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.
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.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)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.e.
e. Failed to participate in a proficiency testing program, in accordance with its commitment under
par. (b) 5., or
NR 440.642(6)(e)2.
2. Revocation of accreditation under this paragraph may not take effect until the laboratory concerned has been given written notice by the administrator setting forth the basis for the proposed determination and an opportunity for a hearing under
sub. (10). However, if revocation is ultimately upheld, all tests conducted by the laboratory after written notice was given may, at the discretion of the administrator, be declared invalid.
NR 440.642(6)(f)
(f) Unless revoked sooner, a certificate of accreditation granted by the administrator shall be valid for 5 years from the date of issuance, for certificates issued under
par. (b).
NR 440.642(6)(g)
(g) A laboratory accredited by the administrator shall seal any wood heater on which it performed certification tests, immediately upon completion or suspension of certification testing, by using a laboratory-specific seal.
NR 440.642(7)
(7) Permanent label, temporary label and owner's manual. NR 440.642(7)(a)1.1. Each affected facility manufactured on or after July 1, 1988, or offered for sale at retail on or after July 1, 1990, shall have a permanent label affixed to it that meets the requirements of this subsection.
NR 440.642(7)(a)3.d.
d. Present required information in a manner so that it is likely to remain legible for the lifetime of the wood heater.
NR 440.642(7)(a)3.e.
e. Be affixed in such a manner that it cannot be removed from the appliance without damage to the label.
NR 440.642(7)(a)4.
4. The permanent label may be combined with any other label, as long as the required information is displayed, and the integrity of the permanent label is not compromised.
NR 440.642(7)(b)
(b) If the wood heater belongs to a model line certified under
sub. (4) and has not been found to exceed the applicable emission limits or tolerances through quality assurance testing, one of the following statements, as appropriate, shall appear on the permanent label:
State of Wisconsin
DEPARTMENT OF NATURAL RESOURCES
Certified to comply with July, 1988, particulate emission standards
Not approved for sale after June 30, 1992,
or
