MEMORANDUM 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OFFICE OF 

AIR AND RADIATION 

SUBJECT: Correction of Inadvertent Errors in the Standards of Performance 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£selTO: 

Air and Radiation Law Office (2344A) 

Joel Beauvais ~/J9 1 ' 

Associate Administrator I u ( aau. v C{(_ ~ 

Office of Policy (1804A)J 

Gina McCarthy 

Administrator ( 1101 A) 

This memorandum addresses two regulatory provisions that contain the same inadvertent error that was 

made in the process of preparing 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 of new 

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 of the rule, as we correctly stated in the preamble. The Hydronic Heater Caucus and 

Office of General 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 of new 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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The OGC recommends replacing the existing language with the following text to ensure that the 

regulatory text fully and clearly states (a) the prohibitions on manufacture, import and sale of uncertified 

heaters after the effective date, and (b) the proper scope of the allowance to sell pre-existing inventory 

through the end of2015 (for both AAA and QQQQ): 

Subpart AAA, section 60.532(a), page 132: 

. (a) 2015 Particulate Matter Emission Standards. Unless exempted under § 60.530(b), each 

affected residential wood heater manufactured, imported into the United States, and/or sold at retail on 

or after [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER] must be certified to not discharge into the atmosphere 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 heater manufactured 

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 . 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 sell at retail a residential 

hydronic heater unless it has been certified to meet the 2015 particulate matter emission limits in 

paragraph (b)( 1) of this section, except that a residential hydronic heater 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 error described above and 

show the corrected text. 

We recommend correction of these inadvertent errors and approval ofthese changes by signing and 

dating below. 

Dated 

Administrator. 

Attachment 

cc: Amy Hambrick/OA (1101A)