I 

113TH CONGRESS 

2D SESSION H. R. 4407 

To require the Administrator of the Environmental Protection Agency to 

set reasonable limits on the stringency and timing of proposed regulations 

for new residential wood heaters, new residential hydronic heaters, new 

forced-air furnaces, and new residential masonry heaters, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2014 

Mr. LUETKEMEYER (for himself and Mr. HARPER) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Administrator of the Environmental Protection Agency to set reasonable limits on the stringency 

and timing of proposed regulations for new residential 

wood heaters, new residential hydronic heaters, new 

forced-air furnaces, and new residential masonry heaters, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wood Stove Regulatory 

5 Relief Act of 2014’’. 


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1 SEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEAT2 ERS, NEW RESIDENTIAL HYDRONIC HEATERS, 

3 NEW FORCED-AIR FURNACES, AND NEW RESI4 DENTIAL MASONRY HEATERS. 

5 (a) PROHIBITION.—During the period specified in 

6 subsection (c), the Administrator may not finalize, issue, 

7 implement, or enforce any rule described in subsection (b) 

8 unless such rule meets the requirements described in sub9 section (d). 

10 (b) RULES.—Subsection (a) applies with respect to— 

11 (1) the proposed rule entitled ‘‘Standards of 

12 Performance for New Residential Wood Heaters, 

13 New Residential Hydronic Heaters and Forced-Air 

14 Furnaces, and New Residential Masonry Heaters’’ 

15 published at 79 Fed. Reg. 6330 (February 3, 2014) 

16 or any successor or substantially similar rule; and 

17 (2) any other rule under section 111 of the 

18 Clean Air Act (42 U.S.C. 7411) that is applicable to 

19 any new source that is a residential wood heater, a 

20 residential hydronic heater, a forced-air furnace, or 

21 a residential masonry heater. 

22 (c) APPLICABILITY.—This Act applies during the 8- 

23 year period beginning on the date of enactment of this 

24 Act. 

25 (d) REQUIREMENTS.— 


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1 (1) NUMERIC EMISSION LIMITS.—During the 

2 period specified in subsection (c), in finalizing or 

3 issuing any rule described in subsection (b), the Ad4 ministrator may not establish a particulate matter 

5 emissions limit— 

6 (A) for adjustable rate wood heaters or 

7 pellet heaters/stoves that were, on or before the 

8 effective date of the rule, certified as being in 

9 compliance with any applicable standard of per10 formance for particulate matter, that is less 

11 than 4.5 grams of particulate matter per hour; 

12 (B) for all other adjustable rate wood heat13 ers, single burn rate wood heaters, or pellet 

14 heaters/stoves, that is less than 4.5 grams of 

15 particulate matter per hour; 

16 (C) for any residential hydronic heater, 

17 that is less than 0.32 pound per million British 

18 thermal unit heat output as measured under 

19 ASTM E2618–13 ‘‘Standard Test Method for 

20 Measurement of Particulate Emissions and 

21 Heating Efficiency of Solid Fuel-Fired 

22 Hydronic Heating Appliances’’ using either 

23 cordwood or cribs; or 


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1 (D) for any forced-air furnace, that is less 

2 than 0.93 pound per million British thermal 

3 unit heat output. 

4 (2) TRANSITION PERIOD.—During the period 

5 specified in subsection (c), in finalizing or issuing 

6 any rule described in subsection (b), the Adminis7 trator shall— 

8 (A) with respect to a residential wood 

9 heater that was certified on or before the effec10 tive date of the rule by the Administrator as in 

11 compliance with any applicable emissions limit 

12 in effect prior to the date of enactment of this 

13 Act— 

14 (i) provide that such certification shall 

15 remain valid until the date that is five 

16 years after such heater was certified; and 

17 (ii) permit any such heater to be man18 ufactured and sold at retail until the date 

19 that is five years after such heater was 

20 certified; 

