NR 440.642(4)(g)2.
2. Pay the manufacturer the reasonable cost of a random compliance audit test (as determined by the U.S. environmental protection agency) if the U.S. environmental protection agency selects any other laboratory to conduct the test.
NR 440.642(4)(i)
(i) An applicant for certification may apply for a waiver of the requirement to submit the results of a certification test pursuant to
par. (b) 4., if the wood heaters of the model line are similar in all material respects to another model line that has already been issued a certificate of compliance. A manufacturer that seeks a waiver of certification testing shall identify the model line that has been certified, and shall submit a copy of an agreement with the owner of the design permitting the applicant to produce wood heaters of that design.
NR 440.642(4)(j)1.1. Unless revoked sooner by the administrator, a certificate of compliance shall be valid for 5 years from the date of issuance, for a model line certified as meeting emission limits in
sub. (3) (b).
NR 440.642(4)(j)2.
2. Upon application for renewal of certification by the manufacturer, the administrator may waive the requirement for certification testing upon determining that the model line continues to meet the requirements for certification in
par. (e), or that a waiver of certification is otherwise appropriate.
NR 440.642(4)(j)3.
3. Upon waiving certificate testing under
subd. 2., the administrator shall give written notice to the manufacturer setting forth the basis for the determination.
NR 440.642(4)(k)1.1. A model line shall be recertified whenever any change is made in the design submitted pursuant to
par. (b) 3. that is presumed to affect the particulate emission rate for that model line. The administrator may waive this requirement upon written request by the manufacturer, if he or she determines that the change may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits. The granting of such a waiver does not relieve the manufacturer of any compliance obligations under this section.
NR 440.642(4)(k)2.
2. Any change in the indicated tolerances of any of the following components (where such components are applicable) is presumed to affect particulate emissions if that change exceeds
± 0.64 cm (
± 1/4 inch) for any linear dimension and
" 5% for any cross-sectional area relating to air introduction systems and catalyst bypass gaps unless other dimensions and cross-sectional areas are previously approved by the administrator under
par. (e) 1. b.
NR 440.642(4)(k)2.b.
b. Air introduction systems: Cross-sectional area of restrictive air inlets, outlets, and location, and method of control,
NR 440.642(4)(k)2.f.
f. Catalyst bypass mechanism and, for model lines certified to meet the emissions limits in
sub. (3) (b) catalyst bypass gap tolerances (when bypass mechanism is in closed position): Dimensions, cross-sectional area, and location,
NR 440.642(4)(k)2.j.
j. Fuel feed system: For wood heaters that are designed primarily to burn wood pellets and other wood heaters equipped with a fuel feed system, the fuel feed rate, auger motor design and power rating, and the angle of the auger to the firebox, and
NR 440.642(4)(k)2.k.
k. Forced air combustion system: For wood heaters so equipped, the location and horsepower of blower motors and the fan blade size.
NR 440.642(4)(k)3.
3. Any change in the materials used for the following components is presumed to affect emissions:
NR 440.642(4)(k)4.
4. A change in the make, model, or composition of a catalyst is presumed to affect emissions, unless the change has been approved in advance by the administrator, based on test data that demonstrate that the replacement catalyst is equivalent to or better than the original catalyst in terms of particulate emission reduction.
NR 440.642(4)(L)1.1. The administrator may revoke certification if he or she determines that the wood heaters being produced in that model line do not comply with the requirements of this section or
sub. (3). Such a determination shall be based on all available evidence, including:
NR 440.642(4)(L)1.a.
a. Test data from a retesting of the original unit on which the certification test was conducted,
NR 440.642(4)(L)1.b.
b. A finding that the certification test was not valid. The finding shall be based on problems or irregularities with the certification test or its documentation, but may be supplemented by other information.
NR 440.642(4)(L)1.c.
c. A finding that the labeling of the wood heater does not comply with the requirements of
par. (f),
NR 440.642(4)(L)1.d.
d. Failure by the manufacturer to comply with reporting and recordkeeping requirements under
sub. (8),
NR 440.642(4)(L)1.e.
e. Physical examination showing that a significant percentage of production units inspected are not similar in all material respects to the representative affected facility submitted for testing, or
NR 440.642(4)(L)1.f.
f. Failure of the manufacturer to conduct a quality assurance program in conformity with
par. (o).
NR 440.642(4)(L)2.
2. Revocation of certification under this paragraph may not take effect until the manufacturer concerned has been given written notice by the administrator setting forth the basis for the proposed determination and an opportunity to request a hearing under
sub. (10).
