However, we also seek to balance industry's R&D needs with timely and
efficient standards, and so we are seeking comment on the alternative
approach outlined immediately above and in section III.
5. Other Proposed Emissions Testing and Reporting
a. Efficiency Testing and Reporting
    While the CAA gives the EPA authority to set standards for
emissions, and we have issued final rules that have used a variety of
formats for such standards, including efficiency, we lack sufficient
data to propose efficiency standards for residential wood heaters at
this time. We are proposing only to require testing and reporting but
not a minimum efficiency standard. Current data and other information
from manufacturers and testing laboratories and the NYSERDA ``European
Wood-Heating Technology Survey'' discussed earlier in this preamble
show that, in general, the same types of improved combustion BSER
designs that tend to reduce PM2.5 emissions also tend to
increase combustion efficiency, reduce CO emissions and improve
efficiency. Current subpart AAA allows sources to either measure
efficiency or report a default efficiency value. We believe these
proposed subparts are an excellent opportunity to standardize the
collection and reporting of such data.
    Most industry members support the collection and reporting of
tested efficiency values, but some do not necessarily support an
efficiency standard because they have concerns that efficiency
standards would encourage a ``ratings race'' and worry that some
manufacturers would sacrifice operational viability in the field for a
higher efficiency rating. We agree that some heat loss is necessary to
ensure adequate draft out the chimney/stack and not backdrafting into
living areas. However, we do not expect manufacturers to jeopardize
their reputation or operator safety for a higher rating, and we believe
that competition among manufacturers to increase their heaters/stoves'
efficiencies is good for consumers and the environment. We request
specific comments and supporting data that would help inform the need
for and level of a possible efficiency standard. Also, we ask for
specific comments on how, in the meantime, to best ensure consumers
have access to the best information on efficiency performance, e.g.,
labels, owner's manual, Burn Wise Web site and/or other means.
b. CO Testing and Reporting
    We considered developing CO emission limits for all new residential
wood heaters. However, our current data for CO emissions performance
and methods of control are not sufficiently robust to support strong CO
emission limits, and it would delay the NSPS if we were to seek
additional data elsewhere at this time to support strong CO emission
limits. We expect the CO emissions to be reduced as a result of the
control of PM, because meeting the PM standards will be achieved
primarily by BSER based on good combustion (and in some cases catalysts
and hybrids) which will also result in good CO reductions without
additional standards for CO. However, we are proposing that
manufacturers measure and report CO. We believe this information will
be useful to consumers and state and local regulators. Requiring
manufacturers to measure and report CO emissions would also result in
the collection of data that could be used in the future to establish a
CO emissions limit. We are requesting specific comments and supporting
data on the need for and level of a possible CO emissions standard.
Also, we ask for comments on whether we should require CO monitors to
help ensure proper operation of the heater and to reduce health and
safety concerns for appliances that are installed in occupied areas.
c. Pellet Fuel Requirements
    A wide variety of pellet fuels is available for purchase. However,
in some cases, quality claims on the pellet fuel bag do not necessarily
reflect what is in the bag and there can be variable performance.
Manufacturers' data show that some fuel qualities have worse burning
characteristics and operational characteristics than others, which
results not only in heater performance problems but also increased
emissions of PM. The PFI, an industry trade organization, has had
pellet fuel quality standards in place since 1995, with updated
standards issued in 2005, and again, most recently in 2011 (http://pelletheat.org/wp-content/uploads/2011/11/PFI-Standard-Specification-November-2011.pdf), in response to the EPA's planned revisions to the
residential wood heaters NSPS. We have reviewed the PFI program and
believe it is a good program that obviates the need for the EPA to
develop our own program at this time. Under the proposed NSPS, pellet
burning appliances would be tested using PFI (or, upon request to the
EPA Administrator, an equivalent organization's) graded pellet fuel(s).
Once certified, pellet burning appliances would only be allowed to burn
the grade of fuel that the appliance manufacturer chose for the
appliance certification test and the manufacturer specifies in their
owner's manual for the operator to use. As discussed above, use of
inferior grades would cause heater operational problems and increase
emissions. The overall intent of the certification process is to
increase the consistency and quality of pelletized fuel throughout the
industry, and, thus, reducing appliance operational problems and
helping certified appliances perform at the emission levels to which
they are certified. Heater manufacturers have indicated to us that
market competition will compel them to specify the widest range of
grades for

which their heaters will properly perform.
    The PFI is also implementing a quality assurance program to ensure
that manufacturers reliably produce graded fuels. We propose to require
adherence to this program (or equivalent) as a condition of producing
graded pellet fuels to be used in obtaining certification under the
NSPS. Similar to the NSPS quality assurance program, the PFI quality
assurance program relies on use of accreditation and auditing bodies
that:

