13672 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2009–0734; FRL–9920–50– 

OAR] 

RIN 2060–AP93 

Standards of Performance for New 

Residential Wood Heaters, New 

Residential Hydronic Heaters and 

Forced-Air Furnaces 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

revise the Standards of Performance for 

New Residential Wood Heaters and to 

add a new subpart: Standards of 

Performance for New Residential 

Hydronic Heaters and Forced-Air 

Furnaces. Today’s rule is authorized by 

section 111(b) and section 114 of the 

Clean Air Act (CAA). The EPA is not 

finalizing, at this time, the proposed 

Standards of Performance for New 

Residential Masonry Heaters in order to 

allow additional time for the Masonry 

Heater Association to finish their efforts 

to develop revised test methods, an 

emissions calculation program and an 

alternative dimensioning standard. This 

final rule achieves several objectives for 

new residential wood heaters, including 

applying updated emission limits that 

reflect the current best systems of 

emission reduction; eliminating 

exemptions over a broad suite of 

residential wood combustion devices; 

strengthening test methods as 

appropriate; and streamlining the 

certification process. Residential wood 

smoke emissions are a significant 

national air pollution problem and 

human health issue. These emissions 

occur in many neighborhoods across the 

country, including minority and lowincome neighborhoods, and impact 

people in their homes. To the extent 

that children and other sensitive 

populations are particularly susceptible 

to asthma, and that minority 

populations and low-income 

populations are more vulnerable, this 

rule will significantly reduce the 

pollutants that adversely affect their 

health. On an economic basis, the 

public benefits of this rule vastly 

outweigh the costs, with every dollar in 

additional cost producing more than 

$100 in public benefit. This final action 

does not include any requirements for 

heaters solely fired by gas, oil or coal. 

In addition, it does not include any new 

requirements associated with appliances 

that are already in use. The EPA 

continues to strongly encourage state, 

local, tribal, industry and consumer 

efforts to change out (replace) older 

heaters with newer, cleaner, more 

efficient heaters. Additional information 

is on the EPA Burn Wise Web site at 

www.epa.gov/burnwise. Also, we 

encourage state, local, and tribal 

authorities to develop site-specific 

installation and operating requirements 

to help ensure healthy air for all. 

DATES: This final action is effective on 

May 15, 2015. The incorporation by 

reference of certain publications listed 

in this rule is approved by the Director 

of the Federal Register as of May 15, 

2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–HQ–OAR–2009–0734. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available 

(e.g., confidential business information 

or other information whose disclosure is 

restricted by statute). Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA WJC West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final rule for new 

residential wood heaters, hydronic 

heaters, and forced-air furnaces, contact 

Ms. Amanda Aldridge, Office of Air 

Quality Planning and Standards, 

Outreach and Information Division 

(C304–05), U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, telephone 

number (919) 541–5268; fax number 

(919) 541–2664; email address: 

aldridge.amanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document: 

mg/m3 Micrograms per cubic meter 

ASTM American Society for Testing and 

Materials (now ASTM International) 

BSER Best System of Emissions Reduction 

BTU British Thermal Unit 

CAA Clean Air Act 

CBI Confidential Business Information 

CDX Central Data Exchange 

CEDRI Compliance and Emissions Data 

Reporting Interface 

CFR Code of Federal Regulations 

CO Carbon Monoxide 

CO2 Carbon Dioxide 

CSA Canadian Standards Association 

EPA U.S. Environmental Protection Agency 

ERT Electronic Reporting Tool 

EJ Environmental Justice 

FR Federal Register 

g/hr Grams per hour 

HAP Hazardous Air Pollutant(s) 

HPBA Hearth, Patio and Barbecue 

Association 

IBR Incorporation by Reference 

ICR Information Collection Request 

ISO International Organization for 

Standardization 

lb Pound(s) 

lb/hr Pound(s) per hour 

lb/mmBtu Pound(s) per million British 

Thermal Units 

NAAQS National Ambient Air Quality 

Standards 

NAICS North American Industry 

Classification System 

NESCAUM Northeast States for 

Coordinated Air Use Management 

NESHAP National Emission Standards for 

Hazardous Air Pollutants 

NOX Nitrogen Oxides 

NSPS New Source Performance Standards 

NTTAA National Technology Transfer and 

Advancement Act of 1995 

NYSERDA New York State Energy Research 

and Development Authority 

OAQPS Office of Air Quality Planning and 

Standards (U.S. EPA) 

OECA Office of Enforcement and 

Compliance Assurance (U.S. EPA) 

OMB Office of Management and Budget 

PAH Polycyclic Aromatic Hydrocarbon 

PFI Pellet Fuels Institute 

POM Polycyclic Organic Matter 

PM Particulate Matter 

PM2.5 Particulate Matter with an 

aerodynamic diameter of 2.5 micrometers 

or less (‘‘fine particles’’) 

ppm Parts per million 

R&D Research and Development 

RIA Regulatory Impact Analysis 

RTC Response to Comments 

U.S. United States 

U.S.C. United States Code 

UMRA Unfunded Mandates Reform Act 

vs. Versus 

VCS Voluntary Consensus Standard(s) 

VOC Volatile Organic Compound 

yr Year(s) 

Response to Comments (RTC) 

Document. On February 3, 2014 (79 FR 

6330), the EPA proposed revisions to 

the Standards of Performance for New 

Residential Wood Heaters based on the 

EPA’s review of these standards. On 

July 1, 2014 (79 FR 37259), the EPA 

published a Notice of Data Availability 

(NODA) that solicited comment on 

additional information regarding 

residential wood heater testing using 

cord wood and emissions by burn rate 

excerpted from EPA certification test 

reports. In this action, we are finalizing 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13673 

1Strategies for Reducing Residential Wood 

Smoke. EPA–456/B–13–001, March 2013. Prepared 

by Outreach and Information Division, Air Quality 

Planning Division, Office of Air Quality Planning 

and Standards, U.S. Environmental Protection 

Agency, Research Triangle Park, NC 27711. pp. 4– 

5. 

2Air Quality and Emissions Data; Supporting 

Information for the Residential Wood Heater New 

Source Performance Standard, August 14, 2013. 

revisions to the rule, as well as 

Standards of Performance for New 

Residential Hydronic Heaters and 

Forced-Air Furnaces. A document 

summarizing the public comments on 

the proposal and the NODA and the 

EPA responses to the significant 

comments is available in Docket ID 

Number EPA–HQ–OAR–2009–0734. A 

summary of responses to the major 

comments is in section V. 

Organization of this Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. General Information 

A. Executive Summary 

B. Does this action apply to me? 

C. Where can I get a copy of this 

document? 

D. Judicial Review 

II. Background Information for This Final 

Rule 

A. What is the NSPS program? 

B. Why is residential wood smoke a 

concern? 

III. Summary of the Final Rule 

A. General 

B. Room Heaters (Revised Subpart AAA) 

C. Central Heaters: Hydronic Heaters and 

Forced-Air Furnaces (Subpart QQQQ) 

IV. Summary of Significant Changes 

Following Proposal 

A. Best Systems of Emission Reduction/

Particulate Emission Limits 

B. Appliance Certification, Laboratory 

Accreditation and Third-Party 

Certification 

C. Cost and Economic Impacts 

D. Test Methods and Compliance 

Certification Calculation Procedures 

E. Sell-Through of Inventory 

F. Appeals and Administrative Hearing 

Procedures 

V. Summary of Responses to Major 

Comments 

A. BSER and Particulate Emission Limits 

for Room Heaters (Revised Subpart AAA) 

B. BSER and Particulate Emission Limits 

for Central Heaters (Subpart QQQQ) 

C. Appliance Certification 

D. Laboratory Accreditation, Third-Party 

Certification and Administrative 

Approval Process 

E. Costs and Economic Impacts 

F. Test Methods 

G. Health Effects and Benefits 

VI. Summary of Environmental, Cost, 

Economic, and Non-Air Health and 

Energy Impacts 

A. What are the air quality impacts? 

B. What are the benefits? 

C. What are the cost impacts? 

D. What are the economic impacts? 

E. What are the non-air quality health and 

energy impacts? 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act and 1 CFR Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Executive Summary 

The purpose of this action is to 

finalize amendments to the Standards of 

Performance for New Residential Wood 

Heaters (40 CFR part 60, subpart AAA) 

and to add one new subpart: Standards 

of Performance for New Residential 

Hydronic Heatersand Forced-Air 

Furnaces (40 CFR part 60, subpart 

QQQQ). This final action was developed 

following a CAA section 111(b)(1)(B) 

review of the 1988 promulgated subpart 

AAA (53 FR 5860, February 26, 1988), 

i.e., the 1988 New Source Performance 

Standards (NSPS). Section 111 requires 

the EPA to establish standards based on 

best systems of emission reduction 

(BSER). Section 111(b) requires 

emission standards for affected sources 

and section 111(h)(2)(B) allows the EPA 

to establish work practices and 

operational standards or combinations 

of standards in certain cases, such as 

when testing is impractical due to 

technological or economic limitations. 

The current body of evidence strongly 

supports revision of the 1988 NSPS to 

capture the technology improvements 

and enhanced performance of such 

units since 1988 and to expand the 

applicability of these standards to 

include additional wood-burning 

residential heating devices that are 

available today. Section 111 requires the 

EPA to consider costs and economic 

impacts. The potential impact on this 

industry that is comprised of over 90 

percent small businesses was a concern 

to the EPA, and we have minimized 

these potential impacts to the degree 

possible while still achieving significant 

emission reductions. For example, we 

have incorporated stepped (phased) 

emission limits and streamlined 

certification procedures to ease the 

transition. The health benefits 

associated with these regulations are 

substantially greater than the cost to 

manufacture cleaner, lower-emitting 

appliances. In fact, the public health 

benefits of this rule outweigh the costs 

by more than 100 times. 

As discussed in the preamble to the 

February 3, 2014, proposed rule, 

particulate pollution from wood heaters 

is a significant national air pollution 

problem and human health issue. 

Residential wood smoke contains fine 

particles with an aerodynamic diameter 

of 2.5 micrometers or less (PM2.5), 

carbon monoxide (CO), volatile organic 

compounds (VOC), toxic air pollutants 

(e.g., benzene and formaldehyde), and 

climate-forcing emissions (e.g., methane 

and black carbon). Residential wood 

smoke can contribute to unhealthy 

levels of PM2.5 in many neighborhoods 

nationwide, including in minority and 

low-income neighborhoods, and impact 

people in their homes. To the extent 

that children and other sensitive 

populations are particularly susceptible 

to asthma, and that minority 

populations and low-income 

populations are more vulnerable to the 

effects of air pollution, this rule will 

significantly reduce the pollutants that 

adversely affect their health. 

Populations that are at greater risk for 

experiencing health effects related to 

fine particle exposures include older 

adults, children and individuals with 

pre-existing heart or lung disease. Each 

year, smoke from wood heaters 

produces hundreds of thousands of tons 

of fine particles throughout the 

country—mostly during the winter 

months. Nationally, residential wood 

combustion accounts for 44 percent of 

total stationary and mobile polycyclic 

organic matter (POM) emissions, which 

account for nearly 25 percent of all area 

source air toxics cancer risks and 15 

percent of noncancer respiratory 

effects.1 Residential wood smoke causes 

many counties in the U.S. to either 

exceed the EPA’s health-based national 

ambient air quality standards (NAAQS) 

for fine particles or places them on the 

cusp of exceeding those standards.2 To 

the degree that older, higher emitting, 

less efficient wood heaters are replaced 

by newer heaters that meet the 

requirements of this rule, these 

requirements for cleaner new stoves will 

result in substantial reductions in 

emissions, and thus in exposure, 

producing reduced health impacts. A 

summary of the estimated health 

mstockstill on DSK4VPTVN1PROD with RULES2

13674 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

benefits is shown in Table 1 below. 

More details are in the final Regulatory 

Impact Analysis (RIA) in the docket for 

this rule. 

Consistent with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ we have estimated 

the cost and benefits of the final rule. 

The estimated annual net benefits at a 

3-percent discount rate are $3.4 billion 

to $7.6 billion, and $3.1 billion to $6.9 

billion at a 7-percent discount rate in 

2013 dollars. The net benefits estimate 

reflects 8,269 tons of PM2.5 emission 

reductions per year, and a total 

annualized cost of $45.7 million, 

producing an unusually large net benefit 

for this rule of more than 100 times the 

costs, and even greater net benefits 

coming from the new rule applied to 

single burn rate stoves. We estimate that 

this rule will result in 360 (Krewski, et. 

al., 2009) or 810 (Lepeule, et. al., 2012) 

avoided premature deaths per year. The 

non-monetized benefits include 46,000 

tons of CO reductions per year; 9,300 

tons of VOC reductions per year; 

reduced exposure to hazardous air 

pollutants (HAP), including 

formaldehyde, benzene, and polycyclic 

organic matter (POM); reduced climate 

effects due to reduced black carbon 

emissions and reduced greenhouse 

gases emissions; reduced ecosystem 

effects; and reduced visibility 

impairments. Table 1 is a summary of 

the results of the analysis per type of 

residential wood heater. We have 

provided estimates reflecting average 

annual impacts for the 2015 to 2020 

timeframe, which are the 

implementation years analyzed in the 

RIA for this final rule. 

TABLE 1—SUMMARY OF COMPLIANCE COSTS, MONETIZED BENEFITS, AND MONETIZED NET BENEFITS (2013 DOLLARS) BY

TYPE OF HEATER IN THE 2015–2020 TIME FRAME FOR THE FINAL RULE

Type of heater 

Total 

annualized 

costs 

($ millions) 

Monetized benefits 

($ millions) a b

Monetized net benefits 

($ millions) 

Wood stoves .............................................................................................. $3 .02 $14 to $31 $11 to $28 

Single burn rate stoves .............................................................................. 0 .87 280 to 630 280 to 630 

Pellet stoves .............................................................................................. 1 .52 2 to 5 0 to 3 

Forced-air furnaces .................................................................................... 15 .36 1,700 to 3,700 1,700 to 3,700 

Hydronic heating systems ......................................................................... 24 .88 1,400 to 3,200 1,400 to 3,200 

aAll estimates are for the time frame from 2015 to 2020 inclusive. These results include units anticipated to come online and the lowest cost 

disposal assumption. Total annualized costs shown in this table are estimated at a 7-percent interest rate to be consistent with guidance from the 

Office of Management and Budget (OMB). Total annualized costs are also estimated at a 3 percent interest rate for each source category to be 

consistent with OMB guidance, and these costs are about 13 percent less than the total annualized costs presented in this table. These costs 

are presented in the RIA and in the cost memoranda for this final rule. The monetized net benefits with total annualized costs at a 3 percent interest rate are minimally different than those calculated with total annualized costs at a 7 percent interest rate. bTotal monetized benefits are estimated at a 3-percent discount rate. The total monetized benefits reflect the human health benefits associated with reducing exposure to PM2.5 through reductions of directly emitted PM2.5. It is important to note that the monetized benefits include 

many but not all health effects associated with PM2.5 exposure. Benefits are shown as a range from Krewski et al. (2009) to Lepeule et al. 

(2012). These models assume that all fine particles, regardless of their chemical composition, are equally potent in causing premature mortality 

because the scientific evidence is not yet sufficient to allow differentiation of effect estimates by particle type. Because these estimates were 

generated using benefit-per-ton estimates, we do not break down the total monetized benefits into specific components. 

B. Does this action apply to me? 

Table 2 of this preamble lists 

categories and entities that will be 

regulated by this action. Table 2 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be affected by this final 

action. These standards, and any 

changes considered in this rulemaking, 

are directly applicable to sources as a 

federal program. Other federal, state, 

local and tribal government entities are 

not directly affected by this final action. 

States may decide to request partial 

delegation of enforcement of some parts 

of this rule, e.g., ensuring permanent 

labels are on new heaters in retail stores. 

TABLE 2—REGULATED ENTITIES

Category NAICSa code Examples of regulated entities 

Residential Wood Heating .............. 333414—Heating Equipment (except Warm Air Furnaces) Manufacturing.Manufacturers, owners and operators of wood heaters, pellet heaters/stoves and hydronic heaters. 

333415—Air-Conditioning and Warm Air Heating 

Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing.

Manufacturers, owners and operators of forced-air 

furnaces. 

Testing Laboratories ....................... 541380—Testing Laboratories (except Medical, Veterinary).Testers of wood heaters, pellet heaters/stoves and 

hydronic heaters. 

a North American Industry Classification System 

C. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this final 

rule, is posted at the following address: 

http://www2.epa.gov/residential-woodheaters. 

D. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act (CAA), judicial review of these 

final rules is available only by filing a 

petition for review in the United States 

Court of Appeals for the District of 

Columbia Circuit by May 15, 2015. 

Under section 307(b)(2) of the CAA, the 

requirements established by these final 

rules may not be challenged separately 

in any civil or criminal proceedings 

brought by the EPA to enforce these 

requirements. Section 307(d)(7)(B) of 

the CAA further provides that ‘‘[o]nly an 

objection to a rule or procedure which 

was raised with reasonable specificity 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13675 

3Strategies for Reducing Residential Wood 

Smoke. EPA–456/B–13–001, March 2013. Prepared 

by Outreach and Information Division, Air Quality 

Planning Division, Office of Air Quality Planning 

and Standards, U.S. Environmental Protection 

Agency, Research Triangle Park, NC 27711. pp. 4– 

5. 

4Air Quality and Emissions Data; Supporting 

Information for the Residential Wood Heater New 

Source Performance Standard, August 14, 2013. 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review.’’ This 

section also provides a mechanism for 

us to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. EPA, Room 3000, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, with a copy to 

both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), U.S. EPA, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

II. Background Information for This 

Final Rule 

A. What is the NSPS program? 

Under section 111 of the CAA, 

‘‘Standards of Performance for New 

Stationary Sources,’’ the EPA lists 

categories of sources that, in the EPA’s 

judgment, cause or contribute 

significantly to air pollution, which may 

reasonably be anticipated to endanger 

public health or welfare pursuant to 

section 111(b)(1)(A). Section 

111(b)(1)(B) requires the EPA to 

promulgate federal standards of 

performance for new sources within 

those categories. At the time the EPA 

establishes standards for a source 

category, the EPA prepares an analysis 

of the potential costs and benefits 

associated with the NSPS, which also 

includes the benefits from reductions in 

pollutants for which the standards do 

not set limits. For example, emission 

reductions associated with the 

requirements of this final rule will 

generate health benefits by reducing 

emissions of PM2.5, other criteria 

pollutants, such as CO, and non-criteria 

HAP. In addition, section 111(h) 

authorizes the EPA to promulgate 

design, equipment, work practice, 

operational, or combinations of 

standards to reflect the best systems of 

continuous emission reduction. The 

NSPS established under section 

111(b)(1)(B) do not establish standards 

of performance for existing sources. 

However, numerous states have acted 

independently of this rule to address 

new and existing sources as part of state 

implementation plan (SIP) measures 

necessary to ensure attainment and 

maintenance of the NAAQS. 

The level of control prescribed by 

section 111 of the CAA is BSER. In 

analyzing BSER, the EPA uses available 

information and considers the emissions 

reductions and incremental costs for 

different systems available at reasonable 

cost. The residential wood heaters 

source category is different from most 

NSPS source categories in that it is for 

mass-produced residential consumer 

products. Thus, important elements in 

determining BSER include the 

significant costs and environmental 

impacts of delaying production while 

models with those systems are designed, 

tested, field evaluated and certified. 

Section 111(b)(1)(B) of the CAA requires 

that the standards be effective upon the 

effective date of the NSPS. As noted 

earlier and discussed more fully later in 

this preamble, the stepped (phased) 

approach for residential wood stoves/

heaters, hydronic heaters and forced-air 

furnaces that the EPA is promulgating 

considers these factors. That is, for this 

rulemaking, the EPA has determined the 

appropriate emission limits and 

compliance deadlines that together are 

representative of BSER. 

Section 111(b)(1)(B) of the CAA 

requires the EPA to periodically (every 

8 years) review an NSPS unless it 

determines ‘‘that such review is not 

appropriate in light of readily available 

information on the efficacy of such 

standard.’’ In making revisions to an 

NSPS, the EPA will revise the standards 

of performance to reflect improvements 

in methods for reducing emissions, 

including consideration of what 

emissions limitation is achieved in 

practice. Numerous stakeholders have 

stated that the current body of evidence 

strongly justifies the revision of the 

current residential wood heaters NSPS 

to capture the improvements in 

performance of such units since 1988 

and to expand the applicability of this 

NSPS to include additional residential 

wood-burning heating devices that are 

available today. Some stakeholders have 

suggested that the EPA also develop 

additional NSPS to regulate residential 

heating devices that burn fuels other 

than or in addition to wood, e.g., coal, 

corn or grass. This final rule does not 

include any new federal requirements 

for heaters that solely burn fuels other 

than wood. However, the EPA may 

consider the need for such requirements 

during the next review. 

B. Why is residential wood smoke a 

concern? 

There is widespread recognition of 

the health impacts of particle pollution, 

to which wood smoke is a contributing 

factor in many areas. Wood smoke 

contains a mixture of fine particles and 

toxic air pollutants (e.g., benzene and 

formaldehyde) that can cause burning 

eyes, runny nose, and bronchitis. 

Exposure to fine particles has been 

associated with a range of health effects, 

including aggravation of heart or 

respiratory problems, changes in lung 

function and increased respiratory 

symptoms, as well as premature death. 

Populations that are at greater risk for 

experiencing health effects related to 

fine particle exposures include older 

adults, children and individuals with 

pre-existing heart or lung disease. Each 

year smoke from wood heaters 

contributes hundreds of thousands of 

tons of fine particles throughout the 

country—mostly during the winter 

months. Nationally, residential wood 

combustion accounts for 44 percent of 

total stationary and mobile polycyclic 

organic matter (POM) emissions, which 

accounts for nearly 25 percent of all area 

source air toxics cancer risks and 15 

percent of noncancer respiratory 

effects.3 Residential wood smoke causes 

many counties in the U.S. to either 

exceed the EPA’s health-based NAAQS 

for fine particles or places them on the 

cusp of exceeding those standards. For 

example, in places such as Keene, New 

Hampshire; Sacramento, California; 

Tacoma, Washington; and Fairbanks, 

Alaska; wood combustion can 

contribute over 50 percent of daily 

wintertime fine particle emissions.4 The 

concerns are heightened because wood 

stoves, hydronic heaters, and other 

heaters are often used around the clock 

in many residential areas. To the degree 

that older, dirtier, less efficient wood 

heaters are replaced by newer heaters 

that meet or exceed the requirements of 

this rule, the emissions would be 

reduced, and thus exposure as well, and 

fewer health impacts should occur. The 

health and air quality concerns 

associated with particle pollution and 

the effects of wood smoke are discussed 

in detail in the original listing of 

residential wood heaters under section 

111(b) in the February 18, 1987, Federal 

mstockstill on DSK4VPTVN1PROD with RULES2

13676 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

Register, the original subpart AAA 

proposal in the February 18, 1987, 

Federal Register, the original subpart 

AAA promulgation in the February 26, 

1988, Federal Register, the February 3, 

2014 proposal of revisions to subpart 

AAA and the addition of subpart QQQQ 

and numerous other documents in the 

docket. 

As discussed in the preamble to the 

February 3, 2014, proposed rule, and, in 

the Executive Summary (section I.A) of 

this preamble, particulate pollution 

from wood heaters is a significant 

national air pollution problem and 

human health issue. To the degree that 

older, higher emitting, less efficient 

wood heaters are replaced by newer 

heaters that meet the requirements of 

this rule, setting these requirements for 

cleaner new stoves will result in 

substantial reductions in exposure and 

reduced health impacts. 

III. Summary of the Final Rule 

A. General 

In response to the results of the 

review of the 1988 NSPS and in 

response to comments on the proposed 

rule and the NODA, the EPA is 

amending 40 CFR part 60, subpart AAA, 

Standards of Performance for New 

Residential Wood Heaters, and adding a 

new subpart QQQQ, Standards of 

Performance for New Hydronic Heaters 

and Forced-Air Furnaces. Subpart AAA 

applies to room heaters. This final rule 

broadens the applicability of wood 

heaters subject to the 1988 NSPS 

beyond adjustable burn rate wood 

heaters (the focus of the 1988 

regulation) to specifically include all 

single burn rate wood heaters/stoves/

appliances and pellet heaters/stoves/

appliances and all other residential 

wood heaters except those specifically 

exempt in the rule, e.g., hydronic 

heaters and forced air furnaces regulated 

by subpart QQQQ. (Some pellet heaters/ 

stoves/appliances were not affected by 

the 1988 regulation.) This preamble uses 

the following terms interchangeably for 

appliances subject to subpart AAA: 

wood heaters, stoves and heaters/stoves/ 

appliances. Subpart QQQQ applies to 

two specific types of wood heaters: 

hydronic heaters and forced-air furnaces 

plus any other wood-burning affected 

appliance that meets the definition of 

central heater. This preamble uses the 

terms forced-air furnaces and warm-air 

furnaces interchangeably for such 

heaters/furnaces/appliances affected by 

subpart QQQQ. Wood heaters, hydronic 

heaters and forced-air furnaces 

manufactured after the effective date of 

this final rule will be required to meet 

PM emission limits. 

This final rule does not include any 

federal emission limitations that would 

apply to heaters fueled solely by gas, oil 

or coal. In addition, this final rule does 

not include any new federal 

requirements associated with wood 

heaters or other wood-burning 

appliances that are already in use in 

people’s homes. The EPA continues to 

encourage state, local, tribal, 

manufacturer, retailer and consumer 

efforts to change out (replace) older 

heaters with newer, cleaner, more 

efficient heaters. Also, we continue to 

encourage state, local, and tribal 

authorities to develop site-specific 

installation and operating requirements 

and oversight to help ensure healthy air 

for all. 

For this final action, the effective date 

is May 15, 2015 to allow for 

Congressional Review under the 

Congressional Review Act (CRA). Under 

the CRA, 5 U.S.C. 801(a)(3), the effective 

dates of all ‘‘major’’ rules are delayed for 

60 calendar days after they are 

submitted to Congress or after they are 

published in the Federal Register, 

whichever date is later. This final action 

is a ‘‘major’’ rule within the meaning of 

the CRA. 

Section IV summarizes the changes to 

the proposed rule reflected in the final 

rule, and section V provides a summary 

of the major comments received and our 

responses. 

1. Certification Testing and Compliance 

As with the 1988 NSPS, because of 

concern regarding potential negative 

impacts on small businesses and 

potential certification delays, this 

revised subpart AAA for wood heaters/ 

stoves and new subpart QQQQ for 

hydronic heaters and forced-air furnaces 

require manufacturers to participate in a 

certification program that tests a 

representative heater per model line 

rather than testing every heater. If the 

representative heater meets the 

applicable emission limits contained in 

this rule, the entire model line may be 

certified. Individual heaters within the 

model line are still subject to all other 

requirements, including labeling and 

operational requirements. 

Manufacturers are required to have 

quality assurance programs to ensure 

that all heaters within the model line 

conform to the certified design and meet 

the applicable emission limits. The EPA 

will continue to have the authority to 

conduct audits to ensure compliance. 

Additional requirements apply to 

entities other than the manufacturer. 

Wholesalers and retailers are also 

subject to the limits on sales of noncertified affected heaters. Wood heater 

test laboratories and certifying entities 

are subject to quality assurance and 

reporting requirements. This final rule 

for subpart AAA and subpart QQQQ 

requires the proper burn practices that 

have applied to the owner or operator of 

a wood heating appliance regulated 

under subpart AAA since 1988. In 

addition, new pellet heater/stove 

owners and operators will be required to 

use only the grades of pellet fuels and 

wood chips that are included in the 

owner’s manual based on the heater/

stove certification tests. In this final 

rule, we are revising the original 1988 

enforcement and audit provisions to 

reflect changes in industry practices and 

development of new tools and 

procedures. We are also taking final 

action to improve the previous test 

methods as well as adding new test 

methods. More details are in sections 

IV.D and V. 

2. Stepped Compliance Approach 

The 1988 NSPS addressed some of the 

specific characteristics of this source 

category by developing a stepped 

compliance approach that provided 

manufacturers a two-phased 

implementation of emission limits. 

Considering that over 90 percent of the 

manufacturers and retailers are small 

businesses, we have included this 

approach in the revised subpart AAA 

and new subpart QQQQ in order to 

allow manufacturers lead time to 

develop, test, field evaluate and certify 

current technologies across their 

consumer product lines to meet Step 2 

emission limits and in most cases to 

allow retailers to sell-through inventory. 

Upon the effective date of this final rule, 

all new residential wood heaters subject 

to subparts AAA and QQQQ will be 

required to meet the NSPS standards. 

The standards are phased from 

immediate requirements on the effective 

date to Step 2 emission limits five years 

later. The specific emission limits and 

dates for subparts AAA and QQQQ are 

shown in Table 3 and Table 4, 

respectively. To further ease the 

transition on small businesses, the EPA 

will not require new testing of heaters 

that have current certificates of 

compliance under the 1988 NSPS that 

show they meet the Step 1 emission 

levels. Those certificates are 

automatically extended beyond their 

current expiration date until the 

compliance deadline for the Step 2 

emission limits. Also, this final rule 

automatically deems certified hydronic 

heaters that have been qualified at the 

Step 1 emission level (or better) under 

the EPA voluntary partnership program 

for hydronic heaters or forced-air 

furnaces that have been independently 

certified at the Step 1 emission level (or 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13677 

5Memo to USEPA from EC/R, Inc. Estimated 

Emissions from Wood Heaters. January 2015. 

better) or under Canadian Standards 

Association B415.1–10. 

3. NSPS Labels 

The final rule requires that each room 

heater under subpart AAA and central 

heater under subpart QQQQ be 

equipped with a permanent label 

meeting the applicable requirements in 

§ 60.536 and § 60.5478, respectively. 

The permanent label must include 

identifying information for the unit and 

its compliance certification status. The 

permanent label must be installed so 

that it is readily visible both before and 

after the unit is installed. This 

requirement is needed to assist state, 

local and tribal officials in determining 

if a unit complies with state, local and 

tribal rules and in determining 

eligibility for any future change out 

(replacement) programs. Note that 

‘‘readily visible’’ does not mean under 

the body of freestanding stove but it 

does allow an easily removable 

decorative fac ̧ade to cover the label. 

In the 1988 NSPS, temporary labels 

(e.g., hangtags) were required for wood 

heaters that are subject to the standards, 

as well as ones that are not (e.g., coal 

heaters/stoves). These temporary labels 

were intended to assist consumers in 

comparing different appliance models 

and to inform the consumer about the 

importance of proper operation and 

maintenance. We proposed to remove 

the requirement for temporary labels, 

and we requested comment. After 

reviewing the comments received, the 

EPA now concludes that these 

temporary labels are most valuable if 

they assist purchasers in identifying the 

cleanest and most efficient heaters. 

Therefore, in this final rule the EPA is 

allowing (voluntary) a temporary NSPS 

label (hangtag) for each adjustable burn 

rate heater, single-burn rate heater, 

pellet heater/stove, hydronic heater and 

forced-air furnace sold at retail that 

meets the Step 2 emission limits before 

the Step 2 compliance date. This 

temporary label option will end upon 

the Step 2 compliance date. 

In addition, we are providing an 

alternative compliance option for 

manufacturers who choose to 

demonstrate compliance with Step 2 

emission limits using cord wood testing 

rather than the standardized crib wood 

testing, currently used for the primary 

compliance option for appliances 

regulated under subpart AAA and for 

hydronic heaters under subpart QQQQ. 

As discussed in the preamble to the 

February 3, 2014, proposed rule, crib 

wood is a specified configuration and 

quality of dimensional lumber and 

spacers that improves the repeatability 

of the test method. Cord wood is a 

different specified configuration and 

quality of wood that more closely 

resembles what a typical homeowner 

would use. Cord wood testing is a better 

measure of how the heaters will perform 

on the type of fuel commonly used in 

homes. 

Each of these models would be 

equipped with both a permanent label 

and the voluntary option of a special 

temporary label (hangtag) informing 

consumers that these wood heaters were 

tested and certified when burning cord 

wood. The specific emission limits are 

discussed in sections III.B and III.C. 

4. New Residential Masonry Heaters 

(Proposed Subpart RRRR) 

The EPA is not taking final action at 

this time on proposed subpart RRRR for 

new residential masonry heaters. Our 

reason for taking no action at this time 

is to allow additional time for the 

Masonry Heater Association (MHA) to 

finish their efforts to develop revised 

test methods, an emissions calculation 

program and an alternative 

dimensioning standard. The MHA 

believes these efforts are critical because 

most masonry heaters are custom built 

on-site and testing each custom model 

would be difficult. The nationwide 

emission impacts of delaying regulating 

subpart RRRR are small relative to the 

impacts of regulating subparts AAA and 

QQQQ. Fewer than approximately 1,000 

masonry heaters are manufactured each 

year and a total of less than 10 tons per 

year of PM2.5 are currently emitted. In 

comparison, new wood burning 

appliances covered by subparts AAA 

and QQQQ are estimated to number 

more than 200,000 (2015) and currently 

emit more than 11,000 tons per year of 

PM2.5.5

B. Room Heaters (Revised Subpart AAA) 

1. Applicability 

After the effective date, new heaters 

will be required to meet the updated 

standards. The new standards apply not 

only to adjustable burn rate wood 

heaters (the focus of the original 

regulation), but also to single burn rate 

wood heaters/stoves, pellet heaters/

stoves, and any other affected appliance 

as defined in revised subpart AAA as a 

‘‘room heater.’’ Subpart AAA, as 

amended, does not apply to new 

residential hydronic heaters or new 

residential forced-air furnaces because 

they are subject to their own subpart. 

The revised subpart AAA does not 

apply to fireplaces as defined in Subpart 

AAA. This final rule tightens the 

definition for ‘‘cook stoves’’ and adds 

definitions for ‘‘camp stoves’’ and 

‘‘traditional Native American bake 

ovens’’ to clarify that they are not 

subject to the standard other than 

appropriate labeling for cook stoves and 

camp stoves and no requirements for 

traditional Native American bake ovens. 

Finally, the revised subpart AAA 

clarifies that the emission limits apply 

only to wood-burning devices (i.e., not 

to devices that only burn fuels other 

than wood, e.g., gas, oil or coal). 

2. Automatic EPA Certification for 

Currently Certified Heaters/Stoves That 

Meet the Step 1 Emission Levels 

In this final rule we make clear that 

those heaters/stoves with EPA 

certifications under the 1988 NSPS that 

show compliance with the Step 1 

emission levels will be automatically 

deemed as certified to meet the Step 1 

emission limits under this final rule 

until the Step 2 compliance date. No 

separate certification will be required. 

Over 85 percent of heaters/stoves being 

sold today already meet the Step 1 

emission limit. This automatic 

certification will avoid unnecessary 

economic impacts on those 

manufacturers (over 90 percent are 

small businesses) who can then focus 

their efforts on developing a full range 

of cleaner models that meet Step 2 

emission levels. This measure should 

also help avoid potential delays at 

laboratories conducting certification 

testing for heaters newly subject to the 

NSPS. 

3. Two-Step Compliance Approach 

We are promulgating a two-step 

compliance approach that will apply to 

all new adjustable burn rate wood 

heaters, single burn rate wood heaters 

and pellet heaters/stoves. Under this 

approach, Step 1 emission limits for 

these sources will apply to each source 

manufactured on or after the effective 

date of the final rule or sold at retail on 

or after December 31, 2015. The 

approximately 8-month additional time 

for the retail sale requirement will allow 

retailers to sell their inventories of 

heaters that do not comply with the 

Step 1 emission limits. Step 2 emission 

limits for these sources will apply to 

each heater manufactured or sold at 

retail on or after the date 5 years after 

the effective date of the final rule. We 

are not including the alternative threestep emission limit compliance 

approach for which we also requested 

comment in the proposal. The 

comments overwhelmingly indicated 

that the three-step emission limit 

approach was inferior not only 

environmentally but also economically 

because it would, in effect, require 

mstockstill on DSK4VPTVN1PROD with RULES2

13678 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

many small manufacturers to engage in 

two rounds of research and 

development (R&D) rather than one in 

order to obtain the same eventual 

endpoint. 

Table 3 summarizes the PM emissions 

limits that apply to each wood heater 

under this two-step approach. Note that 

the emissions standards are ‘‘as 

measured’’ by the test methods specified 

in the rule and are labeled as PM 

although the PM is essentially all PM2.5. 

This avoids the potential extra testing 

costs of measuring PM2.5 specifically. 

TABLE 3—SUBPART AAA PM 

EMISSIONS LIMITS

Phases/steps PM emissions 

limit 

Step 1: Upon the effective 

date of final rule.

4.5 g/hr. 

Step 2: 5 years after the effective date of the final rule.2.0 g/hr. 

Step 2: Cord wood alternative compliance option.2.5 g/hr. 

We are allowing an alternative 

compliance option for manufacturers 

who choose to certify using cord wood 

(rather than crib wood) to meet the Step 

2 limits. (As discussed earlier in this 

preamble, crib wood is a specified 

configuration and quality of 

dimensional lumber and spacers that 

improves the repeatability of the test 

method. Cord wood is a different 

specified configuration and quality of 

wood that more closely resembles what 

a typical homeowner would use.) 

Special permanent and temporary labels 

for room heaters certified with cord 

wood would specify that they meet a 

PM emissions limit of 2.5 g/hr. The 

bases for the crib wood primary 

emission limit of 2.0 g/hr and the cord 

wood alternative compliance option 

emission level of 2.5 g/hr for wood 

stoves, as well as the limited 

environmental impact of the differences 

in these levels, are discussed in section 

V.A BSER and Particulate Emission 

Limits for Room Heaters (revised 

subpart AAA). 

The proposal would have required 

cord wood testing for all Step 2 

compliance certifications. Cord wood 

testing is a better measure of how stoves 

actually perform in home use; however, 

we are concerned that many 

manufacturers (over 90 percent are 

small businesses) do not yet have 

experience with designing their stoves 

to perform well with cord wood testing. 

Some manufacturers may not be ready 

for cord wood testing by the Step 2 

compliance date and that would result 

in unreasonable economic impacts. 

Allowing the cord wood alternative 

compliance option acknowledges the 

efforts of the industry leaders and 

encourages others to follow their 

example. 

The revised subpart AAA does not 

include a compliance extension for 

small volume manufacturers. An 

extension for manufacture of adjustable 

burn rate heaters is not necessary 

because over 85 percent of these 

appliances already comply with Step 1 

emission levels. 

We are making a single determination 

of BSER for catalytic, noncatalytic and 

hybrid heater systems so as not to 

restrict open market competition. As in 

the 1988 NSPS, we are requiring 

manufacturers to provide warranties on 

the catalysts, prohibit the operation of 

catalytic heaters/stoves without a 

catalyst and require operation according 

to the owner’s manual. In addition, we 

are requiring manufacturers to provide 

warranties for noncatalytic and hybrid 

heaters/stoves and require operation 

according to the owner’s manual. 

As discussed at proposal, we 

considered requiring efficiency 

standards (heat output divided by fuel 

input) to ensure that stoves are efficient 

and burn no more wood than necessary 

for the heat demand so that the 

consumers can save money on fuel and 

so that the emissions are lower. We did 

not propose an efficiency standard 

because we did not have sufficient data, 

but the final rule uses our authority 

under section 114 to require the 

manufacturer to submit third-party 

efficiency test data, submit the test data 

report to the EPA and post the results 

on the manufacturer’s Web site. Also, 

we will include this submitted 

information on the EPA Web site. This 

will help consumers to make informed 

choices to reduce fuel costs and 

emissions now and provide data for us 

to consider for future rulemaking. 

4. Emission Testing, Reporting and 

Certification 

We are requiring emission testing, 

reporting and certification based on crib 

wood to demonstrate compliance with 

Step 1 and Step 2 emissions limits. As 

discussed in the preamble to the 

February 3, 2014, proposed rule, ‘‘crib 

wood’’ is a specified configuration and 

quality of dimensional lumber and 

spacers that improves the repeatability 

of the test method. In this final rule, we 

are also establishing an alternative 

compliance option that allows 

manufacturers to use cord wood for the 

certification tests. ‘‘Cord wood’’ is a 

different specified configuration and 

quality of wood that more closely 

resembles what a typical homeowner 

would use. 

Commenters overwhelmingly agreed 

that tuning heaters for crib wood 

certification tests often results in poorer 

performance in homes. Based on the 

existence of a viable draft cord wood 

test method and the expectation at 

proposal that the ASTM International 

(formerly known as American Society of 

Testing and Materials) test methods for 

cord wood would be complete soon 

after the NSPS proposal and that 

significant testing of wood heaters retuned to perform well on cord wood 

would occur before promulgation of this 

final rule, the EPA proposed to require 

testing only with cord wood for 

compliance with Step 2 emissions 

limits. We still encourage manufacturers 

to design wood heaters that best 

represent in-home performance on cord 

wood that consumers use as soon as 

possible. However, the ASTM cord 

wood test methods have not been 

completed and only limited testing 

using the draft methods has occurred. 

We received numerous comments 

from noncatalytic stove manufacturers 

and laboratories and some states with 

concerns about when the cord wood test 

methods would be ready and how 

quickly noncatalytic stoves could be 

redesigned to perform well with cord 

wood certification testing that we 

proposed for Step 2, i.e., 5 years after 

the effective date. As discussed in the 

NODA, as of May 2014, we had test data 

for three catalytic or hybrid wood 

heaters/stoves that performed very well 

on cord wood. However, considering all 

of the above, we have determined that 

we do not have sufficient data at this 

time to support a regulatory requirement 

for cord wood testing. 

We expect that many manufacturers 

will choose the alternative cord wood 

compliance testing option so that 

consumers will have more opportunities 

to purchase stoves that are tuned for inhome use. We will consider alternative 

cord wood test method requests on a 

case-by-case basis until we are 

convinced that improved test methods 

have been sufficiently demonstrated 

that they can be relied upon for 

regulatory purposes. For now, we will 

be receptive to alternative test method 

requests that use the current ASTM 

draft method. Also, we will be receptive 

to other requests that are sufficiently 

demonstrated, ideally using the EPA 

Method 301 validation procedures. 

Additionally, we expect that within the 

next few years we will receive enough 

cord wood test data for the EPA to 

establish revised certification 

requirements based on cord wood 

testing. 

The final rule requires that pellets for 

the certification tests be only those that 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13679 

6The International Organization for 

Standardization (ISO) and the International 

Electrotechnical Commission (IEC) prepare and 

publish international standards. 

7Strategies for Reducing Residential Wood 

Smoke. EPA–456/B–13–001, March 2013. Prepared 

by Outreach and Information Division, Air Quality 

Planning Division, Office of Air Quality Planning 

and Standards, U.S. Environmental Protection 

Agency, Research Triangle Park, NC 27711. 

have been graded under a licensing 

agreement with a third-party 

organization and meet the minimum 

quality specifications in § 60.532. 

Commenters indicated that several 

organizations are currently available 

and others are planned, for example, the 

Pellet Fuels Institute (PFI), ENplus and 

CANplus. Details of the PFI program are 

available at http://pelletheat.org/pfistandards/pfi-standards-program/. 

Details of the ENplus program are at 

http://www.enplus-pellets.eu/wpcontent/uploads/2012/01/ENplusHandbook-2.0.pdf. Details of the 

CANplus program are at http://control

union.ca/fileupload/CA/Certifications/

ENplusCANplus/CANplus_handbook_

v2-0.pdf. Manufacturers’ data show that 

pellet fuel quality assurance is 

necessary to ensure that the appliances 

operate properly and meet the certified 

emission limits. 

At this time, we lack sufficient data to 

issue a CO emissions limit in today’s 

final rule. However, this final rule uses 

our authority under section 114 to 

require manufacturers to determine CO 

emissions during the compliance tests 

(as is typically done already), report 

those results to the EPA and include 

those results on the manufacturer’s Web 

site, so that data will be available to 

consumers, and to the EPA and states 

for CO NAAQS compliance 

implementation plan considerations and 

future wood heater rulemakings. We 

intend to include context and 

consumer-friendly summaries of the 

submitted CO emissions data on the 

EPA Burn Wise Web site also. 

Like the 1988 subpart AAA, this final 

rule uses the EPA authority under 

section 114 of the CAA to require each 

manufacturer to submit applications for 

certifications of compliance for all new 

models. We are revising the certification 

process to include third-party certifiers 

in order to reduce the potential for 

certification delays that could result 

from insufficient capacity. However, 

commenters expressed concern, which 

we share, that there may not be 

sufficient third-party certifier capacity 

and review and approval capacity by the 

EPA, especially in the first year. 

Therefore, to avoid unfairly restricting 

the production and sales of 

manufacturers who do all the things 

they should do and then potentially 

have to wait on EPA approval, we have 

added a conditional, temporary 

approval by the EPA based on the 

manufacturer’s submittal of a complete 

certification application. The 

application must include the full test 

report by an EPA-accredited laboratory 

and all required compliance statements 

by the manufacturer. The conditional 

approval would allow manufacture and 

sales for 1 year or until EPA review of 

the application, whichever is earlier. 

Within that year, the manufacturer must 

submit a certificate of conformity by a 

third-party certifier. (In this preamble, 

we use the terms ‘‘third-party certifier,’’ 

‘‘certifying body,’’ ‘‘certifying entity’’ 

and ‘‘certifying body/entity’’ 

interchangeably.) 

The EPA is revising the definition of 

‘‘Accredited Test Laboratory,’’ from only 

EPA-accredited laboratories to include 

laboratories accredited by a nationally 

recognized accrediting body/entity to 

perform testing for each of the test 

methods specified in this NSPS under 

ISO–IEC6 Standard 17025. Laboratories 

must be approved by the EPA before 

beginning certification testing. Current 

EPA-accredited laboratories may retain 

their accreditation until 3 years after the 

effective date of this final rule. 

Laboratories that are not currently EPAaccredited must achieve ISOaccreditation and register with the EPA 

within 6 months of the effective date of 

this rule. Laboratories must report any 

changes in their accreditation and any 

deficiencies found under ISO 17025 to 

the EPA, and the EPA may revoke 

approval if warranted. 

The EPA is requiring a ‘‘CertifyingBody-Based Certification Process’’ 

beginning 6 months after the effective 

date of this final rule for all heaters/

stoves except hydronic heaters. For 

hydronic heaters, the ‘‘Certifying-BodyBased Certification Process’’ is required 

upon the effective date of this final rule 

because this certification process has 

already been required under EPA’s 

Hydronic Heater Partnership Program 

since October 2008. Under this process 

for all heaters/stoves subject to subparts 

AAA and QQQQ, after testing is 

complete, a certification of conformity 

with the PM emissions limits must be 

issued by a certifying body with whom 

the manufacturer has entered into 

contract for certification services. The 

certifying body must be accredited 

under ISO–IEC Standard 17065 and 

register their credentials with the EPA 

and receive EPA approval prior to 

conducting any certifications or related 

work used as a basis for compliance 

with this rule and report any changes in 

their accreditation and any deficiencies 

found under ISO 17065. Any certifying 

body that is approved by the EPA and 

is ISO-accredited is required to act in 

such a way that will not create a conflict 

of interest and work with integrity and 

honesty. The EPA will oversee the 

certifying body’s work and retain the 

right to revoke the EPA approvals if 

appropriate. Upon review of the test 

report and quality control plan 

submitted by the manufacturer, the 

certifying body may certify initial 

compliance and submit the required 

documentation on behalf of the 

manufacturer to the EPA’s Office of 

Enforcement and Compliance Assurance 

for review, approval and listing of the 

certified appliance. 

The rule continues to require the 

owner or operator of a wood heating 

appliance to operate the heater 

consistent with the owner’s manual and 

not burn improper fuel. Owners and 

operators must operate pellet fuel 

appliances with the grades of pellet 

fuels that are included in the owner’s 

manual. Manufacturers are required to 

void their warranties in cases of 

improper operation. Numerous states 

expressed their support for the 

continuation of these requirements. 

Some states and local jurisdictions have 

enforced similar requirements, and this 

final rule will allow the EPA to approve 

state requests for delegation of 

enforcement authority for these NSPS 

requirements. In addition, we expect 

many state, local and tribal authorities 

will adopt some of the important and 

very successful strategies in Strategies 

for Reducing Wood Smoke,7 including 

changing out (replacing) older heaters 

with newer, cleaner, more efficient 

heaters and developing site-specific 

installation and operating requirements 

to ensure heaters are not over-sized, 

avoid nuisance conditions, and ensure 

proper operation, e.g., using EPA 

Method 22 observations of visible 

emissions as an indicator of potential 

poor or improper operation to help 

ensure healthy air for all. 

The rule continues to contain the 

crucial quality assurance provisions in 

the 1988 NSPS. For example, 

manufacturers must request EPA 

approval of model line re-certifications 

or new certifications whenever any 

change is made in the original design 

that could potentially affect the 

emissions rate for that model line or 

when any of several specified tolerances 

of key components are changed. The 

1988 requirements for manufacturer 

quality assurance programs are 

strengthened in the revised rule by 

requiring the manufacturer within 6 

months after the effective date to 

mstockstill on DSK4VPTVN1PROD with RULES2

13680 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

contract for a certifying-body to conduct 

quality assurance audits within 12 

months. The certifying body will 

conduct regular, unannounced audits to 

ensure that the manufacturer’s quality 

control plan is implemented properly. 

The EPA audit testing programs of the 

1988 NSPS are retained under the 

revised rule, although they are 

streamlined and simplified to better 

ensure compliance and to clarify that 

audits can be based on any information 

the EPA has available and that audits do 

not need to be statistically random. 

Also, the rule clarifies that the EPA and 

states are allowed to be present during 

the audits and that states (and other 

entities, including the public) may 

provide the EPA with information that 

may ultimately be used in any EPA 

enforcement and compliance assurance 

efforts. 

C. Central Heaters: Hydronic Heaters 

and Forced-Air Furnaces (Subpart 

QQQQ) 

1. Applicability 

After the effective date, new heaters 

will be required to meet the new 

standards. In this final rule, the EPA is 

adding 40 CFR part 60, subpart QQQQ, 

which applies to all new wood-fired 

residential hydronic heaters, wood-fired 

forced-air furnaces and any other woodfired affected appliance defined in 

subpart QQQQ as a ‘‘central heater.’’ 

Wood-fired means designed or marketed 

to be capable of burning wood or used 

to burn wood. For example, a coal-fired 

heater cannot be marketed as capable of 

wood-burning unless it meet the 

requirements of this rulemaking and the 

marketing brochures and owner’s 

manuals must be clearly specific to coal 

rather than wood. Hydronic heater 

means a fuel-burning device designed to 

burn wood or wood pellet fuel for the 

purpose of heating building space and/ 

or water through the distribution, 

typically through pipes, of a fluid 

heated in the device, typically water or 

a water and antifreeze mixture. Forcedair furnace means a fuel burning device 

designed to burn wood or wood pellet 

fuel that warms spaces other than the 

space where the furnace is located, by 

the distribution of air heated by the 

furnace through ducts. 

This new ‘‘central heater’’ 

categorization better ensures that all 

appliances affected under this new 

subpart are included in this final action. 

Adding subpart QQQQ addresses heater 

appliance types in the 1987 residential 

wood heater source category listing that 

were not regulated by the 1988 NSPS. 

This new subpart is designed similar to 

subpart AAA, i.e., certification testing of 

a representative unit in a model line, 

label requirements, associated quality 

assurance requirements and stepped 

(phased) implementation. 

The provisions of subpart QQQQ 

apply to each affected unit that is 

manufactured or sold at retail on or after 

May 15, 2015. 

2. Automatic EPA Certification for 

Currently Certified or Qualified Central 

Heaters That Meet the Step 1 Emission 

Levels 

In this final rule we make clear that 

those hydronic heaters with valid EPA 

Phase 2 qualifications under the 

voluntary EPA Hydronic Heater 

Partnership Agreement of October 12, 

2011, or hydronic heaters certified by 

the New York State Department of 

Environmental Conservation (NYSDEC) 

that show compliance with the Step 1 

emission limits will be automatically 

deemed EPA certified to meet the Step 

1 emission limits under this final rule 

until the Step 2 compliance date. Also, 

residential pellet hydronic heaters/

boilers that have been qualified under 

the Renewable Heat New York (RHNY) 

program will be automatically deemed 

EPA certified to meet Step 1. (Note that 

the RHNY program requires pellet 

heating systems to include installation 

of thermal storage to maintain highefficiency and low emissions 

performance throughout daily and 

annual cycles. The minimum size 

thermal storage for boilers less than 

85,000 BTU/hr is 119 gallons or 2.0 

gallons per 1,000 BTU/hr, whichever is 

less. For boilers greater than 85,000 

BTU/hr, the minimum heat storage is 

2.0 gallons per 1,000 BTU/hr.) No 

separate EPA certification will be 

required. Similarly, forced-air furnaces 

independently certified (i.e., not selftested) under Canadian Standards 

Association (CSA) B415.1–10 as well as 

forced-air furnaces certified by the 

NYSDEC that show compliance with the 

Step 1 emission limits will be deemed 

EPA certified to meet the Step 1 

emission limits under this final rule 

until the Step 2 compliance date. This 

automatic EPA certification will avoid 

unnecessary economic impacts on those 

manufacturers (over 90 percent are 

small businesses) who can then focus 

their efforts on developing a full range 

of cleaner models that meet Step 2 

emission levels. This measure should 

also help avoid potential delays at 

laboratories conducting certification 

testing for heaters newly subject to the 

NSPS. 

3. Stepped Compliance Approach 

We are promulgating a stepped 

compliance approach that will apply to 

all new central heaters. 

For hydronic heaters, standards will 

apply to each hydronic heater 

manufactured after May 15, 2015 and 

each hydronic heater sold after 

December 31, 2015. Step 1 p.m. 

emission limits will apply to each 

hydronic heaters manufactured on or 

after May 15, 2015 or sold at retail after 

December 31, 2015. Step 2 p.m. 

emission limits will apply to each 

hydronic heater manufactured or sold at 

retail on or after May 15, 2020. 

For hydronic heaters, we are not 

promulgating the alternative three-step 

emission limit approach for which we 

requested comment in the proposal. The 

comments overwhelmingly indicated 

that the three-step emission limit 

approach was inferior not only 

environmentally but also economically 

because it would, in effect, require 

many small manufacturers to engage in 

two rounds of R&D rather than one in 

order to obtain the same eventual 

endpoint. 

For forced-air furnaces, standards will 

apply to each forced-air furnace 

manufactured or sold after May 15, 

2015. Work practice and operational 

standards will apply to each forced-air 

furnace manufactured or sold at retail 

after May 15, 2015. Step 1 PM emission 

limits will apply to small (less than 

65,000 BTU/hr heat output) forced-air 

furnaces manufactured or sold on or 

after May 16, 2016. Step 1 PM emission 

limits will apply to large (65,000 BTU/ 

hr heat output or larger) forced-air 

furnaces manufactured or sold on or 

after May 15, 2017. Step 2 PM emission 

limits will apply to each forced-air 

furnace manufactured or sold at retail 

on or after May 15, 2020. 

For forced-air furnaces, we are not 

promulgating the alternative three-step 

emission limit approach for which we 

requested comment in the proposal. The 

comments overwhelmingly indicated 

that the three-step emission limit 

approach was inferior not only 

environmentally but also economically 

because it would, in effect, require 

many small manufacturers to engage in 

two rounds of R&D rather than one in 

order to obtain the same eventual 

endpoint. However, commenters were 

very concerned about the infeasibility of 

enforcing an emission limits for forcedair furnaces due to the technical and 

economic impracticability of testing and 

certifying approximately 50 forced-air 

furnaces in the 60 days between 

publication of this rule and the effective 

date. For example, a typical forced-air 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13681 

furnace certification test takes 

approximately 1 week in the laboratory 

after the furnace is shipped to the 

laboratory and a time is scheduled to 

begin testing. Typically, the laboratory 

takes approximately 3 or 4 weeks to 

prepare a complete test report for the 

manufacturer to submit to the EPA. A 

reasonable overall estimate is 

approximately 1.25 months, not 

counting potential conflicts with other 

testing in the laboratories. Currently, 

there are only 4 laboratories that can test 

forced-air furnaces. We estimate that 

approximately 12 small forced-air 

furnaces and 38 large forced-air furnaces 

would need to be tested as soon as 

possible. If those tests were to be 

divided equally among the 4 

laboratories, it would take a minimum 

of approximately 4 months to submit 

the 12 certification test reports for the 

small furnaces and an additional year to 

submit the 38 certification test reports 

for the large furnaces to the EPA, far 

longer than the 60 days between the 

publication date and the effective date. 

Thus, as noted above, we are requiring 

work practice and operational standards 

on the effective date as allowed under 

section 111(h)(2)(B) of the CAA, and 

requiring Step 1 PM emission limits for 

small forced-air furnaces 1 year after the 

effective date and Step 1 PM emission 

limits for large forced-air furnaces 2 

years after the effective date. 

Specifically, the manufacturers must 

develop model-specific descriptions of 

proper operation and best practices; 

include them in their owner’s manuals; 

provide training on them to their 

distributors; and provide them in 

written and video format to purchasers/ 

operators/users of their heaters. The 

specific details that must be included in 

owner’s manuals are in § 60.5474 and 

Appendix I of this rulemaking. 

The following are excerpts of the 

operational standards required in this 

rule that must be included in the 

owner’s manuals. Operators must not 

burn unseasoned wood. 

The use of properly split, stored and 

seasoned wood has much lower PM 

emission than high-moisture wood, i.e., 

green wood or wet wood. Operators 

must not burn improper fuels such as 

(1) residential or commercial garbage; 

(2) lawn clippings or yard waste; (3) 

materials containing rubber, including 

tires; (4) materials containing plastic; (5) 

waste petroleum products, paints or 

paint thinners, or asphalt products; (6) 

materials containing asbestos; (7) 

construction or demolition debris; and 

(8) paper products; cardboard, plywood 

or particleboard (Note that best practices 

do allow the use of fire starters made 

from paper, cardboard, saw dust, wax 

and similar substances for the purpose 

of starting a fire in an affected heater); 

(9) railroad ties or pressure treated 

lumber; (10) manure or animal remains; 

(11) salt water driftwood or other or 

other previously salt water saturated 

materials; (12) unseasoned wood; and 

(13) any materials that are not included 

in the warranty and owner’s manual for 

the subject heater or furnace. 

The owner’s manual and training 

materials must also educate operators 

on the use of proper operating practices, 

including correct positioning of 

bypasses and air dampers during 

startup, normal operation and reloading. 

Proper practices also include checking 

air tubes, catalysts (if so equipped), heat 

exchangers and other critical parts of 

the heater to ensure they are working 

properly and are maintained as needed. 

Best burn operational practices are 

already highlighted in many 

manufacturers’ owner’s manuals, 

educational materials from HPBA and 

Burn Tips on EPA’s Burn Wise Web site. 

Numerous comments noted that best 

work practices and proper operation 

and maintenance can significantly 

reduce emissions at reasonable costs. 

Thus, considering all of the above, the 

EPA has determined that these work 

practice and operational standards 

represent the best systems of emission 

reduction as required by section 

111(h)(1) for the immediate time frame 

from the effective date until the Step 1 

PM emissions limits apply. More 

discussion of comments on stepped 

compliance and the EPA’s responses are 

in section V. Summary of Major 

Comments and Responses. 

Table 4 summarizes the PM emissions 

limits for hydronic heaters and forcedair furnaces that will apply at each step. 

Note that the emissions standards are 

‘‘as measured’’ by the test methods 

specified in the rule and are labeled as 

PM although the PM is essentially all 

PM2.5. This avoids the potential extra 

testing costs of measuring PM2.5

specifically. 

