. United States Code include United States Coast Guard website. Although listed, some commissioned, warrant, and petty information is not publicly available, Organization of this document. The officer. e.g., Confidential Business Information information in this preamble is (d) Information broadcasts. The COTP or other information whose disclosure is organized as follows: or a designated representative will restricted by statute. Certain other I. General Information inform the public through Local Notice material, such as copyrighted material, A. Does this action apply to me? to Mariners (LNMs), Broadcast Notices is not placed on the internet and will be B. Where can I get a copy of this document to Mariners (BNMs), and/or Marine publicly available only in hard copy and other related information? Safety Information Bulletins (MSIBs), as form. Publicly available docket C. Judicial Review appropriate. materials are available either II. Background III. Public Comments Dated: March 24, 2020. electronically through https:// IV. What is included in the final rule? A.W. Demo, www.regulations.gov/, or in hard copy at A. Pellet Fuel Minimum Requirements Commander, U.S. Coast Guard, Captain of the EPA Docket Center, WJC West B. Decision Regarding Promulgating New the Port Marine Safety Unit Pittsburgh. Building, Room 3334, 1301 Constitution Sell-Through Provisions [FR Doc. 2020–06450 Filed 4–1–20; 8:45 am] Ave. NW, Washington, DC. The Public V. Summary of Cost, Environmental, and BILLING CODE 9110–04–P Reading Room hours of operation are Economic Impacts 8:30 a.m. to 4:30 p.m., Eastern Standard A. What are the affected facilities? Time (EST), Monday through Friday. B. What are the air quality impacts? The telephone number for the Public C. What are the cost and economic ENVIRONMENTAL PROTECTION impacts? AGENCY Reading Room is (202) 566–1744, and the telephone number for the EPA D. What are the benefits? VI. Statutory and Executive Order Reviews Docket Center is (202) 566–1742. 40 CFR Part 60 A. Executive Order 12866: Regulatory FOR FURTHER INFORMATION CONTACT: For [EPA–HQ–OAR–2018–0195: FRL–10006–75– Planning and Review and Executive OAR] questions about this final action, contact Order 13563: Improving Regulation and Rochelle Boyd, Sector Policies and Regulatory Review RIN 2060–AU00 Programs Division (Mail Code D243– B. Executive Order 13771: Reducing 02), Office of Air Quality Planning and Regulations and Controlling Regulatory Standards of Performance for New Standards, U.S. Environmental Costs Residential Wood Heaters, New Protection Agency, Research Triangle C. Paperwork Reduction Act (PRA) Residential Hydronic Heaters and Park, North Carolina 27711; telephone D. Regulatory Flexibility Act (RFA) Forced-Air Furnaces number: (919) 541–1390; fax number: E. Unfunded Mandates Reform Act (UMRA) (919) 541–4991; and email address: AGENCY: Environmental Protection F. Executive Order 13132: Federalism Agency (EPA). [email protected]. For information G. Executive Order 13175: Consultation ACTION: Final rule. about the applicability of the NSPS to a and Coordination With Indian Tribal particular entity, contact Rafael Governments SUMMARY: In this final action, the U.S. Sanchez, Office of Enforcement and H. Executive Order 13045: Protection of Environmental Protection Agency (EPA) Compliance Assurance, U.S. Children From Environmental Health is amending the 2015 New Source Environmental Protection Agency, WJC Risks and Safety Risks Performance Standards (NSPS) for New South Building (Mail Code 2227A), I. Executive Order 13211: Actions Residential Wood Heaters, New 1200 Pennsylvania Avenue NW, Concerning Regulations That Residential Hydronic Heaters and Washington, DC 20460; telephone Significantly Affect Energy Supply, Forced-Air Furnaces. This final action number: (202) 564–7028; and email Distribution, or Use J. National Technology Transfer and removes certain requirements from the address: [email protected]. Advancement Act (NTTAA) rule for pellet fuel to meet certain SUPPLEMENTARY INFORMATION: K. Executive Order 12898: Federal Actions specifications regarding density, size, Preamble acronyms and To Address Environmental Justice in and content, while retaining a provision abbreviations. We use multiple Minority Populations and Low-Income in the rule that requires EPA-approved acronyms and terms in this preamble. Populations third-party organizations to specify While this list may not be exhaustive, to L. Congressional Review Act (CRA)

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I. General Information action are shown in Table 1 of this preamble. A. Does this action apply to me? Regulated entities. Categories and entities potentially regulated by this

TABLE 1—SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION

Source category NAICS code 1 Examples of regulated entities

Residential Wood Heating ...... 333414 Manufacturers, owners, and operators of wood heaters, pellet heaters/stoves, and hydronic heaters. 333415 Manufacturers, owners, and operators of forced-air furnaces. Testing Laboratories ...... 541380 Testers of wood heaters, pellet heaters/stoves, and hydronic heaters. Retailers ...... 423730 Warm air heating and air-conditioning equipment and supplies merchant wholesalers. 1 North American Industry Classification System.