 Accredit auditing agencies and testing laboratories
 Implement and enforce the program, including testing that the
pellet fuels meet the grading specifications
 Maintain the enforcement regulations
 Administer a laboratory proficiency program
 Pursue product complaints

    In addition, accredited auditing agencies perform the following
tasks:

 Certify the production of densified fuel manufacturers
 Authorize production facilities to use PFI's ``grading mark''
 Conduct regular audits and extracts samples for third party
verification
 Revoke authority to use the PFI mark, if necessary

    Accredited testing laboratories perform the following activities:

 Provide QA/QC testing for fuel producers--``as needed''
 Provide testing for samples collected by auditing agencies
 Participate in the accreditation body's proficiency testing
program

    Finally, the densified fuel producers perform the following
activities:

 Develop an in[hyphen]house QA/QC program based on the PFI QA/
QC handbook and the PFI standard specification
 Select an auditing agency and test lab
 Demonstrate compliance with grading system component
 Maintain compliance through periodic audits, inspection and
testing

    As noted earlier, we have reviewed the PFI program and believe it
is a good program that obviates the need for the EPA to develop our own
program at this time. We ask for specific comments on this decision and
the PFI program.
d. Prohibited Fuel Types
    As regulated in the current 1988 subpart AAA standards for
residential wood heaters/stoves, operation according to the owner's
manual requires operation with the appropriate fuels because the choice
of fuels to burn in any appliance can have a major impact on emissions
and efficient operation of the appliance. For clarity, we are proposing
a list of prohibited fuel types (e.g., trash, plastics, yard waste) to
emphasize the responsibility of owners and operators to use appropriate
fuels that will result in the performance of the unit as certified, to
avoid the creation of possibly hazardous fumes from burning
inappropriate materials, and to ensure that appliance continues to
operate as designed. Even with burning clean wood, one of the key
factors affecting emissions is the moisture content. Some advocates
have suggested that we only allow use of wood certified to a certain
moisture level and that we include visible emission limits as a tool to
help with practical enforceability of the requirements for proper
operation and maintenance. Manufacturers typically include in their
owner's manuals information on proper maintenance and operation and
state that the wood must be properly seasoned so that the moisture
content is not too high for proper operation. Some manufacturers
include moisture meters for the operators. We are proposing to require
commercial owners (direct distribution manufacturers and retailers) to
provide a moisture meter with the wood heater at the time of sale,
along with the owner's manual and a copy of the warranty. We request
specific comments on whether we should include more specific
requirements on proper operations, such as the moisture content of the
wood and visible emission limitations.

C. How did we establish the proposed compliance timelines?

    The following table summarizes the proposed compliance timelines
for the appliances covered by the three subparts.

             Table 13--Summary of Proposed Compliance Dates
------------------------------------------------------------------------
             Appliance type                      Compliance date
------------------------------------------------------------------------
Adjustable Rate Wood Heaters or Pellet   1988 requirements remain in
 Heaters/Stoves with Current EPA          effect for these heaters/
 Certification Issued Prior to the        stoves through the later of
 Effective Date of the Final Rule.        the effective date of the
                                          final revised rule or
                                          expiration of current
                                          certification (maximum of 5
                                          years after certification and
                                          no renewal).
All Other Adjustable Rate Wood Heaters   Step 1: upon the effective date
 or Pellet Heaters/Stoves (includes       of the final rule.
 currently certified heaters after the   Step 2: 5 years after the
 certification expires).                  effective date of the final
                                          rule.
Single Burn Rate Heaters...............  Step 1: Upon the effective date
                                          of the final rule.
                                         Step 2: 5 years after the
                                          effective date of the final
                                          rule.
Hydronic Heaters.......................  Step 1: Upon the effective date
                                          of the final rule.
                                         Step 2: 5 years after the
                                          effective date of the final
                                          rule.
Forced-Air Furnaces....................  Step 1: Upon the effective date
                                          of the final rule.
                                         Step 2: 5 years after the
                                          effective date of the final
                                          rule.
Masonry Heaters........................  Large manufacturers: Upon the
                                          effective date of the final
                                          rule for large manufacturers.
                                         Small manufacturers: 5 years
                                          after the effective date of
                                          the final rule.
------------------------------------------------------------------------

    The proposed compliance dates are tied to the effective date of the
final standards. As stated earlier, an element of the BSER
determination includes reasonable lead time for R&D to develop and
certify cleaner units. We think limited or no R&D is needed to comply
with the proposed Step 1 BSER standards. This allows manufacturers
approximately 1 year between the date of this proposal and the date of
the final rule to meet proposed compliance standards and limits. This
1-year period is in addition to the time that manufacturers have had
leading up to this proposed rule.
    We allowed small producers of masonry heaters that do not have a
history of federal or extensive state regulation, or experience with
voluntary partnership programs, 5 years after the effective date of the
final rule to come into compliance with the same emission standards as
larger masonry heater manufacturers in order to ensure a reasonable
lead-time.

