Emission Control Technologies TM Cleanest Wood Burning Fireplaces

29 Nov 2011 

US EPA / Office of Air Quality Planning & Standards

109 T.W. Alexander Drive, Mail Code: C404-05

Research Triangle Park, NC 27709

Attn: Mr. Gilbert Wood 

Subject: Revision of the Residential Wood Heater NSPS

Dear Gil:

A recent article in USA Today, claimed that the number of US households heating with wood 

rose 34% nationwide from 1.8 million in 2000 to 2.4 million in 2010 — faster than any other 

heating fuel. Another projection indicates that the number of households heating with wood 

could increase to 3 million over the next 5 years. If this trend continues, it places an even 

greater importance on the regulatory efforts of US EPA regarding residential wood combustion. 

I realize that EPA has begun the revision process for the new proposed emission standards for 

wood burning appliances. EPA is proposing to match the Standards adopted by Washington 

State in 1995 of 4.5 grams an hour for wood and pellet stoves and 2.5 grams an hour for 

catalytic stoves. EPA, however, has decided not to include fireplaces in the current NSPS 

revision process. 

In 1988, when EPA implemented the Residential Wood Heater New Source Performance 

Standard (NSPS), the intention was to regulate the manufacture and sale of wood heaters or 

wood stoves and some wood burning fireplace inserts. EPA’s intention was never to regulate 

open wood burning fireplaces with this Standard. In fact, it states in the CFR that open masonry 

fireplaces constructed on-site and not subject to that subpart. However, in an effort to meet their 

obligations under the Clean Air Act and to the National Ambient Air Quality Standards as 

imposed by EPA, states and local air districts across the country have been using the 1988 

Wood Heater Standard to regulate wood burning fireplaces. Their positions as explained to me 

have been that they have no other recourse. There was no other standard available at the time. 

As you know, many of these air districts have actually incorporated language into their wood 

burning rules invoking the EPA requirements set forth in Part 60, Title 40, Subpart AAA, Code of 

Federal Regulations to regulate the installation and use of open wood burning fireplaces.

Our position is that the 1988 Wood Heater Standard should NOT be applied to wood burning 

fireplaces. The EPA’s 7.5 g/hour requirement for woodstoves is a weighted average derived 

from weighting each of a minimum of four test runs, one conducted in each of four required burn 

rate categories, with heating-degree–day frequency distribution factors from across the U.S. 
Emission Control Technologies TM Cleanest Wood Burning Fireplaces

The NSPS woodstove emissions results are weighted towards low burn-rate operating 

conditions with a weighted average burn rate of approximately 1.17 kg/hour or a weighted 

average heat output of about 14,000 Btu/hour.

We believe that comparing or applying the 7.5 g/hour woodstove standard to wood burning 

fireplace performance is a very poor regulatory approach to solving the particulate problems of 

the national airshed. As an example, an EPA Certified wood heater has an allowable limit of 7.5 

grams of particulates per hour and an average burn rate for the 4 required test runs of 1.17 

kg/hour. Therefore, if a wood heater has an average performance of 6.40 g/kg, it would meet 

the current EPA wood heater requirement. However, a wood heater with emissions performance 

6.40 g/kg would not meet the current emissions limit for EPA Phase II Qualified Fireplaces of 

5.1 g/kg. It is not good science to apply the wood heater standard to wood burning fireplaces.

When testing a wood heater, you can easily manipulate burn rates to develop a weighted 

average over four distinct burn cycles. A wood burning fireplace, on the other hand, has a much 

higher burn rate that cannot be manipulated to create a low burn rate scenario to fit into the 

wood heater guidelines. Washington State, the architect of the original emissions standards 

used by EPA has officially recognized and acknowledged this anomaly. On 20 April 2011, the 

Washington State Department of Ecology issued a letter to all EPA wood burning test labs 

expressing a preference for all new open wood burning fireplaces to be tested and qualified to 

the ASTM E-2558 Standard instead of the outdated WAC 51-50-31200 Test Standards for wood 

heaters. 

