[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Rules and Regulations]
[Pages 13672-13753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03733]



[[Page 13671]]

Vol. 80

Monday,

No. 50

March 16, 2015

Part II





Environmental Protection Agency





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40 CFR Part 60





Standards of Performance for New Residential Wood Heaters, New 
Residential Hydronic Heaters and Forced-Air Furnaces; Final Rule

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

[[Page 13672]]


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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.

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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 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, 
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: <a href="/cdn-cgi/l/email-protection#e6878a82948f828183c8878b87888287a6839687c8818990"><span class="__cf_email__" data-cfemail="07666b63756e63606229666a666963664762776629606871">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document:

[mu]g/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
CO<INF>2</INF> 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
NO<INF>X</INF> 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
PM<INF>2.5</INF> 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

[[Page 13673]]

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 (PM<INF>2.5</INF>), 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 
PM<INF>2.5</INF> 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

[[Page 13674]]

benefits is shown in Table 1 below. More details are in the final 
Regulatory Impact Analysis (RIA) in the docket for this rule.
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    \1\ Strategies 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.
    \2\ Air Quality and Emissions Data; Supporting Information for 
the Residential Wood Heater New Source Performance Standard, August 
14, 2013.
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    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 PM<INF>2.5</INF> 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
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                                                     Total
                                                  annualized     Monetized benefits ($    Monetized net benefits
                Type of heater                     costs ($         millions) \a b\            ($ millions)
                                                   millions)
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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
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\a\ All 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.
\b\ Total 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
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                                                          Examples of
            Category                NAICS \a\ code    regulated entities
------------------------------------------------------------------------
Residential Wood Heating........  333414--Heating     Manufacturers,
                                   Equipment (except   owners and
                                   Warm Air            operators of wood
                                   Furnaces)           heaters, pellet
                                   Manufacturing.      heaters/stoves
                                                       and hydronic
                                                       heaters.
                                  333415--Air-        Manufacturers,
                                   Conditioning and    owners and
                                   Warm Air Heating    operators of
                                   Equipment and       forced-air
                                   Commercial and      furnaces.
                                   Industrial
                                   Refrigeration
                                   Equipment
                                   Manufacturing.
Testing Laboratories............  541380--Testing     Testers of wood
                                   Laboratories        heaters, pellet
                                   (except Medical,    heaters/stoves
                                   Veterinary).        and hydronic
                                                       heaters.
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\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-wood-heaters.

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

[[Page 13675]]

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 PM<INF>2.5</INF>, 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

[[Page 13676]]

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.
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    \3\ Strategies 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.
    \4\ Air Quality and Emissions Data; Supporting Information for 
the Residential Wood Heater New Source Performance Standard, August 
14, 2013.
---------------------------------------------------------------------------

    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 non-certified 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

[[Page 13677]]

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 Sec.  60.536 and Sec.  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 fa[ccedil]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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>.\5\
---------------------------------------------------------------------------

    \5\ Memo to USEPA from EC/R, Inc. Estimated Emissions from Wood 
Heaters. January 2015.
---------------------------------------------------------------------------

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 three-step 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

[[Page 13678]]

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 PM<INF>2.5</INF>. This 
avoids the potential extra testing costs of measuring PM<INF>2.5</INF> 
specifically.

                Table 3--Subpart AAA PM Emissions Limits
------------------------------------------------------------------------
               Phases/steps                      PM emissions limit
------------------------------------------------------------------------
Step 1: Upon the effective date of final    4.5 g/hr.
 rule.
Step 2: 5 years after the effective date    2.0 g/hr.
 of the final rule.
Step 2: Cord wood alternative compliance    2.5 g/hr.
 option.
------------------------------------------------------------------------

    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 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 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 in-home 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

[[Page 13679]]

have been graded under a licensing agreement with a third-party 
organization and meet the minimum quality specifications in Sec.  
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/pfi-standards/pfi-standards-program/. Details of the ENplus program are at http://www.enplus-pellets.eu/wp-content/uploads/2012/01/ENplus-Handbook-2.0.pdf. Details 
of the CANplus program are at http://controlunion.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-IEC \6\ 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 EPA-accredited must achieve ISO-accreditation 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.
---------------------------------------------------------------------------

    \6\ The International Organization for Standardization (ISO) and 
the International Electrotechnical Commission (IEC) prepare and 
publish international standards.
---------------------------------------------------------------------------

    The EPA is requiring a ``Certifying-Body-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-Body-Based 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.
---------------------------------------------------------------------------

    \7\ Strategies 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.
---------------------------------------------------------------------------

    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

[[Page 13680]]

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 wood-fired 
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. 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.
    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 high-efficiency 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 self-tested) 
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 
forced-air 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

[[Page 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 Sec.  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 
forced-air 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 
PM<INF>2.5</INF>. This avoids the potential extra testing costs of 
measuring PM<INF>2.5</INF> specifically.

                Table 4--Subpart QQQQ PM Emissions Limits
------------------------------------------------------------------------
                                                      Particulate matter
            Appliance                    Steps         emissions limits
------------------------------------------------------------------------
Residential Hydronic Heater.....  Step 1: on or       0.32 lb/mmBtu heat
                                   after May 15,       output (weighted
                                   2015.               average) and a
                                                       cap of 18 g/hr
                                                       for each
                                                       individual test
                                                       run.
                                  Step 2: on or       0.10 lb/mmBtu heat
                                   after May 15,       output for each
                                   2020.               individual burn
                                                       rate.
                                  Step 2: cord wood   0.15 lb/mmBtu heat
                                   alternative         output for each
                                   compliance option.  individual burn
                                                       rate.
Forced-Air Furnace..............  Work practice and   No specific PM
                                   operational         limit.
                                   standards: on or
                                   after May 15,
                                   2015.
                                  Step 1 for small    0.93 lb/mmBtu heat
                                   furnaces: on or     output (weighted
                                   after May 16,       average).
                                   2016.
                                  Step 1 for large    0.93 lb/mmBtu heat
                                   furnaces: on or     output (weighted
                                   after May 15,       average).
                                   2017.
                                  Step 2 for small    0.15 lb/mmBtu heat
                                   or large            output for each
                                   furnaces: on or     individual burn
                                   after May 15,       rate.
                                   2020 (using cord
                                   wood as specified
                                   in CSA B415.1-10).
------------------------------------------------------------------------

    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

[[Page 13682]]

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-by-case 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 in-home use. We 
will consider alternative cord wood test method requests on a case-by-
case basis until we are convinced that improved test methods

[[Page 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 forced-air 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 third-
party 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

[[Page 13684]]

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 PM<INF>2.5</INF>.

