The Rumors and Truths About the EPA’s Wood Heater Regulations

EPA’s Wood Heater Regulations

What’s the Truth and What are Just Rumors

Rumor: I’ll be able to sell a product that was tested before 2015 and passed the Step 2 emissions requirements, even though the permanent label on the back says I can’t sell the product after 2020.

• Fact: No, if it doesn’t have a label on the product saying you can sell it after 2020, you must sell that product before May 15, 2020.

Rumor: HPBA is taking care of this sell-through issue. I’ll be fine, I don’t need to worry about selling all these Step 1 products by May 15, 2020.

• Fact: HPBA is doing the best we can to get sell-through for all products affected by the EPA’s NSPS. But the rulemaking process is moving very slowly and EPA didn’t even propose sell-through for all products.

Rumor: I can just give away a Step 1-certified product if I don’t sell it before May 15, 2020.

• Fact: No, you can’t. Transfer of ownership of a new affected product is not legal, even if no money is exchanged.

Rumor: I can just get a new label from the manufacturer to put on the product I currently have. If the model was tested, unchanged, and passed Step 2, I should just be able to switch out the label for the correct one.

• Fact: No, you cannot do this, and no manufacturer can do this.

Rumor: If I burn the models in my store, I can sell them as used later, even if they don’t meet Step 2.

• Fact: No. EPA clearly defines a “used stove” as a stove that has a clear chain of non-commercial ownership. As a retailer, you are considered a commercial owner of the products in your store.

Rumor: I can just give away a Step 1-certified product if I don’t sell it before May 15, 2020.

• Fact: No, you can’t. Transfer of ownership of a new affected product is not legal, even if no money is exchanged.

Rumor: If I sell pellet stove models that are certified now, but used to be exempt, but it’s the exact same model, I can still display the old version.

• Fact: No that’s what EPA is looking for in enforcement visits to retailers. You must sell these types of displays before May 15, 2020.

Rumor: I live a long way from the interstate or any highly-populated area. My area is never going to see EPA enforcement make visits.

• Fact: No, EPA enforcement has demonstrated that they will do enforcement anywhere, especially if you live near a national park or place of interest.

Rumor: I don’t have to have a floor model’s manual “readily accessible to the consumer” in my store. That’s such a trivial thing.

• Fact: The NSPS states that a stove’s manual must be “readily accessible to the consumer.” It needs to be physically near the stove, either inside of it (if it isn’t a burn model), next to it, in front of it, somewhere that it’s apparent that it is the manual for that stove.

FOR MORE INFORMATION
Visit HPBA’s website at www.hpba.org/Advocacy/EPAs-NSPS