EXHIBIT D 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

AMERICAN LUNG ASSOCIATION, et al. 

 Plaintiffs, 

 and 

HEARTH, PATIO & BARBECUE 

ASSOCIATION, 

Proposed Plaintiff-Intervenors, 

 v. 

GINA MCCARTHY, in her official capacity as 

Administrator, U.S. Environmental Protection 

Agency, 

 Defendant. 

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No. 13-cv-1555 (GK) 

DECLARATION OF FRANK L. MOORE

I, Frank L. Moore, declare under penalty of perjury as follows: 

1. I am the President and Co-Owner of Hardy Manufacturing Company, Inc. 

(“Hardy”). I make this Declaration based on my personal knowledge in support of the Hearth, 

Patio & Barbecue Association’s (“HPBA”) Motion to Intervene as a Plaintiff in this litigation. 

2. Hardy is a member of HPBA. Hardy was the first manufacturer of outdoor woodfired hydronic heaters (“OWHHs”), and it remains the leading manufacturer of such products. 

Hardy began selling OWHHs in 1980, and it received a patent for its OWHH technology in 

1982. OWHHs are Hardy’s primary product offering. 

3. I have served as President of Hardy since 1989. In that capacity, I am familiar 

with the nature and activities of Hardy regarding the production and sales of outdoor wood-fired 

hydronic heaters. An engineer by trade, I have continually been involved in developing new 

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outdoor heating products, including testing materials, exploring new concepts, and monitoring 

technological advances. 

4. In addition to serving as the President of Hardy, I was the chairman of HPBA’s 

OWHH Caucus for several years during the early 2000s. I also served as the original chair of an 

ASTM International subcommittee tasked with developing a test protocol for OWHHs. 

5. For many years, HPBA’s OWHH Caucus has urged EPA to establish new source 

performance standards for OWHHs under Section 111 of the Clean Air Act. Specifically, in 

September 2007, HPBA’s OWHH Caucus sent a letter to EPA indicating that its members, 

including Hardy, would unanimously support such an effort by EPA. A copy of that letter is 

attached hereto as Attachment A. In that letter, the Caucus provided several reasons for 

supporting such standards. In particular, the Caucus emphasized the need for nationally uniform 

standards that apply to OWHHs. In the absence of uniform EPA standards, OWHH 

manufacturers and purchasers have, at times, faced local bans on OWHHs. OWHH 

manufacturers also must comply with numerous state regulations (e.g., in New England states, 

New York, Pennsylvania, Maryland, and Indiana) that establish differing requirements, including 

in some cases the need to obtain state-level certifications, that add delays and costs to efforts to 

commercialize products. Many of these regulations were promulgated in the past several years, 

and could potentially have been avoided if uniform national standards had been in existence. 

6. Moreover, additional state rules could be issued in the future in an effort to 

continue filling the void left by the lack of EPA standards. As an example, the Alaska 

Department of Environmental Conservation recently proposed regulations to establish state 

emission standards for new wood stoves and other wood heating devices within the Fairbanks 

North Star Borough. The need to participate in state and local proceedings for the adoption of 

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these rules, in order to attempt to achieve national uniformity of standards, also implicates 

additional costs. In addition to the risk of new states and local jurisdictions entering the fray, 

there is also a risk that the states that have already regulated outdoor OWHHs could go back to 

the well and try to impose more stringent standards. 

7. Uniform national standards are important for Hardy in making decisions to invest 

in capital equipment, develop new products, and make long range planning decisions. Lack of 

uniformity would make it very inefficient and costly for Hardy to do business. 

8. The uncertainty regarding the timing and nature of EPA regulations has also had a 

substantial negative impact on Hardy’s business. I have already pointed out that lack of 

knowledge about the stringency of new standards and their compliance dates has understandably 

inhibited planning and investments and developing new products. In addition, Hardy’s sales 

have gone down by approximately 60% in recent years, which has cost the company several 

millions of dollars. Although much of this downturn in sales is attributable to economic 

conditions generally and the much higher costs of new models that have been developed to meet 

state regulatory requirements, I believe that it is also attributable to the hesitance of Hardy’s 

customers to buy OWHHs before EPA puts uniform standards in place. While any new 

standards would not be expected to be applied to appliances that are sold before the passage of 

the standards, customers generally do not understand this, and they are reluctant to spend 

significant amounts of money on a new product in the face of regulatory uncertainty. Should 

EPA, however, move forward and establish clear, uniform standards, that will give customers in 

the marketplace the certainty they need to make purchasing decisions. 

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I declare under penalty of perjury that the foregoing is true and correct. Executed on October 31, 

2013. 

Frank L. Moore 

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ATTACHMENT A 

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