TABLE 4—SUBPART QQQQ PM EMISSIONS LIMITS

Appliance Steps Particulate matter emissions limits 

Residential Hydronic Heater ........... Step 1: on or after May 15, 2015 .............................. 0.32 lb/mmBtu heat output (weighted average) and 

a cap of 18 g/hr for each individual test run. 

Step 2: on or after May 15, 2020 .............................. 0.10 lb/mmBtu heat output for each individual burn 

rate. 

Step 2: cord wood alternative compliance option ..... 0.15 lb/mmBtu heat output for each individual burn 

rate. 

Forced-Air Furnace ......................... Work practice and operational standards: on or after 

May 15, 2015.

No specific PM limit. 

Step 1 for small furnaces: on or after May 16, 2016 0.93 lb/mmBtu heat output (weighted average). 

Step 1 for large furnaces: on or after May 15, 2017 0.93 lb/mmBtu heat output (weighted average). 

Step 2 for small or large furnaces: on or after May 

15, 2020 (using cord wood as specified in CSA 

B415.1–10).

0.15 lb/mmBtu heat output for each individual burn 

rate. 

We are allowing an alternative 

compliance option for manufacturers 

who choose to certify using cord wood 

(rather than crib wood) to meet the Step 

2 limits for hydronic heaters. The 

proposal would have required cord 

wood testing for all Step 2 compliance 

certifications. Cord wood testing is a 

better measure of how stoves actually 

perform in home use; however, we are 

concerned that many manufacturers 

(over 90 percent are small businesses) 

do not yet have experience with 

designing their stoves to perform well 

with cord wood testing. Numerous 

hydronic heater manufacturers may not 

be ready by the Step 2 compliance date 

and that could result in unreasonable 

economic impacts. Allowing this option 

acknowledges the efforts of the industry 

leaders and encourages others to follow 

their example. Special (required) 

permanent and (voluntary) temporary 

labels for heaters certified with cord 

wood would specify that they meet a 

PM emissions limit of 0.15 lb/mmBtu 

heat output. The Step 2 PM emission 

mstockstill on DSK4VPTVN1PROD with RULES2

13682 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

limit for forced-air furnaces matches the 

hydronic heater alternate cord wood 

option emission level of 0.15 lb/mmBtu 

because CSA B415.1–10 already 

specifies cord wood for the certification 

tests. The bases for the emission levels 

are discussed in section V.B BSER and 

Particulate Emission Limits for Central 

Heaters (subpart QQQQ). 

We are making a single determination 

of BSER for catalytic, noncatalytic, 

hybrid, cord wood and pellet heaters 

and furnaces in order to not restrict 

open market competition. We are 

requiring manufacturers to provide 

warranties on the catalysts, prohibit the 

operation of catalytic heaters and 

furnaces without a catalyst and require 

operation according to the owner’s 

manual. In addition, we are requiring 

manufacturers to provide warranties for 

noncatalytic and hybrid heaters and 

furnaces and require operation 

according to the owner’s manual. 

As discussed at proposal, we 

considered requiring efficiency 

standards (heat output divided by fuel 

input) to ensure that heaters are efficient 

and burn no more wood than necessary 

for the heat demand so that the 

consumers can save money on fuel and 

so that the emissions are lower. We did 

not propose an efficiency standard 

because we concluded we do not yet 

have sufficient data, but the final rule 

uses our section 114 authority to require 

efficiency testing and reporting to the 

EPA. We will include context and 

summaries of this information on the 

EPA Burn Wise Web site. This will help 

better inform consumers so they can 

choose the best-performing heaters now 

that will also save them money on fuel 

costs and also reduce PM emissions by 

burning less wood. This will also 

provide data to states and the EPA as we 

consider future wood heater 

rulemaking. 

At this time, we lack sufficient data to 

issue a CO emissions limit in today’s 

final rule. However, this rule uses our 

section 114 authority to require 

manufacturers to determine CO 

emissions during the compliance tests 

(as typically conducted), report those 

results to the EPA and include those 

results on the manufacturer’s Web site. 

This will help better inform consumers 

so they can choose the best-performing 

heaters that have less CO emissions and 

less health concerns for themselves and 

their neighbors. This will also provide 

data to states and the EPA as we 

consider future rulemaking. We intend 

to include context and summaries of the 

submitted CO emissions data on the 

EPA Burn Wise Web site also. 

In this final rule, we are not setting 

limits on visible emissions, and we are 

not prohibiting use in non-heating 

seasons. However, operators should 

note that some state, local and tribal 

jurisdictions have limits, prohibitions 

and other requirements that must be 

followed. 

Like the subpart AAA requirements, 

the subpart QQQQ requirements 

provide additional time for the sale of 

unsold hydronic heaters manufactured 

before the compliance date. This 

additional sell-through time does not 

include forced-air furnaces because EPA 

has determined that it is reasonable for 

forced-air furnace manufacturers to 

revise their owner’s manuals, training 

and marketing materials to comply with 

the work practice and operational 

standards by the effective date. 

As in subpart AAA, subpart QQQQ 

includes a list of prohibited fuels 

because their use would cause poor 

combustion or even hazardous 

conditions. As in subpart AAA, subpart 

QQQQ requires that the owner or 

operator must operate the hydronic 

heater or forced-air furnace in a manner 

that is consistent with the owner’s 

manual and the rule requires the 

manufacturer to discuss the best 

operating practices in the owner’s 

manual. For pellet-fueled appliances, 

operation according to the owner’s 

manual includes operation only with 

pellet fuels that are specified in the 

owner’s manual. As in subpart AAA, 

manufacturers must only specify graded 

and licensed pellets that meet certain 

minimum requirements. Data show that 

pellet quality is important to ensure that 

the appliances operate properly such 

that emissions are within the appliance 

certification limits. 

The permanent labeling requirements 

and owner’s manual requirements in 

subpart QQQQ are similar to the 

guidelines in the EPA’s current 

voluntary hydronic heater program with 

some improvements. Like in subpart 

AAA, the temporary labels (hangtags) 

are voluntary and are only for models 

that meet Step 2 levels before the 

compliance date and these hangtags end 

upon the Step 2 compliance date. 

Subpart QQQQ also has a cord wood 

alternative compliance option with a 

special permanent label and a voluntary 

temporary label (hangtag) for models 

that meet Step 2 using cord wood. The 

structure of the rest of subpart QQQQ is 

similar to the subpart AAA certification 

and quality assurance process. 

4. Emission Testing, Reporting and 

Certification 

The final rule requires that before 

manufacture and sale at retail, all 

affected hydronic heaters and forced-air 

furnaces subject to subpart QQQQ must 

conduct certification compliance 

testing, submit a certificate of 

compliance and receive EPA approval 

for the Step 1 and Step 2 PM emission 

limits by the dates shown in Table 4. 

For hydronic heaters, we are requiring 

emission testing, reporting and 

certification based on crib wood to 

demonstrate compliance with Step 1 

and Step 2 emissions limits. The final 

rule requires crib wood emission testing 

of hydronic heaters by one of the 

following methods: EPA Method 

28WHH in its entirety or EPA Method 

28WHH–PTS (with approved 

adjustment for crib wood versus cord 

wood) or ASTM E2618–13 with 

conditions or European National (EN) 

test method EN 303–5 with conditions. 

We note that EPA’s current NSPS 

general provisions provide that affected 

sources may request EPA approval of 

alternative test methods on a case-bycase basis as appropriate. See 40 CFR 

60.8(b). 

Commenters overwhelmingly agreed 

that tuning heaters for crib wood 

certification tests often results in poorer 

performance in homes. Based on the 

existence of viable draft cord wood test 

methods and the expectation that the 

ASTM test methods would be final soon 

after the NSPS proposal and that 

significant testing of heaters re-tuned to 

perform well on cord wood would occur 

before promulgation of this final rule, 

the EPA proposed to require testing 

with cord wood for the Step 2 emissions 

limits. We still encourage manufacturers 

to design wood heaters that best 

represent in-home performance on cord 

wood that consumers use as soon as 

possible. However, the ASTM cord 

wood test methods have not been 

completed and only limited testing 

using the draft methods has occurred. 

We received numerous comments 

with concerns about when the cord 

wood test methods would be ready and 

how quickly heaters could be 

redesigned to perform well with cord 

wood certification testing that we 

proposed for Step 2, i.e., 5 years after 

the effective date. At proposal, we had 

limited test data for heaters using cord 

wood. Considering all of the above, we 

have determined that we do not have 

sufficient data at this time to adequately 

support a regulatory requirement for 

cord wood testing. 

We expect that many manufacturers 

will choose the alternative cord wood 

compliance testing option so that 

consumers will have more opportunities 

to purchase stoves that are tuned for inhome use. We will consider alternative 

cord wood test method requests on a 

case-by-case basis until we are 

convinced that improved test methods 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13683 

have been sufficiently demonstrated 

that they can be relied upon for 

regulatory purposes. For now, we will 

be receptive to alternative test methods 

requests that use the current ASTM 

draft methods. We will also be receptive 

to other alternative test method requests 

that are adequately demonstrated, 

ideally according to the EPA Method 

301 validation procedures. 

Additionally, we expect that within the 

next few years we will receive enough 

cord wood test data for the EPA to 

establish revised certification 

requirements based on cord wood 

testing. 

In this final rule, the EPA is relying 

on the cord wood test method that has 

been developed by the CSA for forcedair furnaces. The current version of CSA 

B415.1–10 was published in March 

2010, and it includes not only the 

forced-air furnace test method but also 

Canadian emission performance 

specifications for indoor and outdoor 

central heating appliances. 

In this final rule, we are relying on 

efficiency test methods that have been 

developed by the CSA. The current 

version of CSA B415.1–10 was 

published in March 2010. 

As discussed earlier in section III.B.4 

of this preamble, regarding the 

certification process for room heaters 

(revised subpart AAA), we are also 

requiring third-party certifiers for 

hydronic heaters and forced-air furnaces 

so as to reduce the potential for 

certification delays that could result 

from errors in testing. However, for 

forced-air furnaces, we are concerned 

that there may not be sufficient thirdparty certifier capacity specific to 

forced-air furnace testing according to 

the CSA B415.1–10 test method and 

review and approval capacity by the 

EPA, especially in the first year. We do 

not want to unfairly restrict the 

production and sales of forced-air 

furnace manufacturers who do all the 

things they should do and then 

potentially have to wait on EPA 

approval. Thus, we have added a 

conditional, temporary approval by the 

EPA for forced-air furnaces based on the 

manufacturer’s submittal of a complete 

certification application. The 

application must include the full test 

report by an EPA-approved laboratory 

and all required compliance statements 

by the manufacturer. The conditional 

approval would allow forced-air furnace 

manufacture and sales for 1 year or until 

EPA review of the application, 

whichever is earlier. Within that year, 

the manufacturer must submit a 

certificate of conformity by a third-party 

certifier. 

The 1-year conditional, temporary 

approval by the EPA does not apply to 

hydronic heaters because they have 

been required to submit third-party 

certifications for the EPA hydronic 

heater voluntary partnership program 

since 2008 and will continue to do so 

under this NSPS. 

IV. Summary of Significant Changes 

Following Proposal 

This section is a summary of the 

significant changes from the proposed 

rule based on the comments and 

additional material we received and 

have carefully considered. The reasons 

for these changes and their potential 

impacts are in the Response to 

Comments (RTC) document and are 

summarized in section V Summary of 

Major Comments and Responses. 

A. Best Systems of Emission Reduction/ 

Particulate Emission Limits 

We received considerable comment 

on the proposed PM emission limits that 

is relevant to our determination of 

BSER. As explained in more detail in 

section V, these final emission limits 

represent significant advances in stove 

technology and substantial reductions 

in emissions, both collectively and from 

individual units. 

1. Room Heaters 

The EPA is changing the proposed 

Step 2 PM emissions limit for new 

residential room heaters, including 

catalytic and noncatalytic adjustable 

rate wood heaters, single burn rate wood 

heaters and pellet heaters/stoves from 

1.3 g/hr to 2.0 g/hr using crib wood. 

Compliance for room heaters will be 

determined using the weighted average 

of burn rates rather than requiring each 

individual burn rate to meet the limit. 

To reduce potential certification delays 

and unnecessary costs for small 

businesses, we are adding an automatic 

Step 1 EPA approval for models with 

valid EPA certifications under the 1988 

NSPS that show that the models achieve 

the Step 1 emission levels. 

Manufacturers may choose to test using 

either crib wood or cord wood. If the 

manufacturers choose the cord wood 

alternative compliance option, the PM 

emission limit for cord wood is 2.5 g/ 

hr. Although the number is higher, the 

cord wood test method is more 

reflective of fuel that is used in homes 

and the data available to the EPA 

indicate that this PM emission level is 

at least as stringent as the 2.0 g/hr 

primary crib wood testing emission 

limit. More details on this are in section 

V.A Summary of Major Comments and 

Responses. 

For wood heater/stove certification 

tests using cord wood, the EPA is 

allowing (voluntary) manufacturers to 

use a special EPA label which 

recognizes that cord wood testing more 

closely reflects actual in-home use. 

2. Central Heaters: Hydronic Heaters 

and Forced-Air Furnaces 

For new residential hydronic heaters, 

the final rule keeps the proposed Step 

1 weighted average PM emission rate of 

0.32 lb/mmBTU heat output, establishes 

a Step 1 PM emissions cap of 18 g/hr for 

any individual test run and adds 

automatic Step 1 EPA certification for 

hydronic heater models if they are 

already qualified as meeting the Phase 

2 emissions level of the EPA’s voluntary 

program. The change from the proposed 

Step 1 cap of 7.5 g/hr to the final rule 

Step 1 cap of 18 g/hr was to match the 

Phase 2 emission levels of the EPA 

voluntary program and reduce potential 

certification delays. To further reduce 

potential certification delays and 

unnecessary costs for small businesses, 

we are also adding automatic Step 1 

EPA certification for hydronic heater 

models certified by NYSDEC that 

demonstrate the models achieve the 

Step 1 levels and RHNY-qualified pellet 

hydronic heaters. Similarly, we are 

adding automatic Step 1 EPA 

certification for new forced-air furnaces 

that are independently certified (i.e., not 

self-tested) under CSA B415.1–10 to 

meet the Step 1 emission level or that 

are certified by NYSDEC and meet the 

Step 1 emission level. For forced-air 

furnaces for Step 1, we deleted the 7.5 

g/hr particulate emission limit per 

individual burn rate because the CSA 

B415.1–10 certifications are based on 

the weighted average, not the g/hr limit, 

and because the manufacturers do not 

have experience with meeting g/hr 

limits for these furnaces. 

For hydronic heaters, we are changing 

the proposed Step 2 PM emissions limit 

of 0.06 lb/mmBtu heat output to 0.10 lb/ 

mmBtu heat output for each individual 

burn rate, tested on crib wood. 

Manufacturers may choose to test using 

either crib wood or cord wood. If the 

manufacturer chooses the cord wood 

alternative compliance option, the Step 

2 PM emission limit for cord wood is 

0.15 lb/mmBtu heat output. Although 

the number is higher, the cord wood test 

method is more reflective of the fuel 

that is used in homes and the limited 

cord wood data available to the EPA 

indicate that this PM emission level is 

at least as stringent as the 0.10 lb/

mmBtu heat output crib wood testing 

emission limit. For forced-air furnaces, 

the Step 2 PM emission level matches 

the hydronic heater cord wood 

mstockstill on DSK4VPTVN1PROD with RULES2

13684 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

alternative option because forced-air 

furnaces are certified using CSA 

B415.1–10, which already specifies cord 

wood as the test fuel. Details on the 

bases of the emission levels are in 

section V, Summary of Responses to 

Major Comments. 

For hydronic heaters and forced-air 

furnaces tested with cord wood, the 

EPA is allowing (voluntary) 

manufacturers to use special permanent 

labels and EPA temporary labels 

(hangtags) which recognize that cord 

wood testing more closely reflects actual 

operation under in-home-use 

conditions. 

3. Masonry Heaters 

As stated in section III of this 

preamble, the EPA is not taking final 

action on proposed subpart RRRR for 

new residential masonry heaters at this 

time. Comments indicated that the 

Masonry Heater Association (MHA) 

needs more time to finish their efforts to 

develop revised test methods, 

alternative compliance calculation 

procedures and dimensioning 

procedures. The MHA comments stated 

that the cost of testing masonry heaters 

is high and impractical because almost 

all are custom-built onsite. After we 

receive additional information from 

MHA and others, we will consider if we 

should take final action for new 

residential masonry heaters in a future 

rulemaking. 

The potential emission impact of this 

delay is small. Fewer than 1,000 

masonry heaters are built each year. 

Most manufacturers build fewer than 15 

heaters per year. The total nationwide 

annual emissions are estimated to be 

less than 10 tons of PM2.5. 

B. Appliance Certification, Laboratory 

Accreditation and Third-Party 

Certification 

In section III.D of the preamble to the 

proposed rule, we described the 

proposed approach for a third-party 

certification program by an ISOaccredited certifying body and testing 

by ISO-accredited testing laboratories. 

This approach requires manufacturers to 

use third-party, independent ISOaccredited and EPA-approved test labs 

and certifying entities to demonstrate 

compliance with a representative 

appliance for a model line. 

Under the Administrator Approval 

Process (see § 60.533(c) of the proposed 

rule), we proposed a transition period of 

1 year from the effective date of the final 

rule for test labs to receive ISO 

accreditation through an EPArecognized accreditation body. In this 

final rule, we are increasing the 

transition period for test laboratories 

that are currently EPA-accredited from 1 

year to 3 years from the effective date 

of this final rule (i.e., until May 15, 

2018). This additional time for test 

laboratory accreditation will reduce 

concerns about costs for these small 

laboratories and potential testing delays. 

We proposed that certifying entities 

be required to receive ISO accreditation 

upon the effective date of the final rule; 

however, commenters stated that ISO 

accreditations can take 6 months. 

Requiring use of ISO-accredited 

certifying bodies/entities on the 

effective date of the final rule can be 

difficult for small manufacturers of 

wood stoves/heaters and forced-air 

furnaces, which previously have not 

been required to obtain certifications 

from ISO-accredited certifying bodies/

entities; therefore, we are allowing a 6- 

month transition for models other than 

hydronic heaters. The 6-month 

transition period does not apply to 

hydronic heaters because the use of ISOaccredited certifying bodies/entities has 

been part of the EPA’s voluntary 

partnership program for hydronic 

heaters since 2008. 

C. Cost and Economic Impacts 

Cost and economic impacts of the 

proposed rule have been revised to 

reflect changes to the standards and 

improved estimates of costs and 

emissions for room heaters and central 

heaters. See section VI of this preamble 

for a discussion of these revised 

impacts, as well as the RIA and the RTC 

document for this final rule for more 

detailed information. 

D. Test Methods and Compliance 

Certification Calculation Procedures 

The EPA proposed a number of 

changes to test methods established 

under the 1988 rule to improve their 

precision and to better reflect real-world 

conditions. 

1. Burn Rates in Compliance 

Certification Calculations 

For Step 2 emission limits, we 

proposed to require certification 

compliance at the lowest burn rate 

(Category 1) and the maximum burn rate 

(Category 4) rather than the weighted 

average of the four burn rates, which 

was required in the 1988 rule. 

Many comments on the proposal and 

the data in the NODA strongly 

supported the proposed compliance 

determinations per individual burn 

rates. Many other comments strongly 

opposed the proposal. Considering all of 

the comments and focusing on the 

available test data, especially the EPA 

wood stove certification test data by 

burn rate that we included in the July 

1, 2014, NODA, we are requiring 

certification calculations based on the 

weighted average of the four burn rates 

for subpart AAA. More detail is 

presented in section V.A, BSER and 

Particulate Emission Limits for Room 

Heaters (revised subpart AAA), and 

section V.F, Test Methods. 

For subpart QQQQ, the final rule uses 

the weighted average with a cap for each 

test run for Step 1 (for hydronic 

heaters), but retains the proposed 

requirement for compliance at each 

burn rate for Step 2 (for both hydronic 

heaters and forced-air furnaces), given 

concerns about the sometimes very large 

emissions at individual burn rates. The 

emission limits reflect the data 

available. For a more detailed 

discussion of these comments and 

responses, see the RTC document in the 

docket for this rule. 

2. Cord Wood Test Method 

Based on the existence of viable draft 

cord wood test methods and the 

expectation at proposal that the ASTM 

‘‘real world’’ test methods for cord wood 

would be complete soon after the NSPS 

proposal and that significant testing of 

wood heaters re-tuned to perform well 

on cord wood would occur before 

promulgation of this final rule, the EPA 

proposed to require testing only with 

cord wood for compliance with Step 2 

emissions limits. We still encourage 

manufacturers to design wood heaters 

that perform best on cord wood that 

consumers use. However, the ASTM 

cord wood test methods have not been 

completed and only limited testing 

using the draft methods has occurred. 

We received numerous comments from 

noncatalytic stove manufacturers and 

laboratories and some states with 

concerns about when the cord wood test 

methods would be ready and how 

quickly noncatalytic stoves could be 

redesigned to perform well with cord 

wood certification testing that we 

proposed for Step 2, i.e., 5 years after 

the effective date. (We had test data for 

three catalytic or hybrid wood heaters/ 

stoves that performed very well on cord 

wood at the time of proposal.) However, 

considering all of the above, we have 

determined that we do not have 

sufficient data at this time to support a 

regulatory requirement for cord wood 

testing (other than for forced-air 

furnaces), but rather will allow an 

alternative compliance option for cord 

wood testing. (Note that forced-air 

furnace certification tests are conducted 

according to CSA B415.1–10 which has 

specified cord wood as the test fuel 

since 2010.) 

We expect that many manufacturers 

will choose the alternative cord wood 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13685 

compliance testing option so that 

consumers will have more opportunities 

to purchase stoves that are tuned for use 

in the ‘‘real world.’’ We will consider 

alternative cord wood test method 

requests on a case-by-case basis until we 

are convinced that improved test 

methods have been sufficiently 

demonstrated that they can be relied 

upon for regulatory purposes. For now, 

we will be receptive to alternative test 

methods requests that use the current 

ASTM draft methods. Also, we will be 

receptive to other alternative test 

method requests that are adequately 

demonstrated, ideally according to the 

EPA Method 301 validation procedures. 

Additionally, we expect that within the 

next few years we will receive enough 

cord wood test data for the EPA to 

establish revised certification 

requirements based on cord wood 

testing. 

See section III of this preamble for the 

specific alternative compliance 

emissions limit options we are allowing 

under subparts AAA and QQQQ for 

manufacturers of heaters who choose to 

certify compliance with cord wood 

instead of crib wood. The bases for the 

options are discussed in section V, 

Summary of Responses to Major 

Comments. 

3. Additional Test Methods 

Based on comments and the need to 

minimize potential testing and 

certification delays for Step 1, the final 

rule includes additional test methods 

for hydronic heaters. In addition to the 

proposed use of EPA Method 28WHH 

and EPA Method 28WHH–PTS, the final 

rule allows manufacturers to use ASTM 

E2618–13 and EN303–05 with specified 

conditions/adjustments (e.g., burn rate 

categories to better match EPA Method 

28WHH and use of thermal storage) for 

determining compliance with the Step 1 

emission limits. As with all NSPS, 

manufacturers may request EPA 

approval of alternative test methods on 

a case-by-case basis. See 40 CFR 60.8. 

E. Sell-Through of Inventory 

Based on numerous comments from 

small business manufacturers and small 

business retailers and some states, we 

are lengthening the retail sell-through 

period for subpart AAA from 6 months 

from the effective date of the final rule 

to December 31, 2015, approximately 8 

months from the expected effective date. 

That is, no manufacturer, distributor, 

wholesaler or retailer may sell or offer 

to sell new stoves after December 31, 

2015, that do not meet the Step 1 

emission limit. Eight months will better 

cover the primary selling period after 

the rule is final and will affect a very 

small number of appliances. We are also 

providing a retail sell-through period for 

subpart QQQQ hydronic heaters to also 

cover the primary selling period. We are 

not allowing a retail sell-through period 

for forced-air furnaces because the 

manufacturers and retailers can quickly 

revise the owner’s manuals to add best 

burn practices to comply with the work 

practice and operational standards. 

These sell-through provisions do not 

affect resale of used stoves/heaters; such 

resale is not restricted by this rule. 

F. Appeals and Administrative Hearing 

Procedures 

Based on the public comments and 

our additional review of the history of 

the 1988 rule, we have determined that 

there is no need to make the proposed 

change to a streamlined Petition for 

Review process. Therefore, we are 

retaining the Appeals and 

Administrative Hearing Procedures 

outlined in the 1988 rule. 

V. Summary of Responses to Major 

Comments 

Detailed summaries are in the RTC 

document in the docket. 

A. BSER and Particulate Emission 

Limits for Room Heaters (Revised 

Subpart AAA) 

We received a full range of comments 

on the proposed BSER and emission 

limits for room heaters and the data in 

the July 1, 2014, NODA. Many 

comments agreed completely with our 

proposal and that approximately 10,000 

tons/yr of PM2.5 emission reduction is 

very important and would lead to 

significant improvement in public 

health protection. 

Some comments indicated that bans 

of wood burning would be more 

appropriate. The EPA is not banning 

wood burning in this rule because 

section 111(a)(1) of the CAA requires 

that the emission standards reflect the 

degree of emission limitation achievable 

by the application of BSER. 

Some comments suggested that we 

develop less stringent standards for 

rural areas than other areas or no 

standards in rural areas at all. The EPA 

is not setting different emission 

standards for rural areas because section 

111 of the CAA does not provide legal 

authority for differentiated standards 

based on where the devices are used. 

1. Stringency of Step 2 Level Using Cord 

Wood for Room Heaters 

Many noncatalytic stove 

manufacturers and laboratories and 

some other manufacturers were 

concerned especially about the 

stringency of the Step 2 level using cord 

wood 5 years after the effective date. We 

considered all comments and focused 

on those that discussed the emission 

data in detail. 

Numerous small business 

manufacturer comments suggested that 

(1) current stove designs are focused on 

burning crib wood well at the expense 

of burning ‘‘real world’’ cord wood well, 

and stoves cannot just be tweaked to 

burn both well; (2) experience in homes 

is that some crib wood-certified stoves 

smolder if the homeowner does not 

operate them at high burn for at least 30 

minutes before dampening down to the 

low burn rate settings; (3) a cord wood 

test method more representative of inhome use should be developed as soon 

as possible; and (4) a voluntary option 

should be used to establish a cord wood 

database to determine BSER. 

As discussed in the NODA, limited 

cord wood testing by Brookhaven 

National Laboratory (BNL), under 

contract to the EPA, showed that 

repeatability of the cord wood test 

method results can sometimes be very 

good (i.e., within 15 percent). However, 

the results of the BNL cord wood tests 

also showed that emissions from a 

popular, inexpensive, current-model 

noncatalytic stove that was not adjusted 

by the manufacturer for burning cord 

wood instead of crib wood during the 

certification test can be much higher 

than (in several cases, over twice as 

high) the crib wood emission test 

results. 

Other comments suggested that we 

stay with the proposed cord wood 

testing requirement and proposed Step 

2 emission level that some heaters can 

already meet. For example, Washington 

State Department of Ecology (WSDOE) 

stated that (1) the data show that hybrid 

stoves are the best technology capable of 

meeting Step 2, better than noncatalytic 

stoves; and (2) the extensive lack of 

Category 1 burn rate data in the 

certification tests indicates a ‘‘serious 

flaw’’ and that EPA needs to develop 

test methods more representative of inhome use that include start-up and the 

lowest burn rate at which a device may 

be commonly operated. We agree with 

WSDOE that it appears that hybrid 

stoves may be the best technology 

capable of meeting Step 2, better than 

noncatalytic stoves; however, we are 

concerned about setting required 

emission levels that may have potential 

impacts on a large number of small 

businesses that may not yet have much 

experience with that technology, and we 

do not want to prematurely restrict their 

choices. As discussed in section IV.D, 

we agree that test methods are needed 

that better reflect in-home use and 

include start-up and the lowest burn 

mstockstill on DSK4VPTVN1PROD with RULES2

13686 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

rate at which a device may be 

commonly operated. 

As discussed earlier in this preamble, 

based on the data and comments, we 

have determined that it is premature to 

require a cord wood-based Step 2 

emission limit at this time. Rather, we 

are basing the Step 2 requirements on 

crib wood testing and including an 

alternative compliance option to 

encourage manufacturers to certify with 

cord wood as soon as possible to 

provide consumers with better 

information regarding in-home use. 

In support of the cord wood 

alternative compliance option, there are 

three stove model lines that meet Step 

2 using cord wood testing. As discussed 

in section IV.D of this preamble, we 

expect additional manufacturers will 

choose the alternative cord wood 

compliance testing option so that 

consumers will have more opportunities 

to purchase stoves that are tuned for inhome use. We will consider alternative 

cord wood test method requests on a 

case-by-case basis until we are 

convinced that improved test methods 

have been sufficiently demonstrated 

that they can be relied upon for 

regulatory purposes. For now, we will 

be receptive to alternative test method 

requests that use the current ASTM 

draft methods. We will also be receptive 

to other alternative test method requests 

that are adequately demonstrated, 

ideally according to EPA Method 301 

validation procedures. We expect that 

within the next few years we will 

receive enough cord wood test data for 

the EPA to establish revised certification 

requirements based on cord wood 

testing. 

Commenters overwhelming agree that 

cord wood testing is a better 

representation of ‘‘real world’’ 

conditions, provides better information 

for consumers to choose the cleanest 

and most efficient heaters and that the 

EPA should encourage cord wood 

testing. Thus, the final rule includes a 

cord wood alternative compliance 

option for Step 2 and special permanent 

labels and allows (voluntary) temporary 

EPA labels (hangtags) for units tested 

with cord wood. As discussed earlier in 

this section, the proposal reasonably 

anticipated that all manufacturers 

would iteratively adjust the combustion 

air flows, directions and proportions to 

better match the change in hydrocarbon 

volatilization rate due to the difference 

in surface-area-to-volume ratio and 

spacing for crib wood versus cord wood. 

The proposal also reasonably 

anticipated that manufacturers would 

have a full complement of cord wood 

tested heaters available by Step 2, i.e., 

5 years after the effective date. Some 

stoves already perform well on cord 

wood. However, comments from some 

small business noncatalytic stove 

manufacturers, small business 

laboratories and some states have 

questioned whether most small business 

manufacturers could comply with the 

Step 2 emission limits based on cord 

wood by that date. As discussed in the 

NODA, the cord wood test data 

submitted to us for three catalytic or 

hybrid wood stoves manufactured by 

two small businesses show that their 

EPA-certified wood stoves (when tested 

using cord wood and making no design 

changes to adjust for testing using cord 

wood versus crib wood) have similar 

emissions as their stoves do when tested 

using crib wood. The cord wood results 

show that they can achieve an emission 

limit of 1.3 g/hr, as proposed. Several 

comments stated that they did not 

believe these results are representative 

of most EPA-certified stoves and that 

typical cord wood values are likely to be 

higher than the 1.3 gr/hr level, as well 

as the 2.0 g/hr level of the final crib 

wood Step 2 emission level or any other 

crib wood level. 

Recognizing that the cord wood 

alternative compliance option is an 

option rather than a requirement, we 

have set the cord wood Step 2 emission 

level at 2.5 g/hr as the alternative 

compliance option for room heaters for 

the following reasons: 

• Test data show that at least three 

wood stoves meet a limit of 1.3 g/hr, 

which (coupled with some commenters’ 

claims that the test precision is no better 

than 1.0 g/hr) would suggest an 

achievable limit on the order of 

2.3 g/hr. 

• The State of Washington DOE has 

required catalytic stoves since 1995 to 

meet a limit of 2.5 g/hr. 

• The Step 2 emission level does not 

take effect until 5 years after the 

effective date of this final rule. 

The cord wood alternative 

compliance option provides appropriate 

opportunities to small manufacturers 

who have been leaders in optimizing for 

cord wood performance and encourages 

other manufacturers to follow their 

example. More discussion is in the RTC 

document in the docket for this final 

rule. 

2. Stringency of Step 2 Level Using Crib 

Wood for Room Heaters 

We have set the crib wood Step 2 

emission limit at 2.0 g/hr for the 

following reasons: 

• Focusing on the comments that 

discussed the details of the crib wood 

certification test data for Step 2, nearly 

90 percent of current catalytic/hybrid 

stoves and over 18 percent of current 

noncatalytic stoves would meet the Step 

2 emission limit of 2.0 g/hr in the final 

rule. This compares to 20 percent of 

catalytic/hybrid wood heaters/stoves 

and only 3 percent of noncatalytic wood 

heaters/stoves for the proposed 1.3 g/hr 

Step 2 emission limit. 

• Considering that current stove sales 

are approximately 20 percent catalytic/ 

hybrid stoves and 80 percent 

noncatalytic stoves, the estimated 

impact of adjusting the Step 2 emission 

level from 1.3 g/hr to 2.0 g/hr will be 

to decrease the emission reduction 

estimated for this rule by approximately 

36 tons per year, which is relatively 

small compared to the rule’s total 

estimated emission reduction of 8,269 

tons per year. Furthermore, the impact 

for any individual stove is only on the 

order of 2 pounds per year. 

• The final Step 2 emission limit of 

2.0 g/hr is more stringent than any 

current state requirement. 

Thus, considering the significant 

emission reductions for this final rule 

and the potential significant cost 

impacts for this industry that is 

comprised of over 90 percent small 

businesses, and considering that the 

difference between the proposal and 

this final rulemaking is less than 

approximately 36 tons per year 

compared to the 8,269 tons per year for 

this final rulemaking, we judge that a 

final Step 2 emission level of 2.0 g/hr 

within 5 years as BSER for room heaters 

is a reasonable balance of environmental 

impacts and costs. 

3. Determination of BSER for Room 

Heaters 

Some comments questioned that 

BSER is adequately demonstrated. The 

data in the paragraph above show that 

not only are the emission levels 

demonstrated, the percentages of 

current heaters that already meet Step 2 

demonstrate the reasonableness of the 

Step 2 emission limit, especially 

considering that the Step 2 emission 

limit becomes applicable 5 years after 

the effective date. 

Some comments recommended that 

the final rule be as stringent as the 

cleanest stoves on the market and some 

comments suggested numbers that 

reflect the top 5 percentile. Section 111 

of the CAA does not specify any 

particular floor for BSER determinations 

but does require consideration of costs. 

As discussed above, considering that the 

emission reduction difference between 

the proposal and this final rulemaking 

is approximately 36 tons per year 

(compared to the 8,269 tons per year for 

this final rulemaking), we judge that a 

final Step 2 BSER of 2.0 g/hr within 5 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13687 

years is a reasonable balance of 

environmental impacts and costs. 

Some comments suggested that the 

precision of the test method is not good 

enough to set emission limits more 

stringent than the 1988 NSPS. In 

response, we note that the State of 

Washington DOE has successfully 

required a 2.5 g/hr emission limit for 

catalytic stoves since 1995, and several 

stoves have been EPA-certified at 1.0 g/ 

hr, which is well under the final Step 

2 emission limit of 2.0 g/hr. Even if the 

commenters’ claims were correct that 

the precision is no better than 1.0 g/hr, 

the final emission limit of 2.0 g/hr 

would still cover these stoves, i.e., 1.0 

g/hr plus 1.0 g/hr equals 2.0 g/hr, the 

step 2 emission limit. Further, we note 

that the final rule deletes the previously 

required upward adjustment for Method 

5G to 5H, which was sometimes over a 

30 percent increase for certification 

values (under the 1988 NSPS and the 

State of Washington DOE) that were 

tested using Method 5G. 

B. BSER and Particulate Emission Limits 

for Central Heaters (Subpart QQQQ) 

Comments of many small business 

manufacturers of hydronic heaters and 

forced-air furnaces questioned the 

demonstrations of BSER for hydronic 

heaters and forced-air furnaces, 

especially the proposed cord wood Step 

2 limit of 0.06 lb/mmBtu. As discussed 

earlier in sections III.B and III.C of this 

preamble, considering the numerous 

comments expressing concern about 

whether most small business 

manufacturers will be ready in time, 

reviewing the data currently available, 

and acknowledging that the expected 

ASTM cord wood test methods are not 

yet completed at this time, we have 

determined that it is premature to 

require cord wood certification tests for 

hydronic heaters at this time. Rather, we 

are allowing a cord wood alternative 

compliance option. 

1. Stringency of Step 1 Level Using Crib 

Wood for Central Heaters 

Focusing on the crib wood test 

primary requirement and crib wood test 

data, we see that there are already 50 

hydronic heater models Phase 2 

qualified under the EPA hydronic heater 

voluntary partnership program, which 

also meet the Step 1 emission levels of 

this final NSPS. These models will be 

automatically deemed EPA-certified for 

Step 1 of this final NSPS. (There are also 

19 voluntary program qualification tests 

recently submitted to the EPA that, if 

valid, will result in 19 additional Phase 

2 model qualifications.) Similarly, 

models certified by the NYSDEC that 

comply with Step 1 will also be 

automatically deemed EPA certified 

until Step 2. Also, over 20 pellet 

heaters/boilers are already qualified 

under the RHNY program, and they will 

be automatically deemed to be EPAcertified for Step 1 provided they 

comply with the RHNY requirements for 

installation and operation with adequate 

thermal storage. That is, no additional 

certification will be necessary for these 

three groups for Step 1. 

For forced-air furnaces, commenters 

indicated that the Step 1 p.m. emission 

limit was achievable but small furnaces 

needed 1 year and large furnaces needed 

2 years to complete the certification 

testing. As discussed earlier, the final 

rule incorporates the necessary 

additional time for testing. 

2. Stringency of Step 2 Level Using Crib 

Wood for Central Heaters 

For new residential hydronic heaters, 

we have set the crib wood Step 2 

emission level at 0.10 lb/mmBtu based 

on the following: 

• Looking at the crib wood test 

primary requirement for Step 2 (0.10 lb/ 

mmBtu), 9 of the 50 (18 percent) EPAqualified hydronic heater models 

currently achieve Step 2 on crib wood 

(per run); and all 20 of the RHNYqualified models achieve 0.10 lb/

mmBtu. 

• The proposed Step 2 level (0.06 lb/ 

mmBtu) currently is achieved only by 3 

of the 49 (6 percent) EPA-qualified 

models (per run). 

• The emission reduction difference 

between the proposed Step 2 hydronic 

heater emission level (0.06 lb/mmBtu) 

and the final Step 2 hydronic heater 

emission level (0.10 lb/mmBtu) is 

approximately only 15 tons per year 

(compared to the 8,269 tons per year for 

this final rulemaking). 

Considering the potential significant 

cost impacts for this industry that is 

comprised of over 90 percent small 

businesses, and that the relatively small 

difference in emission reductions 

between the proposal and this final 

rulemaking, we judge that a final 

hydronic heater Step 2 emission level of 

0.10 lb/mmBtu within 5 years as BSER 

is a reasonable balance of environmental 

impacts and costs. 

3. Stringency of Step 2 Level Using Cord 

Wood for Central Heaters 

As with room heaters (subpart AAA) 

and for the same reasons, hydronic 

heaters (subpart QQQQ) have a cord 

wood alternative compliance option. 

Considering that it is an option designed 

to encourage leadership for others to 

follow, that it is an option rather than 

a requirement and that many European 

models already achieve levels better 

than 0.06 lb/mmBtu, we have 

determined that 0.15 lb/mmBtu within 

5 years as the cord wood alternative 

compliance option is a reasonable 

balance of environmental impacts and 

costs. We note that the RHNY emission 

qualification requirement is 0.08 lb/

mmBtu. Further, we note that even if 

there were to be method uncertainty on 

the order of approximately four times 

the expected precision of 35 percent, 

models at 0.06 lb/mmBtu would still be 

included. 

We have set the same final Step 2 

emission level for forced-air furnaces as 

BSER as we have for hydronic heaters 

based on the following: 

• The emission reduction difference 

between the proposed forced-air furnace 

Step 2 emission limit of 0.06 lb/mmBtu 

and this final rulemaking (0.15 lb/

mmBtu) is approximately 40 tons per 

year (compared to 8,269 tons per year 

emission reduction for this final 

rulemaking). The difference is slightly 

larger for forced-air furnaces compared 

to hydronic heaters because the annual 

sales of forced-air furnaces are much 

larger (i.e., 41,000 versus 13,000). 

• We considered the potential 

significant cost impacts for this industry 

that is comprised of over 90 percent 

small businesses, as well as the modest 

difference between the environmental 

impacts of the proposal and this final 

rulemaking. Therefore, for forced-air 

furnaces, we judge that a final Step 2 

emission level of 0.15 lb/mmBtu within 

5 years as BSER is a reasonable balance 

of environmental impacts and costs. 

Since forced-air furnaces and indoor 

hydronic heaters compete in the same 

market, wise consumers expect similar 

performance. We expect most forced-air 

furnace manufacturers to transfer 

technology and knowledge from wood 

stoves and hydronic heaters. Some 

small forced-air furnaces have already 

transferred technology from wood 

heaters to achieve good performance. 

Several industry comments questioned 

their ability to transfer technology from 

hydronic heaters because of their 

concerns about size limitations in order 

to install forced-air furnaces indoors 

going through doorways and other 

entrances to basements. They were 

especially concerned that the space 

limitations may affect their ability to 

adequately insulate the models that may 

be installed in close proximity to 

combustibles. We acknowledge their 

concerns but note that coal, oil and 

natural gas forced-air furnaces and 

indoor hydronic heaters that have 

similar space limitations and proximity 

to combustibles conditions have 

successfully handled those concerns for 

many years. For example, numerous 

mstockstill on DSK4VPTVN1PROD with RULES2

13688 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

8Comments on the proposed NSPS are available 

electronically through http://www.regulations.gov 

by searching Docket ID EPA–HQ–OAR–2009–0734. 

9Comment on the proposed rule to Docket EPA– 

HQ–OAR–2009–0734 from the Washington State 

Department of Ecology; available at http://www.

regulations.gov/#!documentDetail;D=EPA-HQ-OAR2009-0734-1397. 

10 James E. Houck and Paul Tiegs. There’s a 

Freight Train Comin’. Hearth and Home. December 

2009. 

11Comment on the proposed rule to Docket EPA– 

HQ–OAR–2009–0734 from the Hearth, Patio and 

Barbecue Association available at http://

www.regulations.gov/#!documentDetail;D=EPA-HQOAR-2009-0734-1643. 

12Ferguson, Robert (Ferguson, Andors & 

Company), prepared for the Hearth, Patio & 

Barbecue Association. Proposed Wood Heater NSPS 

Incremental Cost Effectiveness Analyses, Appendix 

A: Woodstove Cost Modeling. May 2014. p.1. 

cord-wood-fired indoor hydronic 

heaters have been safely installed 

without large volumes of thermal 

insulation around the firebox 

C. Appliance Certification 

Many comments stressed the 

importance of easy public availability of 

certification test reports (especially 

electronically), limited CBI claims, more 

details on the EPA Web sites, better 

labels and more outreach to encourage 

change outs to cleaner stoves. We agree 

with these comments and the final rule 

incorporates this transparency and 

consumer-friendliness. Some comments 

suggested wording clarifications that we 

have incorporated in the final rule. 

More details are in the RTC document 

included in the docket for this rule. 

D. Laboratory Accreditation, ThirdParty Certification and Administrative 

Approval Process 

Many comments stressed the 

importance of credible data for the 

certifications and the value of close EPA 

oversight, notwithstanding the addition 

of ISO-accredited laboratories and ISOaccredited certifying entities. Some 

comments suggested that the EPA 

should allow the ISO-accredited 

certifying entities to issue NSPS 

certificates directly and that the EPA’s 

role should be solely to review the 

certifications and only question their 

certificates upon cause. The small 

business laboratories requested more 

time for the transition to ISOaccreditation because of the cost. As 

discussed earlier in this preamble, the 

final rule allows a 3-year extension of 

current EPA accreditations of 

laboratories and allows 6 months for 

ISO accreditation of certifying entities, 

except for hydronic heaters, which have 

used ISO-accredited certifying entities 

since October 2008 for the EPA 

voluntary program. The EPA will retain 

its approval and oversight functions for 

this final rule. As also discussed earlier 

in this preamble, to address the 

possibility that there may not be 

sufficient third-party certifier capacity 

and review and approval capacity by the 

EPA, especially in the first year, and so 

as to avoid unfairly restricting the 

production and sales of manufacturers 

who do all the things they should do 

and then potentially have to wait on the 

EPA approval, we have added a 

conditional, temporary approval by the 

EPA for room heaters subject to revised 

subpart AAA, as well as forced-air 

furnaces subject to subpart QQQQ, 

based on the manufacturer’s submittal 

of a complete certification application. 

The application must include the full 

test report by an EPA-accredited 

laboratory and all required compliance 

statements by the manufacturer. The 

conditional approval would allow 

manufacture and sales for 1 year or until 

EPA review of the application, 

whichever is earlier. Within 1 year, the 

manufacturer must submit a certificate 

of conformity by a third-party certifier. 

The 1-year conditional, temporary 

approval by the EPA does not apply to 

hydronic heaters because they have 

used third-party certifications for the 

voluntary program since 2008 and will 

continue to do so under the NSPS. 

E. Costs and Economic Impacts 

1. Costs 

Comments received on the proposed 

rule included information and opinions 

regarding the EPA wood heater cost 

estimates.8 Comments ranged from 

criticism that the EPA overestimated 

costs to criticism that the EPA 

underestimated costs. The comments 

that provided data and/or analysis 

explaining why the commenter thought 

EPA had not accurately estimated the 

costs were most persuasive, and we 

have revised our cost estimates based on 

those detailed comments. Details of our 

responses to cost comments are in the 

RTC document and the technical cost 

memoranda in the docket for this final 

rule. 

a. Room Heaters 

For example, Washington State 

Department of Ecology stated that the 

proposal cost estimates were 

overestimates and that our estimates did 

not address input from Woodstock 

Soapstone Stoves, winner of the 2013 

Wood Stove Decathlon, which estimates 

that the cost of new product 

development is approximately 

$200,000, and furthermore that the 

proposal cost estimates did not address 

the economies manufacturers realize 

when they develop functionally 

identical models from the originally 

certified model.9 Some other 

commenters generally stated that EPA’s 

breakdown of cost estimates faced by 

manufacturers is inaccurately low. We 

have considered all the comments and 

have revised our cost estimates based on 

comments that provided additional 

detailed cost data. 

Prior to proposal, we heard various 

estimates of the costs to bring a wood 

heater from concept to completion, from 

$200,000 for a single model to 

$1,360,000 for a 4-firebox model line. 

For example, a Hearth and Home article 

estimated the total cost to bring a model 

from conception to market as $645,000 

to $750,000 for steel stoves and over $1 

million for cast-iron, enameled wood 

stoves. The authors indicated that costs 

would decrease for separate models in 

the same line by up to 25 percent. Based 

on this information, we estimated that a 

4-model steel line would cost up to 

$328,125 per model to develop. These 

costs include marketing, design, 

developing first generation, second 

generation and prototype units; NSPS 

and safety testing, equipment tooling, 

etc.10 Two other manufacturers also 

provided estimated development costs 

for a 4-box model line, and based on 

that information at proposal we 

estimated average costs to develop a 

new model line, including testing with 

both crib wood and cord wood and 

reporting and recordkeeping, of 

$356,250 for certified wood stoves and 

pellet stoves. We also estimated 

$356,250 for single burn rate stoves, 

forced-air furnaces and hydronic 

heaters. 

The Hearth Patio and Barbecue 

Association (HPBA) provided detailed 

estimates of adjustable burn rate wood 

stoves and hydronic heater model 

development costs. According to HPBA, 

the proposal cost estimates are deficient 

because they do not reflect specific 

emission rates or emission 

performances. Their detailed wood 

stove cost estimates are located in 

Attachment 2 of the HPBA comments 

and were prepared by National 

Economic Research Associates (NERA) 

Economic Consulting (May 2014).11

Appendix A of the document, 

Woodstove Cost Modeling (prepared by 

Ferguson, Andors & Company) contains 

the detailed cost estimates we reviewed 

and adapted for this analysis.12

The Ferguson analysis provides cost 

estimates for four categories of emission 

reductions based on the proposed 

emission levels, consisting of modifying 

7.5 g/hr stoves to comply with a new 4.5 

g/hr emission limit, modifying the 4.5 g/ 

hr stoves to comply with new emission 

limits of 2.5 g/hr or 1.3 g/hr stoves, and 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13689 

13Ferguson, Robert (Ferguson, Andors & 

Company), prepared for the Hearth, Patio & 

Barbecue Association. Proposed Wood Heater NSPS 

Incremental Cost Effectiveness Analyses, Appendix 

A: Woodstove Cost Modeling. May 2014. pp. 4–5. 

14Comment on the proposed rule to Docket EPA– 

HQ–OAR–2009–0734 from the HPBA available at 

http://www.regulations.gov/#!documentDetail;D=

EPA-HQ-OAR-2009-0734-1643. 

15Ferguson, Robert (Ferguson, Andors & 

Company), prepared for HPBA. Proposed Wood 

Heater NSPS Incremental Cost Effectiveness 

Analyses, Appendix A: Hydronic Heater Cost 

Modeling. May 2014. p. 4. 

modifying a 2.5 g/hr stove to a new 

emission limit of 1.3 g/hr. The resulting 

cost components consisted of capital 

costs per model (R&D, engineering 

labor, tooling, equipment integration, 

preliminary testing, and other costs to 

design and manufacture the modified 

wood stove model) and other fixed costs 

per model (certification testing and 

safety testing, roll-out of the modified 

products including store display models 

and burn programs, brochures, user 

manuals, training and product 

discounts). The mid-point capital costs 

presented by Ferguson range from 

$281,725 to $532,050 depending on the 

emission reduction range.13

As discussed earlier in section III.A, 

unlike the proposed rule, the final 

subpart AAA rule only contains a Step 

1 PM emission limit of 4.5 g/hr and a 

Step 2 PM emission limit of 2.0 g/hr, 

with no alternative, three-step emission 

limits. The comments overwhelmingly 

indicated that the three-step emission 

limit approach was inferior not only 

environmentally but also economically 

because it would, in effect, require 

many small manufacturers to engage in 

two rounds of R&D rather than one in 

order to obtain the same eventual 

endpoint. 

The Step 1 cost for 7.5 to 4.5 g/hr is 

a reasonable representation of model 

development costs for all models subject 

to subpart AAA, with some exceptions, 

described below. The Ferguson analysis 

shows that several of the cost 

components are identical across 

scenarios. The analysis claims, however, 

that other cost components vary 

according to the specified emission 

reduction scenario. These differences 

were not supported in the comments. 

For purposes of this analysis, we used 

the 7.5 to 4.5 g/hr scenario as a baseline 

case and modified it to reflect the 

deletion of cost categories that were 

inappropriate for the NSPS analyses, 

e.g., costs for trips to industry trade 

shows that would occur for all products 

regardless of the NSPS. 

We did accept the assumptions and 

logic related to evaluating the tooling 

cost difference between steel stoves and 

cast iron stoves, as both are commonly 

manufactured. Like Ferguson, we used 

an average of their tooling costs to 

reflect product differences, even though 

this may overestimate the number of 

cast iron stoves in the market place. 

While we recognize the range in capital 

cost estimates provided both prior to 

and after proposal of the draft standards 

leave room for additional cost scenarios, 

especially the much lower cost scenario 

for Woodstock Soapstone Stoves, the 

Ferguson costs represent the best 

documented cost ranges and cost 

categories available at this time. 

For the final cost analysis, we used 

the mean wood stove costs. For our 

analyses, these model development 

costs represent feasible costs for 

adjustable burn rate stoves and pellet 

stoves. For single burn rate stoves, as we 

did at proposal, the analyses reflect that 

additional R&D may be required to bring 

these stoves to qualifying levels. Rather 

than doubling the total model 

development costs during the first 2 

years as we did at proposal, the new 

costs for the R&D/Engineering cost 

portion of the total costs are doubled in 

the first 2 years, with ‘‘normal’’ model 

development proceeding thereafter. 

Details of our responses to cost 

comments are in the RTC document and 

the technical and cost memoranda in 

the docket for this final rule. 

b. Central Heaters 

At proposal, our analyses reflected 

that hydronic heaters and forced-air 

furnaces would face the same model 

development costs as room heaters. 

Some commenters objected to this 

characterization, particularly based on 

the detailed hydronic heater cost 

estimates located in Attachment 3 of the 

HPBA comments as prepared by NERA 

Economic Consulting (May 2014).14

Appendix A of that document, Hydronic 

Heater Cost Modeling (prepared by 

Ferguson, Andors & Company) contains 

the detailed cost estimates we reviewed 

and adapted for this analysis. 

The HPBA costs for hydronic heaters 

were prepared with the same 

methodology and overall assumptions 

as they used in development of the 

wood heater costs. The Ferguson 

analysis provides cost estimates for four 

categories of hydronic heater emission 

reductions, based on the proposed 

emission levels consisting of modifying 

uncontrolled heaters to comply with a 

new 0.32 lb/mmBtu emission limit, 

modifying the 0.32 lb/mmBtu heaters to 

comply with new emission limits of 

0.15 or 0.06 lb/mmBtu, and modifying 

a 0.15 lb/mmBtu heater to a new 

emission limit of 0.06 lb/mmBtu. The 

resulting cost components consisted of 

capital costs per model (R&D, 

engineering labor, tooling, equipment 

integration, preliminary testing, and 

other costs to design and manufacture 

the modified wood stove model) and 

other fixed costs per model (certification 

testing and safety testing, roll-out of the 

modified products including store 

display models and burn programs, 

brochures, user manuals, training and 

product discounts). The mid-point 

capital costs presented by Ferguson 

range from $1,743,750 to $2,162,300 

depending on the emission reduction 

range.15 We used these cost estimates in 

our analysis. 

As discussed earlier in section III.A, 

unlike the proposed rule, the final rule 

contains a Step 1 PM emission limit of 

0.32 lb/mmBtu and a Step 2 PM 

emission limit of 0.10 lb/mmBtu, with 

no alternative three-step PM emission 

limits. The comments overwhelmingly 

indicated that the three-step PM 

emission limit approach was inferior 

not only environmentally but also 

economically because it would, in 

effect, require many small 

manufacturers to engage in two rounds 

of R&D rather than one in order to 

obtain the same eventual endpoint. 

The Step 1 PM emission limit cost for 

modifying uncontrolled heaters to 

comply with 0.32 lb/mmBtu is a 

reasonable representation of model 

development costs for all models subject 

to subpart QQQQ, with some 

exceptions, described below. The 

Ferguson analysis shows that several of 

the cost components are identical across 

scenarios. The analysis claims that other 

cost components vary according to the 

specified emission reduction scenario; 

however, no support was provided for 

these claims in the Ferguson analysis. 

For purposes of our analysis, we used 

the scenario of uncontrolled to 0.32 lb/ 

mmBtu as a baseline case and modified 

it to reflect the deletion of cost 

categories that were inappropriate for 

the NSPS impact analyses, e.g., costs for 

trips to industry trade shows that would 

occur for all products regardless of the 

NSPS. 

For our final rule cost analysis, we 

used the mean hydronic heater costs 

estimated in Table 5–2 of the final RIA. 

These model development costs 

represent feasible costs for hydronic 

heaters. For forced-air furnaces, as we 

did at proposal, our analysis included 

the additional R&D that may be required 

to bring these heaters to qualifying 

levels. Rather than doubling total model 

development costs during the first 2 

years as we did at proposal, for the final 

rule analysis the R&D/Engineering cost 

portion of the total costs are doubled in 

mstockstill on DSK4VPTVN1PROD with RULES2

13690 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

the first 2 years, with ‘‘normal’’ model 

development proceeding thereafter. 

Details of our responses to cost 

comments are in the RTC document and 

the technical and cost memoranda in 

the docket for this final rule. 

2. Economic Impacts 

As discussed in detail in the RIA and 

summarized in section D.1 above, we 

received numerous comments on the 

costs, and we have adjusted our cost 

estimates as appropriate. Since the 

economic impacts are based on the costs 

and other factors, we have adjusted the 

economic impacts accordingly. The 

details of the adjustments are in the 

RIA, and a summary is in sections IV.C 

and VI of this preamble. 

F. Test Methods 

1. Crib Wood vs. Cord Wood 

We received a full range of comments 

on this issue, from complete support for 

the proposed cord wood testing 

requirements to complete opposition to 

requiring cord wood testing at this time. 

We considered all comments and 

focused on those that discussed the data 

in detail. As discussed earlier in section 

IV, based on the data and comments 

submitted, we have determined that it is 

premature to require a cord wood-based 

Step 2 PM emission limit at this time 

(except for forced-air furnaces for which 

CSA B415.1–10 already specifies cord 

wood as the test fuel). Rather, we are 

basing the Step 2 PM emission limit on 

crib wood testing and including an 

alternative compliance option to meet 

an emission limit based on cord wood 

testing, to encourage manufacturers to 

certify with cord wood as soon as 

possible to provide consumers with 

better information for their actual inhome-use performance. There are some 

manufacturers that already achieve the 

cord wood emission level and we expect 

that many more manufacturers will take 

this option and submit data that will 

inform development of a required cord 

wood certification test in a future 

rulemaking. 

Based on the existence of a viable 

draft cord wood test method and the 

expectation at proposal that the ASTM 

test methods for cord wood would be 

complete soon after proposal and that 

significant testing of wood heaters retuned to perform well on cord wood 

would occur before promulgation of this 

final rule, the EPA proposed to require 

testing only with cord wood for 

compliance with Step 2 emissions 

limits. We still encourage manufacturers 

to design wood heaters that best 

represent actual in-home-use 

performance on cord wood. However, 

the ASTM cord wood test methods have 

not been completed and only limited 

testing using the draft methods has 

occurred. For the cord wood alternative 

compliance option, we will consider 

approval of requested test methods on a 

case-by-case basis. We believe the 

current draft ASTM test methods are 

sufficient to be used, upon request, for 

the cord wood alternative compliance 

option until better test methods can be 

developed. We will also be receptive to 

other alternative test method requests 

that are adequately demonstrated, 

ideally according to the EPA Method 

301 validation procedures. (Note that 

forced-air furnaces are tested according 

to the cord wood test method already 

specified in CSA B415.1–10. 

2. Compliance for Individual Burn Rates 

Versus Weighted Averages 

We received a full range of comments 

on this issue, from complete support for 

the proposed Step 2 compliance for 

individual burn rates to using only the 

weighted averages similar to the 1988 

NSPS. We considered all comments and 

focused on those that discussed the data 

in detail. As mentioned earlier in 

section IV, based on the data and 

comments submitted, we have 

determined that the final rule will 

require weighted averages for Step 2 in 

subpart AAA and individual burn rates 

for Step 2 in subpart QQQQ. 

For subpart AAA Step 2 emission 

limits, we proposed to require 

certification compliance at the lowest 

burn rate (Category 1) and the maximum 

burn rate (Category 4) rather than the 

weighted average of the four burn rates, 

which was required in the 1988 rule. 

Many comments on the proposal and 

the data in the NODA strongly 

supported the proposed compliance 

determinations per individual burn 

rates. Many other comments strongly 

opposed the proposal. Considering all of 

the comments and focusing on the 

available test data, especially the EPA 

wood stove certification test data by 

burn rate that we included in the July 

1, 2014 NODA, we are requiring 

certification calculations based on the 

weighted average of the four burn rates 

for subpart AAA. As discussed earlier in 

section V.A, the data show that for 

weighted averages, 18 percent of 

noncatalytic stoves (that represent over 

80 percent of the market) achieve 2.0 g/ 

hr. However, on an individual burn rate 

basis, only 6 percent (7 of 110 stoves) 

achieve 2.0 g/hr, a relatively small 

percentage of wood stoves 

manufactured today. This supports our 

decision that a Step 2 limit of 2.0 g/hr, 

based on a weighted average of the 

multiple burn rates, better represents 

BSER for wood stoves/heaters subject to 

revised subpart AAA, compared to a 

Step 2 limit based on individual burn 

rates. 

