Consistent with the current ICR for subpart AAA, we have included costs to manufacture and apply permanent labels (for all models) on each applicable unit prior to sale. These labels provide important compliance information to enforcement officials.
      Test laboratories that want to conduct NSPS certification testing would need to apply for accreditation, conduct initial and biennial proficiency testing and report the results of all such testing. Accredited test laboratories would also be required to participate in a random audit compliance program. Finally, the accredited laboratories must maintain records of all certification tests, proficiency tests and random compliance audit test data.
      The required notifications are used to inform the agency when a new model line is expected to be tested. The EPA may then observe the testing operation, if desired. Emissions test reports are needed as these are the agency's record of a model line's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved.
      Adequate recordkeeping and reporting are necessary to ensure compliance with these standards as required by the CAA. The information collected from recordkeeping and reporting requirements is also used for targeting inspections and is of sufficient quality to be used as evidence in court. As discussed earlier, we have reviewed all the current requirements and are proposing to remove the portions of the recordkeeping that are not necessary.
      The estimated burden for proposed subpart AAA is based on an estimated 72 respondents (66 manufacturers and 6 testing laboratories) that would be subject to the rule. The number of total annual responses for subpart AAA is estimated at 265. The annual burden for this information collection averaged over the first 3 years of this ICR is estimated to be a total of 6,489 labor hours per year at a total labor cost of $516,188 per year. The ICR estimates that capital and the associated operation and maintenance (O&M) costs for these systems would be $1,452,177 per year. The average annual labor burden per response is 24 hours.
      The estimated burden for proposed subpart QQQQ is based on an estimated 41 respondents (37 manufacturers and 4 testing laboratories) that would be subject to the rule. The number of total annual responses for subpart QQQQ is estimated at 67. The annual burden for this information collection averaged over the first 3 years of this ICR is estimated to be a total of 2,134 labor hours per year at a total labor cost of $169,745 per year. The ICR estimates that capital and operation and maintenance (O&M) costs would be $715,796 per year. The average annual labor burden per response is 32 hours.
      The estimated burden for proposed subpart RRRR is based on an estimated 48 respondents (45 manufacturers and 3 testing laboratories) that would be subject to the rule. The number of total annual responses for subpart RRRR is estimated at 108. The annual burden for this information collection averaged over the first 3 years of this ICR is estimated to be a total of 2,044 labor hours per year at a total labor cost of $162,589 per year. The ICR estimates that capital and operation and maintenance (O&M) costs would be $89,037 per year. The average annual labor burden per response is 19 hours. Burden is defined at 5 CFR 1320.3(b).
      An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.
	To comment on the agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, the EPA has established a public docket for this rule, which includes this ICR, under Docket ID number EPA-HQ-OAR-2009-0734. Submit any comments related to the ICR to the EPA and OMB. See ADDRESSES section at the beginning of this notice for where to submit comments to the EPA. Send ICR-related comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], a comment to OMB is best assured of having its full effect if OMB receives it by [INSERT DATE 30 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal.
      C. Regulatory Flexibility Act
      The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations and small governmental jurisdictions.
      For purposes of assessing the impacts of this proposed rule on small entities, small entity is defined as: (1) a small business that is primarily engaged in manufacturing heating equipment (except electric and warm air furnaces), such as heating boilers (heaters), heating stoves, floor and wall furnaces, and wall and baseboard heating units, as defined by NAICS code 333414 with fewer than 500 employees, or is primarily engaged in manufacturing air-conditioning and warm air heating equipment as defined by NAICS code 333415 with fewer than 750 employees, or is primarily engaged in masonry contracting, as defined by NAICS code 238140 with annual receipts less than 14 million dollars (based on Small Business Administration size standards); (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
       Pursuant to section 603 of the RFA, the EPA prepared an initial regulatory flexibility analysis (IRFA) that examines the impact of the proposed rule on small entities along with regulatory alternatives that could reduce that impact. The IRFA contained within the RIA for this proposed rule is available for review in the docket and is summarized below:
         *    Reason Why Action Is Being Considered. As discussed earlier in this preamble, this proposal was developed following CAA section 111(b)(1)(B) review of the existing residential wood heater NSPS.
    Statement of Objectives and Legal Basis of Proposed Rule. As discussed earlier in this preamble, the EPA is proposing to amend Standards of Performance for New Residential Wood Heaters and to add two new subparts: Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces and Standards of Performance for New Residential Masonry Heaters. This proposal would achieve several objectives, including applying updated emission limits that reflect BSER; improving coverage of the broad suite of residential wood heaters; improving the test methods; and streamlining the certification process. This proposal does not include any requirements on heaters that are solely fired by gas or oil. This proposal does not affect existing heaters. This proposal was developed under the authority of CAA section 111.
    Description and Estimate of the Number of Small Entities. As discussed earlier in this preamble, small entities that the EPA anticipates being affected by this proposal would include almost all manufacturers of residential wood heaters. We estimate that roughly 250 - 300 U.S. companies manufacture residential wood heaters. We believe that approximately 90 percent of these manufacturers meet the SBA small-entity definition of having fewer than 500 employees.
           *    Description of reporting, recordkeeping and other compliance requirements. The reporting and recordkeeping requirements are described in the section immediately above (B. Paperwork Reduction Act). As discussed there, the information collection requirements (ICR), including reporting and recordkeeping, in this proposed rule have been submitted for approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. For subpart AAA, we estimated the potential annual burden averaged over the first 3 years of the ICR to be a total of 6,489 labor hours per year at a total labor cost of $516,188 per year and an average annual labor burden per response of 24 hours. For subpart QQQQ, we estimated 2,134 labor hours per year at a total labor cost of $169,745 per year and an average annual labor burden per response of 32 hours. For subpart RRRR, we estimated 2,044 labor hours per year at a total labor cost of $162,589 per year and an average annual labor burden per response of 19 hours.
         *    Description of other compliance requirements. As described earlier in this preamble, this proposal would apply updated emission limits that reflect the current best systems of emission reduction and improve the coverage of the expanded variety of types of residential wood heaters. We estimate the proposed NSPS's total annualized average nationwide costs would be $15.7 million ($2010) over the 2014 through 2022 period. The economic impacts for industries affected by this proposed rule over this same period range from 4.3 percent for manufacture of wood heater/stove models to as much as an 6.4 percent compliance cost-to-sales estimate for manufacture of single burn rate wood heater models. These impacts do not presume any pass-through of impacts to consumers. With pass-through to consumers, these impact estimates to manufacturers will decline proportionate to the degree of pass-through. We estimate that small entities will have annualized costs of greater than 1 percent of their sales in all industries except NAICS 332510, 333414 and 423720 with fewer than 20 employees, and NAICS 236115, 238140 and 442299 with receipts less than $10 million. Those establishments in NAICS 332510, 333414 and 423720 with cost-to-receipt ratios higher than 1 percent account for 80 percent of small entities affected in these industries. Establishments in NAICS 236115, 238140 and 442299 with cost-to-receipt ratios higher than 1 percent account for 99 percent of small entities affected in these industries.
    Relevant federal rules that may overlap or conflict with this proposal. There are no other relevant federal rules.
    Significant alternatives. The significant alternatives to this proposal, especially those that might minimize potential impacts on small entities, are presented in the remainder of this section.
       As required by section 609(b) of the RFA, as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), the EPA also convened a Small Business Advocacy Review Panel to obtain advice and recommendations of representatives of the small entities that potentially would be subject to the rule's requirements. The following paragraphs describe the process, the type of small entity representatives, the outreach efforts and the Panel members.
      Even before beginning the formal SBREFA process, the EPA actively engaged in outreach with HPBA and many of their member companies to discuss the rule under development and to provide these contacts with an early opportunity to ask questions and discuss their concerns. The EPA provided each small business with general information on the SBREFA process and background information on the NSPS rulemaking process and current schedule.
      Based on consultations with the Small Business Administration, and resulting from solicited self-nominations, we prepared a list of 30 potential Small Entity Representatives (SERs), from residential wood heating appliance manufacturers (wood heaters, pellet heaters/stoves, hydronic heaters, forced-air furnaces and masonry heaters), other wood-burning appliance manufacturers (fireplaces, cookstoves), equipment suppliers, chimney sweeps, test laboratories, masons and trade associations. Once the pre-Panel process began and potential SERs were identified, the EPA held an outreach meeting with the potential SERs and invited representatives from the Office of Advocacy of the Small Business Administration (OA/SBA) and the Office of Information and Regulatory Affairs within the Office of Management and Budget (OIRA/OMB) on June 29, 2010, to solicit their feedback on the upcoming proposed rulemaking. Representatives from 26 of the 30 companies and organizations that we selected as potential SERs for this SBREFA process participated in the meeting (in person and by phone). At that meeting, the EPA solicited written comments from the potential SERs, which were later summarized and shared with the panel as part of the convening document.
       The SBAR Panel convened on August 4, 2010. The panel consisted of representatives of the EPA, OA/SBA and OIRA/OMB. The panel held a formal outreach meeting/teleconference with the SERs on August 25, 2010. To help the SERs prepare for this meeting, on August 11, 2010, the panel sent a list of questions, preliminary cost information and other materials to each of the SERs via email. Additional materials were emailed to the SERs on August 19, 2010. The panel provided the opportunity for questions and comment during the meeting on various aspects of the proposal being developed, including the expanded scope of the rule, changes to the current requirements under consideration, preliminary cost information and follow up from the June 29, 2010, meeting on the SERs' ideas for regulatory flexibility. During the August 25 meeting, SERs voiced general support for the planned proposed rule and shared specific concerns with the Panel members. As a result of this meeting, the EPA received many useful verbal comments, and the EPA received many helpful written comments by September 10, 2010.
       Consistent with the RFA/SBREFA requirements, the panel evaluated the assembled materials and small-entity comments on issues related to elements of the IRFA. A copy of the panel final full report is included in the docket for this proposed rule. We invite comments on the report. A summary of the panel recommendations is presented below. We have attempted to follow the panel's recommendations to the degree we can while also ensuring that the options are practicable, enforceable, environmentally sound and consistent with the CAA. For those recommendations not adopted by the Agency, we have included an explanation for why we rejected them.
       Many of the SERs and the Panel had concerns about the breadth of this rulemaking and the challenges the EPA faces in conducting rulemaking for all of these source categories at one time and the challenges that the small businesses will face in having to comply with standards for all of these source categories at one time. The panel recommended that the EPA should consider focusing efforts first on emissions sources that have the greatest potential to impact public health through the magnitude of emissions and population exposure. The EPA has focused our efforts. The panel noted the adverse effects of the 1988 NSPS on numerous wood heater/stove manufacturers, and the need to carefully develop a rule that will minimize business closures, while still achieving significant emission reductions. All panel members believed that the EPA had adequate information to move forward with developing revisions that apply to the residential wood heater categories that are already regulated by the 1988 NSPS. However, two panel members recommended that the EPA Administrator consider taking more time to collect additional information to better determine BSER for the certified wood heater category. They concluded that the EPA did present to the panel enough information to justify regulation of this category, but the EPA did not adequately inform the SERs about the other categories. These two panel members believed it was unclear whether adoption of a more stringent standard for new sources will slow the adoption of new, cleaner burning heaters, potentially delaying improvements in air quality. The two panel members further believed, based on the information available from the EPA and the SERs at that time, that they could not conclude that a nationwide NSPS limit on the other categories would be the preferred approach for reducing wood heater emissions.
      Following the Panel's convening on August 4, 2010, the EPA collected additional information, and we refined the economic and technical analyses based, in part, on input from the SERs as the basis for this proposal. The panel recommended that the EPA Administrator consider assessing the availability of data to better characterize each source category prior to considering proposal of standards. In particular, the panel recommended that the EPA consider characterizing the emissions per unit, operating hours per year, and the distribution of emissions across the unit types within each category under discussion at that time to better understand the magnitude of emissions reductions that may or may not be reduced through alternative regulatory and non-regulatory mechanisms. As discussed earlier, the EPA has considered such characterizations and alternatives.