This table is not intended to be 307(d)(7)(B) of the CAA further provides CAA section 111(b)(1)(A), and then exhaustive, but rather provides a guide that ‘‘[o]nly an objection to a rule or promulgates federal standards of for readers regarding entities likely to be procedure which was raised with performance for new sources within regulated by this final action for the reasonable specificity during the period such categories under CAA section source category listed. This table lists for public comment (including any 111(b)(1)(B). The original NSPS for the types of entities that the EPA is now public hearing) may be raised during RWH (40 CFR part 60, subpart AAA) aware could potentially be affected by judicial review.’’ This section also was proposed on February 18, 1987 (52 this action. Other types of entities not provides a mechanism for the EPA to FR 4994), and promulgated on February listed in the table could also be convene a proceeding for 26, 1988 (53 FR 5859) (1988 RWH regulated. To determine whether you reconsideration, ‘‘[i]f the person raising NSPS). The 1988 RWH NSPS focused on are regulated by this action, you should an objection can demonstrate to the EPA adjustable burn rate wood heaters, carefully examine the applicability that it was impracticable to raise such including cord wood heaters and some criteria found in the final rule. If you objection within [the period for public pellet fuel heaters. The NSPS was have questions regarding the comment] or if the grounds for such amended in 1998 to address an issue applicability of this action to a objection arose after the period for related to certification testing (63 FR particular entity, consult the person public comment (but within the time 64869). listed in the FOR FURTHER INFORMATION specified for judicial review) and if such On February 3, 2014, the EPA CONTACT section of this preamble, your objection is of central relevance to the proposed revisions to the NSPS (79 FR delegated authority, or your EPA outcome of the rule.’’ Any person 6330) and promulgated revisions on Regional representative listed in the seeking to make such a demonstration to March 16, 2015 (80 FR 13672) (2015 General Provisions at 40 CFR 60.4. us should submit a Petition for RWH NSPS). The final 2015 RWH NSPS Reconsideration to the Office of the updated the 1988 RWH NSPS emission B. Where can I get a copy of this Administrator, U.S. EPA, Room 3000, limits, eliminated exemptions over a document and other related 1 WJC South Building, 1200 Pennsylvania broad suite of wood heating devices, information? Ave. NW, Washington, DC 20460, with and updated test methods and the In addition to being available in the a copy to both the person(s) listed in the certification process. The 2015 RWH docket, an electronic copy of this final preceding FOR FURTHER INFORMATION NSPS broadened the applicability of the action is available on the internet. CONTACT section, and the Associate 1988 RWH NSPS to specifically include Following signature by the EPA General Counsel for the Air and all single burn rate wood heaters and all Administrator, the EPA will post a copy Radiation Law Office, Office of General pellet fuel heaters. The 2015 RWH NSPS of this final action at https:// Counsel (Mail Code 2344A), U.S. EPA, also added a new subpart (40 CFR part www.epa.gov/residential-wood-heaters. 1200 Pennsylvania Ave. NW, 60, subpart QQQQ) that covers new Following publication in the Federal Washington, DC 20460. wood burning hydronic heaters and new Register, the EPA will post the Federal forced-air furnaces. Hydronic heaters II. Background Register version of the final action and and forced-air furnaces represent a key technical documents at this same The statutory background for the small portion of total U.S. wood heating website. Residential Wood Heaters (RWH) source device manufactured output in recent category is provided in the proposed years. The market share for each of the C. Judicial Review rule for this final action (83 FR 61577, categories considered in this final rule Under section 307(b)(1) of the Clean November 30, 2018) and will not be are as follows: Wood and pellet stoves Air Act (CAA), judicial review of this repeated here. Residential wood heaters were 96 percent, hydronic heaters were final rule is available only by filing a were originally listed under CAA less than 1 percent and forced air petition for review in the United States section 111(b) on February 18, 1987 (52 furnaces were 3 percent of the total Court of Appeals for the District of FR 5065). Under section 111 of the 1 As used in this preamble, the term ‘‘wood Columbia Circuit by June 1, 2020. CAA,’’Standards of Performance for heaters’’ refers to all appliances covered in 40 CFR Moreover, under section 307(b)(2) of the New Stationary Sources,’’ the EPA lists part 60, subpart AAA, and the terms ‘‘hydronic CAA, the requirements established by categories of sources that, in the EPA’s heaters’’ and ‘‘forced-air furnaces’’ refer to this final rule may not be challenged judgment, cause or contribute appliances covered in 40 CFR part 60, subpart QQQQ. Also, in this action, the term ‘‘wood heating separately in any civil or criminal significantly to air pollution, which may device(s)’’ refers to all units regulated by the 2015 proceedings brought by the EPA to reasonably be anticipated to endanger RWH NSPS (40 CFR part 60, subparts AAA and enforce these requirements. Section public health or welfare pursuant to QQQQ).