For subpart QQQQ, the final rule 

retains the proposed Step 1 g/hr 

emission cap for all burn rates (for 

hydronic heaters) and the Step 2 

requirement for lb/mmBtu compliance 

at each burn rate (for both hydronic 

heaters and forced-air furnaces) given 

concerns about the sometimes very large 

emissions at individual burn rates. The 

emission limits reflect the data 

available. For a more detailed 

discussion of these comments and 

responses, see the RTC document in the 

docket for this rule. 

3. National Technology Transfer and 

Advancement Act (NTTAA) 

We received a full range of comments 

on this issue, from complete support to 

adamant disagreement with our 

determinations under the NTTAA at 

proposal that some portions of some of 

the ASTM test methods were not 

applicable or impractical for this rule 

because they did not achieve the 

Agency’s mission, goals and objectives. 

(The NTTAA directs agencies to use 

voluntary consensus standards 

whenever applicable methods are 

available unless they are impractical.) 

As discussed in the proposal preamble 

in section VI.I, the rule incorporates 

some voluntary consensus standards 

(VCS) by reference, including some 

ASTM methods and CSA B415.1–10. 

We could not use some ASTM test 

methods and other VCS because they 

were not applicable. That is, the 

inapplicable VCS did not fully achieve 

the intent of this rule or the primary 

mission of the Agency and many tribes, 

states and local agencies to protect 

human health and the environment. 

Some comments claimed that the EPA 

cannot take portions of VCS but rather 

must only use the whole VCS. That 

position is inconsistent with the intent 

of the NTTAA goal for reducing 

duplication of effort. That is, using 

valuable portions of VCS helps reduce 

potential duplicative efforts. 

Some comments suggested that 

because the EPA unofficial participants 

(the EPA employees who were not 

ASTM members but participated in 

some of the calls) in certain ASTM test 

method development efforts did not 

submit official negatives on the 

standard, that somehow that meant that 

the EPA approved all of the details of 

the draft ASTM test methods. The EPA 

participants often expressed that the 

draft test methods were not fully 

applicable to the needs of the EPA and 

states; but since the draft test methods 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13691 

may meet some of the immediate needs 

of the industry participants, the EPA did 

not want to stop the ASTM efforts to 

develop improved drafts. Further, the 

NTTAA guidance explicitly states that 

Agency participation does not indicate 

Agency approval or endorsement. 

4. Real World, Cold Starts, Cycling, 

Moisture, Heat Demand 

Many comments indicated a critical 

need for test methods that reflect the 

‘‘real world’’ with cord wood, cold 

starts, cycling, moisture, heat demand 

and shorter averaging periods. 

We strongly agree, and we will 

consider alternative cord wood test 

method requests on a case-by-case basis 

until we are convinced that improved 

test methods have been sufficiently 

demonstrated that they can be relied 

upon for regulatory purposes. 

Additionally, we expect that within the 

next few years we will receive enough 

‘‘real world’’ cord wood test data for the 

EPA to establish revised certification 

requirements based on those test data. 

G. Health Effects and Benefits 

A more detailed summary of the 

comments is in the RTC document in 

the docket. 

1. Additional Health Outcomes 

Several comments suggested that the 

EPA should expand its assessment of 

health benefits. 

The RIA includes all possible health 

impacts related to exposure to wood 

combustion-related PM2.5. Table 7–1 of 

the RIA on human health effects of 

ambient PM2.5 has an extensive list of 

the above mentioned health endpoints 

that were considered and monetized, 

including exacerbation of asthma among 

children. However, several were 

assessed qualitatively due to time and 

resource limitations. Table 7–2 of the 

RIA shows the results of the assessed 

health incidence reductions and related 

benefits from reduced PM2.5 exposure 

associated with the proposed option. 

2. Additional Pollutants and Outcomes 

Comments suggested that the EPA 

should expand its assessment to include 

benefits of reductions in CO and VOC 

and certain non- human health-related 

benefits including: environmental 

degradation; accelerated depreciation of 

capital; haze; contribution to 

anthropogenic climate change; and 

harm to pets and livestock. 

The EPA understands that the benefits 

assessment in the RIA reflects only a 

subset of the benefits attributable to the 

health effects reductions associated with 

ambient fine particles. Limitations in 

data, time and resources prevented the 

EPA from quantifying the impacts to, or 

monetizing the benefits from, several 

important benefits categories, including 

benefits associated with the potential 

exposure to ozone formation due to 

VOC emissions as a precursor, VOC 

emissions as a PM2.5 precursor, CO, as 

well as ecosystem effects, and visibility 

impairment due to the absence of air 

quality modeling data for these 

pollutants among others in this analysis. 

However, the EPA provided an 

extensive qualitative assessment of 

those benefits. The EPA realizes that the 

benefits presented are an underestimate 

of the overall benefits resulting from 

this rule and that these reductions will 

help with ozone and PM planning. 

3. Additional Benefits of Reducing 

Greenhouse Gases 

Comments suggested that we expand 

the benefits analyses to include the 

benefits of reducing greenhouse gases. 

The EPA agrees that there will be 

added benefits from assessing impacts 

of emission reductions of carbon 

dioxide (CO2), methane and black 

carbon. While we know that these 

emissions will be reduced along with 

the reductions of PM emission and the 

increases in efficiency of the affected 

heaters, we do not have robust 

emissions test data to make quantitative 

benefits analysis on climate change at 

this time. 

One commenter referred to the 

interagency Social Cost of Carbon (SCC) 

estimates. The comment suggested that 

(1) EPA should use SCC to reflect the 

monetized CO2 impacts of the proposed 

rule in the RIA; and (2) EPA should use 

the SCC estimates published in 2010 

instead of the updated SCC estimates 

published in 2013 because the updated 

estimates have not been subject to 

public comment. The SCC represents 

the monetized net damages of 

incremental changes in the amount of 

CO2 emissions in a given year. Given 

that CO2 impacts of the proposed rule 

were not analyzed, the SCC estimates 

were not used in the RIA. 

4. Uncertainty of ‘‘Value per Statistical 

Life’’ 

Commenters stated that the EPA’s use 

of the Value per Statistical Life (VSL)— 

that is, the monetized value attributable 

to mortality reduction—is a source of 

uncertainty. 

While the Agency is updating its 

guidance by incorporating the most upto-date literature and recent 

recommendations from the Science 

Advisory Board Environmental 

Economics Advisory Committee (SAB– 

EEAC), it has determined that a single, 

peer-reviewed estimate applied 

consistently best reflects the SAB–EEAC 

advice until updated guidance is 

available. Therefore, the EPA, after 

consulting with the Office of 

Management and Budget (OMB), has 

decided to use the value established in 

the 2000 Guidelines for all the EPA 

actions until a revised estimate can be 

fully vetted. 

The EPA will continue to look into 

approaches based on the best available 

science as appropriate. The EPA will 

continue to recommend the central 

estimate of $7.4 million ($2006), 

updated to the year of the analysis, be 

used in all benefits analyses that seek to 

quantify mortality risk reduction 

benefits regardless of the age, income, or 

other population characteristics of the 

affected population until revised 

guidance becomes available. This 

approach was vetted and endorsed by 

the Agency when the 2000 ‘‘Guidelines 

for Preparing Economic Analyses’’ were 

drafted. Although $7.4 million ($2006) 

remains EPA’s default guidance for 

valuing mortality risk changes, the 

Agency has considered and presented 

others and may well consider the 

commenter recommendation in future 

assessments. 

We agree that there is uncertainty. 

Recent analyses have estimated 

substantial increases in life expectancy 

and the number of life years gained due 

to improved PM2.5 air quality. For 

example, Hubbell (2006) estimated that 

reducing exposure to PM2.5 from air 

pollution regulations may result in an 

average gain of 15 years of life for those 

adults prematurely dying from PM2.5

exposure. In contrast, Pope et al. (2009) 

estimated changes in average life 

expectancy at birth over a 20-year 

period, suggesting that reducing 

exposure to air pollution may increase 

average life expectancy at birth by 

approximately 7 months, which was 15 

percent of the overall increase in life 

expectancy at birth from 1980 through 

2000. 

5. Uncertainty in the EPA Analyses 

Regarding the Constant Benefits-per-Ton 

Simplifying Assumption, DoseResponse Relationship, and Benefits 

Transfer Approach 

Comments suggested that the 

relationship between pollution and 

human health is more complex than the 

EPA’s simplifying assumptions and thus 

more uncertain. 

The EPA’s methods for quantifying 

health benefits of emission reductions 

are based on the best available peerreviewed science and methods that have 

withstood scrutiny from the EPA’s 

independent Science Advisory Board 

(SAB), the National Academy of 

mstockstill on DSK4VPTVN1PROD with RULES2

13692 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

16Memo to USEPA from EC/R, Inc. Estimated 

Emissions from Wood Heaters. January 2015. 

17Emission factors are based on EPA’s Residential 

Wood Combustion Tool version 4.1 with updates 

from the 2012 EPA report (Gullett et al. 

Environmental, Energy Market, and Health 

Characterization of Wood-Fired Hydronic Heater, 

Final Report, June 2012). 

18Memo to USEPA from EC/R, Inc. Derivation of 

wood heater model percentages meeting Step 2 

standards. November 2014. 

Sciences (NRC, 2002), and continuous 

interagency review. 

The RIA references a peer-reviewed 

manuscript and technical support 

document (TSD) that each describe the 

methods EPA employed to quantify the 

per-ton benefit of reducing fine particle 

levels from various sources. The air 

quality modeling attributed fine particle 

levels to residential wood heaters, 

holding all other sectors constant— 

giving us greater confidence that we 

have correctly characterized the air 

quality and health impacts attributable 

to this sector. 

With respect to the incidence of 

benefits among populations living in 

locations already attaining the primary 

NAAQS, the EPA acknowledges that 

primary NAAQS are set at a level 

deemed by the EPA Administrator to be 

protective of public health with an 

adequate margin of safety. At the same 

time, primary NAAQS are not set at a 

level of zero risk and there is no known 

threshold below which PM2.5 does not 

cause adverse health effects. Thus, the 

EPA recognizes that reducing the 

emissions level in those areas could still 

have health benefits. 

Additional detail of our responses is 

included in the final RIA. 

VI. Summary of Environmental, Cost, 

Economic, and Non-Air Health and 

Energy Impacts 

The EPA estimates the total 

annualized average nationwide costs 

associated with this rule would be $45.7 

million ($2013) over the timeframe of 

2015 through 2020. The economic 

impacts for industries affected by this 

rule over this same period, estimated as 

a percent of annual compliance cost to 

sales, range from 1.1 percent for 

manufacture of pellet stove models to 

17.1 percent for manufacture of 

hydronic heater models. These impacts 

do not presume any pass-through of 

impacts to consumers. With passthrough to consumers, these impact 

estimates to manufacturers will decline 

proportionate to the degree of passthrough. 

A. What are the air quality impacts? 

In section IV of the preamble to the 

proposed rule, we described the 

procedure we used to determine the air 

quality impacts on the industries 

affected by this rule. Following 

proposal, we revised the standards for 

room heaters and central heaters based 

on public comments. Table 6 is a 

summary of the revised estimated 

annual average emissions reductions 

over years 2015 through 2020 resulting 

from implementing the final NSPS 

compared to baseline conditions (for the 

years analyzed in the final RIA). As in 

the proposal, we developed emission 

factors for each appliance type and then 

applied those emission factors to 

shipment data for each of the appliance 

types subject to the final NSPS.16 We 

developed the emission factors using 

the EPA Residential Wood Combustion 

(RWC) emission estimation tool,17

which is a Microsoft Access database 

that compiles nationwide RWC 

emissions using county-level, processspecific data and calculations. The 

compilation of such data is a large, 

important, continually improving effort 

by the EPA and the states to ensure that 

we and the states have access to the best 

information available. For the final rule, 

we used the updated version of the tool. 

The updated tool includes the results of 

a peer-reviewed emission testing study 

of hydronic heaters conducted by the 

EPA Office of Research and 

Development and the New York State 

Energy Research and Development 

Agency. (The study was added to the 

docket prior to proposal but the tool was 

not updated until after proposal.) The 

results of that study show much higher 

emissions for hydronic heaters at 

baseline than we estimated at proposal. 

We have used the updated emission 

factors because they are based on the 

best available scientific information. We 

summed the estimated nationwide 

number of appliances and the estimated 

total tons of wood burned for each of the 

relevant product categories in the 

inventory and then made some 

adjustments/assumptions to the baseline 

RWC inventory to reflect emission 

characteristics specific to new units. As 

described below, to avoid any potential 

for overstating baseline emissions, we 

went a step further and assumed that all 

new shipments will meet the current 

State of Washington Department of 

Ecology limits, which are approximately 

40 percent less than the 1988 NSPS. 

Single burn rate stoves are not 

included in the RWC database as 

separate identifiable units. For our 

analysis, we used the same baseline 

emission factor as freestanding noncertified wood stoves. We used the 

average tons burned per appliance factor 

as representative of these stoves as well. 

After calculating a baseline average 

emission rate/appliance (or ‘‘emission 

inventory category’’), we multiplied the 

total tons of wood burned for the 

appliance by the RWC emission factor 

(adjusted as appropriate) to calculate the 

total tons of PM2.5 emissions. We 

divided this value by the number of 

appliances in the category to calculate 

the baseline average PM2.5 emissions per 

individual appliance. The next step was 

to develop emission factors representing 

the final NSPS. The timing of the NSPS 

emission limits used in this analysis 

matches the phased-in compliance 

dates. 

For the subpart AAA analysis, we 

used HPBA data from their 2010 

analysis that indicated that at least 90 

percent (130 out of 145 catalytic, noncatalytic and pellet stoves combined) 

already meet the Step 1 PM emission 

limit. Manufacturers are expected to 

focus on existing models that already 

meet the Washington State DOE limits 

in order to comply with the Step 1 PM 

emission limit. Furthermore, 

certification data 18 indicate that 26 

percent of non-catalytic and catalytic 

stoves combined and 70 percent of 

pellet stoves already meet the Step 2 PM 

emission limit. For our analysis, we 

used 26 percent of adjustable burn rate 

stoves and 70 percent of pellet stoves for 

the percentages that can already meet 

the Step 2 PM emission limit without 

intensive R&D efforts. Although 

previously unregulated and a less 

developed technology than adjustable 

burn rate stoves, single burn rate stove 

designs have been undergoing R&D in 

anticipation of the proposed NSPS and 

cleaner designs are in progress. 

For the subpart QQQQ analysis for 

hydronic heaters, we note that the Step 

1 PM emission limit is the EPA ‘‘Phase 

2’’ voluntary program lb/mmBtu 

weighted average emission limit is 

already met by 50 hydronic heater 

models built by U.S. manufacturers 

participating in the voluntary program. 

We also note that 19 additional 

qualification tests have been recently 

submitted to EPA and, if valid, all 19 

will be added as Phase 2 qualified 

models and Step 1 NSPS certified 

models. The NSPS Step 2 PM emission 

limit is already met by 9 hydronic 

heater models built by U.S. 

manufacturers participating in the 

voluntary program, as well as over 100 

European models per test method EN 

303–05 and over 20 pellet boilers (U.S. 

and European) that have been qualified 

in the RHNY program. Data indicate that 

at least 18 percent of current hydronic 

heater model designs can meet the Step 

2 emission limit without intensive R&D 

efforts. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13693 

19Market Research and Report on North 

American Residential Wood Heaters, Fireplaces, 

and Hearth Heating Products Market. Prepared by 

Frost & Sullivan. April 26, 2010. P. 31–32. 

20 Global Economic Outlook 2014, projections 

prepared by the Conference Board, May 2014 

update; http://www.conference-board.org/data/

globaloutlook.cfm. 

21Cost-Effectiveness Analysis of Alternative 

Hydronic Heater New Source Performance 

Standards, prepared for the Hearth, Patio, and 

Barbecue Association by NERA Economic 

Consulting, May 2014. (Attachment 3 of HPBA’s 

comment to the Docket EPA–HQ–OAR–2009–0734). 

22Cost-Effectiveness Analysis of Alternative 

Woodstove New Source Performance Standards, 

prepared for the HPBA by NERA Economic 

Consulting, May 2014. (Attachment 2 of HPBA’s 

comment to Docket EPA–HQ–OAR–2009–0734). 

23Comments on the proposed NSPS are available 

electronically through http://www.regulations.gov 

by searching Docket IDs EPA–HQ–OAR–2009–0734. 

For the subpart QQQQ analysis for 

forced-air furnaces, we note that the 

Step 1 PM emission limit is based on 

test data from certifications under the 

Canadian standard B415.1–10 (circa 

2010) and conversations with industry 

regarding cleaner forced-air furnace 

models currently being tested in R&D. 

As discussed earlier in this preamble, 

forced-air furnace designs able to meet 

the Step 2 limit are based on technology 

transferred from hydronic heater 

designs and/or wood stove designs. 

Next we used data in the Frost & 

Sullivan Market (F&S) report 19 on 2008 

shipments by product category, and F&S 

revenue forecasts which incorporated 

the weak economy in years 2009 and 

2010, to calculate the reduced number 

of shipments in years 2009 and 2010. 

Forced-air furnaces were outside the 

scope of the F&S report. Instead, we 

used manufacturer estimates of total 

industry sales in 2008 and applied the 

F&S market factors to estimate 

shipments through 2010. The F&S wood 

stove numbers included both certified 

and non-certified stoves, so we 

estimated numbers of non-certified 

stove shipments out of the total reported 

wood stove category (i.e., 40,000 single 

burn rate stoves shipped in 2008). These 

shipments were deleted from the total 

wood stove category shipments. We 

expanded the 2008 single burn rate 

estimate using the F&S factors. 

For years 2011 through 2029, 

estimated shipments are generally based 

on a forecasted revenue growth rate of 

2.0 percent, in keeping with the average 

annual growth in real U.S. GDP 

predicted by the Conference Board.20

Historically wood heater shipments 

have most closely corresponded to GDP, 

housing starts, and price of wood 

relative to natural gas. The overall trend 

in the projection is reasonable in the 

absence of additional specific shipment 

projections. We did not change the 

relative percentages of one type of 

residential wood heater versus other 

types of residential wood heaters over 

this time period. The only exceptions to 

the use of a 2.0 percent U.S. GDP-based 

growth rate are for years 2012 and 2018, 

in which we used industry estimates for 

hydronic heater and wood stove 

shipments, respectively. For year 2012, 

an HPBA consultant estimated there 

were 13,100 baseline hydronic heater 

sales.21 For year 2018, the same HPBA 

consultant projected there to be 100,000 

wood stove sales.22 We adjusted our 

estimated shipment data accordingly. 

Our cost effectiveness analysis (CE) is 

based on industry data that show that a 

given model design will often be sold 

for approximately 10 years before being 

redesigned (a 10-year ‘‘model design 

lifespan’’) and that each individual 

stove will be used for 20 years before it 

is replaced in a residence (a 20-year 

‘‘use/emitting appliance lifespan’’). 

These time periods were used to best 

characterize the actual model design 

and use lifespans. For proposal, we used 

a 20-year model design lifespan because 

many models developed for the 1988 

NSPS are still being sold (after 25 years), 

with many ‘‘new’’ models retaining the 

same internal working parts with merely 

exterior cosmetic changes. In response 

to comments on the proposed rule,23

however, in which some industry 

representatives commented that a 

shorter model lifespan is more typical, 

and provided data for models for several 

manufacturers, we reduced the model 

design lifespan to 10 years for this 

analysis. Regarding the emitting lifespan 

of the appliance, most wood heaters in 

consumer homes emit for at least 20 

years and often much longer. Therefore, 

our CE analysis tracks shipments 

through year 2029 (using a 10-year 

design life for a model meeting the Step 

2 emission limit in year 2020) and 

emissions through year 2048 (using a 

20-year emitting life for an appliance 

shipped in year 2029). 

Table 6 is a summary of the average 

emissions reductions over years 2015 

through 2020 resulting from 

implementing the NSPS compared to 

baseline conditions (for the years 

analyzed in the RIA). 

TABLE 6—ESTIMATED ANNUAL AVERAGE (2015–2020) AIR QUALITY IMPACTS 24

Appliance type 

PM2.5 (tons) VOC (tons) CO (tons) 

Baseline Revised 

NSPS 

Emission 

reduction Baseline Revised NSPS 

Emission 

reduction Baseline Revised NSPS 

Emission 

reduction 

Wood Heaters ............ 422 388 34 601 554 47 6,048 5,528 520 

Single Burn Rate 

Heaters ................... 922 238 684 1,597 326 1,271 6,954 3,830 3,124 

Pellet Heaters/Stoves 59 53 6 1 1 0 307 277 30 

Furnace: Indoor, Cord 

Wood ...................... 6,984 2,944 4,040 7,355 3,101 4,254 39,285 16,561 22,724 

Hydronic Heating Systems ........................ 3,844 338 3,506 4,048 356 3,692 21,623 1,902 19,721 

Total .................... 12,231 3,962 8,269 13,602 4,337 9,265 74,218 28,099 46,119 

Note: This table only includes the emissions during the first year of the life of each wood heater. That is, this table does not include the emissions that continue for the duration of the lifetime of each appliance’s use, typically greater than 20 years. The EPA acknowledges that this is an 

underestimate of the actual total emission impacts but this table is provided to allow comparisons on a first year basis. 

Minor discrepancies are due to rounding. 

mstockstill on DSK4VPTVN1PROD with RULES2

13694 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

24Memo to USEPA from EC/R, Inc. Estimated 

Emissions from Wood Heaters. January 2015. 

25Roman, et al., 2008. ‘‘Expert Judgment 

Assessment of the Mortality Impact of Changes in 

Ambient Fine Particulate Matter in the U.S.,’’ 

Environ. Sci. Technol., 42, 7, 2268–2274. 

26Fann, N., K.R. Baker, and C.M. Fulcher. 2012. 

‘‘Characterizing the PM2.5-related health benefits of 

emission reductions for 17 industrial, area and 

mobile emission sectors across the U.S.’’ 

Environment International 49 41–151. 

27U.S. Environmental Protection Agency (U.S. 

EPA). Regulatory Impact Analysis for the Final 

Revisions to the National Ambient Air Quality 

Standards for Particulate Matter. EPA–452/R–12– 

003. Office of Air Quality Planning and Standards, 

Health and Environmental Impacts Division. 

December 2012. Available at http://www.epa.gov/

pm/2012/finalria.pdf. 28U.S. Environmental Protection Agency. 

Technical support document: Estimating the benefit 

per ton of reducing PM2.5 precursors from 17 

sectors. Research Triangle Park, NC. January 2013. 

29 Krewski, C.A., III, R.T. Burnett, M.J. Thun, E.E. 

Calle, D. Krewski, K. Ito, and G.D. Thurston. 2002. 

‘‘Lung Cancer, Cardiopulmonary Mortality, and 

Long-term Exposure to Fine Particulate Air 

Pollution.’’ Journal of the American Medical 

Association 287:1132–1141. 

30Lepeule J, Laden F, Dockery D, Schwartz J 

2012. ‘‘Chronic Exposure to Fine Particles and 

Mortality: An Extended Follow-Up of the Harvard 

Six Cities Study from 1974 to 2009.’’ Environ 

Health Perspect. Jul;120(7):965–70. 

B. What are the benefits? 

Emission reductions associated with 

the requirements of this rule will 

generate substantial health benefits by 

reducing emissions of PM2.5, HAPs, as 

well as criteria pollutants and their 

precursors, including CO and VOC. 

VOC are precursors to PM2.5 and ozone. 

For this rule, we were only able to 

quantify the monetized health cobenefits associated with reduced 

exposure from directly emitted PM2.5. 

Our benefits reflect the average of 

annual PM2.5 emission reductions 

occurring between 2015 and 2020 

(inclusive). We estimate the monetized 

PM2.5-related health benefits of the 

residential wood heaters NSPS in the 

2015–2020 timeframe to be $3.4 billion 

to $7.6 billion (2013 dollars) at a 3- 

percent discount rate and $3.1 billion to 

$6.9 billion (2013 dollars) at a 7-percent 

discount rate. (These estimates are 

greater than the estimates at proposal 

because the emission reduction 

estimates are greater, as discussed in 

section VI.A of this preamble and the 

RIA.) Using alternate relationships 

between PM2.5 and premature mortality 

supplied by experts, higher and lower 

benefits estimates are plausible, but 

most of the expert-based estimates fall 

between these two estimates.25 A 

summary of the emission reduction and 

monetized benefits estimates for this 

rule at discount rates of 3 percent and 

7 percent is in Table 7 of this preamble. 

TABLE 7—SUMMARY OF MONETIZED PM2.5-RELATED HEALTH BENEFITS FOR PROPOSED RESIDENTIAL WOOD HEATERS

NSPS IN 2015–2020 TIMEFRAME

[millions of 2013 dollars] abc

Pollutant 

Estimated 

emission 

reductions 

(tpy) 

Total monetized benefits 

(3% discount rate) 

Total monetized benefits 

(7% discount rate) 

Directly emitted PM2.5 ...................................................................................... 8,269 $3,400 to $7,600 $3,100 to $6,900 

PM2.5 Precursors 

VOC ................................................................................................................. 9,265 

aAll estimates are for the 2015–2020 timeframe (inclusive) and are rounded to two significant figures so numbers may not sum across rows. 

The total monetized benefits reflect the human health benefits associated with reducing exposure to PM2.5 through reductions of PM2.5 precursors, such as NOX, and directly emitted PM2.5. It is important to note that the monetized benefits do not include reduced health effects from exposure to HAP, direct exposure to NO2, exposure to ozone, VOC, ecosystem effects, effects from black carbon or visibility impairment. bPM benefits are shown as a range from Krewski, et al. (2009) to Lepeule, et al. (2012). cThese models assume that all fine particles, regardless of their chemical composition, are equally potent in causing premature mortality because the scientific evidence is not yet sufficient to allow differentiation of effects estimates by particle type. 

These benefit estimates represent the 

monetized human health benefits for 

populations exposed to less PM2.5 from 

emission limits established to reduce air 

pollutants in order to meet this rule. 

Due to analytical limitations, it was not 

possible to conduct air quality modeling 

for this rule. Instead, we used a 

‘‘benefit-per-ton’’ approach to estimate 

the benefits of this rulemaking. To 

create the benefit-per-ton estimates, this 

approach uses a model to convert 

emissions of PM2.5 precursors into 

changes in ambient PM2.5 levels and 

another model to estimate the changes 

in human health associated with that 

change in air quality, which are then 

divided by the emissions in specific 

sectors. These benefit-per-ton estimates 

were derived using the approach 

published in Fann, et al., (2012),26 but 

they have since been updated to reflect 

these studies and population data in the 

2012 p.m. NAAQS RIA.27 Specifically, 

we multiplied the benefit-per-ton 

estimates from the ‘‘Residential Wood 

Heaters’’ category by the corresponding 

emission reductions.28 All nationalaverage benefit-per-ton estimates reflect 

the geographic distribution of the 

modeled air quality. The air quality 

modeling may not reflect the local 

variability in population density, 

meteorology, exposure, baseline health 

incidence rates, or other local factors for 

any specific location. More information 

regarding the derivation of the benefitper-ton estimates for this category is 

available in the technical support 

document, which is referenced in 

footnote 26 and is available in the 

docket. 

These models assume that all fine 

particles, regardless of their chemical 

composition, are equally potent in 

causing premature mortality because the 

scientific evidence is not yet sufficient 

to allow differentiation of effects 

estimates by particle type. Even though 

we assume that all fine particles have 

equivalent health effects, the benefitper-ton estimates vary between 

precursors depending on the location 

and magnitude of their impact on PM2.5

levels, which drive population 

exposure. 

It is important to note that the 

magnitude of the PM2.5 benefits is 

largely driven by the concentration 

response function for premature 

mortality. We cite two key empirical 

studies, one based on the American 

Cancer Society cohort study 29 and the 

extended Six Cities cohort study.30 In 

the RIA for this rule, which is available 

in the docket, we also include benefits 

estimates derived from expert 

judgments (Roman et al., 2008) as a 

characterization of uncertainty 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13695 

31U.S. Environmental Protection Agency (U.S. 

EPA). 2009. Integrated Science Assessment for 

Particulate Matter (Final Report). EPA–600–R–08– 

139F. National Center for Environmental 

Assessment—RTP Division. December. Available on 

the Internet at http://cfpub.epa.gov/ncea/cfm/

recordisplay.cfm?deid=216546. 

32RIA for the Final Residential Wood Heaters 

NSPS. 

33Memo to USEPA from EC/R, Inc. Residential 

Heater Manufacturer Cost Impacts. January 2015. 

34Memo to USEPA from EC/R, Inc. Unit Cost 

Estimates of Residential Wood Heating Appliances. 

January 2015. 

35 In developing average R&D costs, we used the 

highest industry R&D estimates supplied for cost 

components we deemed attributable to the NSPS, 

in order to avoid under-estimating potential costs 

per model line. We also assumed no model 

consolidation to avoid understating the number of 

model lines that would undergo R&D nationwide. 

36RIA for the Final Residential Wood Heaters 

NSPS. 

37Memo to USEPA from EC/R, Inc. Residential 

Heater Cost Effectiveness Analysis. January 2015. 

regarding the PM2.5-mortality 

relationship. 

Considering a substantial body of 

published scientific literature, reflecting 

thousands of epidemiology, toxicology, 

and clinical studies, the EPA’s 

Integrated Science Assessment for 

Particulate Matter 31 documents the 

association between elevated PM2.5

concentrations and adverse health 

effects, including increased premature 

mortality. This assessment, which was 

reviewed twice by the EPA’s 

independent Clean Air Scientific 

Advisory Committee, concluded that the 

scientific literature consistently finds 

that a no-threshold model most 

adequately portrays the PM-mortality 

concentration-response relationship. 

Therefore, in this analysis, the EPA 

assumes that the health impact function 

for fine particles is without a threshold. 

In general, we are more confident in 

the magnitude of the risks we estimate 

from simulated PM2.5 concentrations 

that coincide with the bulk of the 

observed PM concentrations in the 

epidemiological studies that are used to 

estimate the benefits. Likewise, we are 

less confident in the risk we estimate 

from simulated PM2.5 concentrations 

that fall below the bulk of the observed 

data in these studies. Concentration 

benchmark analyses [e.g., lowest 

measured level (LML) or one standard 

deviation below the mean of the air 

quality data in the study] allow readers 

to determine the portion of population 

exposed to annual mean PM2.5 levels at 

or above different concentrations, which 

provides some insight into the level of 

uncertainty in the estimated PM2.5

mortality benefits. There are 

uncertainties inherent in identifying any 

particular point at which our confidence 

in reported associations becomes 

appreciably less, and the scientific 

evidence provides no clear dividing 

line. However, the EPA does not view 

these concentration benchmarks as a 

concentration threshold below which 

we would not quantify health benefits of 

air quality improvements. 

For this analysis, policy-specific air 

quality data are not available. Thus, we 

are unable to estimate the percentage of 

premature mortality associated with this 

specific rule’s emission reductions at 

each PM2.5 level. As a surrogate measure 

of mortality impacts, we provide the 

percentage of the population exposed at 

each PM2.5 level using the source 

apportionment modeling used to 

calculate the benefit-per-ton estimates 

for this sector. Using the Krewski, et al., 

(2009) study, 93 percent of the 

population is exposed to annual mean 

PM2.5 levels at or above the LML of 5.8 

mg/m3. Using the Lepeule, et al., (2012) 

study, 67 percent of the population is 

exposed above the LML of 8 mg/m3. It 

is important to note that baseline 

exposure is only one parameter in the 

health impact function, along with 

baseline incidence rates, population, 

and change in air quality. Therefore, 

caution is warranted when interpreting 

the LML assessment for this rule. 

Every benefit analysis examining the 

potential effects of a change in 

environmental protection requirements 

is limited, to some extent, by data gaps, 

model capabilities (such as geographic 

coverage) and uncertainties in the 

underlying scientific and economic 

studies used to configure the benefit and 

cost models. Despite these uncertainties, 

the benefit analysis for this rule 

provides a reasonable indication of the 

expected health benefits of the 

rulemaking under a set of reasonable 

estimations. 

One should note that the monetized 

benefits estimates provided above do 

not include benefits from several 

important benefit categories, including 

exposure to HAP, VOC and ozone 

exposure, as well as ecosystem effects, 

visibility impairment and greenhouse 

gas impacts. Although we do not have 

sufficient information or modeling 

available to provide monetized 

estimates for these benefits in this rule, 

we include a qualitative assessment of 

these unquantified benefits in the RIA 32

for this final rule. 

For more information on the benefits 

analysis, please refer to the RIA for this 

rule, which is available in the docket. 

C. What are the cost impacts? 

In analyzing the potential cost 

impacts of the NSPS, we considered two 

types of impacts. The first was the 

impact to the manufacturer to comply 

with the proposed standards. The 

second was the increase in price of the 

affected unit. In both of these cases, we 

considered the same input variables: 

Research and development (R&D) cost to 

develop and certify complying model 

lines, certification costs (where these are 

separate from R&D), reporting and 

recordkeeping costs, numbers of 

shipments of each appliance category 

(modified, from Frost & Sullivan report), 

number of manufacturers, and number 

of models per manufacturer. This 

section of the preamble contains a 

summary of these costs. For more 

detailed information, see the 

manufacturer cost impact memo 33 and 

unit cost memo 34 in the docket. Unless 

otherwise specified, all costs are in 2013 

dollars. 

As discussed in detail in section IV.C, 

we reviewed information provided by 

HPBA and manufacturers. Based on this 

information, we estimated 35 average 

costs to develop a new model line. The 

estimates of the cost of R&D are crucial 

to our estimates of overall costs and 

economic impacts and greatly influence 

our decisions on BSER and 

implementation lead times. We 

annualized the R&D costs over 6 years, 

applied the NSPS implementation 

assumptions, and estimated the average 

manufacturing cost per model line per 

manufacturer. 

The estimate of the number of model 

types was derived from information 

provided by HPBA, individual 

manufacturers, and Internet searches of 

product offerings. For numbers of 

manufacturers, we started with HPBA 

data and modified the dataset based on 

Internet searches of manufacturers of 

the major appliance types. Table 8 is a 

summary of the nationwide average 

annual NSPS-related cost increases to 

manufacturers. The average annual cost 

increases are presented over the 2015 to 

2020 period consistent with the years 

analyzed in the RIA,36 but were also 

analyzed over the 2015 to 2029 period. 

The 2015 to 2029 period encompasses 

the 2015 NSPS compliance year through 

the life span of models designed to meet 

the NSPS, as explained further below 

and in our background analyses.37

TABLE 8—SUMMARY OF NATIONWIDE

AVERAGE ANNUAL COST INCREASES

[2013$] 

Appliance type 2015–2020 

Period 

Wood Heaters ........................... $3,020,000 

Single Burn Rate Heaters ........ 870,000 

Pellet Heaters/Stoves ............... 1,520,000 

Forced-Air Furnaces ................. 15,360,000 

mstockstill on DSK4VPTVN1PROD with RULES2

13696 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

38Memo to USEPA from EC/R, Inc. Unit Cost 

Estimates of Residential Wood Heating Appliances. 

January 2015. 

39NSPS Review and Comments. Confidential 

Business Information. September 2010. 

40Confidential Business Information. 

41Cost-Effectiveness Analysis of Alternative 

Hydronic Heater New Source Performance 

Standards. Prepared by NERA Consulting for the 

Hearth, Patio and Barbecue Association. May 2014. 

p. 10. 

TABLE 8—SUMMARY OF NATIONWIDE

AVERAGE ANNUAL COST INCREASES—Continued 

[2013$] 

Appliance type 2015–2020 

Period 

Hydronic Heating Systems ....... 24,880,000 

Total Average Annual Cost ... 45,660,000 

To develop estimates of potential unit 

cost increases, we used major variables 

including the estimated number of units 

shipped per year, the costs to develop 

new models, baseline costs of models, 

and the schedule by which the revised 

NSPS would be implemented. Both the 

number of shipped units and the 

baseline costs of models (manufacturers’ 

cost not retail price) were initially based 

on data from the Frost & Sullivan report 

with modifications to address additional 

appliances or subsets of appliances and 

industry comments as discussed in our 

background analyses.38 We also 

estimated the potential additional 

manufacturing costs to make NSPS 

complying models. These expenses 

result from the use of more expensive 

structural materials, components to 

enhance good combustion, etc. We 

estimated the following additional 

manufacturing costs per unit based on 

appliance type: 

• Certified wood stoves and pellet 

stoves represent a well-developed 

technology and we could not identify 

price differences between models with 

lower emission levels compared to 

models with higher emission levels. 

Some stoves with lower emission sell 

for less than some stoves with higher 

emissions and vice versa. Therefore, we 

have assumed no additional 

manufacturing costs. 

• One manufacturer estimated that it 

will cost an average of $100 more to 

manufacture a lower emitting single 

burn rate product (exclusive of 

recovering R&D cost), which we 

updated to 2013 ($), approximately 

$110.39

• We have limited information that 

indicates the cost to produce a forcedair furnace that complies with a Step 1 

emission limit is approximately 75 

percent more, or $1,700 (exclusive of 

recovering R&D cost).40

• As can be seen in hydronic heater 

market survey results, the prices of 

qualified model hydronic heaters range 

from $6,995 to $15,395, with the average 

retail price of $10,193. We adjusted this 

value to exclude the 25 percent retail 

markup, resulting in a manufacturers’ 

cost estimate of $8,154.41 We estimated 

an approximate increase of $3,200 to 

manufacture a qualified unit compared 

to an unqualified unit. 

Our next step was to develop the 

following incremental cost formula: 

Cost of amortized R&D multiplied by 

number of models divided by number of 

units shipped per year equals the 

incremental cost of developing a new 

unit, spread over the number of units 

expected to be sold during a given year 

in the 6-year model development 

period. In developing this calculation, 

we included the concept that the R&D 

costs per model line are recovered in the 

sales price of future models, which 

means that the more units that are sold, 

the lower the incremental cost per unit. 

For our unit cost analysis, we used a flat 

rate in shipments—that is, future 

shipments over the 6-year model 

development period would be equal to 

the shipments estimated in the first year 

of the 6-year model development period 

(2015). The flat rate was used because 

we had no basis for concluding that 

sales of a given model line would 

increase or decrease over time due to 

market competition with other wood 

heaters or non-wood heaters, changes in 

consumer demand, changes in the 

relative price for that model compared 

to other models or any other factors. 

Where there are additional 

manufacturing costs as discussed above, 

we added these to the unit cost number. 

Table 9 shows the change in cost to 

develop and manufacture a stove from 

baseline (before the NSPS revisions) to 

after the NSPS revisions are 

implemented. The economic impacts of 

these costs are discussed in section C, 

‘‘What are the economic impacts?’’ 

More information on both the costs and 

economic impacts is available in the 

RIA. 

TABLE 9—SUMMARY OF UNIT COSTS

[Appliance prices in 2013$] 

Appliance type 

Cost at 

baseline 

(2014) 

Total cost 

during NSPS 

model 

development 

(2015–2020) 

Incremental 

cost increase 

(to recover 

amortized 

costs) 

Certified Wood Heaters ............................................................................................................... $1,259 $1,307 $48 

Single Burn Rate Heaters ............................................................................................................ 271 410 139 

Pellet Heaters/Stoves .................................................................................................................. 1,384 1,430 46 

Forced-Air Furnaces .................................................................................................................... 974 3,225 2,251 

Hydronic Heating Systems .......................................................................................................... 4,923 10,287 5,364 

More information is available in the RIA. 

D. What are the economic impacts? 

The economic impacts of the rule are 

estimated using industry-level estimates 

of annualized compliance cost to value 

of shipments (receipts) for affected 

industries. In this case, cost-to-receipts 

ratios approximate the maximum price 

increase needed for a producer to fully 

recover the annualized compliance costs 

associated with a regulation. Essentially, 

the revenues to producers will likely 

fully cover the annualized compliance 

cost incurred by producers at this 

maximum price increase. Any price 

increase above the cost-to-receipts ratio 

provides revenues that exceed the 

compliance costs. These industry level 

cost-to-receipts ratios can be interpreted 

as an average impact on potentially 

affected firms in these industries. Costto-receipts ratios for the affected 

product types range from 1.1 percent for 

pellet heaters/stoves to up to 17.1 

percent for hydronic heaters. More 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13697 

information on how these impacts are 

estimated can be found in Chapters 5 

and 6 of the RIA. 

In estimating the net benefits of 

regulation, the appropriate cost measure 

is ‘‘social costs.’’ Social costs represent 

the welfare costs of the rule to society 

and fully represent the cost impacts 

regardless of whether they are 

ultimately borne by manufacturers or 

consumers. Social costs are best 

approximated by the compliance costs 

estimated for this rule. Thus, the 

annualized social costs are best 

estimated to be $45.7 million, based on 

the estimate of costs to manufacturers 

and assuming no cost pass-through to 

consumers. Several comments noted 

that these potential price increases can 

often be offset by the homeowner in one 

or two heating seasons by the reduced 

cost of fuel due to the increased heating 

efficiencies. More information on how 

these social costs are estimated can be 

found in Chapter 5 of the RIA. 

E. What are the non-air quality health 

and energy impacts? 

These NSPS are anticipated to have 

no impacts or only negligible impacts 

on water quality or quantity, waste 

disposal, radiation or noise. To the 

extent new NSPS models are more 

efficient, that would lead to reduced 

wood consumption, thereby saving 

timber and preserving woodlands and 

vegetation for aesthetics, erosion 

control, carbon sequestration, and 

ecological needs. 

It is difficult to determine the precise 

energy impacts that might result from 

this rule. On the one hand, to the extent 

that the NSPS wood-fueled appliance is 

more efficient, energy outputs per mass 

of wood fuel consumed will rise. 

However, wood-fueled appliances 

compete with other biomass forms as 

well as more traditional oil, electricity, 

and natural gas. Robust data are not 

available for us to be able to determine 

the potential for consumers to choose 

other types of fuels and their associated 

appliances if the consumer costs of 

wood-fueled appliances increase and at 

what level that increase would drive 

consumer choice. Similarly, robust data 

are not available for us to determine the 

degree to which better information on 

the energy efficiency of the NSPS 

appliances will encourage consumers to 

choose new wood-fueled appliances 

over other new appliances. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is an economically 

significant regulatory action that was 

submitted to the Office of Management 

and Budget (OMB) for review. Any 

changes made in response to OMB 

recommendations have been 

documented in the docket. The EPA 

prepared an analysis of the potential 

costs and benefits associated with this 

action. This analysis, ‘‘Regulatory 

Impact Analysis (RIA) for Residential 

Wood Heaters NSPS Revision, Final 

Report’’ (EPA–452/R–15–001), is 

available in the docket. 

A summary of the monetized benefits 

and net benefits for the final rule at 

discount rates of 3 percent and 7 

percent is in Table 1 of this preamble, 

and a more detailed discussion of the 

benefits is found in section IV.B of this 

preamble. For more information on the 

benefits analysis, please refer to the RIA 

for this rulemaking, which is available 

in the docket. For more information on 

the cost analysis, please refer to the RIA 

or cost memoranda prepared for this 

rulemaking, all of which is available in 

the docket. 

B. Paperwork Reduction Act (PRA) 

The information collection 

requirements in the rule have been 

submitted for approval to OMB under 

the PRA. The Information Collection 

Request (ICR) documents that the EPA 

prepared for each subpart have been 

assigned the EPA ICR number 1176.12 

for subpart AAA and ICR number 

2442.02 for subpart QQQQ. You can 

find a copy of the ICR documents in the 

docket for this rule, and they are briefly 

summarized here. The new information 

collection requirements are not 

enforceable until OMB approves them. 

This final rule will require 

manufacturers of new residential wood 

heating devices to submit applications 

for certification of model lines, to 

submit results of emissions tests 

conducted to demonstrate that the 

model lines would comply with the 

emission limits and produce certified 

units according to a quality control plan 

approved by an independent certifying 

body. Manufacturers must submit a 

notification of the initial test and 

biennial reports that each certified 

model line remains unchanged. They 

must also maintain records of all 

certification data, maintain results of 

quality assurance program inspections 

and emissions test data, and seal and 

store the tested appliance. 

Consistent with the current ICR for 

subpart AAA, we have included costs to 

manufacture and apply permanent 

labels on each applicable unit prior to 

sale. These labels provide important 

compliance information to enforcement 

officials and important information to 

consumers for purchasing appliances. 

The amended NSPS allows (voluntary) 

use of EPA temporary labels for the 

cleanest heaters in order to provide 

consumers the ability to select wood 

heaters that meet or exceed the Step 2 

standards prior to the 2020 compliance 

date. This voluntary temporary label 

option ends upon the 2020 compliance 

date. Furthermore, the amended NSPS 

also allows (voluntary) use of temporary 

EPA labels to indicate wood heaters that 

meet Step 2 based on cord wood instead 

of crib wood, allowing consumers to 

select heaters better tuned to in-home 

performance. The cost of the voluntary 

temporary labels are not included 

because they are not required. 

Test laboratories that want to conduct 

NSPS certification testing will need to 

apply for approval, conduct proficiency 

testing and report the results of all such 

testing. The approved laboratories must 

maintain records of all certification 

tests, proficiency tests and compliance 

audit test data. 

The required notifications are used to 

inform the agency when a new model 

line is expected to be tested. The EPA 

and states may then observe the testing, 

if desired. Emissions test reports are 

needed as these are the agency’s record 

of a model line’s initial capability to 

comply with the emission limit, and 

serve as a record of the operating 

conditions under which compliance 

was achieved. All information 

submitted to the EPA for which a claim 

of confidentiality is made (e.g., design 

drawings) will be safeguarded according 

to the EPA regulations set forth in 40 

CFR 2.201 et seq., Chapter 1, Part 2, 

Subpart B—Confidentiality of Business 

Information. 

Adequate recordkeeping and 

reporting are necessary to ensure 

compliance with these standards as 

required by the CAA. The information 

collected from recordkeeping and 

reporting requirements is also used for 

prioritizing inspections and is of 

sufficient quality to be used as evidence 

in court. We have reviewed all the 

current requirements and have removed 

the portions of the recordkeeping that 

are not necessary. 

The EPA considered how to minimize 

the potential ICR burdens and has 

incorporated several features that make 

a major paperwork reduction impact. 

mstockstill on DSK4VPTVN1PROD with RULES2

13698 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

For example, the rule allows one 

representative heater to be tested for a 

model line rather than requiring every 

heater to be tested. The revised subpart 

AAA itself ‘‘deems’’ automatic EPA 

certification of heaters that have EPA 

certifications under the 1988 NSPS that 

show that they would meet the Step 1 

emission limits until Step 2. That is, no 

additional certification is required until 

Step 2. Also, the new subpart QQQQ 

deems automatic EPA NSPS Step 1 

certification for hydronic heaters with 

valid EPA Phase 2 qualifications under 

the EPA Hydronic Heater Partnership 

Agreement of October 12, 2011 or 

hydronic heaters or forced-air furnaces 

certified by the NYSDEC that show 

compliance with the Step 1 emission 

levels. That is, no additional 

certification is required until Step 2. 

Also, residential pellet hydronic 

heaters/boilers that have been qualified 

under the Renewable Heat New York 

(RHNY) program will be automatically 

deemed EPA certified to meet the NSPS 

Step 1 and no additional certification is 

required until Step 2 provided that they 

comply with the RHNY requirements for 

installation and operation with adequate 

thermal storage. 

Respondents/affected entities: 

Manufacturers of new residential wood 

heaters and laboratories that conduct or 

plan to conduct wood heater 

certification tests. 

Respondent’s obligation to respond: 

Mandatory under section 111 of the 

CAA. 

Estimated number of respondents: 72 

respondents under subpart AAA (66 

manufacturers and 6 testing 

laboratories); 41 respondents under 

subpart QQQQ (37 manufacturers and 4 

testing laboratories). 

Frequency of responses: once per 

model line, annually, biennially, 

variable and/or infrequent. 

Total estimated burden: 2,947 labor 

hours (per year) under subpart AAA; 

2,337 labor hours (per year) under 

subpart QQQQ. Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: $1,716,990 (per 

year) under subpart AAA, includes 

$1,466,440 annualized capital and 

operation & maintenance costs; 

$3,383,100 (per year) under subpart 

QQQQ, includes $3,191,200 annualized 

capital and operation & maintenance 

costs. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. When 

OMB approves this ICR, the agency will 

announce that approval in the Federal 

Register and publish a technical 

amendment to 40 CFR part 9 to display 

the OMB control number for the 

approved information collection 

activities contained in this final rule. 

C. Regulatory Flexibility Act (RFA) 

Pursuant to sections 603 and 609(b) of 

the RFA, the EPA prepared an initial 

regulatory flexibility analysis (IRFA) for 

the proposed rule and convened a Small 

Business Advocacy Review (SBAR) 

Panel to obtain advice and 

recommendations from small entity 

representatives that potentially would 

be subject to the rule’s requirements. 

Summaries of the IRFA and Panel 

recommendations are presented in the 

proposed rule at 79 FR 6329. 

As required by section 604 of the 

RFA, the EPA prepared a final 

regulatory flexibility analysis (FRFA) for 

this action. The FRFA addresses the 

issues raised by public comments on the 

IRFA for the proposed rule. The 

complete FRFA is available for review 

in the docket and is summarized here. 

• Reason Why Action Is Being 

Considered. As discussed earlier in this 

preamble, this final rule was developed 

following CAA section 111(b)(1)(B) 

review of the existing residential wood 

heater NSPS, and because emissions 

from residential wood heaters can be a 

significant source of air pollution, and 

thus adverse health effects, in some 

areas. 

• Statement of Objectives and Legal 

Basis of Rule. As discussed earlier in 

this preamble, the EPA is amending 

Standards of Performance for New 

Residential Wood Heaters and adding 

one new subpart, Standards of 

Performance for New Residential 

Hydronic Heaters and Forced-Air 

Furnaces. This final rule achieves 

several objectives, including applying 

updated emission limits that reflect 

BSER; improving coverage of the broad 

suite of residential wood heaters; 

improving the test methods; and 

streamlining the certification process. 

This final rule does not include any 

requirements on heaters solely fired by 

coal, gas or oil. This final rule does not 

establish new emissions limits for 

existing heaters. This rule was 

developed under the authority of CAA 

section 111. 

• Response to Any Comments to the 

Proposed Rule Filed by the Chief 

Counsel for Advocacy of the SBA. The 

SBA’s Chief Counsel for Advocacy did 

not file any comments to the proposed 

rule. 

• Description and Estimate of the 

Number of Small Entities. As discussed 

earlier in this preamble, small entities 

that the EPA anticipates being affected 

by this rule will include almost all 

manufacturers of residential wood 

heaters. We estimate that roughly 250– 

300 U.S. companies manufacture 

residential wood heaters. 

Approximately 90 percent of these 

manufacturers meet the SBA smallentity definition of having fewer than 

500 employees. 

• Description of reporting, 

recordkeeping and other compliance 

requirements. The reporting and 

recordkeeping requirements are 

described in the section immediately 

above (B. Paperwork Reduction Act). As 

discussed there, the information 

collection requirements (ICR), including 

reporting and recordkeeping, in this rule 

have been submitted for approval to 

OMB under the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. For subpart 

AAA, we estimated the potential annual 

burden averaged over the first 3 years of 

the ICR to be a total of 2,947 labor hours 

per year at a total labor cost of $250,551 

per year and an average annual labor 

burden per response of 12 hours. For 

subpart QQQQ, we estimated 2,337 

labor hours per year at a total labor cost 

of $191,904 per year and an average 

annual labor burden per response of 12 

hours. 

• Description of other compliance 

requirements. As described earlier in 

this preamble, this rule will apply 

updated emission limits that reflect the 

current best systems of emission 

reduction (BSER) and improve the 

coverage of the expanded variety of 

types of residential wood heaters. We 

estimate the NSPS’s total annualized 

average nationwide costs will be $45.7 

million (2013$) over the 2015 through 

2020 period. The economic impacts for 

industries affected by this rule over this 

same period range from 1.1 percent for 

manufacture of pellet stove models to as 

much as 17.1 percent compliance costto-sales estimate for manufacture of 

hydronic heater models. These impacts 

do not presume any pass-through of 

impacts to consumers. With passthrough to consumers, these impact 

estimates to manufacturers will decline 

proportionate to the degree of passthrough. We estimate that small entities 

will have annualized costs of greater 

than 1 percent of their sales in all 

affected industries, and NAICS 442299 

with receipts less than $10 million. 

Those establishments in NAICS 332510, 

333414 and 423720 with cost-to-receipt 

ratios higher than 1 percent account for 

90 percent of small entities affected in 

these industries. Establishments in 

NAICS 442299 with cost-to-receipt 

ratios higher than 1 percent account for 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13699 

42Also, as noted in the proposal preamble in the 

discussion of development of the proposed 

hydronic heater emission limits, the EPA worked 

with the hydronic heater industry in 2006 to 

develop a voluntary partnership program to 

encourage manufacture of cleaner models, 

www.epa.gov/burnwise/participation. 

99 percent of small entities affected in 

these industries. 

• Relevant federal rules that may 

overlap or conflict with this rule. There 

are no other relevant federal rules. 

• Significant alternatives. The 

significant alternatives to this rule, 

especially those that might minimize 

potential impacts on small entities, are 

presented in the remainder of this 

section. 

As required by section 609(b) of the 

RFA, as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA), the EPA also convened a 

Small Business Advocacy Review Panel 

(Panel) to obtain advice and 

recommendations of representatives of 

the small entities that potentially would 

be subject to the rule’s requirements. 

The following paragraphs describe the 

process, the type of small entity 

representatives, the outreach efforts and 

the Panel members. 

Well before beginning the formal 

SBREFA process, the EPA actively 

engaged in outreach with HPBA, MHA 

and PFI and many of their member 

companies to discuss the rule under 

development and to provide these 

contacts with an early opportunity to 

ask questions and discuss their 

concerns.42 The EPA provided each 

small business with general information 

on the SBREFA process and background 

information on the NSPS rulemaking 

process and current schedule. 

Based on consultations with the SBA, 

and resulting from solicited selfnominations, we prepared a list of 30 

potential Small Entity Representatives 

(SERs), from residential wood heating 

appliance manufacturers (wood heaters, 

pellet heaters/stoves, hydronic heaters, 

forced-air furnaces and masonry 

heaters), other wood-burning appliance 

manufacturers (fireplaces, cook stoves), 

equipment suppliers, chimney sweeps, 

test laboratories, masons and trade 

associations. Once the official pre-Panel 

process began and potential SERs were 

identified, the EPA held an outreach 

meeting with the potential SERs and 

invited representatives from the Office 

of Advocacy of the Small Business 

Administration (OA/SBA) and the 

Office of Information and Regulatory 

Affairs within the Office of Management 

and Budget (OIRA/OMB) on June 29, 

2010, to solicit their feedback on the 

upcoming proposed rulemaking. 

Representatives from 26 of the 30 

companies and organizations that we 

selected as potential SERs for this 

SBREFA process participated in the 

meeting (in person and by phone). At 

that meeting, the EPA solicited written 

comments from the potential SERs, 

which were later summarized and 

shared with the Panel as part of the 

convening document. 

The SBAR Panel convened on August 

4, 2010. The Panel consisted of 

representatives of the EPA, OA/SBA and 

OIRA/OMB. The Panel held a formal 

outreach meeting/teleconference with 

the SERs on August 25, 2010. To help 

the SERs prepare for this meeting, on 

August 11, 2010, the Panel sent a list of 

questions, preliminary cost information 

and other materials to each of the SERs 

via email. Additional materials were 

emailed to the SERs on August 19, 2010. 

The Panel provided the opportunity for 

questions and comment during the 

meeting on various aspects of the 

proposal being developed, including the 

expanded scope of the rule, changes to 

the current requirements under 

consideration, preliminary cost 

information and follow up from the June 

29, 2010, meeting on the SERs’ ideas for 

regulatory flexibility. During the August 

25 meeting, SERs voiced general 

support for the planned proposed rule 

and shared specific concerns with the 

Panel members. As a result of this 

meeting, the EPA received many useful 

verbal comments, and the EPA received 

many helpful written comments by 

September 10, 2010. 

Consistent with the RFA/SBREFA 

requirements, the Panel evaluated the 

assembled materials and small-entity 

comments on issues related to elements 

of the Interim Regulatory Flexibility 

Analysis. A copy of the Panel final full 

report is included in the docket for this 

rule. We have attempted to follow the 

Panel’s recommendations to the degree 

we can while also ensuring that the 

options are practicable, enforceable, 

environmentally sound and consistent 

with the CAA. For those 

recommendations not adopted by the 

EPA, we included an explanation at 

proposal for why we rejected them. 

Further information about the panel is 

provided in the FRFA and the SBREFA 

Panel final report that are included in 

the docket for this rule. 

In addition, the EPA is preparing a 

Small Entity Compliance Guide to help 

small entities comply with this rule. 

Small entities can obtain of a copy of 

this guide at http://www.epa.gov/rfa/

compliance-guides.html or http://

www2.epa.gov/residential-wood-heaters. 

We expect the Small Entity Compliance 

Guide to be available by April 2015. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandates of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action imposes no enforceable duty on 

any state, local or tribal governments. 

The nationwide annualized average 

compliance cost of this rule for directly 

affected appliances is $45.7 million/yr 

in the 2015–2020 timeframe (2013$). 

Therefore, this final rule is not be 

subject to the requirements of sections 

202 or 205 of the UMRA. 

This final rule is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

rule does not apply to such governments 

and will impose no obligations upon 

them. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

The rule will not impose any 

requirements on state and local 

governments. Thus, Executive Order 

13132 does not apply to this final rule. 

Although section 6 of Executive Order 

13132 does not apply to this final 

action, the EPA did consult with 

representatives of state and local 

governments in developing this action. 

In the spirit of Executive Order 13132 

and consistent with the EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA solicited comment on the 

proposed rule from state and local 

officials. We have responded to their 

significant comments in this preamble 

and in the RTC document. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule will not impose 

any requirements on tribal governments. 

Thus, Executive Order 13175 does not 

apply to this action. 

Consistent with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes, the EPA consulted with 

tribal officials during the development 

of this action. A summary of that 

consultation is provided here. During 

mstockstill on DSK4VPTVN1PROD with RULES2

13700 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

43 ‘‘Analysis of Exposure to Residential Wood 

Combustion Emissions for Different SocioEconomic Groups, Revised Draft Report.’’ Prepared 

for Gil Wood, U.S. EPA, Office of Air Quality 

Planning and Standards, Research Triangle Park, 

NC. Prepared by EC/R Inc., EPA Contract No. EP– 

D–05–085, Work Assignment No. 4–3. April 22, 

2010. 

the development of the proposed 

rulemaking, the EPA conducted 

outreach with numerous tribal 

representatives to provide opportunities 

for input prior to development of the 

proposed rule. We provided information 

at the July 2010, National Tribal Forum/ 

National Tribal Air Association (NTAA) 

meeting in Albuquerque, New Mexico, 

and the November 2010, EPA Region 10 

Tribal Leaders Summit in Juneau, 

Alaska. We also presented information 

on this proposed rulemaking in the 

April 2010, issue of Tribal Air News and 

during the EPA/NTAA tribal workgroup 

conference calls (April 2010, July 2010, 

August 2010, and May 2013). 

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 rule to exclude 

traditional Native American bake ovens. 

