# EXHIBIT A

Case 1:13-cv-01555-GK Document 13-3 Filed 10/31/13 Page 1 of 6IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

AMERICAN LUNG ASSOCIATION, et al. Plaintiffs,
and HEARTH, PATIO & BARBECUE ASSOCIATION, Proposed Plaintiff-Intervenors,

v. GINA MCCARTHY, in her official capacity as Administrator, U.S. Environmental Protection Agency, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 13-cv-1555 (GK)

DECLARATION OF ROBERT FERGUSON I, Robert Ferguson, declare under penalty of perjur y as follows: 1. I am the founder and president of Ferguson, Andors & Company. Since its formation in 1991, Ferguson, Andors & Company has o ffered a full range of product development and regulatory compliance consulting se rvices to the hearth, patio and barbecue industry. I have worked closely with the Hearth, P atio & Barbecue Association (“HPBA”) and its member companies with respect to a number of is sues, including, in particular, EPA’s development of the current new source performance s tandards for residential wood heaters, as well as EPA’s ongoing efforts to revise those stand ards. Based on my decades-long work with HPBA and the hearth, patio and barbecue industry ge nerally, I have personal knowledge about the contents of this declaration, which I offer in support of HPBA’s Motion to Intervene in this

case. Case 1:13-cv-01555-GK Document 13-3 Filed 10/31/13 Page 2 of 62

2. I hold a Bachelor of Science in Chemical Engineerin g from Clarkson University in Potsdam, New York. Prior to founding Ferguson, Andors & Company, I served for approximately ten years as Director of Research and Development at Vermont Castings, a manufacturer of stoves, fireplaces, and grills, and a member of HPBA. In that capacity, I was responsible for all aspects of product development, product performance and product safety.
3. I have long been affiliated with HPBA. In the past , I have served on the Board of Directors and have also held several committee chai rs for HPBA’s predecessor organizations, the Hearth Products Association (“HPA”) and the Wood He ating Alliance (“WHA”). I have also served as a director and officer for the HEARTH Edu cation Foundation.
4. In addition to my work with HPBA and other industry organizations, I am an active member of ASTM International (“ASTM”). ASTM develops test methods, specifications, guides, and practices that support various industri es and governments worldwide. I have chaired or acted as facilitator during the development of n umerous ASTM standard test methods applicable to the hearth and patio industry: ASTM E2515 (Standard Test Method for Determination of Particulate Matter Emissions Colle cted by a Dilution Tunnel; first published in 2007, updated in 2009 and 2011); ASTM E2558 (Standa rd Test Method for Determining Particulate Matter Emissions from Fires in Wood Bur ning Fireplaces; first published in 2007, updated in 2009 and 2013 (publication pending)); AS TM E2779 (Standard Test Method for Determining Particulate Matter Emissions from Pelle t Heaters; first published in 2010); ASTM E2780 (Standard Test Method for Determining Particu late Matter Emissions from Wood Heaters; first published in 2010); ASTM 2817 (Stand ard Test Method for Test Fueling Masonry Heaters; first published in 2011); and ASTM E2618 ( Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Out door Solid Fuel Fired Hydronic Heating Case 1:13-cv-01555-GK Document 13-3 Filed 10/31/13 Page 3 of 63

Appliances; first published in 2009, updated in 201 3 (publication pending)), along with its Partial Thermal Storage Annex (completed in 2013 (p ublication pending)).
5. Over the years, I have been intimately involved in EPA’s efforts to develop Clean Air Act new source performance standards applicable to the hearth, patio, and barbecue industry. In the 1980s, during my time with Vermont Castings, I worked alongside representatives of HPBA’s predecessor organization (WHA) to advocate o n behalf of the industry during the negotiated rulemaking that resulted in the current EPA standards for residential wood heaters (40 C.F.R. Part 60, Subpart AAA). Those standards have not been revised since EPA issued them in 1988, and EPA’s delay in issuing new standards has led to a great deal of anxiety within the industry. The manufacturers that I have provided c onsulting services to for decades are all experiencing decreased sales of residential wood he aters in recent years. Simply put, these companies lack significant resources at this time. They cannot devote funds they do not have to speculating about what products to design or what s tandards they should try to meet. Without definitive standards or a clear sense of when such standards will be issued, it is difficult to make planning and research and development decisions and to commit to capital expenditures.
6. In an effort to aid its member companies, HPBA has engaged EPA for several years to help facilitate the development of revised standards for residential wood heaters and to issue new standards for sub-categories such as outd oor wood-fired hydronic heaters and masonry heaters. HPBA hired me several years ago to provid e technical consulting services and assist with this effort. I have devoted a lot of time and resources preparing and assisting in the preparation of various reports and studies that HPB A has presented to EPA. For example, I authored or co-authored the following documents, wh ich are just a sampling of the many Case 1:13-cv-01555-GK Document 13-3 Filed 10/31/13 Page 4 of 64

analyses that HPBA has commissioned over the years, that will be included in EPA’s rulemaking docket:
A. Report on the Particulate Emissions Performance of Masonry Heaters –

Definition, Data, Analysis and Recommendations Hearth, Patio & Barbecue Association Masonry Heater Caucus Robert Ferguson, Ferguson, Andors & Company, Februa ry 13, 2008 B. HPBA Enhanced EPA Certified Wood Heater Database - Excel Workbook Robert Ferguson, Ferguson, Andors & Company, Februa ry 25, 2010 C. EPA Wood Heater Test Method Variability Study Analy sis of Uncertainty, Repeatability and Reproducibility based on the EPA Accredited Laboratory Proficiency Test Database Rick Curkeet, PE, Chief Engineer – Hearth Products, Intertek Testing Services, Inc. and Robert Ferguson, Ferguson, Andors & Compan y, October 6, 2010 D. An Evaluation of Overall Efficiency for EPA Certifi ed Non-catalytic Wood Heaters Robert Ferguson, Ferguson, Andors & Company, July 2 1, 2011 7. I have also participated in several stakeholder mee tings on behalf of HPBA relating to the ongoing push for EPA to revise and issue new standards for residential wood heaters. For example, I attended meetings with var ious EPA officials and staff in June 2009, February 2010, October 2010, January 2011, and Apri l 2012. I also helped host tours for EPA staff, along with state, local, and tribal air qual ity personnel in connection with the Hearth, Patio & Barbecue Expo in 2010, 2011, and 2012. At the st ate level, I have participated in meetings with the Western States Air Resources Council (Nove mber 2009), and I have helped prepare presentations for, and/or actively participated in, a number of state advocacy and information presentation meetings (October-December 2012) and s tate air quality manager visits (May-June 2013). Case 1:13-cv-01555-GK Document 13-3 Filed 10/31/13 Page 5 of 6Case 1:13-cv-01555-GK Document 13-3 Filed 10/31/13 Page 6 of 6