      The following is a list of panel recommendations and how we incorporated them into this proposal:
 The Panel recommended that the EPA should consider focusing efforts first on emissions sources that have the greatest potential to impact public health through the magnitude of emissions and population exposure. This proposal focuses on those sources.
 The Panel encouraged the EPA to consider flexibilities that will most directly minimize the small business burdens, for example delayed compliance dates for low volume production. The delayed compliance approach was predicated on the concept that it will take a number of years for manufacturers to recover the costs of the R&D investment in order to achieve compliance. This proposal has incorporated a stepped approach for emission limits and asks for comments on other alternative approaches.
 The Panel recommended that the EPA consider the availability and feasibility of certification, testing labs, testing standards and other requirements. In particular, the Panel recommended that the EPA consider ways to streamline compliance certification, identifying flexible approaches and procedures that will reduce the burden and time for manufacturers to complete the application, testing and approval process for new model lines. For example, the Panel recommended that the EPA consider allowing the use of International Standards Organization (ISO)-accredited laboratories and certifying bodies to expand the number of facilities that would be required for testing and certification of the new residential solid biomass combustion appliances. Additionally, the Panel recommended that the EPA consider different compliance time frames for different product categories to reduce the potential for logjams at test labs and the overall impact on companies that manufacture multiple categories. This proposal includes stepped emission limits for different categories and adds ISO-accredited laboratories and certifying bodies to increase the availability of laboratories and certifiers. Further, this proposal asks for specific comments on the schedules.
 The Panel recommended that the EPA continue to allow manufacturers to test a representative unit for a model line rather than testing and reporting results for each individual unit. This proposal continues to allow that.
 The Panel recommended that the EPA consider emphasizing that the NSPS will address only new units. This proposal does so.
 In the Panel Report, SBA and OMB recommended that the EPA not move forward with proposed emission limits for pellet stoves, indoor hydronic heaters, biomass pellet stoves, masonry heaters, masonry fireplace kits, site-built masonry fireplaces, coal stoves, cook stoves, bake ovens (including Native American Traditional Bake Ovens), camp stoves, outdoor fireplaces and chimineas. This proposal establishes emission limits for pellet stoves, which are at the same level as the proposed wood stove/heater standards and thus do not impose substantial compliance costs. The masonry heater industry asked for a standard and this proposal is responsive to that request. Indoor hydronic heaters are addressed because of the magnitude of their emissions and because their control is justified on BSER and cost-benefit grounds.  The remainder of the appliances listed above are not included in this proposal.
 In the panel report, SBA and OMB recommended that "where EPA estimates that the nationwide emissions are less than 300 tons per year (or some other value)... the EPA Administrator should consider options of not issuing an NSPS but rather consider allowing Regions and States to control such sources and consider other efforts, including voluntary standards to lower emissions." EPA could not find a legal or policy justification for this arbitrary cutoff and it is not included in this proposal. Further, the EPA does not agree with this recommendation, especially considering the strong recommendations by many states that the EPA regulate all residential wood heaters as soon as possible to provide another tool to help them with their efforts to reduce wood smoke emissions. As stated elsewhere in this proposal, the EPA is not proposing standards at this time for biomass pellet heater/stoves that are designed to only combust biomass other than wood, bake ovens, fireplaces, coal-only stoves, chimineas, ceremonial fires and commercial pizza ovens.
 Two panel members recommended that if the EPA decides to later pursue regulation of categories other than certified wood heaters, the EPA should convene another panel to address those categories at the appropriate time. The EPA does not agree with this recommendation for residential wood heaters because the EPA believes that the SERs already had multiple opportunities to address those categories. Furthermore, the EPA has conducted numerous meetings after the panel process was completed to provide much additional information (e.g., technical discussions of refined alternatives) and updates to stakeholders including the SERs and other small businesses and other interested parties.
       As noted earlier, a copy of the panel final full report is included in the docket for this proposed rule. We invite comments on the report and on all aspects of the proposal and its impacts on small entities.
      D. Unfunded Mandates Reform Act
	This proposed rule contains no federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 that may result in expenditures of $100 million or more for state, local or tribal governments, in the aggregate, or to the private sector in any 1 year. This proposed action imposes no enforceable duty on any state, local or tribal governments. The nationwide annualized average compliance cost of this proposed rule for directly affected appliances is $15.7 million/yr in the 2014-2022 timeframe (2010 dollars). Therefore, this proposed rule would not be subject to the requirements of sections 202 or 205 of the UMRA.
	This proposed rule would also not be subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. The proposed rule would not apply to such governments and would impose no obligations upon them.
      E. Executive Order 13132: Federalism
 	Executive Order 13132 (64 FR 43255, August 10, 1999) requires the EPA to develop an accountable process to ensure "meaningful and timely input by state and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" are defined in the Executive Order to include regulations that have "substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government."
 	This proposed rule does not have federalism implications. It would not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The proposed rule would not impose any requirements on state and local governments. Thus, Executive Order 13132 does not apply to this proposed rule. Although section 6 of Executive Order 13132 does not apply to this proposed action, the EPA did consult with representatives of state and local governments in developing this action. In the spirit of Executive Order 13132 and consistent with the EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicits comment on this proposed rule from state and local officials.
       F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
      This proposed action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed rule would not impose any requirements on tribal governments; thus, Executive Order 13175 does not apply to this action. Although Executive Order 13175 does not apply to this action, we recognize that the air quality and public health benefits to be achieved by this rule would benefit tribes, and we conducted outreach and consulted with representatives of tribal officials in developing this action.
      During the development of this proposed rulemaking, the EPA conducted outreach with numerous tribal representatives to provide opportunities for input prior to development of the proposed rule. We provided information at the July 2010, National Tribal Forum/National Tribal Air Association (NTAA) meeting in Albuquerque, New Mexico, and the November 2010, EPA Region 10 Tribal Leaders Summit in Juneau, Alaska. We also presented information on this proposed rulemaking in the April 2010, issue of Tribal Air News and during the EPA/NTAA tribal workgroup conference calls (April 2010, July 2010, August 2010, and May 2013). Specifically, we received input from the EPA/NTAA tribal workgroup members on culturally relevant exclusions from the proposed standards. We agreed with their input, clarified that we do not intend to regulate ceremonial fires, and added a definition to the rule to exclude traditional Native American bake ovens.
      On February 18, 2011, the EPA mailed letters to about 600 tribal leaders in the U.S. offering an opportunity for consultation on this proposal. We received requests from six tribes. These tribes agreed to discuss this proposal with us in a conference call held on March 22, 2011. The tribes were very supportive of this proposal and provided some helpful clarifications of definitions (e.g., Native American bake ovens) that we have incorporated in this proposal.
	We plan to continue to provide updates on the rule on the EPA/NTAA conference calls and to offer opportunities to tribal leaders for consultation. The EPA specifically solicits additional comment on this proposed action from tribal officials.
      G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks
	Executive Order 13045, "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), applies to any rule that: (1) is determined to be "economically significant," as defined under Executive Order 12866; and (2) concerns an environmental health or safety risk that the EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the EPA must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
	This proposed rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because the agency does not believe the environmental health risks or safety risks addressed by this action present a disproportionate risk to children. The report, "Analysis of Exposure to Residential Wood Combustion Emissions for Different Socio-Economic Groups," shows that on a nationwide basis, cancer risks due to residential wood smoke emissions among disadvantaged population groups generally are lower than the risks for the general population due to residential wood smoke emissions. One of the demographic variables examined for this report was that of children 18 years and younger.
      This proposed rule is expected to reduce environmental impacts for everyone, including children. This action proposes emissions limits at the levels based on BSER, as required by the CAA. Based on our analysis, we believe this rule would not have a disproportionate impact on children, and, in fact, will result in improvements to children's health.
	The public is invited to submit comments or identify peer-reviewed studies and data that assess effects of early life exposure to smoke from residential wood heaters.
      H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
      This proposed rule is not a "significant energy action" as defined in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, we have concluded that this rule is not likely to have any significant adverse energy effects. In general, we expect the NSPS to improve technology, including energy efficiency. By making use of wood fuel less polluting and more efficient, we might see an increase in the use of wood fuel, which would relieve pressure on traditional coal or petroleum based energy sources. However, as described in section IV.E, it is difficult to determine the precise energy impacts that might result from this rule. This is because wood-fueled appliances compete with other biomass forms as well as more traditional oil, electricity and natural gas. We have not determined the potential conversion to other types of fuels and their associated appliances if the consumer costs of wood-fueled appliances increase and at what level that increase would drive consumer choice.
      I. National Technology Transfer and Advancement Act
	Section 12(d) of the National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Public Law No. 104-113 (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by VCS bodies. The NTTAA directs the EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.
      This proposed rulemaking involves technical standards. The EPA proposes to use several VCS test methods, in full or in part, including the following methods available for review at the ASTM website www.astm.org/epa: E2515-10 "Standard Test Method for Determination of Particulate Matter Emissions Collected by a Dilution Tunnel" (See also ASTM WK20442 proposed revision and ASTM WK31433 proposed revision); E2779-10 "Standard Test Method for Determining Particulate Matter Emissions from Pellet Heaters;" E2780-10 "Standard Test Method for Determining Particulate Matter Emissions from Wood Heaters;" E2618-09 "Standard Test Method for Measurement of Particulate Matter Emissions and Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Appliances" (See also ASTM WK26581 proposed revision); ASTM E2817-11 "Standard Test Method for Test Fueling Masonry Heaters;" ASTM WK26558 "Specification for Calculation Method for Custom Designed, Site Built Masonry Heaters." Also, we propose to use, in part, the following test method available for review at the CSA website http://shop.csa.ca/en/canada/fuel-burning-equipment/b4151-10/invt/27013322010/: CSA B415.1-10 "Performance Testing of Solid-fuel-burning Heating Appliances." Finally, we propose to use, in part, the following test method prepared by the European Union: EN 303-5 "Heating boilers for solid fuels, hand and automatically stoked nominal heat output of up to 1025 MBtu  - Terminology, requirements, testing, and marketing." We believe that all the methods listed above have some positive aspects that can help stakeholders determine emissions under various operation conditions. For more details on each method, please refer to the discussions in Section III of this preamble.
      In addition, we determined that the VCS ASTM E871-82 (2006), "Standard Test Method for Moisture Analysis of Particulate Wood Fuels" is acceptable as an alternative to Methods 5H and 28.
      The search identified five other VCS that were potentially applicable for this rule in lieu of the EPA reference methods. However, the EPA determined that the five candidate VCS would not be practical due to lack of equivalency, documentation, validation data and other important technical and policy considerations. The five VCS and other information and conclusion, including the search and review results, are in the docket for this proposed rule. The EPA welcomes comments on this aspect of the proposed rulemaking. Specifically, we invite the public to identify potentially applicable voluntary consensus standards and to explain why such standards, in whole or in part, should or should not be used in this regulation.
      J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
	Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies and activities on minority populations and low-income populations in the U.S.
      As discussed earlier, the report, "Analysis of Exposure to Residential Wood Combustion Emissions for Different Socio-Economic Groups," shows that on a nationwide basis, cancer risks due to residential wood smoke emissions among disadvantaged population groups generally are lower than the risks for the general population due to residential wood smoke emissions. Thus, we have determined that this proposed rule would not have disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority low-income or indigenous population. This proposed rule establishes national standards that would reduce primarily PM emissions from new residential wood heaters and, thus, would decrease the amount of these emissions to which all affected populations are exposed.