On February 18, 2011, the EPA mailed 

letters to about 600 elected tribal leaders 

in the U.S. offering an opportunity for 

consultation on this proposal. We 

received requests from six tribes. These 

tribes agreed to discuss this proposal 

with us in a conference call held on 

March 22, 2011. The tribes were very 

supportive of this proposal and 

provided some helpful clarifications of 

definitions (e.g., Native American bake 

ovens) that we have incorporated in this 

proposal. We continued to provide 

updates on the rule on the EPA/NTAA 

conference calls and to offer 

opportunities to tribal leaders for 

consultation. On January 30, 2014, and 

September 25, 2014, we presented 

updates for tribes at the monthly EPA/ 

NTAA conference calls. 

The air quality and public health 

benefits to be achieved by this rule will 

benefit tribes. The emissions occur in 

neighborhoods and affect people in their 

homes. To the extent that populations 

are particularly sensitive to asthma, this 

rule will help. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because the EPA does not 

believe the environmental health risks 

or safety risks addressed by this action 

present a disproportionate risk to 

children. This action’s health and risk 

assessments are contained in the RIA as 

well as the report ‘‘Analysis of Exposure 

to Residential Wood Combustion 

Emissions for Different Socio-Economic 

Groups’’ 43 which shows that on a 

nationwide basis, cancer risks due to 

residential wood smoke emissions 

among disadvantaged population groups 

generally are lower than the risks for the 

general population due to residential 

wood smoke emissions. One of the 

demographic variables examined for 

this report was that of people 18 years 

and younger. The full report is available 

in the docket. 

This final rule is expected to reduce 

environmental impacts for everyone, 

including children. This action 

promulgates emissions limits at the 

levels based on BSER, as required by the 

CAA. Based on our analysis, we believe 

this rule will not have a 

disproportionate impact on children, 

and, in fact, will result in improvements 

to children’s health. These emissions 

happen in neighborhoods and affect 

people in their homes. To the extent 

that children are particularly sensitive 

to asthma, this rule will help. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

Further, we have concluded that this 

rule is not likely to have any significant 

adverse energy effects. In general, we 

expect the NSPS to improve technology, 

including energy efficiency. Reducing 

emissions and increasing efficiency 

might increase the use of wood fuel, 

which would relieve pressure on 

traditional coal or petroleum based 

energy sources. However, as described 

in section VI.E, it is difficult to 

determine the precise energy impacts 

that might result from this rule. This is 

because wood-fueled appliances 

compete with other biomass forms as 

well as more traditional oil, electricity 

and natural gas. Robust data are not 

available to determine the potential 

conversion to other types of fuels and 

their associated appliances if the 

consumer costs of wood-fueled 

appliances increase and at what level 

that increase would drive consumer 

choice. 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action involves technical 

standards. The EPA has decided to use 

several VCS ASTM International test 

methods, in full or in part, including the 

following: 

• E2515–11 ‘‘Standard Test Method 

for Determination of Particulate Matter 

Emissions Collected by a Dilution 

Tunnel.’’ This test method is applicable 

for the determination of particulate 

matter emissions from solid-fuelburning appliances including 

woodstoves, pellet-burning appliances, 

factory-built fireplaces, masonry 

fireplaces, masonry heaters, indoor 

furnaces, and indoor and outdoor 

hydronic heaters within a laboratory 

environment; 

• E2779–10 ‘‘Standard Test Method 

for Determining Particulate Matter 

Emissions from Pellet Heaters.’’ This 

test method covers the fueling and 

operating protocol for determining 

particulate matter emissions from fires 

in pellet or other granular or particulate 

biomass burning room heaters and 

fireplace inserts; 

• E2780–10 ‘‘Standard Test Method 

for Determining Particulate Matter 

Emissions from Wood Heaters.’’ This 

test method covers the fueling and 

operating protocol for determining 

particulate matter emissions from wood 

fires in wood-burning room heaters and 

fireplace inserts as well as determining 

heat output and efficiency; and 

• E2618–13 ‘‘Standard Test Method 

for Measurement of Particulate Matter 

Emissions and Heating Efficiency of 

Outdoor Solid Fuel-Fired Hydronic 

Heating Appliances.’’ This test method 

applies to wood-fired or automatically 

fed biomass burning hydronic heating 

appliances. These appliances transfer 

heat to the indoor environment through 

circulation of a liquid heat exchange 

media such as water or a waterantifreeze mixture. 

In addition, we determined that the 

VCS ASTM E871–82 (Reapproved 

2013), ‘‘Standard Test Method for 

Moisture Analysis of Particulate Wood 

Fuels’’ is acceptable as an alternative to 

that portion of the EPA Methods 5H and 

28. ASTM E871–82 (Reapproved 2013) 

covers the determination of total weight 

basis moisture in the analysis sample of 

particulate wood fuel. These VCS test 

methods are available for purchase from 

ASTM International, 100 Barr Harbor 

Drive, P.O. Box CB700, West 

Conshohocken, Pennsylvania 19428– 

2959, (800) 262–1373, http://

www.astm.org. A hard copy of this 

material is also available for viewing in 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13701 

44 ‘‘Analysis of Exposure to Residential Wood 

Combustion Emissions for Different SocioEconomic Groups, Revised Draft Report.’’ Prepared 

for Gil Wood, U.S. EPA, Office of Air Quality 

Planning and Standards, Research Triangle Park, 

NC. Prepared by EC/R Inc., EPA Contract No. EP– 

D–05–085, Work Assignment No. 4–3. April 22, 

2010. 

the docket for this rule (Docket ID# 

EPA–HQ–OAR–2009–0734), the EPA 

Docket Center, Public Reading Room, 

EPA WJC West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1742. 

The EPA will also use, in part, the 

following test VCS CSA method 

available at the CSA Web site http://

shop.csa.ca/en/canada/fuel-burningequipment/b4151-10/invt/27013322010/ 

:CSA_B415.1-10 ‘‘Performance Testing 

of Solid-fuel-burning Heating 

Appliances.’’ This standard specifies 

requirements for performance testing of 

solid-fuel-burning heating appliances, 

including maximum emission rates. 

This standard also specifies a method 

for determining heat outputs, appliance 

efficiencies, emission levels and 

composition, and flue gas flow rates. A 

hard copy of this material is also 

available for viewing in the docket for 

this rule (Docket ID# EPA–HQ–OAR– 

2009–0734) at the EPA Docket Center 

located at the address and telephone 

numbers above. 

Finally, we will use, in part, the 

following VCS test method, European 

National (EN) standard prepared by the 

European Union: EN 303–5 ‘‘Heating 

boilers for solid fuels, hand and 

automatically stoked nominal heat 

output of up to 1025 MBtu— 

Terminology, requirements, testing, and 

marketing.’’ This EN standard applies to 

heating boilers including safety devices 

up to a nominal heat output of 500 

kilowatts, which are designed for the 

burning of solid fuels only and are 

operated according to the instructions of 

the boiler manufacturer. This EN 

standard material is available for 

purchase at http://www.en-standard.eu/ 

csn-en-303-5-heating-boilers-part-5- 

heating-boilers-for-solid-fuels-manuallyand-automatically-stoked-nominal-heatoutput-of-up-to-500-kw-terminologyrequirements-testing-and-marking/

?gclid=CMv3wrbFrsACFU4F7A

od3yoAcw. A hard copy of this material 

is also available for viewing in the 

docket for this rule (Docket ID# EPA– 

HQ–OAR–2009–0734), at the EPA 

Docket Center located at the address and 

telephone numbers above. We believe 

that all the methods listed above have 

some positive aspects that can help 

stakeholders determine emissions under 

various operation conditions. For more 

details, please refer to section 6 of the 

RTC document. 

The search identified five other VCS 

that were potentially applicable for this 

rule in lieu of the EPA reference 

methods. However, the EPA determined 

that the five candidate VCS would not 

be applicable and practical due to lack 

of equivalency, documentation, 

validation data and other important 

technical and policy considerations. 

The five VCS and other information and 

conclusion, including the search and 

review results, are in the docket for this 

rule. The EPA solicited comments on 

this aspect of the proposed rulemaking. 

Specifically, we invited the public to 

identify potentially applicable voluntary 

consensus standards and to explain why 

such standards, in whole or in part, 

should or should not be used in this 

regulation. The EPA’s responses to the 

significant comments are presented in 

section V of this preamble and in 

section 6 of the RTC document. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

results of this evaluation are contained 

in the report ‘‘Analysis of Exposure to 

Residential Wood Combustion 

Emissions for Different Socio-Economic 

Groups’’ which shows that on a 

nationwide basis, cancer risks due to 

residential wood smoke emissions 

among disadvantaged population groups 

generally are lower than the risks for the 

general population due to residential 

wood smoke emissions.44 Rather, the 

rule increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority, low-income or indigenous 

population. 

This rule establishes national 

standards that will reduce primarily PM 

emissions from new residential wood 

heaters and, thus, is expected to 

decrease the amount of these emissions 

to which all affected populations are 

exposed. These emissions happen in 

many neighborhoods nationwide, 

including in minority and low-income 

neighborhoods and affect people in their 

homes. To the extent that minority 

populations and low-income 

populations are more vulnerable, this 

rule will help. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Hazardous substances, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: February 3, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as set 

forth below. 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart A—General Provisions 

■ 2. Section 60.17 is amended by 

revising paragraph (a) and the 

introductory text to paragraph (g); and 

by adding paragraphs (g)(202) through 

(206), (s) and (t) to read as follows: 

§ 60.17 Incorporations by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the EPA must publish notice of change 

in the Federal Register and the material 

must be available to the public. All 

approved material is available for 

inspection at the EPA Docket Center, 

Public Reading Room, EPA WJC West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC, telephone 

number 202–566–1744, and is available 

from the sources listed below. It is also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030 or go to http://

www.archives.gov/federal_register/

mstockstill on DSK4VPTVN1PROD with RULES2

13702 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

code_of_federal_regulations/ibr_

locations.html. 

* * * * * 

(g) The following material is available 

for purchase from ASTM International, 

100 Barr Harbor Drive, P.O. Box CB700, 

West Conshohocken, Pennsylvania 

19428–2959, (800) 262–1373, http://

www.astm.org. 

* * * * * 

(202) ASTM E871–82 (Reapproved 

2013), Standard Test Method for 

Moisture Analysis of Particulate Wood 

Fuels, (Approved August 15, 2013), IBR 

approved for Appendix A–8: Method 

28R. 

(203) ASTM E2515–11, Standard Test 

Method for Determination of Particulate 

Matter Emissions Collected by a 

Dilution Tunnel, (Approved November 

1, 2011), IBR approved for § 60.534 and 

§ 60.5476. 

(204) ASTM E2779–10, Standard Test 

Method for Determining Particulate 

Matter Emissions from Pellet Heaters, 

(Approved October 1, 2010), IBR 

approved for § 60.534. 

(205) ASTM E2618–13 Standard Test 

Method for Measurement of Particulate 

Matter Emissions and Heating Efficiency 

of Outdoor Solid Fuel-Fired Hydronic 

Heating Appliances, (Approved 

September 1, 2013), IBR approved for 

§ 60.5476. 

(206) ASTM E2780–10, Standard Test 

Method for Determining Particulate 

Matter Emissions from Wood Heaters, 

(Approved October 1, 2010), IBR 

approved for Appendix A: Method 28R. 

* * * * * 

(s) This material is available for 

purchase from the Canadian Standards 

Association (CSA), 5060 Spectrum Way, 

Suite 100, Mississauga, Ontario, Canada 

L4W 5N6, Telephone: 800–463–6727. 

(1) CSA B415.1–10, Performance 

Testing of Solid-fuel-burning Heating 

Appliances, (March 2010), IBR 

approved for § 60.534 and § 60.5476. 

(The standard is also available at http:// 

shop.csa.ca/en/canada/fuel-burningequipment/b4151-10/invt/27013322010) 

(2) [Reserved] 

(t) This European National (EN) 

standards material is available for 

purchase at European Committee for 

Standardization, Management Centre, 

Avenue Marnix 17, B–1000 Brussels, 

Belgium, Telephone: + 32 2 550 08 11. 

(1) DIN EN 303–5:2012E (EN 303–5), 

Heating boilers—Part 5: Heating boilers 

for solid fuels, manually and 

automatically stoked, nominal heat 

output of up to 500 kW—Terminology, 

requirements, testing and marking, 

(October 2012), IBR approved for 

§ 60.5476. (The standard is also 

available at http://www.en-standard.eu/ 

csn-en-303–5-heating-boilers-part-5- 

heating-boilers-for-solid-fuels-manuallyand-automatically-stoked-nominal-heatoutput-of-up-to-500-kw-terminologyrequirements-testing-and-marking/

?gclid=CJXI2P_

97MMCFdccgQodan8ATA) 

(2) [Reserved] 

■ 3. Subpart AAA is revised to read as 

follows: 

Subpart AAA—Standards of Performance 

for New Residential Wood Heaters 

Sec. 

60.530 Am I subject to this subpart? 

60.531 What definitions must I know? 

60.532 What standards and associated 

requirements must I meet and by when? 

60.533 What compliance and certification 

requirements must I meet and by when? 

60.534 What test methods and procedures 

must I use to determine compliance with 

the standards and requirements for 

certification? 

60.535 What procedures must I use for EPA 

approval of a test laboratory or EPA 

approval of a third-party certifier? 

60.536 What requirements must I meet for 

permanent labels, temporary labels 

(hangtags), and owner’s manuals? 

60.537 What records must I keep and what 

reports must I submit? 

60.538 What activities are prohibited under 

this subpart? 

60.539 What hearing and appeal procedures 

apply to me? 

60.539a Who implements and enforces this 

subpart? 

60.539b What parts of the General 

Provisions do not apply to me? 

Subpart AAA—Standards of 

Performance for New Residential 

Wood Heaters 

§ 60.530 Am I subject to this subpart? 

(a) You are subject to this subpart if 

you manufacture, sell, offer for sale, 

import for sale, distribute, offer to 

distribute, introduce or deliver for 

introduction into commerce in the 

United States, or install or operate an 

affected wood heater specified in 

paragraphs (a)(1) or (a)(2) of this section, 

except as provided in paragraph (c) of 

this section. 

(1) Each adjustable burn rate wood 

heater, single burn rate wood heater and 

pellet stove manufactured on or after 

July 1, 1988, with a current EPA 

certificate of compliance issued prior to 

May 15, 2015 according to the 

certification procedures in effect in this 

subpart at the time of certification is an 

affected wood heater. 

(2) All other residential wood heaters 

as defined in § 60.531 manufactured or 

sold on or after May 15, 2015 are 

affected wood heaters, except as 

provided in paragraph (c) of this 

section. 

(b) Each affected wood heater must 

comply with the provisions of this 

subpart unless exempted under 

paragraphs (b)(1) through (b)(6) of this 

section. These exemptions are 

determined by rule applicability and do 

not require EPA notification or public 

notice. 

(1) Affected wood heaters 

manufactured in the United States for 

export are exempt from the applicable 

emission limits of § 60.532 and the 

requirements of § 60.533. 

(2) Affected wood heaters used for 

research and development purposes that 

are never offered for sale or sold and 

that are not used for the purpose of 

providing heat are exempt from the 

applicable emission limits of § 60.532 

and the requirements of § 60.533. No 

more than 50 wood heaters 

manufactured per model line can be 

exempted for this purpose. 

(3) Appliances that do not burn wood 

or wood pellets (such as coal-only 

heaters that meet the definition in 

§ 60.531 or corn-only pellet stoves) are 

exempt from the applicable emission 

limits of § 60.532 and the requirements 

of § 60.533 provided that all advertising 

and warranties exclude wood burning. 

(4) Cook stoves as defined in § 60.531 

are exempt from the applicable emission 

limits of § 60.532 and the requirements 

of § 60.533. 

(5) Camp stoves as defined in § 60.531 

are exempt from the applicable emission 

limits of § 60.532 and the requirements 

of § 60.533. 

(6) Modification or reconstruction, as 

defined in § 60.14 and § 60.15 of subpart 

A of this part does not, by itself, make 

a wood heater an affected facility under 

this subpart. 

(c) The following are not affected 

wood heaters and are not subject to this 

subpart: 

(1) Residential hydronic heaters and 

residential forced-air furnaces subject to 

subpart QQQQ of this part. 

(2) Residential masonry heaters that 

meet the definition in § 60.531. 

(3) Appliances that are not residential 

heating devices (for example, 

manufactured or site-built masonry 

fireplaces). 

(4) Traditional Native American bake 

ovens that meet the definition in 

§ 60.531. 

§ 60.531 What definitions must I know? 

As used in this subpart, all terms not 

defined herein have the meaning given 

them in the Clean Air Act and subpart 

A of this part. 

Adjustable burn rate wood heater 

means a wood heater that is equipped 

with or installed with a damper or other 

mechanism to allow the operator to vary 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13703 

burn rate conditions, regardless of 

whether it is internal or external to the 

appliance. This definition does not 

distinguish between heaters that are free 

standing, built-in or fireplace inserts. 

Approved test laboratory means a test 

laboratory that is approved for wood 

heater certification testing under 

§ 60.535 or is an independent thirdparty test laboratory that is accredited 

under ISO–IEC Standard 17025 to 

perform testing using the test methods 

specified in § 60.534 by an accreditation 

body that is a full member signatory to 

the International Laboratory 

Accreditation Cooperation Mutual 

Recognition Arrangement and approved 

by the EPA for conducting testing under 

this subpart. 

Camp stove (sometimes also called 

cylinder stove or wall tent stove) means 

a portable stove equipped with a pipe or 

chimney exhaust capable of burning 

wood or coal intended for use in a tent 

or other temporary structure used for 

hunting, camping, fishing or other 

outdoor recreation. The primary 

purpose of the stove is to provide space 

heating, although cooking and heating 

water may be additional functions. 

Catalytic combustor means a device 

coated with a noble metal used in a 

wood heater to lower the temperature 

required for combustion. 

Chip wood fuel means wood chipped 

into small pieces that are uniform in 

size, shape, moisture, density and 

energy content. 

Coal-only heater means an enclosed, 

coal-burning appliance capable of space 

heating or space heating and domestic 

water heating, which is marketed and 

warranted solely as a coal-only heater 

and has all of the following 

characteristics: 

(1) An opening for emptying ash that 

is located near the bottom or the side of 

the appliance; 

(2) A system that admits air primarily 

up and through the fuel bed; 

(3) A grate or other similar device for 

shaking or disturbing the fuel bed or a 

power-driven or mechanical stoker; 

(4) Installation instructions, owner’s 

manual and marketing information that 

state that the use of wood in the stove, 

except for coal ignition purposes, is 

prohibited by law; and 

(5) A safety listing as a coal-only 

heater, except for coal ignition 

purposes, under accepted American or 

Canadian safety codes, as documented 

by a permanent label from a nationally 

recognized certification body. 

Commercial owner means any person 

who owns or controls a wood heater in 

the course of the business of the 

manufacture, importation, distribution 

(including shipping and storage), or sale 

of the wood heater. 

Cook stove means a wood-fired 

appliance that is designed, marketed 

and warranted primarily for cooking 

food and that has the following 

characteristics: 

(1) An oven, with volume of 0.028 

cubic meters (1 cubic foot) or greater, 

and an oven rack; 

(2) A device for measuring oven 

temperatures; 

(3) A flame path that is routed around 

the oven; 

(4) An ash pan; 

(5) An ash clean-out door below the 

oven; 

(6) The absence of a fan or heat 

channels to dissipate heat from the 

appliance; 

(7) A cooking surface with an area 

measured in square inches or square feet 

that is at least 1.5 times greater than the 

volume of firebox measured in cubic 

inches or cubic feet. Example: A cook 

stove with a firebox of 2 cubic feet must 

have a cooking surface of at least 3 

square feet; 

(8) A portion of at least four sides of 

the oven (which may include the bottom 

and/or top) is exposed to the flame path 

during the heating cycle of the oven. A 

flue gas bypass may exist for 

temperature control. 

Fireplace means a wood-burning 

appliance intended to be used primarily 

for aesthetic enjoyment and not as a 

space heater. An appliance is a fireplace 

if it is in a model line that satisfies the 

requirements in paragraphs (1), (2) or (3) 

of this definition. 

(1) The model line includes a safety 

listing under recognized American or 

Canadian safety standards, as 

documented by a permanent label from 

a nationally recognized certification 

body affixed on each unit sold, and that 

said safety listing only allows operation 

of the fireplace with doors fully open. 

Operation with any required safety 

screen satisfies this requirement. 

(2) The model line has a safety listing 

that allows operation with doors closed, 

has no user-operated controls other than 

flue or outside air dampers that can only 

be adjusted to either a fully closed or 

fully opened position, and the 

requirements in either paragraph (2)(i) 

or (2)(ii) of this definition are satisfied. 

(i) Appliances are sold with tempered 

glass panel doors only (either as 

standard or optional equipment), or 

(ii) The fire viewing area is equal to 

or greater than 500 square inches. 

(3)(i) A model line that is clearly 

positioned in the marketplace as 

intended to be used primarily for 

aesthetic enjoyment and not as a room 

heater, as demonstrated by product 

literature (including owner’s manuals), 

advertising targeted at the trade or 

public (including web-based 

promotional materials) or training 

materials is presumptively a fireplace 

model line. 

(ii) The presumption in paragraph 

(3)(i) of this definition can be rebutted 

by test data from an EPA-approved test 

laboratory reviewed by an EPAapproved third-party certifier that were 

generated when operating the appliance 

with the door(s) closed, and that 

demonstrate an average stack gas carbon 

dioxide (CO2) concentration over the 

duration of the test run equal to or less 

than 5.00 percent and a ratio of the 

average stack gas CO2 to the average 

stack gas carbon monoxide (CO) equal to 

or greater than 15:1. The stack gas 

average CO2 and CO concentrations for 

the test run shall be determined in 

accordance with the requirements in 

CSA B415.1–10 (IBR, see § 60.17), 

clause 6.3, using a sampling interval no 

greater than 1 minute. The average stack 

gas CO2 and CO concentrations for 

purposes of this determination shall be 

the average of the stack gas 

concentrations from all sampling 

intervals over the full test run. 

Manufactured means completed and 

ready for shipment (whether or not 

assembled or packaged) for purposes of 

determining the date of manufacture. 

Manufacturer means any entity that 

constructs or imports into the United 

States a wood heater. 

Model line means all wood heaters 

offered for sale by a single manufacturer 

that are similar in all material respects 

that would affect emissions as defined 

in this section. 

Particulate matter (PM) means total 

particulate matter including coarse 

particulate (PM10) and fine particulate 

(PM2.5). 

Pellet fuel means refined and 

densified fuel shaped into small pellets 

or briquettes that are uniform in size, 

shape, moisture, density and energy 

content. 

Pellet stove (sometimes called pellet 

heater or pellet space heater) means an 

enclosed, pellet or chip fuel-burning 

device capable of and intended for 

residential space heating or space 

heating and domestic water heating. 

Pellet stoves include a fuel storage 

hopper or bin and a fuel feed system. 

Pellet stoves include, but are not limited 

to: 

(1) Free-standing pellet stoves—pellet 

stoves that are installed on legs or on a 

pedestal or other supporting base. These 

stoves generally are safety listed under 

ASTM E1509, UL–1482, ULC S627 or 

ULC–ORD C1482. 

mstockstill on DSK4VPTVN1PROD with RULES2

13704 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

(2) Pellet stove fireplace inserts— 

pellet stoves intended to be installed in 

masonry fireplace cavities or in other 

enclosures. These stoves generally are 

safety listed under ASTM E1509, UL– 

1482, ULC–S628 or ULC–ORD C1482. 

(3) Built-in pellet stoves—pellet 

stoves intended to be recessed into the 

wall. These stoves generally are safety 

listed under ASTM E1509, UL–127, 

ULC–S610 or ULC–ORD C1482. 

Representative affected wood heater 

means an individual wood heater that is 

similar in all material respects that 

would affect emissions to other wood 

heaters within the model line it 

represents. 

Residential masonry heater means a 

factory-built or site-built wood-burning 

device in which the heat from 

intermittent fires burned rapidly in the 

firebox is stored in the refractory mass 

for slow release to building spaces. 

Masonry heaters are site-built (using 

local materials or a combination of local 

materials and manufactured 

components) or site-assembled (using 

factory-built components), solid fuelburning heating appliances constructed 

mainly of refractory materials (e.g., 

masonry materials or soapstone. They 

typically have an interior construction 

consisting of a firebox and heat 

exchange channels built from refractory 

components, through which flue gases 

are routed. ASTM E–1602 ‘‘Standard 

Guide for Construction of Solid Fuel 

Burning Masonry Heaters’’ provides 

design and construction information for 

the range of masonry heaters most 

commonly built in the United States. 

The site-assembled models are generally 

listed to UL–1482. 

Sale means the transfer of ownership 

or control, except that a transfer of 

control of an affected wood heater for 

research and development purposes 

within the scope of § 60.530(b)(2) is not 

a sale. 

Similar in all material respects that 

would affect emissions means that the 

construction materials, exhaust and 

inlet air systems and other design 

features are within the allowed 

tolerances for components identified in 

§ 60.533(k)(2), (3) and (4). 

Single burn rate wood heater means a 

wood heater that is not equipped with 

or installed with a burn control device 

to allow the operator to vary burn rate 

conditions. Burn rate control devices 

include stack dampers that control the 

outflow of flue gases from the heater to 

the chimney, whether built into the 

appliance, sold with it, or recommended 

for use with the heater by the 

manufacturer, retailer or installer; and 

air control slides, gates or any other type 

of mechanisms that control combustion 

air flow into the heater. 

Sold at retail means the sale by a 

commercial owner of a wood heater to 

the ultimate purchaser/user or 

noncommercial purchaser. 

Third-party certifier (sometimes 

called third-party certifying body or 

product certifying body) means an 

independent third party that is 

accredited under ISO–IEC Standards 

17025 and 17065 to perform 

certifications, inspections and audits by 

an accreditation body that is a full 

member signatory to the International 

Laboratory Accreditation Cooperation 

Mutual Recognition Arrangement and 

approved by the EPA for conducting 

certifications, inspections and audits 

under this subpart. 

Traditional Native American bake 

oven means a wood or other solid fuel 

burning appliance that is designed 

primarily for use by Native Americans 

for food preparation, cooking, warming 

or for instructional, recreational, 

cultural or ceremonial purposes. 

Unseasoned wood means wood with 

an average moisture content of 20 

percent or more. 

Valid certification test means a test 

that meets the following criteria: 

(1) The Administrator was notified 

about the test in accordance with 

§ 60.534(g); 

(2) The test was conducted by an 

approved test laboratory as defined in 

this section; 

(3) The test was conducted on a wood 

heater similar in all material respects 

that would affect emissions to other 

wood heaters of the model line that is 

to be certified; and 

(4) The test was conducted in 

accordance with the test methods and 

procedures specified in § 60.534. 

Wood heater means an enclosed, 

wood burning-appliance capable of and 

intended for residential space heating or 

space heating and domestic water 

heating. These devices include, but are 

not limited to, adjustable burn rate 

wood heaters, single burn rate wood 

heaters and pellet stoves. Wood heaters 

may or may not include air ducts to 

deliver some portion of the heat 

produced to areas other than the space 

where the wood heater is located. Wood 

heaters include, but are not limited to: 

(1) Free-standing wood heaters— 

Wood heaters that are installed on legs, 

on a pedestal or suspended from the 

ceiling. These products generally are 

safety listed under UL–1482, UL–737 or 

ULC–S627. 

(2) Fireplace insert wood heaters— 

Wood heaters intended to be installed in 

masonry fireplace cavities or in other 

enclosures. These appliances generally 

are safety listed under UL–1482, UL– 

737 or ULC–S628. 

(3) Built-in wood heaters—Wood 

heaters that are intended to be recessed 

into the wall. These appliances 

generally are safety listed under UL– 

1482, UL–737, UL–127 or ULC–S610. 

§ 60.532 What standards and associated 

requirements must I meet and by when? 

(a) 2015 particulate matter emission 

standards. Unless exempted under 

§ 60.530(b), each affected wood heater 

manufactured, imported into the United 

States, and/or sold at retail on or after 

May 15, 2015 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 (0.010 

lb/hr), except that a wood heater 

manufactured before May 15, 2015 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. 

(b) 2020 particulate matter emission 

standards. Unless exempted under 

§ 60.530(b) or electing to use the cord 

wood alternative means of compliance 

option in paragraph (c) of the section, 

each affected wood heater manufactured 

or sold at retail for use in the United 

States on or after May 15, 2020 must not 

discharge into the atmosphere any gases 

that contain particulate matter in excess 

of a weighted average of 2.0 g/hr (0.0044 

lb/hr). Compliance for all heaters must 

be determined by the test methods and 

procedures in § 60.534. 

(c) 2020 cord wood alternative 

compliance option. Each affected wood 

heater manufactured or sold at retail for 

use in the United States on or after May 

15, 2020 must not discharge into the 

atmosphere any gases that contain 

particulate matter in excess of a 

weighted average of 2.5 g/hr (0.0055 lb/ 

hr). Compliance must be determined by 

a cord wood test method approved by 

the Administrator and the procedures in 

§ 60.534. 

(d) Chip wood fuel requirements. 

Operators of wood heaters that are 

certified to burn chip wood fuels must 

only burn chip wood fuels that have 

been specified in the owner’s manual. 

The chip wood fuel must meet the 

following minimum requirements: 

(1) Moisture content: less than 35 

percent; 

(2) Inorganic fines: less than or equal 

to 1 percent; 

(3) Chlorides: less than or equal to 300 

parts per million by weight; 

(4) Ash content: no more than 2 

percent; 

(5) No demolition or construction 

waste; and 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13705 

(6) Trace metals: less than 100 mg/kg. 

(e) Pellet fuel requirements. Operators 

of wood heaters that are certified to 

burn pellet fuels must only burn pellets 

that have been specified in the owner’s 

manual and graded under a licensing 

agreement with a third-party 

organization approved by the EPA. The 

Pellet Fuels Institute, ENplus and 

CANplus are initially deemed to be 

approved third-party organizations for 

this purpose, and additional 

organizations may apply to the 

Administrator for approval. The pellet 

fuel must meet the following minimum 

requirements as assured through a 

quality assurance program licensed by a 

third-party organization approved by 

the EPA: 

(1) Density: consistent hardness and 

energy content with a minimum density 

of 38 pounds/cubic foot; 

(2) Dimensions: maximum length of 

1.5 inches and diameter between 0.230 

and 0.285 inches; 

(3) Inorganic fines: less than or equal 

to 1 percent; 

(4) Chlorides: less than or equal to 300 

parts per million by weight; 

(5) Ash content: no more than 2 

percent; 

(6) Contains no demolition or 

construction waste; 

(7) Trace metals: less than 100 mg/kg; 

and 

(8) None of the prohibited fuels in 

paragraph (f) of this section. 

(f) Prohibited fuel types. No person is 

permitted to burn any of the following 

materials in an affected wood heater: 

(1) Residential or commercial garbage; 

(2) Lawn clippings or yard waste; 

(3) Materials containing rubber, 

including tires; 

(4) Materials containing plastic; 

(5) Waste petroleum products, paints 

or paint thinners, or asphalt products; 

(6) Materials containing asbestos; 

(7) Construction or demolition debris; 

(8) Paper products, cardboard, 

plywood, or particleboard. The 

prohibition against burning these 

materials does not prohibit the use of 

fire starters made from paper, 

cardboard, sawdust, wax and similar 

substances for the purpose of starting a 

fire in an affected wood heater; 

(9) Railroad ties, pressure-treated 

wood or pallets; 

(10) Manure or animal remains; 

(11) Salt water driftwood or other 

previously salt water saturated 

materials; 

(12) Unseasoned wood; 

(13) Any materials that are not 

included in the warranty and owner’s 

manual for the subject wood heater; or 

(14) Any materials that were not 

included in the certification tests for the 

subject wood heater. 

(g) Operation of affected wood 

heaters. The user of an affected 

residential wood heater must operate 

the heater in a manner consistent with 

the owner’s manual. The owner’s 

manual must clearly specify that 

operation in a manner inconsistent with 

the owner’s manual would void the 

warranty. 

(h) Temperature sensor requirement. 

An affected wood heater equipped with 

a catalytic combustor must be equipped 

with a temperature sensor that can 

monitor combustor gas stream 

temperatures within or immediately 

downstream [within 2.54 centimeters 

(1 inch)] of the catalytic combustor 

surface. 

§ 60.533 What compliance and certification 

requirements must I meet and by when? 

(a) Certification requirement. Each 

affected wood heater must be certified 

to be in compliance with the applicable 

emission standards and other 

requirements of this subpart. For each 

model line manufactured or sold by a 

single entity (e.g., company or 

manufacturer), compliance with 

applicable emission standards of 

§ 60.532 must be determined based on 

testing of representative affected wood 

heaters within the model line. If one 

entity licenses a model line to another 

entity, each entity’s model line must be 

certified. If an entity intends to change 

the name of the entity or the name of the 

model, the manufacturer must apply for 

a new certification 60 days before the 

intended name change. 

(1) Except for model lines meeting the 

requirements of paragraph (h)(1) of this 

section, on or after May 15, 2015, the 

manufacturer must submit to the 

Administrator the information required 

in paragraph (b) of this section and 

follow either the certification process in 

paragraphs (c) through (e) of this section 

or the third-party certifier-based 

application process specified in 

paragraph (f) of this section. 

(2) On or after May 16, 2016, the 

manufacturer must submit the 

information required in paragraph (b) of 

this section and follow the third-party 

certifier-based application process 

specified in paragraph (f) of this section. 

(b) Application for a certificate of 

compliance. Any manufacturer of an 

affected wood heater must apply to the 

Administrator for a certificate of 

compliance for each model line. The 

application must be submitted to: 

WoodHeaterReports@epa.gov. The 

application must be signed by a 

responsible representative of the 

manufacturer or an authorized 

representative and must contain the 

following: 

(1) The model name and design 

number. The model name and design 

number must clearly distinguish one 

model from another. The name and 

design number cannot include the EPA 

symbol or logo or name or derivatives 

such as ‘‘EPA.’’ 

(2) Engineering drawings and 

specifications of components that may 

affect emissions (including 

specifications for each component listed 

in paragraph (k)(2), (3) and (4) of this 

section). Manufacturers may use 

assembly or design drawings that have 

been prepared for other purposes, but 

must designate on the drawings the 

dimensions of each component listed in 

paragraph (k) of this section. 

Manufacturers must identify tolerances 

of components listed in paragraph (k)(2) 

of this section that are different from 

those specified in that paragraph, and 

show that such tolerances cannot 

reasonably be anticipated to cause wood 

heaters in the model line to exceed the 

applicable emission limits. The 

drawings must identify how the 

emission-critical parts, such as air tubes 

and catalyst, can be readily inspected 

and replaced. 

(3) A statement whether the firebox or 

any firebox component (including the 

materials listed in paragraph (k)(3) of 

this section) will be composed of 

material different from the material used 

for the firebox or firebox component in 

the wood heater on which certification 

testing was performed, a description of 

any such differences and demonstration 

that any such differences may not 

reasonably be anticipated to adversely 

affect emissions or efficiency. 

(4) Clear identification of any claimed 

confidential business information (CBI). 

Submit such information under separate 

cover to the EPA CBI Office; Attn: 

Residential Wood Heater Compliance 

Program Lead, 1200 Pennsylvania Ave. 

NW., Washington, DC 20004. Note that 

all emissions data, including all 

information necessary to determine 

emission rates in the format of the 

standard, cannot be claimed as CBI. 

(5) All documentation pertaining to a 

valid certification test, including the 

complete test report and, for all test 

runs: Raw data sheets, laboratory 

technician notes, calculations and test 

results. Documentation must include 

the items specified in the applicable test 

methods. Documentation must include 

discussion of each test run and its 

appropriateness and validity, and must 

include detailed discussion of all 

anomalies, whether all burn rate 

categories were achieved, any data not 

used in the calculations and, for any test 

runs not completed, the data collected 

during the test run and the reason(s) 

mstockstill on DSK4VPTVN1PROD with RULES2

13706 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

that the test run was not completed and 

why. The burn rate for the low burn rate 

category must be no greater than the rate 

that an operator can achieve in home 

use and no greater than is advertised by 

the manufacturer or retailer. The test 

report must include a summary table 

that clearly presents the individual and 

overall emission rates, efficiencies and 

heat outputs. Submit the test report and 

all associated required information, 

according to the procedures for 

electronic reporting specified in 

§ 60.537(f). 

(6) A copy of the warranties for the 

model line, which must include a 

statement that the warranties are void if 

the unit is used to burn materials for 

which the unit is not certified by the 

EPA and void if not operated according 

to the owner’s manual. 

(7) A statement that the manufacturer 

will conduct a quality assurance 

program for the model line that satisfies 

the requirements of paragraph (m) of 

this section. 

(8) A statement describing how the 

tested unit was sealed by the laboratory 

after the completion of certification 

testing and asserting that such unit will 

be stored by the manufacturer in the 

sealed state until 5 years after the 

certification test. 

(9) Statements that the wood heaters 

manufactured under this certificate will 

be— 

(i) Similar in all material respects that 

would affect emissions as defined in 

§ 60.531 to the wood heater submitted 

for certification testing, and 

(ii) Labeled as prescribed in § 60.536. 

(iii) Accompanied by an owner’s 

manual that meets the requirements in 

§ 60.536. In addition, a copy of the 

owner’s manual must be submitted to 

the Administrator and be available to 

the public on the manufacturer’s Web 

site. 

(10) A statement that the 

manufacturer has entered into contracts 

with an approved laboratory and an 

approved third-party certifier that 

satisfy the requirements of paragraph (f) 

of this section. 

(11) A statement that the approved 

laboratory and approved third-party 

certifier are allowed to submit 

information on behalf of the 

manufacturer, including any claimed to 

be CBI. 

(12) A statement that the 

manufacturer will place a copy of the 

certification test report and summary on 

the manufacturer’s Web site available to 

the public within 30 days after the 

Administrator issues a certificate of 

compliance. 

(13) A statement of acknowledgment 

that the certificate of compliance cannot 

be transferred to another manufacturer 

or model line without written approval 

by the Administrator. 

(14) A statement acknowledging that 

it is unlawful to sell, distribute or offer 

to sell or distribute an affected wood 

heater without a valid certificate of 

compliance. 

(15) Contact information for the 

responsible representative of the 

manufacturer and all authorized 

representatives, including name, 

affiliation, physical address, telephone 

number and email address. 

(c) Administrator approval process. 

(1) The Administrator may issue a 

certificate of compliance for a model 

line if the Administrator determines, 

based on all information submitted by 

the applicant and any other relevant 

information available, that: 

(i) A valid certification test 

demonstrates that the representative 

affected wood heater complies with the 

applicable emission standards in 

§ 60.532; 

(ii) Any tolerances or materials for 

components listed in paragraph (k)(2) or 

(3) of this section that are different from 

those specified in those paragraphs may 

not reasonably be anticipated to cause 

wood heaters in the model line to 

exceed the applicable emission limits; 

and 

(iii) The requirements of paragraph 

(b) of this section have been met. 

(2) The Administrator will deny 

certification if the Administrator 

determines that the criteria in paragraph 

(c)(1) of this section have not been 

satisfied. Upon denying certification 

under this paragraph, the Administrator 

will give written notice to the 

manufacturer setting forth the basis for 

this determination. 

(d) Level of compliance certification. 

The Administrator will issue the 

certificate of compliance for the most 

stringent particulate matter emission 

standard that the tested representative 

wood heater meets under § 60.532. 

(e) Conditional, temporary certificate 

of compliance. A conditional, temporary 

certificate of compliance may be granted 

by the Administrator until May 16, 2016 

based on the manufacturer’s submittal 

of a complete certification application 

meeting all the requirements in 

§ 60.533(b). The application must 

include the full test report by an EPAapproved laboratory and all required 

compliance statements by the 

manufacturer with the exception of a 

certificate of conformity by an EPAapproved third-party certifier. The 

conditional, temporary certificate of 

compliance would allow manufacture 

and sales of the affected wood heater 

model line until May 16, 2016 or until 

the Administrator completes the review 

of the application, whichever is earlier. 

By May 16, 2016, the manufacturer must 

submit a certificate of conformity by an 

EPA-approved third-party certifier. 

(f) Third-party certifier-based 

application process. (1) Any 

manufacturer of an affected wood heater 

must apply to the Administrator for a 

certificate of compliance for each model 

line. The manufacturer must meet the 

following requirements: 

(i) The manufacturer must contract 

with a third-party certifier for 

certification services. The contract must 

include regular (at least annual) 

unannounced audits under ISO–IEC 

Standard 17065 to ensure that the 

manufacturer’s quality assurance plan is 

being implemented. The contract must 

also include a report for each audit 

under ISO–IEC Standard 17065 that 

fully documents the results of the audit. 

The contract must include authorization 

and requirement for the third-party 

certifier to submit all such reports to the 

Administrator and the manufacturer 

within 30 days of the audit. The audit 

report must identify deviations from the 

manufacturer’s quality assurance plan 

and specify the corrective actions that 

need to be taken to address each 

identified deficiency. 

(ii) The manufacturer must submit the 

materials specified in paragraph (b) of 

this section and a quality assurance plan 

that meets the requirements of 

paragraph (m) of this section to the 

third-party certifier. The quality 

assurance plan must ensure that units 

within a model line will be similar in 

all material respects that would affect 

emissions to the wood heater submitted 

for certification testing, and it must 

include design drawings for the model 

line. 

(iii) The manufacturer must apply to 

the third-party certifier for a 

certification of conformity with the 

applicable requirements of this subpart 

for the model line. 

(A) After testing by an approved test 

laboratory is complete, certification of 

conformity with the emission standards 

in § 60.532 must be performed by the 

manufacturer’s contracted third-party 

certifier. 

(B) The third-party certifier may 

certify conformity if the emission tests 

have been conducted per the 

appropriate guidelines; the test report is 

complete and accurate; the 

instrumentation used for the test was 

properly calibrated; the test report 

shows that the representative affected 

wood heater meets the applicable 

emission limits specified in § 60.532; 

the quality assurance plan is adequate to 

ensure that units within the model line 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13707 

will be similar in all material respects 

that would affect emissions to the wood 

heater submitted for certification 

testing; and that the affected heaters 

would meet all applicable requirements 

of this subpart. 

(iv) The manufacturer must then 

submit to the Administrator an 

application for a certificate of 

compliance that includes the 

certification of conformity, quality 

assurance plan, test report and all 

supporting documentation specified in 

paragraph (b) of this section. 

(v) The submission also must include 

a statement signed by a responsible 

official of the manufacturer or 

authorized representative that the 

manufacturer has complied with and 

will continue to comply with all 

requirements of this subpart for 

certificate of compliance and that the 

manufacturer remains responsible for 

compliance regardless of any error by 

the test laboratory or third-party 

certifier. 

(2) The Administrator will issue to the 

manufacturer a certificate of compliance 

for a model line if it is determined, 

based on all of the information 

submitted in the application for 

certification and any other relevant 

information, that: 

(i) A valid certification of conformity 

has demonstrated that the representative 

affected wood heater complies with the 

applicable emission standards in 

§ 60.532; 

(ii) Any tolerances or materials for 

components listed in paragraph (k)(2) or 

(3) of this section that are different from 

those specified in those paragraphs may 

not be reasonably anticipated to cause 

wood heaters in the model line to 

exceed the applicable emission limits; 

(iii) The requirements of paragraph 

(b) of this section have been met; and 

(iv) A valid certificate of conformity 

for the model line has been prepared 

and submitted. 

(3) The Administrator will deny 

certification if the Administrator 

determines that the criteria in paragraph 

(f)(2) of this section have not been 

satisfied. Upon denying certification 

under this paragraph, the Administrator 

will give written notice to the 

manufacturer setting forth the basis for 

the determination. 

(g) Waiver from submitting test 

results. An applicant for certification 

may apply for a potential waiver of the 

requirement to submit the results of a 

certification test pursuant to paragraph 

(b)(5) of this section, if the wood heater 

meets either of the following conditions: 

(1) The wood heaters of the model 

line are similar in all material respects 

that would affect emissions, as defined 

in § 60.531, to another model line that 

has already been issued a certificate of 

compliance. A manufacturer that seeks 

a waiver of certification testing must 

identify the model line that has been 

certified, and must submit a copy of an 

agreement with the owner of the design 

permitting the applicant to produce 

wood heaters of that design. 

(2) The manufacturer has previously 

conducted a valid certification test to 

demonstrate that the wood heaters of 

the model line meet the applicable 

standard specified in § 60.532. 

(h) Certification period. Unless 

revoked sooner by the Administrator, a 

certificate of compliance will be valid 

for the following periods as applicable: 

(1) For a model line that was 

previously certified as meeting the 1990 

Phase II emission standards under the 

1988 NSPS, in effect prior to May 15, 

2015, at an emission level equal to or 

less than the 2015 emission standards in 

§ 60.532(a), the model line is deemed to 

have a certificate of compliance for the 

2015 emission standards in § 60.532(a), 

which is valid until the effective date 

for the 2020 standards in § 60.532(b) 

(i.e., until May 15, 2020). 

(2) For a model line certified as 

meeting emission standards in § 60.532, 

a certificate of compliance will be valid 

for 5 years from the date of issuance or 

until a more stringent standard comes 

into effect, whichever is sooner. 

(i) Renewal of certification. (1) The 

manufacturer must request renewal of a 

model line’s certificate of compliance or 

recertify the model line every 5 years, or 

the manufacturer may choose to no 

longer manufacture or sell that model 

line after the expiration date. If the 

manufacturer chooses to no longer 

manufacture that model line, then the 

manufacturer must submit a statement 

to the Administrator to that effect. 

(2) A manufacturer of an affected 

wood heater model line may apply to 

the Administrator for potential renewal 

of its certificate of compliance by 

submitting the material specified in 

paragraph (b) and following the 

procedures specified in paragraph (f) of 

this section, or by affirming in writing 

that the wood heaters in the model line 

continue to be similar in all material 

respects that would affect emissions to 

the representative wood heater 

submitted for testing on which the 

original certificate of compliance was 

based and requesting a potential waiver 

from certification testing. The 

application must include a copy of the 

review of the draft application and 

approval by the third-party certifier. 

(3) If the Administrator grants a 

renewal of certification, the 

Administrator will give written notice to 

the manufacturer setting forth the basis 

for the determination and issue a 

certification renewal. 

(4) If the Administrator denies the 

request for a renewal of certification, the 

Administrator will give written notice to 

the manufacturer setting forth the basis 

for the determination. 

(5) If the Administrator denies the 

request for a renewal of certification, the 

manufacturer and retailer must not 

manufacture or sell the previouslycertified wood heaters after the 

expiration date of the certificate of 

compliance. 

(j) [Reserved] 

(k) Recertification. (1) The 

manufacturer must recertify a model 

line whenever any change is made in 

the design submitted pursuant to 

paragraph (b)(2) of this section that 

affects or is presumed to affect the 

particulate matter emission rate for that 

model line. The manufacturer of an 

affected wood heater must apply to the 

Administrator for potential 

recertification by submitting the 

material specified in paragraph (b) and 

following the procedures specified in 

paragraph (f) of this section, or by 

affirming in writing that the change will 

not cause wood heaters in the model 

line to exceed applicable emission 

limits and requesting a potential waiver 

from certification testing. The 

application for recertification must be 

reviewed and approved by the 

contracted third-party certifier and a 

copy of the review and approval must 

be included. The Administrator may 

waive this requirement upon written 

request by the manufacturer, if the 

manufacturer presents adequate 

rationale and the Administrator 

determines that the change may not 

reasonably be anticipated to cause wood 

heaters in the model line to exceed the 

applicable emission limits. The granting 

of such a waiver does not relieve the 

manufacturer of any compliance 

obligations under this subpart. 

(2) Any change in the design 

tolerances or actual dimensions of any 

of the following components (where 

such components are applicable) is 

presumed to affect particulate matter 

and carbon monoxide emissions and 

efficiency if that change exceeds ±0.64 

cm (±1⁄4 inch) for any linear dimension 

and ±5 percent for any cross-sectional 

area relating to air introduction systems 

and catalyst bypass gaps unless other 

dimensions and cross-sectional areas are 

previously approved by the 

Administrator under paragraph (c)(1)(ii) 

of this section: 

(i) Firebox: Dimensions; 

mstockstill on DSK4VPTVN1PROD with RULES2

13708 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

(ii) Air introduction systems: Crosssectional area of restrictive air inlets and 

outlets, location and method of control; 

(iii) Baffles: Dimensions and 

locations; 

(iv) Refractory/insulation: Dimensions 

and location; 

(v) Catalyst: Dimensions and location; 

(vi) Catalyst bypass mechanism and 

catalyst bypass gap tolerances (when 

bypass mechanism is in closed 

position): Dimensions, cross-sectional 

area, and location; 

(vii) Flue gas exit: Dimensions and 

location; 

(viii) Door and catalyst bypass 

gaskets: Dimensions and fit; 

(ix) Outer thermal shielding and 

thermal coverings: Dimensions and 

location; 

(x) Fuel feed system: For wood 

heaters that are designed primarily to 

burn pellet fuel or wood chips and other 

wood heaters equipped with a fuel feed 

system, the fuel feed rate, auger motor 

design and power rating, and the angle 

of the auger to the firebox; and 

(xi) Forced-air combustion system: 

For wood heaters so equipped, the 

location and horsepower of blower 

motors and the fan blade size. 

(3) Any change in the materials used 

for the following components is 

presumed to affect particulate matter 

emissions and efficiency: 

(i) Refractory/insulation; or 

(ii) Door and catalyst bypass gaskets. 

(4) A change in the make, model or 

composition of a catalyst is presumed to 

affect particulate matter and carbon 

monoxide emissions and efficiency, 

unless the change has been requested by 

the heater manufacturer and has been 

approved in advance by the 

Administrator, based on test data that 

demonstrate that the replacement 

catalyst is equivalent to or better than 

the original catalyst in terms of 

particulate matter emission reduction. 

(l) Criteria for revocation of 

certification. (1) The Administrator may 

revoke certification if it is determined 

that the wood heaters being 

manufactured or sold in that model line 

do not comply with the requirements of 

this subpart. Such a determination will 

be based on all available evidence, 

including but not limited to: 

(i) Test data from a retesting of the 

original unit on which the certification 

test was conducted or a unit that is 

similar in all material respects that 

would affect emissions; 

(ii) A finding that the certification test 

was not valid. The finding will be based 

on problems or irregularities with the 

certification test or its documentation, 

but may be supplemented by other 

information; 

(iii) A finding that the labeling of the 

wood heater model line, the owner’s 

manual or the associated marketing 

information does not comply with the 

requirements of § 60.536; 

(iv) Failure by the manufacturer to 

comply with reporting and 

recordkeeping requirements under 

§ 60.537; 

(v) Physical examination showing that 

a significant percentage (as defined in 

the quality assurance plan approved 

pursuant to paragraph (m) of this 

section, but no larger than 1 percent) of 

production units inspected is not 

similar in all material respects that 

would affect emissions to the 

representative affected wood heater 

submitted for certification testing; 

(vi) Failure of the manufacturer to 

conduct a quality assurance program in 

conformity with paragraph (m) of this 

section; or 

(vii) Failure of the approved 

laboratory to test the wood heater using 

the methods specified in § 60.534. 

(2) Revocation of certification under 

this paragraph (l) will not take effect 

until the manufacturer concerned has 

been given written notice by the 

Administrator setting forth the basis for 

the proposed determination and an 

opportunity to request a hearing under 

§ 60.539. 

(m) Quality assurance program. On or 

after May 16, 2016, for each certified 

model line, the manufacturer must 

conduct a quality assurance program 

that satisfies the requirements of 

paragraphs (m)(1) through (5) of this 

section. The quality assurance program 

requirements of this paragraph (m) 

supersede the quality assurance plan 

requirements previously specified in 

§ 60.533(o) that was in effect prior to 

May 15, 2015. The manufacturer of a 

model line with a compliance 

certification under paragraph (h)(1) of 

this section must conduct a quality 

assurance program that satisfies the 

requirements of this paragraph (m) by 

May 16, 2016. 

(1) The manufacturer must prepare 

and operate according to a quality 

assurance plan for each certified model 

line that includes specific inspection 

and testing requirements for ensuring 

that all units within a model line are 

similar in all material respects that 

would affect emissions to the wood 

heater submitted for certification testing 

and meet the emissions standards in 

§ 60.532. 

(2) The quality assurance plan must 

be approved by the third-party certifier 

as part of the certification of conformity 

process specified in paragraph (f) of this 

section. 

(3) The quality assurance plan must 

include regular (at least annual) 

unannounced audits by the third-party 

certifier under ISO–IEC Standard 17065 

to ensure that the manufacturer’s quality 

assurance plan is being implemented. 

(4) The quality assurance plan must 

include a report for each audit under 

ISO–IEC Standard 17065 that fully 

documents the results of the audit. The 

third-party certifier must be authorized 

and required to submit all such reports 

to the Administrator and the 

manufacturer within 30 days of the 

audit. The audit report must identify 

deviations from the manufacturer’s 

quality assurance plan and specify the 

corrective actions that need to be taken 

to address each identified deficiency. 

(5) Within 30 days after receiving 

each audit report, the manufacturer 

must report to the third-party certifier 

and to the Administrator its corrective 

actions and responses to any 

deficiencies identified in the audit 

report. No such report is required if an 

audit report did not identify any 

deficiencies. 

(n) EPA compliance audit testing. 

(1)(i) The Administrator may select by 

written notice wood heaters or model 

lines for compliance audit testing to 

determine compliance with the 

emission standards in § 60.532. 

(ii) The Administrator will transmit a 

written notification of the selected wood 

heaters or model line(s) to the 

manufacturer, which will include the 

name and address of the laboratory 

selected to perform the audit test and 

the model name and serial number of 

the wood heater(s) or model line(s) 

selected to undergo audit testing. 

(2)(i) The Administrator may test, or 

direct the manufacturer to have tested, 

a wood heater or a wood heater from the 

model line(s) selected under paragraph 

(n)(1)(i) of this section in a laboratory 

approved under § 60.535. The 

Administrator may select any approved 

test laboratory or federal laboratory for 

this audit testing. 

(ii) The expense of the compliance 

audit test is the responsibility of the 

wood heater manufacturer. 

(iii) The test must be conducted using 

the same test method used to obtain 

certification. If the certification test 

consisted of more than one particulate 

matter sampling test method, the 

Administrator may direct the 

manufacturer and test laboratory as to 

which of these methods to use for the 

purpose of audit testing. The 

Administrator will notify the 

manufacturer at least 30 days prior to 

any test under this paragraph, and allow 

the manufacturer and/or his authorized 

representatives to observe the test. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13709 

(3) Revocation of certification. (i) If 

emissions from a wood heater tested 

under paragraph (n)(2) of this section 

exceed the applicable emission standard 

by more than 50 percent using the same 

test method used to obtain certification, 

the Administrator will notify the 

manufacturer that certification for that 

model line is suspended effective 72 

hours from the receipt of the notice, 

unless the suspension notice is 

withdrawn by the Administrator. The 

suspension will remain in effect until 

withdrawn by the Administrator, or the 

date 30 days from its effective date if a 

revocation notice under paragraph 

(n)(3)(ii) of this section is not issued 

within that period, or the date of final 

agency action on revocation, whichever 

occurs earliest. 

(ii)(A) If emissions from a wood 

heater tested under paragraph (n)(2) of 

this section exceed the applicable 

emission limit, the Administrator will 

notify the manufacturer that 

certification is revoked for that model 

line. 

(B) A revocation notice under 

paragraph (n)(3)(ii)(A) of this section 

will become final and effective 60 days 

after the date of written notification to 

the manufacturer, unless it is 

withdrawn, a hearing is requested under 

§ 60.539(a)(2), or the deadline for 

requesting a hearing is extended. 

(C) The Administrator may extend the 

deadline for requesting a hearing for up 

to 60 days for good cause. 

(D) A manufacturer may extend the 

deadline for requesting a hearing for up 

to 6 months, by agreeing to a voluntary 

suspension of certification. 

(iii) Any notification under paragraph 

(n)(3)(i) or (n)(3)(ii) of this section will 

include a copy of a preliminary test 

report from the approved test laboratory 

or federal test laboratory. The test 

laboratory must provide a preliminary 

test report to the Administrator within 

14 days of the completion of testing, if 

a wood heater exceeds the applicable 

emission limit in § 60.532. The test 

laboratory must provide the 

Administrator and the manufacturer, 

within 30 days of the completion of 

testing, all documentation pertaining to 

the test, including the complete test 

report and raw data sheets, laboratory 

technician notes, and test results for all 

test runs. 

(iv) Upon receiving notification of a 

test failure under paragraph (n)(3)(ii) of 

this section, the manufacturer may 

request that up to four additional wood 

heaters from the same model line be 

tested at the manufacturer’s expense, at 

the test laboratory that performed the 

emissions test for the Administrator. 

(v) Whether or not the manufacturer 

proceeds under paragraph (n)(3)(iv) of 

this section, the manufacturer may 

submit any relevant information to the 

Administrator, including any other test 

data generated pursuant to this subpart. 

The manufacturer must bear the 

expense of any additional testing. 

(vi) The Administrator will withdraw 

any notice issued under paragraph 

(n)(3)(ii) of this section if tests under 

paragraph (n)(3)(iv) of this section show 

either— 

(A) That exactly four additional wood 

heaters were tested for the manufacturer 

and all four met the applicable emission 

limits; or 

(B) That exactly two additional wood 

heaters were tested for the manufacturer 

and each of them met the applicable 

emission limits and the average 

emissions of all three tested heaters (the 

original audit heater and the two 

additional heaters) met the applicable 

emission limits. 

(vii) If the Administrator withdraws a 

notice pursuant to paragraph (n)(3)(vi) 

of this section, the Administrator will 

revise the certification values for the 

model line based on the test data and 

other relevant information. The 

manufacturer must then revise the 

model line’s labels and marketing 

information accordingly. 

(viii) The Administrator may 

withdraw any proposed revocation, if 

the Administrator finds that an audit 

test failure has been rebutted by 

information submitted by the 

manufacturer under paragraph (n)(3)(iv) 

of this section and/or (n)(3)(v) of this 

section or by any other relevant 

information available to the 

Administrator. 

§ 60.534 What test methods and 

procedures must I use to determine 

compliance with the standards and 

requirements for certification? 

Test methods and procedures 

specified in this section or in 

appendices of this part, except as 

provided under § 60.8(b), must be used 

to determine compliance with the 

standards and requirements for 

certification under §§ 60.532 and 60.533 

and for reporting carbon monoxide 

emissions and efficiency as follows: 

(a)(1) For affected wood heaters 

subject to the 2015 and 2020 particulate 

matter emission standards of 

§§ 60.532(a) and (b), the manufacturer 

must have an EPA-approved test 

laboratory conduct testing according to 

paragraphs (a)(1)(i) or (ii) of this section. 

The manufacturer or manufacturer’s 

authorized representative must submit a 

summary and the full test reports with 

all supporting information, including 

detailed discussion of all anomalies, 

whether all burn rate categories were 

properly achieved, any data not used in 

the calculations and, for any test runs 

not completed, the data that were 

collected and the reason that the test 

run was not completed. The burn rate 

for the low burn rate category must be 

no greater than the rate that an operator 

can achieve in home use and no greater 

than is advertised by the manufacturer 

or retailer. The manufacturer has the 

option of submitting test results 

obtained pursuant to either paragraph 

(a)(1)(i) or (ii) of this section to the 

Administrator as specified under 

§ 60.537 as part of a request for a 

certification of compliance. 

(i) Conduct testing with crib wood 

using EPA Method 28R of Appendix A– 

8 of this part or an alternative crib wood 

test method approved by the 

Administrator or the ASTM E2779–10 

(IBR, see § 60.17) pellet heater test 

method to establish the certification test 

conditions and the particulate matter 

emission values. 

(ii) Conduct testing with cord wood 

using an alternative cord wood test 

method approved by the Administrator 

to establish the certification test 

conditions and the particulate matter 

emission values. 