    Finally, we think our proposal for a 6-year lead time before the
Step 2 BSER limits (i.e., 5 years after the effective date of the final
rule) would allow manufacturers a reasonable time to develop complying
models, access the necessary capital to develop them, and complete the
certification process.
    We are proposing a 6-month ``sold at retail'' provision for
adjustable burn rate wood heaters, single burn rate heaters/stoves, and
pellet heaters/stoves that were manufactured prior to the effective
date of the final rule, but not yet sold. This ``sold at retail''
provision is similar to that provided in the current subpart AAA, and
provides a reasonable transition for manufacturers to recoup their
investment in their stock on hand. We believe this provision would have
a nominal impact on air quality, because the majority of these
appliances are already expected to achieve the Step 1 emission limits.
For small producers of masonry heaters, we are proposing an additional
5-year lead-time. We are not proposing to apply these extensions to
other sources regulated by this proposal. We do not believe that an
additional ``sold at retail'' provision is needed for outdoor and
indoor hydronic heaters and forced-air furnaces. In the case of
hydronic heaters, we believe that any delay of the compliance deadline
for sales would also result in the sale and long-term use of non-
complying units, with a potentially adverse quality impact. We request
specific comments on whether there are other factors we should consider
regarding this ``sold at retail'' window and what length of time might
be considered appropriate in specific circumstances.
    While the original subpart AAA created a 1-year compliance
extension for wood heater manufacturers producing less than 2,000
heaters per year, this proposed rule does not include a compliance
extension provision for single burn rate heaters. The purpose of the
original NSPS compliance date extension was to reduce the potential for
a testing logjam and to provide small manufacturers additional time to
conduct R&D, obtain financing, or purchase complying designs likely to
meet the proposed standards. We believe that manufacturers and testing
facilities have now had sufficient time and have gained the expertise
necessary to meet these standards as proposed and that meeting the
proposed compliance dates will impose no undue imposition on
manufacturers or testing facilities. We request comment on the need for
such a compliance extension and the number of models that might qualify
as a small single burn rate heater manufacturer.
    As stated above, we are proposing a 5-year compliance date
extension for masonry heater manufacturers that sell fewer than 15
units per year. We also seek comments on whether we should have a cap
on the total units sold in the 5 years, perhaps 50 units. Most of these
manufacturers are very small companies. There are only a few major
producers. According to one manufacturer, the Finnish firm, Tulikivi,
manufactures and supplies about one-half of the U.S. masonry heater
units installed yearly through its network of installing distributors.
The second largest producer is a Canadian firm, Temp-Cast, which
manufactures and exports a large percentage of the remainder as
internal core components only to U.S. dealer/installers and homeowners.
This manufacturer states that the remainder of the industry is dozens
of small producers and installers who produce only a few units, most of
which are custom and individually designed. This manufacturer also
stated that over 80 percent of U.S. masonry heater installations use
manufactured core product installation and are not custom site built
(brick-by-brick).
    Because of the resources required to develop, test, and certify
masonry heaters (estimated by industry to be approximately $250,000 per
model, although our cost analysis used a larger estimate), we have
concluded that a manufacturer of a small number of custom site-built
model(s) of masonry heaters would likely be unable to recover the total
cost of R&D and certification testing costs in a reasonable timeframe.
Similarly, a company that makes core components or sells design kits
would be unable to recover total costs if only a few such components or
kits are sold per year. We estimated that the annualized cost for
developing, testing and certifying a single model is approximately
$60,000, most of which is the cost of R&D. If a seller makes $5,000 of
profit on each model sold, he or she would need to sell 12 units per
year to break even. The masonry heater industry recognized concerns
about these costs, and it has developed an alternative compliance
method based on computer simulations. The industry expects that this
alternative will allow sharing licensing of cleaner designs such that
the initial software purchase would cost approximately $1,500 but
ongoing annual licensing cost will be approximately $450 per
manufacturer. We believe the 5-year compliance date extension discussed
above for masonry heater manufacturers that sell fewer than 15 units
per year will allow sufficient time for manufacturers to become
comfortable with this alternative, and use it to demonstrate
compliance.
    We considered proposing a compliance exemption for small
manufacturers of masonry heaters because of the overall small size of
the market. However, we were concerned that this might encourage
installation of cheaper, low-performing models, which would place
complying models at a potential disadvantage. We request comment on the
need for either a compliance date extension or a compliance date
exemption for masonry heaters and the length of time that we should
allow.
    We are not proposing any extensions or exemptions for small
manufacturers of adjustable burn rate wood heaters or pellet heaters/
stoves. Adjustable burn rate wood heaters are already subject to the
NSPS, and we have estimated that they should not face any R&D expenses
to comply with the Step 1 standards. To reduce unnecessary
certification costs, we are proposing to allow a one-time waiver from
performance testing for the first certification period for any
manufacturer that has previously conducted a valid certification test
that demonstrates the wood heaters in the model line meet the proposed
standards. We also believe that pellet heaters/stoves would not face
any R&D costs to comply with the proposed Step 1 standards, and we
estimate that certification costs will only pose a minor impact. We
request comment on whether there are other factors we should consider
regarding a small manufacturer compliance extension for these
appliances.
    We also are not proposing a small manufacturer compliance extension
for the Step 1 standards for new residential hydronic heaters or
forced-air furnaces. There are currently 36 hydronic heater models
built by 17 U.S. manufacturers that have already been qualified to meet
the Phase 2 voluntary partnership program level of 0.32 lb/MM BTU.
Manufacturers of hydronic heaters and forced-air furnaces have known
for several years that we were drafting this proposal and that the
states have been very concerned about emissions from the models that
may not meet the proposed standards; and we do not want to perpetuate
sales and use of models unless they demonstrate they do meet the
standards. Once again, we request comment on whether there are other
factors we should consider regarding a small manufacturer compliance
extension for these appliances and what number of appliances sold would
constitute a small volume manufacturer.

