State Enforcement of EPA’s NSPS Underway

As expected, states are beginning to enforce the EPA’s NSPS. HPBA has received notices from the California and New York Attorneys General announcing active enforcement against Step 1 appliances being offered for sale. While EPA has indicated that federal enforcement of the wood heater NSPS is a low priority, states have the authority to enforce and impose fines under state law. As a civil infraction, the amount of any fine can vary significantly, but can range well into the thousands of dollars per day per infraction.

EPA does not expect to take final action on the recent sell-through proposal until the fall, so Step 2 (and the prohibition on sale of Step 1 units) is in full effect across the U.S. Visit HPBA’s FAQ page, our enforcement visit checklist, and our full NSPS toolkit for more information. Contact Rachel Feinstein with any questions.