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 
ISO-accredited certifying body and testing by ISO-accredited testing 
laboratories. This approach requires manufacturers to use third-party, 
independent ISO-accredited 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 Sec.  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 EPA-recognized 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 ISO-accredited 
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

[[Page 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 PM<INF>2.5</INF> 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 in-home 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 in-home 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

[[Page 13686]]

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 in-home 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:
    <bullet> 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.
    <bullet> The State of Washington DOE has required catalytic stoves 
since 1995 to meet a limit of 2.5 g/hr.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

[[Page 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 EPA-certified 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:
    <bullet> Looking at the crib wood test primary requirement for Step 
2 (0.10 lb/mmBtu), 9 of the 50 (18 percent) EPA-qualified hydronic 
heater models currently achieve Step 2 on crib wood (per run); and all 
20 of the RHNY-qualified models achieve 0.10 lb/mmBtu.
    <bullet> 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).
    <bullet> 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:
    <bullet> 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).
    <bullet> 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

[[Page 13688]]

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, Third-Party 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 ISO-accredited 
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 
ISO-accreditation 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.
---------------------------------------------------------------------------

    \8\ Comments on the proposed NSPS are available electronically 
through http://www.regulations.gov by searching Docket ID EPA-HQ-
OAR-2009-0734.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \9\ Comment 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-OAR-2009-0734-1397.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \10\ James E. Houck and Paul Tiegs. There's a Freight Train 
Comin'. Hearth and Home. December 2009.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ Comment 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-HQ-OAR-2009-0734-1643.
    \12\ Ferguson, 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.
---------------------------------------------------------------------------

    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

[[Page 13689]]

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\
---------------------------------------------------------------------------

    \13\ Ferguson, 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \14\ Comment 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \15\ Ferguson, 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.
---------------------------------------------------------------------------

    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

[[Page 13690]]

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 in-home-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 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 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

[[Page 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 PM<INF>2.5</INF>. Table 7-1 of the RIA on human 
health effects of ambient PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 (CO<INF>2</INF>), 
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 CO<INF>2</INF> 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 CO<INF>2</INF> emissions in a given year. Given that 
CO<INF>2</INF> 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 
up-to-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 PM<INF>2.5</INF> air quality. For example, 
Hubbell (2006) estimated that reducing exposure to PM<INF>2.5</INF> 
from air pollution regulations may result in an average gain of 15 
years of life for those adults prematurely dying from PM<INF>2.5</INF> 
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, Dose-Response 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 peer-reviewed science and 
methods that have withstood scrutiny from the EPA's independent Science 
Advisory Board (SAB), the National Academy of

[[Page 13692]]

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 PM<INF>2.5</INF> 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 pass-through to consumers, these impact estimates to 
manufacturers will decline proportionate to the degree of pass-through.

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, process-specific 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.
---------------------------------------------------------------------------

    \16\ Memo to USEPA from EC/R, Inc. Estimated Emissions from Wood 
Heaters. January 2015.
    \17\ Emission 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).
---------------------------------------------------------------------------

    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 non-certified 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 PM<INF>2.5</INF> emissions. 
We divided this value by the number of appliances in the category to 
calculate the baseline average PM<INF>2.5</INF> 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, non-catalytic 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.
---------------------------------------------------------------------------

    \18\ Memo to USEPA from EC/R, Inc. Derivation of wood heater 
model percentages meeting Step 2 standards. November 2014.
---------------------------------------------------------------------------

    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.

[[Page 13693]]

    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.
---------------------------------------------------------------------------

    \19\ Market 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \20\ Global Economic Outlook 2014, projections prepared by the 
Conference Board, May 2014 update; http://www.conference-board.org/data/globaloutlook.cfm.
    \21\ Cost-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).
    \22\ Cost-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).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \23\ Comments on the proposed NSPS are available electronically 
through http://www.regulations.gov by searching Docket IDs EPA-HQ-
OAR-2009-0734.
---------------------------------------------------------------------------

    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\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         PM2.5 (tons)                         VOC (tons)                           CO (tons)
                                             -----------------------------------------------------------------------------------------------------------
               Appliance type                               Revised    Emission                 Revised    Emission                 Revised    Emission
                                               Baseline      NSPS      reduction   Baseline      NSPS      reduction   Baseline      NSPS      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.


[[Page 13694]]

B. What are the benefits?

    Emission reductions associated with the requirements of this rule 
will generate substantial health benefits by reducing emissions of 
PM<INF>2.5</INF>, HAPs, as well as criteria pollutants and their 
precursors, including CO and VOC. VOC are precursors to 
PM<INF>2.5</INF> and ozone. For this rule, we were only able to 
quantify the monetized health co-benefits associated with reduced 
exposure from directly emitted PM<INF>2.5</INF>. Our benefits reflect 
the average of annual PM<INF>2.5</INF> emission reductions occurring 
between 2015 and 2020 (inclusive). We estimate the monetized 
PM<INF>2.5</INF>-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 
PM<INF>2.5</INF> 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.
---------------------------------------------------------------------------

    \24\ Memo to USEPA from EC/R, Inc. Estimated Emissions from Wood 
Heaters. January 2015.
    \25\ Roman, 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.

 Table 7--Summary of Monetized PM2.5-Related Health Benefits for Proposed Residential Wood Heaters NSPS in 2015-
                                                 2020 Timeframe
                                        [millions of 2013 dollars] a b c
----------------------------------------------------------------------------------------------------------------
                                                    Estimated
                                                     emission       Total monetized          Total monetized
                    Pollutant                       reductions   benefits (3% discount    benefits (7% discount
                                                      (tpy)              rate)                    rate)
----------------------------------------------------------------------------------------------------------------
Directly emitted PM2.5...........................        8,269         $3,400 to $7,600         $3,100 to $6,900
----------------------------------------------------------------------------------------------------------------
                                                PM2.5 Precursors
----------------------------------------------------------------------------------------------------------------
VOC..............................................        9,265
----------------------------------------------------------------------------------------------------------------
a All 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.
b PM benefits are shown as a range from Krewski, et al. (2009) to Lepeule, et al. (2012).
c 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.

    These benefit estimates represent the monetized human health 
benefits for populations exposed to less PM<INF>2.5</INF> 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 PM<INF>2.5</INF> precursors into changes in ambient 
PM<INF>2.5</INF> 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 
national-average 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 
benefit-per-ton estimates for this category is available in the 
technical support document, which is referenced in footnote 26 and is 
available in the docket.
---------------------------------------------------------------------------

    \26\ Fann, N., K.R. Baker, and C.M. Fulcher. 2012. 
``Characterizing the PM<INF>2.5</INF>-related health benefits of 
emission reductions for 17 industrial, area and mobile emission 
sectors across the U.S.'' Environment International 49 41-151.
    \27\ U.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.
    \28\ U.S. Environmental Protection Agency. Technical support 
document: Estimating the benefit per ton of reducing 
PM<INF>2.5</INF> precursors from 17 sectors. Research Triangle Park, 
NC. January 2013.
---------------------------------------------------------------------------

    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 
benefit-per-ton estimates vary between precursors depending on the 
location and magnitude of their impact on PM<INF>2.5</INF> levels, 
which drive population exposure.
    It is important to note that the magnitude of the PM<INF>2.5</INF> 
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

[[Page 13695]]

regarding the PM<INF>2.5</INF>-mortality relationship.
---------------------------------------------------------------------------

    \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.
    \30\ Lepeule 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.
---------------------------------------------------------------------------

