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MEMORANDUM

TO: Gil Wood, USEPA

David Cole, USEPA

FROM: Jill Mozier, EC/R Inc.

DATE: December 9, 2013

SUBJECT: Notes from 9/30/2013 presentation of citizens group to OMB regarding hydronic 

heater concerns and Wood Heater NSPS Proposal

The Office of Management and Budget’s Office of Information and Regulatory Affairs

(OMB/OIRA), the Council on Environmental Quality (CEQ), the Office of Science and 

Technology Policy (OSTP), the Council of Economic Advisers (CEA), the Small Business 

Administration (SBA), and the EPA were on the call. Primary presenters were AndreaWieland, 

Nancy Alderman, Patrice Lee, Bonnie Lichak, and Sylvia Schultz, a group either personally 

affected or representing other citizens affected by hydronic heater emissions. Below are brief 

notes from the presentation, followed by one attachment. The additional numerous documents 

and videos submitted to OMB by the presenters will be attached to this memo in the docket.

 Andrea Wieland, currently living in Wisconsin, was present to represent citizens

personally affected by indoor and outdoor wood boilers, or hydronic heaters (HH). She 

noted that these citizens have paid the cost of EPA not yet updating the NSPS, and that 

those impacted strongly support updating the NSPS. However, they oppose allowing HH 

at even Phase II levels, as they smoke excessively and negatively impact health and 

property values. Ms. Wieland listed the known health effects of wood smoke and made 

the following points:

o The state of Alaska has measured 1,000 μg/m3particulate, which is twice the 

highest air quality level EPA measures.

o The standard should include a g/hr never to exceed cap “like the Washington 

standard”.

o The standard should state a CO limit.

o HH are based on a flawed engineering design, as they are designed to cycle and 

smolder and smoke.

o The proposed NSPS is not based on best available technology, as there are cleaner 

units (e.g., 6 units that emit lower than proposed standards).

o The argument that manufacturers can’t afford to design and sell cleaner units just 

shifts the cost to neighbors of HH owners.

o This group urges OMB to reject the HH portion of the proposed NSPS.
2

 Nancy Alderman, the president of Environmental and Human Health, Inc, (EHHI) a 

group of physicians and public health professionals “dedicated to protecting human 

health from environmental harm through research, education and promotion of sound 

public policy” (see http://www.ehhi.org/), noted that the states rely on EPA’s expertise.

EHHI conducted a study (docketed and available on above EHHI website) in which the 

indoor air of homes near and not-so-near OWBs was sampled for particulate levels. A 

home as far away as 850 feet from the OWB had PM2.5 levels 6 times that of background 

houses, and 4 times higher than the EPA standards. These levels are unsafe to live in and 

the seriousness of this cannot be overstated, according to Ms. Alderman. The exposure is 

similar to people exposed to cigarette smoke 24/7. The impacts to affected neighbors are 

truly sad because they include economic impacts (e.g., can’t abandon homes and 

purchase others, can’t sell homes because they’re encased in smoke) and health impacts 

(e.g., neighbors are getting sick continuously, their children have lung impairments the 

rest of their lives). So these impacted neighbors are stuck in homes that are sickening 

them. The EHHI website receives 90,000 hits per year related to OWB wood smoke 

concerns. In conclusion, there are only 3 outcomes open to neighbors impacted by OWB 

wood smoke: (1) Remain and get sick; (2) Abandon a home that they can’t sell; (3) Pay a 

lawyer $150 to $450 per hour to represent them (while the people owning the OMB 

emitting the smoke will pay nothing for defending their position – there is no cost to 

them).

 Patrice Lee, a math and science teacher from Fairbanks, Alaska read from a handout 

regarding the significant health impacts to students and faculty of a Fairbanks school 

from two nearby EPA Phase II heaters, which is included as an attachment to this memo.

She concluded by urging OMB to reject EPA’s NSPS proposal to certify Phase II 

(hydronic) heaters.

 Sylvia Schultz, a resident from Fairbanks, Alaska, read from a handout which is included 

as an attachment to this memo. She noted EPA’s misleading basis for certifying Phase II 

OWB and concluded that “EPA must take a closer look at the true costs of approving a 

certified wood heater standard for hydronic heaters, especially the cost to public health.”