      The EPA defines "Environmental Justice" to include meaning involvement of all people regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and polices.

Page 162 of 342 - Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, and New Residential Masonry Heaters

List of Subjects in 40 CFR Part 60

Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Hazardous substances, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated:

Bob Perciasepe,

Acting Administrator.

For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows:
PART 60  -  [AMENDED]
      1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A -- [Amended]
      2. Section 60.17 is amended by:
      a. Adding paragraphs (a)(95) through (a)(101); and
      b. Adding paragraph (p) to read as follows:
§60.17 Incorporations by reference.
* * * * *
      (a) * * *
      (95) ASTM E871-82 (2006), Standard Test Methods for Moisture Analysis of Particulate Wood Fuels, IBR approved for appendix A: Method 5H and Method 28.
      (96) ASTM E2515-10, Standard Test Method for Determination of Particulate Matter Emissions Collected by a Dilution Tunnel, IBR approved for §60.534(c), §60.5476(b) and §60.5488(b).
      (97) ASTM E2779-10, Standard Test Method for Determining Particulate Matter Emissions from Pellet Heaters, IBR approved for §60.534(a)(2).
      (98) ASTM E2618-09 Standard Test Method for Measurement of Particulate Matter Emissions and Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Appliances, IBR approved for §60.5476(a)(2).
      (99) ASTM E2780-10, Standard Test Method for Determining Particulate Matter Emissions from Wood Heaters, IBR approved for §60.534(a)(2)
      (100) ASTM E2817-11, Standard Test Method for Test Fueling Masonry Heaters, IBR approved for §60.5488(a).
      (101) ASTM WK26558, New Specification for Calculation Method for Custom Designed, Site Built Masonry Heaters, IBR approved for §60.5488(c)(1).
* * * * *
      (p) This material is available for purchase from the Canadian Standards Association (CSA) at http://shop.csa.ca/en/canada/fuel-burning-equipment/b4151-10/invt/27013322010/.
      (1) CSA B415.1-10, Performance Testing of Solid-fuel-burning Heating Appliances, IBR approved for §60.534(d) and §60.5476(c) and (d).
      (2) [Reserved]
      3. Part 60 is amended by revising subpart AAA to read as follows:
Subpart AAA -- Standards of Performance for New Residential Wood Heaters
Sec.
60.530 Am I subject to this subpart?
60.531 What definitions must I know?
60.532 What standards and associated requirements must I meet and by when?
60.533 What compliance and certification requirements must I meet and by when?
60.534 What test methods and procedures must I use to determine compliance with the standards and requirements for certification?
60.535 What procedures must I use for laboratory accreditation or certifying body accreditation?
60.536 What requirements must I meet for permanent labels and owner's manuals?
60.537 What records must I keep and what reports must I submit?
60.538 What activities are prohibited under this subpart?
60.539 What Petition for Review procedures apply to me?
60.539a Who implements and enforces this subpart?
60.539b What parts of the General Provisions do not apply?
Subpart AAA -- Standards of Performance for New Residential Wood Heaters
§60.530 Am I subject to this subpart?
      (a) You are subject to this subpart if you operate, manufacture, sell, offer for sale, import for sale, distribute, offer to distribute, introduce, or deliver for introduction, into commerce in the United States, an affected wood heater specified in paragraphs (a)(1) or (a)(2) of this section:
      (1) Each adjustable burn rate wood heater with a current EPA certificate of compliance, single burn rate wood heaters with a current EPA certificate of compliance, and each pellet stove with a current EPA certificate of compliance issued prior to [EFFECTIVE DATE OF FINAL RULE] according to the certification procedures in effect in this subpart at the time of certification that are manufactured on or after July 1, 1988 are affected wood heaters.
      (2) All other residential wood heaters under this subpart manufactured or sold on or after [EFFECTIVE DATE OF FINAL RULE] are affected wood heaters.
      (b) Each affected wood heater must comply with the provisions of this subpart unless exempted under paragraphs (b)(1) through (b)(6) of this section.
      (1) Affected wood heaters manufactured in the United States for export are exempt from the applicable emission limits of §60.532 and the requirements of §60.533.
      (2) Affected wood heaters used for research and development purposes that are never offered for sale or sold and that are not used for the purpose of providing heat are exempt from the applicable emission limits of §60.532 and the requirements of §60.533. No more than 50 wood heaters manufactured per model line can be exempted for this purpose.
      (3) Appliances that do not burn wood or wood pellets (such as coal-only heaters that meet the definition in §60.531 or corn-only pellet stoves) are exempt from the applicable emission limits of §60.532 and the requirements of §60.533.
      (4) Cookstoves that meet the definition in §60.531 are exempt from the applicable emission limits of §60.532 and the requirements of §60.533.
      (5) Camp stoves that meet the definition in §60.531 are exempt from the applicable emission limits of §60.532 and the requirements of §60.533.
      (6) Modification or reconstruction, as defined in §60.14 and §60.15 of Subpart A will not, by itself, make a wood heater an affected facility under this subpart.
      (c) The following are not affected wood heaters and are not subject to this subpart:
      (1) Residential hydronic heaters and residential forced-air furnaces subject to subpart QQQQ of this part.
      (2) Residential masonry heaters subject to subpart RRRR of this part.
      (3) Appliances that are not residential heating devices (for example, manufactured or site-built masonry fireplaces).
      (4) Traditional Native American bake ovens that meet the definition in §60.531.
§60.531 What definitions must I know?
      As used in this subpart, all terms not defined herein have the meaning given them in the Clean Air Act and subpart A of this part.
      Adjustable burn rate wood heater means an enclosed, wood-burning appliance capable of and intended for residential space heating or domestic water heating that is equipped with or installed with a damper or other mechanism to allow the operator to vary burn rate conditions, regardless of whether it is internal or external to the appliance. This definition does not distinguish between heaters that are free standing or fireplace inserts.
      Accredited test laboratory means a test laboratory that is accredited for wood heater certification testing under §60.535 or is an independent third-party test laboratory that is accredited by a nationally recognized accrediting entity under ISO-IEC Standard 17025 to perform testing using the test methods specified in §60.534 and approved by the EPA for conducting testing under this subpart.
      At retail means the sale by a commercial owner of a wood heater to the ultimate purchaser.
      Camp stove (sometimes also called cylinder stove or wall tent stove) means a portable stove equipped with a pipe or chimney exhaust capable of burning wood or coal intended for use in a tent or other temporary structure used for hunting, camping, fishing, or other outdoor recreation. The primary purpose of the stove is to provide space heating, although cooking and heating water may be additional functions.
      Catalytic combustor means a device coated with a noble metal used in a wood heater to lower the temperature required for combustion.
      Certifying entity means an independent third party that is accredited by a nationally recognized accrediting entity under ISO-IEC Standard 17020 to perform certifications, inspections and audits under ISO-IEC Guide 17065 and approved by the EPA for conducting certifications, inspections and audits under this subpart.
      Coal-only heater means an enclosed, coal-burning appliance capable of space heating, or domestic water heating, which has all of the following characteristics:
      (1) An opening for emptying ash that is located near the bottom or the side of the appliance;
      (2) A system that admits air primarily up and through the fuel bed;
      (3) A grate or other similar device for shaking or disturbing the fuel bed or power-driven mechanical stoker;
      (4) Installation instructions that state that the use of wood in the stove, except for coal ignition purposes, is prohibited by law; and
      (5) The model is listed by a nationally recognized safety-testing laboratory for use of coal only, except for coal ignition purposes.
      Commercial owner means any person who owns or controls a wood heater in the course of the business of the manufacture, importation, distribution (including shipping and storage), or sale of the wood heater.
      Cookstove means a wood-fired appliance that is designed primarily for cooking food and that has the following characteristics:
      (1) An oven, with volume of 0.028 cubic meters (1 cubic foot) or greater, and an oven rack;
      (2) A device for measuring oven temperatures;
      (3) A flame path that is routed around the oven;
      (4) An ash pan;
      (5) An ash clean-out door below the oven;
      (6) The absence of a fan or heat channels to dissipate heat from the appliance;
      (7) A cooking surface measured in square inches or square feet that is 1.5 times greater than the firebox, which is measured in cubic inches or cubic feet. Example: A firebox of 2 cubic feet would have a cooking surface of at least 3 square feet;
      (8) A portion of at least four sides of the oven is exposed to the flame path during the heating cycle of the oven. A flue gas bypass may exist for temperature control.
      Manufactured means completed and ready for shipment (whether or not packaged).
      Manufacturer means any person who constructs or imports into the United States a wood heater.
      Model line means all wood heaters offered for sale by a single manufacturer that are similar in all material respects.
      Particulate matter (PM) means total particulate matter including coarse PM (PM10) and fine PM (PM2.5).
      Pellet stove means an enclosed, solid fuel burning device capable of and intended for residential space heating or domestic water heating that is designed specifically to burn wood pellet fuel that incorporates induced air flow, is installed with an automatic pellet feeder, and is a free standing room heater or fireplace insert.
      Representative affected wood heater means an individual wood heater that is similar in all material respects to other wood heaters within the model line it represents.
      Room heater means an enclosed, wood-burning appliance capable of and intended for residential space heating. Unless otherwise specified, these devices include adjustable burn rate wood heaters, single burn rate wood heaters and pellet stoves.
      Sale means the transfer of ownership or control, except that a transfer of control of an affected wood heater for research and development purposes within the scope of §60.530(b)(2) is not a sale.
      Seasoned wood means wood with a moisture content of 20 percent or less.
      Similar in all material respects means that the construction materials, exhaust and inlet air system, and other design features are within the allowed tolerances for components identified in §60.533(k).
      Single burn rate wood heater means an enclosed, wood-burning appliance capable of and intended for residential space heating or domestic water heating that is not equipped with or installed with a damper to allow the operator to vary burn rate conditions.
      Traditional Native American bake oven means a wood or other solid fuel burning appliance that is designed primarily for use by Native Americans for food preparation, cooking, warming, or for instructional, recreational, cultural or ceremonial purposes.
      Valid certification test means a test that meets the following criteria:
      (1) The Administrator was notified about the test in accordance with §60.534(f);
      (2) The test was conducted by an accredited test laboratory;
      (3) The test was conducted on a wood heater similar in all material respects to other wood heaters of the model line that is to be certified; and
      (4) The test was conducted in accordance with the test methods and procedures specified in §60.534.
      Wood heater means an enclosed, wood burning-appliance capable of and intended for residential space heating or domestic water heating. Unless otherwise specified, these devices include adjustable burn rate wood heaters, single burn rate wood heaters and pellet stoves.
      Wood pellet fuel means refined and densified wood shaped into small pellets or briquettes that are uniform in size, shape, moisture, density and energy content.
§60.532 What standards and associated requirements must I meet and by when?
      (a) 1990 Particulate Matter Standards. Unless exempted under §60.530, each adjustable burn rate wood heater and pellet stove with a current EPA certification issued prior to [EFFECTIVE DATE OF FINAL RULE], according to the certification procedures in effect in this subpart at the time of certification, must comply with the following particulate matter emission limits as determined by the applicable test methods and procedures in §60.534(a) through (c) until the current certification expires as specified in §60.533(h)(1), or it is revoked by the Administrator as specified in §60.533(l), whichever is first. After the certificate expires or is revoked, individual wood heaters in that model line can no longer be manufactured or sold unless the manufacturer receives a new certificate of compliance from the Administrator.
