Showing posts with label Trump Administration. Show all posts
Showing posts with label Trump Administration. Show all posts

Friday, January 5, 2018

Top 10 stories in 2017 for wood and pellet heating

2017 may not have been the most momentous year for wood and pellet stoves, but every year is full of important stories and these are what we see as the top 10. Think we missed one of 2017's top stories?  Leave a comment.

      1. Wood stove sales lag

Warmer winters and lower fossil fuel prices are likely the main causes of continued sluggish sales of wood stoves and inserts in 2017.  Gas appliances continue to gain in popularity.  The 2015 EPA regulations are rarely cited as contributing to the current malaise in the market, and local restrictions are unlikely to have much of an impact either.  The final weeks of 2017 and first week of 2018 brought arctic temperatures to much of the US, boosting sales of both pellets and stoves.  But will it last?

2. Funding for change out programs rolled back

Whoever thought a motorcycle company would deal a big blow to the stove industry?  To be fair, it had little to do with motorcycles and a lot to do with the Trump Administration wanting to do away with out-of-court air quality violations settlements that allowed polluters to pay part of their fine in programs that improve air quality.  Harley Davidson happened to be the poster child of companies willing to support a change out program, but not allowed to do so by the Trump Administration.  That pipeline of funding, up to 10 million a year, is now cut off, dealing another blow to programs seeking to get people to part ways with their old wood stove, and exchange it for a new pellet, gas or wood stove.

3. Congress – lots of expectation but no action

Three key initiatives – the BTU Act, the NSPS delay and the biomass heater tax credit – did not come to fruition in 2017.  All three initiatives remain in play in 2018, but with each passing month, 2018 will get more consumed by the fall election season. The BTU Act would help the entire biomass thermal energy sector and has some key backers, such as Senator Susan Collins (R-ME). The bills to delay NSPS deadlines by 3 years passed committees, largely on party lines.  With the razor thin majority in the Senate, Democratic support for these initiatives may be more important in 2018.

4. Cordwood test methods are on the rise

The ASTM E3053 cord wood test protocol developed largely by industry members was completed and is now an accepted alternative test method.  However, companies don’t appear to be lining up to use it to certify their stoves.  Meanwhile, NESCAUM is taking the lead in designing what they say is a much more realistic cordwood test method as it takes into account more frequent reloading.  That method appears to have EPA’s interest and may be more likely to be referenced by the federal and/or state governments.

5. The renewable energy movement gains steam, helping pellet systems

Despite a President who champions coal and fossil fuels, the renewable energy movement is gaining ground worldwide.  Automated pellet and chip heating systems are being installed more rapidly in Europe and are gaining wider acceptance in the US.  Pellet stoves and boilers are also becoming more recognized in green building circles.  Campuses, towns, cities and states striving to reduce fossil fuel use usually start with electricity and transition to green heating options. 

6. Anti-wood smoke groups gain legitimacy

In 2017, we saw a rise of clean air groups campaigning for more restrictions on wood stove installation and use.  Some of the core activists emerged years ago when their communities or homes were subjected to excessive smoke from outdoor wood boilers.  In 2017, the focus shifted more to wood stoves, mostly in communities in the West, but to some extent in the Northeast.  Often, tensions rose over lack of enforcement by local jurisdictions who didn’t have the resources, training and/or political will to deal with those creating excessive smoke.  Overall there is a growing recognition that wood smoke is a serious health concern and debates in local and state forums will likely grow in coming years.

7.  Consolidation of stove and pellet plants continues

In the wood and pellet stove world, Hearth & Home Technologies (HHT) did not announce major new acquisitions in 2017, but the company consolidated by moving Quadra-Fire and Vermont Castings production to its Pennsylvania facility.  However, 2017 also saw market share continue to slip away from higher-priced manufacturers like most HHT brands to the lower priced manufacturers that sell from hardware chains.  On the wood pellet front, Lignetics continued its buying spree, finalizing a deal to acquire New England Wood Pellet at the very end of 2017. 

8. DOE co-sponsors Wood Stove Design Challenge

After many years of sitting on the sidelines of thermal biomass, the Department of Energy found an entre in the 2018 Wood Stove Design Challenge.  DOE is providing funding and its PR department is issuing news releases, lending greater credibility and a higher profile to the event.  The competition features automated stoves and stoves that produce electricity to supplement wintertime solar PV output, showcasing new roles that wood stoves could play if they run more reliably cleaner in real world settings.  The competition will also showcase cordwood testing protocols and fossil fuel reductions achievable by wood stoves compared to solar panels.

