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NR 440.642(3)(b)1.b. b. At burn rates greater than 2.82 kg/hr, (6.2 lb/hr), C = 15 g/hr (0.033 lb/hr).
NR 440.642(3)(b)2. 2. An affected facility not equipped with a catalytic combustor may not discharge into the atmosphere any gases which contain particulate matter in excess of a weighted average of 7.5 g/hr (0.017 lb/hr). Particulate emissions may not exceed 15 g/hr (0.033 lb/hr) during any test run at a burn rate less than or equal to 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average, and particulate emissions may not exceed 18 g/hr (0.040 lb/hr) during any test burn at a burn rate greater than 1.5 kg/hr (3.3 lb/hr) that is required to be used in the weighted average.
NR 440.642(4) (4)Compliance and certification.
NR 440.642(4)(a)(a) For each model line, compliance with applicable emission limits may be determined based on testing of representative affected facilities within the model line.
NR 440.642(4)(b) (b) Any manufacturer of an affected facility may apply to the administrator for a certificate of compliance for a model line. The application shall be in writing to: Stationary Source Compliance Division (EN-341), U.S. Environmental Protection Agency, 401 M Street SW, Washington DC 20460, Attention: Wood Heater Program. The manufacturer shall submit 2 complete copies of the application and attachments. The application shall be signed by the manufacturer, or an authorized representative, and shall contain the following:
NR 440.642(4)(b)1. 1. The model name and/or design number,
NR 440.642(4)(b)2. 2. Two color photographs of the tested unit, one showing a front view and the other, a side view.
NR 440.642(4)(b)3.a.a. Engineering drawings and specifications of components that may affect emissions, including specifications for each component listed in par. (k). Manufacturers may use complete assembly or design drawings that have been prepared for other purposes, but should designate on the drawings the dimensions of each component listed in par. (k). Manufacturers shall identify tolerances of components of the tested unit listed in par. (k) 2. that are different from those specified in that paragraph, and show that such tolerances may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits.
NR 440.642(4)(b)3.b. b. A statement whether the firebox or any firebox component (other than one listed in par. (k) 3.) will be composed of different material from the material used for the firebox or firebox component in the wood heater on which certification testing was performed and a description of any such differences.
NR 440.642(4)(b)3.c. c. For applications to certify a model line of catalytic wood heaters to meet the emission limits in sub. (3) (b), a statement describing the manufacturer's program to ensure consistency in the size of any gap in the catalyst bypass mechanism. The statement shall describe, in narrative form, the components of the system that affect the size of the gap, any specifications for critical dimensions of any such components, and the procedure the manufacturer will use to ensure consistency in the size of the catalyst bypass gap.
NR 440.642(4)(b)4. 4. All documentation pertaining to a valid certification test, including the complete test report and, for all test runs: raw data sheets, laboratory technician notes, calculations, and test results. Documentation shall include the items specified in the applicable test methods. Recommended formats and guidance materials are available from the administrator.
NR 440.642(4)(b)5. 5. For catalytic wood heaters, a copy of the catalytic combustor warranty,
NR 440.642(4)(b)6. 6. A statement that the manufacturer will conduct a quality assurance program for the model line which satisfies the requirements of par. (o).
NR 440.642(4)(b)7. 7. A statement describing how the tested unit was sealed by the laboratory after the completion of certification testing, and
NR 440.642(4)(b)8. 8. A statement that the manufacturer will notify the accredited laboratory if the application for certification is granted, within 30 days of receipt of notification from the U.S. environmental protection agency.
NR 440.642(4)(b)9. 9. Statements that the wood heaters manufactured under this certificate will be:
NR 440.642(4)(b)9.a. a. Similar in all material respects to the wood heater submitted for certification testing, and
NR 440.642(4)(b)9.b. b. Will be labeled as prescribed in sub. (7).
NR 440.642(4)(b)10. 10. For catalytic wood heaters, a statement that the warranty, access and inspection, and temperature monitoring provisions in pars. (c), (d), and (m) will be met.
NR 440.642(4)(b)11. 11. A statement that the manufacturer will comply with the recordkeeping and reporting requirements in sub. (8).