      (1) An affected wood heater equipped with a catalytic combustor must not discharge into the atmosphere any gases that contain particulate matter in excess of a weighted average of 4.1 g/hr (0.009 lb/hr) as specified in the applicable test method. Particulate matter emissions during any test run at any burn rate that is required to be used in the weighted average as specified in the applicable test method must not exceed the value calculated for "C" (rounded to 2 significant figures) calculated using the following equation:
      (i) At burn rates less than or equal to 2.82 kg/hr (6.2 lb/hr),

Where:
BR = Burn rate in kg/hr (lb/hr)
C = Actual particulate matter emission rate in g/hr (lb/hr) per burn rate in a given test run
K1= 3.55 g/kg (0.00355 lb/lb)
K2= 4.98 g/hr (0.0.011 lb/hr)
      (ii) At burn rates greater than 2.82 kg/hr (6.2 lb/hr), C = 15 g/hr (0.033 lb/hr).
      (2) An affected wood heater not equipped with a catalytic combustor must not discharge into the atmosphere any gases that contain particulate matter in excess of a weighted average of 7.5 g/hr (0.017 lb/hr) as specified in the applicable test method. Particulate matter emissions must not exceed 15 g/hr (0.033 lb/hr) during any test run at a burn rate less than or equal to 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average as specified in the applicable test method and particulate matter emissions must not exceed 18 g/hr (0.040 lb/hr) during any test run at a burn rate greater than 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average as specified in the applicable test method.
      (3) As an alternative, an affected wood heater subject to paragraph (a) of this section may elect to comply with the requirements in paragraph (b) of this section.
      (b) 2014 Particulate Matter Standards. Unless exempted under §60.530 or subject to the standards specified in paragraph (a) of this section, each adjustable burn rate wood heater or pellet stove manufactured on or after [EFFECTIVE DATE OF FINAL RULE] or sold at retail for use in the United States on or after [6 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE] must comply with the emission limits specified in paragraphs (b)(1) or (b)(2) of this section, as applicable. Unless exempted under §60.530, each single burn rate wood heater manufactured on or after [EFFECTIVE DATE OF FINAL RULE] or sold at retail on or after [6 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE] must comply with the emission limit specified in paragraph (b)(3) of this section. Compliance for all sources must be determined by the test methods and procedures in §60.534.
      (1) An adjustable burn rate wood heater or pellet stove that is an affected wood heater equipped with a catalytic combustor must not discharge into the atmosphere any gases that contain particulate matter in excess of a weighted average of 4.5 g/hr (0.01 lb/hr).
      (2) An adjustable burn rate wood heater or pellet stove that is an affected wood heater not equipped with a catalytic combustor and capable of making burn rate adjustments must not discharge into the atmosphere any gases that contain particulate matter in excess of a weighted average of 4.5 g/hr (0.01 lb/hr).
      (3) A single burn rate wood heater that is an affected wood heater must not discharge into the atmosphere any gases that contain particulate matter in excess of 4.5 g/hr (0.01 lb/hr).
      (c) 2019 Particulate Matter Standards. Unless exempted under §60.530 or subject to the standards specified in paragraph (a) of this section, each adjustable burn rate wood heater, pellet stove or single burn rate wood heater manufactured or sold at retail for use in the United States on or after [5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE] must not discharge into the atmosphere any gases that contain particulate matter in excess of 1.3 g/hr (0.003 lb/hr) for any burn rate. Compliance for all sources must be determined by the test methods and procedures in §60.534.
      (d) [Reserved]
      (e) Pellet Fuel Requirements. Operators of wood heaters that are certified to burn pellet fuels may only burn pellets that have been produced under a licensing agreement with the Pellet Fuels Institute or an equivalent organization approved by the EPA. The pellet fuel must meet the following minimum requirements:
      (1) Density: consistent hardness and energy content with a minimum density of 38 pounds/cubic foot;
      (2) Dimensions: maximum length of 1.5 inches and diameter between 0.230 and 0.285 inches;
      (3) Inorganic fines: less than or equal to 1 percent;
      (4) Chlorides: less than or equal to 300 parts per million by weight;
      (5) Ash content: no more than 2 percent; and
      (6) A quality assurance process licensed by the Pellet Fuels Institute or equivalent organization approved by EPA.
      (f) Prohibited Fuel Types. No person is permitted to burn any of the following materials in an affected wood heater:
      (1) Residential or commercial garbage;
      (2) Lawn clippings or yard waste;
      (3) Materials containing rubber, including tires;
      (4) Materials containing plastic;
      (5) Waste petroleum products, paints or paint thinners, or asphalt products;
      (6) Materials containing asbestos;
      (7) Construction or demolition debris;
      (8) Paper products, cardboard, plywood, or particleboard. The prohibition against burning these materials does not prohibit the use of fire starters made from paper, cardboard, saw dust, wax and similar substances for the purpose of starting a fire in an affected wood heater;
      (9) Railroad ties or pressure treated wood;
      (10) Manure or animal remains; or
      (11) Salt water driftwood or other previously salt water saturated materials.
      (g) Owner's Manual. A person must not operate an affected residential wood heater in a manner inconsistent with the owner's manual. The owner's manual must clearly specify that operation in a manner inconsistent with the owner's manual would violate the warranty.
      (h) Temperature Sensor Requirement. An affected wood heater equipped with a catalytic combustor must be equipped with a temperature sensor that can monitor combustor gas stream temperatures within or immediately downstream [within 2.54 centimeters (1 inch)] of the catalytic combustor surface.
§60.533 What compliance and certification requirements must I meet and by when?
      (a) Certification Requirement. Each affected wood heater must be certified to be in compliance with the applicable emission standards and other requirements of this subpart. For each model line manufactured or sold by a single entity, e.g., company or manufacturer, compliance with applicable emission standards of §60.532 may be determined based on testing of representative affected wood heaters within the model line. If one entity,  licenses a model line to another entity, each entity's model line must be certified. If an entity changes the name of the entity or the name of the model, the manufacturer must apply for a new certification.
      (1) Prior to [EFFECTIVE DATE OF FINAL RULE], the manufacturer must submit to the EPA the information required in paragraph (b) of this section and follow either the certification process in paragraphs (b) through (e) of this section or the certifying entity based application process specified in paragraph (f) of this section.
      (2) On or after [EFFECTIVE DATE OF FINAL RULE], the manufacturer must submit the information required in paragraph (b) of this section and follow the certifying entity based application process specified in paragraph (f) of this section.
      (b) Application for Certificate of Compliance. Any manufacturer of an affected wood heater must apply to the Administrator for a certificate of compliance for  each model line. The application must be submitted to: XXXX Compliance Program at xxxx.gov/yyyy. The application must be signed by a responsible representative of the manufacturer or an authorized representative and must contain the following:
      (1) The model name and/or design number and responsible contact information for the manufacturer and all authorized representatives, including name, affiliation, physical address, telephone number, and email address.
      (2) Engineering drawings and specifications of components that may affect emissions (including specifications for each component listed in paragraph (k) of this section). Manufacturers may use complete assembly or design drawings that have been prepared for other purposes, but must designate on the drawings the dimensions of each component listed in paragraph (k) of this section. Manufacturers must identify tolerances of components of the tested unit listed in paragraph (k)(2) of this section that are different from those specified in that paragraph, and show that such tolerances may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits. The drawings must identify how the emission critical parts, such as air tubes and catalyst, can be readily inspected and replaced. The drawings may be submitted either in hard copy or electronic format.
      (3) A statement whether the firebox or any firebox component (including the materials listed in paragraph (k)(3) of this section) will be composed of material different from the material used for the firebox or firebox component in the wood heater on which certification testing was performed and a description of any such differences.
      (4) Clear identification of any confidential business information. Submit such information under separate cover to the EPA CBI Office; Attn: Residential Wood Heater Compliance Program. Note that emissions data, including information necessary to determine emission rates in the format of the standard, cannot be claimed as confidential business information.
      (5) All documentation pertaining to a valid certification test, including the complete test report and, for all test runs: raw data sheets, laboratory technician notes, calculations, and test results. Documentation must include the items specified in the applicable test methods. The test report must include a summary table that clearly presents the individual and overall emission rates, efficiencies, and heat output range. Submit the test report and all associated required information according to the procedures for electronic reporting specified in §60.537(f).
      (6) A copy of the warranties for the model line, including a statement that the warranties are void if the unit is used to burn materials for which the unit is not certified by the EPA.
      (7) A statement that the manufacturer or certifying entity will conduct a quality assurance program for the model line that satisfies the requirements of paragraph (m) of this section.
      (8) A statement describing how the tested unit was sealed by the laboratory after the completion of certification testing and that such unit will be stored by the manufacturer in the sealed state until 1 year after the certification expires.
      (9) Statements that the wood heaters manufactured under this certificate will be --
      (i) Similar in all material respects as defined in this subpart to the wood heater submitted for certification testing, and
      (ii) Labeled as prescribed in §60.536.
      (iii) Accompanied by an owner's manual that meets the requirements in §60.536. In addition, a copy of the owner's manual must be submitted to the EPA and be available on the manufacturer's website.
      (9) A statement that the manufacturer has entered into a contract with an accredited laboratory that satisfies the requirements of paragraph (e) of this section.
      (10) A statement that the accredited certifying body is allowed to submit information on behalf of the manufacturer.
      (c)(1) Administrator Approval Process. The Administrator will electronically issue a certificate of compliance for a model line if the Administrator determines, based on all information submitted by the applicant and any other relevant information available,  that:
      (i) A valid certification test demonstrates that the representative affected wood heater complies with the applicable emission standards in §60.532,
      (ii) Any tolerances for components listed in paragraph (k)(2) of this section that are different from those specified in those paragraphs may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits; and
      (iii) The requirements of paragraph (b) of this section have been met.
      (2) The Administrator will deny certification if the Administrator determines that the criteria in paragraph (c)(1) of this section have not been satisfied. Upon denying certification under this paragraph, the Administrator will give written notice to the manufacturer setting forth the basis for this determination.
      (d) Prior to [EFFECTIVE DATE OF THE FINAL RULE], the Administrator will issue the certificate for the most stringent particulate matter emission standard that the unit meets under §60.532(a) or (b), as applicable.
      (e) To receive EPA certification, a manufacturer must enter into a contract with the accredited laboratory that performed the certification test, under which the laboratory will:
      (1) Conduct the compliance audit test at no additional cost to the manufacturer if the EPA selects that laboratory to conduct the test; or
      (2) Pay the manufacturer the cost of a compliance audit test (as determined by the EPA) if the EPA selects any other laboratory to conduct the test.
      (f) Certifying Entity-Based Application Process.
      (1) Any manufacturer of an affected wood heater must apply to the Administrator for a certificate of compliance for each model line. The manufacturer must meet the following requirements:
      (i) The manufacturer must contract with a certifying entity for certification services.
      (ii) The manufacturer must submit the materials specified in paragraph (b) of this section and a quality control plan that meets the requirements of paragraph (m)(4) of this section to the certifying entity. The quality control plan must ensure that units within a model line accurately reflect emission-critical components of the model line design, and it must include design drawings for the model line.
      (iii) The manufacturer must apply to the certifying entity for a certification of conformity with the applicable requirements of this subpart for the model line.
      (A) After testing by an accredited test laboratory is complete, certification of conformity with the emission standards in §60.532 must be performed by the manufacturer's contracted certifying entity.
      (B) The certifying entity can certify conformity if the emission tests have been conducted per the appropriate guidelines and the test report is complete and accurate and the instrumentation is properly calibrated and the test report shows that the representative affected wood heater meets the applicable emission limits specified in §60.532 and the quality control plan is adequate to ensure that units within the model line will be similar in all material respects to the wood heater submitted for certification testing.
      (iv) The manufacturer must then request that the certifying entity electronically submit, on behalf of the manufacturer, an application for EPA certification that includes the certification of conformity, quality control plan, test report and supporting documentation.
      (v) The submission must include a statement signed by a responsible official of the manufacturer that the manufacturer has complied with all requirements of this subpart and that the manufacturer remains responsible for compliance regardless of any error by the certifying entity.