(2) For the 2020 cord wood alternative 

means of compliance option specified in 

§ 60.532(c), the manufacturer must have 

an EPA-approved test laboratory 

conduct testing with cord wood using 

an alternative cord wood test method 

approved by the Administrator to 

establish the certification test conditions 

and the particulate matter emission 

values. 

(b) [Reserved] 

(c) For affected wood heaters subject 

to the 2015 and 2020 particulate matter 

emission standards specified in 

§ 60.532(a), (b) and (c), particulate 

matter emission concentrations must be 

measured with ASTM E2515–11 (IBR, 

see § 60.17). Four-inch filters and Teflon 

membrane filters or Teflon-coated glass 

fiber filters may be used in ASTM 

E2515–11. 

(d) For all tests conducted using 

ASTM E2515–11 (IBR, see § 60.17) 

pursuant to this section, the 

manufacturer and approved test 

laboratory must also measure the first 

hour of particulate matter emissions for 

each test run using a separate filter in 

one of the two parallel trains. The 

manufacturer and approved test 

laboratory must report the test results 

for the first hour separately and also 

include them in the total particulate 

matter emissions per run. 

(e) The manufacturer must have the 

approved test laboratory measure the 

mstockstill on DSK4VPTVN1PROD with RULES2

13710 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

efficiency, heat output and carbon 

monoxide emissions of the tested wood 

heater using Canadian Standards 

Administration (CSA) Method B415.1– 

10 (IBR, see § 60.17), section 13.7. 

(f) Douglas fir may be used in ASTM 

E2779–10, ASTM E2780–10 and CSA 

B415.1–10 (IBR, see § 60.17). 

(g) The manufacturer of an affected 

wood heater model line must notify the 

Administrator of the date that 

certification testing is scheduled to 

begin by email to WoodHeaterReports@

epa.gov. This notice must be received by 

the EPA at least 30 days before the start 

of testing. The notification of testing 

must include the manufacturer’s name 

and physical and email addresses, the 

approved test laboratory’s name and 

physical and email addresses, the thirdparty certifier name, the model name 

and number (or, if unavailable, some 

other way to distinguish between 

models), and the dates of testing. The 

laboratory may substitute certification 

testing of another affected wood heater 

on the original date in order to ensure 

regular laboratory testing operations. 

(h) The approved test laboratory must 

allow the manufacturer, the 

manufacturer’s approved third-party 

certifier, the EPA and delegated state 

regulatory agencies to observe 

certification testing. However, 

manufacturers must not involve 

themselves in the conduct of the test 

after the pretest burn has begun. 

Communications between the 

manufacturer and laboratory or thirdparty certifier personnel regarding 

operation of the wood heater must be 

limited to written communications 

transmitted prior to the first pretest burn 

of the certification test series. During 

certification tests, the manufacturer may 

communicate with laboratory personnel 

only in writing and only to notify them 

that the manufacturer has observed a 

deviation from proper test procedures. 

All communications must be included 

in the test documentation required to be 

submitted pursuant to § 60.533(b)(5) and 

must be consistent with instructions 

provided in the owner’s manual 

required under § 60.536(g), except to the 

extent that they address details of the 

certification tests that would not be 

relevant to owners or regulators. 

§ 60.535 What procedures must I use for 

EPA approval of a test laboratory or EPA 

approval of a third-party certifier? 

(a) Test laboratory approval. (1) A 

laboratory must apply to the 

Administrator for approval to test under 

this rule by submitting documentation 

that the laboratory is accredited by a 

nationally recognized accrediting entity 

under ISO–IEC Standard 17025 to 

perform testing using the test methods 

specified under § 60.534. Laboratories 

accredited by EPA prior to May 15, 2015 

may have until March 16, 2018 to 

submit documentation that they have 

accreditation under ISO–IEC Standard 

17025 to perform testing using the test 

methods specified under § 60.534. ISO 

accreditation is required for all other 

laboratories performing testing 

beginning on November 16, 2015. 

(2) As part of the application, the test 

laboratory must: 

(i) Agree to participate biennially in 

an independently operated proficiency 

testing program with no direct ties to 

the participating laboratories; 

(ii) Agree to allow the Administrator, 

regulatory agencies and third-party 

certifiers access to observe certification 

testing; 

(iii) Agree to comply with calibration, 

reporting and recordkeeping 

requirements that affect testing 

laboratories; and 

(iv) Agree to perform a compliance 

audit test at the manufacturer’s expense 

at the testing cost normally charged to 

such manufacturer if the laboratory is 

selected by the Administrator to 

conduct the compliance audit test of the 

manufacturer’s model line. The test 

laboratory must provide a preliminary 

audit test report to the Administrator 

within 14 days of the completion of 

testing, if the tested wood heater 

exceeds the applicable emission limit in 

§ 60.532. The test laboratory must 

provide the Administrator and the 

manufacturer, within 30 days of the 

completion of audit testing, all 

documentation pertaining to the test, 

including the complete test report and 

raw data sheets, laboratory technician 

notes, and test results for all test runs. 

(v) Have no conflict of interest and 

receive no financial benefit from the 

outcome of certification testing 

conducted pursuant to § 60.533. 

(vi) Agree to not perform initial 

certification tests on any models 

manufactured by a manufacturer for 

which the laboratory has conducted 

research and development design 

services within the last 5 years. 

(vii) Agree to seal any wood heater on 

which it performed certification tests, 

immediately upon completion or 

suspension of certification testing, by 

using a laboratory-specific seal. 

(viii) Agree to immediately notify the 

Administrator of any suspended tests 

through email and in writing, giving the 

date suspended, the reason(s) why, and 

the projected date for restarting. The 

laboratory must submit the operation 

and test data obtained, even if the test 

is not completed. 

(3) If the EPA approves the laboratory, 

the Administrator will provide the test 

laboratory with a certificate of approval 

for testing under this rule. If the EPA 

does not approve the laboratory, the 

Administrator will give written notice to 

the laboratory setting forth the basis for 

the determination. 

(b) Revocation of test laboratory 

approval. (1) The Administrator may 

revoke the EPA laboratory approval if it 

is determined that the laboratory: 

(i) Is no longer accredited by the 

accreditation body; 

(ii) Does not follow required 

procedures or practices; 

(iii) Has falsified data or otherwise 

misrepresented emission data; 

(iv) Has failed to participate in a 

proficiency testing program, in 

accordance with its commitment under 

paragraph (a)(2)(i) of this section; or 

(v) Has failed to seal a wood heater in 

accordance with paragraph (a)(2)(vii) of 

this section. 

(2) Revocation of approval under this 

paragraph (b) will not take effect until 

the laboratory concerned has been given 

written notice by the Administrator 

setting forth the basis for the proposed 

determination and an opportunity for a 

hearing under § 60.539. However, if 

revocation is ultimately upheld, all tests 

conducted by the laboratory after 

written notice was given will, at the 

discretion of the Administrator, be 

declared invalid. 

(c) Period of test laboratory approval 

(1) With the exception of laboratories 

meeting the provisions of paragraph 

(c)(2) of this section, and unless revoked 

sooner, a certificate of approval for 

testing under this rule is valid for 5 

years from the date of issuance. 

(2) Laboratories accredited by the EPA 

by May 15, 2015, under the provisions 

of § 60.535 as in effect prior to that date 

may continue to be EPA accredited and 

deemed EPA approved for testing under 

this subpart until May 15, 2018, at 

which time the EPA accreditation and 

approval ends unless the laboratory has 

obtained accreditation under § 60.535 as 

in effect on that date. 

(d) Third-party certifier approval. (1) 

A third-party certifier may apply to the 

Administrator for approval to be an 

EPA-approved third-party certifier by 

submitting credentials demonstrating 

that it has been accredited by a 

nationally recognized accrediting entity 

to perform certifications and inspections 

under ISO–IEC Standard 17025, ISO– 

IEC Standard 17065 and ISO–IEC 

Standard 17020. 

(2) As part of the application, the 

third-party certifier must: 

(i) Agree to offer to contract with 

wood heater manufacturers to perform 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13711 

third-party certification activities 

according to the requirements of this 

subpart; 

(ii) Agree to periodically conduct 

audits as described in § 60.533(m) and 

the manufacturer’s quality assurance 

program; 

(iii) Agree to comply with reporting 

and recordkeeping requirements that 

affect approved wood heater testing 

laboratories and third-party certifiers; 

(iv) Have no conflict of interest and 

receive no financial benefit from the 

outcome of certification testing 

conducted pursuant to § 60.533; 

(v) Agree to make available to the 

Administrator supporting 

documentation for each wood heater 

certification and audit; and 

(vi) Agree to not perform initial 

certification reviews on any models 

manufactured by a manufacturer for 

which the third-party certifier has 

conducted research and development 

design services within the last 5 years. 

(3) If approved, the Administrator will 

provide the third-party certifier with a 

certificate of approval. The approval 

will expire 5 years after being issued 

unless renewed by the third-party 

certifier. If the EPA denies the approval, 

the Administrator will give written 

notice to the third-party certifier for the 

basis for the determination. 

(e) Revocation of third-party certifier 

approval. (1) The Administrator will 

revoke a third-party certifier’s EPA 

approval if it is determined that the 

certifier; 

(i) Is no longer accredited by the 

accreditation body; 

(ii) Does not follow required 

procedures or practices; or 

(iii) Has falsified certification data or 

otherwise misrepresented emission 

data. 

(2) Revocation of approval under this 

paragraph (e) will not take effect until 

the certifier concerned is given written 

notice by the Administrator setting forth 

the basis for the proposed determination 

and an opportunity for a hearing under 

§ 60.539. However, if revocation is 

upheld, all certifications by the certifier 

after written notice was given will, at 

the discretion of the Administrator, be 

declared invalid. 

§ 60.536 What requirements must I meet 

for permanent labels, temporary labels 

(hangtags) and owner’s manuals? 

(a) General permanent label 

requirements. (1) Each affected wood 

heater manufactured on or after the date 

the applicable standards come into 

effect as specified in § 60.532, must 

have a permanent label affixed to it that 

meets the requirements of this section. 

(2) Except for wood heaters subject to 

§ 60.530(b)(1) through (5), the 

permanent label must contain the 

following information: 

(i) Month and year of manufacture of 

the individual unit; 

(ii) Model name or number; 

(iii) Certification test emission value, 

test method and standard met (e.g., 

2015, 2020 crib wood, or 2020 cord 

wood); and 

(iv) Serial number. 

(3) The permanent label must: 

(i) Be affixed in a readily visible or 

readily accessible location in such a 

manner that it can be easily viewed 

before and after the appliance is 

installed (an easily-removable facade 

may be used for aesthetic purposes, 

however the bottom of a free-standing 

heater is not considered to be readily 

visible or readily accessible); 

(ii) Be at least 8.9 cm long and 5.1 cm 

wide (31⁄2 inches long and 2 inches 

wide); 

(iii) Be made of a material expected to 

last the lifetime of the wood heater; 

(iv) Present the required information 

in a manner so that it is likely to remain 

legible for the lifetime of the wood 

heater; and 

(v) Be affixed in such a manner that 

it cannot be removed from the appliance 

without damage to the label. 

(4) The permanent label may be 

combined with any other label, as long 

as the required information is displayed, 

the integrity of the permanent label is 

not compromised, and the permanent 

label meets the requirements in 

§ 60.536(a)(3). 

(5) Any label statement under 

paragraph (b) or (c) of this section 

constitutes a representation by the 

manufacturer as to any wood heater that 

bears it: 

(i) That a certification of compliance 

was in effect at the time the wood heater 

left the possession of the manufacturer; 

(ii) That the manufacturer was, at the 

time the label was affixed, conducting a 

quality assurance program in conformity 

with § 60.533(m); and 

(iii) That all wood heaters 

individually tested for emissions by the 

manufacturer under its quality 

assurance program pursuant to 

§ 60.533(m) met the applicable 

emissions limits. 

(b) Permanent label requirements for 

adjustable burn rate wood heaters and 

pellet stoves. If an adjustable burn rate 

wood heater or pellet stove belongs to 

a model line certified under § 60.533, 

and no wood heater in the model line 

has been found to exceed the applicable 

emission limits or tolerances through 

quality assurance testing, one of the 

following statements, as appropriate, 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with 

2015 particulate emission standards. 

Not approved for sale after May 15, 

2020.’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with 

2020 particulate emission standards 

using crib wood.’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with 

2020 particulate emission standards 

using cord wood.’’ 

(c) Permanent label requirements for 

single burn rate wood heaters. If the 

single burn rate wood heater belongs to 

a model line certified under § 60.533, 

and no heater in the model line has 

been found to exceed the applicable 

emission limits or tolerances through 

quality assurance testing, one of the 

following statements, as appropriate, 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with 

2015 particulate emission standards 

for single burn rate heaters. Not 

approved for sale after May 15, 2020. 

This single burn rate wood heater is 

not approved for use with a flue 

damper.’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with 

2020 particulate emission standards 

for single burn rate heaters. This 

single burn rate wood heater is not 

approved for use with a flue damper.’’ 

(d) Additional permanent label 

content. The permanent label for all 

certified wood heaters must also contain 

the following statement: 

‘‘This wood heater needs periodic 

inspection and repair for proper 

operation. Consult the owner’s manual 

for further information. It is against 

federal regulations to operate this wood 

heater in a manner inconsistent with the 

operating instructions in the owner’s 

manual.’’ 

(e) Permanent label requirements for 

affected wood heaters with exemptions 

under § 60.530(b). (1) If an affected 

wood heater is manufactured in the 

United States for export as provided in 

§ 60.530(b)(1), the following statement 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Export stove. May not be 

sold or operated within the United 

States.’’ 

(2) If an affected wood heater is 

manufactured for use for research and 

development purposes as provided in 

§ 60.530(b)(2), the following statement 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Not certified. Research 

mstockstill on DSK4VPTVN1PROD with RULES2

13712 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

Stove. Not approved for sale or for 

operation other than for research.’’ 

(3) If a wood heater is exclusively a 

non-wood-burning heater as provided 

§ 60.530(b)(3), the following statement 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY This heater is not certified 

for wood burning. Use of any wood 

fuel is a violation of federal 

regulations.’’ 

(4) If an affected wood heater is a cook 

stove that meets the definition in 

§ 60.531, the following statement must 

appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY This unit is not a certified 

residential wood heater. The primary 

use for this unit is for cooking or 

baking.’’ 

(5) If an affected wood heater is a 

camp stove that meets the definition in 

§ 60.531, the following statement must 

appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY This unit is not a certified 

residential wood heater. For portable 

and temporary use only.’’ 

(f) Temporary label (hangtag) 

voluntary option. (1) Each model 

certified to meet the 2020 particulate 

matter emission standards of § 60.532(b) 

prior May 15, 2020 may display the 

temporary labels (hangtags) specified in 

section 3 of Appendix I of this part. The 

electronic template will be provided by 

the Administrator upon approval of the 

certification. 

(2) The hangtags in paragraph (f)(1) of 

this section end on May 15, 2020. 

(3) Each model certified to meet the 

2020 Cord Wood Alternative 

Compliance Option of § 60.532(c) may 

display the cord wood temporary label 

specified in section 3 of Appendix I of 

this part. The electronic template will 

be provided by the Administrator upon 

approval of the certification. 

(g) Owner’s manual requirements. (1) 

Each affected wood heater offered for 

sale by a commercial owner must be 

accompanied by an owner’s manual that 

must contain the information listed in 

paragraph (g)(2) of this section 

(pertaining to installation) and 

paragraph (g)(3) of this section 

(pertaining to operation and 

maintenance). Such information must 

be adequate to enable consumers to 

achieve optimal emissions performance. 

Such information must be consistent 

with the operating instructions provided 

by the manufacturer to the approved test 

laboratory for operating the wood heater 

during certification testing, except for 

details of the certification test that 

would not be relevant to the user. The 

commercial owner must also make 

current and historical owner’s manuals 

available on the company Web site and 

upon request to the EPA. 

(2) Guidance on proper installation, 

include stack height, location and 

achieving proper draft. 

(3) Proper operation and maintenance 

information, including minimizing 

visible emissions: 

(i) Fuel loading and re-loading 

procedures; recommendations on fuel 

selection and warnings on what fuels 

not to use, such as unseasoned wood, 

treated wood, colored paper, cardboard, 

solvents, trash and garbage; 

(ii) Fire starting procedures; 

(iii) Proper use of air controls, 

including how to establish good 

combustion and how to ensure good 

combustion at the lowest burn rate for 

which the heater is warranted; 

(iv) Ash removal procedures; 

(v) Instructions for replacement of 

gaskets, air tubes and other parts that 

are critical to the emissions performance 

of the unit, and other maintenance and 

repair instructions; 

(vi) For catalytic or hybrid models, 

information on the following pertaining 

to the catalytic combustor: Procedures 

for achieving and maintaining catalyst 

activity, maintenance procedures, 

procedures for determining 

deterioration or failure, procedures for 

replacement and information on how to 

exercise warranty rights; 

(vii) For catalytic or hybrid models, 

the following statement— 

‘‘This wood heater contains a catalytic 

combustor, which needs periodic 

inspection and replacement for proper 

operation. It is against federal 

regulations to operate this wood 

heater in a manner inconsistent with 

operating instructions in this manual, 

or if the catalytic element is 

deactivated or removed.’’ 

(viii) For noncatalytic models, the 

following statement— 

‘‘This wood heater needs periodic 

inspection and repair for proper 

operation. It is against federal 

regulations to operate this wood 

heater in a manner inconsistent with 

operating instructions in this 

manual.’’ 

(4) Any manufacturer using the EPArecommended language contained in 

Appendix I of this part to satisfy any 

requirement of this paragraph (g) will be 

considered to be in compliance with 

that requirement, provided that the 

particular language is printed in full, 

with only such changes as are necessary 

to ensure accuracy for the particular 

wood heater model line. 

(h) Wood heaters that are affected by 

this subpart, but that have been owned 

and operated by a noncommercial 

owner, are not subject to paragraphs (f) 

and (g) of this section when offered for 

resale. 

§ 60.537 What records must I keep and 

what reports must I submit? 

(a)(1) Each manufacturer who holds a 

certificate of compliance pursuant to 

§ 60.533(c), (e) or (f) for a model line 

must maintain records containing the 

information required by paragraph (a)(2) 

through (4) of this section with respect 

to that model line for at least 5 years. 

(2) All documentation pertaining to 

the certification test used to obtain 

certification, including the full test 

report and raw data sheets, laboratory 

technician notes, calculations, the test 

results for all test runs, and discussions 

of the appropriateness and validity of all 

test runs, including runs attempted but 

not completed. The retained 

certification test documentation must 

include, as applicable, detailed 

discussion of all anomalies, whether all 

burn rate categories were properly 

achieved, any data not used in the 

calculations and, for any test runs not 

completed, the data that were collected 

and the reason that the test run was not 

completed. The retained certification 

test also must include documentation 

that the burn rate for the low burn rate 

category was no greater than the rate 

that an operator can achieve in home 

use and no greater than is advertised by 

the manufacturer or retailer. 

(3) Results of the quality assurance 

program inspections pursuant to 

§ 60.533(m). 

(4) For emissions tests conducted 

pursuant to the quality assurance 

program required by § 60.533(m), all test 

reports, data sheets, laboratory 

technician notes, calculations, and test 

results for all test runs, the corrective 

actions taken, if any, and any follow-up 

actions such as additional testing. 

(b) Each approved test laboratory and 

third-party certifier must maintain 

records consisting of all documentation 

pertaining to each certification test, 

quality assurance program inspection 

and audit test, including the full test 

report and raw data sheets, technician 

notes, calculations, and the test results 

for all test runs. Each approved test 

laboratory must submit accreditation 

credentials and all proficiency test 

results to the Administrator. Each thirdparty certifier must submit each 

certification test, quality assurance 

program inspection report and ISO IEC 

accreditation credentials to the 

Administrator. 

(c) Each manufacturer must retain 

each wood heater upon which 

certification tests were performed based 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13713 

upon which certification was granted 

under § 60.533(c) or (f) at the 

manufacturer’s facility for a minimum 

of 5 years after the certification test. 

Each wood heater must remain sealed 

and unaltered. Any such wood heater 

must be made available to the 

Administrator upon request for 

inspection and testing. 

(d) Each manufacturer of an affected 

wood heater model line certified under 

§ 60.533(c) or (f) must submit a report to 

the Administrator every 2 years 

following issuance of a certificate of 

compliance for each model line. This 

report must include the sales for each 

model by state and certify that no 

changes in the design or manufacture of 

this model line have been made that 

require recertification under § 60.533(k). 

(e)(1) Unless otherwise specified, all 

records required under this section must 

be maintained by the manufacturer, 

commercial owner of the affected wood 

heater, approved test laboratory or thirdparty certifier for a period of no less 

than 5 years. 

(2) Unless otherwise specified, all 

reports to the Administrator required 

under this subpart must be made to: 

WoodHeaterReports@epa.gov. 

(f) Within 60 days after the date of 

completing each performance test, e.g., 

initial certification test, tests conducted 

for quality assurance, and tests for 

renewal or recertification, each 

manufacturer must submit the 

performance test data electronically to 

WoodHeaterReports@epa.gov. Owners 

or operators who claim that some of the 

information being submitted is CBI (e.g., 

design drawings) must submit a 

complete file, including the information 

claimed to be CBI, on a compact disk or 

other commonly used electronic storage 

media (including, but not limited to, 

flash drives) by mail, and the same file, 

with the CBI omitted, electronically. 

The compact disk must be clearly 

marked as CBI and mailed to U.S. EPA, 

OECA CBI Office, Attention: Residential 

Wood Heater Compliance Program Lead, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20004. Emission data, 

including all information necessary to 

determine compliance, except sensitive 

engineering drawings and sensitive 

detailed material specifications, may not 

be claimed as CBI. 

(g) Within 30 days of receiving a 

certification of compliance for a model 

line, the manufacturer must make the 

full non-CBI test report and the 

summary of the test report available to 

the public on the manufacturer’s Web 

site. 

(h) Each manufacturer who uses the 

exemption for R&D heaters under 

§ 60.530(b)(2) must maintain records for 

at least 5 years documenting where the 

heaters were located, that the heaters 

were never offered for sale or sold and 

that the heaters were not used for the 

purpose of heating. 

§ 60.538 What activities are prohibited 

under this subpart? 

(a) No person is permitted to advertise 

for sale, offer for sale, sell or operate an 

affected wood heater that does not have 

affixed to it a permanent label pursuant 

to § 60.536 (b) through (e), as applicable. 

(b) No person is permitted to advertise 

for sale, offer for sale, or sell an affected 

wood heater labeled under 

§ 60.536(e)(1) except for export. No 

person is permitted to operate an 

affected wood heater in the United 

States if it is labeled under 

§ 60.536(e)(1). 

(c)(1) No commercial owner is 

permitted to advertise for sale, offer for 

sale or sell an affected wood heater 

permanently labeled under § 60.536 (b) 

through (d), as applicable, unless: 

(i) The affected wood heater has been 

certified to comply with the 2015 or 

2020 particulate matter emission 

standards pursuant to § 60.532, as 

applicable. This prohibition does not 

apply to wood heaters affected by this 

subpart that have been previously 

owned and operated by a 

noncommercial owner; and 

(ii) The commercial owner provides 

any purchaser or transferee with an 

owner’s manual that meets the 

requirements of § 60.536(g) and a copy 

of the warranty. 

(2) No commercial owner is permitted 

to advertise for sale, offer for sale, or sell 

an affected wood heater permanently 

labeled under § 60.536(b) and (c), unless 

the affected wood heater has been 

certified to comply with the 2015 or 

2020 particulate matter emission 

standards of § 60.532, as applicable. 

(3) A commercial owner other than a 

manufacturer complies with the 

requirements of paragraph (c)(1) of this 

section if the commercial owner— 

(i) Receives the required 

documentation from the manufacturer 

or a previous commercial owner; and 

(ii) Provides that documentation 

unaltered to any person to whom the 

wood heater that it covers is sold or 

transferred. 

(d)(1) In any case in which the 

Administrator revokes a certificate of 

compliance either for the submission of 

false or inaccurate information or other 

fraudulent acts, or based on a finding 

under § 60.533(l)(1)(ii) that the 

certification test was not valid, the 

Administrator may give notice of that 

revocation and the grounds for it to all 

commercial owners. 

(2) On and after the date of receipt of 

the notice given under paragraph (d)(1) 

of this section, no commercial owner is 

permitted to sell any wood heater 

covered by the revoked certificate (other 

than to the manufacturer) unless the 

model line has been recertified in 

accordance with this subpart. 

(e) No person is permitted to install or 

operate an affected wood heater except 

in a manner consistent with the 

instructions on its permanent label and 

in the owner’s manual pursuant to 

§ 60.536(g), including only using fuels 

for which the unit is certified. 

(f) No person is permitted to operate, 

sell or offer for sale an affected wood 

heater that was originally equipped with 

a catalytic combustor if the catalytic 

element is deactivated or removed. 

(g) No person is permitted to operate, 

sell or offer for sale an affected wood 

heater that has been physically altered 

to exceed the tolerance limits of its 

certificate of compliance, pursuant to 

§ 60.533(k). 

(h) No person is permitted to alter, 

deface, or remove any permanent label 

required to be affixed pursuant to 

§ 60.536(a) through (e), as applicable. 

(i) If a temporary label is affixed to the 

wood heater, retailers may not sell or 

offer for sale that wood heater unless the 

temporary label affixed is in accordance 

with § 60.536(f), as applicable. 

§ 60.539 What hearing and appeal 

procedures apply to me? 

(a)(1) The affected manufacturer, 

laboratory or third-party certifier may 

request a hearing under this section 

within 30 days following receipt of the 

required notification in any case where 

the Administrator— 

(i) Denies an application for a 

certificate of compliance under 

§ 60.533(c) or § 60.533(f); 

(ii) Denies an application for a 

renewal of certification under 

§ 60.533(i); 

(iii) Issues a notice of revocation of 

certification under § 60.533(1); 

(iv) Denies an application for 

laboratory approval under § 60.535(a); 

(v) Issues a notice of revocation of 

laboratory approval under § 60.535(b); 

(vi) Denies an application for thirdparty certifier approval under 

§ 60.535(d); or 

(vii) Issues a notice of revocation of 

third-party certifier approval under 

§ 60.535(e). 

(2) In any case where the 

Administrator issues a notice of 

revocation under § 60.533(n)(3)(ii), the 

manufacturer may request a hearing 

under this section with the time limits 

set out in § 60.533(n)(3)(ii). 

(b) Any hearing request must be in 

writing, must be signed by an 

mstockstill on DSK4VPTVN1PROD with RULES2

13714 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

authorized representative of the 

petitioning manufacturer or laboratory 

and must include a statement setting 

forth with particularity the petitioner’s 

objection to the Administrator’s 

determination or proposed 

determination. 

(c)(l) Upon receipt of a request for a 

hearing under paragraph (a) of this 

section, the Administrator will request 

the Chief Administrative Law Judge to 

designate an Administrative Law Judge 

as Presiding Officer for the hearing. If 

the Chief Administrative Law Judge 

replies that no Administrative Law 

Judge is available to perform this 

function, the Administrator will 

designate a Presiding Officer who has 

not had any prior responsibility for the 

matter under review, and who is not 

subject to the direct control or 

supervision of someone who has had 

such responsibility. 

(2) The hearing will commence as 

soon as practicable at a time and place 

fixed by the Presiding Officer. 

(3)(i) A motion for leave to intervene 

in any proceeding conducted under this 

section must set forth the grounds for 

the proposed intervention, the position 

and interest of the movant and the likely 

impact that intervention will have on 

the expeditious progress of the 

proceeding. Any person already a party 

to the proceeding may file an answer to 

a motion to intervene, making specific 

reference to the factors set forth in the 

foregoing sentence and paragraph 

(c)(3)(iii) of this section, within 10 days 

after service of the motion for leave to 

intervene. 

(ii) A motion for leave to intervene in 

a proceeding must ordinarily be filed 

before the first prehearing conference or, 

in the absence of a prehearing 

conference, prior to the setting of a time 

and place for a hearing. Any motion 

filed after that time must include, in 

addition to the information set forth in 

paragraph (c)(3)(i) of this section, a 

statement of good cause for the failure 

to file in a timely manner. The 

intervener shall be bound by any 

agreements, arrangements and other 

matters previously made in the 

proceeding. 

(iii) A motion for leave to intervene 

may be granted only if the movant 

demonstrates that his presence in the 

proceeding would not unduly prolong 

or otherwise prejudice the adjudication 

of the rights of the original parties, and 

that movant may be adversely affected 

by a final order. The intervener will 

become a full party to the proceeding 

upon the granting of leave to intervene. 

(iv) Persons not parties to the 

proceeding may move for leave to file 

amicus curiae briefs. The movant must 

state his interest and the reasons why 

the proposed amicus brief is desirable. 

If the motion is granted, the Presiding 

Officer or Administrator will issue an 

order setting the time for filing such 

brief. An amicus curia may participate 

in any briefing after his motion is 

granted, and will be served with all 

briefs, reply briefs, motions and orders 

relating to issues to be briefed. 

(4) In computing any period of time 

prescribed or allowed in this subpart, 

the day of the event from which the 

designated period begins to run will not 

be included. Saturdays, Sundays and 

federal legal holidays will be included. 

When a stated time expires on a 

Saturday, Sunday or legal holiday, the 

stated time period will be extended to 

include the next business day. 

(d)(l) Upon his appointment, the 

Presiding Officer must establish a 

hearing file. The file will consist of the 

notice issued by the Administrator 

under §§ 60.533(c)(2), 60.533(f)(3), 

60.533(i)(4), 60.533(l)(2), 

60.533(n)(3)(ii)(A), 60.535(a)(3), 

60.535(b)(2), 60.535(d)(3) or 60.535(e)(2) 

together with any accompanying 

material, the request for a hearing and 

the supporting data submitted 

therewith, and all documents relating to 

the request for certification or approval 

or the proposed revocation of either. 

(2) The hearing file must be available 

for inspection by any party, to the extent 

authorized by law, at the office of the 

Presiding Officer, or other place 

designated by him. 

(e) Any party may appear in person, 

or may be represented by counsel or by 

any other duly authorized 

representative. 

(f)(l) The Presiding Officer upon the 

request of any party, or at his discretion, 

may order a prehearing conference at a 

time and place specified by him to 

consider the following: 

(i) Simplification of the issues, 

(ii) Stipulations, admissions of fact, 

and the introduction of documents, 

(iii) Limitation of the number of 

expert witnesses, 

(iv) Possibility of agreement disposing 

of all or any of the issues in dispute, 

(v) Such other matters as may aid in 

the disposition of the hearing, including 

such additional tests as may be agreed 

upon by the parties. 

(2) The results of the conference must 

be reduced to writing by the Presiding 

Officer and made part of the record. 

(g)(l) Hearings will be conducted by 

the Presiding Officer in an informal but 

orderly and expeditious manner. The 

parties may offer oral or written 

evidence, subject to the exclusion by the 

Presiding Officer of irrelevant, 

immaterial and repetitious evidence. 

(2) Witnesses will not be required to 

testify under oath. However, the 

Presiding Officer will call to the 

attention of witnesses that their 

statements may be subject to penalties 

under title 18 U.S.C. 1001 for knowingly 

making false statements or 

representations or using false 

documents in any matter within the 

jurisdiction of any department or agency 

of the United States. 

(3) Any witness may be examined or 

cross-examined by the Presiding Officer, 

the parties or their representatives. 

(4) Hearings must be recorded 

verbatim. Copies of transcripts of 

proceedings may be purchased by the 

applicant from the reporter. 

(5) All written statements, charts, 

tabulations and similar data offered in 

evidence at the hearings must, upon a 

showing satisfactory to the Presiding 

Officer of their authenticity, relevancy 

and materiality, be received in evidence 

and will constitute a part of the record. 

(h)(l) The Presiding Officer will make 

an initial decision which must include 

written findings and conclusions and 

the reasons or basis therefor on all the 

material issues of fact, law or discretion 

presented on the record. The findings, 

conclusions and written decision must 

be provided to the parties and made a 

part of the record. The initial decision 

will become the decision of the 

Administrator without further 

proceedings unless there is an appeal to 

the Administrator or motion for review 

by the Administrator. Except as 

provided in paragraph (h)(3) of this 

section, any such appeal must be taken 

within 20 days of the date the initial 

decision was filed. 

(2) On appeal from or review of the 

initial decision, the Administrator will 

have all the powers which he would 

have in making the initial decision 

including the discretion to require or 

allow briefs, oral argument, the taking of 

additional evidence or the remanding to 

the Presiding Officer for additional 

proceedings. The decision by the 

Administrator must include written 

findings and conclusions and the 

reasons or basis therefor on all the 

material issues of fact, law or discretion 

presented on the appeal or considered 

in the review. 

(3) In any hearing requested under 

paragraph (a)(2) of this section the 

Presiding Officer must render the initial 

decision within 60 days of that request. 

Any appeal to the Administrator must 

be taken within 10 days of the initial 

decision, and the Administrator must 

render a decision in that appeal within 

30 days of the filing of the appeal. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13715 

§ 60.539a Who implements and enforces 

this subpart? 

(a) Under section 111(c) of the Clean 

Air Act, the Administrator may delegate 

the following implementation and 

enforcement authority to a state, local or 

tribal authority upon request: 

(1) Enforcement of prohibitions on the 

installation and operation of affected 

wood heaters in a manner inconsistent 

with the installation and owner’s 

manual; 

(2) Enforcement of prohibitions on 

operation of catalytic wood heaters 

where the catalyst has been deactivated 

or removed; 

(3) Enforcement of prohibitions on 

advertisement and/or sale of uncertified 

model lines; 

(4) Enforcement of prohibitions on 

advertisement and/or sale of affected 

heaters that do not have required 

permanent label; 

(5) Enforcement of proper labeling of 

affected wood heaters; and 

(6) Enforcement of compliance with 

other labeling requirements for affected 

wood heaters. 

(7) Enforcement of certification testing 

procedures; 

(8) Enforcement of requirements for 

sealing of the tested heaters and meeting 

parameter limits; and 

(9) Enforcement of compliance 

requirements of EPA-approved 

laboratories. 

(b) Delegations shall not include: 

(1) Decisions on certification; 

(2) Revocation of certification; 

(3) Establishment or revision of 

standards; 

(4) Establishment or revision of test 

methods; 

(5) Laboratory and third-party certifier 

approvals and revocations; 

(6) Enforcing provisions governing 

content of owner’s manuals; and 

(7) Hearings and appeals procedures. 

(c) Nothing in these delegations will 

prohibit the Administrator from 

enforcing any applicable requirements. 

(d) Nothing in these delegations will 

limit delegated entities from using their 

authority under section 116 of the Clean 

Air Act to adopt or enforce more 

restrictive requirements. 

§ 60.539b What parts of the General 

Provisions do not apply to me? 

The following provisions of subpart A 

of part 60 do not apply to this subpart: 

(a) Section 60.7; 

(b) Section 60.8(a), (c), (d), (e), (f) and 

(g); 

(c) Section 60.14; and 

(c) Section 60.15(d). 

Subpart PPPP—[Reserved] 

■ 4. Subpart PPPP is added and 

reserved. 

■ 5. Subpart QQQQ is added to read as 

follows: 

Subpart QQQQ—Standards of 

Performance for New Residential 

Hydronic Heaters and Forced-Air 

Furnaces 

Sec. 

60.5472 Am I subject to this subpart? 

60.5473 What definitions must I know? 

60.5474 What standards and requirements 

must I meet and by when? 

60.5475 What compliance and certification 

requirements must I meet and by when? 

60.5476 What test methods and procedures 

must I use to determine compliance with 

the standards and requirements for 

certification? 

60.5477 What procedures must I use for 

EPA approval of a test laboratory or EPA 

approval of a third-party certifier? 

60.5478 What requirements must I meet for 

permanent labels, temporary labels 

(hangtags), and owner’s manuals? 

60.5479 What records must I keep and what 

reports must I submit? 

60.5480 What activities are prohibited 

under this subpart? 

60.5481 What hearing and appeal 

procedures apply to me? 

60.5482 Who implements and enforces this 

subpart? 

60.5483 What parts of the General 

Provisions do not apply to me? 

Subpart QQQQ—Standards of 

Performance for New Residential 

Hydronic Heaters and Forced-Air 

Furnaces 

§ 60.5472 Am I subject to this subpart? 

(a) You are subject to this subpart if 

you manufacture, sell, offer for sale, 

import for sale, distribute, offer to 

distribute, introduce or deliver for 

introduction into commerce in the 

United States, or install or operate a 

residential hydronic heater, forced-air 

furnace or other central heater 

manufactured on or after May 15, 2015, 

except as provided in paragraph (c) of 

this section. 

(b) Each residential hydronic heater, 

forced-air furnace or other central heater 

must comply with the provisions of this 

subpart unless exempted under 

paragraphs (b)(1) through (b)(3) of this 

section. These exemptions are 

determined by rule applicability and do 

not require additional EPA notification 

or public notice. 

(1) Affected residential hydronic 

heaters, forced-air furnaces or other 

central heaters manufactured in the 

United States for export are exempt 

from the applicable emission limits of 

§ 60.5474 and the requirements of 

§ 60.5475. 

(2) Affected residential hydronic 

heaters, forced-air furnaces or other 

central heaters used for research and 

development purposes that are never 

offered for sale or sold and that are not 

used to provide heat are exempt from 

the applicable emission limits of 

§ 60.5474 and the requirements of 

§ 60.5475. No more than 12 affected 

residential central heaters manufactured 

per model line may be exempted for this 

purpose. 

(3) Appliances that do not burn wood 

or wood pellets or wood chips (such as 

coal-only central heaters that meet the 

definition in § 60.5473 or corn-only 

central heaters) are exempt from the 

applicable emission limits of § 60.5474 

and the requirements of § 60.5475 

provided that all advertising and 

warranties clearly denote that wood 

burning is prohibited in these 

appliances. 

(c) The following are not affected 

central heaters and are not subject to 

this subpart: 

(1) Residential wood heaters subject 

to subpart AAA of this part. 

(2) Residential masonry heaters as 

defined in § 60.5473. 

§ 60.5473 What definitions must I know? 

As used in this subpart, all terms not 

defined herein have the same meaning 

given them in the Clean Air Act and 

subpart A of this part. 

Approved test laboratory means a test 

laboratory that is approved for central 

heater certification testing under 

§ 60.5477 or is an independent thirdparty test laboratory that is accredited 

under ISO–IEC Standard 17025 to 

perform testing using the test methods 

specified in § 60.5476 by an 

accreditation body that is a full member 

signatory to the International Laboratory 

Accreditation Cooperation Mutual 

Recognition Arrangement and approved 

by the EPA for conducting testing under 

this subpart. 

Catalytic combustor means a device 

coated with a noble metal used in a 

wood heater to lower the temperature 

required for combustion. 

Central heater means a fuel-burning 

device designed to burn wood or wood 

pellet fuel that warms spaces other than 

the space where the device is located, 

by the distribution of air heated by the 

furnace through ducts or liquid heated 

in the device and distributed typically 

through pipes. Unless otherwise 

specified, these devices include, but are 

not limited to, residential forced-air 

furnaces (small and large) and 

residential hydronic heaters. 

Chip wood fuel means wood chipped 

into small pieces that are uniform in 

size, shape, moisture, density and 

energy content. 

Coal-only hydronic heater or forcedair furnace means an enclosed, coalmstockstill on DSK4VPTVN1PROD with RULES2

13716 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

burning appliance capable of space 

heating or domestic water heating that 

has all of the following characteristics: 

(1) Installation instructions, owner’s 

manual and marketing information that 

state that the use of wood in the 

appliance, except for coal ignition 

purposes, is prohibited by law; and 

(2) The model is listed by a nationally 

recognized safety-testing laboratory for 

coal use only, except for coal ignition 

purposes. 

Commercial owner means any person 

who owns or controls a residential 

hydronic heater, forced-air furnace or 

other affected central heater in the 

course of the business of the 

manufacture, importation, distribution, 

or sale of the unit. 

Large residential forced-air furnace 

means a residential forced-air furnace 

that is capable of a heat output of 65,000 

BTU per hour or greater. 

Manufactured means completed and 

ready for shipment (whether or not 

assembled or packaged) for purposes of 

determining the date of manufacture. 

Manufacturer means any entity that 

constructs or imports into the United 

States a central heater. 

Model line means all central heaters 

offered for sale by a single manufacturer 

that are similar in all material respects 

that would affect emissions as defined 

in this section. 

Particulate matter (PM) means total 

particulate matter including coarse 

particulate (PM10) and fine particulate 

(PM2.5). 

Pellet fuel means refined and 

densified solid wood shaped into small 

pellets or briquettes that are uniform in 

size, shape, moisture, density and 

energy content. 

Representative affected wood or 

central heater means an individual 

heater that is similar in all material 

respects that would affect emissions as 

defined in this section to other heaters 

within the model line it represents. 

Residential forced-air furnace means 

a fuel burning device designed to burn 

wood or wood pellet fuel that warms 

spaces other than the space where the 

furnace is located, by the distribution of 

air heated by the furnace through ducts. 

Residential hydronic heater means a 

fuel burning device designed to burn 

wood or wood pellet fuel for the 

purpose of heating building space and/ 

or water through the distribution, 

typically through pipes, of a fluid 

heated in the device, typically water or 

a water and antifreeze mixture. 

Residential masonry heater means a 

factory-built or site-built wood-burning 

device in which the heat from 

intermittent fires burned rapidly in the 

firebox is stored in the refractory mass 

for slow release to building spaces. 

Masonry heaters are site-built (using 

local materials or a combination of local 

materials and manufactured 

components) or site-assembled (using 

factory-built components), solid fuelburning heating appliances constructed 

mainly of refractory materials (e.g., 

masonry materials or soapstone. They 

typically have an interior construction 

consisting of a firebox and heat 

exchange channels built from refractory 

components, through which flue gases 

are routed. ASTM E1602 ‘‘Standard 

Guide for Construction of Solid Fuel 

Burning Masonry Heaters’’ provides 

design and construction information for 

the range of masonry heaters most 

commonly built in the United States. 

The site-assembled models are generally 

listed to UL–1482. 

Sale means the transfer of ownership 

or control, except that a transfer of 

control of an affected central heater for 

research and development purposes 

within the scope of § 60.5472(b)(2) is 

not a sale. 

Similar in all material respects that 

would affect emissions means that the 

construction materials, exhaust and 

inlet air system, and other design 

features are within the allowed 

tolerances for components identified in 

§ 60.5475(k). 

Small residential forced-air furnace 

means a residential forced-air furnace 

that is only capable of a maximum heat 

output of less than 65,000 BTU per 

hour. 

Sold at retail means the sale by a 

commercial owner of a central heater to 

the ultimate purchaser/user or 

noncommercial purchaser. 

Third-party certifier (sometimes 

called third-party certifying body or 

product certifying body) means an 

independent third party that is 

accredited under ISO–IEC Standards 

17025 and 17065 to perform 

certifications, inspections and audits by 

an accreditation body that is a full 

member signatory to the International 

Laboratory Accreditation Cooperation 

Mutual Recognition Arrangement and 

approved by the EPA for conducting 

certifications, inspections and audits 

under this subpart. 

Unseasoned wood means wood with 

an average moisture content of 20 

percent or more. 

Valid certification test means a test 

that meets the following criteria: 

(1) The Administrator was notified 

about the test in accordance with 

§ 60.5476(h); 

(2) The test was conducted by an 

approved test laboratory as defined in 

this section; 

(3) The test was conducted on a 

central heater similar in all material 

respects that would affect emissions as 

defined in this section to other central 

heaters of the model line that is to be 

certified; and 

(4) The test was conducted in 

accordance with the test methods and 

procedures specified in § 60.5476. 

Wood heater under this subpart 

means an enclosed, wood burningappliance capable of and intended for 

residential central heating or central 

heating and domestic water heating. 

Unless otherwise specified, these 

devices include, but are not limited to, 

hydronic heaters and forced-air 

furnaces. 

§ 60.5474 What standards and 

requirements must I meet and by when? 

(a) Standards. Unless exempted under 

§ 60.5472, no person is permitted to: 

(1) On or after May 15, 2015, 

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 May 15, 2015 

may be imported into the United States 

and/or sold at retail on or before 

December 31, 2015. 

(2) On or after May 15, 2020 

manufacture or sell at retail a residential 

hydronic heater unless it has been 

certified to meet the 2020 particulate 

matter emission limit in paragraph (b)(2) 

or (b)(3) of this section. 

(3) On or after May 15, 2015, 

manufacture or sell at retail a residential 

forced-air furnace unless it complies 

with the work practice and operating 

standards in paragraphs (d), (e), (f) and 

(g) of this section and the owner’s 

manual requirements in Appendix I. 

(4) On or after May 16, 2016, 

manufacture or sell at retail a small 

residential forced-air furnace unless it 

has been certified to meet the 2016 

particulate matter emission limits in 

paragraph (b)(4) of this section 

(5) On or after May 15, 2017 

manufacture or sell at retail a large 

forced-air furnace unless it has been 

certified to meet the 2017 particulate 

matter emission limits in paragraph 

(b)(5) of this section. 

(6) On or after May 15, 2020 

manufacture or sell at retail a small or 

large residential forced-air furnace 

unless it has been certified to meet the 

2020 particulate matter emission limit 

in paragraph (b)(6) of this section. 

(b)(1) 2015 residential hydronic heater 

particulate matter emission limit: A 

weighted average of 0.32 lb/mmBtu 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13717 

(0.137 g/MJ) heat output and a 

maximum per individual burn rate of 

18.0 g/hr (0.041 lb/hr) as determined by 

the test methods and procedures in 

§ 60.5476 or an alternative crib wood or 

cord wood test method approved by the 

Administrator. 

(2) 2020 residential hydronic heater 

particulate matter emission limit: 0.10 

lb/mmBtu (0.026 g/MJ) heat output per 

individual burn rate as determined by 

the crib wood test methods and 

procedures in § 60.5476 or an 

alternative crib wood test method 

approved by the Administrator . 

(3) 2020 residential hydronic heater 

cord wood alternative compliance 

option for particulate matter emission 

limit: 0.15 lb/mmBtu (0.026 g/MJ) heat 

output per individual burn rate as 

determined by the cord wood test 

methods and procedures in § 60.5476 or 

an alternative cord wood test method 

approved by the Administrator. 

(4) 2016 small forced-air furnace 

particulate matter emission limit: A 

weighted average of 0.93 lb/mmBtu 

(0.40 g/MJ) heat output as determined 

by the test methods and procedures in 

§ 60.5476. 

(5) 2017 large forced-air furnace 

particulate matter emission limit: A 

weighted average of 0.93 lb/mmBtu 

(0.40 g/MJ) heat output as determined 

by the test methods and procedures in 

§ 60.5476. 

(6) 2020 forced-air furnace particulate 

matter emission limit: 0.15 lb/mmBtu 

(0.026 g/MJ) heat output per individual 

burn rate as determined by the cord 

wood test methods and procedures in 

§ 60.5476 or cord wood test methods 

approved by the Administrator. 

(c) [Reserved] 

(d) Chip wood fuel requirements. 

Operators of wood central heaters, 

including hydronic heaters and forcedair furnaces, that are certified to burn 

chip wood fuels may only burn wood 

chips that have been specified in the 

owner’s manual. The chip wood fuel 

must meet the following minimum 

requirements: 

(1) Moisture content: Less than 35 

percent, 

(2) Inorganic fines: Less than or equal 

to 1 percent; 

(3) Chlorides: Less than or equal to 

300 parts per million by weight; 

(4) Ash content: No more than 2 

percent; 

(5) No demolition or construction 

waste; and 

(6) Trace metals: Less than 100 mg/kg. 

(e) Pellet fuel requirements. Operators 

of wood central heaters, including 

outdoor residential hydronic heaters, 

indoor residential hydronic heaters, and 

residential forced-air furnaces, that are 

certified to burn pellet fuels may only 

burn pellets that have been graded 

under a licensing agreement with a 

third-party organization approved by 

the EPA. The Pellet Fuels Institute, 

ENplus and CANplus are initially 

deemed to be approved third-party 

organizations for this purpose, and 

additional organizations may apply to 

the Administrator for approval. The 

pellet fuel must meet the following 

minimum requirements as assured 

through a quality assurance program 

licensed by a third-party organization 

approved by the EPA: 

(1) Density: Consistent hardness and 

energy content with a minimum density 

of 38 pounds/cubic foot; 

(2) Dimensions: Maximum length of 

1.5 inches and diameter between 0.230 

and 0.285 inches; 

(3) Inorganic fines: Less than or equal 

to 1 percent; 

(4) Chlorides: Less than or equal to 

300 parts per million by weight; and 

(5) Ash content: No more than 2 

percent. 

(6) Contains no demolition or 

construction waste; 

(7) Trace metals: Less than 100 mg/kg; 

and 

(8) None of the prohibited fuels in 

paragraph (f) of this section. 

(f) Prohibited fuel types. No person is 

permitted to burn any of the following 

materials in an outdoor residential 

hydronic heater, indoor residential 

hydronic heater, residential forced-air 

furnace or other affected central heater: 

(1) Residential or commercial garbage; 

(2) Lawn clippings or yard waste; 

(3) Materials containing rubber, 

including tires; 

(4) Materials containing plastic; 

(5) Waste petroleum products, paints 

or paint thinners, or asphalt products; 

(6) Materials containing asbestos; 

(7) Construction or demolition debris; 

(8) Paper products; cardboard, 

plywood or particleboard. The 

prohibition against burning these 

materials does not prohibit the use of 

fire starters made from paper, 

cardboard, saw dust, wax and similar 

substances for the purpose of starting a 

fire in an affected central heater; 

(9) Railroad ties or pressure treated 

lumber; 

(10) Manure or animal remains; 

(11) Salt water driftwood or other or 

other previously salt water saturated 

materials; 

(12) Unseasoned wood; 

(13) Any materials that are not 

included in the warranty and owner’s 

manual for the subject heater or furnace; 

or 

(14) Any materials that were not 

included in the certification tests for the 

subject heater or furnace. 

(g) Operation of affected wood 

heaters. A user must operate an outdoor 

residential hydronic heater, indoor 

residential hydronic heater, residential 

forced-air furnace or other affected 

central heater in a manner consistent 

with the owner’s manual. The owner’s 

manual must clearly specify that 

operation in a manner inconsistent with 

the owner’s manual would void the 

warranty. 

(h) Temperature sensor requirement. 

An affected wood heater equipped with 

a catalytic combustor must be equipped 

with a temperature sensor that can 

monitor combustor gas stream 

temperatures within or immediately 

downstream [within 2.54 centimeters (1 

inch)] of the catalytic combustor 

surface. 

§ 60.5475 What compliance and 

certification requirements must I meet and 

by when? 

(a) Certification requirement. (1) Each 

affected residential hydronic heater, 

forced-air furnace and other central 

heater must be certified to be in 

compliance with the applicable 

emission standards and other 

requirements of this subpart. For each 

model line manufactured or sold by a 

single entity, e.g., company or 

manufacturer, compliance with 

applicable emission standards of 

§ 60.5474 must be determined based on 

testing of representative affected central 

heaters within the model line. If one 

entity licenses a model line to another 

entity, each entity’s model line must be 

certified. If an entity intends to change 

the name of the entity or the name of the 

model, the manufacturer must apply for 

a new certification 60 days before 

making the change. 

(2) The manufacturer of each model 

line must submit the information 

required in paragraph (b) of this section 

and follow either the certification 

process in paragraphs (c) through (e) of 

this section (for forced-air furnaces) or 

the certification procedure specified in 

paragraph (f) of this section. 

(3) Models qualified as meeting the 

Phase 2 emission levels under the 2011 

EPA hydronic heater partnership 

agreement are automatically deemed to 

have a certificate of compliance for the 

2015 particulate matter emission 

standards and be valid until the 

effective date for the 2020 particulate 

matter emission standards. 

(4) Models certified by the New York 

State Department of Environment and 

Conservation to meet the emission 

levels in § 60.5474(b) are automatically 

deemed to have a certificate of 

compliance for the 2015 particulate 

matter emission standards and be valid 

mstockstill on DSK4VPTVN1PROD with RULES2

13718 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

until the effective date for the 2020 

particulate matter emission standards. 

(5) Models approved by the New York 

State Energy Research and Development 

Authority under the Renewable Heat 

New York (RHNY) Biomass Boiler 

Program are automatically deemed to 

have a certificate of compliance for the 

2015 particulate matter emission 

standards and be valid until the 

effective date for the 2020 particulate 

matter emission standards provided that 

they comply with the thermal storage 

requirements in the RHNY program. 

(6) Small forced-air furnace models 

that are certified under CSA B415.1–10 

(IBR, see § 60.17), by an EPA approved 

third-party certifier, to meet the 2016 

particulate matter emission level will be 

automatically deemed to have a 

certificate of compliance for the 2016 

particulate matter emission standards 

and be valid until the effective date for 

the 2020 particulate matter emission 

standards. 

(7) Large forced-air furnace models 

that are certified under CSA B415.1–10 

(IBR, see § 60.17), by an EPA approved 

third-party certifier, to meet the 2017 

particulate matter emission level will be 

automatically deemed to have a 

certificate of compliance for the 2017 

particulate matter emission standards 

and be valid until the effective date of 

the 2020 particulate matter emission 

standards. 

(b) Application for a certificate of 

compliance. Any manufacturer of an 

affected residential hydronic heater or 

forced-air furnace or other central heater 

must apply to the Administrator for a 

certificate of compliance for each model 

line. The application must be submitted 

to: WoodHeaterReports@epa.gov. The 

application must be signed by a 

responsible representative of the 

manufacturer or an authorized 

representative and must contain the 

following: 

(1) The model name and/or design 

number. The model name and/or design 

number must clearly distinguish one 

model from another. The name and/or 

design number cannot include the EPA 

symbol or logo or name or derivatives 

such as ‘‘EPA.’’ 

(2) Engineering drawings and 

specifications of components that may 

affect emissions (including 

specifications for each component listed 

in paragraph (k) of this section). 

Manufacturers may use assembly or 

design drawings that have been 

prepared for other purposes, but must 

designate on the drawings the 

dimensions of each component listed in 

paragraph (k) of this section. 

Manufacturers must identify 

dimensions of components listed in 

paragraph (k)(2) of this section that are 

different from those specified in that 

paragraph, and show that such 

differences cannot reasonably be 

anticipated to cause central heaters in 

the model line to exceed the applicable 

emission limits. The drawings must 

identify how the emission critical parts, 

such as air tubes and catalyst, can be 

readily inspected and replaced. 

(3) A statement whether the firebox or 

any firebox component (including the 

materials listed in paragraph (k)(3) of 

this section) will be composed of 

material different from the material used 

for the firebox or firebox component in 

the central heater on which certification 

testing was performed and a description 

of any such differences and 

demonstration that any such differences 

may not reasonably be anticipated to 

adversely affect emissions or efficiency. 

(4) Clear identification of any claimed 

confidential business information (CBI). 

Submit such information under separate 

cover to the EPA CBI Office; Attn: 

Residential Wood Heater Compliance 

Program Lead, 1200 Pennsylvania Ave. 

NW., Washington, DC 20004. Note that 

all emissions data, including all 

information necessary to determine 

emission rates in the format of the 

standard, cannot be claimed as CBI. 

(5) All documentation pertaining to a 

valid certification test, including the 

complete test report and, for all test 

runs: Raw data sheets, laboratory 

technician notes, calculations and test 

results. Documentation must include 

the items specified in the applicable test 

methods. Documentation must include 

discussion of each test run and its 

appropriateness and validity, and must 

include detailed discussion of all 

anomalies, whether all burn rate 

categories were achieved, any data not 

used in the calculations and, for any test 

runs not completed, the data collected 

during the test run and the reason(s) 

that the test run was not completed. The 

documentation must show that the burn 

rate for the low burn rate category is no 

greater than the rate that an operator can 

achieve in home use and no greater than 

is advertised by the manufacturer or 

retailer. The test report must include a 

summary table that clearly presents the 

individual and overall emission rates, 

efficiencies and heat outputs. Submit 

the test report and all associated 

required information according to the 

procedures for electronic reporting 

specified in § 60.5479(f). 

(6) A copy of the warranties for the 

model line, which must include a 

statement that the warranties are void if 

the unit is used to burn materials for 

which the unit is not certified by the 

EPA and void if not operated according 

to the owner’s manual. 

(7) A statement that the manufacturer 

will conduct a quality assurance 

program for the model line that satisfies 

the requirements of paragraph (m) of 

this section. 

(8) A statement describing how the 

tested unit was sealed by the laboratory 

after the completion of certification 

testing and asserting that such unit will 

be stored by the manufacturer in the 

sealed state until 5 years after the 

certification test. 

(9) Statements that the central heater 

manufactured under this certificate will 

be— 

(i) Similar in all material respects that 

would affect emissions as defined in 

this subpart to the central heater 

submitted for certification testing, and 

(ii) Labeled as prescribed in § 60.5478. 

(iii) Accompanied by an owner’s 

manual that meets the requirements in 

§ 60.5478. In addition, a copy of the 

owner’s manual must be submitted to 

the EPA and be available to the public 

on the manufacturer’s Web site. 

(10) A statement that the 

manufacturer has entered into contracts 

with an approved laboratory and an 

approved third-party certifier that 

satisfy the requirements of paragraph (f) 

of this section. 

(11) A statement that the approved 

laboratory and approved third-party 

certifier are allowed to submit 

information on behalf of the 

manufacturer, including any claimed to 

be CBI. 

(12) A statement that the 

manufacturer will place a copy of the 

certification test report and summary on 

the manufacturer’s Web site available to 

the public within 30 days after the 

Administrator issues a certificate of 

compliance. 

(13) A statement of acknowledgment 

that the certificate of compliance cannot 

be transferred to another manufacturer 

or model line without written approval 

by the Administrator. 

(14) A statement acknowledging that 

it is unlawful to sell, distribute, or offer 

to sell or distribute an affected wood 

heater without a valid certificate of 

compliance. 

(15) Contact information for the 

responsible representative of the 

manufacturer and all authorized 

representatives, including name, 

affiliation, physical address, telephone 

number and email address. 

(c) Administrator approval process. 

(1) The Administrator may issue a 

certificate of compliance for a model 

line if the Administrator determines, 

based on all information submitted by 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13719 

the applicant and any other relevant 

information available, that: 

(i) A valid certification test 

demonstrates that the representative 

affected central heater complies with 

the applicable emission standards in 

§ 60.5474; 

(ii) Any tolerances or materials for 

components listed in paragraph (k)(2) or 

(3) of this section that are different from 

those specified in those paragraphs may 

not reasonably be anticipated to cause 

central heaters in the model line to 

exceed the applicable emission limits; 

and 

(iii) The requirements of paragraph (b) 

of this section have been met. 

(2) The Administrator will deny 

certification if the Administrator 

determines that the criteria in paragraph 

(c)(1) of this section have not been 

satisfied. Upon denying certification 

under this paragraph, the Administrator 

will give written notice to the 

manufacturer setting forth the basis for 

this determination. 

(d) Level of compliance certification. 

The Administrator will issue the 

certificate of compliance for the most 

stringent particulate matter emission 

standard that the tested representative 

central heater meets under § 60.5474. 

(e) Conditional, temporary certificate 

of compliance. A conditional, temporary 

certificate of compliance with the Step 

1 p.m. emission standards may be 

granted by the Administrator until May 

16, 2016 for small or large forced-air 

furnaces based on the manufacturer’s 

submittal of a complete certification 

application meeting all requirements in 

§ 60.5475(b). The application must 

include the full test report by an EPAapproved laboratory and all required 

compliance statements by the 

manufacturer with the exception of a 

certificate of conformity by an EPA 

approved third-party certifier. The 

conditional, temporary approval would 

allow early marketing of forced-air 

furnaces as having a conditional, 

temporary certificate of compliance 

with the Step 1 p.m. emission standards 

until May 16, 2016 or until the 

Administrator completes the review of 

the application, whichever is earlier. 

