On April 15, three air quality groups filed a motion to join the lawsuit that a hearth industry group is bringing against the EPA over their new wood stove and boiler regulations
. These groups said that their interest lies in “defending the Final Rule against challenges brought by industry groups seeking to further weaken or delay it.” This development is likely to make the suit more difficult for the hearth industry.
|The most prominent of the groups, the American Lung Association (ALA), has a long history of both cooperating with the EPA and also being part of suits against it. Their motion suggests that the EPA’s new rule could or should be stricter, but they do not appear to be suing for stricter emissions standards. If the air quality groups had chosen to sue for stricter standards, they would have risked having the rule sent back to EPA for revision, which could backfire as a revised rule may not be issued until 2017 or later, when a Republican nominee could potentially be running the EPA.
The industry strategy may be precisely that –to send the rule back to EPA for revision, then to try to delay the revision until a more sympathetic administration takes over. But this strategy also poses a risk for industry, as the revised rule could emerge even stricter depending on who takes charge of the EPA.
The hearth industry group, the Hearth Patio and Barbecue Association (HPBA) – a loose amalgamation of wood, pellet, gas, grilling and outdoor furniture industries –has not yet laid out the basis of its suit and is not required to do so until the DC Circuit Court sets a briefing schedule. The date for oral argument is usually set 6 to 8 weeks after the date final briefs are due, and the three-judge panel for oral argument typically is not be announced until shortly before the argument.
There is still time for HPBA to file a petition for reconsideration with the EPA. The most likely scenario is that the rule will become law on May 15, 2015 and the HPBA will be focusing on challenging the stricter Step 2 emission standards, which take effect in 2020. Other parties can still file a suit, or a motion to join this suit, until May 15.
The other two air quality groups who joined the suit along with ALA are the Clean Air Council (CAC) and Environmentand Human Health, Inc.(EHH). CAC is based in Philadelphia and focuses on a wide array of energy and environmental issues. EHH is a small group based in Connecticut and has worked on outdoor wood boiler pollution for many years. All three groups, the ALA, CAC and EHH, were active in the comment process on the rule. Earthjustice, a public interest law firm that does not charge its clients, is representing the groups. The Environmental Defense Fund, which had teamed up with these three groups on earlier litigation, did not join this intervention.
In the groups’ motion to intervene, they said, the “Hearth Association will likely seek to weaken or delay the Final Rule’s requirements, as their comments during the rulemaking sought to weaken protective measures required under the Final Rule. For example, the Hearth Association objected to EPA’s use of emissions testing as a quality assurance tool to verify manufacturers’ ongoing compliance with emission standards.”
One strategic point of this lawsuit will be the selection of the 3-judge panel, which is done at random. Generally, insiders tend to consider Republican appointees more industry-friendly and Democratic appointees more inclined to support public health groups. History has shown that judges can be less-than-predicable in terms of how they deal with threshold legal issues such as standing, ripeness, procedural issues, or deference owed to the agency, and their decisions on these issues rarely break down along party lines. Although everyone will be interested in knowing the three judges that will form the panel, knowing who they are is rarely enough to predict how the case will turn out.
The new EPA rules cover everything from very clean pellet stoves to extremely dirty outdoor and indoor wood boilers. Most pellet stoves and some wood stoves, for example, already meet the 2020 standards and are very affordable. The industry lawsuit is likely to focus on 2020 standards that some indoor and outdoor wood boilers will struggle to meet, as well as 2020 wood stove standards that will raise the cost for some stoves. In the 6 months leading up to the announcement of the rule, the industry focused mainly on delaying the rule’s implementation for indoor wood boilers.
Posted by Earth Stove on March 30, 2014 with No Comments
The EPA has proposed new rules that will need all household heating appliances to be cleaner.  We feel the EPA is on the correct monitor and we need to have to help their initiatives in the confront of a robust significantly appropriate-wing marketing campaign towards it.
The future of wooden and pellet heating in America relies upon on the technologies turning out to be cleaner and a lot more successful.  Otherwise, there will be much more and much more endeavours to restrict wood heating and to hold it out of renewable power incentive plans.
The Alliance for Green Heat teamed up with a stove manufacturer to start this petition in support of new restrictions for wood heaters. While there are numerous difficulties with the proposed rule, we know that EPA is working diligently and producing a lot of changes and open up to producing several more. The petition does not endorse the strictest feasible normal of 1.three grams an hour for stoves, but we think that a strict standard is essential and achievable. If you support the spirit and goals of cleaner and a lot more productive wooden and pellet heating, you should signal, share and ahead to your friends!
One purpose it is so critical for the EPA to hear from you is that there is a considerably correct-wing marketing campaign to undermine and end these restrictions.  Numerous far appropriate wing pundits, writers and bloggers are spreading the rumor that the regulations will ban wooden stoves, the EPA is attempting to get rid of the wood stove market and that rural The us will be the huge losers.  We know that these laws will be excellent for shoppers and great for rural America because they will outcome in a lot more efficient stoves and boilers which will preserve buyers hundreds of dollars every winter on gas.  And the diminished amounts of smoke are specifically essential for kids, seniors and anybody who has bronchial asthma.
Wooden and pellet heating ought to be a key element of our renewable strength future, and not sidelined because it is perceived as dirty and outdated-fashioned.  These restrictions will assist shield and encourage the capacity of Americans to affordably warmth their residences with wooden.
Thank you for your assist!
Posted by Earth Stove on March 16, 2014 with No Comments
The EPA recently unveiled a figure of 40,000 uncertified, exempt stoves being sold each 12 months.  An estimate on the quantity of income of these stoves experienced extended been sought by the EPA and other folks, but makers would not offer them.  Exempt wooden stoves are not required by the EPA to fulfill any emissions […]
More states are starting or changing their stove incentive programs to tighten eligibility, require professional installation, and often, to install an outside air supply. Until recently, incentive programs only required that wood stoves be EPA certified. And even though the EPA certifies many pellet stoves, it does not recommend EPA certified pellet stoves be required […]
Posted by Earth Stove on May 8, 2013 with No Comments
A lot more stove makers are submitting third party confirmed efficiency figures on the EPA’s list of accredited wooden and pellet stoves, providing these shoppers who really treatment about confirmed effectiveness quantities a lot more possibilities. Even so, there are nevertheless only five firms who submit the confirmed performance of at least one of their […]
EPA these days introduced “America’s Young children and the Atmosphere, Third Edition,” a extensive compilation of information from a selection of resources on children’s wellness and the atmosphere. The report shows tendencies for contaminants that may influence young children and childhood diseases and well being situations. The press release for the report states: In the […]
A well known story by Juliet Eilperin that ran in the Washington Put up on Jan. fifteen, 2013 stated “wood-fired stoves” had been a single of the greatest contributors to black carbon. The writer, a top-notch strength reporter, did not intend to refer to wood stoves utilized for heating, but that is precisely what several […]