 Bonnie Lichak from New York noted the economic costs to families and further noted 

that concerned citizens can’t get New York to pass protective standards like in the state 

of Washington. She urged OMB to please reject EPA’s proposal to regulate HH at Phase 

II levels.
Attachment

(Note that additional submissions to OMB from these presenters are docketed as 

attachments to this memo in Docket EPA HQ-OAR-2009-0734.)
TO:

FROM:

DATE:

RE:

Mabel Echols, OMB <Mabel_E._Echols@omb.eop.gov> 

Sylvia Schultz 

Patrice Lee 

Sept 29, 2013 

September 30, 2013 meeting on the residential wood heater NSPS and Phase 2 

Please find 21 attachments submitted in two emails. 

The presentations by Patrice Lee and Sylvia Schultz are included in Attachment (01). 

Technical support for our recommendation to OMB is provided in Attachment (02). 

Thank you. 

Attachments Submitted by Email: 

(01) NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-29.pdf 

(02) CAF Recommendation Opposing Hydronic Heater Standard NSPS 2013-9-28.pdf 

(03) 2009-1-10 FNSB photo 58 Trinidad.jpg 

(04) 2009-1-10 FNSB data.pdf 

(05) 2009-1-10 FNSB notes.pdf 

(06) FNSB map Woodriver bulls-eye 2011-01-24.jpg 

(07) Alaska v Straughn affidavits 2013-1-31.pdf 

(08) FNSB 190 Woodriver area AQ complaints 2008-2013.pdf 

(09) ADEC records re AQ in Woodriver neighborhood 2009-2010.pdf 

(10) Preliminary injunction Straughn 2013-2-4.pdf 

(11) Straughn receipt two Central Boiler 2300s 2008-4-30.pdf 

(12) Straughn FNSB application with color photos 2013-6-7.pdf 

(13) CAF Firewood Prices 2013.pdf 

(14) Alaska Resource Agency Leg Request 2011.pdf 

(15) Email Seth Beausang, Alaska AG Office 2013-7-29.pdf 

(16) Alaska v Straughn Settlement 2013-7-22.pdf 

(17) Alaska Resource Agency 2012-3-29.pdf 

(18) Straughn FNSB acceptance OHH replacement 2013-7-18.pdf 

(19) Gullett EPA 2012 Executive Summary 12-15 Wood-Fired HH.pdf 

(20) Sidhu, Gullett 2011Toxic Air Emissions, webinar.pdf 

(21) Murphy, LA Times Fairbanks area chokes on wood stove pollution 2013-2-16.pdf 
NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-30, page 2 of 7

Fairbanks NSPS Hydronic Heater Presentations:

Patrice Lee

 I am Patrice Lee. I am a retired teacher, now substituting throughout the school district in 

the Fairbanks North Star Borough, Alaska.

 I would like to brief you about the harm to public health caused by smoke from two EPA 

Phase 2 heaters near a public school in Fairbanks. The owner installed the heaters for two 

rental properties in 2008.

 The Borough recorded PM2.5 peaks up to 1,088.3 μg/m3.

1,2,3

 The Borough mapped the hot zone of air pollution from these heaters surrounded by clean 

air.

4

 358 public record complaints were filed regarding smoke in the neighborhood; 43 percent 

identified the two boilers.

5,6

 Smoke was “almost constant” and so thick teachers thought there was a fire in the school.

7

 The school nurse identified smoke as the cause of at least six asthma attacks in children, 4 

in one day.

8

At least one child was hospitalized.

9

 A teacher was hospitalized for a blood clot in her lung, missed five weeks of work, and is still 

receiving invasive treatment out-of-state. Doctors attribute her symptoms to wood smoke 

58 Trinidad Drive

Fairbanks, Alaska

EPA Phase 2:

Central Boiler E-Classic 2300

5055 Palo Verde Avenue

Fairbanks, Alaska

Photos Prior to Destruction
NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-30, page 3 of 7

exposure.

10 Struggling to breathe, she consulted the school nurse who responded, “Oh 

dear, you’ll just have to get an inhaler like the rest of us.”

 Another school employee, athletic and a nonsmoker, required two sinus surgeries and was 

diagnosed with the blood oxygen levels of a smoker.

11

 Years went by. Coughs and infections escalated into chronic conditions. Prescriptions for 

school employees included antibiotics; steroids pills, eye drops, and inhalers; and painful 

anti-allergy shots.