    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 PM<INF>2.5</INF> 
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.
---------------------------------------------------------------------------

    \31\ U.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.
---------------------------------------------------------------------------

    In general, we are more confident in the magnitude of the risks we 
estimate from simulated PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 
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 PM<INF>2.5</INF> levels at or above different 
concentrations, which provides some insight into the level of 
uncertainty in the estimated PM<INF>2.5</INF> 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 PM<INF>2.5</INF> level. As a surrogate measure of mortality 
impacts, we provide the percentage of the population exposed at each 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> levels at or above the LML of 5.8 
[mu]g/m\3\. Using the Lepeule, et al., (2012) study, 67 percent of the 
population is exposed above the LML of 8 [mu]g/m\3\. 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.
---------------------------------------------------------------------------

    \32\ RIA for the Final Residential Wood Heaters NSPS.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \33\ Memo to USEPA from EC/R, Inc. Residential Heater 
Manufacturer Cost Impacts. January 2015.
    \34\ Memo to USEPA from EC/R, Inc. Unit Cost Estimates of 
Residential Wood Heating Appliances. January 2015.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \36\ RIA for the Final Residential Wood Heaters NSPS.
    \37\ Memo to USEPA from EC/R, Inc. Residential Heater Cost 
Effectiveness Analysis. January 2015.

      Table 8--Summary of Nationwide Average Annual Cost Increases
                                 [2013$]
------------------------------------------------------------------------
                                                              2015-2020
                       Appliance type                           Period
------------------------------------------------------------------------
Wood Heaters...............................................   $3,020,000
Single Burn Rate Heaters...................................      870,000
Pellet Heaters/Stoves......................................    1,520,000
Forced-Air Furnaces........................................   15,360,000

[[Page 13696]]

 
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:
---------------------------------------------------------------------------

    \38\ Memo to USEPA from EC/R, Inc. Unit Cost Estimates of 
Residential Wood Heating Appliances. January 2015.
---------------------------------------------------------------------------

    <bullet> 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.
    <bullet> 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\
---------------------------------------------------------------------------

    \39\ NSPS Review and Comments. Confidential Business 
Information. September 2010.
---------------------------------------------------------------------------

    <bullet> We have limited information that indicates the cost to 
produce a forced-air furnace that complies with a Step 1 emission limit 
is approximately 75 percent more, or $1,700 (exclusive of recovering 
R&D cost).\40\
---------------------------------------------------------------------------

    \40\ Confidential Business Information.
---------------------------------------------------------------------------

    <bullet> 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.
---------------------------------------------------------------------------

    \41\ Cost-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.
---------------------------------------------------------------------------

    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$]
----------------------------------------------------------------------------------------------------------------
                                                                                    Total cost      Incremental
                                                                      Cost at       during NSPS    cost increase
                         Appliance type                              baseline          model        (to recover
                                                                      (2014)        development      amortized
                                                                                    (2015-2020)       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. Cost-to-
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

[[Page 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.

[[Page 13698]]

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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 small-
entity definition of having fewer than 500 employees.
    <bullet> 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.
    <bullet> 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 cost-to-sales 
estimate for manufacture of hydronic heater models. These impacts do 
not presume any pass-through of impacts to consumers. With pass-through 
to consumers, these impact estimates to manufacturers will decline 
proportionate to the degree of pass-through. 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

[[Page 13699]]

99 percent of small entities affected in these industries.
    <bullet> Relevant federal rules that may overlap or conflict with 
this rule. There are no other relevant federal rules.
    <bullet> 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.
---------------------------------------------------------------------------

    \42\ Also, 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.
---------------------------------------------------------------------------

    Based on consultations with the SBA, and resulting from solicited 
self-nominations, 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

[[Page 13700]]

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.
---------------------------------------------------------------------------

    \43\ ``Analysis of Exposure to Residential Wood Combustion 
Emissions for Different Socio-Economic 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.
---------------------------------------------------------------------------

    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:
    <bullet> 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-fuel-burning 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;
    <bullet> 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;
    <bullet> 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
    <bullet> 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 
water-antifreeze 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

[[Page 13701]]

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-burning-equipment/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-manually-and-automatically-stoked-nominal-heat-output-of-up-to-500-kw-terminology-requirements-testing-and-marking/?gclid=CMv3wrbFrsACFU4F7Aod3yoAcw. 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.
---------------------------------------------------------------------------

    \44\ ``Analysis of Exposure to Residential Wood Combustion 
Emissions for Different Socio-Economic 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.
---------------------------------------------------------------------------

    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

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

0
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:


Sec.  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/

[[Page 13702]]

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 Sec.  60.534 and Sec.  60.5476.
    (204) ASTM E2779-10, Standard Test Method for Determining 
Particulate Matter Emissions from Pellet Heaters, (Approved October 1, 
2010), IBR approved for Sec.  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 Sec.  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 Sec.  60.534 and 
Sec.  60.5476. (The standard is also available at http://shop.csa.ca/en/canada/fuel-burning-equipment/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 Sec.  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-manually-and-automatically-stoked-nominal-heat-output-of-up-to-500-kw-terminology-requirements-testing-and-marking/?gclid=CJXI2P_97MMCFdccgQodan8ATA)
    (2) [Reserved]

0
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


Sec.  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 Sec.  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 Sec.  60.532 
and the requirements of Sec.  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 Sec.  60.532 and the requirements of Sec.  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 Sec.  60.531 or corn-only 
pellet stoves) are exempt from the applicable emission limits of Sec.  
60.532 and the requirements of Sec.  60.533 provided that all 
advertising and warranties exclude wood burning.
    (4) Cook stoves as defined in Sec.  60.531 are exempt from the 
applicable emission limits of Sec.  60.532 and the requirements of 
Sec.  60.533.
    (5) Camp stoves as defined in Sec.  60.531 are exempt from the 
applicable emission limits of Sec.  60.532 and the requirements of 
Sec.  60.533.
    (6) Modification or reconstruction, as defined in Sec.  60.14 and 
Sec.  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 Sec.  
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 Sec.  60.531.


Sec.  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

[[Page 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 Sec.  60.535 or is an 
independent third-party test laboratory that is accredited under ISO-
IEC Standard 17025 to perform testing using the test methods specified 
in Sec.  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 EPA-approved third-party certifier that were generated when 
operating the appliance with the door(s) closed, and that demonstrate 
an average stack gas carbon dioxide (CO<INF>2</INF>) concentration over 
the duration of the test run equal to or less than 5.00 percent and a 
ratio of the average stack gas CO<INF>2</INF> to the average stack gas 
carbon monoxide (CO) equal to or greater than 15:1. The stack gas 
average CO<INF>2</INF> and CO concentrations for the test run shall be 
determined in accordance with the requirements in CSA B415.1-10 (IBR, 
see Sec.  60.17), clause 6.3, using a sampling interval no greater than 
1 minute. The average stack gas CO<INF>2</INF> 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 (PM<INF>10</INF>) and fine particulate 
(PM<INF>2.5</INF>).
    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.

[[Page 13704]]

    (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 
fuel-burning 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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.


Sec.  60.532  What standards and associated requirements must I meet 
and by when?

