10 States Intend to File Lawsuit Against EPA Regarding Residential Wood-Burning Stove Standards

Attorneys general from ten states are preparing to sue the U.S. Environmental Protection Agency (EPA), alleging that the agency’s failure to review and ensure emissions standards for residential wood-burning stoves has allowed the continued sale of appliances that could exacerbate pollution levels.

As a result, initiatives promoting the replacement of older stoves and other wood-burning devices, including forced-air furnaces, have not necessarily resulted in improved air quality, according to the states.

In a 60-day notice of intent to sue, the states expressed, “If newer wood heaters fail to meet more stringent standards, then programs aimed at replacing older wood heaters may yield limited health benefits despite significant public expenditure.”

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The states involved in this legal action are Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington, along with the Puget Sound Clean Air Agency.

The states argue that the EPA’s existing standards are inadequate and that even if they were satisfactory, the agency’s testing and certification program is so ineffective that it fails to ensure compliance with those standards.

The EPA has declined to comment on the ongoing litigation.

The states maintain that the EPA’s current standards need to be reviewed, and they criticize the agency’s testing and certification program for its lack of effectiveness in upholding the existing standards.

In a report released in February, the EPA’s Office of Inspector General found flaws in the EPA’s 2015 performance standards for residential wood heaters. The report stated that the agency had “approved methods that lack clarity and allow too much flexibility.”

The report further noted, “As a result, certification tests may not accurately reflect real-world conditions and may result in some wood heaters being certified for sale despite emitting excessive particulate matter pollution.”

According to the report, the EPA supports programs aimed at replacing older and more polluting wood heaters with newer, cleaner models, and it has provided approximately $82 million in grants for residential exchanges between fiscal years 2015 and 2021.

“However, if the replacement models fail to meet emission standards due to the aforementioned issues, it could result in the wasteful expenditure of millions of federal, state, and local dollars,” the report cautioned.

In response to a draft of the report, EPA officials expressed their serious concern and pledged to take action to address the testing and certification problems.

The report also highlighted that approximately 39% of households in Alaska’s Interior, specifically in the Fairbanks North Star Borough, rely on wood-fired heaters during the winter when temperatures can plummet well below zero degrees Fahrenheit (minus 18 degrees Celsius).

The region is prone to inversions that trap cold air near the ground, leading to the accumulation of pollution for extended periods.

Between 2010 and 2021, over 3,000 wood-burning appliances were replaced in the area through a changeout program funded by federal, state, and local resources. However, the report pointed out that local residents “are unaware of whether their wood heaters meet standards,” and poor air quality remains a significant concern.

Frequently Asked Questions (FAQs) about wood-burning stove standards

More about wood-burning stove standards

• U.S. Environmental Protection Agency (EPA)
• Attorneys general
• EPA’s Office of Inspector General
• EPA’s 2015 performance standards for residential wood heaters
• Puget Sound Clean Air Agency