12

 Neighbors were harmed as well. One neighbor was reduced to 20 percent lung function.

13

 Recess was canceled repeatedly.

14 Teachers were unable to work.15

 The state inspector gave the owner clean-burning pamphlets including “EPA Hydronic 

Heaters Best Burning Practices.”16

 According to the affidavit from the state inspector: “It appeared from his description that he 

was operating them correctly.”

17

 These two Phase 2 heaters, even when apparently operated correctly, caused severe 

injuries to nearby residents and to teachers and children at the school.

 The smoke continued to 2013 until the state of Alaska took the owner to court. Judge 

Robert Downes found that the operation of the two boilers had “proven to be a public 

nuisance” and, without a hearing, ordered burning to cease.

18

 I witnessed and endured the ordeal of smoke inside and outside the school. After burning 

ceased, the air in the playground and school was clean.

 In regards to certifying Phase 2, we are not aware that EPA has considered public records 

regarding these two Phase 2 heaters in Fairbanks, Alaska.

 EPA’s 2012 study tested this make and model and found it has a low, 30 percent average 

thermal efficiency.19,20

 Yet, EPA has hidden this vital information needed to assess Phase 2 heaters at the same 

time as EPA is recommending certification of these devices.21 Having the data in hand, I can 

finally understand why these two hydronic heaters produced such vast amounts of smoke.

 EPA has also misled purchasers. EPA’s 2012 study compares the 30 percent efficiency of the 

tested model with the 75 percent “nameplate efficiency” (also called “rated efficiency”).22

EPA verified that manufacturers were promoting efficiency numbers with little bearing on 

reality, but has kept the public in the dark.
NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-30, page 4 of 7

 Based on the record of harm from two EPA Phase 2 Central Boiler E-Classic 2300 heaters 

and EPA’s intentional concealment of relevant test data in federal rulemaking, OMB must 

reject EPA’s New Source Performance Standards proposal to certify Phase 2 heaters.

Sylvia Schultz

 I am Sylvia Schultz. For 22 years, I lived in Fairbanks. My husband was a 33-year resident.

 Phase 2 heaters are not cheap to buy or install. If wood is purchased, savings are negligible 

over the cost of fuel oil.

 EPA’s proposal to certify Phase 2 ignores the true costs as well as the dangers of these 

devices.

 OMB must reject EPA’s improper, misleading proposal to certify Phase 2 heaters.

23

Costs to the Owner – for Two Phase 2 Hydronic Heaters (Central Boiler E-Classic 2300):

 Over $23,000 to purchase two Phase 2 heaters.

24 Costs of installation not included.

 $8,500 per year for split firewood. The owner reports burning 14 cords in one heater and 20 

cords in the other.

25 The price of firewood is conservatively estimated at $250/cord.26

 $600 for taller chimneys. Approx. $100 per 4-foot section,

27 3 sections each, 2009.

 Conventional oil-fired boilers were installed when the properties were constructed in 2005, 

making the Phase 2 heaters redundant systems.

28

 The owner agreed to pay the state $12,000 per the court settlement agreement.29

Externalized Costs – for Healthcare and Attempts to Mitigate:

 $96,000 for at least three sinus surgeries, $32,000 each.

30,31

 $160,000 for allergy treatment shots. Four years at $40,000/yr.

32

 Over $100,000 paid by state health insurance to treat my husband, no preexisting 

conditions, for persistent atrial fibrillation; diagnosed January 2012 after exposure to smoke 

from these heaters.33 Our copay was $4,000.

 $67,500 for installation of an air filtration system in the school.

34

 Neighbors installed HEPA air filtration systems, approx. $1,000 each; filters $50/each; filters 

replaced every three months.

35

 $19,200 for two pairs of retrofit afterburner catalysts (ClearStak CS-100), $4,800 each.

36

 $20,000 to be paid to the owner for removing the heaters, $10,000 each.

37
NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-30, page 5 of 7

 Significant costs of agency monitoring, enforcement, and prosecution.

 In July 2012, we moved with our two young children to Washington State where outdoor 

boilers are prohibited. Our Fairbanks home of 26 years sold for $170,000 less than our 

Washington home. Moving expenses were significant.

 For comparison, we paid $4,000 per year to heat our 2,800 square foot home using fuel oil, 

typical for a similar, properly insulated home in Fairbanks.

Conclusions:

 Exhaustive, costly efforts to mitigate were unable to “fix” these two Phase 2 heaters.

