The U.S. District Court for the District of Colombia on Oct. 2 approved a legally binding agreement that will require the U.S. EPA to review, and if appropriate, update new source performance standards (NSPS) for new residential wood heaters, and new residential hydronic heaters and forced-air furnaces.&nbsp;The states of New York, Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and the Puget Sound Clean Energy Agency in September 2023 sued the EPA, alleging the agency had failed to perform certain non-discretionary actions duties under the Clean Air Act. Specifically, the EPA is required to review, and if appropriate, revise NSPS for residential wood heating appliances every eight years. The EPA&nbsp;<a href="https://biomassmagazine.com/articles/epa-finalizes-nsps-for-residential-wood-heaters-11513">most recently updated NSPS for residential wood heating appliances</a>&nbsp;in 2015. &nbsp;The EPA and plaintiffs on Sept. 26 <a href="https://biomassmagazine.com/articles/epa-agrees-to-review-nsps-for-new-residential-wood-heating-appliances">filed a proposed consent decree with the court</a> that outlined deadlines for the required reviews and potential rulemakings. The court on Oct. 2 approved that consent decree.&nbsp;Under the agreement, the EPA is to complete required reviews of NSPS for new residential wood heaters and by Dec. 15, 2026, either issue a proposed rule to revise those regulations or issue a proposed determination that no revision is needed. A final rule or determination must be issued later than Dec. 15, 2027.&nbsp;With respect to the NSPS for new residential hydronic heaters and forced-air furnaces, the EPA is to complete necessary reviews and by Dec. 15, 2027, either issue a proposed rule to revise those regulations or issue a proposed determination that no revision is necessary. A final rule or determination must be issued no later than Dec. 15, 2028.&nbsp;The consent decree was previously subject to a public comment period that closed Aug. 26.

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The U.S. District Court for the District of Colombia on Oct. 2 approved a legally binding agreement that will require the U.S. EPA to review, and if appropriate, update NSPS for new residential wood heating appliances. 

Court approves consent decree that sets deadlines for EPA’s review of NSPS for new residential wood heating appliances

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