      (2) The Administrator will electronically issue to the manufacturer a certificate of compliance for a model line if it is determined, based on all of the information submitted in the application for certification and any other relevant information, that:
      (i) A valid certification of conformity has demonstrated that the representative affected wood heater complies with the applicable emission standards in §60.532; and
      (ii) Any tolerances or materials for components listed in paragraph (k)(2) or (3) of this section that are different from those specified in those paragraphs may not be reasonably anticipated to cause wood heaters in the model line to exceed the applicable emission limits.
      (iii) The requirements of paragraphs (b) of this section have been met.
      (iv) A valid certificate of conformity for the model line has been prepared and submitted.
      (3) The Administrator will deny certification if the Administrator determines that the criteria in paragraph (f)(2) of this section have not been satisfied. Upon denying certification under this paragraph, the Administrator will give written notice to the manufacturer setting forth the basis for the determination.
      (g) Waiver from Submitting Test Results. An applicant for certification may apply for a potential waiver of the requirement to submit the results of a certification test pursuant to paragraph (b)(3) of this section, if the wood heater meets either of the following conditions:
      (1) The wood heaters of the model line are similar in all material respects, as defined in this subpart, to another model line that has already been issued a certificate of compliance. A manufacturer that seeks a waiver of certification testing must identify the model line that has been certified, and must submit a copy of an agreement with the owner of the design permitting the applicant to produce wood heaters of that design.
      (2) The manufacturer has previously conducted a valid certification test to demonstrate that the wood heaters of the model line meet the applicable standard specified in §60.532(a), and that test also demonstrates that the wood heaters of the model line meet the applicable standard specified in §60.532(b). This option is only potentially available a maximum of one time per model line.
      (h) Certification Period. Unless revoked sooner by the Administrator, a certificate of compliance will be valid for the following periods as applicable:
      (1) For a model line certified as meeting the emission standards in §60.532(a), a certificate of compliance will be valid for 5 years from the date of issuance.
      (2) For a model line certified as meeting emission standards in §60.532(b), a certificate of compliance will be valid for 5 years from the date of issuance.
      (3) For a model line certified as meeting emission standards in §60.532(c), a certificate of compliance will be valid for 5 years from the date of issuance.
      (i) Renewal of Certification.
      (1) The certificate must be recertified or renewed every 5 years or the manufacture may choose to no longer manufacture or sell that model. If the manufacturer chooses to no longer manufacture or sell that model, then the manufacturer must submit a statement to EPA for that model. A manufacturer of an affected wood heater may apply to the Administrator for potential renewal of  their certificate by submitting the material specified in §60.533(b) and following the procedures specified in §60.533(f) or by affirming in writing that the wood heater has been subject to no changes that would impact emissions and requesting a potential waiver from certification testing.
      (2) If the Administrator grants a renewal of certification, the Administrator will give written notice to the manufacturer setting forth the basis for the determination and issue a certification renewal.
      (3) If the Administrator denies the request for a renewal of certification, the Administrator will give written notice to the manufacturer setting forth the basis for the determination.
      (j) [Reserved]
      (k) Recertification.
      (1) The manufacturer must recertify a model line whenever any change is made in the design submitted pursuant to paragraph (b)(2) of this section that is presumed to affect the particulate matter emission rate for that model line. The Administrator may potentially waive this requirement upon written request by the manufacturer, if it is determined that the change may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits. The granting of such a waiver does not relieve the manufacturer of any compliance obligations under this subpart.
      (2) Any change in the design tolerances of any of the following components (where such components are applicable) is presumed to affect particulate matter and carbon monoxide emissions and efficiency if that change exceeds +-0.64 cm (+-1/4 inch) for any linear dimension and +-5 percent for any cross-sectional area relating to air introduction systems and catalyst bypass gaps unless other dimensions and cross-sectional areas are previously approved by the Administrator under paragraph (c)(1)(ii) of this section:
      (i) Firebox: Dimensions;
      (ii) Air introduction systems: Cross-sectional area of restrictive air inlets and outlets, location and method of control;
      (iii) Baffles: Dimensions and locations;
      (iv) Refractory/insulation: Dimensions and location;
      (v) Catalyst: Dimensions and location;
      (vi) Catalyst bypass mechanism and catalyst bypass gap tolerances (when bypass mechanism is in closed position): Dimensions, cross-sectional area, and location;
      (vii) Flue gas exit: Dimensions and location;
      (viii) Door and catalyst bypass gaskets: Dimensions and fit;
      (ix) Outer shielding and coverings: Dimensions and location;
      (x) Fuel feed system: For wood heaters that are designed primarily to burn wood pellets and other wood heaters equipped with a fuel feed system, the fuel feed rate, auger motor design and power rating, and the angle of the auger to the firebox; and
      (xi) Forced air combustion system: For wood heaters so equipped, the location and horsepower of blower motors and the fan blade size.
      (3) Any change in the materials used for the following components is presumed to affect particulate matter emissions and efficiency:
      (i) Refractory/insulation; or
      (ii) Door and catalyst bypass gaskets.
      (4) A change in the make, model, or composition of a catalyst is presumed to affect particulate matter and carbon monoxide emissions and efficiency, unless the change has been approved in advance by the Administrator, based on test data in the same model stove that demonstrate that the replacement catalyst is equivalent to or better than the original catalyst in terms of particulate matter emission reduction.
      (l) Criteria for Revocation of Certification.
      (1) The Administrator may revoke certification if it is determined that the wood heaters being manufactured or sold in that model line do not comply with the requirements of this subpart. Such a determination will be based on all available evidence, including but not limited to:
      (i) Test data from a retesting of the original unit on which the certification test was conducted or a similar unit;
      (ii) A finding that the certification test was not valid. (iii) A finding that the labeling of the wood heater model line or the  owner's manual or marketing information does not comply with the requirements of §60.536;
      (iii) Failure by the manufacturer to comply with reporting and recordkeeping requirements under §60.537;
      (iv) Physical examination showing that a significant percentage (as defined in the quality assurance plan, but no larger than 1 percent) of production units inspected is not similar in all material respects to the representative affected wood heater submitted for testing; or
      (v) Failure of the manufacturer to conduct a quality assurance program in conformity with paragraph (m) of this section.
      (2) Revocation of certification under this paragraph will not take effect until the manufacturer concerned has been given written notice by the Administrator setting forth the basis for the proposed determination and an opportunity to request a review under §60.539.
      (m) Quality Assurance Program.
      (1) On or after [EFFECTIVE DATE OF FINAL RULE], for each certified model line, the manufacturer must conduct a quality assurance program that satisfies the requirements of this section The quality assurance program requirements of this section supersede the quality assurance plan requirements specified in §60.533(o) of the 1988 rule. By [DATE 60 DAYS AFTER EFFECTIVE DATE OF FINAL RULE], for model lines that had a valid EPA certification on [DATE 60 DAYS AFTER EFFECTIVE DATE OF FINAL RULE], manufacturers must submit the quality assurance plan to the EPA Administrator for review and approval.
       (i) The manufacturer must prepare and operate according to a quality assurance plan for each certified model line that has specific inspection and testing requirements for ensuring that units within a model line accurately reflect emission-critical components of the model line design and meet the emissions standards in §60.532.
      (ii) The quality assurance plan must be approved within 30 days by the certifying entity as part of the certification of conformity process specified in paragraph (f) of this section.
      (iii) Within 30 days after approval by the certifying entity, the quality control plan must also be submitted to EPA for review and approval.
      (iv) The certifying entity must conduct quarterly unannounced audits under ISO-IEC Guide 17065 and ISO-EC Standard 17020 to ensure that the manufacturer's quality control plan is being implemented.
      (v) The certifying entity must prepare a report for each audit under ISO-IEC Guide 17065 and ISO-EC Standard 17020 that fully documents the results of the audit, and the manufacturer must include in their contract with the certifying entity the authorization and requirement to submit all such reports to the EPA within 30 days. In the audit report, the certifying entity must identify deviations from the manufacturer's quality control plan and specify the corrective actions that need to be taken to address each identified deficiency.
      (vi) The manufacturer must report within 30 days to the certifying entity and to the EPA its responses to any deficiencies identified in an audit report.
      (n) EPA Compliance Audit Testing.
      (1)(i) The Administrator may select by written notice wood heaters for compliance audit testing to determine compliance with the emission standards in §60.532.
      (ii) The written notification shall be forwarded to the manufacturer by the Administrator and shall include the name and address of the laboratory selected to perform the audit test and the model name and serial number of the wood heater(s) selected to undergo audit testing.
      (2)(i) The Administrator may test, or direct the manufacturer to have tested, the wood heater(s) selected under paragraph (n)(1)(i) of this section in a laboratory accredited under §60.535 that is selected pursuant to paragraph (n)(3) of this section.
      (ii) The expense of the compliance audit test is the responsibility of the wood heater manufacturer. A manufacturer may require the laboratory that performed the certification test to bear the expense of an audit test by means of the contract required under paragraph (e) of this section. The manufacturer will bear the cost of audit testing if the laboratory with which the manufacturer had a contract has ceased business or is otherwise legally unable to honor the contract. The manufacturer will also bear the cost of audit testing if the manufacturer has not entered into contract with an accredited test laboratory to perform audit testing.
      (iii) The test must be conducted using the same test method and procedure used to obtain certification or a new test method approved by the EPA Administrator. If the certification test consisted of more than one particulate matter sampling test method, the Administrator may direct the test laboratory as to which of these methods to use for the purpose of audit testing. The Administrator will notify the manufacturer at least 1 week prior to any test under this paragraph, and allow the manufacturer and/or his authorized representatives to observe the test.
      (3) The Administrator may select any accredited test laboratory or federal laboratory for audit testing.
      (4) Revocation of Certification.
      (i) If emissions from a wood heater tested under paragraph (n)(2) of this section exceed the certification  emission values limit by more than 50 percent, the Administrator will notify the manufacturer that certification for that model line is suspended effective 72 hours from the receipt of the notice, unless the suspension notice is withdrawn by the Administrator. The suspension will remain in effect until withdrawn by the Administrator, or 30 days from its effective date (if a revocation notice under paragraph (n)(5)(ii) of this section is not issued within that period), or the date of final agency action on revocation, whichever occurs earlier.
      (ii)(A) If emissions from a wood heater tested under paragraph (n)(2) of this section exceed the applicable emission limit, the Administrator will notify the manufacturer that certification is revoked for that model line.
      (B) A suspension under paragraph (n)(4)(i) or a revocation notice under paragraph (n)(4)(ii)(A) of this section will become final and effective 60 days after receipt by the manufacturer, unless it is withdrawn, a supplemental review is requested under §60.539, or the deadline for requesting a supplemental review is extended.
      (C) The Administrator may extend the deadline for requesting a supplemental review for up to 60 days for good cause.
      (D) A manufacturer may extend the deadline for requesting a supplemental review for up to 6 months, by agreeing to a voluntary suspension of certification.
      (iii) Any notification under paragraph (n)(4)(i) or (n)(4)(ii) of this section will include a copy of a preliminary test report from the accredited test laboratory or federal test laboratory. The test laboratory must provide a preliminary test report to the Administrator within 10 days of the completion of testing, if a wood heater exceeds the applicable emission limit in §60.532. The test laboratory must provide the Administrator and the manufacturer, within 30 days of the completion of testing, all documentation pertaining to the test, including the complete test report and raw data sheets, laboratory technician notes, and test results for all test runs.
      (iv) Upon receiving notification of a test failure under paragraph (n)(4)(ii) of this section, the manufacturer may request up to four additional wood heaters from the same model line be selected under paragraph (n)(1) of this section for testing at the manufacturer's expense, at the test laboratory that performed the emissions test for the Administrator.
