[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4407 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4407

To require the Administrator of the Environmental Protection Agency to 
    set reasonable limits on the stringency and timing of proposed 
regulations for new residential wood heaters, new residential hydronic 
heaters, new forced-air furnaces, and new residential masonry heaters, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2014

 Mr. Luetkemeyer (for himself and Mr. Harper) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
    set reasonable limits on the stringency and timing of proposed 
regulations for new residential wood heaters, new residential hydronic 
heaters, new forced-air furnaces, and new residential masonry heaters, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wood Stove Regulatory Relief Act of 
2014''.

SEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEATERS, NEW RESIDENTIAL 
              HYDRONIC HEATERS, NEW FORCED-AIR FURNACES, AND NEW 
              RESIDENTIAL MASONRY HEATERS.

    (a) Prohibition.--During the period specified in subsection (c), 
the Administrator may not finalize, issue, implement, or enforce any 
rule described in subsection (b) unless such rule meets the 
requirements described in subsection (d).
    (b) Rules.--Subsection (a) applies with respect to--
            (1) the proposed rule entitled ``Standards of Performance 
        for New Residential Wood Heaters, New Residential Hydronic 
        Heaters and Forced-Air Furnaces, and New Residential Masonry 
        Heaters'' published at 79 Fed. Reg. 6330 (February 3, 2014) or 
        any successor or substantially similar rule; and
            (2) any other rule under section 111 of the Clean Air Act 
        (42 U.S.C. 7411) that is applicable to any new source that is a 
        residential wood heater, a residential hydronic heater, a 
        forced-air furnace, or a residential masonry heater.
    (c) Applicability.--This Act applies during the 8-year period 
beginning on the date of enactment of this Act.
    (d) Requirements.--
            (1) Numeric emission limits.--During the period specified 
        in subsection (c), in finalizing or issuing any rule described 
        in subsection (b), the Administrator may not establish a 
        particulate matter emissions limit--
                    (A) for adjustable rate wood heaters or pellet 
                heaters/stoves that were, on or before the effective 
                date of the rule, certified as being in compliance with 
                any applicable standard of performance for particulate 
                matter, that is less than 4.5 grams of particulate 
                matter per hour;
                    (B) for all other adjustable rate wood heaters, 
                single burn rate wood heaters, or pellet heaters/
                stoves, that is less than 4.5 grams of particulate 
                matter per hour;
                    (C) for any residential hydronic heater, that is 
                less than 0.32 pound per million British thermal unit 
                heat output as measured under ASTM E2618-13 ``Standard 
                Test Method for Measurement of Particulate Emissions 
                and Heating Efficiency of Solid Fuel-Fired Hydronic 
                Heating Appliances'' using either cordwood or cribs; or
                    (D) for any forced-air furnace, that is less than 
                0.93 pound per million British thermal unit heat 
                output.
            (2) Transition period.--During the period specified in 
        subsection (c), in finalizing or issuing any rule described in 
        subsection (b), the Administrator shall--
                    (A) with respect to a residential wood heater that 
                was certified on or before the effective date of the 
                rule by the Administrator as in compliance with any 
                applicable emissions limit in effect prior to the date 
                of enactment of this Act--
                            (i) provide that such certification shall 
                        remain valid until the date that is five years 
                        after such heater was certified; and
                            (ii) permit any such heater to be 
                        manufactured and sold at retail until the date 
                        that is five years after such heater was 
                        certified;
                    (B) with respect to a forced-air furnace--
                            (i) except as provided in clause (ii)--
                                    (I) that is manufactured on or 
                                before the effective date of such rule, 
                                permit such forced-air furnace to be 
                                sold at retail for a period of at least 
                                one year after such effective date; or
                                    (II) that is manufactured after the 
                                effective date of such rule, not 
                                require such forced-air furnace to meet 
                                any applicable particulate matter 
                                emissions limit set forth in such rule 
                                until the date that is at least one 
                                year after such effective date; or
                            (ii) that was tested under Canadian 
                        Standards Administration B415.1-10 test 
                        protocol on or before the effective date of the 
                        rule and met a particulate matter emissions 
                        limit of 0.93 pound per million British thermal 
                        unit heat output, permit such forced-air 
                        furnace to be manufactured and sold at retail 
                        for a period of five years after such effective 
                        date; and
                    (C) with respect to a hydronic heater that--
                            (i) is a qualified model, deem such 
                        hydronic heater to be certified as in 
                        compliance with any otherwise applicable 
                        emissions limit under such rule for the 
                        duration of the period it would be considered a 
                        qualified model, but in no case for a period of 
                        less than 3 years beginning on the effective 
                        date of such rule; or
                            (ii) is not a qualified model and that is 
                        manufactured on or before the effective date of 
                        such rule, permit such hydronic heater to be 
                        sold at retail for a period of at least one 
                        year after such effective date.
            (3) Certification procedures.--
                    (A) Independent accredited third party testing and 
                certification.--During the period specified in 
                subsection (c), in finalizing or issuing any rule 
                described in subsection (b), the Administrator shall 
                provide that certifications of compliance with any 
                applicable emissions limit under such rule be issued by 
                independent third party laboratories accredited as 
                certification bodies under ISO/IEC 17065, based on 
                testing performed by the certification body or another 
                laboratory accredited under ISO/IEC 17025 to perform 
                certification testing.
                    (B) Limited role of epa.--During the period 
                specified in subsection (c), in finalizing or issuing 
                any rule described in subsection (b), the Administrator 
                shall provide that the Environmental Protection 
                Agency's role in any certification or auditing process 
                provided in such rule shall be limited to conducting 
                selective audits of the testing, certification, and 
                quality assurance/quality control functions performed 
                by certification bodies or test laboratories that are 
                accredited by the ISO.
    (e) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) ISO.--The term ``ISO'' means the International 
        Organization for Standardization.
            (3) ISO/IEC 17025.--The term ``ISO/IEC 17025'' means the 
        International Organization for Standardization/International 
        Electrotechnical Commission standard number 17025.
            (4) ISO/IEC 17065.--The term ``ISO/IEC 17065'' means the 
        International Organization for Standardization/International 
        Electrotechnical Commission standard number 17065.
            (5) New source.--The term ``new source'' has the meaning 
        given such term in section 111(a)(2) of the Clean Air Act (42 
        U.S.C. 7411(a)(2)).
            (6) Standard of performance.--The term ``standard of 
        performance'' has the meaning given such term in section 
        111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)).
            (7) Qualified model.--The term ``qualified model'' means, 
        with respect to a hydronic heater, a model that had been shown 
        to meet performance levels established by the Administrator 
        under a voluntary partnership program in effect prior to the 
        date of enactment of this Act.
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