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market in 2017–2019 in terms of units remaining in their inventory. The EPA were intended to safeguard against sold.2 also took comment on whether to emissions hazardous to human health The 2015 RWH NSPS also directs amend 40 CFR part 60, subpart AAA for and the environment when the pellets owners of pellet fuel or wood chip wood heaters and pellet fuel heaters to are burned in pellet fuel heaters heaters to burn only fuel that meet provide a similar sell-through period. In operated in the home by consumers. certain minimum requirements. In the addition, the EPA took comment on Since publication of the 2015 RWH 2015 final rule preamble (80 FR 13682), whether the minimum pellet fuel NSPS, interested parties have raised the EPA stated: ‘‘For pellet-fueled requirements in the 2015 RWH NSPS issues concerning the pellet fuel appliances, operation according to the should be retained or revised. requirements. First, these parties have owner’s manual includes operation only questioned the EPA’s authority to III. Public Comments with pellet fuels that are specified in the promulgate the pellet fuel requirements. owner’s manual. Manufacturers must Public comments on the 2018 The comments and issues related to the only specify graded and licensed pellets proposed rule and the EPA’s responses EPA’s authority to promulgate the pellet that meet certain minimum to these comments are addressed in a fuel requirements are summarized and requirements.’’ separate Response to Comment (RTC) addressed in the RTC document The RWH source category is different document, available in the docket for available at Docket ID No. EPA–HQ– from most NSPS source categories in this action at Docket ID No. EPA–HQ– OAR–2018–0195. The EPA has that it regulates mass-produced OAR–2018–0195. considered these comments and residential consumer appliance IV. What is included in the final rule? concluded that the Agency has the products, rather than industrial authority to set pellet fuel requirements facilities. Thus, important elements in A. Pellet Fuel Minimum Requirements for the reasons discussed in the RTC. determining the best system of emission This section explains the final actions Second, interested parties have reduction as specified in CAA section being taken and the rationale for these questioned the need for the pellet fuel 111(a)(1) include the costs and actions. requirements (because they are already environmental impacts on consumers of part of the requirements imposed by the delaying production while wood 1. Final Requirements for Pellet Fuel third-party organizations that must heating devices with those systems are Burned in Residential Wood Heating grade pellets under 40 CFR 60.532(e) designed, tested, field evaluated, and Devices and 40 CFR 60.5474(e)) and commented certified. Section 111(b)(1)(B) of the Certification tests for pellet-burning that the specific minimum fuel CAA requires that the standards be wood heating devices require that pellet requirements will inhibit innovations effective upon the effective date of the fuels be made of wood with certain that may improve pellet fuel heater NSPS. Considering these factors, in the minimum quality requirements to operation and decrease emissions. 2015 RWH NSPS final rule, the EPA ensure consistent operation for every After reviewing public comments on took a two-step compliance approach, in certification test. These requirements these issues, the EPA has determined 40 which certain Step 1 standards became have the added benefit to manufacturers CFR part 60, subparts AAA and QQQQ, effective in May 2015 and more of minimizing emissions during should be revised to delete the stringent Step 2 standards would certification testing. following seven pellet fuel minimum become effective 5 years later, in May The 2015 RWH NSPS requires owners requirements which are currently found 2020. of wood heating devices that are at 40 CFR 60.532(e) and 40 CFR As the May 15, 2020, Step 2 certified to burn pellet fuels to burn 60.5474(e): compliance date approached, only pellets that have been specified in 1. Density: Consistent hardness and representatives from the manufacturing the owner’s manual and graded under a energy content with a minimum density and retail industry expressed concern licensing agreement with a third-party of 38 pounds/cubic foot; that a substantial number of retailers organization approved by the EPA. The 2. Dimensions: Maximum length of have either limited or stopped their Pellet Fuels Institute (PFI), ENplus, and 1.5 inches and diameter between 0.230 purchases of Step 1-certified wood CANplus are the current EPA-approved and 0.285 inches; heating devices from the manufacturers third-party organizations for this 3. Inorganic fines: Less than or equal due to concerns they may not be able to purpose (additional organizations may to 1 percent; sell these devices before the May 2020 apply to the Administrator for 4. Chlorides: Less than or equal to 300 Step 2 compliance date and would, approval). See the pellet fuel parts per million by weight; therefore, be left with unsalable requirements stated in 40 CFR 60.532(e) 5. Ash content: No more than 2 inventory. Manufacturers also expressed and 40 CFR 60.5474(e). Based on these percent; concern that these reductions in sales requirements, the EPA concluded that a 6. Contains no demolition or would result in reduced earnings certified pellet fuel heater’s performance construction waste; and needed to develop Step 2-compliant in a consumer’s home would be 7. Trace metals: Less than 100 model lines. consistent with the heater’s performance milligrams per kilogram. On November 30, 2018, the EPA in the laboratory using the EPA’s The EPA is retaining the prohibition proposed (83 FR 61574) to amend 40 certification test methods. Under the that was stated in the eighth pellet fuel CFR part 60, subpart QQQQ, by provisions of the 2015 RWH NSPS, a minimum requirement that stated pellet allowing a ‘‘sell-through’’ provision to pellet manufacturer is not obligated to fuel must not contain any of the give retailers additional time after the produce pellets that meet the pellet fuel prohibited fuels in 40 CFR 60.532(f) and May 2020 effective date of the Step 2 requirements, but operators and 40 CFR 60.5474(f). Sections 40 CFR standard to sell Step 1-compliant manufacturers of pellet fuel heaters in 60.532(f) and 40 CFR 60.5474(f) state hydronic heaters and forced-air furnaces the United States are prohibited from that no person is permitted to burn any using pellets that do not meet the pellet of the following materials in an affected 2 Wood Appliance Sales Summary, dated March wood heating device: 10, 2020, is available in the docket for this final fuel requirements. The pellet fuel action (https://www.regulations.gov/docket?D=EPA- requirements, in addition to ensuring 1. Residential or commercial garbage; HQ-OAR-2018-0195). consistency with certification testing, 2. Lawn clippings or yard waste;