21 (B) with respect to a forced-air furnace— 

22 (i) except as provided in clause (ii)— 

23 (I) that is manufactured on or 

24 before the effective date of such rule, 

25 permit such forced-air furnace to be 


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1 sold at retail for a period of at least 

2 one year after such effective date; or 

3 (II) that is manufactured after 

4 the effective date of such rule, not re5 quire such forced-air furnace to meet 

6 any applicable particulate matter 

7 emissions limit set forth in such rule 

8 until the date that is at least one year 

9 after such effective date; or 

10 (ii) that was tested under Canadian 

11 Standards Administration B415.1–10 test 

12 protocol on or before the effective date of 

13 the rule and met a particulate matter 

14 emissions limit of 0.93 pound per million 

15 British thermal unit heat output, permit 

16 such forced-air furnace to be manufactured 

17 and sold at retail for a period of five years 

18 after such effective date; and 

19 (C) with respect to a hydronic heater 

20 that— 

21 (i) is a qualified model, deem such 

22 hydronic heater to be certified as in com23 pliance with any otherwise applicable emis24 sions limit under such rule for the duration 

25 of the period it would be considered a 


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1 qualified model, but in no case for a period 

2 of less than 3 years beginning on the effec3 tive date of such rule; or 

4 (ii) is not a qualified model and that 

5 is manufactured on or before the effective 

6 date of such rule, permit such hydronic 

7 heater to be sold at retail for a period of 

8 at least one year after such effective date. 

9 (3) CERTIFICATION PROCEDURES.— 

10 (A) INDEPENDENT ACCREDITED THIRD

11 PARTY TESTING AND CERTIFICATION.—During 

12 the period specified in subsection (c), in final13 izing or issuing any rule described in subsection 

14 (b), the Administrator shall provide that certifi15 cations of compliance with any applicable emis16 sions limit under such rule be issued by inde17 pendent third party laboratories accredited as 

18 certification bodies under ISO/IEC 17065, 

19 based on testing performed by the certification 

20 body or another laboratory accredited under 

21 ISO/IEC 17025 to perform certification testing. 

22 (B) LIMITED ROLE OF EPA.—During the 

23 period specified in subsection (c), in finalizing 

24 or issuing any rule described in subsection (b), 

25 the Administrator shall provide that the EnviVerDate Mar 15 2010 22:44 Apr 05, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4407.IH H4407

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1 ronmental Protection Agency’s role in any cer2 tification or auditing process provided in such 

3 rule shall be limited to conducting selective au4 dits of the testing, certification, and quality as5 surance/quality control functions performed by 

6 certification bodies or test laboratories that are 

7 accredited by the ISO. 

8 (e) DEFINITIONS.—In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) ISO.—The term ‘‘ISO’’ means the Inter13 national Organization for Standardization. 

14 (3) ISO/IEC 17025.—The term ‘‘ISO/IEC 

15 17025’’ means the International Organization for 

16 Standardization/International Electrotechnical Com17 mission standard number 17025. 

18 (4) ISO/IEC 17065.—The term ‘‘ISO/IEC 

19 17065’’ means the International Organization for 

20 Standardization/International Electrotechnical Com21 mission standard number 17065. 

22 (5) NEW SOURCE.—The term ‘‘new source’’ has 

23 the meaning given such term in section 111(a)(2) of 

24 the Clean Air Act (42 U.S.C. 7411(a)(2)). 


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1 (6) STANDARD OF PERFORMANCE.—The term 

2 ‘‘standard of performance’’ has the meaning given 

3 such term in section 111(a)(1) of the Clean Air Act 

4 (42 U.S.C. 7411(a)(1)). 

5 (7) QUALIFIED MODEL.—The term ‘‘qualified 

6 model’’ means, with respect to a hydronic heater, a 

7 model that had been shown to meet performance lev8 els established by the Administrator under a vol9 untary partnership program in effect prior to the 

10 date of enactment of this Act. 

Æ 


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