    As discussed above, we recognize there is some concern, as there
was with the initial NSPS compliance dates, that testing laboratories
capacity may not be able to meet the demand for certification tests in
the first few years. However, we believe that the steps we have already
proposed, the availability of additional ISO-accredited labs, the
advance notice that industry has had concerning the NSPS prior to this
proposal, and the time between this proposal and the proposed
compliance date of the final rule, should ensure that adequate
compliance certification resources are available. The logjam provisions
of the current 1988 NSPS were never invoked, and we do not think they
are needed at this time. However, we are taking comment on this issue.
We also request comment on whether these compliance timelines strike
the right balance between avoiding undue economic burdens and the need
to get better performing models on the market as soon as possible to
reduce emissions, and whether other compliance dates would be
appropriate.

D. How are we proposing to streamline the requirements for
certification, quality assurance and laboratory accreditation?

    As part of the NSPS review process, several stakeholders stated the
need to improve the current certification and quality assurance
requirements. For example, some pellet heaters/stove manufacturers said
one reason they avoid certifying their heaters/stoves is because they
are concerned that the current process is a barrier to rapid product
development and making changes to respond to market demand. Many
manufacturers were also concerned that, as the scope of the NSPS
program expands to include multiple appliance types, the certification
program would act as a logjam. Some states are concerned, however, that
moving away from the EPA certification might result in less effective
oversight. At the EPA, we are also looking for ways to use our
enforcement resources more effectively.
    We believe that the proposed changes, described in section III.A
regarding a third-party certification program by an ISO-accredited
certifying body and testing at ISO-accredited labs, will facilitate the
development of improved designs by providing a faster approval process
and reducing redundancies in quality assurance for emissions testing
and safety testing, and will improve enforcement by providing for more
frequent on-site inspections of manufacturing facilities and
laboratories. For example, safety certification audits take place
quarterly and include the random inspection of manufactured units for
compliance with design and safety factors. The experience of the
voluntary partnership programs' ISO process has shown that the third-
party approach can work.
    We also reviewed the list of design changes (the ``k'' list; See 40
CFR, subpart AAA, Sec.  60.633(k)) that would result in a need to
recertify a model line when certain tolerances are exceeded. We
reviewed this list based on the experience we have to date on the types
of changes that are significant and knowledge about current
manufacturing processes that help prevent these changes from occurring.
The resulting list focuses on the following key tolerances:

 Firebox dimensions
 Air introduction systems
 Dimensions and locations of the baffle, catalyst, refractory/
insulation, flue gas exit, and the outer shielding and covering
 Dimensions and fit of the gaskets for the door and catalyst
bypass
 Fuel feed system
 Forced air combustion system