      (v) Whether or not the manufacturer proceeds under paragraph (n)(4)(iv) of this section, the manufacturer may submit any relevant information to the Administrator, including any other test data generated pursuant to this subpart. The manufacturer must pay the expense of any additional testing.
      (vi) The Administrator will withdraw any notice issued under paragraph (n)(4)(ii) of this section if tests under paragraph (n)(4)(iv) of this section show either --
      (A) That all wood heaters tested for the manufacturer met the applicable emission limits; or
      (B) That the second and third wood heaters selected met the applicable emission limits and the average of all three (including the original audit test) was below the applicable emission limits.
      (C) The Administrator will revise the certification values based on the test data and other relevant information and the manufacturer must revise the labels and marketing information accordingly.
      (vii) The Administrator may withdraw any proposed revocation, if the Administrator finds that an audit test failure has been rebutted by information submitted by the manufacturer under paragraph (n)(4)(iv) of this section and/or (n)(4)(v) of this section or by any other relevant information available to the Administrator.
§60.534 What test methods and procedures must I use to determine compliance with the standards and requirements for certification?
      Test methods and procedures specified in this section or in appendices of this part, except as provided under §60.8(b), must be used to determine compliance with the standards and requirements for certification under §§60.532 and 60.533 as follows:
      (a)(1) Method 28 of appendix A-8 of this part must be used to establish the certification test conditions and the particulate matter emission values for affected wood heaters subject to the 1990 particulate matter standards specified in §60.532(a).
      (2) For affected wood heaters subject to the 2014 particulate matter standards specified in §60.532(b), you must conduct testing according to paragraphs §60.534(a)(2)(i) and (ii) of this section and submit the full test reports. You have the option of submitting the test results of either (a)(2)(i) or (ii) of this section to the Administrator as specified under §60.537 for certification compliance.
      (i) Conduct testing with crib wood using EPA Method 28R of appendix A-8 of this part to establish the certification test conditions and the particulate matter emission values.
      (ii) Conduct testing with cord wood using EPA Method 28R of appendix A-8 of this part to establish the certification test conditions and the particulate matter emission values.
      (3) For affected wood heaters subject to the 2019  particulate matter standards specified in §60.532(c), you must conduct testing with cord wood using EPA Method 28R of appendix A-8 of this part to establish the certification test conditions, except that you should first test Burn Rate Categories 1 and 4 and then test 2 more times for whichever burn rate category is worse and then report the results separately per burn rate category.
      (b) For affected wood heaters subject to the 1990 particulate matter standards specified in §60.532(a), emission concentrations must be measured with Method 5G of appendix A-3 of this part, i.e., using a dilution tunnel sampling location. Method 5H is no longer allowed for certification testing.
      (c) For affected wood heaters subject to the 2014 and 2019 particulate matter standards specified in §60.532(b) and (c), emission concentrations must be measured with ASTM E2515-10.
      (d) Canadian Standards Administration Method B415.1-10, section 13.7, must be used to measure the efficiency and carbon monoxide output of the tested appliance.
      (e) [Reserved]
      (f) The manufacturer of an affected wood heater must notify the Administrator of the date that certification testing is scheduled to begin by email to XXXX Compliance Program at xxx.gov/yyyy. This notice must be received by the EPA at least 30 days before the start of testing. The notification of testing must include the manufacturer's name and physical and email addresses, the accredited test laboratory's name and physical and email addresses, certifying entity name, the model name and number (or, if unavailable, some other way to distinguish between models), and the dates of testing.
      (g) The accredited test laboratory must allow the manufacturer, the EPA and delegated states to observe certification testing. However, manufacturers must not involve themselves in the conduct of the test after the pretest burn has begun. Communications between the manufacturer and laboratory or certifying entity personnel regarding operation of the wood heater must be limited to written communications transmitted prior to the first pretest burn of the certification series. Written communications between the manufacturer and laboratory personnel may be exchanged during the certification test only if deviations from the test procedures are observed that constitute improper conduct of the test. All communications must be included in the test documentation required to be submitted pursuant to §60.533(b)(3) and must be consistent with instructions provided in the owner's manual required under §60.536(f), except to the extent that they address details of the certification tests that would not be relevant to owners or regulators.
§60.535 What procedures must I use for laboratory accreditation or certifying body accreditation?
      (a)(1) A laboratory must apply to the Administrator for accreditation as an EPA accredited test laboratory by submitting documentation that the laboratory is accredited by a nationally recognized accrediting entity under ISO-IEC Standard 17025 to perform testing using the test methods specified under §60.534.
      (2) As part of the application, the test laboratory must:
      (i) Agree to enter into a contract as described in §60.533(e) with each wood heater manufacturer for whom a certification test has been performed;
      (ii) Agree to participate biennially in a proficiency testing program conducted by the Administrator;
      (iii) Agree to allow the Administrator and delegated states and certifying bodies access to observe certification testing;
      (iv) Agree to comply with reporting and recordkeeping requirements that affect testing laboratories; and
      (v) Agree to perform a compliance audit test (as determined by the Administrator) at the cost normally charged to manufacturers if it is selected to conduct the compliance audit test of a model line originally tested for certification at another laboratory.
      (vi) Have no conflict of interest and receive no financial benefit from the outcome of certification testing conducted pursuant to §60.533.
      (vii) Agree to not perform initial certification tests on any models manufactured by a manufacturer for which the laboratory has conducted research and development tests within the last 5 years.
      (3) If the EPA approves the accreditation, the Administrator will provide the test laboratory with a certificate of accreditation. If the EPA denies the accreditation, the Administrator will give written notice to the laboratory setting forth the basis for the determination.
      (b)(1) The Administrator may revoke the EPA laboratory accreditation if it is determined that the laboratory:
      (i) Is no longer is accredited by the nationally recognized ISO certifying entity;
      (ii) Does not follow required procedures or practices;
      (iii) Has falsified data or otherwise misrepresented emission data;
      (iv) Failed to participate in a proficiency testing program, in accordance with its commitment under paragraph (a)(2)(ii) of this section; or
      (v) Failed to seal the wood heater in accordance with paragraph (d) of this section.
      (2) Revocation of accreditation under this paragraph will not take effect until the laboratory concerned has been given written notice by the Administrator setting forth the basis for the proposed determination and an opportunity for a Petition for Supplemental Review under §60.539. However, if revocation is ultimately upheld, all tests conducted by the laboratory after written notice was given will, at the discretion of the Administrator, be declared invalid.
      (c)(1) With the exception of laboratories meeting the provisions of paragraph (c)(2) of this section, and unless revoked sooner, a certificate of accreditation as an accredited test laboratory granted by the Administrator is valid for 5 years from the date of issuance.
      (2) Laboratories accredited by the EPA by [INSERT DATE OF PUBLICATION OF THE PROPOSED RULE IN THE FEDERAL REGISTER] under the provisions of §60.535 in effect prior to that date may continue to be accredited until [1 YEAR AFTER EFFECTIVE DATE OF FINAL RULE], at which time the accreditation ends unless the laboratory has obtained accreditation under §60.535 as in effect beginning on [EFFECTIVE DATE OF FINAL RULE].
      (d) A laboratory accredited by the Administrator must seal any wood heater on which it performed certification tests, immediately upon completion or suspension of certification testing, by using a laboratory-specific seal. For any tests that are suspended, the laboratory must email the EPA immediately with the date suspended, the reason(s) why, and the projected date for re-starting. The laboratory must submit the operation and test data obtained, even if the test is not completed.
      (e)(1) A Certifying Entity may apply to the Administrator for approval to be an EPA -approved certifying entity by submitting  credentials demonstrating that they have been accredited by a nationally recognized accrediting entity to perform certifications and inspections under ISO-17025, ISO-IEC Standard 17065 and ISO-IEC Standard 10720.
      (2) As part of the application, the certifying entity must:
      (i) Agree to enter into a contract as described in §60.533(e) with each wood heater manufacturer for whom a certification test has been performed and a test report has been received and reviewed;
      (ii) Agree to periodically conduct audits as described in §60.534 and manufacturer's QA/QC Plan;
       (iii)  Agree to participate biennially in a proficiency testing program conducted by the Administrator;
      (iv) Agree to comply with reporting and recordkeeping requirements that affect accredited wood heater testing laboratories and certifying entities;
      (v) Have no conflict of interest and receive no financial benefit from the outcome of certification testing conducted pursuant to §60.533;
      (vi)  Agree to make available to the EPA supporting documentation for each wood heater certification and audit; and
      (vii) Agree to not perform initial certification reviews on any models manufactured by a manufacturer for which the certifying entity has conducted research and development within the last 5 years.
      (3)  If approved, the Administrator will provide the certifying entity with a certificate of accreditation. The accreditation will expire 5 years after being issued unless renewed by the certifying entity. If the EPA denies the accreditation, the Administrator will give written notice to the certifying entity for the basis for the determination.
      (f)(1) The Administrator will revoke the EPA certifying entity accreditation if it is determined that the certifying entity;
      (i) Is no longer accredited by the nationally recognized ISO certifying entity
      (ii) Does not follow required procedures or practices;
      (iii) Has falsified certification data or otherwise misrepresented emission data; or
      (iv) Failed to participate in the EPA proficiency testing program.
      (2) Revocation of accreditation under this paragraph will not take effect until the certifying entity concerned is given written notice by the Administrator setting forth the basis for the proposed determination and an opportunity for a Petition for Supplemental Review under 60.539. However, if revocation is upheld, all tests reviewed by the certifying entity will, at the discretion of the Administrator, be declared invalid.
 §60.536 What requirements must I meet for permanent labels and owner's manuals?
      (a) Permanent Label Requirements.
      (1) Each affected wood heater manufactured on or after the date the applicable standards come into effect as specified in §60.532, must have a permanent label affixed to it that meets the requirements of this section.
      (2) Except for wood heaters subject to §60.530(b)(1) through (b)(5), the permanent label must contain the following information:
      (i) Month and year of manufacture of the individual unit;
      (ii) Model name or number; and
      (iii) Serial number.
      (3) The permanent label must:
      (i) Be affixed in a readily visible or accessible location in such a manner that it can be easily viewed before and after the appliance is installed;
      (ii) Be at least 8.9 cm long and 5.1 cm wide (3 1/2 inches long and 2 inches wide);
      (iii) Be made of a material expected to last the lifetime of the wood heater;
      (iv) Present required information in a manner so that it is likely to remain legible for the lifetime of the wood heater; and
      (v) Be affixed in such a manner that it cannot be removed from the appliance without damage to the label.
      (4) The permanent label may be combined with any other label, as long as the required information is displayed, the integrity of the permanent label is not compromised, and the permanent label still meets the requirements in §60.536(a)(3).
      (5) Any label statement under paragraph (b) or (c) of this section constitutes a representation by the manufacturer as to any wood heater that bears it:
      (i) That certification of compliance was in effect at the time the wood heater left the possession of the manufacturer;
      (ii) That the manufacturer was, at the time the label was affixed, conducting a quality assurance program in conformity with §60.533(o); and
      (iii) That any wood heater individually tested for emissions by the manufacturer under §60.533(o)(2) or (o)(4) met the applicable emissions limits.
      (b) If the adjustable burn rate wood heater or pellet stove belongs to a model line certified under §60.533, and it has been found to meet the applicable emission limits or tolerances through quality assurance testing, one of the following statements, as appropriate, must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Certified to comply with 1990 particulate emission standards.
Not approved for sale or operation after [6 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE]
or
U.S. ENVIRONMENTAL PROTECTION AGENCY
Certified to comply with 2014 particulate emission standards.
Not approved for sale or operation after [5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE]
or
U.S. ENVIRONMENTAL PROTECTION AGENCY
Certified to comply with 2019 particulate emission standards.
      (c) If the single burn rate wood heater belongs to a model line certified under §60.533, and it has been found to meet the applicable emission limits or tolerances through quality assurance testing, the following statements must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Certified to comply with 2014 particulate emission standards.