    (a) 2015 particulate matter emission standards. Unless exempted 
under Sec.  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 Sec.  60.534.
    (b) 2020 particulate matter emission standards. Unless exempted 
under Sec.  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 Sec.  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 
Sec.  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

[[Page 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.


Sec.  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 Sec.  
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: <a href="/cdn-cgi/l/email-protection#85d2eaeae1cde0e4f1e0f7d7e0f5eaf7f1f6c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="ffa890909bb79a9e8b9a8dad9a8f908d8b8cbf9a8f9ed1989089">[email protected]</span></a>. 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)

[[Page 13706]]

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 Sec.  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 Sec.  60.531 to the wood heater submitted for certification 
testing, and
    (ii) Labeled as prescribed in Sec.  60.536.
    (iii) Accompanied by an owner's manual that meets the requirements 
in Sec.  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 
Sec.  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 Sec.  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 
Sec.  60.533(b). The application must include the full test report by 
an EPA-approved 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 
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 Sec.  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 Sec.  60.532; the quality assurance plan is 
adequate to ensure that units within the model line

[[Page 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 Sec.  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 Sec.  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 Sec.  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 Sec.  60.532(a), the model line is deemed to have 
a certificate of compliance for the 2015 emission standards in Sec.  
60.532(a), which is valid until the effective date for the 2020 
standards in Sec.  60.532(b) (i.e., until May 15, 2020).
    (2) For a model line certified as meeting emission standards in 
Sec.  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 previously-certified 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 <plus-minus>0.64 cm (<plus-minus>\1/
4\ inch) for any linear dimension and <plus-minus>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;

[[Page 13708]]

    (ii) Air introduction systems: Cross-sectional 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 Sec.  60.536;
    (iv) Failure by the manufacturer to comply with reporting and 
recordkeeping requirements under Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 
Sec.  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 Sec.  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.

[[Page 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 Sec.  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 Sec.  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.


Sec.  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 Sec.  60.8(b), must 
be used to determine compliance with the standards and requirements for 
certification under Sec. Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  60.532(a), (b) 
and (c), particulate matter emission concentrations must be measured 
with ASTM E2515-11 (IBR, see Sec.  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 Sec.  
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

[[Page 13710]]

efficiency, heat output and carbon monoxide emissions of the tested 
wood heater using Canadian Standards Administration (CSA) Method 
B415.1-10 (IBR, see Sec.  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 Sec.  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 <a href="/cdn-cgi/l/email-protection#8ed9e1e1eac6ebeffaebfcdcebfee1fcfafdceebfeefa0e9e1f8"><span class="__cf_email__" data-cfemail="a4f3cbcbc0ecc1c5d0c1d6f6c1d4cbd6d0d7e4c1d4c58ac3cbd2">[email protected]</span></a>. 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 third-party 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 third-party 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 Sec.  60.533(b)(5) 
and must be consistent with instructions provided in the owner's manual 
required under Sec.  60.536(g), except to the extent that they address 
details of the certification tests that would not be relevant to owners 
or regulators.


Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  
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 Sec.  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 Sec.  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 
Sec.  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

[[Page 13711]]

third-party certification activities according to the requirements of 
this subpart;
    (ii) Agree to periodically conduct audits as described in Sec.  
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 Sec.  
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 Sec.  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.


Sec.  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 Sec.  60.532, must have a permanent label 
affixed to it that meets the requirements of this section.
    (2) Except for wood heaters subject to Sec.  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 (3\1/2\ 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 Sec.  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 Sec.  
60.533(m); and
    (iii) That all wood heaters individually tested for emissions by 
the manufacturer under its quality assurance program pursuant to Sec.  
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 Sec.  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 Sec.  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 Sec.  60.530(b). (1) If an affected wood heater is 
manufactured in the United States for export as provided in Sec.  
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 Sec.  60.530(b)(2), the 
following statement must appear on the permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Not certified. Research

[[Page 13712]]

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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  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 EPA-recommended 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.


Sec.  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 Sec.  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 Sec.  60.533(m).
    (4) For emissions tests conducted pursuant to the quality assurance 
program required by Sec.  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 third-party 
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

[[Page 13713]]

upon which certification was granted under Sec.  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 Sec.  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 Sec.  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 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: <a href="/cdn-cgi/l/email-protection#64330b0b002c01051001163601140b161017240114054a030b12"><span class="__cf_email__" data-cfemail="24734b4b406c41455041567641544b565057644154450a434b52">[email protected]</span></a>.
    (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 
<a href="/cdn-cgi/l/email-protection#70271f1f143815110415022215001f020403301500115e171f06"><span class="__cf_email__" data-cfemail="4b1c24242f032e2a3f2e39192e3b24393f380b2e3b2a652c243d">[email protected]</span></a>. 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 
Sec.  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.


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 
Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  
60.533(k).
    (h) No person is permitted to alter, deface, or remove any 
permanent label required to be affixed pursuant to Sec.  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 Sec.  60.536(f), as applicable.


Sec.  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 
Sec.  60.533(c) or Sec.  60.533(f);
    (ii) Denies an application for a renewal of certification under 
Sec.  60.533(i);
    (iii) Issues a notice of revocation of certification under Sec.  
60.533(1);
    (iv) Denies an application for laboratory approval under Sec.  
60.535(a);
    (v) Issues a notice of revocation of laboratory approval under 
Sec.  60.535(b);
    (vi) Denies an application for third-party certifier approval under 
Sec.  60.535(d); or
    (vii) Issues a notice of revocation of third-party certifier 
approval under Sec.  60.535(e).
    (2) In any case where the Administrator issues a notice of 
revocation under Sec.  60.533(n)(3)(ii), the manufacturer may request a 
hearing under this section with the time limits set out in Sec.  
60.533(n)(3)(ii).
    (b) Any hearing request must be in writing, must be signed by an

[[Page 13714]]

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 Sec. Sec.  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.

[[Page 13715]]

Sec.  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.


Sec.  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]

0
4. Subpart PPPP is added and reserved.
0
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


Sec.  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 Sec.  60.5474 and the 
requirements of Sec.  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 Sec.  60.5474 
and the requirements of Sec.  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 Sec.  
60.5473 or corn-only central heaters) are exempt from the applicable 
emission limits of Sec.  60.5474 and the requirements of Sec.  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 Sec.  60.5473.


Sec.  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 Sec.  60.5477 or is an 
independent third-party test laboratory that is accredited under ISO-
IEC Standard 17025 to perform testing using the test methods specified 
in Sec.  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 forced-air furnace means an enclosed, 
coal-

[[Page 13716]]

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 (PM<INF>10</INF>) and fine particulate 
(PM<INF>2.5</INF>).
    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 
fuel-burning 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 Sec.  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 Sec.  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 Sec.  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 Sec.  60.5476.
    Wood heater under this subpart means an enclosed, wood burning-
appliance 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.


Sec.  60.5474  What standards and requirements must I meet and by when?

    (a) Standards. Unless exempted under Sec.  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

[[Page 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 
Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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 forced-air 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.


