The new rule that US EPA issued in 2015 covers all new residential wood and pellet stoves and inserts, hydronic heaters, and forced-air furnaces. As the next deadline, May 15, 2020, looms closer, it is imperative that retailers and distributors focus on the details of that deadline. There are some industry efforts underway that may affect these deadlines, and this in turn, may have created some confusion.
The purpose of this FAQ is to clarify the current deadlines and requirements that all dealers and distributors must meet on or after May 15, 2020 or be in violation of federal law.
Wood and pellet stoves and inserts that:
Residential hydronic heaters that:
Residential forced-air furnaces that:
Yes. The NSPS is a “new source performance standard,” which means it does not set standards for existing sources. There are no sales prohibitions on truly used appliances. However, retailers should verify whether there are any local and/or state regulations that may restrict sale of used stoves.
It is important to keep in mind that “used” stoves/heaters must have been owned and operated by a non-commercial owner, meaning a private party, such as a homeowner.
It is not enough to simply burn an appliance in a showroom or at a trade show. All provisions of the NSPS continue to apply to stoves used only by a commercial owner, including a dealer.
EPA defines “commercial owner” very broadly to mean “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.”
Yes, you can sell a Step 1 stove before May 15, 2020 and yes, you can install it after the effective date. The rule defines “sale” as “the transfer of ownership or control.” This is key because it does not say “transfer of ownership and control.” However, it must be a transfer of ownership or control to the end-user/consumer, not to a middleman like a contractor or distributor.
Be sure to document the sale. The appliance doesn't necessarily need to be in the physical hands of the owner, but there does need to be a clear sale (transfer of ownership).
If you have any additional questions about the current regulations, please feel free to contact Rachel Feinstein (HPBA’s Senior Manager - Government Affairs) at firstname.lastname@example.org.
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