Not approved for sale or operation after [5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE]
or
U.S. ENVIRONMENTAL PROTECTION AGENCY
Certified to comply with 2019 particulate emission standards.
      (d)(1) If an affected wood heater is manufactured in the United States for export as provided in §60.530(b)(1), the following statement must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Export stove. May not be sold or operated within the United States.
      (2) If an affected wood heater is manufactured for use for research and development purposes as provided in §60.530(b)(2), the following statement must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Not certified. Research Stove. Not approved for sale or for operation other than research.
      (3) If an affected wood heater is exclusively a non wood-burning heater as provided §60.530(b)(3) the following statement must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
This heater is not certified for wood burning. Use of any wood fuel is a violation of federal law.
      (4) If an affected wood heater is a cookstove that meets the applicable definition in §60.531, the following statement must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
This unit is not a certified residential wood heater. The primary use for this unit is for cooking or baking.
      (5) If an affected wood heater is a camp stove that meets the applicable definition in §60.531, the following statement must appear on the permanent label:
U.S. ENVIRONMENTAL PROTECTION AGENCY
This unit is not a certified residential wood heater. For portable and temporary use only.
      (e) The permanent label for all certified wood heaters must also contain the following statement:
"This wood heater needs periodic inspection and repair for proper operation. Consult owner's manual for further information. It is against the law to operate this wood heater in a manner inconsistent with operating instructions in the owner's manual."
       (f) Owner's Manual.
      (1) Each affected wood heater offered for sale by a commercial owner must be accompanied by an owner's manual that must contain the information listed in paragraphs (f)(2)  and (f)(3) of this section. Such information must be adequate to enable consumers to achieve optimal emissions performance. Such information must be consistent with the operating instructions provided by the manufacturer to the accredited test laboratory for operating the wood heater during certification testing, except for details of the certification test that would not be relevant to the ultimate purchaser. The commercial owner must also make current and historical owner's manuals available on the company website and upon request to the EPA.
      (2) Installation information: Requirements for achieving proper draft.
      (3) Operation and maintenance information:
      (i) Fuel loading procedures, recommendations on fuel selection, and warnings on what fuels not to use, such as treated wood, colored paper, cardboard, solvents, trash and garbage.
      (ii) Fire starting procedures
      (iii) Proper use of air controls
      (iv) Ash removal procedures
      (v) Instructions for replacement of gaskets, air tubes and other parts that are critical to the emissions performance of the unit and other maintenance and repair instructions
      (vi) For catalytic models, information on the following pertaining to the catalytic combustor: Procedures for achieving and maintaining catalyst activity, maintenance procedures, procedures for determining deterioration or failure, procedures for replacement, and information on how to exercise warranty rights
      (vii) For catalytic models, the following statement --
"This wood heater contains a catalytic combustor, which needs periodic inspection and replacement for proper operation. It is against federal law to operate this wood heater in a manner inconsistent with operating instructions in this manual, or if the catalytic element is deactivated or removed."
      (viii) For noncatalytic models, the following statement --
"This wood heater needs periodic inspection and repair for proper operation. It is against federal law to operate this wood heater in a manner inconsistent with operating instructions in this manual."
      (4) Any manufacturer using the EPA-recommended language contained in appendix I of this part to satisfy any requirement of this paragraph (f) will be considered to be in compliance with that requirement, provided that the particular language is printed in full, with only such changes as are necessary to ensure accuracy for the particular wood heater model line.
      (i) Wood heaters that are affected by this subpart, but that have been owned and operated by a noncommercial owner, are not subject to paragraphs (g) and (h) of this section when offered for resale.
§60.537 What records must I keep and what reports must I submit?
      (a)(1) Each manufacturer who holds a certificate of compliance under §60.533(c) or (f) for a model line must maintain records containing the information required by this paragraph (a) with respect to that model line.
      (2) All documentation pertaining to the certification test used to obtain certification, including the full test report and raw data sheets, laboratory technician notes, calculations, and the test results for all test runs.
      (3) Results of the quality assurance program inspections required by §60.533(m).
      (4) For emissions tests conducted pursuant to the quality assurance program required by §60.533(o), all test reports, data sheets, laboratory technician notes, calculations, and test results for all test runs, the remedial actions taken, if any, and any follow-up actions such as additional testing.
      (b) Each accredited test laboratory and certifying entity must maintain records consisting of all documentation pertaining to each certification test, QA/QC inspection and audit test, including the full test report and raw data sheets, technician notes, calculations, and the test results for all test runs. Each accredited test laboratory must submit initial and biennial proficiency test results to the Administrator. Each certifying entity must submit each certification test, QA/QC inspection report and ISO IEC accreditation credentials to the Administrator.
      (c) Each manufacturer must retain each wood heater upon which certification tests were performed based upon which certification was granted under §60.533(c) or (f) at the manufacturer's facility for as long as the model line in question is manufactured. Each heater or furnace must remain sealed and unaltered. Any such wood heater must be made available to the Administrator upon request for inspection and testing.
      (d) Each manufacturer of an affected wood heater certified under §60.533(c) or (f) must submit a report to the Administrator every 2 years following issuance of a certificate of compliance for each model line. This report must include the sales for each model by state and certify that no changes in the design or manufacture of this model line have been made that require recertification under §60.533(k).
      (e)(1) Unless otherwise specified, all records required under this section must be maintained by the manufacturer, commercial owner of the affected wood heater, accredited test laboratory or certifying entity for a period of no less than 5 years.
      (2) Unless otherwise specified, all reports to the Administrator required under this subpart must be made to: XXXX Compliance Program at xxxx.gov/yyyy.
      (f) Within 60 days after the date of completing each performance test, each manufacturer or accredited test laboratory or certifying entity must submit performance test data electronically to the EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool (ERT) (http://www.epa.gov/ttn/chief/ert/index.html). Only data collected using test methods compatible with ERT are subject to this requirement to be submitted electronically to the EPA's CDX. Owners or operators who claim that some of the information being submitted for performance tests is confidential business information (CBI) must submit a completed ERT file, including information claimed to be CBI on a compact disk or other commonly used electronic storage media (including, but not limited to, flash drives), to the EPA, and the same ERT file, with the CBI omitted, to the EPA via CDX as described earlier in this paragraph. The compact disk must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. Emission data, including all information necessary to determine compliance, except sensitive engineering drawings and sensitive detailed material specifications, may not be claimed as CBI.
§60.538 What activities are prohibited under this subpart?
      (a) No person is permitted to operate an affected wood heater that does not have affixed to it a permanent label pursuant to §60.536 (b), (c), or (d)(2) through (d)(5).
      (b) No commercial owner is permitted to advertise for sale, offer for sale, or sell an affected wood heater labeled under §60.536(d)(1) except for export.
      (c)(1) No commercial owner is permitted to advertise for sale, offer for sale or sell an affected wood heater permanently labeled under §60.536 (b) or (c) unless:
      (i) The affected wood heater has been certified to comply with 2019 particulate emission standards. This prohibition does not apply to wood heaters affected by this subpart that have been previously owned and operated by a noncommercial owner; and
      (ii) The commercial owner provides any purchaser or transferee with an owner's manual that meets the requirements of §60.536(f), a copy of the warranty and a moisture meter.
      (2) No commercial owner is permitted to advertise for sale, offer for sale, or sell an affected wood heater permanently labeled under §60.536(d)(3), unless the affected wood heater has been certified to comply with 2019 particulate emission. This prohibition does not apply to wood heaters affected by this subpart that have been previously owned and operated by a noncommercial owner.
      (3) A commercial owner other than a manufacturer complies with the requirements of paragraph (c)(1) of this section if the commercial owner --
      (i) Receives the required documentation from the manufacturer or a previous commercial owner; and
      (ii) Provides that documentation unaltered to any person to whom the wood heater that it covers is sold or transferred.
      (d)(1) In any case in which the Administrator revokes a certificate of compliance either for the knowing submission of false or inaccurate information or other fraudulent acts, or based on a finding under §60.533(l)(1)(ii) that the certification test was not valid, the Administrator may give notice of that revocation and the grounds for it to all commercial owners.
      (2) On and after the date of receipt of the notice given under paragraph (d)(1) of this section, no commercial owner is permitted to sell any wood heater covered by the revoked certificate (other than to the manufacturer) unless the model line has been recertified in accordance with this subpart.
      (e) No person is permitted to install or operate an affected wood heater except in a manner consistent with the instructions on its permanent label and in the owner's manual pursuant to §60.536(f).
      (f) No person is permitted to operate an affected wood heater that was originally equipped with a catalytic combustor if the catalytic element is deactivated or removed.
      (g) No person is permitted to operate an affected wood heater that has been physically altered to exceed the tolerance limits of its certificate of compliance.
      (h) No person is permitted to alter, deface, or remove any permanent label required to be affixed pursuant to §60.536.
      (i) No certifying entity is permitted to certify its own certification test report.
§60.539 What Petition for Review procedures apply to me?
      (a)(1) In any case where the Administrator --
      (i) Denies an application under §60.530(c) or §60.533(f);
      (ii) Issues a notice of revocation of certification under §60.533(l);
      (iii) Denies an application for laboratory accreditation under §60.535(a); or
      (iv) Issues a notice of revocation of laboratory accreditation under §60.535(b), the manufacturer or laboratory affected may submit to the EPA, a Petition for Review request under this section within 30 days following receipt of the required notification of the action in question.
      (2) In any case where the Administrator issues a notice of revocation under §60.533(p), the manufacturer may submit to the EPA a Petition for Review request under this section with the time limits set out in §60.533(p)(4).
      (b) Any Petition for Review request must be in writing, must be signed by an authorized representative of the petitioning manufacturer or laboratory, and must include a statement and supporting documentation setting forth with particularity the petitioner's objection to the Administrator's determination or proposed determination.
      (c) Upon receipt of a Petition for Review under paragraph (a) of this section, the Administrator shall provide a written response within 45 days.
§60.539a Who implements and enforces this subpart?
      (a) In delegating implementation and enforcement authority to a state under section 111(c) of the Act, the authorities contained in paragraph (b) of this section must be retained by the Administrator and not transferred to a state.
      (b) Authorities that must not be delegated to states:
      (1) Section 60.531, Definitions;
      (2) Section 60.533, Compliance and certification;
      (3) Section 60.534, Test methods and procedures; and
      (4) Section 60.535, Laboratory accreditation.
§60.539b What parts of the General Provisions do not apply to me?
      The following provisions of subpart A of part 60 do not apply to this subpart:
      (a) Section 60.7;
      (b) Section 60.8(a), (c), (d), (e), (f) and (g); and
      (c) Section 60.15(d).
      4. Part 60 is amended by adding subpart QQQQ to read as follows:
Subpart QQQQ  -  Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces
Sec.
60.5472 Am I subject to this subpart?
60.5473 What definitions must I know?
60.5474 What standards and requirements must I meet and by when?
60.5475 What compliance and certification requirements must I meet and by when?
60.5476 What test methods and procedures must I use to determine compliance with the standards and requirements for certification?
60.5477 What procedures must I use for laboratory accreditation?
60.5478 What requirements must I meet for permanent labels and owner's manuals?
60.5479 What records must I keep and what reports must I submit?
60.5480 What activities are prohibited under this subpart?
60.5481 What Petition for Review procedures apply to me?
60.5482 Who implements and enforces this subpart?
60.5483 What parts of the General Provisions do not apply to me?
Subpart QQQQ  -  Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces
§60.5472 Am I subject to this subpart?
      (a) You are subject to this subpart if you operate, manufacture, sell, offer for sale, import for sale, distribute, offer to distribute, introduce, or deliver for introduction, into commerce in the United States, residential hydronic heater or forced-air furnace manufactured on or after [EFFECTIVE DATE OF FINAL RULE].
