EO 12866 Review

- NSPS for Residential Wood Heaters

-- Do not cite, quote or release during review Comparison of 19 8 8 NSPS and Draft Proposal

— 9/2 7 /13 Draft

F rom: 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, Kimbe r 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,

GilEO 12866 Review

- NSPS for Residential Wood Heaters

-- Do not cite, quote or release during review Comparison of 19 8 8 NSPS and Draft Proposal

— 9/2 7 /13 Draft

# 1988 NSPS Draft Proposal Comments
1 Phase I limits o n 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.
2 a 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 t o avoid “testing logjams.” Reduce s 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 a fter Step 1 (rather than 5 years after Step 1 as in proposal)
3 Restricts sales of noncompliant
wood stove s 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. M ost

m anufacturers 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 n oncatalytic Same value for both Catalyst durability and stove integration ha ve improved significantly since 1988. Both catalytic and noncatalytic need annual inspection, periodic maintenance and good warranties.

5 Allow s manufacturers to elect to test a representative wood stove and certify compliance per model line instead of testing every heater. Not changed Greatly r educe s costs and timeline impacts . Given current computer guided manufacturing processes there is good assurance that a single stove is representative of model line.

6 Require s independent, third

party, EPA

- accredited laboratories Expand s to ISO

- accredited laboratories and ISO

accredited 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 m anufacturer 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 ISO

accredited certifying entity. Some efficienc y is expected because the

same en tities 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 potentialEO 12866 Review

- NSPS for Residential Wood Heaters

-- Do not cite, quote or release during review Comparison of 19 8 8 NSPS and Draft Proposal

— 9/2 7 /13 Draft

forever until 1 year after certificate expires audit s.

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 infrastru cture overall and specific templates for this NSPS.
10 D oes not regulate open fireplaces Not changed Use s specific language rather than >35:1 air

- to

- fuel ratio which had
unintended loophole effects for other wood heaters ( e.g. , pellet stoves)

11 D oes not regulate devices >35:1
air

- to

- fuel ratio Delete s this part of definition of wood stove Clarifie s 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.

1 3 D oes not regulate boilers and furnaces Regulat es indoor and outdoor boilers (hydronic heaters) and forced

- air furnaces via new Subpart QQQQ Best systems of em i ssio n reduction now exist and reg ulations are prudent and reasonable and requi r ed by Section 111.

1 4 D oes not regulate cookstoves Clarifie s de finition Definition revised per input from HPBA Cookstove Caucus

1 5 Exempts coal

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

1 6 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 association s want reasonable NSPS in order to enter marketplaces that only allow heaters that are NSPS

- certified.

1 7 Regulates “commercial owners” throughout the full supply chain Not changed Continuing concern about uncertified heaters getting into the marketplace and polluting the environment

1 8 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.

1 9 Requires warranties for catalytic heaters Adds warranties for noncatalyti c 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 19 8 8 NSPS and Draft Proposal

— 9/2 7 /13 Draft

20 Allows certification for heaters that are “similar in all material respects” Not changed Reduce s costs and timeline impacts

. Still includes c onsensus list for tolerances that are assumed to be similar.

21 Requires manufacture r 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 r egulatory negotiations in 1987, there was consensus that there need s 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.
2 2 Requires EPA Method 28 for
wood stove certification testing Adds u pdates ( EPA Method 28R and ASTM 2515 ) Based on many discussion with ASTM and other stakeholders

23 Allows optional efficiency testing Requires test ing 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 no t 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 hangtag s in showroom may appear to endorse product s 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 Prohibit s 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 19 8 8 NSPS and Draft Proposal

— 9/2 7 /13 Draft

EPA and the manufacturers and labs believe these procedures can be simpl ified 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 ch anged 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

re gulatory negotiation schedule ( 5 months to reach agreement on the major provisi ons ).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
institute d 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

acc ommodate 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 Require s random compliance auditing and selective enforcement auditing Simplifies to “auditing” Workload priorities have limited EPA’s efforts to direct random audit s

. 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 discussion s with ASTM, CSA, and other stakeholders

. We have agreements with CSA and AST M 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 fullyEO 12866 Review

- NSPS for Residential Wood Heaters

-- Do not cite, quote or release during review Comparison of 19 8 8 NSPS and Draft Proposal

— 9/2 7 /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 th e 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 Add s carbon monoxide (CO)
emission testing and reporting Stakeholders are concer ned 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 emissi on 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.