Notice2022-01298
Withdrawal of Broadly Applicable Alternative Test Methods
Primary source
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Published
January 24, 2022
Effective
February 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3532-3533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods">https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods</a>. As explained in this notice, we will announce approvals for
broadly applicable alternative test methods at <a href="https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods">https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods</a> 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 <a href="https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods">https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods</a> 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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