NR 440.642(4)(b)12. 12. A written estimate of the number of wood heaters that the manufacturer anticipates will be produced annually for the first 2 production years. Compliance with this provision may be obtained by designating one of the following ranges:
NR 440.642(4)(b)12.a. a. Less than 2,500,
NR 440.642(4)(b)12.b. b. 2,500 to 4,999,
NR 440.642(4)(b)12.c. c. 5,000 to 9,999,
NR 440.642(4)(b)12.d. d. 10,000 to 49,999,
NR 440.642(4)(b)12.e. e. 50,000 or greater; and
NR 440.642(4)(b)13. 13. At the beginning of each test run in a certification test series, 2 photographs of the fuel load: One before and one after it is placed in the wood heater. One of the photographs shall show the front view of the wood load and the other shall show the side view.
NR 440.642(4)(b)14. 14. For manufacturers seeking certification of model lines under sub. (4) (e) to meet the emission limits in sub. (3) (b), a statement that the manufacturer has entered into a contract with an accredited laboratory which satisfied the requirements of par. (g).
NR 440.642(4)(c) (c) If the affected facility is a catalytic wood heater, the warranty for the catalytic combustor shall include the replacement of the combustor and any prior replacement combustor without charge to the consumer for:
NR 440.642(4)(c)1. 1. Two years from the date the consumer purchased the heater for any defects in workmanship or materials that prevent the combustor from functioning when installed and operated properly in the wood heater, and
NR 440.642(4)(c)2. 2. Three years from the date the consumer purchased the heater for thermal crumbling or disintegration of the substrate material for heaters manufactured after July 1, 1990.
NR 440.642(4)(d) (d) The manufacturer of an affected facility equipped with a catalytic combustor shall provide for a means to allow the owner to gain access readily to the catalyst for inspection or replacement purposes and shall document in the application for certification how the catalyst is replaced.
NR 440.642(4)(e)1.1. The administrator shall issue a certificate of compliance for a model line if he or she determines, based on all information submitted by the applicant and any other relevant information available, that all of the following requirements have been met:
NR 440.642(4)(e)1.a. a. A valid certification test has demonstrated that the wood heater representative of the model line complies with the applicable particulate emission limits in sub. (3),
NR 440.642(4)(e)1.b. b. Any tolerances or materials for components listed in par. (k) 2. or 3. that are different from those specified in those paragraphs may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits.
NR 440.642(4)(e)1.c. c. The requirements of pars. (b), (c), (d), and (m) have been met. The program described under par. (b) 3. c. shall be deemed a tolerance specified in the certified design.
NR 440.642(4)(e)2. 2. Upon denying certification under this paragraph, the administrator shall give written notice to the manufacturer setting forth the basis for the determination.
NR 440.642(4)(f) (f) To be valid, a certification test shall be:
NR 440.642(4)(f)1. 1. Announced to the administrator in accordance with sub. (5) (e),
NR 440.642(4)(f)2. 2. Conducted by a testing laboratory accredited by the administrator pursuant to sub. (6),
NR 440.642(4)(f)3. 3. Conducted on a wood heater similar in all material respects to other wood heaters of the model line that is to be certified, and
NR 440.642(4)(f)4. 4. Conducted in accordance with the test methods and procedure specified in sub. (5).
NR 440.642(4)(g) (g) To have a wood heater model certified under sub. (4) (e) to meet the emission limits in sub. (3) (b), a manufacturer shall enter into a contract with the accredited laboratory that performed the certification test, under which the laboratory will:
NR 440.642(4)(g)1. 1. Conduct the random compliance audit test at no cost to the manufacturer if the U.S. environmental protection agency selects that laboratory to conduct the test, or
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.a. a. Firebox: Dimensions,
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.c. c. Baffles: Dimensions and locations,
NR 440.642(4)(k)2.d. d. Refractory/insulation: Dimensions and location,
NR 440.642(4)(k)2.e. e. Catalyst: Dimensions and location,
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.g. g. Flue gas exit: Dimensions and location,
NR 440.642(4)(k)2.h. h. Door and catalyst bypass gaskets: Dimensions and fit,
NR 440.642(4)(k)2.i. i. Outer shielding and coverings: Dimensions 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)3.a. a. Refractory/insulation or
NR 440.642(4)(k)3.b. b. Door and catalyst bypass gaskets.
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.
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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.