MEMORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D
.C
. 20460

O FFI CE O F AI R AN D RADIATION

SUBJECT: Correction ofInadvertent Errors in the Standards ofPerformance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces FROM: Janet G. McCabe 

### .)->S,**._~** Acting Assistant Administrator (6101 A) THRU: Lorie Schmidt 

# h/**~~~** Associate General Co£sel

TO : Air and Radiation Law Office (2344A) Joel Beauvais**~/J9** 1 ' Associate Administrator 

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### ~ Office ofPolicy (1804A)J Gina McCarthy Administrator ( 1 101 A) This memorandum addresses two regulatory provisions that contain the same inadvertent error that was made in the process ofpreparing the signature package for the final rule titled "Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces" signed on February 3, 2015. The attached pages ofthe final rule are a redline and strikeout version that identifies this error and shows the corrected text. We are making this change to clarify our intention that international and domestic manufacturers ofnew residential wood heaters and new residential hydronic heaters would have the same constraints, and that the extended sales period for pre-existing inventory is limited to heaters manufactured before the effective date ofthe rule, as we correctly stated in the preamble. The Hydronic Heater Caucus and Office ofGeneral Counsel (OGC) raised concerns that the regulatory text was not consistent with our discussion in the preamble, and that someone could interpret the current text to mean that international manufacturers ofnew residential wood heaters may continue to manufacture uncertified products after the effective date and import them into the United States for sale between the effective date (60 days after publication in the Federal Register) and December 31, 2015.

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e rn et Address (U RL) • http://www
. epa.gov Recycled/Recyclable • Printed with Vegetable O il Based Inks on 1 00% Postconsumer
. Process Chlorine Free Recycled PaperThe OGC recommends replacing the existing language with the following text to ensure that the regulatory text fully and clear l y states (a) the prohibitions on manufacture, import and sale of uncertified heaters after the effective date , a nd (b) the proper scope of the allowance to sel l pre-existing inventory thr ough the end of2015 (for both AAA and QQQQ): Subpart AAA, section 60.532(a) , page 132 :

. (a) 2015 Particulate Matter Emission Standard s . Unless exempted under § 60.530(b) , each affected residential wood heater manufactured, imported int o the Un it ed States , and/or so ld at re ta il on o r after [INSER T DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER ] must be certified to not discharge into the atmos phere any gases that contain particulate matter in excess of a weighted average of 4.5 g/hr (0.0 10 lb/hr), except that a wood h eate r manufactured before [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER] may be imported into the United Sta t es and/or sold at retail on or before December 31 , 2015 . Compliance for all heaters must be determined by the test methods and procedures in § 60.534. Subpart QQQQ , section 60.5474(a)(l ) , page 187: ( a) Standards. Unless exempted under§ 60.5472 , no person is permitted to: ( 1 ) On or after [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], manufacture, import into the United States or se ll at retail a residential hydronic heate r unle ss it has been certified to meet the 2015 particu l ate matter em i ssion limits in paragraph (b)( 1) of this section , excep t that a residential h ydro nic heat er that was manufactured on or before [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER] may be imported into the United States and/or sold at retail on or before December 31 , 2015. The redline and strikeout shown on pages 132 and 187 of the rule identify the erro r described above and s h ow the corrected text. We recommend correction of these inadvertent errors and approval ofthese cha n ges by signing and dating below . Dated Administra tor. Attachment cc: Amy Hambrick/OA (1101A)