UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

 January 22, 2014

Dear Tribal Leader:

On January 3, 2014, the U.S. Environmental Protection Agency (EPA) proposed revisions to the New 

Source Performance Standards (NSPS) under the Clean Air Act (CAA) for New Residential Wood 

Heaters. The purpose of this letter is to invite you to consult should you believe your tribe could be 

affected by these proposed standards. 

This proposed federal regulation is necessary to revise the current 1988 standards to reflect significant 

advancements in wood heater technologies and design over the past 26 years. The proposal will require 

manufacturers to redesign wood heaters to be lower emitting and better performing. This action will also 

expand the range of residential wood-heating appliances covered by the current regulation to add new 

pellet stoves, new single burn-rate stoves, new outdoor and indoor wood boilers, new wood-fired forced 

air furnaces and new masonry heaters. In addition, the proposed rule will strengthen test methods and 

streamline the process for testing and certifying new model lines. This proposal will not affect existing 

wood heaters, but instead will be focused on improving new units. Manufacturers will comply with the 

standards primarily by improving combustion efficiency and heat transfer efficiency. In some cases, 

catalysts will also be incorporated into the designs. In a number of communities, residential wood smoke 

increases particle pollution to levels that cause significant health concerns (e.g., asthma, heart attacks, 

premature death), especially for elders and children.

The EPA has participated in outreach/informational meetings with tribal representatives to provide 

opportunities for input prior to development of the proposed rule. We provided information at the July 

2010 National Tribal Forum (NTF)/National Tribal Air Association (NTAA) meeting in Albuquerque, 

New Mexico and the November 2010 EPA Region 10 Tribal Leaders Summit in Juneau, Alaska. We 

have also presented information on this proposed rulemaking in the April 2010 issue of Tribal Air News 

and during the NTAA/EPA air policy conference calls (April 2010, July 2010, August 2010 and May 

2013). In addition, we are scheduled to present an update on the proposal at the January 30, 2014, 

NTAA/EPA air policy call.

On February 18, 2011, the EPA mailed letters to about 600 elected tribal leaders in the United States

offering an initial opportunity for consultation on development of this proposal. We received requests 

from six tribes. These tribes agreed to discuss the draft proposal with us in a conference call held on 

March 22, 2011. The tribes were very supportive of the draft proposal and provided some helpful

clarifications of definitions (e.g., Native American bake ovens) that we have incorporated in this 

OFFICE OF

AIR QUALITY PLANNING

AND STANDARDS
proposal. Specifically, we received input from the EPA/NTAA tribal workgroup members on culturally 

relevant exclusions from the proposed standards. We agreed with their input, clarified that we do not 

intend to regulate ceremonial fires, and added a definition to the proposed rule to exclude traditional 

Native American bake ovens. The EPA anticipates promulgating the revisions and the new regulations 

in early 2015.

Because the standards would apply to newly-manufactured residential wood heater appliances that could 

be sold for use within Indian country, the Agency believes it is important to offer consultation with 

federally-recognized tribes. The EPA expects the proposed rule to improve environmental protection 

within Indian country and nationwide. We are prepared to consult with you or your designee should you 

desire it. If you would like to initiate or decline government-to-government consultation with the EPA, 

please contact Gil Wood at (919) 541-5272, email: wood.gil@epa.gov or Toni Colón at (919) 541-0069, 

email: colon.toni@epa.gov. Because of our tight schedule to promulgate regulations in about one year, 

we kindly ask that you notify the EPA of your intention regarding consultation by February 28, 2014.

We request your input to assure we develop the best final rule possible. We endeavor to conduct our 

efforts with sensitivity to the needs and culture of your tribe and with attention to the potential impacts 

of our actions. We look forward to receiving your input.

Sincerely,

Gregory Green

Director

Outreach and Information Division

cc: Tribal Environmental Director

Tribal Environmental Staff