9. NY, MD and MA recognize efficiency in stove programs

In 2017, three states began using efficiency criteria to determine eligibility in incentive or change out programs.  NY now requires pellet stoves to have verified efficiencies on the EPA list of certified stoves.  MD & MA provide higher incentives for stoves with verified efficiencies, as Oregon does, but with a far simpler formulas.  The rampant practice by most manufacturers of providing misleading and exaggerated efficiency values – a practice not tolerated in other HVAC sectors – motivated these states to act.

10. The new EPA wood heater regulations move forward

OK, 2017 was not a big news year for the new heater regulations, known as the NSPS.  But in 2017 all large forced air wood furnaces were required to be certified (including smaller ones who pretended to be large to evade certification in 2016).  In April, there were only six EPA certified furnaces ranging from 48% to 89% efficiency, now there are 16.  2017 was a pivotal year in that it marked the midpoint between 2015 and 2020, when all heaters must meet stricter emission standards.  And, with each passing month, more heaters become 2020 compliant as manufacturers hedge their bets in case Congress, the Administration or the courts do not derail the 2020 deadline. In 2017, some exciting new innovation hit the market, including automated MF Fire Catalyst, the Optima designed just to burn pressed logs and more coming soon.

Did we miss something?  Post a comment!


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.

Tuesday, April 25, 2017

HPBA gets delay in lawsuit to give Trump Administration time to review


President Trump shaking hands with
his EPA Administrator, Scott Pruitt, a
prominent climate change skeptic.
The Hearth Patio & Barbecue Association (HPBA) moved to delay its lawsuit to allow the Trump administration time to review the settlement proposals that HPBA submitted in 2015 and 2016 and re-evaluate whether some issues can be settled out of court, according to its court filing.  The EPA and the environmental groups who intervened did not oppose the delay. They filed their motion with the US Court of Appeals weeks before they would have had to meet the first filing deadline.

The original suit was consolidated to include challenges from HPBA, the Pellet Fuel Institute (FPI), Tulikivi and Richard Burns and Company. In November 2016, the EPA informed HPBA that it would not continue in settlement talks, but they did reach an amicable settlement with Tulikivi, a masonry heater company that wanted masonry heaters to be a regulated technology under the NSPS. The EPA is seeking additional information with regard to PFI’s lawsuit.

On March 16, 2017, the United States Court of Appeals approved the 90-day delay sought by HPBA and set a new briefing schedule for the parties that plays out through the end of 2017. HPBA must file its brief with the Court on June 26, laying out a final list of issues it intends to litigate. After that, the EPA will respond with its positions on September 26, revealing how it will defend those portions of the regulations.

Less than a month later, the interveners must file their briefs. Interveners include the American Lung Association, Clean Air Council, and the Environment and Human Health, Inc. They are represented by Timothy Ballo of Earthjustice.

HPBA is simultaneously moving a bill in Congress to delay the 2020 provisions of the NSPS by 3 years, which in turn will give the legal proceedings time to play out. Another bill would erase the wood heater NSPS altogether. HPBA does not support this, but some individual boiler and pellet producers support it.

“The Trump Administration is a wild card for all parties in the lawsuit and the Alliance for Green Heat urges all parties to support the core provisions of the NSPS,” said John Ackerly of the Alliance for Green Heat. “For the future of wood heating in the US, we need to protect the transition to cord wood testing and adopt affordable test methods that reflect how consumers use stoves,” Ackerly added.

A blog “Hearth industry lists grounds for lawsuit against EPA” by the Alliance for Green Heat in 2015 laid out more details of the substance and process of the lawsuit. One often overlooked point is that HPBA does not appear to be challenging the 2020 emission standards for wood or pellet stoves, but only for outdoor wood boilers and warm air furnaces.

Petitioners' Brief(s)                               June 26, 2017
Respondent's Brief                                September 26, 2017
Intervenor for Respondent's Brief   October 18, 2017
Petitioners' Reply Brief(s)                  November 8, 2017
Deferred Appendix                               November 15, 2017
Final Briefs                                             November 22, 2017