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3. Materials containing rubber, Densified Fuel Standards Program.’’ 3 EPA has the authority to impose including tires; Finally, as discussed above, one minimum pellet fuel requirements. As 4. Materials containing plastic; purpose that is served in removing the such, for the reasons stated above, the 5. Waste petroleum products, paints seven minimum requirements discussed Agency has decided to retain the list of or paint thinners, or asphalt products; above is to provide flexibility for prohibited fuels in 40 CFR 60.532(f) and 6. Materials containing asbestos; innovation. Keeping the requirement 40 CFR 60.5474(f), which applies not 7. Construction or demolition debris; that pellets not contain any of the only to pellets, but to all wood fuels 8. Paper products, cardboard, prohibited fuels does not inhibit burned in residential wood heating plywood, or particleboard. The innovation and ensures that these devices subject to this rule. However, prohibition against burning these materials are not included in pellets. the EPA has decided to remove the first materials does not prohibit the use of The EPA is implementing this seven requirements currently listed in fire starters made from paper, prohibition in 40 CFR 60.532(e) and 40 40 CFR 60.532(e)(1) through (7) and in cardboard, sawdust, wax, and similar CFR 60.5474(e) by including the 40 CFR 60.5474(e)(1)–(7). The Agency substances for the purpose of starting a requirement that the grading done by has made this determination for the fire in an affected wood heater; third-party organizations include a following reasons. 9. Railroad ties, pressure-treated wood certification by the third-party First, minimum requirements/ or pallets (40 CFR 60.532(f)(9)) and organization that the pellets do not specifications are already part of PFI’s Railroad ties or pressure-treated lumber contain and are not manufactured from and other third-parties’ requirements (40 CFR 60.5474(f)(9)); any of the prohibited fuels listed in 40 and will, therefore, be imposed by the 10. Manure or animal remains; CFR 60.532(f) and 40 CFR 60.5474(f). retained rule requirement that the 11. Salt water driftwood or other Finally, interested persons have asked pellets be certified by PFI or another previously salt water saturated questions about how the prohibitions in EPA-approved third-party. For example, materials; 40 CFR 60.532(f)(12) and 40 CFR PFI’s current Standard Specifications 12. Unseasoned wood; 60.5474(f)(12) against ‘‘unseasoned for Residential/Commercial Densified 13. Any materials that are not wood’’ (which is defined in 40 CFR Fuel includes requirements on density, included in the warranty and owner’s 60.531 and 40 CFR 60.5473 as wood dimensions, fines, chlorides, ash, and manual for the subject wood heater; or with an average moisture content at or trace metals that are similar to those of 14. Any materials that were not above 20 percent) applies to pellet fuel. the 2015 RWH NSPS.6 The remaining included in the certification tests for the The EPA is clarifying that the requirement—that the pellets contain no subject wood heater. determination of moisture content is demolition or construction waste—is The EPA has decided to leave the made at the end of the manufacturing prohibited fuels list in the regulation for already contained in the list of process, and the prohibition on prohibited fuels in 40 CFR 60.532(f) and clarity and continuity as these materials unseasoned wood in 40 CFR are referred to in the provisions 40 CFR 60.5474(f), which the Agency is 60.532(f)(12) and 40 CFR 60.5474(f)(12) not altering in this action. The EPA regarding ‘‘prohibited fuel types’’ in 40 does not prohibit the use of unseasoned CFR 60.532(f) and 60.5474(f). Unlike the recognizes that PFI and the other wood earlier in the pellet fuel approved third-party organizations requirements in 40 CFR 60.532(e)(1) manufacturing process. The EPA notes through (7) and 60.5474(e)(1) through might revise their current specifications that the approved third-party to alter or remove these requirements. (7) that we are removing, which organizations determine moisture regulated the characteristics of the pellet On that point, the EPA notes that, first, content as part of their examination and the third-party organizations had pellet fuel, this prohibited fuels list impacts grading of the pellet fuels. For example, all fuel types used in all wood heating fuel specifications prior to the EPA’s PFI’s current Standard Specification for 2015 promulgation of the minimum devices. Retaining this provision assures Residential/Commercial Densified Fuel that these specified materials will be not ≤ pellet fuel requirements (and, in fact, requires a limit of 8.0 percent moisture the EPA’s 2015 minimum requirements be used as a source of fuel and prevents for a premium pellet.4 the burning of trash, plastics, yard relied heavily on the third-party waste, and other unsuitable materials. 2. Rationale for the Final Pellet Fuel specifications). Further, the third-party For most of the items on the prohibited Requirements organizations’ specifications now are as protective as the pellet fuel fuels list, it is widely-recognized and As explained in the EPA’s November specifications that the EPA promulgated widely-accepted that the burning of 2016 Supplemental Response to Pellet in 2015 and, although the EPA such material increases emissions Fuels Institute’s Comments for Remand recognizes that the third-party regardless of the type of wood heating of the Record Based on Existing Docket organizations may revise their device. Moreover, the burning of for Residential Wood Heaters New specifications to reflect innovations (as anything not included in the warranty Source Performance Standards,5 the and owner’s manual can damage a stove discussed below), there is no reason to conclude that revisions by the third- and thereby cause increased emissions, 3 Pellet Fuels Institute Residential/Commercial as well as potential safety issues, Densified Fuel QA/QC Handbook, Section 6.7, party organizations will make their because the stove is unable to perform Status November 9, 2018. specifications less protective because of 4 PFI’s November 2018 pellet fuel specifications the EPA’s action to remove the as designed. It should also be noted that are available in the docket for this final action the PFI’s Quality Assurance/Quality minimum requirements in 40 CFR (https://www.regulations.gov/docket?D=EPA-HQ- 7 Control Handbook recognizes that the OAR-2018-0195) and at https://www.pelletheat.org/ 60.532(e) and 40 CFR 60.5474(e). 2015 RWH NSPS ‘‘. . . contain assets/docs/2018/2018_PFI_ Standard%20Specification.pdf. 6 PFI’s November 2018 pellet specifications are provisions regarding ‘‘prohibited fuel 5 The EPA’s November 2016 Supplemental available in the docket for this final action (https:// types’’ in 40 CFR 60.532(f) and Response to Pellet Fuel Institute’s Comments for www.regulations.gov/docket?D=EPA-HQ-OAR- 60.5474(f). To the extent that these Remand of the Record Based on Existing Docket for 2018-0195) and at https://www.pelletheat.org/ requirements apply to pellet fuel Residential Wood Heaters New Source Performance assets/docs/2018/2018_PFI_ Standard%20Specification.pdf. manufacturers, these materials are Standards is available on Regulations.gov in the docket for the 2015 RWH NSPS at https:// 7 The EPA acknowledges that it previously held considered prohibited for the purpose of www.regulations.gov/document?D=EPA-HQ-OAR- the view that having the minimum requirements the PFI Residential/Commercial 2009-0734-1805. Continued