Sec.  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 Sec.  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 Sec.  
60.5474(b) are automatically deemed to have a certificate of compliance 
for the 2015 particulate matter emission standards and be valid

[[Page 13718]]

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 Sec.  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 Sec.  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: <a href="/cdn-cgi/l/email-protection#80d7efefe4c8e5e1f4e5f2d2e5f0eff2f4f3c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="bbecd4d4dff3dedacfdec9e9decbd4c9cfc8fbdecbda95dcd4cd">[email protected]</span></a>. 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 Sec.  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 Sec.  60.5478.
    (iii) Accompanied by an owner's manual that meets the requirements 
in Sec.  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

[[Page 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 Sec.  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 Sec.  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 Sec.  60.5475(b). The application must include the full 
test report by an EPA-approved 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 Sec.  
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 Sec.  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 Sec.  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 Sec.  
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 Sec.  60.5474.
    (h) Certification period. Unless revoked sooner by the 
Administrator, a certificate of compliance will be valid

[[Page 13720]]

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 previously-certified 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 <plus-minus>0.64 cm (<plus-minus>1/4 inch) for any 
linear dimension and <plus-minus>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: Cross-sectional 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 Sec.  60.5478;
    (iv) Failure by the manufacturer to comply with the reporting and 
recordkeeping requirements of Sec.  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 Sec.  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

[[Page 13721]]

and an opportunity to request a hearing under Sec.  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 Sec.  
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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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.

[[Page 13722]]

Sec.  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 Sec.  60.8(b), must 
be used to determine compliance with the standards and requirements for 
certification under Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  
60.5474(b)(1), the manufacturer must have an EPA-approved test 
laboratory use:
    (i) Method 28WHH;
    (ii) Method 28WHH PTS;
    (iii) ASTM E2618-13 (IBR, see Sec.  60.17) (using crib wood); or
    (iv) EN 303-5 (IBR, see Sec.  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 Sec.  
60.5474(b)(2), the manufacturer must have an EPA-approved test 
laboratory use:
    (i) Method 28WHH;
    (ii) Method 28WHH PTS; or
    (iii) ASTM E2618-13 (IBR, see Sec.  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 Sec.  60.17), the burn rate 
categories specified in Method 28WHH must be used;
    (ii) For EN 303-5 (IBR, see Sec.  60.17), the organic compounds 
must be included as part of the PM.
    (iii) For ASTM 2618-13 (IBR, see Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  60.17), except for the 2015 certification 
tests using EN303-5 (IBR, see Sec.  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 Sec.  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 <a href="/cdn-cgi/l/email-protection#a9fec6c6cde1ccc8ddccdbfbccd9c6dbdddae9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="3b6c54545f735e5a4f5e49695e4b54494f487b5e4b5a155c544d">[email protected]</span></a>. 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, 
third-party 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.

[[Page 13723]]

Communications between the manufacturer and laboratory or third-party 
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 
Sec.  60.5475(b)(5) and must be consistent with instructions provided 
in the owner's manual required under Sec.  60.5478(f), except to the 
extent that they address details of the certification tests that would 
not be relevant to owners or regulators.


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 
Sec.  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 Sec.  
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 Sec.  
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.

[[Page 13724]]

    (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 Sec.  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.


Sec.  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 Sec.  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 fa[ccedil]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 Sec.  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 Sec.  
60.5475(m); and
    (iii) That all the central heaters individually tested for 
emissions by the manufacturer under its quality assurance program 
pursuant to Sec.  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 Sec.  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 Sec.  60.5472(b). (1) If an affected central heater is 
manufactured in the United States for export as provided in Sec.  
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 Sec.  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 Sec.  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.

[[Page 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 EPA-recommended 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.


Sec.  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 Sec.  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 Sec.  60.5475(m).
    (4) For emissions tests conducted pursuant to the quality assurance 
program required by Sec.  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 third-party 
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 
Sec.  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 Sec.  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 Sec.  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: <a href="/cdn-cgi/l/email-protection#fdaa929299b5989c89988faf988d928f898ebd988d9cd39a928b"><span class="__cf_email__" data-cfemail="27704848436f4246534255754257485553546742574609404851">[email protected]</span></a>.
    (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 
<a href="/cdn-cgi/l/email-protection#c097afafa488a5a1b4a5b292a5b0afb2b4b380a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="6b3c04040f230e0a1f0e19390e1b04191f182b0e1b0a450c041d">[email protected]</span></a>. 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 
Sec.  60.5472(b)(2) must maintain records for at least 5 years 
documenting where

[[Page 13726]]

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.


Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  60.5478(b) unless:
    (i) The affected appliance has been certified to comply with the 
particulate emission standards pursuant to Sec.  60.5474 as applicable; 
and
    (ii) The commercial owner provides any purchaser or transferee with 
an owner's manual that meets the requirements of Sec.  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 Sec.  
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 Sec.  
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 Sec.  
60.5475(k).
    (h) No person is permitted to alter, deface, or remove any 
permanent label required to be affixed pursuant to Sec.  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 Sec.  60.5478(e), as 
applicable.


Sec.  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 
Sec.  60.5475 (a)(2);
    (ii) Denies an application for a renewal of certification under 
Sec.  60.5475(i);
    (iii) Issues a notice of revocation of certification under Sec.  
60.5475(l);
    (iv) Denies an application for laboratory approval under Sec.  
60.5477(a);
    (v) Issues a notice of revocation of laboratory approval under 
Sec.  60.5477(b).
    (vi) Denies an application for third-party certifier approval under 
Sec.  60.5477(d); or
    (vii) Issues a notice of revocation of third-party certifier 
approval under Sec.  60.5477(e).
    (2) In any case where the Administrator issues a notice of 
revocation under Sec.  60.5475(n)(3)(ii), the manufacturer may request 
a hearing under this section with the time limits set out in Sec.  
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

[[Page 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 Sec. Sec.  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.


Sec.  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.


Sec.  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).

0
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

* * * * *

[[Page 13728]]

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 Sec.  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 Sec.  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 Sec.  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 wood-fired 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 Sec.  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 non-pressurized 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 Sec.  60.17).
    2.2.2.2 CSA-B415.1-10 Performance Testing of Solid-Fuel-Burning 
Heating Appliances (IBR, see Sec.  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 <plus-minus> 0.25 
inches by 4 <plus-minus> 0.25 inches) [100 <plus-minus> 6 mm by 100 
<plus-minus> 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 Sec.  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 Sec.  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 Sec.  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

[[Page 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 <plus-minus>1.0 pound (<plus-
minus>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 
<plus-minus>0.50 [deg]F (<plus-minus>0.25 [deg]C). Other temperature 
measurement methods may be used if the temperature difference 
measurement uncertainty is equal to or less than <plus-minus>0.50 
[deg]F (<plus-minus>0.25 [deg]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 <plus-minus>1 percent of measured flow.
    6.4.1 Optional--Appliance Side Water Flow Meter. A water flow 
meter with an accuracy of <plus-minus>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 Sec.  60.17), clause 6.2.2.
    6.9 Test Room Temperature Measurement--Must meet the 
requirements of CSA B415.1-10 (IBR, see Sec.  60.17), clause 6.2.1.
    6.10 Flue Gas Composition Measurement--Must meet the 
requirements of CSA B415.1-10 (IBR, see Sec.  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 <plus-minus>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 
<plus-minus>0.5 feet (4.6 <plus-minus>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 <plus-minus>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 (TF<INF>avg</INF> and 
TI<INF>avg</INF>). 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 semi-annually 
thereafter. Calibrations shall be in