    We believe these changes will focus resources on the significant
changes that could affect emissions performance of the model in
question. We ask for specific comments on this list and the level of
appropriate tolerances.
    We propose to revise the requirement for manufacturers to conduct
quality assurance emission tests once a specified number of units are
sold. Instead, we propose to replace this numerical trigger with a
requirement to retest when manufacturer-specific quality assurance
criteria (e.g., multiple errors in safety tests) are exceeded. We
believe that development of a manufacturer-specific quality assurance
plan with specific criteria and approval by an ISO-accredited
certifying body (or EPA-approved equivalent) and required follow-up by
that certifying body is a more direct measure of possible performance
issues, but we request comment on the exact event(s) that should be
used as the trigger(s) to retest and whether the triggering event(s)
should vary by appliance type.
    We are proposing to retain final EPA approval of the certification,
and we also propose to require the manufacturer to submit with the
application for certification a statement signed by a responsible
official that the manufacturer has complied with all requirements of
the subpart and that the manufacturer understands that he or she
remains responsible for compliance regardless of noncompliance by the
certifying body. We believe this combination of requirements would
provide meaningful EPA oversight, assign clear lines of responsibility,
and free up resources to do more on-site inspections and other quality
assurance activities, such as addressing issues of counterfeit
certificates or absence of certificates.
    The current random compliance audit testing of the certification
testing program is considered underused by many. The EPA recognized
this and has recently initiated such testing.
    A key element of the current 1988 NSPS laboratory audit program is
the ``round robin'' test program. In this program, the EPA purchases a
wood heater and sends it to each of the accredited laboratories to
conduct emissions tests (two runs at each burn rate for a total of
eight runs). The EPA then compares the results to determine inter-
laboratory performance. The EPA recognizes that we have not given this
program as much attention as was envisioned in 1988. Thus, we propose
to strengthen this program by specifying that every laboratory
conducting certification tests under the NSPS must participate in the
round robin tests every other year. If a lab's results are not within
10 percent of the value at which the heater was certified,
then the lab must conduct another 8 runs. Also, we will remind the
manufacturers that, as always, the EPA may potentially use this
information to help determine the need for manufacturer audits and
potential enforcement actions. We think that these requirements and
reminders, combined with the proposed changes in test methods
(described in greater detail in the test methods discussion in this
preamble) and implementation of the ISO process will help improve
inter-laboratory repeatability and reproducibility.

E. What changes and additions to the allowed test methods are we
proposing?

    As described earlier in this preamble, we are proposing changes to
the test methods required by subpart AAA. We are also proposing test
methods for the new subparts QQQQ and RRRR (as described earlier). In
addition, we are proposing new requirements for testing and ultimately
certifying using cord wood, which is what the consumer burns. All
affected devices required to be tested using Method 28 or Method 28 WHH
would now be required to conduct such tests using crib wood and cord
wood. Under Proposed Step 1, manufacturers would have the option of
selecting which of these test results to use to show compliance with
the emissions standards. In other words, we

are proposing to require manufacturers to conduct two separate tests,
one with crib wood and one with cord wood. We are also proposing that
manufacturers be required to report the results of both tests to the
EPA, but manufacturers can choose to certify with either crib or cord
wood under Proposed Step 1. Under Proposed Step 2, manufacturers would
be required to show compliance testing with cord wood.
    We are also proposing to revise the test methods to require the
addition of 1-hour filters for each test run to gather data regarding
startup and anticipated peaks. Further, we are proposing new compliance
requirements for Step 2 with emissions limits at the lowest burn rate
(Category 1) and the maximum burn rate (Category 4), not a weighted
average of the four burn rates, as in the current 1988 NSPS.
    Based on the extensive consensus development process, history of
the subpart AAA NSPS and hydronic heater voluntary partnership program
emission test experience, and review of similar international
standards, we believe the proposed methods reflect state-of-the-art
test methods. However, we request specific comment on test method
related issues and any data supporting such issues or concerns.