NR 440.642(4)(L)3.
3. Determination to revoke certification based upon audit testing shall be made only in accordance with
par. (p).
NR 440.642(4)(m)
(m) A catalytic wood heater shall be equipped with a permanent provision to accommodate a commercially available temperature sensor which can monitor combustor gas stream temperatures within or immediately downstream, i.e. within 2.54 centimeters (1 inch), of the combustor surface.
NR 440.642(4)(n)
(n) Any manufacturer of an affected facility subject under
sub. (1) (b) to the applicable emission limits of this section that does not belong to a model line certified under this section shall cause that facility to be tested in an accredited laboratory in accordance with
par. (f) 1.,
2. and
4. before it leaves the manufacturer's possession and shall report the results to the administrator.
NR 440.642(4)(o)1.1. For each certified model line, the manufacturer shall conduct a quality assurance program which satisfies the following requirements:
NR 440.642(4)(o)2.
2. Except as provided in
subd. 5., the manufacturer or authorized representative shall inspect at least one from every 150 units produced within a model line to determine that the wood heater is within applicable tolerances for all components that affect emissions as listed in
par. (k) 2.
NR 440.642(4)(o)3.a.a. Except as provided in
subd. 3. c. or
5., the manufacturer or authorized representative shall conduct an emission test on a randomly selected affected facility produced within a model line certified under
par. (e) on the following schedule:
-
See PDF for table 
NR 440.642(4)(o)3.b.
b. Emission tests shall be conducted in conformity with
sub. (5) (a) using either approved method for measuring particulate matter as provided in
sub. (5). The manufacturer shall notify the U.S. environmental protection agency by U.S. mail that an emissions test required pursuant to this paragraph will be conducted within one week of the mailing of the notification.
NR 440.642(4)(o)3.c.
c. If the manufacturer stated pursuant to
par. (b) 3. that the firebox or any firebox component would be composed of a different material than the material used in the wood heater on which certification testing was performed, the first test shall be performed before 1,000 wood heaters are produced. The manufacturer shall submit a report of the results of this emission test to the administrator within 45 days of the completion of testing.
NR 440.642(4)(o)4.
4. The manufacturer shall take remedial measures, as appropriate, when inspection or testing pursuant to this paragraph indicates that affected facilities within the model line are not within applicable tolerances or do not comply with applicable emission limits. Manufacturers shall record the problem identified, the extent of the problem, the remedial measures taken, and the effect of such remedial measures as projected by the manufacturer or determined by any additional testing.
NR 440.642(4)(o)5.a.a. If 2 consecutive passing tests are conducted under either
subd. 2. or
3., the required frequency of testing under the applicable paragraph shall be modified as follows: Skip every other required test.
NR 440.642(4)(o)5.b.
b. If 5 consecutive passing tests are conducted under the modified schedule provided for in
subd. 5. a., the required frequency of testing under the applicable paragraph shall be further modified as follows: Skip 3 consecutive required tests after each required test that is conducted.
NR 440.642(4)(o)5.c.
c. Testing shall resume on the frequency specified in
subd. 2. or
3. as applicable, if a test failure results during any test conducted under a modified schedule.
NR 440.642(4)(o)6.
6. If emissions tests under this paragraph are conducted at an altitude different from the altitude at which certification tests were conducted, and are not conducted under pressurized conditions, the results shall be adjusted for altitude.
NR 440.642(4)(p)1.a.a. The administrator shall after July 1, 1990, select for random compliance audit testing certified wood heater model lines that have not already been subject to a random compliance audit under this paragraph. The administrator may not select more than one model line under this program for every 5 model lines for which certification is granted under
par. (e) to meet the emission limits in
sub. (3) (b). No accredited laboratory may test or bear the expense of testing, as provided in the contract described in
par. (g), more than one model line from every 5 model lines tested by the laboratory for which certification was granted. The administrator shall use a procedure that ensures that the selection process is random.
NR 440.642(4)(p)1.b.
b. The administrator may, by means of a neutral selection scheme, select model lines certified under
par. (b) or
(e), for selective enforcement audit testing under this paragraph. Prior to July 1, 1990, the administrator shall only select a model line for a selective enforcement audit on the basis of information indicating that affected facilities within the model line may exceed the applicable emission limit in
sub. (3).
NR 440.642(4)(p)2.