[[Page 13730]]

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 Sec.  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 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. 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. Three-quarter 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 <plus-minus> 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 [deg]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 ft\3\ 
(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 ft\3\ (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 Sec.  60.17). Upon request, four-inch 
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 <plus-minus> 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

[[Page 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 [deg]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 Sec.  60.17).
    12.5.1.3 Record data needed to determine overall efficiency 
(SLM) per the requirements of CSA B415.1-10 (IBR, see Sec.  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 Sec.  
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 Sec.  
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 (CO<INF>2</INF>) concentrations in the flue gas in 
accordance with CSA B415.1-10 (IBR, see Sec.  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 Sec.  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 Sec.  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 (<plus-minus>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 two-
thirds 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

E<INF>T</INF>--Total particulate emissions for the full test run as 
determined per ASTM E2515-11 (IBR, see Sec.  60.17) in grams
E<INF>g/MJ</INF>--Emissions rate in grams per megajoule of heat 
output
E<INF>lb/mmBtu</INF> output--Emissions rate in pounds per million 
Btu of heat output
E<INF>g/kg</INF>--Emissions factor in grams per kilogram of dry fuel 
burned
E<INF>g/hr</INF>--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)
[Delta]T--Temperature difference between water entering and exiting 
the heat exchanger

[[Page 13732]]

Q<INF>out</INF>--Total heat output in BTU's (megajoules)
Q<INF>in</INF>--Total heat input available in test fuel charge in 
BTU (megajoules)
M--Mass flow rate of water in lb/min (kg/min)
V<INF>i</INF>--Volume of water indicated by a totalizing flow meter 
at the ith reading in gallons (liters)
V<INF>f</INF>--Volumetric flow rate of water in heat exchange system 
in gallons per minute (liters/min)
[Theta]--Total length of test run in hours
ti--Data sampling interval in minutes
[eta]<INF>del</INF>--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
[GRAPHIC] [TIFF OMITTED] TR16MR15.022

TF<INF>avg</INF>--Average temperature of the applicance and water at 
the end of the test
[GRAPHIC] [TIFF OMITTED] TR16MR15.023

MC--Fuel moisture content in percent dry basis
MC<INF>i</INF>--Average moisture content of individual 4 x 4 fuel 
pieces in percent dry basis
MC<INF>sp</INF>--Moisture content of spacers assumed to be 10 
percent dry basis
[sigma]--Density of water in pounds per gallon
C<INF>p</INF>--Specific heat of water in Btu/lb, [deg]F
C<INF>steel</INF>--Specific heat of steel (0.1 Btu/lb, [ordm]F)
W<INF>fuel</INF>--Fuel charge weight in pounds (kg)
W<INF>i</INF>--Weight of individual fuel 4 x 4 pieces in pounds (kg)
W<INF>sp</INF>--Weight of all spacers used in a fuel load in pounds 
(kg)
W<INF>app</INF>--Weight of empty appliance in pounds
W<INF>wa</INF>--Weight of water in supply side of the system in 
pounds

    13.2 After the test is completed, determine the particulate 
emissions E<INF>T</INF> in accordance with ASTM E2515-11 (IBR, see 
Sec.  60.17).

13.3 Determine Average Fuel Load Moisture Content
[GRAPHIC] [TIFF OMITTED] TR16MR15.024

13.4 Determine heat input
[GRAPHIC] [TIFF OMITTED] TR16MR15.025

13.5 Determine Heat Output and Efficiency

13.5.1 Determine heat output as:

Q<INF>out</INF> = [Sigma] [Heat output determined for each sampling 
time interval]+ Change in heat stored in the appliance.
[GRAPHIC] [TIFF OMITTED] TR16MR15.026


    Note: The subscript (i) indicates the parameter value for 
sampling time interval t<INF>i</INF>.

M<INF>i</INF> = Mass flow rate = gal/min x density of water (lb/gal) 
= lb/min
[GRAPHIC] [TIFF OMITTED] TR16MR15.027

C<INF>steel</INF> = 0.1 Btu/lb, [deg] F
[GRAPHIC] [TIFF OMITTED] TR16MR15.028



[[Page 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:


    [GRAPHIC] [TIFF OMITTED] TR16MR15.029
    
13.5.3 Determine emission rates and emission factors as:
[GRAPHIC] [TIFF OMITTED] TR16MR15.030

13.5.4 Determine delivered efficiency as:
[GRAPHIC] [TIFF OMITTED] TR16MR15.031

13.5.5 Determine [eta]<INF>SLM</INF>--Overall Efficiency (SLM) using 
Stack Loss

    For determination of the average overall thermal efficiency 
([eta]<INF>SLM</INF>) 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 Sec.  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 CO<INF>2</INF>, 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 Sec.  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.
[GRAPHIC] [TIFF OMITTED] TR16MR15.003

    13.7 Average Heat Output (Q<INF>out-8hr</INF>) and Efficiency 
(([eta]<INF>avg-8hr</INF>) 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:
    [GRAPHIC] [TIFF OMITTED] TR16MR15.004
    

[[Page 13734]]


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
[eta]<INF>del1</INF> = Average delivered efficiency for duration Y1
[eta]<INF>del2</INF> = 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
[eta]<INF>del1</INF> = 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
[eta]<INF>del2</INF> = Average delivered efficiency for this data 
point

    13.7.2.4 Example:

                      Category Actual Load Duration
                [Category Actual Load Duration [eta]del]
------------------------------------------------------------------------
                      (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, [eta]<INF>del1</INF> = 75.5% and Y1 = 8.4 hrs
    Category 3 duration is just below 8 hours, therefore: X2 = 
50,000 Btu/hr, [eta]<INF>del2</INF> = 80.1% and Y2 = 6.4 hrs

Q<INF>out-8hr</INF> = 26,000 + {(8--8.4) x [(50,000--26,000)/(6.4--
8.4)]{time}  = 30,800 BTU/hr
[eta]<INF>avg-8hr</INF> = 75.5 + {(8--8.4) x [(80.1--75.5)/(6.4--
8.4)]{time}  = 76.4%

13.8 Carbon Monoxide Emissions

    For each minute of the test period, the carbon monoxide emission 
rate shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16MR15.005

    Total CO emissions for each of the three test periods 
(CO<INF>_1</INF>, CO<INF>_2</INF>, CO<INF>_3</INF>) shall be 
calculated as the sum of the emission rates for each of the 1 minute 
intervals.
    Total CO emission for the test run, CO<INF>T</INF>, shall be 
calculated as the sum of CO<INF>_1</INF>, CO<INF>_2</INF>, and 
CO<INF>_3</INF>.