(f) Third-party certifier-based 

application process. (1) Any 

manufacturer of an affected central 

heater must apply to the Administrator 

for a certificate of compliance for each 

model line. The manufacturer must 

meet the following requirements: 

(i) The manufacturer must contract 

with a third-party certifier for 

certification services. The contract must 

include regular (at least annual) 

unannounced audits under ISO–IEC 

Standard 17065 to ensure that the 

manufacturer’s quality assurance plan is 

being implemented. The contract must 

also include a report for each audit 

under ISO–IEC Standard 17065 that 

fully documents the results of the audit. 

The contract must include authorization 

and requirement for the third-party 

certifier to submit all such reports to the 

Administrator and the manufacturer 

within 30 days of the audit. The audit 

report must identify deviations from the 

manufacturer’s quality assurance plan 

and specify the corrective actions that 

need to be taken to address each 

identified deficiency. 

(ii) The manufacturer must submit the 

materials specified in paragraph (b) of 

this section and a quality assurance plan 

that meets the requirements of 

paragraph (m) of this section to the 

third-party certifier. The quality 

assurance plan must ensure that units 

within a model line will be similar in 

all material respects that would affect 

emissions to the wood heater submitted 

for certification testing, and it must 

include design drawings for the model 

line. 

(iii) The manufacturer must apply to 

the third-party certifier for a 

certification of conformity with the 

applicable requirements of this subpart 

for the model line. 

(A) After testing by an approved test 

laboratory is complete, certification of 

conformity with the emission standards 

in § 60.5474 must be performed by the 

manufacturer’s contracted third-party 

certifier. 

(B) The third-party certifier may 

certify conformity if the emission tests 

have been conducted per the 

appropriate guidelines: The test report 

is complete and accurate; the 

instrumentation used for the test was 

properly calibrated; the test report 

shows that the representative affected 

central heater meets the applicable 

emission limits specified in § 60.5474; 

and the quality assurance plan is 

adequate to ensure that units within the 

model line will be similar in all material 

respects that would affect emissions to 

the central heater submitted for 

certification testing, and that the 

affected heaters would meet all 

applicable requirements of this subpart. 

(iv) The manufacturer must then 

submit to the Administrator an 

application for a certificate of 

compliance that includes the 

certification of conformity, quality 

assurance plan, test report and all 

supporting documentation specified in 

paragraph (b) of this section. 

(v) The submission also must include 

a statement signed by a responsible 

official of the manufacturer or 

authorized representative that the 

manufacturer has complied with and 

will continue to comply with all 

requirements of this subpart for 

certificate of compliance and that the 

manufacturer remains responsible for 

compliance regardless of any error by 

the test laboratory or third-party 

certifier. 

(2) The Administrator will issue to the 

manufacturer a certificate of compliance 

for a model line if it is determined, 

based on all of the information 

submitted in the application for 

certification and any other relevant 

information, that: 

(i) A valid certification of conformity 

has demonstrated that the representative 

affected central heater complies with 

the applicable emission standards in 

§ 60.5474; 

(ii) Any tolerances or materials for 

components listed in paragraph (k)(2) or 

(3) of this section that are different from 

those specified in those paragraphs may 

not be reasonably anticipated to cause 

central heaters in the model line to 

exceed the applicable emission limits; 

(iii) The requirements of paragraphs 

(b) of this section have been met; and 

(iv) A valid certificate of conformity 

for the model line has been prepared 

and submitted. 

(3) The Administrator will deny 

certification if the Administrator 

determines that the criteria in paragraph 

(f)(2) of this section have not been 

satisfied. Upon denying certification 

under this paragraph, the Administrator 

will give written notice to the 

manufacturer setting forth the basis for 

the determination. 

(g) Waiver from submitting test 

results. An applicant for certification 

may apply for a potential waiver of the 

requirement to submit the results of a 

certification test pursuant to paragraph 

(b) of this section, if the central heater 

meets either of the following conditions: 

(1) The central heaters of the model 

line are similar in all material respects 

that would affect emissions, as defined 

in § 60.5473 and paragraph (k) of this 

section, to another model line that has 

already been issued a certificate of 

compliance. A manufacturer that seeks 

a waiver of certification testing must 

identify the model line that has been 

certified, and must submit a copy of an 

agreement with the owner of the design 

permitting the applicant to produce 

central heaters of that design. 

(2) The manufacturer has previously 

conducted a valid certification test to 

demonstrate that the central heaters of 

the model line meet the applicable 

standard specified in § 60.5474. 

(h) Certification period. Unless 

revoked sooner by the Administrator, a 

certificate of compliance will be valid 

mstockstill on DSK4VPTVN1PROD with RULES2

13720 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

for 5 years from the date of issuance or 

until a more stringent standard comes 

into effect, whichever is sooner. 

(i) Renewal of certification. (1) The 

manufacturer must renew a model line’s 

certificate of compliance or recertify the 

model line every 5 years, or the 

manufacturer may choose to no longer 

manufacture or sell that model line after 

the expiration date. If the manufacturer 

chooses to no longer manufacture that 

model line, then the manufacturer must 

submit a statement to the Administrator 

to that effect. 

(2) A manufacturer of an affected 

residential hydronic heater or forced-air 

furnace or other central heater may 

apply to the Administrator for potential 

renewal of its certificate of compliance 

by submitting the material specified in 

paragraph (b) and following the 

procedures specified in paragraph (f) of 

this section, or by affirming in writing 

that the central heaters in the model line 

continue to be similar in all material 

respects that would affect emissions to 

the representative central heater 

submitted for testing on which the 

original certificate of compliance was 

based and requesting a potential waiver 

from certification testing. The 

application must include a copy of the 

review of the draft application and 

approval by the third-party certifier. 

(3) If the Administrator grants a 

renewal of certification, the 

Administrator will give written notice to 

the manufacturer setting forth the basis 

for the determination and issue a 

certification renewal. 

(4) If the Administrator denies the 

request for a renewal of certification, the 

Administrator will give written notice to 

the manufacturer setting forth the basis 

for the determination. 

(5) If the Administrator denies the 

request for a renewal of certification, the 

manufacturer and retailer must not 

manufacture or sell the previouslycertified central heaters after the 

expiration date of the certificate of 

compliance. 

(j) [Reserved] 

(k) Recertification. (1) The 

manufacturer must recertify a model 

line whenever any change is made in 

the design submitted pursuant to 

paragraph (k)(2) of this section that 

affects or is presumed to affect the 

particulate matter emission rate for that 

model line. The manufacturer of an 

affected central heater must apply to the 

Administrator for potential 

recertification by submitting the 

material specified in paragraph (b) of 

this section and following the 

procedures specified in paragraph (f) of 

this section or by affirming in writing 

that the change will not cause the 

central heaters in the model line to 

exceed applicable emission limits and 

requesting a waiver from certification 

testing. The application for 

recertification must be reviewed and 

approved by the contracted third-party 

certifier and a copy of the review and 

approval must be included. The 

Administrator may waive this 

requirement upon written request by the 

manufacturer, if the manufacturer 

presents adequate rationale and the 

Administrator determines that the 

change may not reasonably be 

anticipated to cause central heaters in 

the model line to exceed the applicable 

emission limits. The granting of such a 

waiver does not relieve the 

manufacturer of any compliance 

obligations under this subpart. 

(2) Any change in the design 

tolerances of any of the following 

components (where such components 

are applicable) is presumed to affect 

particulate matter and carbon monoxide 

emissions and efficiency if that change 

exceeds ±0.64 cm (±1/4 inch) for any 

linear dimension and ±5 percent for any 

cross-sectional area relating to air 

introduction systems and catalyst 

bypass gaps unless other dimensions 

and cross-sectional areas are previously 

approved by the Administrator under 

paragraph (c)(1)(ii) of this section: 

(i) Firebox: Dimensions; 

(ii) Air introduction systems: Crosssectional area of restrictive air inlets and 

outlets, location and method of control; 

(iii) Baffles: Dimensions and 

locations; 

(iv) Refractory/insulation: Dimensions 

and location; 

(v) Catalyst: Dimensions and location; 

(vi) Catalyst bypass mechanism and 

catalyst bypass gap tolerances (when 

bypass mechanism is in closed 

position): Dimensions, cross-sectional 

area, and location; 

(vii) Flue gas exit: Dimensions and 

location; 

(viii) Door and catalyst bypass 

gaskets: Dimensions and fit; 

(ix) Outer thermal shielding and 

thermal coverings: Dimensions and 

location; 

(x) Fuel feed system: For central 

heaters that are designed primarily to 

burn wood pellet fuel or wood chips 

and other central heaters equipped with 

a fuel feed system, the fuel feed rate, 

auger motor design and power rating, 

and the angle of the auger to the firebox; 

and 

(xi) Forced air combustion system: 

For central heaters so equipped, the 

location and horsepower of blower 

motors and the fan blade size. 

(3) Any change in the materials used 

for the following components is 

presumed to affect particulate matter 

emissions and efficiency: 

(i) Refractory/insulation; or 

(ii) Door and catalyst bypass gaskets. 

(4) A change in the make, model, or 

composition of a catalyst is presumed to 

affect particulate matter and carbon 

monoxide emissions and efficiency, 

unless the change has been requested by 

the central heater manufacturer and has 

been approved in advance by the 

Administrator, based on test data that 

demonstrate that the replacement 

catalyst is equivalent to or better than 

the original catalyst in terms of 

particulate matter emission reduction. 

(l) Criteria for revocation of 

certification. (1) The Administrator may 

revoke certification of a product line if 

it is determined that the central heaters 

being manufactured or sold in that 

model line do not comply with the 

requirements of this subpart. Such a 

determination will be based on all 

available evidence, including but not 

limited to: 

(i) Test data from retesting of the 

original unit on which the certification 

test was conducted on a unit that is 

similar in all material respects that 

would affect emissions; 

(ii) A finding that the certification test 

was not valid. The finding will be based 

on problems or irregularities with the 

certification test or its documentation, 

but may be supplemented by other 

information; 

(iii) A finding that the labeling of the 

central heater model line or the owner’s 

manual or the associated marketing 

information does not comply with the 

requirements of § 60.5478; 

(iv) Failure by the manufacturer to 

comply with the reporting and 

recordkeeping requirements of 

§ 60.5479; 

(v) Physical examination showing that 

a significant percentage (as defined in 

the quality assurance plan approved 

pursuant to paragraph (m) of this 

section, but no larger than 1 percent) of 

production units inspected is not 

similar in all material respects that 

would affect emissions to the 

representative affected central heater 

submitted for certification testing; or 

(vi) Failure of the manufacturer to 

conduct a quality assurance program in 

conformity with paragraph (m). 

(vii) Failure of the approved 

laboratory to test the central heater 

using the methods specified in 

§ 60.5476. 

(2) Revocation of certification under 

this paragraph (l) of this section will not 

take effect until the manufacturer 

concerned has been given written notice 

by the Administrator setting forth the 

basis for the proposed determination 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13721 

and an opportunity to request a hearing 

under § 60.5481. 

(m) Quality assurance program. On or 

after May 16, 2016, for each certified 

model line, the manufacturer must 

conduct a quality assurance program 

that satisfies the requirements of 

paragraphs (m)(1) through (5) of this 

section. 

(1) The manufacturer must prepare 

and operate according to a quality 

assurance plan for each certified model 

line that includes specific inspection 

and testing requirements for ensuring 

that all units within a model line are 

similar in all material respects that 

would affect emissions to the central 

heater submitted for certification testing 

and meet the emissions standards in 

§ 60.5474. 

(2) The quality assurance plan must 

be approved by the third-party certifier 

as part of the certification of conformity 

process specified in paragraph (f) of this 

section. 

(3) The quality assurance plan must 

include regular (at least annual) 

unannounced audits by the third-party 

certifier under ISO–IEC Standard 17065 

to ensure that the manufacturer’s quality 

assurance plan is being implemented. 

(4) The quality assurance plan must 

include a report for each audit under 

ISO–IEC Standard 17065 that fully 

documents the results of the audit. The 

third-party certifier must be authorized 

and required to submit all such reports 

to the Administrator within 30 days of 

the audit. The audit report must identify 

deviations from the manufacturer’s 

quality assurance plan and specify the 

corrective actions that need to be taken 

to address each identified deficiency. 

(5) Within 30 days after receiving 

each audit report, the manufacturer 

must report to the third-party certifier 

and to the Administrator its corrective 

actions and responses to any 

deficiencies identified in the audit 

report. No such report is required if an 

audit report did not identify any 

deficiencies. 

(n) EPA compliance audit testing. 

(1)(i) The Administrator may select by 

written notice central heaters or model 

lines for compliance audit testing to 

determine compliance with the 

emission standards in § 60.5474. 

(ii) The Administrator will transmit a 

written notification of the selected 

central heaters or model line(s) to the 

manufacturer, which will include the 

name and address of the laboratory 

selected to perform the audit test and 

the model name and serial number of 

the central heater(s) or central heater 

model line(s) selected to undergo audit 

testing. 

(2)(i) The Administrator may test, or 

direct the manufacturer to have tested, 

the central heater(s) from the model 

line(s) selected under paragraph (n)(1)(i) 

of this section in a laboratory approved 

under § 60.5477. The Administrator may 

select any approved test laboratory or 

federal laboratory for this audit testing. 

(ii) The expense of the compliance 

audit test is the responsibility of the 

central heater manufacturer. 

(iii) The test must be conducted using 

the same test method used to obtain 

certification. If the certification test 

consisted of more than one particulate 

matter sampling test method, the 

Administrator may direct the 

manufacturer and test laboratory as to 

which of these methods to use for the 

purpose of audit testing. The 

Administrator will notify the 

manufacturer at least 30 days prior to 

any test under this paragraph, and allow 

the manufacturer and/or his authorized 

representatives to observe the test. 

(3) Revocation of certification. (i) If 

emissions from a central heater tested 

under paragraph (n)(2) of this section 

exceed the applicable emission standard 

by more than 50 percent using the same 

test method used to obtain certification, 

the Administrator will notify the 

manufacturer that certification for that 

model line is suspended effective 72 

hours from the receipt of the notice, 

unless the suspension notice is 

withdrawn by the Administrator. The 

suspension will remain in effect until 

withdrawn by the Administrator, or the 

date 30 days from its effective date if a 

revocation notice under paragraph 

(n)(3)(ii) of this section is not issued 

within that period, or the date of final 

agency action on revocation, whichever 

occurs earliest. 

(ii)(A) If emissions from a central 

heater tested under paragraph (n)(2) of 

this section exceed the applicable 

emission limit, the Administrator will 

notify the manufacturer that 

certification is revoked for that model 

line. 

(B) A notice under paragraph 

(n)(3)(ii)(A) of this section will become 

final and effective 60 days after the date 

of written notification to the 

manufacturer, unless it is withdrawn, a 

hearing is requested under 

§ 60.5481(a)(2), or the deadline for 

requesting a hearing is extended. 

(C) The Administrator may extend the 

deadline for requesting a hearing for up 

to 60 days for good cause. 

(D) A manufacturer may extend the 

deadline for requesting a hearing for up 

to 6 months, by agreeing to a voluntary 

suspension of certification. 

(iii) Any notification under paragraph 

(n)(3)(i) or (ii) of this section will 

include a copy of a preliminary test 

report from the approved test laboratory 

or federal test laboratory. The test 

laboratory must provide a preliminary 

test report to the Administrator within 

14 days of the completion of testing, if 

a central heater exceeds the applicable 

emission limit in § 60.5474. The test 

laboratory must provide the 

Administrator and the manufacturer, 

within 30 days of the completion of 

testing, all documentation pertaining to 

the test, including the complete test 

report and raw data sheets, laboratory 

technician notes, and test results for all 

test runs. 

(iv) Upon receiving notification of a 

test failure under paragraph (n)(3)(ii) of 

this section, the manufacturer may 

request that up to four additional central 

heaters from the same model line be 

tested at the manufacturer’s expense, at 

the test laboratory that performed the 

emissions test for the Administrator. 

(v) Whether or not the manufacturer 

proceeds under paragraph (n)(3)(iv) of 

this section, the manufacturer may 

submit any relevant information to the 

Administrator, including any other test 

data generated pursuant to this subpart. 

The manufacturer must bear the 

expense of any additional testing. 

(vi) The Administrator will withdraw 

any notice issued under paragraph 

(n)(3)(ii) of this section if tests under 

paragraph (n)(3)(iv) of this section show 

either— 

(A) That exactly four additional 

central heaters were tested for the 

manufacturer and all four met the 

applicable emission limits; or 

(B) That exactly two additional 

central heaters were tested for the 

manufacturer and each of them met the 

applicable emission limits and the 

average emissions of all three tested 

heaters (the original audit heater and the 

two additional heaters) met the 

applicable emission limits. 

(vii) If the Administrator withdraws a 

notice pursuant to paragraph (n)(3)(vi) 

of this section, the Administrator will 

revise the certification values for the 

model line based on the test data and 

other relevant information. The 

manufacturer must then revise the 

labels and marketing information 

accordingly. 

(viii) The Administrator may 

withdraw any proposed revocation, if 

the Administrator finds that an audit 

test failure has been rebutted by 

information submitted by the 

manufacturer under paragraph (n)(3)(iv) 

of this section and/or (n)(3)(v) of this 

section or by any other relevant 

information available to the 

Administrator. 

mstockstill on DSK4VPTVN1PROD with RULES2

13722 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

§ 60.5476 What test methods and 

procedures must I use to determine 

compliance with the standards and 

requirements for certification? 

Test methods and procedures 

specified in this section or in 

appendices of this part, except as 

provided under § 60.8(b), must be used 

to determine compliance with the 

standards and requirements for 

certification under §§ 60.5474 and 

60.5475 and for reporting carbon 

monoxide emissions and efficiency. The 

EPA will post all approved alternative 

test methods on the EPA Web site. The 

manufacturer or the manufacturer’s 

authorized representative must submit a 

summary and the full test report with all 

supporting information, including 

detailed discussion of all anomalies, 

whether all burn rate categories were 

properly achieved, any data not used in 

the calculations and, for any test runs 

not completed, the data that were 

collected and the reason that the test 

run was not completed. The burn rate 

for the low burn rate category must be 

no greater than the rate that an operator 

can achieve in home use and no greater 

than is advertised by the manufacturer 

or retailer. 

(a) Canadian Standards 

Administration (CSA) Method B415.1– 

10, sections 13.7–13.10 (IBR, see 

§ 60.17), must be used to measure the 

thermal efficiency and CO emissions of 

outdoor and indoor residential hydronic 

heaters and forced-air furnaces, except 

that the burn rates specified in Method 

28WHH must be used for hydronic 

heaters. 

(b) Testing conducted with 

continuously fed biomass as the fuel(s) 

must be conducted according to the 

relevant section of the ASTM E2618–13 

(IBR, see § 60.17) or adaptations 

approved by EPA. The EPA will post all 

approved alternative test methods on 

the EPA Web site. 

(c)(1) For outdoor and indoor 

residential hydronic heaters to be tested 

under the 2015 particulate matter 

emission standards in § 60.5474(b)(1), 

the manufacturer must have an EPAapproved test laboratory use: 

(i) Method 28WHH; 

(ii) Method 28WHH PTS; 

(iii) ASTM E2618–13 (IBR, see 

§ 60.17) (using crib wood); or 

(iv) EN 303–5 (IBR, see § 60.17), only 

for units sold with thermal storage. 

(2) For outdoor and indoor residential 

hydronic heaters to be tested under the 

2020 particulate matter emission 

standards in § 60.5474(b)(2), the 

manufacturer must have an EPAapproved test laboratory use: 

(i) Method 28WHH; 

(ii) Method 28WHH PTS; or 

(iii) ASTM E2618–13 (IBR, see 

§ 60.17) (using crib wood). 

(3) If the heater is equipped with full 

or partial heat storage, the manufacturer, 

retailer and installer must not sell or 

install the heater with less heat storage 

capacity than is used in the certification 

test. 

(4) The manufacturer and approved 

laboratory must make the following 

adjustments to the methods listed in 

paragraphs (a), (c)(1) and (2) of this 

section: 

(i) For ASTM E2618–13 (IBR, see 

§ 60.17), the burn rate categories 

specified in Method 28WHH must be 

used; 

(ii) For EN 303–5 (IBR, see § 60.17), 

the organic compounds must be 

included as part of the PM. 

(iii) For ASTM 2618–13 (IBR, see 

§ 60.17) Appendix A1 for full thermal 

storage certification tests, the test must 

use the large scale as required in the test 

method unless the manufacturer 

requests a variance, in advance of 

testing, contingent upon measuring flue 

gas temperature, oxygen and CO, using 

a simple electronic spreadsheet 

calculator to estimate efficiency and 

conducting a comparison to the 

delivered efficiency to determine if a 

more detailed examination should be 

made. 

(5) For particulate matter emission 

concentrations measured with ASTM 

E2515–11 (IBR, see § 60.17), four-inch 

filters and Teflon membrane filters or 

Teflon-coated glass fiber filters may be 

used. 

(6) For all tests conducted using 

ASTM 2515–11 (IBR, see § 60.17) 

pursuant to this section, the 

manufacturer and approved test 

laboratory must also measure the first 

hour of particulate matter emissions for 

each test run using a separate filter in 

one of the two parallel trains. The 

manufacturer and approved test 

laboratory must report the test results 

for the first hour separately and also 

include them in the total particulate 

matter emissions per run. 

(d)(1) For hydronic heaters subject to 

the 2020 cord wood alternative 

compliance option specified in 

§ 60.5474(b)(3), the manufacturers must 

have the approved laboratory conduct 

cord wood testing using the test 

methods listed below: 

(i) Method 28WHH; 

(ii) Method 28WHH PTS; or 

(iii) ASTM E2618–13 (IBR, see 

§ 60.17) (using cord wood). 

(2) If the heater is equipped with full 

or partial heat storage, the manufacturer, 

retailer and installer must not sell or 

install the heater with less heat storage 

capacity than is used in the certification 

test. 

(3) The manufacturer and approved 

laboratory must make the following 

adjustments to the methods listed in 

(d)(1) of this section: 

(i) For ASTM E2618–13 (IBR, see 

§ 60.17), use the burn rate categories 

specified in Method 28WHH; 

(ii) For all methods, report the results 

separately per burn rate category. 

(e) For forced-air furnaces, use CSA 

Method B415.1–10 (IBR, see § 60.17) to 

measure the heat output (mmBtu/hr) 

and particulate matter emission rate (lb/ 

mmBtu heat output), except use the 

burn rate categories in Method 28WHH 

for the 2020 particulate matter emission 

standards. For the 2020 particulate 

matter emission standards, report the 

particulate matter, efficiency and CO 

emission results separately per burn rate 

category. 

(f) For affected wood heaters subject 

to the particulate matter emission 

standards, emission concentrations 

must be measured with ASTM E2515– 

11 (IBR, see § 60.17), except for the 2015 

certification tests using EN303–5 (IBR, 

see § 60.17). As required in paragraph 

(c)(4)(ii) of this section, the 

manufacturer and approved laboratory 

must add the organic gases to the PM for 

EN 303–5. Four-inch filters and Teflon 

membrane filters or Teflon-coated glass 

fiber filters may be used in ASTM 

E2515–11. Method 5H is not allowed for 

certification testing. 

(g) Douglas fir may be used in ASTM 

E2618–13 and CSA B415.1–10 (IBR, see 

§ 60.17). 

(h) The manufacturer of an affected 

central heater model line must notify 

the Administrator of the date that 

certification testing is to begin, by email, 

to WoodHeaterReports@epa.gov. This 

notice must be at least 30 days before 

the start of testing. The notification of 

testing must include the manufacturer’s 

name and physical and email addresses, 

the approved test laboratory’s name and 

physical and email addresses, thirdparty certifier name, the model name 

and number (or, if unavailable, some 

other way to distinguish between 

models), and the dates of testing. The 

laboratory may substitute certification 

testing of another affected central heater 

on the original date in order to ensure 

regular laboratory testing operations. 

(i) The approved test laboratory must 

allow the manufacturer, the 

manufacturer’s approved third-party 

certifier, the EPA and delegated state 

regulatory agencies to observe 

certification testing. However, 

manufacturers must not involve 

themselves in the conduct of the test 

after the pretest burn has begun. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13723 

Communications between the 

manufacturer and laboratory or thirdparty certifier personnel regarding 

operation of the central heater must be 

limited to written communications 

transmitted prior to the first pretest burn 

of the certification series. During 

certification tests, the manufacturer may 

communicate with laboratory personnel 

only in writing and only to notify them 

that the manufacturer has observed a 

deviation from proper test procedures. 

All communications must be included 

in the test documentation required to be 

submitted pursuant to § 60.5475(b)(5) 

and must be consistent with 

instructions provided in the owner’s 

manual required under § 60.5478(f), 

except to the extent that they address 

details of the certification tests that 

would not be relevant to owners or 

regulators. 

§ 60.5477 What procedures must I use for 

EPA approval of a test laboratory or EPA 

approval of a third-party certifier? 

(a) Test laboratory approval. (1) A 

laboratory must apply to the 

Administrator for approval to test under 

this rule by submitting documentation 

that the laboratory is accredited by a 

nationally recognized accrediting entity 

under ISO–IEC Standard 17025 to 

perform testing using the test methods 

specified under § 60.5476. Laboratories 

accredited by EPA prior to May 15, 2015 

may have until May 15, 2018 to submit 

documentation that they have 

accreditation under ISO–IEC Standard 

17025 to perform testing using the test 

methods specified under § 60.5476. ISO 

accreditation is required for all other 

laboratories performing hydronic heater 

testing beginning on May 15, 2015, and 

performing forced-air furnace testing 

beginning on November 16, 2015. 

(2) As part of the application, the test 

laboratory must: 

(i) Agree to participate biennially in 

an independently operated proficiency 

testing program with no direct ties to 

the laboratories participating; 

(ii) Agree to allow the Administrator, 

regulatory agencies and certifying 

bodies access to observe certification 

testing; 

(iii) Agree to comply with calibration, 

reporting and recordkeeping 

requirements that affect testing 

laboratories; and 

(iv) Agree to perform a compliance 

audit test at the manufacturer’s expense 

at the testing cost normally charged to 

such manufacturer if the laboratory is 

selected by the Administrator to 

conduct the compliance audit test of the 

manufacturer’s model line. The test 

laboratory must provide a preliminary 

audit test report to the Administrator 

within 14 days of the completion of 

testing, if a central heater exceeds the 

applicable emission limit in § 60.5474. 

The test laboratory must provide the 

Administrator and the manufacturer, 

within 30 days of the completion of 

audit testing, all documentation 

pertaining to the test, including the 

complete test report and raw data 

sheets, laboratory technician notes, and 

test results for all test runs. 

(v) Have no conflict of interest and 

receive no financial benefit from the 

outcome of certification testing 

conducted pursuant to § 60.5475. 

(vi) Agree to not perform initial 

certification tests on any models 

manufactured by a manufacturer for 

which the laboratory has conducted 

research and development design 

services within the last 5 years. 

(vii) Agree to seal any wood heater on 

which it performed certification tests, 

immediately upon completion or 

suspension of certification testing, by 

using a laboratory-specific seal. 

(viii) Agree to immediately notify the 

Administrator of any suspended tests 

through email and in writing, giving the 

date suspended, the reason(s) why, and 

the projected date for restarting. The 

laboratory must submit the operation 

and test data obtained, even if the test 

is not completed. 

(3) If the EPA approves the laboratory, 

the Administrator will provide the test 

laboratory with a certificate of approval 

for testing under this rule. If the EPA 

does not approve the laboratory, the 

Administrator will give written notice to 

the laboratory setting forth the basis for 

the determination. 

(b) Revocation of test laboratory 

approval. (1) The Administrator may 

revoke the EPA laboratory approval if it 

is determined that the laboratory: 

(i) Is no longer accredited by the 

accreditation body; 

(ii) Does not follow required 

procedures or practices; 

(iii) Has falsified data or otherwise 

misrepresented emission data; 

(iv) Failed to participate in a 

proficiency testing program, in 

accordance with its commitment under 

paragraph (a)(2)(i) of this section; or 

(v) Failed to seal the central heater in 

accordance with paragraph (a)(2)(vii) of 

this section. 

(2) Revocation of approval under this 

paragraph (b) will not take effect until 

the laboratory concerned has been given 

written notice by the Administrator 

setting forth the basis for the proposed 

determination and an opportunity for a 

hearing under § 60.5481. However, if 

revocation is ultimately upheld, all tests 

conducted by the laboratory after 

written notice was given will, at the 

discretion of the Administrator, be 

declared invalid. 

(c) Period of test laboratory approval. 

(1) With the exception of laboratories 

meeting the provisions of paragraph 

(c)(2) of this section, and unless revoked 

sooner, a certificate of approval for 

testing under this rule is valid for 5 

years from the date of issuance. 

(2) Laboratories accredited by the EPA 

by May 15, 2015, under the provisions 

of § 60.535 as in effect prior to that date 

may continue to be EPA accredited and 

deemed EPA approved for testing under 

this subpart until May 15, 2018, at 

which time the EPA accreditation and 

approval ends unless the laboratory has 

obtained accreditation under § 60.5477 

as in effect on that date. 

(d) Third-party certifier approval. (1) 

A Third-party certifier may apply to the 

Administrator for approval to be an 

EPA-approved third-party certifier by 

submitting credentials demonstrating 

that it has been accredited by a 

nationally recognized accrediting entity 

to perform certifications and inspections 

under ISO–IEC Standard 17025, ISO– 

IEC Standard 17065 and ISO–IEC 

Standard 17020. 

(2) As part of the application, the 

third-party certifier must: 

(i) Agree to offer to contract with 

central heater manufacturers to perform 

third-party certification activities 

according to the requirements set out in 

this subpart. 

(ii) Agree to periodically conduct 

audits as described in § 60.5475(m) and 

the manufacturer’s quality assurance 

program; 

(iii) Agree to comply with reporting 

and recordkeeping requirements that 

affect approved central heater testing 

laboratories and third-party certifiers; 

(iv) Have no conflict of interest and 

receive no financial benefit from the 

outcome of certification testing 

conducted pursuant to § 60.5475; 

(v) Agree to make available to the 

Administrator supporting 

documentation for each central heater 

certification and audit; and 

(vi) Agree to not perform initial 

certification reviews on any models 

manufactured by a manufacturer for 

which the third-party certifier has 

conducted research and development 

design services within the last 5 years. 

(3) If approved, the Administrator will 

provide the third-party certifier with a 

certificate of approval. The approval 

will expire 5 years after being issued 

unless renewed by the third-party 

certifier. If the EPA denies the approval, 

the Administrator will give written 

notice to the third-party certifier for the 

basis for the determination. 

mstockstill on DSK4VPTVN1PROD with RULES2

13724 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

(e) Revocation of third-party certifier 

approval. (1) The Administrator will 

revoke the third-party certifier’s EPA 

approval if it is determined that the 

certifier: 

(i) Is no longer accredited by the 

accreditation body; 

(ii) Does not follow required 

procedures or practices; or 

(iii) Has falsified certification data or 

otherwise misrepresented emission 

data. 

(2) Revocation of approval under this 

paragraph (e) will not take effect until 

the certifier concerned is given written 

notice by the Administrator setting forth 

the basis for the proposed determination 

and an opportunity for a hearing under 

§ 60.5481. However, if revocation is 

upheld, all certifications by the certifier 

after written notice was given will, at 

the discretion of the Administrator, be 

declared invalid. 

§ 60.5478 What requirements must I meet 

for permanent labels, temporary labels 

(hangtags), and owner’s manuals? 

(a) General permanent label 

requirements. (1) Each affected central 

heater manufactured or sold on or after 

the date the applicable standards come 

into effect as specified in § 60.5474, 

must have a permanent label affixed to 

it that meets the requirements of this 

section. 

(2) The permanent label must contain 

the following information: 

(i) Month and year of manufacture of 

the individual unit; 

(ii) Model name and number; 

(iii) Certification test emission value, 

test method, and standard met; and 

(iv) Serial number. 

(3) The permanent label must: 

(i) Be affixed in a readily visible or 

accessible location in such a manner 

that it can be easily viewed before and 

after the appliance is installed (a easily 

removable fac ̧ade can be used for 

aesthetic purposes); 

(ii) Be at least 8.9 cm long and 5.1 cm 

wide (3 1/2 inches long and 2 inches 

wide); 

(iii) Be made of a material expected to 

last the lifetime of the central heater; 

(iv) Present the required information 

in a manner so that it is likely to remain 

legible for the lifetime of the central 

heater; and 

(v) Be affixed in such a manner that 

it cannot be removed without damage to 

the label. 

(4) The permanent label may be 

combined with any other label, as long 

as the required information is displayed, 

the integrity of the permanent label is 

not compromised, and the permanent 

label meets the requirements of 

§ 60.5478(a)(3). 

(5) Any label statement under 

paragraph (b) of this section constitutes 

a representation by the manufacturer as 

to any central heater that bears it: 

(i) That a certification of compliance 

was in effect at the time the central 

heater left the possession of the 

manufacturer; 

(ii) That the manufacturer was, at the 

time the label was affixed, conducting a 

quality assurance program in conformity 

with § 60.5475(m); and 

(iii) That all the central heaters 

individually tested for emissions by the 

manufacturer under its quality 

assurance program pursuant to 

§ 60.5475(m) met the applicable 

emissions limit. 

(b) Permanent label requirements for 

central heaters. If a central heater 

belongs to a model line certified under 

§ 60.5475, and no unit in the model line 

has been found to exceed the applicable 

emission limits or tolerances through 

quality assurance testing, one of the 

following statements, as appropriate, 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with the 

2015 particulate emission standards. 

Not approved for sale after May 15, 

2020’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with the 

2016 particulate emission standards. 

Not approved for sale after May 15, 

2020’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with the 

2017 particulate emission standards. 

Not approved for sale after May 15, 

2020’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with the 

2020 particulate emission standards 

using crib wood.’’ or 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Certified to comply with the 

2020 particulate emission standards 

using cord wood.’’ 

(c) Additional permanent label 

content. The permanent label for all 

certified central heaters must also 

contain the following statement on the 

permanent label: 

‘‘This appliance needs periodic 

inspection and repair for proper 

operation. Consult owner’s manual for 

further information. It is against 

federal regulations to operate this 

appliance in a manner inconsistent 

with operating instructions in the 

owner’s manual.’’ 

(d) Permanent label requirements for 

affected wood heaters with exemptions 

under § 60.5472(b). (1) If an affected 

central heater is manufactured in the 

United States for export as provided in 

§ 60.5472(b)(1), the following statement 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Export appliance. May not 

be sold or operated in the United 

States.’’ 

(2) If an affected central heater is 

manufactured for use for research and 

development purposes as provided in 

§ 60.5472(b)(2), the following statement 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY Not certified. Research 

Appliance. Not approved for sale or 

for operation other than for research.’’ 

(3) If an affected central heater is a 

non wood-burning central heater 

exclusively as provided in 

§ 60.5472(b)(3), the following statement 

must appear on the permanent label: 

‘‘U.S. ENVIRONMENTAL PROTECTION 

AGENCY This appliance is not 

certified for wood burning. Use of any 

wood fuel is a violation of federal 

regulations.’’ 

(e) Temporary label (hangtag) 

voluntary options. (1) Each model line 

certified to meet the 2020 particulate 

emission standards prior to May 15, 

2020 may display the hangtags specified 

in section 3 of Appendix I of this part. 

The electronic template will be 

provided by the Administrator upon 

approval of the certification. 

(2) The hangtags in paragraph (e)(1) of 

this section end upon May 15, 2020. 

(3) Each model certified to meet the 

2020 Cord Wood Alternative 

Compliance Option may display the 

cord wood temporary label specified in 

section 3 of Appendix I of this part. The 

electronic template will be provided by 

the Administrator upon approval of the 

certification. 

(f) Owner’s manual requirements. (1) 

Each affected central heater offered for 

sale by a commercial owner must be 

accompanied by an owner’s manual that 

must contain the information listed in 

paragraph (f)(2) of this section 

(pertaining to installation), and 

paragraph (f)(3) of this section 

(pertaining to operation and 

maintenance). Such information must 

be adequate to enable consumers to 

achieve optimal emissions performance. 

Such information must be consistent 

with the operating instructions provided 

by the manufacturer to the approved test 

laboratory for operating the central 

heater during certification testing, 

except for details of the certification test 

that would not be relevant to the 

ultimate user. The commercial owner 

must also make current and historical 

owner’s manuals available on the 

company Web site and upon request to 

the EPA. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13725 

(2) Guidance on proper installation 

information, including stack height, 

heater location and achieving proper 

draft. 

(3) Proper operation and maintenance 

information, including minimizing 

visible emissions. 

(i) Fuel loading and re-loading 

procedures, recommendations on fuel 

selection and warnings on what fuels 

not to use, such as unseasoned wood, 

treated wood, colored paper, cardboard, 

solvents, trash and garbage; 

(ii) Fire starting procedures; 

(iii) Proper use of air controls, 

including how to establish good 

combustion and how to ensure good 

combustion at the lowest burn rate for 

which the heater is warranted; 

(iv) Ash removal procedures; 

(v) Instructions for replacement of 

gaskets and other parts that are critical 

to the emissions performance of the unit 

and other maintenance and repair 

instructions; 

(vi) For catalytic models, information 

on the following pertaining to the 

catalytic combustor: Procedures for 

achieving and maintaining catalyst 

activity, maintenance procedures, 

procedures for determining 

deterioration or failure, procedures for 

replacement and information on how to 

exercise warranty rights; 

(vii) For catalytic models, the 

following statement— 

‘‘This wood heater contains a catalytic 

combustor, which needs periodic 

inspection and replacement for proper 

operation. It is against federal 

regulations to operate this wood 

heater in a manner inconsistent with 

operating instructions in this manual, 

or if the catalytic element is 

deactivated or removed’’; and 

(viii) For noncatalytic models, the 

following statement— 

‘‘This wood heater needs periodic 

inspection and repair for proper 

operation. It is against federal 

regulations to operate this wood 

heater in a manner inconsistent with 

operating instructions in this 

manual.’’ 

(4) Any manufacturer using the EPArecommended language contained in 

Appendix I of this part to satisfy any 

requirement of this paragraph (f) will be 

considered to be in compliance with 

that requirement, provided that the 

particular model language is printed in 

full, with only such changes as are 

necessary to ensure accuracy for the 

particular model line. 

(g) Central heaters that are affected by 

this subpart, but that have been owned 

and operated by a noncommercial 

owner, are not subject to paragraphs (e) 

and (f) of this section when offered for 

resale. 

§ 60.5479 What records must I keep and 

what reports must I submit? 

(a)(1) Each manufacturer who holds a 

certificate of compliance pursuant to 

§ 60.5475(a)(2) for a model line must 

maintain records containing the 

information required by paragraphs 

(a)(2) through (4) of this section with 

respect to that model line for at least 5 

years. 

(2) All documentation pertaining to 

the certification test used to obtain 

certification, including the full test 

report and raw data sheets, laboratory 

technician notes, calculations, and the 

test results for all test runs, and 

discussions of the appropriateness and 

validity of all test runs, including runs 

attempted but not completed. The 

retained certification test 

documentation must include, as 

applicable, detailed discussions of all 

anomalies, whether all burn rate 

categories were properly achieved, any 

data not used in the calculations and, 

for any test runs not completed, the data 

that were collected and the reason that 

the test run was not completed. The 

retained certification test also must 

include documentation that the burn 

rate for the low burn category was no 

greater than the rate that an operator can 

achieve in home use and no greater than 

is advertised by the manufacturer or 

retailer. 

(3) Results of the quality assurance 

program inspections required pursuant 

to § 60.5475(m). 

(4) For emissions tests conducted 

pursuant to the quality assurance 

program required by § 60.5475(m), all 

test reports, data sheets, laboratory 

technician notes, calculations, and test 

results for all test runs, the corrective 

actions taken, if any, and any follow-up 

actions such as additional testing. 

(b) Each approved test laboratory and 

third-party certifier must maintain 

records consisting of all documentation 

pertaining to each certification test, 

quality assurance program inspection 

and audit test, including the full test 

report and raw data sheets, technician 

notes, calculations, the test results for 

all test runs. Each approved test 

laboratory must submit accreditation 

credentials and all proficiency test 

results to the Administrator. Each thirdparty certifier must submit each 

certification test, quality assurance 

program inspection report and ISO-IEC 

accreditation credentials to the 

Administrator. 

(c) Each manufacturer must retain 

each central heater upon which 

certification tests were performed and 

certification granted under 

§ 60.5475(a)(2) at the manufacturer’s 

facility for 5 years after the certification 

test. Each central heater must remain 

sealed and unaltered. Any such central 

heater must be made available upon 

request to the Administrator for 

inspection and testing. 

(d) Each manufacturer of an affected 

central heater model line certified 

pursuant to § 60.5475(a)(2) must submit 

a report to the Administrator every 2 

years following issuance of a certificate 

of compliance for each model line. This 

report must include the sales for each 

model by state and certify that no 

changes in the design or manufacture of 

the model line have been made that 

require recertification pursuant to 

§ 60.5475(k). 

(e)(1) Unless otherwise specified, all 

records required under this section must 

be maintained by the manufacturer, 

commercial owner of the affected 

central heater, approved test laboratory 

or third-party certifier for a period of no 

less than 5 years. 

(2) Unless otherwise specified, all 

reports to the Administrator required 

under this subpart must be made to: 

WoodHeaterReports@epa.gov. 

(f) Within 60 days after the date of 

completing each performance test (e.g., 

initial certification test, tests conducted 

for quality assurance and tests for 

renewal or recertification), each 

manufacturer must submit performance 

test data electronically to 

WoodHeaterReports@epa.gov. Owners 

or operators who claim that some of the 

information being submitted for 

performance tests is CBI (e.g., design 

drawings) must submit a complete file, 

including information claimed to be CBI 

on a compact disk or other commonly 

used electronic storage media 

(including, but not limited to, flash 

drives), by mail, and the same file with 

the CBI omitted, electronically. The 

compact disk must be clearly marked as 

CBI and mailed to U.S. EPA, OECA CBI 

Office, Attention: Residential Wood 

Heater Compliance Program, 

Washington, DC 20004. Emission data 

and all information necessary to 

determine compliance, except sensitive 

engineering drawings and sensitive 

detailed material specifications, cannot 

be claimed as CBI. 

(g) Within 30 days of receiving a 

certification of compliance for a model 

line, the manufacturer must make the 

full non-CBI test report and the 

summary of the test report available on 

the manufacturer’s Web site. 

(h) Each manufacturer who uses the 

exemption for R&D heaters under 

§ 60.5472(b)(2) must maintain records 

for at least 5 years documenting where 

mstockstill on DSK4VPTVN1PROD with RULES2

13726 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

the heaters were located, that the 

heaters were never offered for sale or 

sold and that the heaters were not used 

for the purpose of heating. 

§ 60.5480 What activities are prohibited 

under this subpart? 

(a) No person is permitted to advertise 

for sale, offer for sale, sell or operate an 

affected residential hydronic heater or 

forced-air furnace or other central heater 

that does not have affixed to it a 

permanent label pursuant to 

§ 60.5478(b) through (d), as applicable. 

(b) No person is permitted to advertise 

for sale, offer for sale, or sell an affected 

central heater labeled under 

§ 60.5478(d)(1) except for export. No 

person is permitted to operate an 

affected central heater in the United 

States if it is labeled under 

§ 60.5478(d)(1). 

(c)(1) No commercial owner is 

permitted to advertise for sale, offer for 

sale, or sell an affected central heater 

permanently labeled under § 60.5478(b) 

unless: 

(i) The affected appliance has been 

certified to comply with the particulate 

emission standards pursuant to 

§ 60.5474 as applicable; and 

(ii) The commercial owner provides 

any purchaser or transferee with an 

owner’s manual that meets the 

requirements of § 60.5478(f), a copy of 

the warranty and a moisture meter. 

(2) A commercial owner other than a 

manufacturer complies with the 

requirements of paragraph (c)(1) of this 

section if the commercial owner: 

(i) Receives the required 

documentation from the manufacturer 

or a previous commercial owner; and 

(ii) Provides that documentation 

unaltered to any person to whom the 

central heater that it covers is sold or 

transferred. 

(d)(1) In any case in which the 

Administrator revokes a certificate of 

compliance either for the knowing 

submission of false or inaccurate 

information or other fraudulent acts, or 

based on a finding under 

§ 60.5475(l)(1)(ii) that the certification 

test was not valid, the Administrator 

may give notice of that revocation and 

the grounds for it to all commercial 

owners. 

(2) On and after the date of receipt of 

the notice given under paragraph (d)(1) 

of this section, no commercial owner is 

permitted to sell any central heater 

covered by the revoked certificate (other 

than to the manufacturer) unless the 

model line has been recertified in 

accordance with this subpart. 

(e) No person is permitted to install or 

operate an affected central heater except 

in a manner consistent with the 

instructions on its permanent label and 

in the owner’s manual pursuant to 

§ 60.5478(f), including only using fuels 

for which the unit is certified. 

(f) No person is permitted to operate, 

sell or offer for sale an affected central 

heater that was originally equipped with 

a catalytic combustor if the catalytic 

element is deactivated or removed. 

(g) No person is permitted to operate, 

sell or offer for sale an affected central 

heater that has been physically altered 

to exceed the tolerance limits of its 

certificate of compliance, pursuant to 

§ 60.5475(k). 

(h) No person is permitted to alter, 

deface, or remove any permanent label 

required to be affixed pursuant to 

§ 60.5478(a) through (d), as applicable. 

(i) If a temporary label is affixed to the 

central heater, retailers may not sell or 

offer for sale that central heater unless 

the temporary label affixed is in 

accordance with § 60.5478(e), as 

applicable. 

§ 60.5481 What hearing and appeal 

procedures apply to me? 

(a)(1) The affected manufacturer, 

laboratory or third-party certifier may 

request a hearing under this section 

within 30 days following receipt of the 

required notification in any case where 

the Administrator— 

(i) Denies an application for a 

certificate of compliance under 

§ 60.5475 (a)(2); 

(ii) Denies an application for a 

renewal of certification under 

§ 60.5475(i); 

(iii) Issues a notice of revocation of 

certification under § 60.5475(l); 

(iv) Denies an application for 

laboratory approval under § 60.5477(a); 

(v) Issues a notice of revocation of 

laboratory approval under § 60.5477(b). 

(vi) Denies an application for thirdparty certifier approval under 

§ 60.5477(d); or 

(vii) Issues a notice of revocation of 

third-party certifier approval under 

§ 60.5477(e). 

(2) In any case where the 

Administrator issues a notice of 

revocation under § 60.5475(n)(3)(ii), the 

manufacturer may request a hearing 

under this section with the time limits 

set out in § 60.5475(n)(3)(ii). 

(b) Any hearing request must be in 

writing, must be signed by an 

authorized representative of the 

petitioning manufacturer or laboratory, 

and must include a statement setting 

forth with particularity the petitioner’s 

objection to the Administrator’s 

determination or proposed 

determination. 

(c)(1) Upon receipt of a request for a 

hearing under paragraph (a) of this 

section, the Administrator will request 

the Chief Administrative Law Judge to 

designate an Administrative Law Judge 

as Presiding Officer for the hearing. If 

the Chief Administrative Law Judge 

replies that no Administrative Law 

Judge is available to perform this 

function, the Administrator will 

designate a Presiding Officer who has 

not had any prior responsibility for the 

matter under review, and who is not 

subject to the direct control or 

supervision of someone who has had 

such responsibility. 

(2) The hearing will commence as 

soon as practicable at a time and place 

fixed by the Presiding Officer. 

(3)(i) A motion for leave to intervene 

in any proceeding conducted under this 

section must set forth the grounds for 

the proposed intervention, the position 

and interest of the movant and the likely 

impact that intervention will have on 

the expeditious progress of the 

proceeding. Any person already a party 

to the proceeding may file an answer to 

a motion to intervene, making specific 

reference to the factors set forth in the 

foregoing sentence and paragraph 

(c)(3)(iii) of this section within 10 days 

after service of the motion for leave to 

intervene. 

(ii) A motion for leave to intervene in 

a proceeding must ordinarily be filed 

before the first prehearing conference or, 

in the absence of a prehearing 

conference, prior to the setting of a time 

and place for a hearing. Any motion 

filed after that time must include, in 

addition to the information set forth in 

paragraph (c)(3)(i) of this section, a 

statement of good cause for the failure 

to file in a timely manner. The 

intervener shall be bound by any 

agreements, arrangements and other 

matters previously made in the 

proceeding. 

(iii) A motion for leave to intervene 

may be granted only if the movant 

demonstrates that his presence in the 

proceeding would not unduly prolong 

or otherwise prejudice the adjudication 

of the rights of the original parties, and 

that movant may be adversely affected 

by a final order. The intervener will 

become a full party to the proceeding 

upon the granting of leave to intervene. 

(iv) Persons not parties to the 

proceeding may move for leave to file 

amicus curiae briefs. The movant must 

state his interest and the reasons why 

the proposed amicus brief is desirable. 

If the motion is granted, the Presiding 

Officer or Administrator will issue an 

order setting the time for filing such 

brief. An amicus curia may participate 

in any briefing after his motion is 

granted, and will be served with all 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13727 

briefs, reply briefs, motions, and orders 

relating to issues to be briefed. 

(4) In computing any period of time 

prescribed or allowed in this subpart, 

the day of the event from which the 

designated period begins to run will not 

be included. Saturdays, Sundays, and 

federal legal holidays will be included. 

When a stated time expires on a 

Saturday, Sunday or legal holiday, the 

stated time period will be extended to 

include the next business day. 

(d)(1) Upon his appointment the 

Presiding Officer must establish a 

hearing file. The file will consist of the 

notice issued by the Administrator 

under §§ 60.5475(c)(2), 60.5475(f)(3), 

60.5475(i)(4), 60.5475(l)(2), 

60.5475(n)(3)(ii)(A), 60.5477(a)(3), 

60.5477(b)(2), 60.5477(d)(3) or 

60.5477(e)(2), together with any 

accompanying material, the request for 

a hearing and the supporting data 

submitted therewith, and all documents 

relating to the request for certification or 

approval, or the proposed revocation of 

either. 

(2) The hearing file must be available 

for inspection by any party, to the extent 

authorized by law, at the office of the 

Presiding Officer, or other place 

designated by him. 

(e) Any party may appear in person, 

or may be represented by counsel or by 

any other duly authorized 

representative. 

(f)(1) The Presiding Officer, upon the 

request of any party, or at his discretion, 

may order a prehearing conference at a 

time and place specified by him to 

consider the following: 

(i) Simplification of the issues; 

(ii) Stipulations, admissions of fact, 

and the introduction of documents; 

(iii) Limitation of the number of 

expert witnesses; 

(iv) Possibility of agreement disposing 

of all or any of the issues in dispute; and 

(v) Such other matters as may aid in 

the disposition of the hearing, including 

such additional tests as may be agreed 

upon by the parties. 

(2) The results of the conference must 

be reduced to writing by the Presiding 

Officer and made part of the record. 

(g)(1) Hearings shall be conducted by 

the Presiding Officer in an informal but 

orderly and expeditious manner. The 

parties may offer oral or written 

evidence, subject to the exclusion by the 

Presiding Officer of irrelevant, 

immaterial and repetitious evidence. 

(2) Witnesses will not be required to 

testify under oath. However, the 

Presiding Officer will call to the 

attention of witnesses that their 

statements may be subject to penalties 

under title 18 U.S.C. 1001 for knowingly 

making false statements or 

representations or using false 

documents in any matter within the 

jurisdiction of any department or agency 

of the United States. 

(3) Any witness may be examined or 

cross-examined by the Presiding Officer, 

the parties, or their representatives. 

(4) Hearings must be recorded 

verbatim. Copies of transcripts of 

proceedings may be purchased by the 

applicant from the reporter. 

(5) All written statements, charts, 

tabulations and similar data offered in 

evidence at the hearings must, upon a 

showing satisfactory to the Presiding 

Officer of their authenticity, relevancy 

and materiality, be received in evidence 

and will constitute a part of the record. 

(h)(1) The Presiding Officer will make 

an initial decision which must include 

written findings and conclusions and 

the reasons or basis therefor on all the 

material issues of fact, law, or discretion 

presented on the record. The findings, 

conclusions and written decision must 

be provided to the parties and made a 

part of the record. The initial decision 

will become the decision of the 

Administrator without further 

proceedings unless there is an appeal to 

the Administrator or motion for review 

by the Administrator. Except as 

provided in paragraph (h)(3) of this 

section, any such appeal must be taken 

within 20 days of the date the initial 

decision was filed. 

(2) On appeal from or review of the 

initial decision the Administrator will 

have all the powers which he would 

have in making the initial decision 

including the discretion to require or 

allow briefs, oral argument, the taking of 

additional evidence or the remanding to 

the Presiding Officer for additional 

proceedings. The decision by the 

Administrator must include written 

findings and conclusions and the 

reasons or basis therefor on all the 

material issues of fact, law, or discretion 

presented on the appeal or considered 

in the review. 

(3) In any hearing requested under 

paragraph (a)(2) of this section the 

Presiding Officer must render the initial 

decision within 60 days of that request. 

Any appeal to the Administrator must 

be taken within 10 days of the initial 

decision, and the Administrator must 

render a decision in that appeal within 

30 days of the filing of the appeal. 

§ 60.5482 Who implements and enforces 

this subpart? 

(a) Under section 111(c) of the Clean 

Air Act, the Administrator may delegate 

the following implementation and 

enforcement authority to a state, local or 

tribal authority upon request: 

(1) Enforcement of prohibitions on the 

installation and operation of affected 

central heaters in a manner inconsistent 

with the installation and owner’s 

manual; 

(2) Enforcement of prohibitions on 

operation of catalytic central heaters 

where the catalyst has been deactivated 

or removed; 

(3) Enforcement of prohibitions on 

advertisement and/or sale of uncertified 

model lines; 

(4) Enforcement of prohibitions on 

advertisement and/or sale of affected 

central heaters that do not have required 

permanent label; 

(5) Enforcement of proper labeling of 

affected central heaters; 

(6) Enforcement of compliance with 

other labeling requirements for affected 

central heaters. 

(7) Enforcement of certification testing 

procedures; 

(8) Enforcement of requirements for 

sealing of the tested central heaters and 

meeting parameter limits; and 

(9) Enforcement of compliance 

requirements of EPA-approved 

laboratories. 

(b) Delegations shall not include: 

(1) Decisions on certification; 

(2) Revocation of certification; 

(3) Establishment or revision of 

standards; 

(4) Establishment or revision of test 

methods; 

(5) Laboratory and third-party certifier 

approvals and revocations; 

(6) Enforcing provisions governing 

content of owner’s manuals; and 

(7) Hearings and appeals procedures. 

(c) Nothing in these delegations will 

prohibit the Administrator from 

enforcing any applicable requirements. 

(d) Nothing in these delegations will 

limit delegated entities from using their 

authority under section 116 of the Clean 

Air Act to adopt or enforce more 

restrictive requirements. 

§ 60.5483 What parts of the General 

Provisions do not apply to me? 

The following provisions of subpart A 

of part 60 do not apply to this subpart: 

(a) Section 60.7; 

(b) Section 60.8(a), (c), (d), (e), (f) and 

(g); and 

(c) Section 60.15(d). 

■ 6. Part 60 Appendix A–8 is amended 

by adding Test Methods 28R, 28WHH, 

and 28WHH–PTS to follow Test Method 

28A to read as follows: 

Appendix A–8 to Part 60—Test 

Methods 26 through 30B 

* * * * * 

mstockstill on DSK4VPTVN1PROD with RULES2

13728 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

Test Method 28R for Certification and 

Auditing of Wood Heaters 

1.0 Scope and Application 

1.1 This test method applies to 

certification and auditing of wood-fired room 

heaters and fireplace inserts. 

1.2 The test method covers the fueling 

and operating protocol for measuring 

particulate emissions, as well as determining 

burn rates, heat output and efficiency. 

1.3 Particulate emissions are measured by 

the dilution tunnel method as specified in 

ASTM E2515–11 Standard Test Method for 

Determination of Particulate Matter 

Emissions Collected in a Dilution Tunnel 

(IBR, see § 60.17). Upon request, four-inch 

filters may be used. Upon request, Teflon 

membrane filters or Teflon-coated glass fiber 

filters may be used. 

2.0 Procedures 

2.1 This method incorporates the 

provisions of ASTM E2780–10 (IBR, see 

§ 60.17) except as follows: 

2.1.1 The burn rate categories, low burn 

rate requirement, and weightings in Method 

28 shall be used. 

2.1.2 The startup procedures shall be the 

same as in Method 28. 

2.1.3 Manufacturers shall not specify a 

smaller volume of the firebox for testing than 

the full usable firebox. 

2.1.4 Prior to testing, the heater must be 

operated for a minimum of 50 hours using a 

medium burn rate. The conditioning may be 

at the manufacturer’s facility prior to the 

certification test. If the conditioning is at the 

certification test laboratory, the pre-burn for 

the first test can be included as part of the 

conditioning requirement. 

2.2 Manufacturers may use ASTM E871– 

82 (reapproved 2013) (IBR, see § 60.17) as an 

alternative to the procedures in Method 5H 

or Method 28 for determining total weight 

basis moisture in the analysis sample of 

particulate wood fuel. 

Test Method 28WHH for Measurement of 

Particulate Emissions and Heating Efficiency 

of Wood-Fired Hydronic Heating Appliances 

1.0 Scope and Application 

1.1 This test method applies to woodfired hydronic heating appliances. The units 

typically transfer heat through circulation of 

a liquid heat exchange media such as water 

or a water-antifreeze mixture. 

1.2 The test method measures particulate 

emissions and delivered heating efficiency at 

specified heat output rates based on the 

appliance’s rated heating capacity. 

1.3 Particulate emissions are measured by 

the dilution tunnel method as specified in 

ASTM E2515–11 Standard Test Method for 

Determination of Particulate Matter 

Emissions Collected in a Dilution Tunnel 

(IBR, see § 60.17). Upon request, four-inch 

filters may be used. Upon request, Teflon 

membrane filters or Teflon-coated glass fiber 

filters may be used. Delivered efficiency is 

measured by determining the heat output 

through measurement of the flow rate and 

temperature change of water circulated 

through a heat exchanger external to the 

appliance and determining the input from 

the mass of dry wood fuel and its higher 

heating value. Delivered efficiency does not 

attempt to account for pipeline loss. 

1.4 Products covered by this test method 

include both pressurized and nonpressurized heating appliances intended to 

be fired with wood. These products are 

wood-fired hydronic heating appliances that 

the manufacturer specifies for indoor or 

outdoor installation. They are often 

connected to a heat exchanger by insulated 

pipes and normally include a pump to 

circulate heated liquid. They are used to heat 

structures such as homes, barns and 

greenhouses and can heat domestic hot 

water, spas or swimming pools. 

1.5 Distinguishing features of products 

covered by this standard include: 

1.5.1 Manufacturer specifies for indoor or 

outdoor installation. 

1.5.2 A firebox with an access door for 

hand loading of fuel. 

1.5.3 Typically, an aquastat that controls 

combustion air supply to maintain the liquid 

in the appliance within a predetermined 

temperature range provided sufficient fuel is 

available in the firebox. 

1.5.4 A chimney or vent that exhausts 

combustion products from the appliance. 

1.6 The values stated are to be regarded 

as the standard whether in I–P or SI units. 

The values given in parentheses are for 

information only. 

