EO 12866 Review- NSPS for Residential Wood Heaters-- Do not cite, quote or release during review

Comparison of 1988 NSPS and Draft Proposal—9/27/13 Draft

From: Wood, Gil [mailto:Wood.Gil@epa.gov] 

Sent: Friday, September 27, 2013 11:17 AM

To: Higgins, Cortney

Cc: Green, Gregory; Edwards, Chebryll; Cole, David; VanLare, Paula; Rees, Sarah; Sorrels, Larry; Benromdhane, Souad; Scavo, Kimber

Subject: Comparison of 1988 NSPS and Proposal

Hi Cortney,

Per your request, attached is a table that succinctly compares the 1988 NSPS and the Proposal.

Best regards,

Gil
EO 12866 Review- NSPS for Residential Wood Heaters-- Do not cite, quote or release during review

Comparison of 1988 NSPS and Draft Proposal—9/27/13 Draft

# 1988 NSPS Draft Proposal Comments

1 Phase I limits on wood stove 

manufacture 4 months after 

effective date of the NSPS

Step 1 upon effective date 85% of EPA–certified wood heaters already meet Step 1.

Intent has been public since 2009.

Typically 1 year between proposal and promulgation. 

2a Phase II limits on wood stove 

manufacture after 2 years

Step 2 in 5 years Manufacturers asked for extra time for tighter emission limits and to

avoid “testing logjams.” Reduces economic impacts and improves 

cost-effectiveness, although slows emission reductions

2b NA Alternative for comment: 

Step 1 upon effective date; 

Interim limit 3 years after 

Step 1; Step 2 limit 8 years

after Step 1

Current proposal provides Alternative stepped limits in the Preamble 

for which we are seeking comment – Step 1 is the same as proposal; 

Alternative interim limit would become effective 3 years after Step 1; 

and final Step 2 would become effective 8 years after Step 1 (rather 

than 5 years after Step 1 as in proposal) 

3 Restricts sales of noncompliant

wood stoves 2 years after

manufacture

Compliance date for Step 1 

wood stove sales are 6 

months after manufacture. 

For Step 2, the dates are the 

same. 

NSPS development effort has been publicly known since 2009. Most 

manufacturers are prudently working to get prepared. States and the 

public are very concerned about delaying best systems longer. 

4 More stringent certification level 

for catalytic versus noncatalytic

Same value for both Catalyst durability and stove integration have improved significantly 

since 1988. Both catalytic and noncatalytic need annual inspection, 

periodic maintenance and good warranties.

5 Allows manufacturers to elect to 

test a representative wood stove

and certify compliance per model 

line instead of testing every 

heater.

Not changed Greatly reduces costs and timeline impacts. Given current computer 

guided manufacturing processes there is good assurance that a single 

stove is representative of model line.

6 Requires independent, thirdparty, EPA-accredited 

laboratories

Expands to ISO-accredited 

laboratories and ISOaccredited certifying entities

More flexible. Increases number of accredited entities available. (Still 

must be independent, third-parties.) More closely aligns EPA 

resources with EPA responsibilities outlined in proposed rule.

7 NSPS-specified QA requirements Case-by-case QA plan 

developed by manufacturer 

and ISO-accredited certifying 

entity

More flexible, tailored. Both 1988 NSPS and proposal include 

manufacturing tolerances, emission audit tests, records, and 

inspections. The proposal also allows the inspections to be by the ISOaccredited certifying entity. Some efficiency is expected because the 

same entities would typically conduct ISO inspections for safety. 

8 Seal & store tested wood stove Seal & store tested heater EPA believes this would still allow reasonable time for potential 
EO 12866 Review- NSPS for Residential Wood Heaters-- Do not cite, quote or release during review

Comparison of 1988 NSPS and Draft Proposal—9/27/13 Draft

forever until 1 year after certificate 

expires

audits.

9 Paper certification application, 

test reports and compliance 

reporting/affirmations

Electronic applications, 

reports, and warehouse

Easier, faster, more transparent, cheaper for manufacturers and labs. 

EPA is expending significant resources to develop infrastructure 

overall and specific templates for this NSPS.

