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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 PDF
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.
NR 440.642(4)(p)5.f. f. The administrator shall withdraw any notice issued under subd. 5. b. if tests under subd. 5. d. show either:
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)(b) (b) Emission concentrations may be measured with either:
NR 440.642(5)(b)1. 1. Method 5G if a dilution tunnel sampling location is used, or
NR 440.642(5)(b)2. 2. Method 5H if a stack location is used.
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.
NR 440.642(6) (6)Laboratory accreditation.
NR 440.642(6)(a)1.1. A laboratory may apply for accreditation by the administrator to conduct wood heater certifications tests pursuant to sub. (4). The application shall be in writing to: Emission Measurement Branch (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attn: Wood Heater Laboratory Accreditation.
NR 440.642(6)(a)2. 2. If accreditation is denied under this section, the administrator shall give written notice to the laboratory setting forth the basis for the determination.
NR 440.642(6)(b) (b) In order for a test laboratory to qualify for accreditation the laboratory shall:
NR 440.642(6)(b)1. 1. Submit its written application providing the information related to laboratory equipment and management and technical experience of laboratory personnel. Applications from laboratories shall establish that:
NR 440.642(6)(b)1.a. a. Laboratory personnel have a total of one year of relevant experience in particulate measurement, including at least 3 months experience in measuring particulate emissions from wood heaters,
NR 440.642(6)(b)1.b. b. The laboratory has the equipment necessary to perform testing in accordance with either sub. (5) (b) 1. or 2., and
NR 440.642(6)(b)1.c. c. Laboratory personnel have experience in test management or laboratory management.
NR 440.642(6)(b)2. 2. Have no conflict of interest and receive no financial benefit from the outcome of certification testing conducted pursuant to sub. (4).
NR 440.642(6)(b)3. 3. Agree to enter into a contract as described in sub. (4) (g) with each wood heater manufacturer for whom a certification test has been performed.
NR 440.642(6)(b)5. 5. Demonstrate proficiency to achieve reproducible results with at least one test method and procedure in sub. (5) (b) by:
NR 440.642(6)(b)5.a. a. Performing a test consisting of at least 8 test runs (2 in each of the 4 burn rate categories) on a wood heater identified by the administrator,
NR 440.642(6)(b)5.b. b. Providing the administrator at least 30 days prior notice of the test to afford the administrator the opportunity to have an observer present, and
NR 440.642(6)(b)5.c. c. Submitting to the administrator all documentation pertaining to the test including a complete test report and raw data sheets, laboratory technical notes, and test results for all test runs.
NR 440.642(6)(b)6. 6. Be located in the continental United States.
NR 440.642(6)(b)7. 7. Agree to participate annually in a proficiency testing program conducted by the administrator.
NR 440.642(6)(b)8. 8. Agree to allow the administrator access to observe certification testing.
NR 440.642(6)(b)9. 9. Agree to comply with reporting and recordkeeping requirements that affect testing laboratories.
NR 440.642(6)(b)10. 10. Agree to accept the reasonable cost of a random compliance audit test (as determined by the administrator) if it is selected to conduct the random compliance audit test of a model line originally tested for certification at another laboratory.
NR 440.642(6)(e)1.1. The administrator may revoke the U.S. environmental protection agency laboratory accreditation if he or she determines that the laboratory:
NR 440.642(6)(e)1.a. a. No longer satisfies the requirements for accreditation in par. (b),
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.