Showing posts with label Pruitt. Show all posts
Showing posts with label Pruitt. Show all posts

Thursday, April 26, 2018

Trump Administration to change Obama era wood stove and boiler emission regulations

Delaying or weakening emission regulations will impact thousands of communities nationwide

The EPA is “taking steps to provide relief to wood heater manufacturers and retailers” according to a statement released by the EPA.  The EPA expects to issue a proposed rule this spring that could potentially weaken parts of the regulations enacted under the Obama administration.

January 2019 update: The EPA has proposed giving a 2-year sell through for wood boilers and furnaces, allowing manufacturers to make and sell Step 1 units right up until May 2020.  Those units could then be sold through May 2022 by manufacturers directly or by retailers. Attorney Generals from seven states filed comments saying the EPA did not have the legal authority to provide such sell-throughs, portending a legal fight.

March 2020 update: The EPA issued its final rule and decided not to provide any sell-through periods for any class of wood heater.

The April 2018 move to provide relief is supported  by companies such as Central Boiler, the largest outdoor wood boiler manufacturer in North America, who has been aggressively lobbying to delay and weaken the standards that were to come into effect in 2020. But to some smaller companies who have already invested in the R&D to meet the stricter 2020 standards, the EPA announcement undermines the significant investment they’ve made in designing cleaner and more efficient wood heaters. 

Thousands of cities, towns and communities are impacted by excessive wintertime levels of wood smoke, posing health risks and undermining support for an iconic renewable energy technology.

It is widely expected that part of the relief that EPA will be providing to industry is a three-year delay in the emission standards that were  set to take effect in June 2020.  Republicans in the House of Representatives had already passed legislation for a three-year delay, but the Senate has not.  A court filingby the EPA said that it “intends to take final action on this first proposed rule by this fall,” and that would allow manufacturers to slow down their R&D and certification testing.

But the EPA can pick and choose which parts of the Obama era wood heater regulations that it wants to rewrite and they say they will issue a series of federal register notices asking stakeholders for comment and input on substantive issues.  Experts believe that a statement released by the EPA indicate that emission test methods are being considered. 

Environmental groups, industry and the EPA have been wanting to move away from testing and certifying wood stoves with crib wood – 2x4s and 4x4s – which has been the standard testing fuel since the first set of wood stove regulations in 1988.  All parties want to switch to using cordwood, the fuel used by homeowners, recognizing that stoves have been fine tuned to run better on crib wood, rather than cordwood.  This has resulted in stoves that may run at 4 grams an hour of smoke in the lab, but may be 10 grams an hour or more in the hands of homeowners. In a statement this week, the EPA said it is concerned that its regulation“may not be achieving the environmental benefits it was supposed to provide.”  

The EPA appears likely to accelerate the transition to testing with cordwood but industry seems to favor an ASTM cordwood test method while some states and others are developing a new method that reflects how stoves are used by homeowners.  This method, call the Integrated Duty Cycle (IDC) method is still in draft form and is a drastic departure from the traditional way that stoves have been tested since the 1988.  

The EPA could also decide to weaken emission limits for wood boilers, which would primarily benefit the outdoor wood boiler industry led by Central Boiler.  

Since the 2015 regulations went into effect, scores of wood and pellet stoves and boilers have been tested to meet the 2020 standards and most prices have not gone up significantly.  The 2015 regulations began a process of requiring that manufacturers test and report their efficiencies, and delaying the 2020 deadline would set back efficiency disclosures, harming the ability of consumers to choose more efficient appliances. 

States are allowed to set stricter standards but not looser ones, and if the EPA were to weaken the federal rule too much, some states could either stick to the original standards set by the Obama administration in 2015 or develop new ones. States like New York, Oregon, Vermont and Washington are already battling long-term wood smoke problems and have started to chart their own course for wood heater regulations. If several states adopted a different cordwood test method or stricter emission standards, they could have a “California effect” of moving the entire market.

“We are very concerned that the Trump Administration  may weaken consumer and environmental protections for wood stoves,” said John Ackerly, President of the Alliance for Green Heat, an independent non-profit that promotes cleaner and more efficient residential wood heating. “Wood and pellet stoves are vital to help families affordably reduce fossil heating fuels, but we can’t move this technology forward unless they can burn cleaner in people’s homes,” he said. 

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

Friday, June 30, 2017

HPBA lawsuit extended again in hopes of renewed talks with EPA

The US Court of Appeals for the DC Circuit agreed to yet another extension to the lawsuit brought by the Hearth Patio & Barbecue Association (HPBA) and the Pellet Fuel Institute (PFI) against portions of the EPA’s 2015 residential wood heater regulations.

HPBA “hopes to be back in talks with the EPA” said Rachel Feinstein, Government Affairs Manager for HPBA. In the motion requesting the extension, HPBA explained that talks between them and HPBA had broken down under the Obama Administration, but after Trump's election, HPBA is again “attempting to discuss with DOJ and EPA whether the agencies are willing to engage in further discussions concerning the Rule.”

The Trump Administration has been re-opening rule making on many regulations, but some observers say it will likely be an uphill battle for the hearth industry because the EPA is already contending with many higher profile rules. In addition, even if the EPA were to agree to review parts of the NSPS, the rule would have to go through the notice and comment process that can take 1 to 3 years, at which point there could be a new President and a new head of the EPA.

The EPA can revise regulations at any point, with or without a pending lawsuit. It can commit to a new rule making process on selected parts of the NSPS, but it cannot necessarily guarantee any particular outcome. In cases of voluntary remand, petitioners can also lose their right to appeal.

If the case goes to court in 2018, the outcome partially depends on which panel of judges get appointed to the case and the result could be more unpredictable and potentially more favorable to the groups that intervened in the suit – the American Lung Association, the Clean Air Council and Environment and Human Health. If the case goes to court, the best outcome for HPBA would likely be a settlement agreement that puts part of the NSPS on hold until another rule making is complete.

HPBA and PFI now have until August 25 to file their brief laying out their grievances with the new regulations. HPBA is not challenging the requirement that when tested with cribwood, wood stoves must emit no more than 2 grams an hour as of 2020. This means that all stove manufacturers remain under this deadline to retest their stoves to achieve 2 grams an hour or less under the revised test method. All stoves that tested at 2 or under prior to May 15, 2015 still have to retest to be compliant with the 2020 limits. 

HPBA is challenging the requirement that if a stove is voluntarily tested with cordwood, it must achieve 2.5 grams per hour or less. HPBA asserts that since there is not yet an approved test method, it was premature for the EPA to set an emission limit. HPBA is also challenging emission limits for wood and pellet boilers and furnaces.