2. The administrator shall randomly select for audit testing 5 production wood heaters from each model line selected under this paragraph. These wood heaters shall be selected from completed units ready for shipment from the manufacturer's facility (whether or not the units are in a package or container). The wood heaters shall be sealed upon selection and remain sealed until they are tested or until the audit is completed. The wood heaters shall be numbered in the order that they were selected.
NR 440.642(4)(p)3.a.a. The administrator shall test, or direct the manufacturer to test, the first of the 5 wood heaters selected under
subd. 2. in a laboratory accredited under
sub. (6) that is selected pursuant to
subd. 4.
NR 440.642(4)(p)3.b.
b. The expense of the random compliance audit test shall be the responsibility of the wood heater manufacturer. A manufacturer may require the laboratory that performed the certification test to bear the expense of a random compliance audit test by means of the contract required under
par. (g). If the laboratory with which the manufacturer had a contract has ceased business due to bankruptcy or is otherwise legally unable to honor the contract, the administrator may not select any of that manufacturer's model lines for which certification testing has been conducted by that laboratory for a random compliance audit test.
NR 440.642(4)(p)3.c.
c. The test shall be conducted using the same test method and procedure used to obtain certification. If the certification test consisted of more than one particulate sampling test method, the administrator may use either one of these methods for the purpose of audit testing. If the test is performed in a pressure vessel, air pressure in the pressure vessel shall be maintained within 1% of the average of the barometric pressures recorded for each individual test run used to calculate the weighted average emission rate for the certification test. The administrator shall notify the manufacturer at least one week prior to any test under this paragraph, and allow the manufacturer or authorized representatives to observe the test.
NR 440.642(4)(p)4.a.a. Except as provided in this paragraph, the administrator may select any accredited laboratory for audit testing. The following contains a nesting potential redrafting situation
NR 440.642(4)(p)4.b.
b. The administrator shall select the accredited laboratory that performed the test used to obtain certification for audit testing, until the administrator has amended this section to allow testing at another laboratory. If another laboratory is selected pursuant to this subdivision, and the overall precisions of the test method and procedure is greater than
"1 gram per hour (
± 0.0022 lb per hour) of the weighted average at laboratories below 304 meters (1,000 feet) elevation (or equivalent), the interlaboratory component of the precision shall be added to the applicable emissions standard for the purposes of this subdivision.
NR 440.642(4)(p)4.c.
c. The administrator may not select an accredited laboratory that is located at an elevation more than 152 meters (500 feet) higher than the elevation of the laboratory which performed the test used to obtain certification, unless the audit test is performed in a pressure vessel.
NR 440.642(4)(p)5.a.a. If emissions from a wood heater tested under
subd. 3. exceed the applicable weighted average emission limit by more than 50%, the administrator shall so notify the manufacturer that certification for that model line is suspended effective 72 hours from the receipt of the notice, unless the suspension notice is withdrawn by the administrator. The suspension shall remain in effect until withdrawn by the administrator, or 30 days from its effective date if a revocation notice under
subd. 5. b. is not issued within that period, or the date of final agency action on revocation, whichever occurs earlier. The following contains a nested potential redrafting situation
NR 440.642(4)(p)5.b.
b. 1) If emissions from a wood heater tested under
subd. 3. exceed the applicable weighted average emission limit, the administrator shall notify the manufacturer that certification is revoked for that model line.
2) A revocation notice under subd. 5. b. 1) shall become final and effective 60 days after receipt by the manufacturer, unless it is withdrawn, a hearing is requested under sub. (10) or the deadline for requesting a hearing is extended.
3) The administrator may extend the deadline for requesting a hearing for up to 60 days for good cause.
4) A manufacturer may extend the deadline for requesting a hearing for up to 6 months, by agreeing to a voluntary suspension of certification.
NR 440.642(4)(p)5.c.
c. Any notification under
subd. 5. a. or
b. shall include a copy of a preliminary test report from the accredited laboratory. The accredited laboratory shall provide a preliminary test report to the administrator within 10 days of the completion of testing, if a wood heater exceeds the applicable emission limit in
sub. (3). The laboratory shall provide the administrator and the manufacturer, within 30 days of the completion of testing, all documentation pertaining to the test, including the complete test report and raw data sheets, laboratory technician notes, and test results for all test runs.
NR 440.642(4)(p)5.d.
d. Upon receiving notification of a test failure under
subd. 5. b. the manufacturer may submit some or all of the remaining 4 wood heaters selected under
subd. 2. for testing at the manufacturer's own expense, in the order they were selected by the administrator, at the laboratory that performed the emissions test for the administrator.
