The Review of the EPA’s NSPS, How will it affect your business? By John Crouch, HPBA/PFI staff As everyone in our industry now knows, the EPA is deep into the process of reviewing their program that certifies clean burning wood stoves, which is formally known as the New Source Performance Standards (NSPS) for Wood Heaters. A lot of retailers and reps have questions about how these changes might affect their business, so HPBA has produced a short Q & A piece for the affiliate newsletters. What is the NSPS? The NSPS is the EPA’s wood stove certification program. It is the rule which was adopted in 1988 that requires that all wood stoves manufactured or imported in the U.S. be certified by the EPA. This current NSPS review is the first revision of this rule in 20 years. What will this review cover? The EPA is at least considering covering everything that burns solid fuel in this review: ![\"*\"](/\"file:/C:/Users/STEPHA~1/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif\") A lower passing grade for wood stoves Certification process for pellet stoves and boilers, as well as corn stoves Removal of the exemption for single burn rate heaters and furnaces Factory built and masonry fireplaces Masonry heaters Outdoor hydronic heaters How will everything get certified and will there be enough time? This is one of the key issues for HPBA. Some of these products will need more time than others to get all of the models certified. How low the passing grades are for each product will also impact how long it takes to recertify the line. It’s quite possible that there will be seasons where not all of your favorite models have completed the new certification. There will be many detailed changes to both the wood stove and the pellet stove test, and it’s impossible to know which units will be easy to recertify and which will be difficult. What is HPBA doing about the NSPS process? HPBA has retained the very best professional assistance available to us: Mr. David Menotti, of the law firm of Pillsbury, Winthrop, Shaw Pittman. David has represented our industry on air quality issues since 1985 with the state regulation in Colorado, and he was instrumental in the negotiations that lead to the first NSPS in 1988. David is now a well-known air attorney and has represented many industries (such as the American iron and steel industry) on issues with the EPA. HPBA is also using the services of Bob Ferguson, who was once the lead engineer with Vermont Castings, and is now a private consultant. Bob is working very hard on the details of the new pellet stove test method, and on a new ASTM test process for stick stoves, which may remove some of the ‘busy work’ in the certification testing process, which in turn will lower those costs. Bob is also assembling blinded data for all the test runs for all the existing certified stoves, which will help determine the new passing grades. In addition, many members have volunteered extraordinary amounts of time in meetings and strategy sessions, with the full support of their companies. This sounds expensive; are the manufacturers paying for this? The HPBA board of directors voted to assess solid fuel hearth manufacturers for half of the costs of this effort and match that with funds from our Government Affairs budget. Every company whose product depends on solid fuel has been assessed each quarter for their share of the actual expenses. All appliance manufacturers and importers, as well as all chimney, heath pad, and accessory members have been invoiced. In the two invoices sent in 2009, almost $50,000 was raised from manufacturers above and beyond their dues. This is being matched from the HBPA Government Affairs budget. Of course, existing HPBA staff assets are used wherever possible, and many key volunteers have contributed hundreds of hours of their time, gratis. I’ve donated to my affiliate’s NSPS effort; on what will my donation be spent? Our team is in frequent contact with the EPA staff, including face to face meetings in North Carolina, Oregon, and Georgia. In addition, the ASTM working groups are meeting twice a month, generally by phone, to plan the new test methods. In 2009 our legal bills and meeting expenses exceeded $200,000. Affiliate contributions are being used to support the general program and to minimize the disruption to our industry.
Your donation and sacrifice is very much appreciated!
At EXPO affiliates members who have donated to this effort will have a special ribbon, as will manufacturers who are current in their assessment payments. Plus, all retailers and reps are invited to an educational session at EXPO on Friday, March 12, 8:30 am, in Room N320B. Both Allan Cagnoli and I look forward to answering your questions at that session. (Please note that this is an education event, and an Education Passport will be required to attend.) 2010 will be the cusp, the key moment, of this whole process. What wood stoves and pellet stoves look like, and how well they operate (heat) for the next 10-20 years, may well be determined over the next 12-18 months. Even though this is a tough year for all of us, we can’t let up.
We would like to thank the following companies who stepped up and have contributed to the NSPS initiative in 2009:
Ace Hardware & Hearth, Glen Burnie, MD
Bowman's Stove & Patio, Inc., Ephrata, PA
Courtland Hearth & Hardware, Fallston, MD
Creekside Hearth & Patio, Burnham, PA
Dewald & Lengle Hardware, Inc., Friedensburg, PA
Dreifuss - Prebilt Fireplaces, Philadelphia, PA
Elliott's Hardware, Ocean City, MD
Fireworks, Inc., Westminster, MD
FLAME-TECH, New Castle, DE
Hearth & Home Furnishings, Inc., Zelienople, PA
Masda Corporation, Whippany, NJ
Monesson Hearth Systems Co., Media, PA
Pennwood Home and Hearth, Pleasant Gap, PA
Piccadilly Square Chimney Sweeps, Benson, MD
R.F. Ohl Fuel Oil, Inc., Lehighton, PA
Regional Chimney Supply, LLC, Gaithersburg, MD
Short's Stoves, Chimneys & Fireplaces, Reading, PA
Survival Products, Inc., Salisbury, MD
Tall Pines Farm - Stoves & Fireplaces, Kingsley, PA
The Firebox, Mays Landing, NJ
The Fireplace and Patio Place, Pittsburgh, PA
The Stove Shop, Phoenixville, PA
Warm Hearth & Fireplace, Inc., T/A Hearthstone Fireplace, Stockertown, PA
Watsons Fireplace & Patio, Lutherville, MD
Dear MAHPBA Member:
Please read this letter! Your business could depend on it!
The Environmental Protection Agency has recently adopted the “New Source Performance Standard” or NSPS. This legislation has the potential to make all solid fuel products obsolete. This is the greatest threat our industry has faced in decades and NSPS could put all of us out of the solid fuel business! The solid fuel business is a big part of what we do, and none of us--manufacturers, distributors, reps, retailers or service people--can afford to lose this sector of business.
Currently HPBA is working with EPA to try to get them to develop a reasonable standard that our industry could accept. This process takes a tremendous amount of time and is very costly!
NSPS essentially is EPA Phase III. EPA has indicated that it intends to regulate all solid fuel appliances (wood, pellet and coal) without exception. Therefore, any stoves, fireplace inserts, furnaces, and fireplaces that burn solid fuel will fall under their regulations. Few if any of our current appliances will qualify to be sold under the current performance standards set forth in NSPS. HPBA is leading the way to work with EPA, but we need much more than that.
Our first step toward solving this dilemma is to band together to promote a common, unified front supporting HPBA. Secondly, we will need additional funds to support HPBA in its quest for reasonable standards. We do not really know how much this will cost, but we are estimating a low of $600,000 and a potential high of $4,000,000. Currently, manufacturers of solid fuel products are being assessed 10% of their annual dues. HPBA is providing 50% of the projected funds to match the assessments. We, the affiliates, are being asked to contribute as well. MAHPBA would like to see everyone contribute! It is a small price to pay to fight this enormous threat to your business! Please click here for the Pledge Form.
We would like to make this payment from MAHPBA members to HPBA as quickly as possible. Our target date is October 15, 2009. Please also understand that this request is for the first year of this battle, even if we get 100% participation from our members. This could go on for as long as three years!
If you wish to get more information on NSPS, please check back to this website soon. Thanks for your attention to this matter!
Sincerely,
Loretta Dolan
Affiliate Rep to the HPBA Board
Click Here for a memo from Jack Goldman!
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