EXHIBIT A 

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IN 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. 

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No. 13-cv-1555 (GK) 

DECLARATION OF ROBERT FERGUSON

I, Robert Ferguson, declare under penalty of perjury as follows: 

1. I am the founder and president of Ferguson, Andors & Company. Since its 

formation in 1991, Ferguson, Andors & Company has offered a full range of product 

development and regulatory compliance consulting services to the hearth, patio and barbecue 

industry. I have worked closely with the Hearth, Patio & Barbecue Association (“HPBA”) and 

its member companies with respect to a number of issues, including, in particular, EPA’s 

development of the current new source performance standards for residential wood heaters, as 

well as EPA’s ongoing efforts to revise those standards. Based on my decades-long work with 

HPBA and the hearth, patio and barbecue industry generally, I have personal knowledge about 

the contents of this declaration, which I offer in support of HPBA’s Motion to Intervene in this 

case. 

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2. I hold a Bachelor of Science in Chemical Engineering 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 chairs for HPBA’s predecessor organizations, the 

Hearth Products Association (“HPA”) and the Wood Heating Alliance (“WHA”). I have also 

served as a director and officer for the HEARTH Education 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 industries and governments worldwide. I have chaired 

or acted as facilitator during the development of numerous ASTM standard test methods 

applicable to the hearth and patio industry: ASTM E2515 (Standard Test Method for 

Determination of Particulate Matter Emissions Collected by a Dilution Tunnel; first published in 

2007, updated in 2009 and 2011); ASTM E2558 (Standard Test Method for Determining 

Particulate Matter Emissions from Fires in Wood Burning Fireplaces; first published in 2007, 

updated in 2009 and 2013 (publication pending)); ASTM E2779 (Standard Test Method for 

Determining Particulate Matter Emissions from Pellet Heaters; first published in 2010); ASTM 

E2780 (Standard Test Method for Determining Particulate Matter Emissions from Wood 

Heaters; first published in 2010); ASTM 2817 (Standard 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 Outdoor Solid Fuel Fired Hydronic Heating 

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Appliances; first published in 2009, updated in 2013 (publication pending)), along with its 

Partial Thermal Storage Annex (completed in 2013 (publication 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 on 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 consulting services to for decades are all 

experiencing decreased sales of residential wood heaters 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 standards 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 outdoor wood-fired hydronic heaters and masonry 

heaters. HPBA hired me several years ago to provide 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 HPBA has presented to EPA. For example, I 

authored or co-authored the following documents, which are just a sampling of the many 

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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, February 13, 2008 

B. HPBA Enhanced EPA Certified Wood Heater Database - Excel Workbook 

Robert Ferguson, Ferguson, Andors & Company, February 25, 2010

C. EPA Wood Heater Test Method Variability Study Analysis 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 & Company, October 6, 2010

D. An Evaluation of Overall Efficiency for EPA Certified Non-catalytic Wood 

Heaters 

Robert Ferguson, Ferguson, Andors & Company, July 21, 2011

7. I have also participated in several stakeholder meetings 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 various EPA officials and staff in June 2009, 

February 2010, October 2010, January 2011, and April 2012. I also helped host tours for EPA 

staff, along with state, local, and tribal air quality personnel in connection with the Hearth, Patio 

& Barbecue Expo in 2010, 2011, and 2012. At the state level, I have participated in meetings 

with the Western States Air Resources Council (November 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 state air quality manager visits (May-June 

2013). 

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