NR 440.642(4)(p)5.e.
e. Whether or not the manufacturer proceeds under
subd. 5. d., the manufacturer may submit any relevant information to the administrator, including any other test data generated pursuant to this section. The manufacturer shall pay the expense of any testing performed for him or her.
1) That all 4 wood heaters tested for the manufacturer met the applicable weighted average emission limits, or
2) That the second and third wood heaters selected met the applicable weighted average emission limits and the average of all 3 weighted averages, including the original audit test, was below the applicable weighted average emission limits.
NR 440.642(4)(p)5.g.
g. The administrator may withdraw any proposed revocation, if the administrator finds that an audit test failure has been rebutted by information submitted by the manufacturer under
subd. 5. d. or
e. or by any other relevant information available to the administrator.
NR 440.642(4)(p)5.h.
h. Any withdrawal of a proposed revocation shall be accompanied by a document setting forth its basis.
NR 440.642(5)
(5) Test methods and procedures. Test methods and procedures in
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17, except as provided under
s. NR 440.08 (2), shall be used to determine compliance with the standards and requirements for certification under
subs. (3) and
(4) as follows:
NR 440.642(5)(a)
(a) Method 28 shall be used to establish the certification test conditions and the particulate matter weighted emission values.
NR 440.642(5)(c)
(c) Method 28A shall be used to determine that a wood combustion unit qualifies under the definition of wood heater in
sub. (2) (m). If such a determination is necessary, this test shall be conducted by an accredited laboratory.
NR 440.642(5)(e)1.1. The manufacturer of an affected facility shall notify the administrator of the date that certification testing is scheduled to begin. A notice from the testing lab containing the information required in
sub. (4) (f) 1. may be used to satisfy this requirement. This notice shall be submitted at least 30 days before the start of testing. The notification of testing shall be in writing, and include the manufacturer's name and address, the testing laboratory's name, the model name and number or, if unavailable, some other way to distinguish between models, and the dates of testing.
NR 440.642(5)(e)2.
2. Any emission testing conducted on the wood heater for which notice was delivered shall be presumed to be certification testing if such testing occurs on or after the scheduled date of testing and before a test report is submitted to the administrator. If certification testing is interrupted for more than 24 hours, the laboratory shall notify the administrator by telephone, as soon as practicable, and also by letter, stating why the testing was interrupted and when it is expected to be resumed.
NR 440.642(5)(e)3.
3. A manufacturer or laboratory may change the date that testing is scheduled to begin by notifying the administrator at least 14 days before the start of testing. Notification of schedule change shall be made at least 2 working days prior to the originally scheduled test date. This notice of rescheduling shall be made by telephone or other expeditious means and shall be documented in writing and sent concurrently.
NR 440.642(5)(e)4.
4. A model line may be withdrawn from testing before the certification test is complete, provided the wood heater is sealed in accordance with
sub. (6) (g). The manufacturer shall notify the administrator 30 days before the resumption of testing.
NR 440.642(5)(e)5.
5. The manufacturer or laboratory shall notify the administrator if a test is not completed within the time allotted as set forth in the notice of testing. The notification shall be made by the end of the allotted testing period by telephone or other expeditious means, and documented in writing sent concurrently, and shall contain the dates when the test will be resumed. Unless otherwise approved by the administrator, failure to conduct a certification test as scheduled without notifying the administrator of any schedule change 14 days prior to the schedule or revised test dates will result in voiding the notification. In the case of a voided notification, the manufacturer shall provide the administrator with a second notification at least 30 days prior to the new test dates. The administrator may waive the requirement for advance notice for test resumptions.
NR 440.642(5)(f)
(f) The testing laboratory shall allow the manufacturer to observe certification testing. However, manufacturers may not involve themselves in the conduct of the test after the pretest burn (as defined by Method 28) has begun. Communications between the manufacturer and laboratory personnel regarding operation of the wood heater shall be limited to written communications transmitted prior to the first pretest burn of the certification series. Written communications between the manufacturer and laboratory personnel may be exchanged during the certification test only if deviations from the test procedures are observed that constitute improper conduct of the test. All communications shall be included in the test documentation required to be submitted under
sub. (4) (b) 4. and shall be consistent with instructions provided in the owner's manual required under
sub. (7) (k), except to the extent that they address details of the certification tests that would not be relevant to owners.