10 Does not regulate open fireplaces Not changed Uses specific language rather than >35:1 air-to-fuel ratio which had 

unintended loophole effects for other wood heaters (e.g., pellet 

stoves)

11 Does not regulate devices >35:1 

air-to-fuel ratio

Deletes this part of 

definition of wood stove 

Clarifies that 35:1 ratio was originally intended to distinguish heaters 

versus closed fireplaces with excess air, not exempt pellet stoves. 

12 Regulates some pellet stoves and 

not others (see #11)

Adds explicit standards Some pellet stove manufacturers decreased their efficiencies and 

increased pollution by increasing their excess air to not be regulated.

13 Does not regulate boilers and 

furnaces

Regulates indoor and 

outdoor boilers (hydronic 

heaters) and forced-air 

furnaces via new Subpart 

QQQQ

Best systems of emission reduction now exist and regulations are 

prudent and reasonable and required by Section 111.

14 Does not regulate cookstoves Clarifies definition Definition revised per input from HPBA Cookstove Caucus

15 Exempts coal-only heaters Not changed Source category listing is for residential “wood” heaters

16 Does not regulate masonry 

heaters

Regulates masonry heaters 

via new Subpart RRRR 

ASTM test method now exists to distinguish best systems of emission 

reduction. Industry trade associations want reasonable NSPS in order 

to enter marketplaces that only allow heaters that are NSPS-certified.

17 Regulates “commercial owners” 

throughout the full supply chain

Not changed Continuing concern about uncertified heaters getting into the 

marketplace and polluting the environment

18 Requires Owner’s Manual and 

operation according to Owner’s 

Manual and prohibits tampering 

and improper fuels

Not changed Continuing concern that proper operation is critical to reducing 

emissions. Current and historic Owner’s Manuals are required to be 

available on manufacturer’s website. 

19 Requires warranties for catalytic 

heaters

Adds warranties for 

noncatalytic heaters

Continuing concern that proper operation is critical to reducing 

emissions and that proper operation depends on quality materials 

and quality workmanship. This is true for both catalytic and 

noncatalytic heaters. Also, warranties help reinforce proper 

operation, i.e., manufacturer warranties would be voided for 

improper operation.
EO 12866 Review- NSPS for Residential Wood Heaters-- Do not cite, quote or release during review

Comparison of 1988 NSPS and Draft Proposal—9/27/13 Draft

20 Allows certification for heaters 

that are “similar in all material 

respects”

Not changed Reduces costs and timeline impacts. Still includes consensus list for 

tolerances that are assumed to be similar.

21 Requires manufacturer to affirm 

that they have a contract with an 

accredited lab to perform audit 

tests if EPA requests that the 

manufacturer conduct audit tests

Not changed As part of the regulatory negotiations in 1987, there was consensus 

that there needs to be an explicit mechanism for ensuring 

funding/capacity for the audit tests. An option of funding an EPA 

escrow account for EPA to use to fund contracts for audit tests by the 

labs was rejected because of concerns about the potential 

appearance of supplemental appropriations.

22 Requires EPA Method 28 for 

wood stove certification testing 

Adds updates (EPA Method 

28R and ASTM 2515)

Based on many discussion with ASTM and other stakeholders

23 Allows optional efficiency testing Requires testing by Canadian 

method CSA B415.1-10 and 

reporting results

Based on input from manufacturers, labs, and states. Many 

consumers make purchase decisions per stated efficiencies and there 

has not been a consistent basis for valid data. Also, IRS bases some 

biomass tax credits on efficiencies and has asked EPA for certified 

data. The proposal adds testing and reporting but does not set 

minimum efficiency requirements.

24 Requires permanent label to 

show certification status

Not changed Regulatory negotiation consensus in 1987 was that permanent labels 

were helpful to manufacturers, states, EPA, and consumers. Still true 

today.

25 Require temporary hangtag (in 

showroom) to show certified 

emission test levels

Deleted Regulatory negotiations in 1987 concluded that showroom hangtags 

would help the consumer more readily see which heaters had the 

lowest emissions. Today EPA is concerned that having EPA hangtags

in showroom may appear to endorse products that may not be the 

best of the best and may not even be allowed in some areas. EPA 

does intend to include the test results and explanatory information 

on the EPA BurnWise website so that consumers may research their 

purchases in more detail.

26 Prohibits operation of an affected 

facility that does not have a 

permanent label as specified in 

the NSPS

Not changed Regulatory negotiation consensus in 1987. Still wanted by all 

stakeholders, especially states that have NAAQS non-attainment 

concerns.