      (b) Each residential hydronic heater or forced-air furnace must comply with the provisions of this subpart unless exempted under paragraphs (b)(1) through (b)(3) of this section.
      (1) Affected residential hydronic heaters or forced-air furnaces manufactured in the United States for export are exempt from the applicable emission limits of §60.5474 and the requirements of §60.5475.
      (2) Affected residential hydronic heaters or forced-air furnaces used for research and development purposes that are never offered for sale or sold and that are not used to provide heat are exempt from the applicable emission limits of §60.5474 and the requirements of §60.5475. No more than 12 affected residential hydronic heaters or forced-air furnaces manufactured per model line may be exempted for this purpose.
      (3) Appliances that do not burn wood or wood pellets (such as coal-only hydronic heaters or forced-air furnaces that meet the definition in §60.5473 or corn-only hydronic heaters or forced-air furnaces) are exempt from the applicable emission limits of §60.5474 and the requirements of §60.5475.
      (c) The following are not affected residential hydronic heaters or forced-air furnaces and are not subject to this subpart:
      (1) Residential wood heaters subject to subpart AAA of this part.
      (2) Residential masonry heaters subject to subpart RRRR of this part.
§60.5473 What definitions must I know?
      As used in this subpart, all terms not defined herein have the same meaning given them in the Clean Air Act and subpart A of this part.
      Accredited test laboratory means a test laboratory that is accredited for residential hydronic heater or forced-air furnace certification testing under §60.5477 and is an independent third-party test laboratory that is accredited by a nationally recognized accrediting entity under ISO-IEC Standard 17025 to perform testing using the test methods specified in §60.5476 and approved by the EPA for conducting certification tests under this subpart.
      At retail means the sale by a commercial owner of a residential hydronic heater or forced-air furnace to the ultimate purchaser.
      Central heater means a fuel-burning device designed to burn wood or wood pellet fuel that warms spaces other than the space where the device is located, by the distribution of air heated by the furnace through ducts or liquid heated in the device and distributed typically through pipes. Unless otherwise specified, these devices include residential forced-air furnaces and residential hydronic heaters.
      Certifying entity means an independent third party that is accredited by a nationally recognized accrediting entity under ISO-IEC Standard 17020 to perform certifications, inspections and audits under ISO-IEC Guide 17065 and approved by the EPA for conducting certifications, inspections and audits under this subpart.
      Coal-only hydronic heater or forced-air furnace means an enclosed, coal-burning appliance capable of space heating or domestic water heating that has all of the following characteristics:
      (1) Installation instructions that state that the use of wood in the appliance, except for coal ignition purposes, is prohibited by law; and
      (2) The model is listed by a nationally recognized safety-testing laboratory for coal use only, except for coal ignition purposes.
      Commercial owner means any person who owns or controls a residential hydronic heater or forced-air furnace in the course of the business of the manufacture, importation, distribution, or sale of the unit.
      Manufactured means completed and ready for shipment (whether or not packaged) for purposes of determining the date of manufacture.
      Manufacturer means any person who constructs or imports into the United States a residential hydronic heater or forced-air furnace.
      Model line means all residential hydronic heaters or forced-air furnaces offered for sale by a single manufacturer that are similar in all material respects as defined in this section.
      Particulate matter (PM) means total particulate matter including PM10 and PM2.5.
      Pellet fuel means refined and densified solid wood shaped into small pellets or briquettes that are uniform in size, shape, moisture, density and energy content.
      Representative residential hydronic heater or forced-air furnace means an individual residential hydronic heater or forced-air furnace that is similar in all material respects as defined in this section to other residential hydronic heaters or forced-air furnaces within the model line it represents.
      Residential forced-air furnace means a fuel burning device designed to burn wood or wood pellet fuel that warms spaces other than the space where the furnace is located, by the distribution of air heated by the furnace through ducts.
      Residential hydronic heater means a fuel burning device designed to burn wood or wood pellet fuel for the purpose of heating building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a water and antifreeze mixture.
      Sale means the transfer of ownership or control, except that a transfer of control of an affected residential hydronic heater or forced-air furnace for research and development purposes within the scope of §60.5472(b)(2) is not a sale.
      Seasoned wood means wood with a moisture content of 20 percent or less.
      Similar in all material respects means that the construction materials, exhaust and inlet air system, and other design features are within the allowed tolerances for components identified in §60.533(k).
      Valid certification test means a test that meets the following criteria:
      (1) The Administrator was notified about the test in accordance with §60.5476(f);
      (2) The test was conducted by an accredited test laboratory as defined in this section;
      (3) The test was conducted on a residential hydronic heater or forced-air furnace similar in all material respects as defined in this section to other residential hydronic heaters or forced-air furnaces of the model line that is to be certified; and
      (4) The test was conducted in accordance with the test methods and procedures specified in §60.5476.
§60.5474 What standards and requirements must I meet and by when?
      (a) Particulate Matter Standards. Unless exempted under §60.5472, no person is permitted to:
      (1) On or after [EFFECTIVE DATE OF FINAL RULE], manufacture or sell at retail a residential hydronic heater unless it has been certified to meet the 2014 particulate matter emission limits in paragraph (b)(1) of this section.
      (2) On or after [5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE] manufacture or sell at retail a residential hydronic heater unless it has been certified to meet the 2019 particulate matter emission limit in paragraph (b)(2) of this section.
      (3) On or after [EFFECTIVE DATE OF FINAL RULE], manufacture or sell at retail a residential forced-air furnace unless it has been certified to meet the 2014 particulate matter emission limits in paragraph (b)(3) of this section.
      (4) On or after [5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE] manufacture or sell at retail a residential forced-air furnace unless it has been certified to meet the 2019 particulate matter emission limit in paragraph (b)(4) of this section.
      (b)(1) 2014 residential hydronic heater particulate matter emission limit: 0.32 lb/million Btu (0.137 g/megajoule) heat output and 7.5 g/hr (0.017 lb/hr) as determined by the test methods and procedures in §60.5476.
      (2) 2019 residential hydronic heater particulate matter emission limit: 0.06 lb/million Btu (0.026 g/megajoule) heat output as determined by the test methods and procedures in §60.5476.
       (3) 2014 forced-air furnace particulate matter emission limit: 0.93 lb/million Btu (0.40 g/megajoule) heat output and 7.5 g/hr (0.017 lb/hr) as determined by the test methods and procedures in §60.5476.
      (4) 2019 forced-air furnace particulate matter emission limit: 0.06 lb/million Btu (0.026 g/megajoule) heat output as determined by the test methods and procedures in §60.5476.
      (c) [Reserved]
      (d) [Reserved]
      (e) Pellet Fuel Requirements. Operators of outdoor residential hydronic heaters, indoor residential hydronic heaters, or residential forced-air furnaces that are certified to burn pellet fuels may only burn pellets that have been produced under a licensing agreement with the Pellet Fuels Institute or an equivalent organization approved by the EPA. The pellet fuel must meet the following minimum requirements:
      (1) Density: consistent hardness and energy content with a minimum density of 38 pounds/cubic foot;
      (2) Dimensions: maximum length of 1.5 inches and diameter between 0.230 and 0.285 inches;
      (3) Inorganic fines: less than or equal to 1 percent;
      (4) Chlorides: less than or equal to 300 parts per million by weight; and
      (5) Ash content: no more than 2 percent.
      (6) A quality assurance process licensed by the Pellet Fuel Institute or equivalent organization approved by EPA.
      (f) Prohibited Fuel Types. No person is permitted to burn any of the following materials in an outdoor residential hydronic heater, indoor residential hydronic heater, or residential forced-air furnace:
      (1) Residential or commercial garbage;
      (2) Lawn clippings or yard waste;
      (3) Materials containing rubber, including tires;
      (4) Materials containing plastic;
      (5) Waste petroleum products, paints or paint thinners, or asphalt products;
      (6) Materials containing asbestos;
      (7) Construction or demolition debris;
      (8) Paper products; cardboard, plywood or particleboard. The prohibition against burning these materials does not prohibit the use of fire starters made from paper, cardboard, saw dust, wax and similar substances for the purpose of starting a fire in an affected residential hydronic heater or forced-air furnace;
      (9) Railroad ties or pressure treated lumber;
      (10) Manure or animal remains;
      (11) Salt water driftwood or other or other previously salt water saturated materials;
      (12) Unseasoned wood; or
      (13) Any materials that were not included in the certification tests for the subject heater or furnace.
      (g) Owner's Manual. A person must not operate an outdoor residential hydronic heater, indoor residential hydronic heater, or residential forced-air furnace in a manner inconsistent with the owner's manual. The owner's manual must clearly specify that operation in a manner inconsistent with the owner's manual would violate the warranty.
§60.5475 What compliance and certification requirements must I meet and by when?
      (a)(1) Certification Requirement. Each affected residential hydronic heater and forced-air furnace must be certified to be in compliance with the applicable emission standards and other requirements of this subpart. For each model line manufactured or sold by a single entity, e.g., company or manufacturer, compliance with applicable emission standards of §60.5474(b) must be determined based on testing of representative affected residential hydronic heaters and forced-air furnaces within the model line. If one entity licenses a model line to another entity, each entity's model line must be certified. If a entity changes the name of the entity or the name of the model, the manufacturer must apply for a new certification.
      (2) The manufacturer of each model line must submit the information required in §60.533(b) and follow the certification procedure specified in §60.533(f) except that, for the purposes of this paragraph, the references in §60.533(f) to the "emission standards" in §60.532 must be understood to refer to the emission limits in §60.5474(b).
      (b) Waiver from Submitting Test Results. An applicant for certification may apply for a potential waiver of the requirements to submit the results of a certification test pursuant to the certification procedures specified in §60.533(f) according to the procedure specified in §60.533(g)(1).
      (c) Certification Period. Unless revoked sooner by the Administrator, a certificate of compliance will be valid 5 years from the date of issuance.
      (d) Renewal of Certification.
      (1) Any manufacturer of an affected residential hydronic heater or forced-air furnace may apply to the Administrator for potential renewal of a certificate of compliance by submitting the material specified in §60.533(b) and following the procedures specified in §60.533(f).
      (2) The certificate must be recertified or renewed every 5 years or the manufacture may choose to no longer manufacture or sell that model. If the manufacturer chooses to no longer manufacture or sell that model, then the manufacturer must submit a statement to the EPA for that model. A manufacturer may apply for potential renewal of their certificate by submitting certification information in accordance with §60.533(b) or by affirming in writing that the wood heater has been subject to no changes that would impact emissions and request a potential waiver from certification testing.
      (3) If the Administrator grants or waives certification testing under paragraph (d)(2) of this section, the Administrator will give written notice to the manufacturer setting forth the basis for the determination and issue a certification renewal.
      (4) If the Administrator denies the request for a renewal of certification, the Administrator will give written notice to the manufacturer setting forth the basis for the determination.
      (e) Recertification. The procedure specified in §60.533(k) must be used to determine when a product line must be recertified.
      (f) Criteria for Revocation of Certification.
      (1) The Administrator may revoke certification of a product line if it is determined that the residential hydronic heaters or forced-air furnaces being manufactured or sold in that model line do not comply with the requirements of this subpart. Such a determination will be based on all available evidence, including but not limited to:
      (i) Test data from retesting of the original unit on which the certification was conducted or a similar unit;
      (ii) A finding that the certification test was not valid. The finding will be based on problems or irregularities with the certification test or its documentation, but may be supplemented by other information;
      (iii) A finding that the labeling of the residential hydronic heater or forced-air furnace model line or the owner's manual or marketing information does not comply with the requirements of §60.5478;
      (iv) Failure by the manufacturer to comply with the reporting and recordkeeping requirements of §60.5479;