2.0 Summary of Method and References 

2.1 Particulate matter emissions are 

measured from a wood-fired hydronic 

heating appliance burning a prepared test 

fuel crib in a test facility maintained at a set 

of prescribed conditions. Procedures for 

determining burn rates, and particulate 

emissions rates and for reducing data are 

provided. 

2.2 Referenced Documents 

2.2.1 EPA Standards 

2.2.1.1 Method 28 Certification and 

Auditing of Wood Heaters 

2.2.2 Other Standards 

2.2.2.1 ASTM E2515–11—Standard Test 

Method for Determination of Particulate 

Matter Emissions Collected in a Dilution 

Tunnel (IBR, see § 60.17). 

2.2.2.2 CSA–B415.1–10 Performance 

Testing of Solid-Fuel-Burning Heating 

Appliances (IBR, see § 60.17). 

3.0 Terminology 

3.1 Definitions. 

3.1.1 Hydronic Heating—A heating 

system in which a heat source supplies 

energy to a liquid heat exchange media such 

as water that is circulated to a heating load 

and returned to the heat source through 

pipes. 

3.1.2 Aquastat—A control device that 

opens or closes a circuit to control the rate 

of fuel consumption in response to the 

temperature of the heating media in the 

heating appliance. 

3.1.3 Delivered Efficiency—The 

percentage of heat available in a test fuel 

charge that is delivered to a simulated 

heating load as specified in this test method. 

3.1.4 Manufacturer’s Rated Heat Output 

Capacity—The value in Btu/hr (MJ/hr) that 

the manufacturer specifies that a particular 

model of hydronic heating appliance is 

capable of supplying at its design capacity as 

verified by testing, in accordance with 

Section 13. 

3.1.5 Burn Rate—The rate at which test 

fuel is consumed in an appliance. Measured 

in pounds (lbs) or kilograms of wood (dry 

basis) per hour (lb/hr or kg/hr). 

3.1.6 Firebox—The chamber in the 

appliance in which the test fuel charge is 

placed and combusted. 

3.1.7 Test Fuel Charge—The collection of 

test fuel layers placed in the appliance at the 

start of the emission test run. 

3.1.8 Test Fuel Layer—Horizontal 

arrangement of test fuel units. 

3.1.9 Test Fuel Unit—One or more test 

fuel pieces with 3⁄4 inch (19 mm) spacers 

attached to the bottom and to one side. If 

composed of multiple test fuel pieces, the 

bottom spacer may be one continuous piece. 

3.1.10 Test Fuel Piece—A single 4 x 4 (4 

± 0.25 inches by 4 ± 0.25 inches) [100 ± 6 

mm by 100 ± 6 mm] white or red oak wood 

piece cut to the length required. 

3.1.11 Test Run—An individual emission 

test that encompasses the time required to 

consume the mass of the test fuel charge. 

3.1.12 Overall Efficiency (SLM)—The 

efficiency for each test run as determined 

using the CSA B415.1–10 (IBR, see § 60.17) 

stack loss method. 

3.1.13 Thermopile—A device consisting 

of a number of thermocouples connected in 

series, used for measuring differential 

temperature. 

4.0 Summary of Test Method 

4.1 Dilution Tunnel. Emissions are 

determined using the ‘‘dilution tunnel’’ 

method specified in ASTM E2515–11 

Standard Test Method for Determination of 

Particulate Matter Emissions Collected in a 

Dilution Tunnel (IBR, see § 60.17). The flow 

rate in the dilution tunnel is maintained at 

a constant level throughout the test cycle and 

accurately measured. Samples of the dilution 

tunnel flow stream are extracted at a constant 

flow rate and drawn through high efficiency 

filters. The filters are dried and weighed 

before and after the test to determine the 

emissions catch and this value is multiplied 

by the ratio of tunnel flow to filter flow to 

determine the total particulate emissions 

produced in the test cycle. 

4.2 Efficiency. The efficiency test 

procedure takes advantage of the fact that 

this type of appliance delivers heat through 

circulation of the heated liquid (water) from 

the appliance to a remote heat exchanger and 

back to the appliance. Measurements of the 

water temperature difference as it enters and 

exits the heat exchanger along with the 

measured flow rate allow for an accurate 

determination of the useful heat output of the 

appliance. The input is determined by weight 

of the test fuel charge, adjusted for moisture 

content, multiplied by the higher heating 

value. Additional measurements of the 

appliance weight and temperature at the 

beginning and end of a test cycle are used to 

correct for heat stored in the appliance. 

Overall efficiency (SLM) is determined using 

the CSA B415.1–10 (IBR, see § 60.17) stack 

loss method for data quality assurance 

purposes. 

4.3 Operation. Appliance operation is 

conducted on a hot-to-hot test cycle meaning 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13729 

that the appliance is brought to operating 

temperature and a coal bed is established 

prior to the addition of the test fuel charge 

and measurements are made for each test fuel 

charge cycle. The measurements are made 

under constant heat draw conditions within 

predetermined ranges. No attempt is made to 

modulate the heat demand to simulate an 

indoor thermostat cycling on and off in 

response to changes in the indoor 

environment. Four test categories are used. 

These are: 

4.3.1 Category I: A heat output of 15 

percent or less of manufacturer’s rated heat 

output capacity. 

4.3.2 Category II: A heat output of 16 

percent to 24 percent of manufacturer’s rated 

heat output capacity. 

4.3.3 Category III: A heat output of 25 

percent to 50 percent of manufacturer’s rated 

heat output capacity. 

4.3.4 Category IV: Manufacturer’s rated 

heat output capacity. 

5.0 Significance and Use 

5.1 The measurement of particulate 

matter emission rates is an important test 

method widely used in the practice of air 

pollution control. 

5.1.1 These measurements, when 

approved by state or federal agencies, are 

often required for the purpose of determining 

compliance with regulations and statutes. 

5.1.2 The measurements made before and 

after design modifications are necessary to 

demonstrate the effectiveness of design 

changes in reducing emissions and make this 

standard an important tool in manufacturers’ 

research and development programs. 

5.2 Measurement of heating efficiency 

provides a uniform basis for comparison of 

product performance that is useful to the 

consumer. It is also required to relate 

emissions produced to the useful heat 

production. 

5.3 This is a laboratory method and is not 

intended to be fully representative of all 

actual field use. It is recognized that users of 

hand-fired, wood-burning equipment have a 

great deal of influence over the performance 

of any wood-burning appliance. Some 

compromises in realism have been made in 

the interest of providing a reliable and 

repeatable test method. 

6.0 Test Equipment 

6.1 Scale. A platform scale capable of 

weighing the appliance under test and 

associated parts and accessories when 

completely filled with water to an accuracy 

of ±1.0 pound (±0.5 kg). 

6.2 Heat Exchanger. A water-to-water 

heat exchanger capable of dissipating the 

expected heat output from the system under 

test. 

6.3 Water Temperature Difference 

Measurement. A Type—T ‘special limits’ 

thermopile with a minimum of 5 pairs of 

junctions shall be used to measure the 

temperature difference in water entering and 

leaving the heat exchanger. The temperature 

difference measurement uncertainty of this 

type of thermopile is equal to or less than 

±0.50 °F (±0.25 °C). Other temperature 

measurement methods may be used if the 

temperature difference measurement 

uncertainty is equal to or less than ±0.50 °F 

(±0.25 °C). 

6.4 Water Flow Meter. A water flow 

meter shall be installed in the inlet to the 

load side of the heat exchanger. The flow 

meter shall have an accuracy of ±1 percent 

of measured flow. 

6.4.1 Optional—Appliance Side Water 

Flow Meter. A water flow meter with an 

accuracy of ±1 percent of the flow rate is 

recommended to monitor supply side water 

flow rate. 

6.5 Optional Recirculation Pump. 

Circulating pump used during test to prevent 

stratification of liquid being heated. 

6.6 Water Temperature Measurement— 

Thermocouples or other temperature sensors 

to measure the water temperature at the inlet 

and outlet of the load side of the heat 

exchanger. Must meet the calibration 

requirements specified in section 10.1. 

6.7 Wood Moisture Meter—Calibrated 

electrical resistance meter capable of 

measuring test fuel moisture to within 1 

percent moisture content. Must meet the 

calibration requirements specified in section 

10.4. 

6.8 Flue Gas Temperature 

Measurement—Must meet the requirements 

of CSA B415.1–10 (IBR, see § 60.17), clause 

6.2.2. 

6.9 Test Room Temperature 

Measurement—Must meet the requirements 

of CSA B415.1–10 (IBR, see § 60.17), clause 

6.2.1. 

6.10 Flue Gas Composition 

Measurement—Must meet the requirements 

of CSA B415.1–10 (IBR, see § 60.17), clauses 

6.3.1 through 6.3.3. 

7.0 Safety 

7.1 These tests involve combustion of 

wood fuel and substantial release of heat and 

products of combustion. The heating system 

also produces large quantities of very hot 

water and the potential for steam production 

and system pressurization. Appropriate 

precautions must be taken to protect 

personnel from burn hazards and respiration 

of products of combustion. 

8.0 Sampling, Test Specimens and Test 

Appliances 

8.1 Test specimens shall be supplied as 

complete appliances including all controls 

and accessories necessary for installation in 

the test facility. A full set of specifications 

and design and assembly drawings shall be 

provided when the product is to be placed 

under certification of a third-party agency. 

The manufacturer’s written installation and 

operating instructions are to be used as a 

guide in the set-up and testing of the 

appliance. 

9.0 Preparation of Test Equipment 

9.1 The appliance is to be placed on a 

scale capable of weighing the appliance fully 

loaded with a resolution of ±1.0 lb (0.5 kg). 

9.2 The appliance shall be fitted with the 

type of chimney recommended or provided 

by the manufacturer and extending to 15 ±0.5 

feet (4.6 ±0.15 m) from the upper surface of 

the scale. If no flue or chimney system is 

recommended or provided by the 

manufacturer, connect the appliance to a flue 

of a diameter equal to the flue outlet of the 

appliance. The flue section from the 

appliance flue collar to 8 ±0.5 feet above the 

scale shall be single wall stove pipe and the 

remainder of the flue shall be double wall 

insulated class A chimney. 

9.3 Optional Equipment Use 

9.3.1 A recirculation pump may be 

installed between connections at the top and 

bottom of the appliance to minimize thermal 

stratification if specified by the 

manufacturer. The pump shall not be 

installed in such a way as to change or affect 

the flow rate between the appliance and the 

heat exchanger. 

9.3.2 If the manufacturer specifies that a 

thermal control valve or other device be 

installed and set to control the return water 

temperature to a specific set point, the valve 

or other device shall be installed and set per 

the manufacturer’s written instructions. 

9.4 Prior to filling the tank, weigh and 

record the appliance mass. 

9.5 Heat Exchanger 

9.5.1 Plumb the unit to a water-to-water 

heat exchanger with sufficient capacity to 

draw off heat at the maximum rate 

anticipated. Route hoses, electrical cables, 

and instrument wires in a manner that does 

not influence the weighing accuracy of the 

scale as indicated by placing dead weights on 

the platform and verifying the scale’s 

accuracy. 

9.5.2 Locate thermocouples to measure 

the water temperature at the inlet and outlet 

of the load side of the heat exchanger. 

9.5.3 Install a thermopile meeting the 

requirements of section 6.3 to measure the 

water temperature difference between the 

inlet and outlet of the load side of the heat 

exchanger. 

9.5.4 Install a calibrated water flow meter 

in the heat exchanger load side supply line. 

The water flow meter is to be installed on the 

cooling water inlet side of the heat exchanger 

so that it will operate at the temperature at 

which it is calibrated. 

9.5.5 Place the heat exchanger in a box 

with 2 in. (50 mm) of expanded polystyrene 

(EPS) foam insulation surrounding it to 

minimize heat losses from the heat 

exchanger. 

9.5.6 The reported efficiency and heat 

output rate shall be based on measurements 

made on the load side of the heat exchanger. 

9.5.7 Temperature instrumentation per 

section 6.6 shall be installed in the appliance 

outlet and return lines. The average of the 

outlet and return water temperature on the 

supply side of the system shall be considered 

the average appliance temperature for 

calculation of heat storage in the appliance 

(TFavg and TIavg). Installation of a water flow 

meter in the supply side of the system is 

optional. 

9.6 Fill the system with water. Determine 

the total weight of the water in the appliance 

when the water is circulating. Verify that the 

scale indicates a stable weight under 

operating conditions. Make sure air is purged 

properly. 

10.0 Calibration and Standardization 

10.1 Water Temperature Sensors. 

Temperature measuring equipment shall be 

calibrated before initial use and at least semiannually thereafter. Calibrations shall be in 

mstockstill on DSK4VPTVN1PROD with RULES2

13730 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

compliance with National Institute of 

Standards and Technology (NIST) 

Monograph 175, Standard Limits of Error. 

10.2 Heat Exchanger Load Side Water 

Flow Meter. 

10.2.1 The heat exchanger load side water 

flow meter shall be calibrated within the flow 

range used for the test run using NIST 

traceable methods. Verify the calibration of 

the water flow meter before and after each 

test run and at least once during each test run 

by comparing the water flow rate indicated 

by the flow meter to the mass of water 

collected from the outlet of the heat 

exchanger over a timed interval. Volume of 

the collected water shall be determined based 

on the water density calculated from section 

13, Eq. 8, using the water temperature 

measured at the flow meter. The uncertainty 

in the verification procedure used shall be 1 

percent or less. The water flow rate 

determined by the collection and weighing 

method shall be within 1 percent of the flow 

rate indicated by the water flow meter. 

10.3 Scales. The scales used to weigh the 

appliance and test fuel charge shall be 

calibrated using NIST traceable methods at 

least once every 6 months. 

10.4 Moisture Meter. The moisture meter 

shall be calibrated per the manufacturer’s 

instructions and checked before each use. 

10.5 Flue Gas Analyzers—In accordance 

with CSA B415.1–10 (IBR, see § 60.17), 

clause 6.8. 

11.0 Conditioning 

11.1 Prior to testing, the appliance is to 

be operated for a minimum of 50 hours using 

a medium heat draw rate. The conditioning 

may be at the manufacturer’s facility prior to 

the certification test. If the conditioning is at 

the certification test laboratory, the pre-burn 

for the first test can be included as part of 

the conditioning requirement. If conditioning 

is included in pre-burn, then the appliance 

shall be aged with fuel meeting the 

specifications outlined in sections 12.2 with 

a moisture content between 19 and 25 

percent on a dry basis. Operate the appliance 

at a medium burn rate (Category II or III) for 

at least 10 hours for noncatalytic appliances 

and 50 hours for catalytic appliances. Record 

and report hourly flue gas exit temperature 

data and the hours of operation. The aging 

procedure shall be conducted and 

documented by a testing laboratory. 

12.0 Procedure 

12.1 Appliance Installation. Assemble the 

appliance and parts in conformance with the 

manufacturer’s written installation 

instructions. Clean the flue with an 

appropriately sized, wire chimney brush 

before each certification test series. 

12.2 Fuel. Test fuel charge fuel shall be 

red (Quercus ruba L.) or white (Quercus alba) 

oak 19 to 25 percent moisture content on a 

dry basis. Piece length shall be 80 percent of 

the firebox depth rounded down to the 

nearest 1 inch (25mm) increment. For 

example, if the firebox depth is 46 inches 

(1168mm) the 4 x 4 piece length would be 

36 inches (46 inches × 0.8 = 36.8 inches 

rounded down to 36 inches). Pieces are to be 

placed in the firebox parallel to the longest 

firebox dimension. For fireboxes with sloped 

surfaces that create a non-uniform firebox 

length, the piece length shall be adjusted for 

each layer based on 80 percent of the length 

at the level where the layer is placed. Pieces 

are to be spaced 3⁄4 inches (19 mm) apart on 

all faces. The first fuel layer may be 

assembled using fuel units consisting of 

multiple 4 x 4s consisting of single pieces 

with bottom and side spacers of 3 or more 

pieces if needed for a stable layer. The 

second layer may consist of fuel units 

consisting of no more than two pieces with 

spacers attached on the bottom and side. The 

top two layers of the fuel charge must consist 

of single pieces unless the fuel charge is only 

three layers. In that instance only the top 

layer must consist of single units. Threequarter inch (19 mm) by 1.5 inch (38 mm) 

spacers shall be attached to the bottom of 

piece to maintain a 3⁄4 inch (19 mm) 

separation. When a layer consists of two or 

more units of 4 x 4s an additional 3⁄4 inch 

(19 mm) thick by 1.5 inch (38 mm) wide 

spacer shall be attached to the vertical face 

of each end of one 4 x 4, such that the 3⁄4

inch (19 mm) space will be maintained when 

two 4 x 4 units or pieces are loaded side by 

side. In cases where a layer contains an odd 

number of 4 x 4s one piece shall not be 

attached, but shall have spacers attached in 

a manner that will provide for the 3⁄4 inch (19 

mm) space to be maintained (See Figure 1). 

Spacers shall be attached perpendicular to 

the length of the 4 x 4s such that the edge 

of the spacer is 1 ± 0.25 inch from the end 

of the 4 x 4s in the previous layers. Spacers 

shall be red or white oak and will be attached 

with either nails (non-galvanized), brads or 

oak dowels. The use of kiln-dried wood is 

not allowed. 

12.2.1 Using a fuel moisture meter as 

specified in section 6.7 of the test method, 

determine the fuel moisture for each test fuel 

piece used for the test fuel load by averaging 

at least five fuel moisture meter readings 

measured parallel to the wood grain. 

Penetration of the moisture meter insulated 

electrodes for all readings shall be 1⁄4 the 

thickness of the fuel piece or 19 mm (3⁄4 in.), 

whichever is lesser. One measurement from 

each of three sides shall be made at 

approximately 3 inches from each end and 

the center. Two additional measurements 

shall be made centered between the other 

three locations. Each individual moisture 

content reading shall be in the range of 18 

to 28 percent on a dry basis. The average 

moisture content of each piece of test fuel 

shall be in the range of 19 to 25 percent. It 

is not required to measure the moisture 

content of the spacers. Moisture shall not be 

added to previously dried fuel pieces except 

by storage under high humidity conditions 

and temperature up to 100 °F. Fuel moisture 

shall be measured within 4 hours of using the 

fuel for a test. 

12.2.2 Firebox Volume. Determine the 

firebox volume in cubic feet. Firebox volume 

shall include all areas accessible through the 

fuel loading door where firewood could 

reasonably be placed up to the horizontal 

plane defined by the top of the loading door. 

A drawing of the firebox showing front, side 

and plan views or an isometric view with 

interior dimensions shall be provided by the 

manufacturer and verified by the laboratory. 

Calculations for firebox volume from 

computer aided design (CAD) software 

programs are acceptable and shall be 

included in the test report if used. If the 

firebox volume is calculated by the 

laboratory the firebox drawings and 

calculations shall be included in the test 

report. 

12.2.3 Test Fuel Charge. Test fuel charges 

shall be determined by multiplying the 

firebox volume by 10 pounds (4.54 kg) per ft3

(28L), or a higher load density as 

recommended by the manufacturer’s printed 

operating instructions, of wood (as used wet 

weight). Select the number of pieces of 

standard fuel that most nearly match this 

target weight. This is the standard fuel charge 

for all tests. For example, if the firebox 

loading area volume is 10 ft3 (280L) and the 

firebox depth is 46 inches (1168 mm), test 

fuel charge target is 100 lbs (45 kg) minimum 

and the piece length is 36 inches (914 mm). 

If eight 4 x 4s, 36 inches long weigh 105 lbs 

(48 kg), use 8 pieces for each test fuel charge. 

All test fuel charges will be of the same 

configuration. 

12.3 Sampling Equipment. Prepare the 

particulate emission sampling equipment as 

defined by ASTM E2515–11 Standard Test 

Method for Determination of Particulate 

Matter Emissions Collected in a Dilution 

Tunnel (IBR, see § 60.17). Upon request, fourinch filters may be used. Upon request, 

Teflon membrane filters or Teflon-coated 

glass fiber filters may be used. 

12.4 Appliance Startup. The appliance 

shall be fired with wood fuel of any species, 

size and moisture content at the laboratories’ 

discretion to bring it up to operating 

temperature. Operate the appliance until the 

water is heated to the upper operating control 

limit and has cycled at least two times. Then 

remove all unburned fuel, zero the scale and 

verify the scales accuracy using dead 

weights. 

12.4.1 Pretest Burn Cycle. Reload 

appliance with oak wood and allow it to burn 

down to the specified coal bed weight. The 

pretest burn cycle fuel charge weight shall be 

within ± 10 percent of the test fuel charge 

weight. Piece size and length shall be 

selected such that charcoalization is achieved 

by the time the fuel charge has burned down 

to the required coal bed weight. Pieces with 

a maximum thickness of approximately 2 

inches have been found to be suitable. 

Charcoalization is a general condition of the 

test fuel bed evidenced by an absence of large 

pieces of burning wood in the coal bed and 

the remaining fuel pieces being brittle 

enough to be broken into smaller charcoal 

pieces with a metal poker. Manipulations to 

the fuel bed prior to the start of the test run 

are to be done to achieve charcoalization 

while maintaining the desired heat output 

rate. During the pre-test burn cycle and at 

least one hour prior to starting the test run, 

adjust water flow to the heat exchanger to 

establish the target heat draw for the test. For 

the first test run the heat draw rate shall be 

equal to the manufacturer’s rated heat output 

capacity. 

12.4.1.1 Allowable Adjustments. Fuel 

addition or subtractions, and coal bed raking 

shall be kept to a minimum but are allowed 

up to 15 minutes prior to the start of the test 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13731 

run. For the purposes of this method, coal 

bed raking is the use of a metal tool (poker) 

to stir coals, break burning fuel into smaller 

pieces, dislodge fuel pieces from positions of 

poor combustion, and check for the condition 

of charcoalization. Record all adjustments to 

and additions or subtractions of fuel, and any 

other changes to the appliance operations 

that occur during pretest ignition period. 

During the 15-minute period prior to the start 

of the test run, the wood heater loading door 

shall not be open more than a total of 1 

minute. Coal bed raking is the only 

adjustment allowed during this period. 

12.4.2 Coal Bed Weight. The appliance is 

to be loaded with the test fuel charge when 

the coal bed weight is between 10 percent 

and 20 percent of the test fuel charge weight. 

Coals may be raked as necessary to level the 

coal bed but may only be raked and stirred 

once between 15 to 20 minutes prior to the 

addition of the test fuel charge. 

12.5 Test Runs. For all test runs, the 

return water temperature to the hydronic 

heater must be equal to or greater than 120 

°F. Aquastat or other heater output control 

device settings that are adjustable shall be set 

using manufacturer specifications, either as 

factory set or in accordance with the owner’s 

manual, and shall remain the same for all 

burn categories. 

Complete a test run in each heat output 

rate category, as follows: 

12.5.1 Test Run Start. Once the appliance 

is operating normally and the pretest coal 

bed weight has reached the target value per 

section 12.4.2, tare the scale and load the full 

test charge into the appliance. Time for 

loading shall not exceed 5 minutes. The 

actual weight of the test fuel charge shall be 

measured and recorded within 30 minutes 

prior to loading. Start all sampling systems. 

12.5.1.1 Record all water temperatures, 

differential water temperatures and water 

flow rates at time intervals of one minute or 

less. 

12.5.1.2 Record particulate emissions 

data per the requirements of ASTM E2515 

(IBR, see § 60.17). 

12.5.1.3 Record data needed to determine 

overall efficiency (SLM) per the requirements 

of CSA B415.1–10 (IBR, see § 60.17), clauses 

6.2.1, 6.2.2, 6.3, 8.5.7, 10.4.3 (a), 10.4.3(f), 

and 13.7.9.3 

12.5.1.3.1 Measure and record the test 

room air temperature in accordance with the 

requirements of CSA B415.1–10 (IBR, see 

§ 60.17), clauses 6.2.1, 8.5.7 and 10.4.3 (g). 

12.5.1.3.2 Measure and record the flue 

gas temperature in accordance with the 

requirements of CSA B415.1–10 (IBR, see 

§ 60.17), clauses 6.2.2, 8.5.7 and 10.4.3 (f). 

12.5.1.3.3 Determine and record the 

carbon monoxide (CO) and carbon dioxide 

(CO2) concentrations in the flue gas in 

accordance with CSA B415.1–10 (IBR, see 

§ 60.17), clauses 6.3, 8.5.7 and 10.4.3 (i) and 

(j). 

12.5.1.3.4 Measure and record the test 

fuel weight per the requirements of CSA 

B415.1–10 (IBR, see § 60.17), clauses 8.5.7 

and 10.4.3 (h). 

12.5.1.3.5 Record the test run time per the 

requirements of CSA B415.1–10 (IBR, see 

§ 60.17), clauses 10.4.3 (a). 

12.5.1.4 Monitor the average heat output 

rate on the load side of the heat exchanger. 

If the heat output rate gets close to the upper 

or lower limit of the target range (±5 percent) 

adjust the water flow through the heat 

exchanger to compensate. Make changes as 

infrequently as possible while maintaining 

the target heat output rate. The first test run 

shall be conducted at the Category IV heat 

output rate to validate that the appliance is 

capable of producing the manufacturer’s 

rated heat output capacity. 

12.5.2 Test Fuel Charge Adjustment. It is 

acceptable to adjust the test fuel charge (i.e., 

reposition) once during a test run if more 

than 60 percent of the initial test fuel charge 

weight has been consumed and more than 10 

minutes have elapsed without a measurable 

(1 lb or 0. 5 kg) weight change while the 

operating control is in the demand mode. 

The time used to make this adjustment shall 

be less than 60 seconds. 

12.5.3 Test Run Completion. The test run 

is completed when the remaining weight of 

the test fuel charge is 0.0 lb (0.0 kg). End the 

test run when the scale has indicated a test 

fuel charge weight of 0.0 lb (0.0 kg) or less 

for 30 seconds. 

12.5.3.1 At the end of the test run, stop 

the particulate sampling train and overall 

efficiency (SLM) measurements, and record 

the run time, and all final measurement 

values. 

12.5.4 Heat Output Capacity Validation. 

The first test run must produce a heat output 

rate that is within 10 percent of the 

manufacturer’s rated heat output capacity 

(Category IV) throughout the test run and an 

average heat output rate within 5 percent of 

the manufacturer’s rated heat output 

capacity. If the appliance is not capable of 

producing a heat output within these limits, 

the manufacturer’s rated heat output capacity 

is considered not validated and testing is to 

be terminated. In such cases, the tests may 

be restarted using a lower heat output 

capacity if requested by the manufacturer. 

12.5.5 Additional Test Runs. Using the 

manufacturer’s rated heat output capacity as 

a basis, conduct a test for additional heat 

output categories as specified in section 4.3. 

It is not required to run these tests in any 

particular order. 

12.5.6 Alternative Heat Output Rate for 

Category I. If an appliance cannot be operated 

in the Category I heat output range due to 

stopped combustion, two test runs shall be 

conducted at heat output rates within 

Category II, provided that the completed test 

run burn rate is no greater than the burn rate 

expected in home use. If this rate cannot be 

achieved, the test is not valid. 

When the alternative heat output rate is 

used, the weightings for the weighted 

averages indicated in Table 2 shall be the 

average of the Category I and II weightings 

and shall be applied to both Category II 

results. The two completed runs in Category 

II will be deemed to meet the requirement for 

runs completed in both Category I and 

Category II. Appliances that are not capable 

of operation within Category II (<25 percent 

of maximum) cannot be evaluated by this test 

method. The test report must include full 

documentation and discussion of the 

attempted runs, completed rums and 

calculations. 

12.5.6.1 Stopped Fuel Combustion. 

Evidence that an appliance cannot be 

operated at a Category I heat output rate due 

to stopped fuel combustion shall include 

documentation of two or more attempts to 

operate the appliance in burn rate Category 

I and fuel combustion has stopped prior to 

complete consumption of the test fuel charge. 

Stopped fuel combustion is evidenced when 

an elapsed time of 60 minutes or more has 

occurred without a measurable (1 lb or 0.5 

kg) weight change in the test fuel charge 

while the appliance operating control is in 

the demand mode. Report the evidence and 

the reasoning used to determine that a test in 

burn rate Category I cannot be achieved. For 

example, two unsuccessful attempts to 

operate at an output rate of 10 percent of the 

rated output capacity are not sufficient 

evidence that burn rate Category I cannot be 

achieved. Note that section 12.5.6 requires 

that the completed test run burn rate can be 

no greater than the burn rate expected in 

home use. If this rate cannot be achieved, the 

test is not valid. 

12.5.7 Appliance Overheating. 

Appliances shall be capable of operating in 

all heat output categories without 

overheating to be rated by this test method. 

Appliance overheating occurs when the rate 

of heat withdrawal from the appliance is 

lower than the rate of heat production when 

the unit control is in the idle mode. This 

condition results in the water in the 

appliance continuing to increase in 

temperature well above the upper limit 

setting of the operating control. Evidence of 

overheating includes: 1 hour or more of 

appliance water temperature increase above 

the upper temperature set-point of the 

operating control, exceeding the temperature 

limit of a safety control device (independent 

from the operating control), boiling water in 

a non-pressurized system or activation of a 

pressure or temperature relief valve in a 

pressurized system. 

12.6 Additional Test Runs. The testing 

laboratory may conduct more than one test 

run in each of the heat output categories 

specified in section 4.3.1. If more than one 

test run is conducted at a specified heat 

output rate, the results from at least twothirds of the test runs in that heat output rate 

category shall be used in calculating the 

weighted average emission rate (See section 

14.1.14). The measurement data and results 

of all test runs shall be reported regardless of 

which values are used in calculating the 

weighted average emission rate. 

13.0 Calculation of Results 

13.1 Nomenclature 

ET—Total particulate emissions for the full 

test run as determined per ASTM E2515– 

11 (IBR, see § 60.17) in grams 

Eg/MJ—Emissions rate in grams per megajoule 

of heat output 

Elb/mmBtu output—Emissions rate in pounds 

per million Btu of heat output 

Eg/kg—Emissions factor in grams per kilogram 

of dry fuel burned 

Eg/hr—Emissions factor in grams per hour 

HHV—Higher heating value of fuel = 8600 

Btu/lb (19.990 MJ/kg) 

LHV—Lower heating value of fuel = 7988 

Btu/lb (18.567 MJ/kg) 

DT—Temperature difference between water 

entering and exiting the heat exchanger 

mstockstill on DSK4VPTVN1PROD with RULES2

13732 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

Qout—Total heat output in BTU’s 

(megajoules) 

Qin—Total heat input available in test fuel 

charge in BTU (megajoules) 

M—Mass flow rate of water in lb/min (kg/

min) 

Vi—Volume of water indicated by a totalizing 

flow meter at the ith reading in gallons 

(liters) 

Vf—Volumetric flow rate of water in heat 

exchange system in gallons per minute 

(liters/min) 

Q—Total length of test run in hours 

ti—Data sampling interval in minutes 

hdel—Delivered heating efficiency in percent 

Fi—Weighting factor for heat output category 

i (See Table 2) 

T1—Temperature of water at the inlet on the 

supply side of the heat exchanger 

T2—Temperature of the water at the outlet 

on the supply side of the heat exchanger 

T3—Temperature of water at the inlet to the 

load side of the heat exchanger 

TIavg—Average temperature of the appliance 

and water at start of the test 

TFavg—Average temperature of the 

applicance and water at the end of the 

test 

MC—Fuel moisture content in percent dry 

basis 

MCi—Average moisture content of individual 

4 x 4 fuel pieces in percent dry basis 

MCsp—Moisture content of spacers assumed 

to be 10 percent dry basis 

s—Density of water in pounds per gallon 

Cp—Specific heat of water in Btu/lb, °F 

Csteel—Specific heat of steel (0.1 Btu/lb, ßF) 

Wfuel—Fuel charge weight in pounds (kg) 

Wi—Weight of individual fuel 4 x 4 pieces 

in pounds (kg) 

Wsp—Weight of all spacers used in a fuel load 

in pounds (kg) 

Wapp—Weight of empty appliance in pounds 

Wwa—Weight of water in supply side of the 

system in pounds 

13.2 After the test is completed, 

determine the particulate emissions ET in 

accordance with ASTM E2515–11 (IBR, see 

§ 60.17). 

13.3 Determine Average Fuel Load Moisture 

Content 

13.4 Determine heat input 

13.5 Determine Heat Output and Efficiency 

13.5.1 Determine heat output as: 

Qout = S [Heat output determined for each 

sampling time interval]+ Change in heat 

stored in the appliance. 

Note: The subscript (i) indicates the 

parameter value for sampling time interval ti. 

Mi = Mass flow rate = gal/min x density of 

water (lb/gal) = lb/min 

Csteel = 0.1 Btu/lb, ° F 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.022</GPH> ER16MR15.023</GPH> ER16MR15.024</GPH> ER16MR15.025</GPH> ER16MR15.026</GPH> ER16MR15.027</GPH> ER16MR15.028</GPH>
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13733 

Note: Vi is the total water volume at the 

end of interval i and Vi-1 is the total water 

volume at the beginning of the time interval. 

This calculation is necessary when a 

totalizing type water meter is used. 

13.5.2 Determine heat output rate as: 

13.5.3 Determine emission rates and 

emission factors as: 

13.5.4 Determine delivered efficiency as: 

13.5.5 Determine hSLM—Overall Efficiency 

(SLM) using Stack Loss 

For determination of the average overall 

thermal efficiency (hSLM) for the test run, use 

the data collected over the full test run and 

the calculations in accordance with CSA 

B415.1–10 (IBR, see § 60.17), clause 13.7 

except for 13.7.2 (e), (f), (g), and (h), use the 

following average fuel properties for oak: 

percent C = 50.0, percent H = 6.6, percent O 

= 43.2, percent ash = 0.2 percent. The 

averaging period for determination of 

efficiency by the stack loss method allows 

averaging over 10 minute time periods for 

flue gas temperature, flue gas CO2, and flue 

gas CO for the determination of the 

efficiency. However, under some cycling 

conditions the ‘‘on’’ period may be short 

relative to this 10 minute period. For this 

reason, during cycling operation the 

averaging period for these parameters may 

not be longer than the burner on period 

divided by 10. The averaging period need not 

be shorter than one minute. During the off 

period, under cycling operation, the 

averaging periods specified may be used. 

Where short averaging times are used, 

however, the averaging period for fuel 

consumption may still be at 10 minutes. This 

average wood consumption rate shall be 

applied to all of the smaller time intervals 

included. 

13.5.5.1 Whenever the CSA B415.1–10 

(IBR, see § 60.17) overall efficiency is found 

to be lower than the overall efficiency based 

on load side measurements, as determined by 

Eq. 16 of this method, section 14.1.7 of the 

test report must include a discussion of the 

reasons for this result. 

13.6 Weighted Average Emissions and 

Efficiency 

13.6.1 Determine the weighted average 

emission rate and delivered efficiency from 

the individual tests in the specified heat 

output categories. The weighting factors (Fi) 

are derived from an analysis of ASHRAE bin 

data which provides details of normal 

building heating requirements in terms of 

percent of design capacity and time in a 

particular capacity range—or ‘‘bin’’—over the 

course of a heating season. The values used 

in this method represent an average of data 

from several cities located in the northern 

United States. 

13.7 Average Heat Output (Qout-8hr) and 

Efficiency ((havg-8hr) for 8 hour burn time. 

13.7.1 Units tested under this standard 

typically require infrequent fuelling, 8 to 12 

hours intervals being typical. Rating unit’s 

based on an average output sustainable over 

an 8 hour duration will assist consumers in 

appropriately sizing units to match the 

theoretical heat demand of their application. 

13.7.2 Calculations: 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.029</GPH> ER16MR15.030</GPH> ER16MR15.031</GPH> ER16MR15.003</GPH> ER16MR15.004</GPH>
13734 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

Where: 

Y1 = Test duration just above 8 hrs 

Y2 = Test duration just below 8 hrs 

X1 = Actual load for duration Y1 

X2 = Actual load for duration Y2 

hdel1 = Average delivered efficiency for 

duration Y1 

hdel2 = Average delivered efficiency for 

duration Y2 

13.7.2.1 Determine the test durations and 

actual load for each category as recorded in 

Table 1A. 

13.7.2.2 Determine the data point that has 

the nearest duration greater than 8 hrs. 

X1 = Actual load, 

Y1 = Test duration, and 

hdel1 = Average delivered efficiency for this 

data point 

13.7.2.3 Determine the data point that has 

the nearest duration less than 8 hours. 

X2 = Actual load, 

Y2 = Test duration, and 

hdel2 = Average delivered efficiency for this 

data point 

13.7.2.4 Example: 

CATEGORY ACTUAL LOAD DURATION

[Category Actual Load Duration hdel] 

(Btu/Hr) (Hr) (%) 

1 15,000 ..................... 10.2 70.0 

2 26,000 ..................... 8.4 75.5 

3 50,000 ..................... 6.4 80.1 

4 100,000 ................... 4.7 80.9 

Category 2 duration is just above 8 hours, 

therefore: X1 = 26,000 Btu/hr, hdel1 = 75.5% 

and Y1 = 8.4 hrs 

Category 3 duration is just below 8 hours, 

therefore: X2 = 50,000 Btu/hr, hdel2 = 80.1% 

and Y2 = 6.4 hrs 

Qout-8hr = 26,000 + {(8—8.4) × [(50,000— 

26,000)/(6.4—8.4)]} = 30,800 BTU/hr 

havg-8hr = 75.5 + {(8—8.4) × [(80.1—75.5)/

(6.4—8.4)]} = 76.4% 

13.8 Carbon Monoxide Emissions 

For each minute of the test period, the 

carbon monoxide emission rate shall be 

calculated as: 

Total CO emissions for each of the three 

test periods (CO_1, CO_2, CO_3) shall be 

calculated as the sum of the emission rates 

for each of the 1 minute intervals. 

Total CO emission for the test run, COT, 

shall be calculated as the sum of CO_1, CO_

2, and CO_3. 

14.0 Report 

14.1.1 The report shall include the 

following. 

14.1.2 Name and location of the 

laboratory conducting the test. 

14.1.3 A description of the appliance 

tested and its condition, date of receipt and 

dates of tests. 

14.1.4 A statement that the test results 

apply only to the specific appliance tested. 

14.1.5 A statement that the test report 

shall not be reproduced except in full, 

without the written approval of the 

laboratory. 

14.1.6 A description of the test 

procedures and test equipment including a 

schematic or other drawing showing the 

location of all required test equipment. Also, 

a description of test fuel sourcing, handling 

and storage practices shall be included. 

14.1.7 Details of deviations from, 

additions to or exclusions from the test 

method, and their data quality implications 

on the test results (if any), as well as 

information on specific test conditions, such 

as environmental conditions. 

14.1.8 A list of participants and observers 

present for the tests. 

14.1.9 Data and drawings indicating the 

fire box size and location of the fuel charge. 

14.1.10 Drawings and calculations used 

to determine firebox volume. 

14.1.11 Information for each test run fuel 

charge including piece size, moisture 

content, and weight. 

14.1.12 All required data for each test run 

shall be provided in spreadsheet format. 

Formulae used for all calculations shall be 

accessible for review. 

14.1.13 Test run duration for each test. 

14.1.14 Calculated results for delivered 

efficiency at each burn rate and the weighted 

average emissions reported as total emissions 

in grams, pounds per mm Btu of delivered 

heat, grams per MJ of delivered heat, grams 

per kilogram of dry fuel and grams per hour. 

Results shall be reported for each heat output 

category and the weighted average. 

14.1.15 Tables 1A, 1B, 1C and Table 2 

must be used for presentation of results in 

test reports. 

14.1.16 A statement of the estimated 

uncertainty of measurement of the emissions 

and efficiency test results. 

14.1.17 Raw data, calibration records, and 

other relevant documentation shall be 

retained by the laboratory for a minimum of 

7 years. 

15.0 Precision and Bias 

15.1 Precision—It is not possible to 

specify the precision of the procedure in 

Method 28WHH because the appliance 

operation and fueling protocols and the 

appliances themselves produce variable 

amounts of emissions and cannot be used to 

determine reproducibility or repeatability of 

this measurement method. 

15.2 Bias—No definitive information can 

be presented on the bias of the procedure in 

Method 28WHH for measuring solid fuel 

burning hydronic heater emissions because 

no material having an accepted reference 

value is available. 

16.0 Keywords 

16.1 Solid fuel, hydronic heating 

appliances, wood-burning hydronic heaters. 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.005</GPH>
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13735 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.006</GPH>

Table lA. Data Summary Part A 

Table lB. Data Summary Part B 

max 

16-24% 

of max 

25-50% 

Table lC: Hangtag Information (optional) 

MANUFACTURER: 

MODEL NUMBER: 

MAXIMUM OUTPUT RATING: Qmax 

ANNUAL EFFICIENCY RATING: ~avg 

PARTICLE EMISSIONS: Eavg 

CARBON MONOXIDE: COg/MIN 

BTU/HR 

(Using higher heating value) 

GRAMS/HR (average) 

LBS/MILLION BTU OUTPUT 

GRAMS/MINUTE 
13736 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.007</GPH>

Table 2. Annual Weighting 

Category Weighting 'lldel,i X Fi EgJMJ,iX Fi Eglkg,iX Fi Elb/mmBtu Out,i X F i Eg!br,iX Fi Factor (Fi) 

I 0.437 

II 0.238 

III 0.275 

IV 0.050 

Totals 1.000 
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13737 

Test Method 28WHH for Certification of 

Cord Wood-Fired Hydronic Heating 

Appliances With Partial Thermal Storage: 

Measurement of Particulate Matter (PM) and 

Carbon Monoxide (CO) Emissions and 

Heating Efficiency of Wood-Fired Hydronic 

Heating Appliances With Partial Thermal 

Storage 

1.0 Scope and Application 

1.1 This test method applies to woodfired hydronic heating appliances with heat 

storage external to the appliance. The units 

typically transfer heat through circulation of 

a liquid heat exchange media such as water 

or a water-antifreeze mixture. Throughout 

this document, the term ‘‘water’’ will be used 

to denote any of the heat transfer liquids 

approved for use by the manufacturer. 

1.2 The test method measures PM and CO 

emissions and delivered heating efficiency at 

specified heat output rates referenced against 

the appliance’s rated heating capacity as 

specified by the manufacturer and verified 

under this test method. 

1.3 PM emissions are measured by the 

dilution tunnel method as specified in the 

EPA Method 28WHH and the standards 

referenced therein with the exceptions noted 

in section 12.5.9. Delivered efficiency is 

measured by determining the fuel energy 

input and appliance output. Heat output is 

determined through measurement of the flow 

rate and temperature change of water 

circulated through a heat exchanger external 

to the appliance and the increase in energy 

of the external storage. Heat input is 

determined from the mass of dry wood fuel 

and its higher heating value (HHV). Delivered 

efficiency does not attempt to account for 

pipeline loss. 

1.4 Products covered by this test method 

include both pressurized and nonpressurized hydronic heating appliances 

intended to be fired with wood and for which 

the manufacturer specifies for indoor or 

outdoor installation. The system, which 

includes the heating appliance and external 

storage, is commonly connected to a heat 

exchanger by insulated pipes and normally 

includes a pump to circulate heated liquid. 

These systems are used to heat structures 

such as homes, barns and greenhouses. They 

also provide heat for domestic hot water, 

spas and swimming pools. 

1.5 Distinguishing features of products 

covered by this standard include: 

1.5.1 The manufacturer specifies the 

application for either indoor or outdoor 

installation. 

1.5.2 A firebox with an access door for 

hand loading of fuel. 

1.5.3 Typically an aquastat mounted as 

part of the appliance that controls 

combustion air supply to maintain the liquid 

in the appliance within a predetermined 

temperature range provided sufficient fuel is 

available in the firebox. The appliance may 

be equipped with other devices to control 

combustion. 

1.5.4 A chimney or vent that exhausts 

combustion products from the appliance. 

1.5.5 A liquid storage system, typically 

water, which is not large enough to accept all 

of the heat produced when a full load of 

wood is burned and the storage system starts 

a burn cycle at 125 °F. 

1.5.6 The heating appliances require 

external thermal storage and these units will 

only be installed as part of a system which 

includes thermal storage. The manufacturer 

specifies the minimum amount of thermal 

storage required. However, the storage system 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.008</GPH>
13738 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

shall be large enough to ensure that the boiler 

(heater) does not cycle, slumber, or go into 

an off-mode when operated in a Category III 

load condition (See section 4.3). 

1.6 The values stated are to be regarded 

as the standard whether in I–P or SI units. 

The values given in parentheses are for 

information only. 

2.0 Summary of Method and References 

2.1 PM and CO emissions are measured 

from a wood–fired hydronic heating 

appliance burning a prepared test fuel charge 

in a test facility maintained at a set of 

prescribed conditions. Procedures for 

determining heat output rates, PM and CO 

emissions, and efficiency and for reducing 

data are provided. 

2.2 Referenced Documents 

2.2.1 EPA Standards 

2.2.1.1 Method 28 Certification and 

Auditing of Wood Heaters 

2.2.1.2 Method 28WHH Measurement of 

Particulate Emissions and Heating Efficiency 

of Wood-Fired Hydronic Heating Appliances 

and the Standards Referenced therein. 

2.2.2 Other Standards 

2.2.2.1 CSA–B415.1–10 Performance 

Testing of Solid-Fuel-Burning Heating 

Appliances 

3.0 Terminology 

3.1 Definitions 

3.1.1 Hydronic Heating—A heating 

system in which a heat source supplies 

energy to a liquid heat exchange media such 

as water that is circulated to a heating load 

and returned to the heat source through 

pipes. 

3.1.2 Aquastat—A control device that 

opens or closes a circuit to control the rate 

of fuel consumption in response to the 

temperature of the heating media in the 

heating appliance. 

3.1.3 Delivered Efficiency—The 

percentage of heat available in a test fuel 

charge that is delivered to a simulated 

heating load or the storage system as 

specified in this test method. 

3.1.4 Emission Factor—The emission of a 

pollutant expressed in mass per unit of 

energy (typically) output from the boiler/

heater. 

3.1.5 Emission Index—The emission of a 

pollutant expressed in mass per unit mass of 

fuel used. 

3.1.6 Emission Rate—The emission of a 

pollutant expressed in mass per unit time 

3.1.7 Manufacturer’s Rated Heat Output 

Capacity—The value in Btu/hr (MJ/hr) that 

the manufacturer specifies that a particular 

model of hydronic heating appliance is 

capable of supplying at its design capacity as 

verified by testing, in accordance with 

section 12.5.4. 

3.1.8 Heat Output Rate—The average rate 

of energy output from the appliance during 

a specific test period in Btu/hr (MJ/hr). 

3.1.9 Firebox—The chamber in the 

appliance in which the test fuel charge is 

placed and combusted. 

3.1.10 NIST—National Institute of 

Standards and Technology. 

3.1.11 Test Fuel Charge—The collection 

of test fuel placed in the appliance at the start 

of the emission test run. 

3.1.12 Test Run—An individual emission 

test which encompasses the time required to 

consume the mass of the test fuel charge. The 

time of the test run also considers the time 

for the energy to be drawn from the thermal 

storage. 

3.1.13 Test Run Under ‘‘Cold-to-Cold’’ 

Condition—Under this test condition the test 

fuel is added into an empty chamber along 

with kindling and ignition materials (paper). 

The boiler/heater at the start of this test is 

typically 125° to 130 °F. 

3.1.14 Test Run Under ‘‘Hot-to-Hot’’ 

Condition—Under this test condition the test 

fuel is added onto a still-burning bed of 

charcoals produced in a pre-burn period. The 

boiler/heater water is near its operating 

control limit at the start of the test. 

3.1.15 Overall Efficiency, also known as 

Stack Loss Efficiency—The efficiency for 

each test run as determined using the CSA 

B415.1–10 (IBR, see § 60.17) stack loss 

method (SLM). 

3.1.16 Phases of a Burn Cycle—The 

‘‘startup phase’’ is defined as the period from 

the start of the test until 15 percent of the test 

fuel charge is consumed. The ‘‘steady-state 

phase’’ is defined as the period from the end 

of the startup phase to a point at which 80 

percent of the test fuel charge is consumed. 

The ‘‘end phase’’ is defined as the time from 

the end of the steady-state period to the end 

of the test. 

3.1.17 Thermopile—A device consisting 

of a number of thermocouples connected in 

series, used for measuring differential 

temperature. 

3.1.18 Slumber Mode—This is a mode in 

which the temperature of the water in the 

boiler/heater has exceeded the operating 

control limit and the control has changed the 

boiler/heater fan speed, dampers, and/or 

other operating parameters to minimize the 

heat output of the boiler/heater. 

4.0 Summary of Test Method 

4.1 Dilution Tunnel. Emissions are 

determined using the ‘‘dilution tunnel’’ 

method specified in EPA Method 28WHH 

and the standards referenced therein. The 

flow rate in the dilution tunnel is maintained 

at a constant level throughout the test cycle 

and accurately measured. Samples of the 

dilution tunnel flow stream are extracted at 

a constant flow rate and drawn through high 

efficiency filters. The filters are dried and 

weighed before and after the test to 

determine the emissions collected and this 

value is multiplied by the ratio of tunnel flow 

to filter flow to determine the total 

particulate emissions produced in the test 

cycle. 

4.2 Efficiency. The efficiency test 

procedure takes advantage of the fact that 

this type of system delivers heat through 

circulation of the heated liquid (water) from 

the system to a remote heat exchanger (e.g. 

baseboard radiators in a room) and back to 

the system. Measurements of the cooling 

water temperature difference as it enters and 

exits the test system heat exchanger along 

with the measured flow rate allow for an 

accurate determination of the useful heat 

output of the appliance. Also included in the 

heat output is the change in the energy 

content in the storage system during a test 

run. Energy input to the appliance during the 

test run is determined by weight of the test 

fuel charge, adjusted for moisture content, 

multiplied by the higher heating value. 

Additional measurements of the appliance 

weight and temperature at the beginning and 

end of a test cycle are used to correct for heat 

stored in the appliance. Overall efficiency 

(SLM) is determined using the CSA B415.1– 

10 (IBR, see § 60.17) stack loss method for 

data quality assurance purposes. 

4.3 Operation. Four test categories are 

defined for use in this method. These are: 

4.3.1 Category I: A heat output of 15 

percent or less of manufacturer’s rated heat 

output capacity. 

4.3.2 Category II: A heat output of 16 

percent to 24 percent of manufacturer’s rated 

heat output capacity. 

4.3.3 Category III: A heat output of 25 

percent to 50 percent of manufacturer’s rated 

heat output capacity. 

4.3.4 Category IV: Manufacturer’s Rated 

Heat Output Capacity. These heat output 

categories refer to the output from the system 

by way of the load heat exchanger installed 

for the test. The output from just the boiler/ 

heater part of the system may be higher for 

all or part of a test, as part of this boiler/

heater output goes to storage. 

For the Category III and IV runs, appliance 

operation is conducted on a hot-to-hot test 

cycle meaning that the appliance is brought 

to operating temperature and a coal bed is 

established prior to the addition of the test 

fuel charge and measurements are made for 

each test fuel charge cycle. The 

measurements are made under constant heat 

draw conditions within pre-determined 

ranges. No attempt is made to modulate the 

heat demand to simulate an indoor 

thermostat cycling on and off in response to 

changes in the indoor environment. 

For the Category I and II runs, the unit is 

tested with a ‘‘cold start.’’ At the 

manufacturer’s option, the Category II and III 

runs may be waived and it may be assumed 

that the particulate emission values and 

efficiency values determined in the startup, 

steady-state, and end phases of Category I are 

applicable in Categories II and III for the 

purpose of determining the annual averages 

in lb/mmBtu and g/MJ (See section 13). For 

the annual average in g/hr, the length of time 

for stored heat to be drawn from thermal 

storage shall be determined for the test load 

requirements of the respective category. 

All test operations and measurements shall 

be conducted by personnel of the laboratory 

responsible for the submission of the test 

report. 

5.0 Significance and Use 

5.1 The measurement of particulate 

matter emission and CO rates is an important 

test method widely used in the practice of air 

pollution control. 

5.1.1 These measurements, when 

approved by state or federal agencies, are 

often required for the purpose of determining 

compliance with regulations and statutes. 

5.1.2 The measurements made before and 

after design modifications are necessary to 

demonstrate the effectiveness of design 

changes in reducing emissions and make this 

standard an important tool in manufacturers’ 

research and development programs. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13739 

5.2 Measurement of heating efficiency 

provides a uniform basis for comparison of 

product performance that is useful to the 

consumer. It is also required to relate 

emissions produced to the useful heat 

production. 

5.3 This is a laboratory method and is not 

intended to be fully representative of all 

actual field use. It is recognized that users of 

hand-fired, wood-burning equipment have a 

great deal of influence over the performance 

of any wood-burning appliance. Some 

compromises in realism have been made in 

the interest of providing a reliable and 

repeatable test method. 

6.0 Test Equipment 

6.1 Scale. A platform scale capable of 

weighing the boiler/heater under test and 

associated parts and accessories when 

completely filled with water to an accuracy 

of ±1.0 pound (±0.5 kg) and a readout 

resolution of ±0.2 pound (±0.1 kg). 

6.2 Heat Exchanger. A water-to-water 

heat exchanger capable of dissipating the 

expected heat output from the system under 

test. 

6.3 Water Temperature Difference 

Measurement. A Type—T ‘special limits’ 

thermopile with a minimum of 5 pairs of 

junctions shall be used to measure the 

temperature difference in water entering and 

leaving the heat exchanger. The temperature 

difference measurement uncertainty of this 

type of thermopile is equal to or less than 

±0.50 °F (±0.25 °C). Other temperature 

measurement methods may be used if the 

temperature difference measurement 

uncertainty is equal to or less than ±0.50 °F 

(±0.25 °C). This measurement uncertainty 

shall include the temperature sensor, sensor 

well arrangement, piping arrangements, lead 

wire, and measurement/recording system. 

The response time of the temperature 

measurement system shall be less than half 

of the time interval at which temperature 

measurements are recorded. 

6.4 Water Flow Meter. A water flow 

meter shall be installed in the inlet to the 

load side of the heat exchanger. The flow 

meter shall have an accuracy of ±1 percent 

of measured flow. 

6.4.1 Optional—Appliance Side Water 

Flow Meter. A water flow meter with an 

accuracy of ±1 percent of the flow rate is 

recommended to monitor supply side water 

flow rate. 

6.5 Optional Recirculation Pump. 

Circulating pump used during test to prevent 

stratification, in the boiler/heater, of liquid 

being heated. 

6.6 Water Temperature Measurement. 

Thermocouples or other temperature sensors 

to measure the water temperature at the inlet 

and outlet of the load side of the heat 

exchanger must meet the calibration 

requirements specified in 10.1 of this 

method. 

6.7 Lab Scale. For measuring the moisture 

content of wood slices as part of the overall 

wood moisture determination. Accuracy of 

±0.01 pounds. 

6.8 Flue Gas Temperature Measurement. 

Must meet the requirements of CSA B415.1– 

10 (IBR, see § 60.17), clause 6.2.2. 

6.9 Test Room Temperature 

Measurement. Must meet the requirements of 

CSA B415.1–10 (IBR, see § 60.17), clause 

6.2.1. 

6.10 Flue Gas Composition Measurement. 

Must meet the requirements of CSA B415.1– 

10 (IBR, see § 60.17), clauses 6.3.1 through 

6.3.3. 

6.11 Dilution Tunnel CO Measurement. 

In parallel with the flue gas composition 

measurements, the CO concentration in the 

dilution tunnel shall also be measured and 

reported at time intervals not to exceed one 

minute. This analyzer shall meet the zero and 

span drift requirements of CSA B415.1–10 

(IBR, see § 60.17). In addition the 

measurement repeatability shall be better 

than ±15 ppm over the range of CO levels 

observed in the dilution tunnel. 

7.0 Safety 

7.1 These tests involve combustion of 

wood fuel and substantial release of heat and 

products of combustion. The heating system 

also produces large quantities of very hot 

water and the potential for steam production 

and system pressurization. Appropriate 

precautions must be taken to protect 

personnel from burn hazards and respiration 

of products of combustion. 

8.0 Sampling, Test Specimens and Test 

Appliances 

8.1 Test specimens shall be supplied as 

complete appliances, as described in 

marketing materials, including all controls 

and accessories necessary for installation in 

the test facility. A full set of specifications, 

installation and operating instructions, and 

design and assembly drawings shall be 

provided when the product is to be placed 

under certification of a third-party agency. 

The manufacturer’s written installation and 

operating instructions are to be used as a 

guide in the set-up and testing of the 

appliance and shall be part of the test record. 

8.2 The size, connection arrangement, 

and control arrangement for the thermal 

storage shall be as specified in the 

manufacturer’s documentation. It is not 

necessary to use the specific storage system 

that the boiler/heater will be marketed with. 

However, the capacity of the system used in 

the test cannot be greater than that specified 

as the minimum allowable for the boiler/

heater. 

8.3 All system control settings shall be 

the as-shipped, default settings. These 

default settings shall be the same as those 

communicated in a document to the installer 

or end user. These control settings and the 

documentation of the control settings as to be 

provided to the installer or end user shall be 

part of the test record. 

8.4 Where the manufacturer defines 

several alternatives for the connection and 

loading arrangement, one shall be defined in 

the appliance documentation as the default 

or standard installation. It is expected that 

this will be the configuration for use with a 

simple baseboard heating system. This is the 

configuration to be followed for these tests. 

The manufacturer’s documentation shall 

define the other arrangements as optional or 

alternative arrangements. 

9.0 Preparation of Test Equipment 

9.1 The appliance is to be placed on a 

scale capable of weighing the appliance fully 

loaded with a resolution of ±0.2 lb (0.1 kg). 

9.2 The appliance shall be fitted with the 

type of chimney recommended or provided 

by the manufacturer and extending to 15 ±0.5 

feet (4.6 ±0.15 m) from the upper surface of 

the scale. If no flue or chimney system is 

recommended or provided by the 

manufacturer, connect the appliance to a flue 

of a diameter equal to the flue outlet of the 

appliance. The flue section from the 

appliance flue collar to 8 ±0.5 feet above the 

scale shall be single wall stove pipe and the 

remainder of the flue shall be double wall 

insulated class A chimney. 

9.3 Optional Equipment Use 

9.3.1 A recirculation pump may be 

installed between connections at the top and 

bottom of the appliance to minimize thermal 

stratification if specified by the 

manufacturer. The pump shall not be 

installed in such a way as to change or affect 

the flow rate between the appliance and the 

heat exchanger. 

9.3.2 If the manufacturer specifies that a 

thermal control valve or other device be 

installed and set to control the return water 

temperature to a specific set point, the valve 

or other device shall be installed and set per 

the manufacturer’s written instructions. 

9.4 Prior to filling the boiler/heater with 

water, weigh and record the appliance mass. 

9.5 Heat Exchanger 

9.5.1 Plumb the unit to a water-to-water 

heat exchanger with sufficient capacity to 

draw off heat at the maximum rate 

anticipated. Route hoses and electrical cables 

and instrument wires in a manner that does 

not influence the weighing accuracy of the 

scale as indicated by placing dead weights on 

the platform and verifying the scale’s 

accuracy. 

9.5.2 Locate thermocouples to measure 

the water temperature at the inlet and outlet 

of the load side of the heat exchanger. 

9.5.3 Install a thermopile (or equivalent 

instrumentation) meeting the requirements of 

section 6.3 to measure the water temperature 

difference between the inlet and outlet of the 

load side of the heat exchanger 

9.5.4 Install a calibrated water flow meter 

in the heat exchanger load side supply line. 

The water flow meter is to be installed on the 

cooling water inlet side of the heat exchanger 

so that it will operate at the temperature at 

which it is calibrated. 

9.5.5 Place the heat exchanger in a box 

with 2 in. (50 mm) of expanded polystyrene 

(EPS) foam insulation surrounding it to 

minimize heat losses from the heat 

exchanger. 