F. What other changes and additions to the administrative requirements
are we proposing?

    Consistent with Executive Order 13563: Improving Regulation and
Regulatory Relief, we reviewed the entire current subpart AAA to
identify information that is no longer relevant or useful and removed
associated reporting and recordkeeping requirements. For example,
because of the changes in the audit procedures, we do not believe it is
necessary for manufacturers to keep records of the number of affected
appliances that are sold each year, by certified model lines, for
purposes of these subparts.
    The prohibitions section in each of the proposed subparts (Sec.
Sec.  60.538, 60.5480, 60.5492) is based substantially on the current
prohibitions section in subpart AAA. Similarly, the delegation section
in each proposed subpart (Sec.  Sec.  60.539a, 60.5482, 60.5494) is
based primarily on the current delegation section in subpart AAA. In
general, we believe these delegations have worked well and are still
appropriate with some clarifications and additions. The intent of the
prohibitions section is to clarify the responsibility of owners and
operators and manufacturers to comply with the proposed subparts. Key
provisions for owners and operators emphasize that appliances must be
operated in accordance with the owner's manual and the appliances must
not be altered in any way to circumvent the design and operation of a
certified appliance. Key provisions for manufacturers emphasize the
importance of complying with the label requirements and the need to
maintain current certification for all heaters that are offered for
sale. The intent of the delegation section is to clarify the regulatory
provisions for which the EPA has retained sole enforcement authority
(definitions, compliance and certification, test methods and
procedures, laboratory accreditation, reporting and recordkeeping,
revocation of certification, and hearings and appeals procedures).
However, we have proposed to include the ability to delegate provisions
to state, local or tribal agencies where local enforcement is
essential, such as enforcement of permanent labels and owner's manual
content, and presentation of false or misleading information. Note that
when the EPA ``delegates'' enforcement authority, we retain our
authority to enforce while allowing the delegatees also to be able to
enforce the delegated provisions. Also note that the delegations are
upon request, not a requirement by the EPA.
    We are proposing to replace the current subpart AAA hearing and
appeal procedures with a streamlined Petition for Review process and
also use this process in subparts QQQQ and RRRR. This process would
allow accredited laboratories and manufacturers to contest audit test
findings, laboratory accreditations, certification denials, and
certification revocations by submitting a written request and
supporting documentation to the EPA. This process would allow for
expedited review and resolution. We request specific comments on this
proposed process and other ways to improve or streamline procedures
while preserving the integrity of the program.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Section 3(f)(1) of Executive Order 12866 (58 FR 51735,
October 4, 1993), this action is an ``economically significant
regulatory action'' because it is likely to have an annual effect on
the economy of $100 million or more or adversely affect in a material
way the economy, a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or state, local, or
tribal governments or communities. The $100 million threshold can be
triggered by either costs or benefits, or a combination of them.
Accordingly, the EPA submitted this action to OMB for review under
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and any
changes made in response to OMB recommendations have been documented in
the docket for this action.
    In addition, the EPA prepared an analysis of the potential costs
and benefits associated with this action. This analysis is contained in
the RIA for this proposed rule. A copy of the analysis is available in
the docket for this action.
    A summary of the monetized benefits and net benefits for the
proposed rule at discount rates of 3 percent and 7 percent is in Table
8 of this preamble, and a more detailed discussion of the benefits is
found in section IV.B of this preamble. For more information on the
benefits analysis, please refer to the RIA for this rulemaking, which
is available in the docket.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. Information Collection Request (ICR) documents
have been prepared for each proposed subpart. The subpart AAA ICR has
been assigned the EPA ICR number 1176.10, which is a revision of the
currently approved ICR number 1176.09. The subpart QQQQ ICR is a new
collection, which has been assigned the EPA ICR number 2442.01. The
subpart RRRR ICR also is a new collection, which has been assigned the
EPA ICR number 2443.01. The new information collection requirements are
not enforceable until OMB approves them.
    The proposed rules would require manufacturers of new residential
wood heating devices to submit applications for certification of model
lines, to submit results of emissions tests conducted to demonstrate
that the model lines would comply with the standards and produce
certified units according to a quality control plan approved by an
independent certifying body. Manufacturers must submit a notification
of the initial test and biennial reports that each certified model line
remains unchanged. They must also maintain records of all certification
data, maintain results of quality assurance program inspections and
emissions test data, and seal and store the tested appliance.

    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
an audit compliance program. Finally, the accredited laboratories must
maintain records of all certification tests, proficiency tests and
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 February 3, 2014, a comment to OMB is
best assured of having its full effect if OMB receives it by March 5,
2014. 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 (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.
    Well before beginning the formal SBREFA process, the EPA actively
engaged in outreach with HPBA, the Masonry Heater Association (MHA) and
PFI 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.\67\ The EPA provided each
small business with general information on the SBREFA process and
background information on the NSPS rulemaking process and current
schedule.
---------------------------------------------------------------------------

    \67\ Also, as noted in this preamble in the discussion of
development of the hydronic heater emission limits, the EPA worked
with the hydronic heater industry in 2006 to develop a voluntary
partnership program to encourage manufacture of cleaner models,
www.epa.gov/burnwise/participation.
---------------------------------------------------------------------------