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.

[[Page 13735]]

[GRAPHIC] [TIFF OMITTED] TR16MR15.006


[[Page 13736]]


[GRAPHIC] [TIFF OMITTED] TR16MR15.007


[[Page 13737]]


[GRAPHIC] [TIFF OMITTED] TR16MR15.008

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 wood-fired 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 non-pressurized 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 
[deg]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

[[Page 13738]]

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[deg] to 130 [deg]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 Sec.  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 Sec.  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.

[[Page 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 <plus-minus>1.0 pound 
(<plus-minus>0.5 kg) and a readout resolution of <plus-minus>0.2 
pound (<plus-minus>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 
<plus-minus>0.50 [deg]F (<plus-minus>0.25 [deg]C). Other temperature 
measurement methods may be used if the temperature difference 
measurement uncertainty is equal to or less than <plus-minus>0.50 
[deg]F (<plus-minus>0.25 [deg]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 <plus-minus>1 percent of measured flow.
    6.4.1 Optional--Appliance Side Water Flow Meter. A water flow 
meter with an accuracy of <plus-minus>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 
<plus-minus>0.01 pounds.
    6.8 Flue Gas Temperature Measurement. Must meet the requirements 
of CSA B415.1-10 (IBR, see Sec.  60.17), clause 6.2.2.
    6.9 Test Room Temperature Measurement. Must meet the 
requirements of CSA B415.1-10 (IBR, see Sec.  60.17), clause 6.2.1.
    6.10 Flue Gas Composition Measurement. Must meet the 
requirements of CSA B415.1-10 (IBR, see Sec.  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 Sec.  60.17). In addition 
the measurement repeatability shall be better than <plus-minus>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 <plus-minus>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 
<plus-minus>0.5 feet (4.6 <plus-minus>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 <plus-minus>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.

[[Page 13740]]

    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 semi-annually 
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 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. 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 Sec.  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 
Sec.  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 <plus-minus> 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[emsp14][deg]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:
[GRAPHIC] [TIFF OMITTED] TR16MR15.009

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 [deg]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 ft\3\ 
(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 ft\3\ (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

[[Page 13741]]

weight shall be within <plus-minus>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 [deg]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 (TS<INF>1</INF> and TS<INF>2</INF>) is 
less than 1 [deg]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 [deg]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[deg]F. The boiler/heater maximum temperature at the start of 
this test shall be 135 [deg]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/ft\3\) 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 [deg]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 (TS<INF>1</INF> and TS<INF>2</INF>) is less than 1 
[deg]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 [deg]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 <plus-
minus>5 [deg]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 Sec.  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 Sec.  
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 Sec.  
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 (CO<INF>2</INF>) concentrations in the flue gas in 
accordance with CSA B415.1-10 (IBR, see Sec.  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 Sec.  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 Sec.  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 (<plus-minus>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

[[Page 13742]]

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 [middot] 
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 set-point 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 CO<INF>2</INF>, 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

[[Page 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

CO<INF>s</INF>--Carbon monoxide measured in the dilution tunnel at 
arbitrary time in ppm dry basis.
CO<INF>g/min</INF>--Carbon monoxide emission rate in g/min.
CO<INF>T</INF>--Total carbon monoxide emission for the full test run 
in grams.
CO<INF>_1</INF>--Startup period carbon monoxide emissions in grams.
CO<INF>_2</INF>--Steady-state period carbon monoxide emission in 
grams.
CO<INF>_3</INF>--End period carbon monoxide emission in grams.
E<INF>T</INF>--Total particulate emissions for the full test run as 
determined per EPA Method 28WHH and the standards referenced therein 
in grams.
E<INF>1</INF>--Startup period particulate emissions in grams.
E<INF>2</INF>--Steady-state period particulate emissions in grams.
E<INF>3</INF>--End period particulate emissions in grams.
E<INF>1_g/kg</INF>--Startup period particulate emission index in 
grams per kg fuel.
E<INF>2_g/kg</INF>--Steady-state period particulate emission index 
in grams per kg fuel.
E<INF>3_g/kg</INF>--End period particulate emission index in grams 
per kg fuel.
E<INF>1_g/hr</INF>--Startup period particulate emission rate in 
grams per hour.
E<INF>2_g/hr</INF>--Steady-state period particulate emission rate in 
grams per hour.
E<INF>3_g/hr</INF>--End period particulate emission rate in grams 
per hour.
E<INF>g/MJ</INF>--Emission rate in grams per MJ of heat output.
E<INF>lb/mmBtu output</INF>--Emissions rate in pounds per million 
Btu of heat output.
E<INF>g/kg</INF>--Emissions factor in grams per kilogram of dry fuel 
burned.
E<INF>g/hr</INF>--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).
[Delta]T--Temperature difference between cooling water entering and 
exiting the heat exchanger.
Q<INF>out</INF>--Total heat output in Btu (MJ).
Q<INF>in</INF>--Total heat input available in test fuel charge in 
Btu's (MJ).
Q<INF>std</INF>--Volumetric flow rate in dilution tunnel in dscfm.
M--Mass flow rate of water in lb/min (kg/min).
V<INF>i</INF>--Volume of water indicated by a totalizing flow meter 
at the i<INF>th</INF> reading in gallons (liters).
V<INF>f</INF>--Volumetric flow rate of water in heat exchange system 
in gallons per minute (liters/min).
[Theta]--Total length of burn period in hours ([Theta]<INF>1</INF>+ 
[Theta]<INF>2</INF>+ [Theta]<INF>3</INF>).
[Theta]<INF>1</INF>--Length of time of the startup period in hours.
[Theta]<INF>2</INF>--Length of time of the steady-state period in 
hours.
[Theta]<INF>3</INF>--Length of time of the end period in hours.
[Theta]<INF>4</INF>--Length of time for stored heat to be used 
following a burn period in hours.
t<INF>i</INF>--Data sampling interval in minutes.
[eta]<INF>del</INF>--Delivered heating efficiency in percent.
F<INF>i</INF>--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, [deg]F.
T2--Temperature of the water at the outlet on the supply side of the 
heat exchanger, [deg]F.
T3--Temperature of cooling water at the inlet to the load side of 
the heat exchanger, [deg]F.
T4--Temperature of cooling water at the outlet of the load side of 
the heat exchanger, [deg]F.
T5--Temperature of the hot water supply as it leaves the boiler/
heater, [deg]F.
T6--Temperature of return water as it enters the boiler/heater, 
[deg]F.
T7--Temperature in the boiler/heater optional destratification loop 
at the top of the boiler/heater, [deg]F.
T8--Temperature in the boiler/heater optional destratification loop 
at the bottom of the boiler/heater, [deg]F.
TI<INF>avg</INF>--Average temperature of the appliance and water at 
start of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.032

TF<INF>avg</INF>--Average temperature of the appliance and water at 
the end of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.033

TIS<INF>1</INF>--Temperature at the inlet to the storage system at 
the start of the test.
TIS<INF>2</INF>--Temperature at the outlet from the storage system 
at the start of the test.
TFS<INF>1</INF>--Temperature at the inlet to the storage system at 
the end of the test.
TFS<INF>2</INF>--Temperature at the outlet from the storage system 
at the end of the test.
TIS<INF>avg</INF>--Average temperature of the storage system at the 
start of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.034