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Furthermore, if one or more of the third- manufacture pellets because such forced-air furnace model lines compared party organizations were to revise their burning or use is barred by the specific with 18 Step 1-certified model lines (or specifications in a way that could lead subsection that bans the contaminating 10 percent). to increases in emissions, the EPA could material. For example, manufacturing By contrast, manufacturers did not conduct a rulemaking to re-impose some pellets from pallets contaminated with provide the Agency with information or all of the minimum requirements that ‘‘waste petroleum products, paint or showing that any manufacturers have we are taking out in this final rule (and paint thinners, or asphalt products’’ tried but failed to develop Step 2 model could add additional minimum (i.e., the language in 40 CFR lines. Thus, there is no support in the requirements that are not currently in 60.532(f)(5)) is prohibited by 40 CFR record showing that manufacturers the rule). 60.532(f)(5). As a second example, could not develop Step 2 models in time Second, as noted by multiple pallets that are contaminated with to: (1) Have Step 2 models for sale as commenters, the minimum pellet fuel asbestos may not be used to make retailers reduced or discontinued their requirements serve to codify a static list pellets, due to the prohibition against purchase of Step 1 models; and (2) of requirements, until an updated rule is ‘‘materials containing asbestos’’ in 40 allow for manufacturers and retailers to promulgated. Innovations may occur in CFR 60.532(f)(6). replace their inventories of Step 1 the interim regarding pellet fuel heater models with Step 2 models in advance technology, which may require an B. Decision Regarding Promulgating of the May 2020 deadline. In short, the update to the list of pellet New Sell-Through Provisions record shows that some manufacturers specifications, prior to when a revised Based on the comments and data have tried and succeeded in developing rule is promulgated. The removal of the received on the November 30, 2018, Step 2 model lines but contains no minimum requirements from 40 CFR proposal (83 FR 61574), the EPA has adequately supported examples of 60.532(e)(1) through (7) and 40 CFR decided to take final action on the manufacturers that have tried and failed 60.5474(e)(1) through (7) will allow proposed sell-through provisions by not to develop Step 2 model lines. third-party organizations to update their promulgating such provisions. To justify Finally, it is important to note that pellet fuel specifications in step with a sell-through, the Agency first requires manufacturers have had since May 2015 developments in pellet fuel heater sufficient data from manufacturers and to develop Step 2-compliant wood technology, so as to not delay or retailers demonstrating why a sell- heating devices, and that retailers have preclude innovation that may improve through is needed. Insufficient data had since May 2015 to manage their pellet fuel heater operation and decrease were provided by manufacturers and inventory of Step 1-compliant wood emissions. Thus, this final action will retailers to justify a sell-through, heating devices and replace them with ensure that the RWH regulations are especially in light of the fact that in Step 2-compliant wood heating devices protective, and at the same time do not every residential wood heating device ahead of the May 2020 deadline. The unnecessarily preclude, inhibit, or delay category, there are model lines certified record shows that Step 2-compliant technological innovation. to meet the Step 2 standards that are model lines have been available to retailers for a considerable amount of 3. Clarification Concerning the Burning already available, and have been available for considerable time, which time. For example, there were wood of Pallets and the Use of Pallets in heater, pellet fuel heater, hydronic Manufacturing Pellet Fuel supports the conclusion that the Step 2 standards were achievable. For example, heater, and forced-air furnace models Interested parties have asked the EPA the record shows that, as of March 2018 that were Step 2-certified starting in to clarify the scope of the prohibition on (over 2 years before the May 2020 Step 2017 9 and, as of March 20, 2018, more ‘‘pallets’’ in 40 CFR 60.532(f)(9). 2 deadline), there were Step 2-certified than 2 years before the May 2020 Although the EPA, in this final action, model lines available for each category compliance deadline, there were 78 is not making any change to the of wood heating device (83 FR 61578). wood heater model lines (44 pellet fuel regulatory text concerning pallets, in According to the EPA Certified Wood heaters and 34 wood heaters), nine this preamble, we are clarifying two Heater Database,8 as of March 5 2020, hydronic heater model lines and one aspects of how the prohibited fuels list there were 196 Step 2-certified wood forced-air furnace model line certified to applies to: (a) The burning of pallets; heater model lines and pellet fuel heater Step 2 (83 FR 61578). Further, some and (b) the use of pallets in the model lines compared with 405 Step 1- model lines have emissions significantly manufacture of pellet fuel. certified model lines. This means that below the Step 2 standard, showing not First, the prohibition on ‘‘pallets’’ in Step 2 model lines represented 33 only that it is possible to achieve the 40 CFR 60.532(f)(9) bans only the use of percent of all certified wood heater and Step 2 standard but also that pressure-treated pallets, because pellet fuel heater model lines. Likewise, manufacturers can develop models well ‘‘pallets’’ is part of the phrase ‘‘pressure- 10 as of March 5, 2020, there were 13 Step below the Step 2 standard. Based on treated wood or pallets’’ and the term 2-certified hydronic heater model lines this record, the Agency has insufficient ‘‘pressure-treated’’ is intended to apply compared with 99 Step 1-certified grounds to conclude that a sell-through both to ‘‘wood’’ and to ‘‘pallets.’’ hydronic heater model lines (or 12 period is needed and to change the Second, pallets that are contaminated established NSPS and allow a sell- with any of the materials listed as a percent). An additional 12 of the 99 Step 1-certified hydronic heater model through. prohibited fuel type in 40 CFR 60.532(f) Regarding the data necessary to justify may not be burned or used to lines would meet the Step 2 limit, but need to re-test to be certified. Assuming a sell-through, the EPA solicited this all these model lines are certified, Step information in the notice of proposed stated in the regulatory text was needed to prevent rulemaking (NPRM) by posing multiple them from changing without EPA action. See EPA’s 2 hydronic heater model lines will November 2016 Supplemental Response to Pellet represent 22 percent of all certified Fuel Institute’s Comments for Remand of the model lines. Finally, as of March 5, 9 See the EPA list of certified room heaters and Record Based on Existing Docket for Residential central heaters at https://cfpub.epa.gov/oarweb/ Wood Heaters New Source Performance Standards 2020, there were two Step 2-certified woodstove/index.cfm?fuseaction=app.about. (Docket ID Item No. EPA–HQ–OAR–2009–0734– 10 See id., which shows a significant number of 1805), at 8. For the reasons discussed above in 8 The EPA Certified Wood Heater Database is Step 2-certified models with emission rates well section IV.A, the EPA’s policy view on this matter available at https://www.epa.gov/compliance/epa- below the Step 2 standard for both room heaters has changed. certified-wood-heater-database. and central heaters.