9.5.6 The reported efficiency and heat 

output rate shall be based on measurements 

made on the load side of the heat exchanger. 

9.5.7 Temperature instrumentation per 

section 6.6 shall be installed in the appliance 

outlet and return lines. The average of the 

outlet and return water temperature on the 

supply side of the system shall be considered 

the average appliance temperature for 

calculation of heat storage in the appliance 

(TFavg and TIavg). Installation of a water flow 

meter in the supply side of the system is 

optional. 

mstockstill on DSK4VPTVN1PROD with RULES2

13740 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

9.6 Storage Tank. The storage tank shall 

include a destratification pump as illustrated 

in Figure 1. The pump will draw from the 

bottom of the tank and return to the top as 

illustrated. Temperature sensors (TS1 and 

TS2 in Figure 1) shall be included to measure 

the temperature in the recirculation loop. 

The valve plan in Figure 1 allows the tank 

recirculation loop to operate and the boiler/ 

heater-to-heat exchanger loop to operate at 

the same time but in isolation. This would 

typically be done before the start of a test or 

following completion of a test to determine 

the end of test average tank temperature. The 

nominal flow rate in the storage tank 

recirculation loop can be estimated based on 

pump manufacturers’ performance curves 

and any significant restriction in the 

recirculation loop. 

9.7 Fill the system with water. Determine 

the total weight of the water in the appliance 

when the water is circulating. Verify that the 

scale indicates a stable weight under 

operating conditions. Make sure air is purged 

properly. 

10.0 Calibration and Standardization 

10.1 Water Temperature Sensors. 

Temperature measuring equipment shall be 

calibrated before initial use and at least semiannually thereafter. Calibrations shall be in 

compliance with National Institute of 

Standards and Technology (NIST) 

Monograph 175, Standard Limits of Error. 

10.2 Heat Exchanger Load Side Water 

Flow Meter. 

10.2.1 The heat exchanger load side water 

flow meter shall be calibrated within the flow 

range used for the test run using NISTtraceable methods. Verify the calibration of 

the water flow meter before and after each 

test run and at least once during each test run 

by comparing the water flow rate indicated 

by the flow meter to the mass of water 

collected from the outlet of the heat 

exchanger over a timed interval. Volume of 

the collected water shall be determined based 

on the water density calculated from section 

13, Eq. 12, using the water temperature 

measured at the flow meter. The uncertainty 

in the verification procedure used shall be 1 

percent or less. The water flow rate 

determined by the collection and weighing 

method shall be within 1 percent of the flow 

rate indicated by the water flow meter. 

10.3 Scales. The scales used to weigh the 

appliance and test fuel charge shall be 

calibrated using NIST-traceable methods at 

least once every 6 months. 

10.4 Flue Gas Analyzers—In accordance 

with CSA B415.1–10 (IBR, see § 60.17), 

clause 6.8. 

11.0 Conditioning 

11.1 Prior to testing, an appliance is to be 

operated for a minimum of 50 hours using a 

medium heat draw rate. The conditioning 

may be at the manufacturer’s facility prior to 

the certification test. If the conditioning is at 

the certification test laboratory, the pre-burn 

for the first test can be included as part of 

the conditioning requirement. If conditioning 

is included in pre-burn, then the appliance 

shall be aged with fuel meeting the 

specifications outlined in section 12.2 with a 

moisture content between 19 and 25 percent 

on a dry basis. Operate the appliance at a 

medium heat output rate (Category II or III) 

for at least 10 hours for non-catalytic 

appliances and 50 hours for catalytic 

appliances. Record and report hourly flue gas 

exit temperature data and the hours of 

operation. The aging procedure shall be 

conducted and documented by a testing 

laboratory. 

12.0 Procedure 

12.1 Appliance Installation. Assemble the 

appliance and parts in conformance with the 

manufacturer’s written installation 

instructions. Clean the flue with an 

appropriately sized, wire chimney brush 

before each certification test series. 

12.2 Fuel. Test fuel charge fuel shall be 

red (Quercus ruba L.) or white (Quercus 

Alba) oak 19 to 25 percent moisture content 

on a dry basis. Piece length shall be 80 

percent of the firebox depth rounded down 

to the nearest 1 inch (25mm) increment. For 

example, if the firebox depth is 46 inches 

(1168mm) the piece length would be 36 

inches (46 inches x 0.8 = 36.8 inches, 

rounded down to 36 inches). Pieces are to be 

placed in the firebox parallel to the longest 

firebox dimension. For fireboxes with sloped 

surfaces that create a non-uniform firebox 

length, the piece length shall be adjusted for 

each layer based on 80 percent of the length 

at the level where the layer is placed. The 

test fuel shall be cord wood with cross 

section dimensions and weight limits as 

defined in CSA B415.1–10 (IBR, see § 60.17), 

section 8.3, Table 4. The use of dimensional 

lumber is not allowed. 

12.2.1 Select three pieces of cord wood 

from the same batch of wood as the test fuel 

and the same weight as the average weight 

of the pieces in the test load ± 1.0 lb. From 

each of these three pieces, cut three slices. 

Each slice shall be 1⁄2 inch to 3⁄4 inch thick. 

One slice shall be cut across the center of the 

length of the piece. The other two slices shall 

be cut half way between the center and the 

end. Immediately measure the mass of each 

piece in pounds. Dry each slice in an oven 

at 220 °F for 24 hours or until no further 

weight change occurs. The slices shall be 

arranged in the oven so as to provide 

separation between faces. Remove from the 

oven and measure the mass of each piece 

again as soon as practical, in pounds. 

The moisture content of each slice, on a 

dry basis, shall be calculated as: 

Where: 

WSliceWet = weight of the slice before drying 

in pounds 

WSliceDry = weight of the slice after drying in 

pounds 

MCSlice = moisture content of the slice in % 

dry basis 

The average moisture content of the entire 

test load (MC) shall be determined using Eq. 

6. Each individual slice shall have a moisture 

content in the range of 18 percent to 28 

percent on a dry basis. The average moisture 

content for the test fuel load shall be in the 

range of 19 percent to 25 percent. Moisture 

shall not be added to previously dried fuel 

pieces except by storage under high humidity 

conditions and temperature up to 100 °F. 

Fuel moisture measurement shall begin 

within 4 hours of using the fuel batch for a 

test. Use of a pin-type meter to estimate the 

moisture content prior to a test is 

recommended. 

12.2.2 Firebox Volume. Determine the 

firebox volume in cubic feet. Firebox volume 

shall include all areas accessible through the 

fuel loading door where firewood could 

reasonably be placed up to the horizontal 

plane defined by the top of the loading door. 

A drawing of the firebox showing front, side 

and plan views or an isometric view with 

interior dimensions shall be provided by the 

manufacturer and verified by the laboratory. 

Calculations for firebox volume from 

computer aided design (CAD) software 

programs are acceptable and shall be 

included in the test report if used. If the 

firebox volume is calculated by the 

laboratory the firebox drawings and 

calculations shall be included in the test 

report. 

12.2.3 Test Fuel charge. Test fuel charges 

shall be determined by multiplying the 

firebox volume by 10 pounds (4.54 kg) per ft3

(28L), or a higher load density as 

recommended by the manufacturer’s printed 

operating instructions, of wood (as used wet 

weight). Select the number of pieces of cord 

wood that most nearly match this target 

weight. However, the test fuel charge cannot 

be less than the target of 10 pounds (4.54 kg) 

per ft3 (28L). 

12.3 Sampling Equipment. Prepare the 

particulate emission sampling equipment as 

defined by EPA Method 28WHH and the 

standards referenced therein. 

12.4 Appliance Startup. The appliance 

shall be fired with wood fuel of any species, 

size and moisture content, at the laboratory’s 

discretion, to bring it up to operating 

temperature. Operate the appliance until the 

water is heated to the upper operating control 

limit and has cycled at least two times. Then 

remove all unburned fuel, zero the scale and 

verify the scales accuracy using dead 

weights. 

12.4.1 Startup Procedure for Category III 

and IV Test Runs, ‘‘Hot-to-Hot.’’ 

12.4.1.1 Pretest t Burn Cycle. Following 

appliance startup (section 12.4), reload 

appliance with oak cord wood and allow it 

to burn down to the specified coal bed 

weight. The pre-test burn cycle fuel charge 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.009</GPH>
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13741 

weight shall be within ±10 percent of the test 

fuel charge weight. Piece size and length 

shall be selected such that charcoalization is 

achieved by the time the fuel charge has 

burned down to the required coal bed weight. 

Pieces with a maximum thickness of 

approximately 2 inches have been found to 

be suitable. Charcoalization is a general 

condition of the test fuel bed evidenced by 

an absence of large pieces of burning wood 

in the coal bed and the remaining fuel pieces 

being brittle enough to be broken into smaller 

charcoal pieces with a metal poker. 

Manipulations to the fuel bed prior to the 

start of the test run are to be done to achieve 

charcoalization while maintaining the 

desired heat output rate. During the pre-test 

burn cycle and at least one hour prior to 

starting the test run, adjust water flow to the 

heat exchanger to establish the target heat 

draw for the test. For the first test run the 

heat draw rate shall be equal to the 

manufacturer’s rated heat output capacity. 

12.4.1.2 Allowable Adjustments. Fuel 

addition or subtractions, and coal bed raking 

shall be kept to a minimum but are allowed 

up to 15 minutes prior to the start of the test 

run. For the purposes of this method, coal 

bed raking is the use of a metal tool (poker) 

to stir coals, break burning fuel into smaller 

pieces, dislodge fuel pieces from positions of 

poor combustion, and check for the condition 

of charcoalization. Record all adjustments to 

and additions or subtractions of fuel, and any 

other changes to the appliance operations 

that occur during pretest ignition period. 

During the 15-minute period prior to the start 

of the test run, the wood heater loading door 

shall not be open more than a total of 1 

minute. Coal bed raking is the only 

adjustment allowed during this period. 

12.4.1.3 Coal Bed Weight. The appliance 

is to be loaded with the test fuel charge when 

the coal bed weight is between 10 percent 

and 20 percent of the test fuel charge weight. 

Coals may be raked as necessary to level the 

coal bed but may only be raked and stirred 

once between 15 to 20 minutes prior to the 

addition of the test fuel charge. 

12.4.1.4 Storage. The Category III and IV 

test runs may be done either with or without 

the thermal storage. If thermal storage is 

used, the initial temperature of the storage 

must be 125 °F or greater at the start of the 

test. The storage may be heated during the 

pre-test burn cycle or it may be heated by 

external means. If thermal storage is used, 

prior to the start of the test run, the storage 

tank destratification pump, shown in Figure 

1, shall be operated until the total volume 

pumped exceeds 1.5 times the tank volume 

and the difference between the temperature 

at the top and bottom of the storage tank (TS1

and TS2) is less than 1 °F. These two 

temperatures shall then be recorded to 

determine the starting average tank 

temperature. The total volume pumped may 

be based on the nominal flow rate of the 

destratification pump (See section 9.6). If the 

Category III and IV runs are done with 

storage, it is recognized that during the last 

hour of the pre-burn cycle the storage tank 

must be mixed to achieve a uniform starting 

temperature and cannot receive heat from the 

boiler/heater during this time. During this 

time period, the boiler/heater might cycle or 

go into a steady reduced output mode. 

(Note—this would happen, for example, in a 

Category IV run if the actual maximum 

output of the boiler/heater exceed the 

manufacturer’s rated output.) A second 

storage tank may be used temporarily to 

enable the boiler/heater to operate during 

this last hour of the pre-burn period as it will 

during the test period. The temperature of 

this second storage tank is not used in the 

calculations but the return water to the 

boiler/heater (after mixing device if used) 

must be 125 °F or greater. 

12.4.2 Startup Procedure for Category I 

and II Test Runs, ‘‘Cold-to-Cold.’’ 

12.4.2.1 Initial Temperatures. This test 

shall be started with both the boiler/heater 

and the storage at a minimum temperature of 

125°F. The boiler/heater maximum 

temperature at the start of this test shall be 

135 °F. The boiler/heater and storage may be 

heated through a pre-burn or it may be 

heated by external means. 

12.4.2.2 Firebox Condition at Test Start. 

Prior to the start of this test remove all ash 

and charcoal from the combustion 

chamber(s). The loading of the test fuel and 

kindling should follow the manufacturer’s 

recommendations, subject to the following 

constraints: Up to 10 percent kindling and 

paper may be used which is in addition to 

the fuel load. Further, up to 10 percent of the 

fuel load (i.e., included in the 10 lb/ft3) may 

be smaller than the main fuel. This startup 

fuel shall still be larger than 2 inches. 

12.4.2.3 Storage. The Category I and II 

test runs shall be done with thermal storage. 

The initial temperature of the storage must be 

125 °F or greater at the start of the test. The 

storage may be heated during the pre-test 

burn cycle or it may be heated by external 

means. Prior to the start of the test run, the 

storage tank destratification pump, shown in 

Figure 1, shall be operated until the total 

volume pumped exceeds 1.5 times the tank 

volume and the difference between the 

temperature at the top and bottom of the 

storage tank (TS1 and TS2) is less than 1 °F. 

These two temperatures shall then be 

recorded to determine the starting average 

tank temperature. The total volume pumped 

may be based on the nominal flow rate of the 

destratification pump (See section 9.6). 

12.5 Test Runs. For all test runs, the 

return water temperature to the hydronic 

heater must be equal to or greater than 120 

°F (this is lower than the initial tank 

temperature to allow for any pipeline losses). 

Where the storage system is used, flow of 

water from the boiler/heater shall be divided 

between the storage tank and the heat 

exchanger such that the temperature change 

of the circulating water across the heat 

exchanger shall be 30 ±5 °F, averaged over 

the entire test run. This is typically adjusted 

using the system valves. 

Complete a test run in each heat output 

rate category, as follows: 

12.5.1 Test Run Start. For Category III and 

IV runs: Once the appliance is operating 

normally and the pretest coal bed weight has 

reached the target value per section 12.4.1, 

tare the scale and load the full test charge 

into the appliance. Time for loading shall not 

exceed 5 minutes. The actual weight of the 

test fuel charge shall be measured and 

recorded within 30 minutes prior to loading. 

Start all sampling systems. 

For Category I and II runs: Once the 

appliance has reached the starting 

temperature, tare the scale and load the full 

test charge, including kindling into the 

appliance. The actual weight of the test fuel 

charge shall be measured and recorded 

within 30 minutes prior to loading. Light the 

fire following the manufacturer’s written 

normal startup procedure. Start all sampling 

systems. 

12.5.1.1 Record all water temperatures, 

differential water temperatures and water 

flow rates at time intervals of one minute or 

less. 

12.5.1.2 Record particulate emissions 

data per the requirements of EPA Method 

28WHH and the standards referenced 

therein. 

12.5.1.3 Record data needed to determine 

overall efficiency (SLM) per the requirements 

of CSA B415.1–10 (IBR, see § 60.17) clauses 

6.2.1, 6.2.2, 6.3, 8.5.7, 10.4.3(a), 10.4.3(f), and 

13.7.9.3 

12.5.1.3.1 Measure and record the test 

room air temperature in accordance with the 

requirements of CSA B415.1–10 (IBR, see 

§ 60.17), clauses 6.2.1, 8.5.7 and 10.4.3(g). 

12.5.1.3.2 Measure and record the flue 

gas temperature in accordance with the 

requirements of CSA B415.1–10 (IBR, see 

§ 60.17), clauses 6.2.2, 8.5.7 and 10.4.3(f). 

12.5.1.3.3 Determine and record the 

carbon monoxide (CO) and carbon dioxide 

(CO2) concentrations in the flue gas in 

accordance with CSA B415.1–10 (IBR, see 

§ 60.17), clauses 6.3, 8.5.7 and 10.4.3(i) and 

(j). 

12.5.1.3.4 Measure and record the test 

fuel weight per the requirements of CSA 

B415.1–10 (IBR, see § 60.17), clauses 8.5.7 

and 10.4.3(h). 

12.5.1.3.5 Record the test run time per the 

requirements of CSA B415.1–10 (IBR, see 

§ 60.17), clause 10.4.3(a). 

12.5.1.3.6 Record and document all 

settings and adjustments, if any, made to the 

boiler/heater as recommended/required by 

manufacturer’s instruction manual for 

different combustion conditions or heat 

loads. These may include temperature 

setpoints, under and over-fire air adjustment, 

or other adjustments that could be made by 

an operator to optimize or alter combustion. 

All such settings shall be included in the 

report for each test run. 

12.5.1.4 Monitor the average heat output 

rate on the load side of the heat exchanger 

based on water temperatures and flow. If the 

heat output rate over a 10 minute averaging 

period gets close to the upper or lower limit 

of the target range (±5 percent), adjust the 

water flow through the heat exchanger to 

compensate. Make changes as infrequently as 

possible while maintaining the target heat 

output rate. The first test run shall be 

conducted at the Category IV heat output rate 

to validate that the appliance is capable of 

producing the manufacturer’s rated heat 

output capacity. 

12.5.2 Test Fuel Charge Adjustment. It is 

acceptable to adjust the test fuel charge (i.e., 

reposition) once during a test run if more 

than 60 percent of the initial test fuel charge 

weight has been consumed and more than 10 

mstockstill on DSK4VPTVN1PROD with RULES2

13742 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

minutes have elapsed without a measurable 

(1 lb or 0.5 kg) weight change while the 

operating control is in the demand mode. 

The time used to make this adjustment shall 

be less than 60 seconds. 

12.5.3 Test Run Completion. For the 

Category III and IV, ‘‘hot-to-hot’’ test runs, 

the test run is completed when the remaining 

weight of the test fuel charge is 0.0 lb (0.0 

kg). (WFuelBurned = Wfuel) End the test run when 

the scale has indicated a test fuel charge 

weight of 0.0 lb (0.0 kg) or less for 30 

seconds. 

For the Category I and II ‘‘cold-to-cold’’ test 

runs, the test run is completed; and the end 

of a test is defined at the first occurrence of 

any one of the following: 

(a) The remaining weight of the test fuel 

charge is less than 1 percent of the total test 

fuel weight (WFuelBurned > 0.99 · Wfuel); 

(b) The automatic control system on the 

boiler/heater switches to an off mode. In this 

case, the boiler/heater fan (if used) is 

typically stopped and all air flow dampers 

are closed by the control system. Note that 

this off mode cannot be an ‘‘overheat’’ or 

emergency shutdown which typically 

requires a manual reset; or 

(c) If the boiler/heater does not have an 

automatic off mode: After 90 percent of the 

fuel load has been consumed and the scale 

has indicated a rate of change of the test fuel 

charge of less than 1.0 lb/hr for a period of 

10 minutes or longer. Note—this is not 

considered ‘‘stopped fuel combustion,’’ See 

section 12.5.6.1. 

12.5.3.1 At the end of the test run, stop 

the particulate sampling train and overall 

efficiency (SLM) measurements, and record 

the run time, and all final measurement 

values. 

12.5.3.2 At the end of the test run, 

continue to operate the storage tank 

destratification pump until the total volume 

pumped exceeds 1.5 times the tank volume. 

The maximum average of the top and bottom 

temperatures measured after this time may be 

taken as the average tank temperature at the 

end of the tests (TFSavg, See section 13.1). 

The total volume pumped may be based on 

the nominal flow rate of the destratification 

pump (See section 9.6). 

12.5.3.3 For the Category I and II test 

runs, there is a need to determine the energy 

content of the unburned fuel remaining in 

the chamber if the remaining mass in the 

chamber is greater than 1 percent of the test 

fuel weight. Following the completion of the 

test, as soon as safely practical, this 

remaining fuel is removed from the chamber, 

separated from the remaining ash and 

weighed. This separation could be 

implemented with a slotted ‘‘scoop’’ or 

similar tool. A 1⁄4 inch opening size in the 

separation tool shall be used to separate the 

ash and charcoal. This separated char is 

assigned a heating value of 12,500 Btu/lb. 

12.5.4 Heat Output Capacity Validation. 

The first test run must produce a heat output 

rate that is within 10 percent of the 

manufacturer’s rated heat output capacity 

(Category IV) throughout the test run and an 

average heat output rate within 5 percent of 

the manufacturer’s rated heat output 

capacity. If the appliance is not capable of 

producing a heat output within these limits, 

the manufacturer’s rated heat output capacity 

is considered not validated and testing is to 

be terminated. In such cases, the tests may 

be restarted using a lower heat output 

capacity if requested by the manufacturer. 

Alternatively, during the Category IV run, if 

the rated output cannot be maintained for a 

15 minute interval, the manufacturer may 

elect to reduce the rated output to match the 

test and complete the Category IV run on this 

basis. The target outputs for Categories I, II, 

and III shall then be recalculated based on 

this change in rated output capacity. 

12.5.5 Additional Test Runs. Using the 

manufacturer’s rated heat output capacity as 

a basis, conduct a test for additional heat 

output categories as specified in section 4.3. 

It is not required to run these tests in any 

particular order. 

12.5.6 Alternative Heat Output Rate for 

Category I. If an appliance cannot be operated 

in the Category I heat output range due to 

stopped combustion, two test runs shall be 

conducted at heat output rates within 

Category II. When this is the case, the 

weightings for the weighted averages 

indicated in section 14.1.15 shall be the 

average of the Category I and II weighting’s 

and shall be applied to both Category II 

results. Appliances that are not capable of 

operation within Category II (<25 percent of 

maximum) cannot be evaluated by this test 

method. 

12.5.6.1 Stopped Fuel Combustion. 

Evidence that an appliance cannot be 

operated at a Category I heat output rate due 

to stopped fuel combustion shall include 

documentation of two or more attempts to 

operate the appliance in heat output rate 

Category I and fuel combustion has stopped 

prior to complete consumption of the test 

fuel charge. Stopped fuel combustion is 

evidenced when an elapsed time of 60 

minutes or more has occurred without a 

measurable (1 lb or 0.5 kg) weight change in 

the test fuel charge while the appliance 

operating control is in the demand mode. 

Report the evidence and the reasoning used 

to determine that a test in heat output rate 

Category I cannot be achieved. For example, 

two unsuccessful attempts to operate at an 

output rate of 10 percent of the rated output 

capacity are not sufficient evidence that heat 

output rate Category I cannot be achieved. 

12.5.7 Appliance Overheating. 

Appliances with their associated thermal 

storage shall be capable of operating in all 

heat output categories without overheating to 

be rated by this test method. Appliance 

overheating occurs when the rate of heat 

withdrawal from the appliance is lower than 

the rate of heat production when the unit 

control is in the idle mode. This condition 

results in the water in the appliance 

continuing to increase in temperature well 

above the upper limit setting of the operating 

control. Evidence of overheating includes: 1 

hour or more of appliance water temperature 

increase above the upper temperature setpoint of the operating control, exceeding the 

temperature limit of a safety control device 

(independent from the operating control— 

typically requires manual reset), boiling 

water in a non-pressurized system or 

activation of a pressure or temperature relief 

valve in a pressurized system. 

12.5.8 Option to Eliminate Tests in 

Category II and III. Following successful 

completion of a test run in Category I, the 

manufacturer may eliminate the Category II 

and III tests. For the purpose of calculating 

the annual averages for particulates and 

efficiency, the values obtained in the 

Category I run shall be assumed to apply also 

to Category II and Category III. It is 

envisioned that this option would be 

applicable to systems which have sufficient 

thermal storage such that the fuel load in the 

Category I test can be completely consumed 

without the system reaching its upper 

operating temperature limit. In this case, the 

boiler/heater would likely be operating at 

maximum thermal output during the entire 

test and this output rate may be higher than 

the manufacturer’s rated heat output 

capacity. The Category II and III runs would 

then be the same as the Category I run. It may 

be assumed that the particulate emission 

values and efficiency values determined in 

the startup, steady-state, and end phases of 

Category I are applicable in Categories II and 

III, for the purpose of determining the annual 

averages in lb/mmBtu and g/MJ (See section 

13). For the annual average in g/hr, the length 

of time for stored heat to be drawn from 

thermal storage shall be determined for the 

test load requirements of the respective 

category. 

12.5.9 Modification to Measurement 

Procedure in EPA Method 28WHH to 

Determine Emissions Separately During the 

Startup, Steady-State and End Phases. With 

one of the two particulate sampling trains 

used, filter changes shall be made at the end 

of the startup phase and the steady-state 

phase (See section 3.0). This shall be done to 

determine the particulate emission rate and 

particulate emission index for the startup, 

steady-state, and end phases individually. 

For this one train, the particulates measured 

during each of these three phases shall be 

added together to also determine the 

particulate emissions for the whole run. 

12.5.10 Modification to Measurement 

Procedure in EPA Method 28WHH and the 

Standards Referenced therein on Averaging 

Period for Determination of Efficiency by the 

Stack Loss Method. The methods currently 

defined in Method 28WHH allow averaging 

over 10-minute time periods for flue gas 

temperature, flue gas CO2, and flue gas CO 

for the determination of the efficiency with 

the stack loss method. However, under some 

cycling conditions the ‘‘on’’ period may be 

short relative to this 10-minute period. For 

this reason, during cycling operation the 

averaging period for these parameters may 

not be longer than the burner on period 

divided by 10. The averaging period need not 

be shorter than one minute. During the off 

period, under cycling operation, averaging 

periods as specified in EPA Method 28WHH 

and the standards referenced therein, may be 

used. Where short averaging times are used, 

however, the averaging period for fuel 

consumption may still be at 10 minutes. This 

average wood consumption rate shall be 

applied to all of the smaller time intervals 

included. 

12.6 Additional Test Runs. The testing 

laboratory may conduct more than one test 

run in each of the heat output categories 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13743 

specified in section 4.3. If more than one test 

run is conducted at a specified heat output 

rate, the results from at least two-thirds of the 

test runs in that heat output rate category 

shall be used in calculating the weighted 

average emission rate. The measurement data 

and results of all test runs shall be reported 

regardless of which values are used in 

calculating the weighted average emission 

rate. 

13.0 Calculation of Results 

13.1 Nomenclature 

COs—Carbon monoxide measured in the 

dilution tunnel at arbitrary time in ppm 

dry basis. 

COg/min—Carbon monoxide emission rate in 

g/min. 

COT—Total carbon monoxide emission for 

the full test run in grams. 

CO_1—Startup period carbon monoxide 

emissions in grams. 

CO_2—Steady-state period carbon monoxide 

emission in grams. 

CO_3—End period carbon monoxide 

emission in grams. 

ET—Total particulate emissions for the full 

test run as determined per EPA Method 

28WHH and the standards referenced 

therein in grams. 

E1—Startup period particulate emissions in 

grams. 

E2—Steady-state period particulate emissions 

in grams. 

E3—End period particulate emissions in 

grams. 

E1_g/kg—Startup period particulate emission 

index in grams per kg fuel. 

E2_g/kg—Steady-state period particulate 

emission index in grams per kg fuel. 

E3_g/kg—End period particulate emission 

index in grams per kg fuel. 

E1_g/hr—Startup period particulate emission 

rate in grams per hour. 

E2_g/hr—Steady-state period particulate 

emission rate in grams per hour. 

E3_g/hr—End period particulate emission rate 

in grams per hour. 

Eg/MJ—Emission rate in grams per MJ of heat 

output. 

Elb/mmBtu output—Emissions rate in pounds per 

million Btu of heat output. 

Eg/kg—Emissions factor in grams per kilogram 

of dry fuel burned. 

Eg/hr—Emission factor in grams per hour. 

HHV—Higher heating value of fuel = 8600 

Btu/lb (19.990 MJ/kg). 

LHV—Lower heating value of fuel = 7988 

Btu/lb (18.567 MJ/kg). 

DT—Temperature difference between cooling 

water entering and exiting the heat 

exchanger. 

Qout—Total heat output in Btu (MJ). 

Qin—Total heat input available in test fuel 

charge in Btu’s (MJ). 

Qstd—Volumetric flow rate in dilution tunnel 

in dscfm. 

M—Mass flow rate of water in lb/min (kg/

min). 

Vi—Volume of water indicated by a totalizing 

flow meter at the ith reading in gallons 

(liters). 

Vf—Volumetric flow rate of water in heat 

exchange system in gallons per minute 

(liters/min). 

Q—Total length of burn period in hours (Q1+ 

Q2+ Q3). 

Q1—Length of time of the startup period in 

hours. 

Q2—Length of time of the steady-state period 

in hours. 

Q3—Length of time of the end period in 

hours. 

Q4—Length of time for stored heat to be used 

following a burn period in hours. 

ti—Data sampling interval in minutes. 

hdel—Delivered heating efficiency in percent. 

Fi—Weighting factor for heat output category 

i. (See Table 2.) 

T1—Temperature of water at the inlet on the 

supply side of the heat exchanger, °F. 

T2—Temperature of the water at the outlet 

on the supply side of the heat exchanger, 

°F. 

T3—Temperature of cooling water at the inlet 

to the load side of the heat exchanger, °F. 

T4—Temperature of cooling water at the 

outlet of the load side of the heat 

exchanger, °F. 

T5—Temperature of the hot water supply as 

it leaves the boiler/heater, °F. 

T6—Temperature of return water as it enters 

the boiler/heater, °F. 

T7—Temperature in the boiler/heater 

optional destratification loop at the top 

of the boiler/heater, °F. 

T8—Temperature in the boiler/heater 

optional destratification loop at the 

bottom of the boiler/heater, °F. 

TIavg—Average temperature of the appliance 

and water at start of the test. 

TFavg—Average temperature of the appliance 

and water at the end of the test. 

TIS1—Temperature at the inlet to the storage 

system at the start of the test. 

TIS2—Temperature at the outlet from the 

storage system at the start of the test. 

TFS1—Temperature at the inlet to the storage 

system at the end of the test. 

TFS2—Temperature at the outlet from the 

storage system at the end of the test. 

TISavg—Average temperature of the storage 

system at the start of the test. 

TFSavg—Average temperature of the storage 

system at the end of the test. 

MC—Fuel moisture content in percent dry 

basis. 

s—Density of water in pounds per gallon. 

sInitial—Density of water in the boiler/heater 

system at the start of the test in pounds 

per gallons. 

sboiler/heater—Density of water in the boiler/

heater system at an arbitrary time during 

the test in pounds per gallon. 

Cp—Specific heat of water in Btu/lb, °F. 

Csteel—Specific heat of steel (0.1 Btu/lb, °F). 

Vboiler/heater—total volume of water in the 

boiler/heater system on the weight scale 

in gallons. 

Wfuel—Fuel charge weight, as-fired or ‘‘wet’’, 

in pounds (kg). 

Wfuel_1—Fuel consumed during the startup 

period in pounds (kg). 

Wfuel_2—Fuel consumed during the steady 

state period in pounds (kg). 

Wfuel_3—Fuel consumed during the end 

period in pounds (kg). 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.032</GPH> ER16MR15.033</GPH> ER16MR15.034</GPH> ER16MR15.035</GPH>
13744 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

WFuelBurned—Weight of fuel that has been 

burned from the start of the test to an 

arbitrary time, including the needed 

correction for the change in density and 

weight of the water in the boiler/heater 

system on the scale in pounds (kg). 

WRemainingFuel—Weight of unburned fuel 

separated from the ash at the end of a 

test. Useful only for Category I and 

Category II tests. 

Wapp—Weight of empty appliance in pounds 

(kg). 

Wwat—Weight of water in supply side of the 

system in pounds (kg). 

WScaleInitial—Weight reading on the scale at 

the start of the test, just after the test load 

has been added in pounds (kg). 

WScale—Reading of the weight scale at an 

arbitrary time during the test run in 

pounds (kg). 

WStorageTank—Weight of the storage tank 

empty in pounds (kg). 

WWaterStorage—Weight of the water in the 

storage tank at TISavg in pounds (kg). 

13.2 After the test is completed, 

determine the particulate emissions ET in 

accordance with EPA Method 28WHH and 

the standards referenced therein. 

13.3 Determination of the weight of fuel 

that has been burned at an arbitrary time. 

For the purpose of tracking the 

consumption of the test fuel load during a 

test run the following may be used to 

calculate the weight of fuel that burned since 

the start of the test: 

Water density, s, is calculated using 

Equation 12. 

13.4 Determine Average Fuel Load Moisture 

Content. 

13.5 Determine Heat Input. 

13.5.1 Correction to Qin for the Category 

I and II tests, where there is greater than 1 

percent of the test fuel charge in the chamber 

at the end of the test period. 

13.6 Determine Heat Output, Efficiency, 

and Emissions. 

13.6.1 Determine heat output as: 

Qout = S [Heat output determined for each 

sampling time interval] + Change in heat 

stored in the appliance + Change in heat in 

storage tank. 

Note: The subscript (i) indicates the 

parameter value for sampling time interval ti. 

Mi = Mass flow rate = gal/min × density of 

water (lb/gal) = lb/min. 

Csteel = 0.1 Btu/lb, -° F. 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.036</GPH> ER16MR15.037</GPH> ER16MR15.038</GPH> ER16MR15.044</GPH> ER16MR15.039</GPH> ER16MR15.040</GPH> ER16MR15.041</GPH>
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13745 

Note: Vi is the total water volume at the 

end of interval i and Vi-1 is the total water 

volume at the beginning of the time interval. 

This calculation is necessary when a 

totalizing type water meter is used. 

13.6.2 Determine Heat Output Rate Over 

Burn Period (Q1 + Q2 + Q3) as: 

13.6.3 Determine Emission Rates and 

Emission Factors as: 

If thermal storage is not used in a Category 

III or IV run, then Q4 = 0. 

E1_g/kg = E1/(Wfuel_1/(1 + MC/100)), g/dry 

kg. 

E2_g/kg = E2/(Wfuel_2/(1 + MC/100)), g/dry 

kg. 

E3_g/kg = E3/(Wfuel_3/(1 + MC/100)), g/dry 

kg. 

E1_g/hr = E1/Q1, g/hr. 

E2_g/hr = E2/Q2, g/hr. 

E3_g/hr = E3/Q3, g/hr. 

13.6.4 Determine delivered efficiency as: 

13.6.5 Determine hSLM—Overall 

Efficiency, also known as Stack Loss 

Efficiency, using stack loss method (SLM). 

For determination of the average overall 

thermal efficiency (hSLM) for the test run, use 

the data collected over the full test run and 

the calculations in accordance with CSA 

B415.1–10 (IBR, see § 60.17), clause 13.7 

except for 13.7.2(e), (f), (g), and (h), use the 

following average fuel properties for oak: %C 

= 50.0, %H = 6.6, %O = 43.2, %Ash = 0.2. 

13.6.5.1 Whenever the CSA B415.1–10 

(IBR, see § 60.17) overall efficiency is found 

to be lower than the overall efficiency based 

on load side measurements, as determined by 

Eq. 22 of this method, section 14.1.7 of the 

test report must include a discussion of the 

reasons for this result. For a test where the 

CSA B415.1–10 overall efficiency SLM is less 

than 2 percentage points lower than the 

overall efficiency based on load side 

measurements, the efficiency based on load 

side measurements shall be considered 

invalid. [Note on the rationale for the 2 

percentage points limit. The SLM method 

does not include boiler/heater jacket losses 

and, for this reason, should provide an 

efficiency which is actually higher than the 

efficiency based on the energy input and 

output measurements or ‘‘delivered 

efficiency.’’ A delivered efficiency that is 

higher than the efficiency based on the SLM 

could be considered suspect. A delivered 

efficiency greater than 2 percentage points 

higher than the efficiency based on the SLM, 

then, clearly indicates a measurement error.] 

13.6.6 Carbon Monoxide Emissions 

For each minute of the test period, the 

carbon monoxide emission rate shall be 

calculated as: 

Total CO emissions for each of the three 

test periods (CO_1, CO_2, CO_3) shall be 

calculated as the sum of the emission rates 

for each of the 1-minute intervals. Total CO 

emission for the test run, COT, shall be 

calculated as the sum of CO_1, CO_2, and 

CO_3. 

13.7 Weighted Average Emissions and 

Efficiency. 

13.7.1 Determine the weighted average 

emission rate and delivered efficiency from 

the individual tests in the specified heat 

output categories. The weighting factors (Fi) 

are derived from an analysis of ASHRAE bin 

data which provides details of normal 

building heating requirements in terms of 

percent of design capacity and time in a 

particular capacity range—or ‘‘bin’’—over the 

course of a heating season. The values used 

in this method represent an average of data 

from several cities located in the northern 

United States. 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.042</GPH> ER16MR15.043</GPH> ER16MR15.014</GPH> ER16MR15.015</GPH> ER16MR15.016</GPH>
13746 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

If, as discussed in section 12.5.8, the 

option to eliminate tests in Category II and 

III is elected, the values of efficiency and 

particulate emission rate as measured in 

Category I, shall be assigned also to Category 

II and III for the purpose of determining the 

annual averages. 

14.0 Report 

14.1.1 The report shall include the 

following: 

14.1.2 Name and location of the 

laboratory conducting the test. 

14.1.3 A description of the appliance 

tested and its condition, date of receipt and 

dates of tests. 

14.1.4 A description of the minimum 

amount of external thermal storage that is 

required for use with this system. This shall 

be specified both in terms of volume in 

gallons and stored energy content in Btu with 

a storage temperature ranging from 125 °F to 

the manufacturer’s specified setpoint 

temperature. 

14.1.5. A statement that the test results 

apply only to the specific appliance tested. 

14.1.6 A statement that the test report 

shall not be reproduced except in full, 

without the written approval of the 

laboratory. 

14.1.7 A description of the test 

procedures and test equipment including a 

schematic or other drawing showing the 

location of all required test equipment. Also, 

a description of test fuel sourcing, handling 

and storage practices shall be included. 

14.1.8 Details of deviations from, 

additions to or exclusions from the test 

method, and their data quality implications 

on the test results (if any), as well as 

information on specific test conditions, such 

as environmental conditions. 

14.1.9 A list of participants and their 

roles and observers present for the tests. 

14.1.10 Data and drawings indicating the 

fire box size and location of the fuel charge. 

14.1.11 Drawings and calculations used 

to determine firebox volume. 

14.1.12 Information for each test run fuel 

charge including piece size, moisture content 

and weight. 

14.1.13 All required data and applicable 

blanks for each test run shall be provided in 

spreadsheet format both in the printed report 

and in a computer file such that the data can 

be easily analyzed and calculations easily 

verified. Formulas used for all calculations 

shall be accessible for review. 

14.1.14 For each test run, Q1,Q2, Q3, the 

total CO and particulate emission for each of 

these three periods, and Q4. 

14.1.15 Calculated results for delivered 

efficiency at each heat output rate and the 

weighted average emissions reported as total 

emissions in grams, pounds per mm Btu of 

delivered heat, grams per MJ of delivered 

heat, grams per kilogram of dry fuel and 

grams per hour. Results shall be reported for 

each heat output category and the weighted 

average. 

14.1.16 Tables 1A, 1B, 1C, 1D, 1E and 

Table 2 must be used for presentation of 

results in test reports. 

14.1.17 A statement of the estimated 

uncertainty of measurement of the emissions 

and efficiency test results. 

14.1.18 A plot of CO emission rate in 

grams/minute vs. time, based on 1 minute 

averages, for the entire test period, for each 

run. 

14.1.19 A plot of estimated boiler/heater 

energy release rate in Btu/hr based on 10 

minute averages, for the entire test period, for 

each run. This will be calculated from the 

fuel used, the wood heating value and 

moisture content, and the SLM efficiency 

during each 10 minute period. 

14.1.20 Raw data, calibration records, and 

other relevant documentation shall be 

retained by the laboratory for a minimum of 

7 years. 

15.0 Precision and Bias 

15.1 Precision—It is not possible to 

specify the precision of the procedure in this 

test method because the appliance operation 

and fueling protocols and the appliances 

themselves produce variable amounts of 

emissions and cannot be used to determine 

reproducibility or repeatability of this test 

method. 

15.2 Bias—No definitive information can 

be presented on the bias of the procedure in 

this test method for measuring solid fuel 

burning hydronic heater emissions because 

no material having an accepted reference 

value is available. 

16.0 Keywords 

16.1 Solid fuel, hydronic heating 

appliances, wood-burning hydronic heaters, 

partial thermal storage. 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13747 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.017</GPH>

Table lA. Data Summary Part A 

8 Wfuel MCave Qin Qout 

Wood 

Run Load% Target Actual Actual Test Weight Wood Heat Heat 

Category No Capacity Load Load Load Duration as-fired Moisture Input Output 

Btu/hr Btu/ Btu/ %of 

hr hr max hrs lb %DB Btu Btu 

< 15% of 

I max 

16-24% of 

II max 

25-50% of 

III max 

Max 

IV capacity 

Table lB. Data Summary Part B 

T2 

Min ET E E Eglhr Eg!kg 'lldel HsLM 

Min Stack 

Return PM PM 

Run Load% Water Total PM Output Output PM PM Delivered Loss 

Category No Capacity Temp. Emissions Based Based Rate Factor Efficiency Efficiency 

lb/mm 

op g Btu Out g/MJ g!hr g!kg % % 

I < 15% of 

max 

II 16-24% 

of max 

III 25-50% 

of max 

IV Max 

capacity 
13748 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.018</GPH>

Table lC. Data Summary Part C 

E>l E>z E>3 co_! CO_z co_3 COT 

Steady Startup Steady 

Run Load% Startup State End co State CO End CO Total CO 

Category No Capacity Time. Time Time emission emission emission emission 

min min min g g g g 

I < 15% of 

max 

II 16-24% of 

max 

III 25-50% of 

max 

IV Max 

capacity 

Table lD. Data Summary Part D 

E1 Ez E3 E1_g/kg Ez_g/kg E3_g/kg 

Steady 

Startup State PM 

PM emission End PM 

Run Load% Startup Steady emission emission 

Category No Capacity PM State PM End PM index index index 

g g g g!kg fuel g/kg fuel g/kg fuel 

I < 15% of 

max 

II 16-24% of 

max 

III 25-50% of 

max 

IV Max 

capacity 
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13749 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.019</GPH>

Table lE: Label Summary Information 

MANUFACTURER: 

MODEL NUMBER: 

ANNUAL EFFICIENCY RATING: TJavg (Using higher heating value) 

PARTICLE EMISSIONS: Eavg grams!hr (Average) 

lbs/mmBtu!hr Output 

Table 2. Annual Weighting 

Category Weighting lJdel,i X F; Eg1MJ,ix F; Eglkg,iX F; Elb/mmBtu Out,i X F i Eg!br,iX F; Factor (F;) 

I 0.437 

II 0.238 

III 0.275 

IV 0.050 

Totals 1.000 
13750 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.020</GPH>

Figure 1. Schematic of Equipment Test Setup 

Note: 

Dbutrated 111pplimee puntp loeatf011 

and Dow path through the applimee 

are1m.eric and lllB1 VDI')'" hued 011 

the unit beln& tested. 

Optimal 

D 

t Water Storace 

T1111k 

RedrculatfCIIIl/ Return Temperature 

Control if'Jnduded with Product 

Pre- and Post- Test 

tDestratificatian Pump 

GW :lll:f12113 
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13751 

■ 7. Appendix I to Part 60 is revised to 

read as follows: 

Appendix I to Part 60—Owner’s 

Manuals and Temporary Labels for 

Wood Heaters Subject to Subparts AAA 

and QQQQ of Part 60 

1. Introduction 

The purpose of this appendix is to provide 

specific instructions and examples to 

manufacturers for compliance with the 

owner’s manual provisions of subparts AAA 

and QQQQ of this part. 

2. Instructions for Preparation of Wood 

Heater Owner’s Manuals 

2.1 Introduction 

Although the owner’s manuals do not 

require premarket approval, EPA will 

monitor the contents to ensure that sufficient 

information is included to provide heater 

proper operation and maintenance 

information affecting emissions to 

consumers. The manufacturer must make 

current and historical owner’s manuals 

available on the company Web site and upon 

request to the EPA. The purpose of this 

section is to provide instructions to 

manufacturers for compliance with the 

owner’s manual provisions of § 60.536(g) of 

subpart AAA that applies to wood heaters 

and § 60.5478(f) of subpart QQQQ that 

applies to hydronic heaters and forced-air 

furnaces. A checklist of topics and 

illustrative language is provided as 

instructions. Owner’s manuals should be 

tailored to specific wood heater models, as 

appropriate. 

2.2 Topics Required To Be Addressed in 

Owner’s Manual 

(a) Wood heater description and 

compliance status; 

(b) Tamper warnings; 

(c) Overall heater warranty information 

and catalyst information and warranty (if 

catalyst-equipped); 

(d) Fuel selection; 

(e) Achieving and maintaining catalyst 

light-off (if catalyst-equipped); 

(f) Catalyst monitoring (if catalystequipped); 

(g) Troubleshooting catalytic-equipped 

heaters (if catalyst-equipped); 

(h) Catalyst replacement (if catalystequipped); 

(i) Wood heater proper operation and 

maintenance, including minimizing visible 

emissions; 

(j) Wood heater proper installation, 

including location, stack height and 

achieving proper draft; 

(k) Use of smoke detectors and carbon 

monoxide monitors; and 

(l) Efficiency. 

2.3 Sample Text/Descriptions 

(a) The following are example texts and/or 

further descriptions illustrating the topics 

identified above. Although the regulation 

requires manufacturers to address (where 

applicable) the 10 topics identified above, the 

exact language is not specified. Manuals 

should be written specific to the model and 

design of the wood heater. The following 

instructions are composed of generic 

descriptions and texts. 

(b) If manufacturers choose to use the 

language provided in the example, the 

portion in italics should be revised as 

appropriate. Any manufacturer electing to 

use the EPA example language will be 

considered to be in compliance with owner’s 

manual requirements provided that the 

particular language is printed in full with 

only such changes as are necessary to ensure 

accuracy. 

Example language is not provided for 

certain topics, since these areas are generally 

heater specific. For these topics, 

manufacturers should develop text that is 

specific to the proper operation and 

maintenance of their particular products. 

2.3.1 Wood Heater Description and 

Compliance Status 

Owner’s manuals must include: 

(a) Manufacturer and model; 

(b) Compliance status (2015 standard, 2016 

standard, 2017 standard, 2020 standard, crib 

wood standard or cord wood alternative 

standard, last allowable sell date, etc.); and 

(c) Heat output range. 


mstockstill on DSK4VPTVN1PROD with RULES2ER16MR15.021</GPH>
13752 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

Exhibit 1—Example Text covering 2.3.1(a), 

(b), and (c) of this appendix: 

‘‘This manual describes the installation 

and operation of the Brand X, Model 0 

catalytic equipped wood heater. This heater 

meets the 2015 U.S. Environmental 

Protection Agency’s crib wood emission 

limits for wood heaters sold after May 15, 

2015. Under specific test conditions this 

heater has been shown to deliver heat at rates 

ranging from 8,000 to 35,000 Btu/hr.’’ 

2.3.2 Tamper Warnings 

(a) The following statement must be 

included in the owner’s manual for all units: 

‘‘This wood heater has a manufacturer-set 

minimum low burn rate that must not be 

altered. It is against federal regulations to 

alter this setting or otherwise operate this 

wood heater in a manner inconsistent with 

operating instructions in this manual.’’ 

(b) The following statement must be 

included in the owner’s manual for catalystequipped units: 

‘‘This wood heater contains a catalytic 

combustor, which needs periodic inspection 

and replacement for proper operation. It is 

against federal regulations to operate this 

wood heater in a manner inconsistent with 

operating instructions in this manual, or if 

the catalytic element is deactivated or 

removed.’’ 

2.3.3 Overall Heater Warranty Information 

and Catalyst Information and Warranty (if 

catalyst-equipped) 

The following information must be 

included with or supplied in the owner’s and 

warranty manuals: 

(a) Manufacturer and model, including 

catalyst if catalyst-equipped; 

(b) Warranty details, including catalyst if 

catalyst-equipped; and 

(c) Instructions for warranty claims. 

Exhibit 2—Example Text covering 2.3.3(a), 

(b), and (c) of this appendix for catalysts: 

‘‘The combustor supplied with this heater 

is a Brand Z, Long Life Combustor. Consult 

the catalytic combustor warranty also 

supplied with this wood heater. Warranty 

claims should be addressed to: 

Stove or Catalyst Manufacturer llllll

Address llllllllllllllll

Phone #llllllllllllll’’ 

2.3.3.1 This section should also provide 

clear instructions on how to exercise the 

warranty (how to package parts for return 

shipment, etc.). 

2.3.4 Fuel Selection 

Owner’s manuals must include: 

(a) Instructions on acceptable fuels; 

(b) Warning against inappropriate fuels; 

and 

(c) How to determine seasoned wood 

compared to unseasoned wood, how to use 

moisture meters and other techniques and 

the importance of seasoned wood. 

Exhibit 3—Example Text covering 2.3.4(a) 

and (b) of this appendix: 

‘‘This heater is designed to burn natural 

wood only. Higher efficiencies and lower 

emissions generally result when burning air 

dried seasoned hardwoods, as compared to 

softwoods or to green or freshly cut 

hardwoods. DO NOT BURN: 

(1) Garbage; 

(2) Lawn clippings or yard waste; 

(3) Materials containing rubber, including 

tires; 

(4) Materials containing plastic; 

(5) Waste petroleum products, paints or 

paint thinners, or asphalt products; 

(6) Materials containing asbestos; 

(7) Construction or demolition debris; 

(8) Railroad ties or pressure-treated wood; 

(9) Manure or animal remains; 

(10) Salt water driftwood or other 

previously salt water saturated materials; 

(11) Unseasoned wood; or 

(12) Paper products, cardboard, plywood, 

or particleboard. The prohibition against 

burning these materials does not prohibit the 

use of fire starters made from paper, 

cardboard, saw dust, wax and similar 

substances for the purpose of starting a fire 

in an affected wood heater. 

Burning these materials may result in 

release of toxic fumes or render the heater 

ineffective and cause smoke.’’ 

2.3.5 Achieving and Maintaining Catalyst 

Light-Off 

Owner’s manuals must describe in detail 

proper procedures for: 

(a) Operation of catalyst bypass (stove 

specific); 

(b) Achieving catalyst light-off from a cold 

start; and 

(c) Achieving catalyst light-off when 

refueling. 

2.3.5.1 No example text is supplied for 

describing operation of catalyst bypass 

mechanisms (Item 2.3.5(a) of this appendix) 

since these are typically stove-specific. 

Manufacturers must provide instructions 

specific to their model describing: 

(1) Bypass position during startup; 

(2) Bypass position during normal 

operation; and 

(3) Bypass position during reloading. 

Exhibit 4—Example Text for Item 2.3.5(b) 

of this appendix: 

‘‘The temperature in the stove and the 

gases entering the combustor must be raised 

to between 500° to 700 °F for catalytic 

activity to be initiated. During the startup of 

a cold stove, a medium to high firing rate 

must be maintained for about 20 minutes. 

This ensures that the stove, catalyst, and fuel 

are all stabilized at proper operating 

temperatures. Even though it is possible to 

have gas temperatures reach 600 °F within 2 

to 3 minutes after a fire is started, if the fire 

is allowed to die down immediately, it may 

go out or the combustor may stop working. 

Once the combustor starts working, heat 

generated in it by burning the smoke will 

keep it working.’’ 

Exhibit 5—Example Text for Item 2.3.5(c) 

of this appendix: 

‘‘REFUELING: During the refueling and 

rekindling of a cool fire, or a fire that has 

burned down to the charcoal phase, operate 

the stove at a medium to high firing rate for 

about 10 minutes to ensure that the catalyst 

reaches approximately 600 °F.’’ 

2.3.6 Catalyst Monitoring 

Owner’s manuals must include: 

(a) Recommendation to visually inspect 

combustor at least three times during the 

heating season; 

(b) Discussion on expected combustor 

temperatures for monitor-equipped units; 

and 

(c) Suggested monitoring and inspection 

techniques and importance of ensuring 

catalyst is operating properly. 

Exhibit 6—Example Text covering 2.3.6(a), 

(b) and (c) of this appendix: 

‘‘It is important to periodically monitor the 

operation of the catalytic combustor to 

ensure that it is functioning properly and to 

determine when it needs to be replaced. A 

non-functioning combustor will result in a 

loss of heating efficiency, and an increase in 

creosote and emissions. Following is a list of 

items that should be checked on a periodic 

basis: 

• Combustors should be visually inspected 

at least three times during the heating season 

to determine if physical degradation has 

occurred. Actual removal of the combustor is 

not recommended unless more detailed 

inspection is warranted because of decreased 

performance. If any of these conditions 

exists, refer to Catalyst Troubleshooting 

section of this owner’s manual. 

• This catalytic (or hybrid) heater is 

equipped with a temperature probe to 

monitor catalyst operation. Properly 

functioning combustors typically maintain 

temperatures in excess of 500 °F, and often 

reach temperatures in excess of 1,000 °F. If 

catalyst temperatures are not in excess of 500 

°F, refer to Catalyst Troubleshooting section 

of this owner’s manual. 

• You can get an indication of whether the 

catalyst is working by comparing the amount 

of smoke leaving the chimney when the 

smoke is going through the combustor and 

catalyst light-off has been achieved, to the 

amount of smoke leaving the chimney when 

the smoke is not routed through the 

combustor (bypass mode). 

Step 1—Light stove in accordance with 

instructions in section 3.3.5. 

Step 2—With smoke routed through the 

catalyst, go outside and observe the 

emissions leaving the chimney. 

Step 3—Engage the bypass mechanism and 

again observe the emissions leaving the 

chimney. 

Significantly more smoke will be seen 

when the exhaust is not routed through the 

combustor (bypass mode).’’ 

2.3.7 Catalyst Troubleshooting 

The owner’s manual must provide clear 

descriptions of symptoms and remedies to 

common combustor problems and 

importance. It is recommended that 

photographs of catalyst peeling, plugging, 

thermal cracking, mechanical cracking, and 

masking be included in the manual to aid the 

consumer in identifying problems and to 

provide direction for corrective action. 

2.3.8 Catalyst Replacement 

The owner’s manual must provide clear 

step-by-step instructions on how to remove 

and replace the catalytic combustor. The 

section should include diagrams and/or 

photographs. 

2.3.9 Wood Heater Proper Operation and 

Maintenance 

The owner’s manual must provide clear 

descriptions of symptoms and remedies to 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13753 

common heater problems and importance. 

The owner’s manual information must be 

adequate to enable consumers to achieve 

optimal emissions performance. Such 

information must be consistent with the 

operating instructions provided by the 

manufacturer to the approved test laboratory 

for operating the wood heater during 

certification testing, except for details of the 

certification test that would not be relevant 

to the user. 

Owner’s manual must include: 

(a) Recommendations about building and 

maintaining a fire, especially for cold starts 

and the effectiveness of the top-down 

approach for starting fires; 

(b) Instruction on proper use of air 

controls, including how to establish good 

combustion and how to ensure good 

combustion at the lowest burn rate for which 

the heater is warranted; 

(c) Ash removal and disposal; 

(d) Instruction replacement of gaskets, air 

tubes and other parts that are critical to the 

emissions performance of the unit, and other 

maintenance and repair instructions; 

(e) Warning against overfiring; and 

(f) Suggested monitoring and inspection 

techniques and importance of ensuring 

heater is operating properly, including 

ensuring visible emissions are minimized. 

2.3.9.1 No example text is supplied for 

2.3.9(a), (b), (d) and (f) of this appendix since 

these items are model specific. 

Manufacturers should provide detailed 

instructions on building and maintaining a 

fire including selection of fuel pieces, fuel 

quantity and stacking arrangement. 

Manufacturers should also provide 

instruction on proper air settings (both 

primary and secondary) for attaining 

minimum and maximum heat outputs and 

any special instructions for operating 

thermostatic controls. Step-by-step 

instructions on inspection and replacement 

of gaskets should also be included. 

Manufacturers should provide diagrams and/ 

or photographs to assist the consumer. Gasket 

type and size should be specified. 

Exhibit 7—Example Text for Item 2.3.9(c) 

of this appendix: 

‘‘Whenever ashes get 3 to 4 inches deep in 

your firebox or ash pan, and when the fire 

has burned down and cooled, remove excess 

ashes. Leave an ash bed approximately 1 inch 

deep on the firebox bottom to help maintain 

a hot charcoal bed.’’ 

‘‘Ashes should be placed in a metal 

container with a tight-fitting lid. The closed 

container of ashes should be placed on a 

noncombustible floor or on the ground, away 

from all combustible materials, pending final 

disposal. The ashes should be retained in the 

closed container until all cinders have 

thoroughly cooled.’’ 

Exhibit 8—Example Text covering Item 

2.3.9(e) of this appendix: 

‘‘DO NOT OVERFIRE THIS HEATER’’ 

‘‘Attempts to achieve heat output rates that 

exceed heater design specifications can result 

in permanent damage to the heater and to the 

catalytic combustor if so equipped.’’ 

2.3.10 Wood Heater Installation, Including 

Stack Height, Heater Locations and 

Achieving Proper Draft 

Owner’s manual must include: 

(a) Importance of proper draft; 

(b) Conditions indicating inadequate draft; 

(c) Conditions indicating excessive draft; 

and 

(d) Guidance on proper stack height and 

proper heater locations, i.e., not too close to 

neighbors or in valleys that would cause 

unhealthy air quality or nuisance conditions. 

2.3.10.1 No example text is supplied for 

(d) because state, local and tribal 

requirements are model and location specific. 

Exhibit 9—Example Text for Item (a): 

‘‘Draft is the force which moves air from 

the appliance up through the chimney. The 

amount of draft in your chimney depends on 

the length of the chimney, local geography, 

nearby obstructions and other factors. Too 

much draft may cause excessive temperatures 

in the appliance and may damage the 

catalytic combustor. Inadequate draft may 

cause backpuffing into the room and 

‘plugging’ of the chimney or the catalyst.’’ 

Exhibit 10—Example Text for Item (b): 

‘‘Inadequate draft will cause the appliance 

to leak smoke into the room through 

appliance and chimney connector joints.’’ 

Exhibit 11—Example Text for Item (c): 

‘‘An uncontrollable burn or excessive 

temperature indicates excessive draft.’’ 

2.3.11 Efficiency 

Owner’s manual must include: 

(a) Description of how the efficiency was 

determined, e.g., use higher heating value of 

the fuel instead of lower heating value of the 

fuel, discuss sweet spot versus annual 

average versus annual fuel usage efficiency 

(AFUE); 

(b) How operation and fuels affect 

efficiency, e.g., seasoned wood versus high 

moisture fuel; operation at sweet spot versus 

low-burn rates; and 

(c) How location affects the efficiency, e.g., 

in main living area versus basement versus 

outdoors in sub-freezing temperatures. 

2.3.12 Smoke and Carbon Monoxide 

Emissions and Monitors 

Owner’s manual must include: 

(a) Discussion of smoke and carbon 

monoxide (CO) emissions, including the CO 

data submitted in the certification 

application and expected variations for 

different operating conditions; 

(b) Recommendation to have smoke 

monitors; and 

(c) Recommendation to have monitors for 

areas that are expected to generate CO, e.g., 

heater fueling areas, pellet fuel bulk storage 

areas, sheds containing hydronic heaters. 

3. Instructions for Preparation of Wood 

Heater Temporary Labels 

3.1 Temporary labels that show the 

values for emissions, efficiency, 

recommended heating area and the 

compliance status may (voluntarily) be 

affixed by the manufacturer to wood heaters 

that meet the 2020 particulate matter 

emission standards early or that meet the 

cord wood alternative compliance options in 

subparts AAA and QQQQ of this part. 

3.2 The seller of each heater covered by 

section 3.1 may ensure that the temporary 

label remains affixed until each heater is 

purchased by the end user. 

3.3 The temporary label option for the 

2020 particulate matter emission standards 

end as of May 15, 2020. 

3.4 The template for the temporary labels 

will be supplied by the Administrator upon 

request. 

[FR Doc. 2015–03733 Filed 3–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with RULES2