EPA urges manufacturers to stick to May 2020 compliance deadline; says its working towards a cordwood test method rulemaking

On October 15 the EPA provided an update on its wood heater website page urging “affected entities to continue efforts to certify compliance with the NSPS in light of the upcoming May 15, 2020, compliance date.” According to NSPS legal experts, the EPA sometimes issues such updates to provide more transparency when stakeholders need certainty due to an approaching deadline.  

[March 11, 2020 update: The EPA finalized amendments to the 2015 NSPS and did not provide a retailer sell-through.  They did remove pellet fuel minimum requirements but retained the list of prohibited fuels in the 2015 NSPS.]

The October 2019 update is widely interpreted to mean that there will be no sell-through for whole house heaters or any other significant changes in the regulations issued by the EPA in 2015. However, the details of any changes to the 2015 rules will come later this fall when the EPA issues the Final Rule.  

The news was welcomed by the Alliance for Green Heat and many stakeholders, including manufacturers and importers of wood heaters who have invested in R&D and retesting of their heaters that comply with May 2020 emission standards.   Nearly 200 models of wood and pellet heaters are certified to the 2020 standards and virtually all stove companies say they will be ready for May 2020.  Some include innovative designs that achieved emission levels that are six times cleaner than the maximum allowed in 2020.

The sectors of the wood heater industry that most needed a sell-through are the outdoor wood boiler and indoor forced-air furnace makers, both of whom are represented by the trade group Hearth, Patio and Barbecue Association (HPBA).  HPBA’s strategy of seeking relief from Congress and the Administration appear to have fallen through, leaving its litigation against the EPA as the most viable channel for relief.  But that relief will likely not occur before May 2020.

Test methods

 

A Canadian company who never
had an EPA certified heater
saw a new market open up
for their AirBilo Furnace.

Much of the EPA’s update addressed test methods, and the EPA noted that a newly approved broadly applicable alternative test method for furnaces “may facilitate the ability of manufacturers” of furnaces to comply by May 2020.  This is not the type of relief sought by HPBA, and it’s not yet known if many other furnaces will use this test method for certification.  However the EPA puts it in the context of providing some relief.  It was given to a Canadian company mostly known for maple syrup boilers, but who also makes a very affordable forced air furnace.

The EPA used this update to message that it is already moving on to the next proposed rulemaking, which will be on cordwood test methods.  The update said, “in the coming months, the agency is initiating a series of roundtable discussions with states and other stakeholders to inform the agency’s direction toward a cord wood-based compliance test method.”  In March 2016, the EPA laid out a process for developing improved cordwood test methods. By statute, the next NSPS should be in 2023 but the EPA could issue this rule making earlier.  AGH believes the next NSPS should not focus on reducing allowable PM without first modernizing test methods to ensure heaters are designed for real world use.

Part of the HPBA’s litigation focused on an agency decision to set a 2.5 gram an hour emission standard before setting a test method to meet that standard. Subsequently, an industry led ASTM committee developed the E3053 test method which has become a commonly used method along with the standard crib wood method that has been in use since the late 1980s.   The ASTM method is being widely used now but came under scrutiny by the EPA because of lax reporting by labs using the method.

NESCAUM is developing "Integrated
Dute Cycle" protocols based on the
way stoves are used by consumers.

Since the ASTM method became a “broadly acceptable” alternative test method, NESCAUM has dedicated substantial resources on a broad and ambitious effort to develop a range of new test methods for stoves, boilers and furnaces, as well as for pellet heaters.  The NESCAUM effort is partially funded by NYSERDA and the process and data is not fully public but ultimately it could provide the largest database of cordwood testing ever compiled to develop a North American test method.  Since test methods need to be data driven, this process may give these NESCAUM protocols an entry point and will challenge others to develop or make public data that can lead to a better protocol.