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questions to stakeholders while specific rationale to the EPA requesting B. What are the air quality impacts? requesting comment on the proposed 2- permission to use the method. We This final action makes a clarification year sell-through, including, but not expect that this broadly applicable to the prohibited fuel types, removes limited to, the following queries: alternative test method for electronically from the rule requirements for pellet • Whether retailers are currently or thermostatically controlled model fuel to meet certain minimum declining to purchase Step 1-compliant lines will allow more forced-air requirements regarding density, size, wood heating devices and how furnaces—both small and large model and content, and instead relies on EPA- widespread is this reduction in lines—to certify to the Step 2 standard approved third-party organizations to purchases; and become available to consumers in • The cost or other impacts that specify minimum requirements as part the near term. of the pellet fuel certification process. retailers could have on manufacturers if In addition, we note that, as As discussed in section IV.A.2 of this they decline to purchase Step 1- mentioned by several commenters, the preamble, we anticipate that the EPA- compliant wood heating devices; estimated monetized forgone benefits of approved third-party organizations will • The typical period of time between the proposed sell-through exceed the continue to specify the same or similar when a retailer purchases a wood estimated cost savings to manufacturers minimum requirements as required in heating device and when the device is and retailers by a factor of 10 to 20. As the 2015 RWH NSPS. The EPA will sold to the consumer; shown in the supplemental Regulatory • continue to monitor these requirements What period of time would be Impact Analysis for the proposal, the to determine if any changes to the sufficient for retailers to sell their annual monetized fine particulate regulations are needed. In addition to inventory of Step 1-compliant heaters; matter-related forgone health benefits of • our review of these requirements, as The number of Step 1-compliant the proposed amendments, from 2019– part of our ongoing collaborations with wood heating devices that are currently 2022, were $100 million to $230 million many stakeholders (including states, in production and the number that are (2016 dollars) at a 3-percent discount citizen groups, wood heater being designed for Step 2 compliance rate as compared to annual cost savings manufacturers, and other industry that have not yet been EPA-certified; to manufacturers and retailers estimated • groups), we expect that any concerns The number of Step 2 wood heating at $8.3 million (2016 dollars). These related to third-party requirements devices that are currently Step 2- large net forgone benefits (forgone would be brought promptly to the EPA’s certified; and benefits¥cost savings) were another • How far in advance of the current attention. Also, in this final action, the consideration in our decision to not May 2020 Step 2 compliance date EPA is deciding not to finalize changes change the 2015 RWH NSPS to allow a manufacturers will need to submit their that would have allowed a sell-through sell-through period with respect to Step EPA certification applications to meet period for Step 1-certified residential 2. Additional information and the standard as well as manufacture, wood heating devices that are assessment regarding potential impacts market, and distribute their products manufactured before the May 2020 are provided in a support document without disruption to their business. compliance date to be sold at retail after titled: A Qualitative Assessment of While manufacturers and retailers that date. In this final action, the Impacts of Not Including a Sell-Through made qualitative statements asserting Agency is not making any change or for Wood Heating Devices, Wood economic harm from stranded inventory otherwise taking any final action with Heaters NSPS—Draft Support if a retail sell-through was not allowed, respect to the original compliance Document—by EPA/OAQPS technical these statements were not supported by schedule for both manufacturers and staff dated. March 10, 2020. contextual data. In fact, commenters did retailers set forth in the 2015 RWH not submit sufficient data to the Agency V. Summary of Cost, Environmental, NSPS (80 FR 13672). Accordingly, there in response to the NPRM’s solicitations, and Economic Impacts are no air quality impacts associated and in particular, provided insufficient with this final action. The air quality A. What are the affected facilities? data showing a percentage decrease in impacts associated with the RWH NSPS sales approaching 2020 relative to The baseline for measuring were discussed in detail in the March previous years and/or the percentage of quantifiable impacts to affected facilities 16, 2015, final RWH NSPS and Step 1 inventory that would be stranded is the 2015 RWH NSPS (80 FR 13672). supporting documentation. without a sell-through since the No impacts are anticipated against this promulgation of the 2015 RWH NSPS. baseline because we are not changing C. What are the cost and economic As we explained previously, as of the compliance deadline required by the impacts? March 5, 2020, there were two Step 2- 2015 RWH NSPS. We also do not We did not estimate the cost and certified forced-air furnace model lines. anticipate any quantifiable impacts from economic impacts of the change in Because both model lines tested for eliminating the seven pellet fuel pellet fuel requirements, because we do certification using an (Agency- requirements in 40 CFR 60.532(e) and not anticipate any quantifiable cost or approved) alternative test method, the 40 CFR 60.5474(e) because minimum economic impacts to affected facilities. Agency undertook a separate action requirements/specifications are already Manufacturers, testing labs, owners, and making this alternative method broadly part of third-parties’ requirements and operators of pellet-burning wood applicable to model lines that are will, therefore, be imposed by the heaters, pellet-burning hydronic heaters, electronically or thermostatically retained rule requirement that the and pellet-burning forced air furnaces controlled.11 This means that forced-air pellets be certified by an EPA-approved will still be required to burn only pellets furnace manufacturers may use this test third-party. However, the change to the graded under a licensing agreement method without submitting a model- pellet fuel minimum requirements will with an EPA-approved third-party. revise the regulatory requirements to D. What are the benefits? 11 See https://www.epa.gov/emc/broadly- which manufacturers, testing labs, applicable-approved-alternative-test-methods#ATLs owners, and operators of pellet-burning We did not estimate the benefits of for ALT–134, available at: https://www.epa.gov/ the change in pellet fuel requirements, sites/production/files/2019-08/documents/l.s._ wood heaters, pellet-burning hydronic bilodeau_steel_product_manufacturing_8-19-2019_ heaters, and pellet-burning forced air because we expect the benefits, forgone 0.pdf. furnaces are subject. or otherwise, to be minimal. Such