    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, cook stoves), equipment
suppliers, chimney sweeps, test laboratories, masons and trade
associations. Once the official 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 EPA, 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. We
have 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
subcategory, 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 would
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 ISO-accredited 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 emphasizes
that it does not affect existing units.
     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/heaters, which compete
with adjustable burn rate wood stoves/heaters in the ``room heaters''
consumer marketplace. There is confusion in the marketplace as to why
some pellet stoves are regulated and why some are not. As discussed
earlier in this preamble, the potential exclusion of pellet stoves with
greater than 35-to-1 air-to-fuel ratio is an unintended consequence of
the 1988 actual intention of not setting emission limits for open
fireplaces with high excess combustion air that do not operate as
effective heaters. We believe that not moving forward on pellet stoves
now would contribute to further confusion and an uneven playing field
in the marketplace. Further, the emission levels we are proposing for
pellet stoves/heaters are at the same level as the proposed wood stove/
heater standards and are already achieved by most pellet stove/heater
models and thus do not impose substantial compliance costs. Similarly,
masonry heaters compete in the residential wood heaters consumer
marketplace and there is confusion as to why they are regulated by some
states, but not the EPA, and are even banned by some air districts
because masonry heaters are not EPA-certified. Most masonry heaters are
effective heaters and relatively clean and efficient, especially
compared to pre-NSPS wood stoves. Requiring valid certification testing
and reporting and providing that information to regulators and
consumers and the public will help inform all as they strive to make
appropriate choices on wood heating and air quality. That is, the
masonry heaters can be an excellent emission reduction choice for
replacing higher emission pre-NSPS wood stoves and

should be encouraged over old wood stoves in most air sheds. Further,
the emission levels we are proposing are already achieved by most
masonry heater designs and we allow extra time for small manufacturers.
This proposal addresses indoor hydronic heaters because they compete
with outdoor hydronic heaters and forced-air furnaces in the ``central
heaters'' consumer marketplace and there already is confusion as to why
some are regulated by some states and some are not. Further, the
magnitude of their emissions is of great concern and BSER controls are
highly justified on 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.'' We considered this
recommendation but we could not find a legal or policy justification
for an arbitrary cutoff and it is not included in this proposal. Also,
we note that many states are prohibited from setting control
requirements more stringent than the EPA requirements and all states
have concerns about the lack of resources necessary to develop and
adopt and implement state standards or voluntary programs, especially
when most believe it is the EPA's responsibility, and some have sued
the EPA for failure to review and promulgate national standards on time
as statutorily required. 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
subcategories at the appropriate time. The EPA does not agree with this
recommendation for residential wood heaters because the EPA believes
that the SERs already have had multiple opportunities to address those
subcategories. 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. We emphasize that this proposal is not a
final rule but rather it is a proposal for public review and comment.
We welcome comments and data on all aspects of this proposal that will
help us prepare the final rulemaking.
    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 $15.7 million/yr in the 2014-2022
timeframe (2010$). 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
to tribal environmental staff 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 elected
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,'' \68\ 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.
---------------------------------------------------------------------------

    \68\ ``Analysis of Exposure to Residential Wood Combustion
Emissions for Different Socio-Economic Groups, Revised Draft
Report.'' Prepared for Gil Wood, U.S. EPA, Office of Air Quality
Planning and Standards, Research Triangle Park, NC. Prepared by EC/R
Inc., EPA Contract No. EP-D-05-085, Work Assignment No. 4-3. April
22, 2010.
---------------------------------------------------------------------------

    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. Reducing emissions and increasing efficiency might increase
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 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 Web site
www.astm.org/EPA-review: 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;'' E2618-13 ``Standard Test Method for Measurement of
Particulate Matter Emissions and Heating Efficiency of Outdoor Solid
Fuel-Fired Hydronic Heating Appliances;'' 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 Web site 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. 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
policies.
    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.\69\ 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.
---------------------------------------------------------------------------

    \69\ ``Analysis of Exposure to Residential Wood Combustion
Emissions for Different Socio-Economic Groups, Revised Draft
Report.'' Prepared for Gil Wood, U.S. EPA, Office of Air Quality
Planning and Standards, Research Triangle Park, NC. Prepared by EC/R
Inc., EPA Contract No. EP-D-05-085, Work Assignment No. 4-3. April
22, 2010.
---------------------------------------------------------------------------

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: January 3, 2014.
Gina McCarthy,
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--STANDARDS OF PERFORMANCE FOR NEW SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart A--GENERAL PROVISIONS

0
2. Section 60.17 is amended by:
0
a. Adding paragraphs (a)(109) through (a)(115); and
0
b. Adding paragraph (p) to read as follows:

Sec.  60.17  Incorporations by reference.