27 Specifies procedures for hearings 

and appeals

Simplified Regulatory negotiations in 1987 concluded that very specific 

procedures with lots of check and balances were necessary. Today, 
EO 12866 Review- NSPS for Residential Wood Heaters-- Do not cite, quote or release during review

Comparison of 1988 NSPS and Draft Proposal—9/27/13 Draft

EPA and the manufacturers and labs believe these procedures can be 

simplified and streamlined without sacrificing protection of the 

manufacturers or labs or the environment.

28 Exempts a wood heater from 

becoming an affected facility via 

modification or reconstruction as 

defined in Section 60.14 and 

60.15, respectively

Not changed Based on regulatory negotiation consensus of 1987. Consensus was 

that new certifications are necessary but not looking back. 

29 Provides 1-year exemption for 

small wood stove manufacturers 

that produce less than 2,000 

stoves per year

Not included, except allow 5 

years to comply for small 

masonry heater 

manufacturers that build 

less than 15 heaters per year

The 1987 NSPS proposal was developed using an extremely short 

regulatory negotiation schedule (5 months to reach agreement on the 

major provisions).Thus, the committee felt that an extra year for 

small manufacturers would be reasonable. The NSPS revision effort 

has been publicly discussed since 2009 and would require Step 1 

emission levels that match the 1995 WA State emission limits that 

>85% of EPA certified wood stoves already meet. Thus, EPA concludes 

that no additional time is necessary for small wood stove 

manufacturers. Also, the hydronic heater Step 1 proposal matches 

the EPA voluntary program Phase 2 qualification level that EPA 

instituted in October 2008 and that several states promptly adopted 

into their state rules. The proposal does include extra time (5 years) 

for (ultra) small masonry heaters manufacturers that build less than 

15 heaters per year.

30 Requires catalytic stoves to 

accommodate a commercially 

available temperature sensor

Requires temperature 

sensor to be included

In 1987, there was disagreement about whether sensors were 

dependable. Today, there is agreement that they work well and are 

critical to proper operation.

31 Requires random compliance 

auditing and selective 

enforcement auditing

Simplifies to “auditing” Workload priorities have limited EPA’s efforts to direct random 

audits. EPA still maintains authority to direct audits as appropriate. 

Inclusion of QA plan reviews and inspections by ISO-accredited 

certifying entities will provide additional data to help inform EPA.

32 NA Adds test methods for 

QQQQ and RRRR

Based on many discussions with ASTM, CSA, and other stakeholders. 

We have agreements with CSA and ASTM to allow public viewing of 

final and draft methods as public reviews the NSPS proposal. We 

highlight all significant issues in the preamble and note that the final 

methods may not be identical to the proposed drafts as we fully 
EO 12866 Review- NSPS for Residential Wood Heaters-- Do not cite, quote or release during review

Comparison of 1988 NSPS and Draft Proposal—9/27/13 Draft

consider the comments and test data submitted.

33 Requires testing with cribs Requires testing with 

cordwood for Step 2

All stakeholders agree that this will better match real world operation 

and will reduce the cost for manufacturers that test with both cribs 

and cordwood. 

34 Certification value is based on 

weighted average of 4 burn rates

Emission test results from 

each burn rate are separate 

for Step 2

The 1988 intent was to require that wood stoves operate well at all 

burn rates, especially low burn rates that often smoke the most. 

Stakeholders are concerned about the 1988 weightings. The proposal 

will encourage good operation at all reasonable real world conditions.

35 NA Adds filters for short-term 

peak emissions reporting 

Stakeholders are concerned that short-term peaks of some models 

are excessive and are masked by long test runs. The proposal adds 

more filters and reporting of results but does not set short-term peak 

emission limits.

36 NA Adds carbon monoxide (CO)

emission testing and 

reporting

Stakeholders are concerned that CO emissions of some models are 

excessive. The proposal adds testing and reporting of results but does 

not set emission limits.

37 NA Adds emission limits for 

single-burn-rate stoves

All stakeholders are concerned about the absence of NSPS emission 

limits for these stoves, the numerically largest heater exception in the 

1988 NSPS (~40,000 per year). The U.S. and Canadian manufacturers 

are in agreement that it is reasonable to include them now, after 25 

years of not being regulated.