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benefits are dependent on emissions requirements on any entities because it I. Executive Order 13211: Actions reduction changes associated with this does not impose any additional Concerning Regulations That final action and, as discussed in section regulatory requirements relative to those Significantly Affect Energy Supply, V.B of this preamble, we do not specified in the 2015 RWH NSPS. We Distribution, or Use anticipate emissions reduction changes have, therefore, concluded that this relative to the 2015 RWH NSPS (80 FR action will have no net regulatory This action is not a ‘‘significant 13672). burden for all directly regulated small energy action’’ because it is not likely to entities. have a significant adverse effect on the VI. Statutory and Executive Order supply, distribution, or use of energy. Reviews E. Unfunded Mandates Reform Act Additional information about these (UMRA) J. National Technology Transfer and Advancement Act (NTTAA) statutes and Executive Orders can be This action does not contain any found at: https://www.epa.gov/laws- unfunded mandate as described in This rulemaking does not involve regulations/laws-and-executive-orders. UMRA, 2 U.S.C. 1531–1538. The action technical standards. imposes no enforceable duty on any A. Executive Order 12866: Regulatory K. Executive Order 12898: Federal Planning and Review and Executive state, local, or tribal governments or the private sector. Actions To Address Environmental Order 13563: Improving Regulation and Justice in Minority Populations and Regulatory Review F. Executive Order 13132: Federalism Low-Income Populations This action is a significant regulatory This action does not have federalism The EPA believes that this action does action that was submitted to the Office implications. It will not have substantial not have disproportionately high and of Management and Budget (OMB) for direct effects on the states, on the adverse human health or environmental review because it raises novel legal and relationship between the national effects on minority populations, low- policy issues. Any changes made in government and the states, or on the income populations, or indigenous response to OMB recommendations distribution of power and peoples, as specified in Executive Order have been documented in the docket. responsibilities among the various 12898 (59 FR 7629, February 16, 1994). B. Executive Order 13771: Reducing levels of government. As noted in the preamble to the 2015 Regulations and Controlling Regulatory G. Executive Order 13175: Consultation RWH NSPS, the EPA believes that the Costs and Coordination With Indian Tribal human health or environmental risk This action is not expected to be Governments addressed by the 2015 RWH NSPS will subject to Executive Order 13771 not have potential disproportionately because this final rule is expected to This action does not have tribal implications as specified in Executive high and adverse human health or result in no more than de minimis costs environmental effects on minority, low- or savings. Order 13175. This rule will not impose any requirements on tribal governments. income, or indigenous populations from C. Paperwork Reduction Act (PRA) Thus, Executive Order 13175 does not residential wood smoke emissions (see 80 FR 13701). Because this final action This action does not impose any new apply to this action. Consistent with the does not have air quality impacts information collection burden under the EPA Policy on Consultation and relative to the 2015 RWH NSPS, as PRA. OMB has previously approved the Coordination with Indian Tribes, the discussed in section V.B of this information collection activities in the EPA will provide outreach through the existing regulations and has assigned National Tribal Air Association and will preamble, it will not alter the EPA’s OMB control number 2060–0161 for 40 offer consultation to tribal officials. prior findings that, on a nationwide basis, cancer risks due to residential CFR part 60, subpart AAA, and OMB H. Executive Order 13045: Protection of control number 2060–0693 for 40 CFR wood smoke emissions among Children From Environmental Health disadvantaged population groups part 60, subpart QQQQ. This action is Risks and Safety Risks believed to result in no changes to the generally are lower than the risks for the information collection requirements of This action is not subject to Executive general population due to residential the 2015 RWH NSPS, so that the Order 13045 because it is not wood smoke emissions. information collection estimate of economically significant as defined in L. Congressional Review Act (CRA) project cost and hour burden from the Executive Order 12866, and because the 2015 final rule have not been revised. EPA does not believe the environmental This action is subject to the CRA, and health or safety risks addressed by this the EPA will submit a rule report to D. Regulatory Flexibility Act (RFA) action present a disproportionate risk to each House of the Congress and to the I certify that this action will not have children. Because this final action will Comptroller General of the United a significant economic impact on a not result in air quality impacts relative States. This action is not a ‘‘major rule’’ substantial number of small entities to the 2015 RWH NSPS, as noted in as defined by 5 U.S.C. 804(2). under the RFA. In making this section V.B of this preamble, we do not determination, the impact of concern is anticipate a change in risk to anyone, List of Subjects in 40 CFR Part 60 any significant adverse economic including children. Further, as noted in Environmental protection, impact on small entities. An agency may the preamble to the 2015 RWH NSPS, Administrative Practice and Procedure. certify that a rule will not have a the EPA does not believe that the significant economic impact on a environmental health risks or safety Dated: March 11, 2020. substantial number of small entities if risks addressed by the 2015 RWH NSPS Andrew R. Wheeler, the rule relieves regulatory burden, has presents a disproportionate risk to Administrator. no net burden, or otherwise has a children based on distributional positive economic effect on the small assessments of effects from residential For the reasons set forth in the entities subject to the rule. This final wood smoke emissions (see 80 FR preamble, the EPA amends 40 CFR part rule will not impose any new 13700). 60 as follows:

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PART 60—STANDARDS OF may apply to the Administrator for Service, 1011 E. Tudor Road, Mail Stop PERFORMANCE FOR NEW approval. 201, Anchorage, AK 99503; (907) 786– STATIONARY SOURCES * * * * * 3887. [FR Doc. 2020–05961 Filed 4–1–20; 8:45 am] SUPPLEMENTARY INFORMATION: ■ 1. The authority citation for part 60 BILLING CODE 6560–50–P Public Comments continues to read as follows: We solicit comments or suggestions Authority: 42 U.S.C. 7401 et seq. from the public. To ensure that any DEPARTMENT OF THE INTERIOR Subpart AAA—Standards of action resulting from this interim rule will be as accurate and as effective as Performance for New Residential Fish and Wildlife Service Wood Heaters possible, we request that you send relevant information for our 50 CFR Part 92 ■ 2. Section 60.532 is amended by consideration. The comments that will [Docket No. FWS–R7–MB–2020–0008; revising paragraph (e) to read as follows: be most useful and likely to influence FXMB12610700000–201–FF07M01000] our decisions are those that you support § 60.532 What standards and associated RIN 1018–BE24 by quantitative information or studies requirements must I meet and by when? and those that include citations to, and * * * * * Migratory Bird Subsistence Harvest in analyses of, the applicable laws and (e) Pellet fuel requirements. Operators Alaska; Region-Specific Regulations regulations. Please make your comments as specific as possible and explain the of wood heaters that are certified to AGENCY: Fish and Wildlife Service, basis for them. burn pellet fuels may burn only pellets Interior. You must submit your comments and that have been specified in the owner’s ACTION: Interim rule. materials concerning this interim rule manual and graded under a licensing by one of the methods listed above in agreement with a third-party SUMMARY: The U.S. Fish and Wildlife ADDRESSES. We will not accept organization approved by the EPA Service (Service or we) is establishing comments sent by email or fax or to an (including a certification by the third- regulations for the subsistence harvest address not listed in ADDRESSES. If you party organization that the pellets do of migratory birds in Alaska for the 2020 submit a comment via http:// not contain, and are not manufactured season and beyond. These regulations www.regulations.gov, your entire from, any of the prohibited fuels in allow for the continuation of customary comment—including any personal paragraph (f) of this section). The Pellet and traditional subsistence uses of identifying information, such as your Fuels Institute, ENplus, and CANplus migratory birds in Alaska and prescribe address, telephone number, or email are initially deemed to be approved regional information on when and address—will be posted on the website. third-party organizations for this where the harvesting of birds may When you submit a comment, the purpose, and additional organizations occur. These regulations were system receives it immediately. may apply to the Administrator for developed under a co-management However, the comment will not be approval. process involving the Service, the publicly viewable until we post it, * * * * * Alaska Department of Fish and Game, which might not occur until several and Alaska Native representatives and days after submission. Subpart QQQQ—Standards of are subject to public review. Based on If you mail or hand-carry a hardcopy Performance for New Residential any comments received, we may revise comment directly to us that includes Hydronic Heaters and Forced-Air this interim rule. The Alaska personal information, you may request Furnaces subsistence harvest season begins on at the top of your document that we April 2, 2020. withhold this information from public ■ 3. Section 60.5474 is amended by DATES: This rule is effective April 2, review. However, we cannot guarantee revising paragraph (e) to read as follows: 2020. We will accept comments that we will be able to do so. All § 60.5474 What standards and received or postmarked on or before comments and materials we receive will requirements must I meet and by when? April 13, 2020. be available for public inspection in two * * * * * ADDRESSES: You may submit comments ways: on this interim rule by one of the (1) Via http://www.regulations.gov. (e) Pellet fuel requirements. Operators Search for FWS–R7–MB–2020–0008, of wood central heaters, including following methods: • Federal eRulemaking Portal: http:// which is the docket number for this outdoor residential hydronic heaters, rulemaking. indoor residential hydronic heaters, and www.regulations.gov. Follow the instructions for submitting comments to (2) In-person viewing by appointment, residential forced-air furnaces, that are during normal business hours, at the certified to burn pellet fuels may burn Docket No. FWS–R7–MB–2020–0008. • U.S. mail or hand-delivery: Public Division of Migratory Bird Management, only pellets that have been specified in MS: MB, 5275 Leesburg Pike, Falls the owner’s manual and graded under a Comments Processing, Attn: FWS–R7– MB–2020–0008; U.S. Fish and Wildlife Church, VA 22041–3803; (703) 358– licensing agreement with a third-party 1714. organization approved by the EPA Service; 5275 Leesburg Pike, MS: JAO/ (including a certification by the third- 1N; Falls Church, VA 22041–3803. Background party organization that the pellets do We will post all comments on http:// The Migratory Bird Treaty Act of 1918 not contain, and are not manufactured www.regulations.gov. This generally (MBTA, 16 U.S.C. 703 et seq.) was from, any of the prohibited fuels in means that we will post any personal enacted to conserve certain species of paragraph (f) of this section). The Pellet information you provide us (see Public migratory birds and gives the Secretary Fuels Institute, ENplus, and CANplus Comments, below, for more of the Interior the authority to regulate are initially deemed to be approved information). the harvest of these birds. The law third-party organizations for this FOR FURTHER INFORMATION CONTACT: further authorizes the Secretary to issue purpose, and additional organizations Cheryl A. Graves, U.S. Fish and Wildlife regulations to ensure that the

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