EPA Phase II Qualified is a term used for appliances that have been demonstrated to meet the 

emission level set by EPA's Voluntary Fireplace Program with performance measured in terms 

of grams per kilogram of wood burned. However, these clean burning fireplaces cannot be 

"EPA-Certified" per EPA's Wood Heater NSPS which measures the weighted average of four 

burn cycles in a sealed combustion chamber in terms of grams of particulates per hour. This 

simply means that states and local air districts that want to recommend or require use of the 

clean burning fireplaces listed on the EPA Burnwise website are unable to do so. The response 

from states and local air district that I have spoken with is that they want to use our cleaner 

burning fireplaces but wood burning fireplaces are historically required to meet the EPA 

requirements set forth in Part 60, Title 40, Subpart AAA, Code of Federal Regulations (1988). 

If EPA had followed through with their expressed intention of regulating wood burning fireplaces 

with a New Source Performance Standard, these problems would have all gone away with the 

release of the new standard. However, as mentioned earlier in this correspondence, EPA has 

decided not to include fireplaces in the current NSPS revision process. 

Clear Skies Unlimited and FMI Products LLC have collectively invested millions of dollars to 

deliver clean burning fireplaces to the EPA recommended test standard (ASTM E-2558). In 

response to the regulatory need expressed by US EPA for clean burning fireplaces, we 

developed some of the cleanest wood burning fireplaces in the world. In response to our 
Emission Control Technologies TM Cleanest Wood Burning Fireplaces

development effort, EPA agreed in our Partnership Agreements to promote the benefits of 

cleaner wood-burning fireplaces to state and local air quality regulators. We have not yet seen 

this kind of support from EPA.

We are extremely disappointed that our EPA Phase II Qualified clean burning fireplaces have 

not been widely recommended by EPA to state and local air quality regulators across the 

country, especially in PM 2.5 non-attainment areas. Most of these air quality regulators are 

focused on the current NSPS for Wood Heaters and refuse to officially acknowledge or accept 

the outstanding performance that we have achieved with our EPA Phase II Qualified Fireplaces. 

You would think that an EPA Qualified Technology that reduces wood smoke emissions by at 

least 70% would be celebrated by the air quality community instead of being ignored. 

In October of 2009, EPA issued a ―Wood Smoke Strategies Document‖ for states and local air 

districts. However, the language in the document was very ―weak‖. EPA stated that ―air districts 

may consider fireplace regulations based on the EPA voluntary fireplace program.‖ We were 

expecting a more assertive position from EPA. The EPA / HPBA wood stove program has tens 

of millions of dollars in funding for change-outs and retro-fits. The hydronic wood heater 

program has mandates and incentives for Phase II Qualified units. The EPA wood burning 

fireplace program, however, has virtually no support at all within the regulatory community. 

We believe that much of the confusion by air quality regulators can be clarified by EPA in their 

upcoming revision to the Wood Heater NSPS. We recommend that EPA state clearly in the 

revised Wood Heater Standard that the standard “does not apply to open wood burning 

fireplaces” and that “open wood burning fireplaces are regulated by ASTM E-2558.” We would 

also request that consideration be given to EPA Clean Burning Fireplaces as the ―Best Available 

Control Technologies‖ for wood burning fireplaces for use in residential wood combustion. This 

would be very helpful in working with the State Implementation Planners. I look forward to 

hearing back from you.

Please contact me with questions @ 951-264-8725. Thank you for your time.

Best Regards,

David Kelly

Director of Business Development

FMI Products LLC

2701 Harbor Blvd.

Santa Ana, CA 92704

cell 951-264-8725

www.fmiproducts.com

w/ attachment: Letter State of Washington Dept of Ecology dated 20 April 2011
Emission Control Technologies TM Cleanest Wood Burning Fireplaces