TFS<INF>avg</INF>--Average temperature of the storage system at the 
end of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.035

MC--Fuel moisture content in percent dry basis.
[sigma]--Density of water in pounds per gallon.
[sigma]<INF>Initial</INF>--Density of water in the boiler/heater 
system at the start of the test in pounds per gallons.
[sigma]<INF>boiler/heater</INF>--Density of water in the boiler/
heater system at an arbitrary time during the test in pounds per 
gallon.
C<INF>p</INF>--Specific heat of water in Btu/lb, [deg]F.
C<INF>steel</INF>--Specific heat of steel (0.1 Btu/lb, [deg]F).
V<INF>boiler/heater</INF>--total volume of water in the boiler/
heater system on the weight scale in gallons.
W<INF>fuel</INF>--Fuel charge weight, as-fired or ``wet'', in pounds 
(kg).
W<INF>fuel_1</INF>--Fuel consumed during the startup period in 
pounds (kg).
W<INF>fuel_2</INF>--Fuel consumed during the steady state period in 
pounds (kg).
W<INF>fuel_3</INF>--Fuel consumed during the end period in pounds 
(kg).

[[Page 13744]]

W<INF>FuelBurned</INF>--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).
W<INF>RemainingFuel</INF>--Weight of unburned fuel separated from 
the ash at the end of a test. Useful only for Category I and 
Category II tests.
W<INF>app</INF>--Weight of empty appliance in pounds (kg).
W<INF>wat</INF>--Weight of water in supply side of the system in 
pounds (kg).
W<INF>ScaleInitial</INF>--Weight reading on the scale at the start 
of the test, just after the test load has been added in pounds (kg).
W<INF>Scale</INF>--Reading of the weight scale at an arbitrary time 
during the test run in pounds (kg).
W<INF>StorageTank</INF>--Weight of the storage tank empty in pounds 
(kg).
W<INF>WaterStorage</INF>--Weight of the water in the storage tank at 
TIS<INF>avg</INF> in pounds (kg).

    13.2 After the test is completed, determine the particulate 
emissions E<INF>T</INF> 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:
[GRAPHIC] [TIFF OMITTED] TR16MR15.036

Water density, [sigma], is calculated using Equation 12.

13.4 Determine Average Fuel Load Moisture Content.
[GRAPHIC] [TIFF OMITTED] TR16MR15.037

13.5 Determine Heat Input.
[GRAPHIC] [TIFF OMITTED] TR16MR15.038

    13.5.1 Correction to Q<INF>in</INF> 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.
[GRAPHIC] [TIFF OMITTED] TR16MR15.044

    13.6 Determine Heat Output, Efficiency, and Emissions.
    13.6.1 Determine heat output as:
    Q<INF>out</INF> = [Sigma] [Heat output determined for each 
sampling time interval] + Change in heat stored in the appliance + 
Change in heat in storage tank.
[GRAPHIC] [TIFF OMITTED] TR16MR15.039


    Note: The subscript (i) indicates the parameter value for 
sampling time interval t<INF>i</INF>. M<INF>i</INF> = Mass flow rate 
= gal/min x density of water (lb/gal) = lb/min.

[GRAPHIC] [TIFF OMITTED] TR16MR15.040

C<INF>steel</INF> = 0.1 Btu/lb, -[deg] F.
[GRAPHIC] [TIFF OMITTED] TR16MR15.041



[[Page 13745]]


    Note: V<INF>i</INF> is the total water volume at the end of 
interval i and V<INF>i-1</INF> 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 
([Theta]<INF>1</INF> + [Theta]<INF>2</INF> + [Theta]<INF>3</INF>) 
as:
[GRAPHIC] [TIFF OMITTED] TR16MR15.042

    13.6.3 Determine Emission Rates and Emission Factors as:
    [GRAPHIC] [TIFF OMITTED] TR16MR15.043
    
    If thermal storage is not used in a Category III or IV run, then 
[Theta]<INF>4</INF> = 0.

    E<INF>1_g/kg</INF> = E<INF>1</INF>/(W<INF>fuel_1</INF>/(1 + MC/
100)), g/dry kg.
    E<INF>2_g/kg</INF> = E<INF>2</INF>/(W<INF>fuel_2</INF>/(1 + MC/
100)), g/dry kg.
    E<INF>3_g/kg</INF> = E<INF>3</INF>/(W<INF>fuel_3</INF>/(1 + MC/
100)), g/dry kg.
    E<INF>1_g/hr</INF> = E<INF>1</INF>/[Theta]<INF>1</INF>, g/hr.
    E<INF>2_g/hr</INF> = E<INF>2</INF>/[Theta]<INF>2</INF>, g/hr.
    E<INF>3_g/hr</INF> = E<INF>3</INF>/[Theta]<INF>3</INF>, g/hr.
    13.6.4 Determine delivered efficiency as:
    [GRAPHIC] [TIFF OMITTED] TR16MR15.014
    
    13.6.5 Determine [eta]<INF>SLM</INF>--Overall Efficiency, also 
known as Stack Loss Efficiency, using stack loss method (SLM).
    For determination of the average overall thermal efficiency 
([eta]<INF>SLM</INF>) 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 Sec.  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 Sec.  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:
[GRAPHIC] [TIFF OMITTED] TR16MR15.015

    Total CO emissions for each of the three test periods 
(CO<INF>_1</INF>, CO<INF>_2</INF>, CO<INF>_3</INF>) shall be 
calculated as the sum of the emission rates for each of the 1-minute 
intervals. Total CO emission for the test run, CO<INF>T</INF>, shall 
be calculated as the sum of CO<INF>_1</INF>, CO<INF>_2</INF>, and 
CO<INF>_3</INF>.
    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 (F<INF>i</INF>) 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.
[GRAPHIC] [TIFF OMITTED] TR16MR15.016


[[Page 13746]]


    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[emsp14][deg]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, 
[Theta]<INF>1</INF>,[Theta]<INF>2</INF>, [Theta]<INF>3</INF>, the 
total CO and particulate emission for each of these three periods, 
and [Theta]<INF>4</INF>.
    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.

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0
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 Sec.  60.536(g) of subpart AAA that 
applies to wood heaters and Sec.  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 catalyst-equipped);
    (g) Troubleshooting catalytic-equipped heaters (if catalyst-
equipped);
    (h) Catalyst replacement (if catalyst-equipped);
    (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.

[[Page 13752]]

    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 catalyst-equipped 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-----------------------------------------

Address----------------------------------------------------------------
Phone #______________''

    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[deg] to 700 [deg]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 [deg]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 [deg]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:
    <bullet> 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.
    <bullet> 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 [deg]F, and often reach temperatures in excess of 1,000 [deg]F. 
If catalyst temperatures are not in excess of 500 [deg]F, refer to 
Catalyst Troubleshooting section of this owner's manual.
    <bullet> 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

[[Page 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


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