* * * * *
    (a) * * *
    (109) ASTM E871-82 (2006), Standard Test Methods for Moisture
Analysis of Particulate Wood Fuels, IBR approved for appendix A: Method
5H and Method 28.
    (110) ASTM E2515-10, Standard Test Method for Determination of
Particulate Matter Emissions Collected by a Dilution Tunnel, IBR
approved for Sec.  60.534(c), Sec.  60.5476(b) and Sec.  60.5488(b).
    (111) ASTM E2779-10, Standard Test Method for Determining
Particulate Matter Emissions from Pellet Heaters, IBR approved for
Sec.  60.534(a)(2).
    (112) ASTM E2618-13 Standard Test Method for Measurement of
Particulate Matter Emissions and Heating Efficiency of Outdoor Solid
Fuel-Fired Hydronic Heating Appliances, IBR approved for Sec.
60.5476(a)(2).
    (113) ASTM E2780-10, Standard Test Method for Determining
Particulate Matter Emissions from Wood Heaters, IBR approved for Sec.
60.534(a)(2).
    (114) ASTM E2817-11, Standard Test Method for Test Fueling Masonry
Heaters, IBR approved for Sec.  60.5488(a).
    (115) ASTM WK26558, New Specification for Calculation Method for
Custom Designed, Site Built Masonry Heaters, IBR approved for Sec.
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 Sec.  60.534(d) and Sec.
60.5476(c) and (d).
    (2) [Reserved]
0
3. Revise 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

Sec.  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 Sec.  60.532
and the requirements of Sec.  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 Sec.  60.532 and the requirements of Sec.  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 Sec.  60.531 or corn-only
pellet stoves) are exempt from the applicable emission limits of Sec.
60.532 and the requirements of Sec.  60.533.
    (4) Cook stoves that meet the definition in Sec.  60.531 are exempt
from the applicable emission limits of Sec.  60.532 and the
requirements of Sec.  60.533.
    (5) Camp stoves that meet the definition in Sec.  60.531 are exempt
from the applicable emission limits of Sec.  60.532 and the
requirements of Sec.  60.533.
    (6) Modification or reconstruction, as defined in Sec.  60.14 and
Sec.  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 Sec.  60.531.

Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.
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 Sec.  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 Sec.  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.

Sec.  60.532  What standards and associated requirements must I meet
and by when?

    (a) 1990 Particulate Matter Standards. Unless exempted under Sec.
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 Sec.  60.534(a) through (c) until the current
certification expires as specified in Sec.  60.533(h)(1), or it is
revoked by the Administrator as specified in Sec.  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),

C=K1BR+K2

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) 2015 Particulate Matter Standards. Unless exempted under Sec.
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 Sec.  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 Sec.  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) 2020 Particulate Matter Standards. Unless exempted under Sec.
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 Sec.  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.

Sec.  60.533  What compliance and certification requirements must I
meet and by when?

    (a) Certification Requirement. Each affected wood heater must be
certified to bein 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 Sec.  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: Wood Heater NSPS Compliance Program at www.epa.gov/Wood_Heater_NSPS_Compliance_Program. 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 Sec.  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 Sec.  60.536.
    (iii) Accompanied by an owner's manual that meets the requirements
in Sec.  60.536. In addition, a copy of the owner's manual must be
submitted to the EPA and be available on the manufacturer's Web site.
    (10) A statement that the manufacturer has entered into a contract
with an accredited laboratory that satisfies the requirements of
paragraph (e) of this section.

    (11) 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
Sec.  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 Sec.  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 Sec.  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 Sec.
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 Sec.  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 Sec.  60.532(a), and that test also
demonstrates that the wood heaters of the model line meet the
applicable standard specified in Sec.  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
Sec.  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
Sec.  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
Sec.  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 Sec.  60.533(b) and
following the procedures specified in Sec.  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 manufacturer of an affected wood heater
must apply to the Administrator for potential recertification by
submitting the material specified in Sec.  60.533(b) and following the
procedures specified in Sec.  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.
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 Sec.  60.536;
    (iii) Failure by the manufacturer to comply with reporting and
recordkeeping requirements under Sec.  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 Sec.
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 Sec.  60.533(o) of the 1988 rule. By [60
DAYS AFTER EFFECTIVE DATE OF FINAL RULE], for model lines that had a
valid EPA certification on [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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.

Sec.  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 Sec.  60.8(b), must
be used to determine compliance with the standards and requirements for
certification under Sec.  Sec.  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 Sec.  60.532(a).
    (2) For affected wood heaters subject to the 2015 particulate
matter standards specified in Sec.  60.532(b), you must conduct testing
according to paragraphs Sec.  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 Sec.  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 2020 particulate
matter standards specified in Sec.  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 Sec.  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 2015 and 2020
particulate matter standards specified in Sec.  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 Wood Heater NSPS Compliance Program at www.epa.gov/Wood_Heater_NSPS_Compliance_Program. 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