 The substantial harm to public health from misuse of hydronic heaters38 is avoided by 

continuous-feed wood pellet models. “If it fits, it burns” has led some in Fairbanks to heat 

with garbage, creosote-treated poles, manure, carpet, and tires. Dr. Jim Conner, the 

Borough’s air quality program director has said, “You would not believe what they burn.”

39

 Considering all costs, Phase 2 boilers may easily be the most costly heating system you can 

buy.

 Phase 2 heaters, such as the Central Boiler E-Classic 2300, may benefit their owners, but this 

benefit fails to offset the significant costs of healthcare and mitigation.

 EPA must take a closer look at the true costs of approving a certified wood heater standard 

for hydronic heaters, especially the cost to public health.

 

1

2009/1/10 FNSB photo.

2

2009-1-10 FNSB data.

3

2009-1-10 FNSB notes.

4

FNSB map Woodriver bulls-eye 2011-01-24.

5

Alaska v. Straughn affidavits, pp 7-8, 14.

6

FNSB 190 Woodriver area AQ complaints 2008-2013.

7

Alaska v. Straughn affidavits, p 25.

8

ADEC records re AQ in Woodriver neighborhood 2009-2010, pp 3 and 19.

9

Alaska v. Straughn affidavits, p 23.

10 Alaska v. Straughn affidavits, pp 33-34.
NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-30, page 6 of 7

 

11 Alaska v. Straughn affidavits, p 27.

12 Alaska v. Straughn affidavits, pp 27, 30, 34, 35, 37.

13 Alaska v. Straughn affidavits, p 52.

14 Alaska v. Straughn affidavits, pp 22, 46.

15 FNSB 190 Woodriver area AQ complaints 2008-2013, pp 1, 8.

16 ADEC records re AQ in Woodriver neighborhood 2009-2010, p 7.

17 Alaska v. Straughn affidavits, p 11.

18 Preliminary injunction Straughn 2013-2-4.

19 Brian Gullett, Gil Wood, et al, June 2012, Environmental, Energy Market, and Health Characterization of WoodFired Hydronic Heater Technologies, Report 12-15, Executive Summary, US EPA, Office of Research and 

Development and Office of Air Quality Planning and Standards for NYSERDA, p 32.

20 Sukh Sidhu, Brian Gullett, et al, March 2011, Toxic Air Emissions from Burning Wood and Agricultural Plastics–A 

Cone Calorimeter Study, Great Lakes Commission webinar presentation, p 17.

21 CAF Recommendation Opposing Hydronic Heater Standard NSPS 2013-9-28.

22 Brian Gullett, Gil Wood, et al, June 2012, Environmental, Energy Market, and Health Characterization of WoodFired Hydronic Heater Technologies, Report 12-15, Executive Summary, US EPA, Office of Research and 

Development and Office of Air Quality Planning and Standards for NYSERDA, p 28.

23 CAF Recommendation Opposing Hydronic Heater Standard NSPS 2013-9-28.

24 Straughn receipt two Central Boiler 2300s 2008-4-30.

25 Straughn FNSB application with color photos 2013-6-7.

26 CAF Firewood Prices 2013.

27 Alaska Resource Agency Leg Request 2011, p 13.

28 Email Seth Beausang, Alaska AG Office 2013-7-29.

29 Alaska v Straughn Settlement 2013-7-22, p 4.

30 Woodriver Elementary area AQ complaints 2008-2013, p 18.

31 Alaska v. Straughn affidavits, p 27.

32 Alaska v. Straughn affidavits, p 30.

33 Alaska v. Straughn affidavits, pp 61-63.
NSPS residential wood heaters and Phase 2, Fairbanks Presentations 2013-9-30, page 7 of 7

 

34 Alaska v. Straughn affidavits, p 16.

35 Alaska v. Straughn affidavits, p 57.

36 Alaska Resource Agency 2012-3-29, p 1.

37 Straughn FNSB acceptance OHH replacement 2013-7-18.

38 Sukh Sidhu, Brian Gullett, et al, March 2011, Toxic Air Emissions from Burning Wood and Agricultural Plastics–A 

Cone Calorimeter Study, Great Lakes Commission webinar presentation, p 17.

39 Murphy, LA Times Fairbanks area chokes on wood stove pollution 2013-2-16, p 2.