S. Environmental Protection Agency (EPA), alleging that the agency's failure to review and enforce emissions standards for residential wood-burning stoves has allowed the continued sale of appliances that contribute to pollution.
The states argue that programs aimed at encouraging people to trade in older stoves and wood-burning appliances have not necessarily improved air quality, as newer wood heaters may not meet cleaner standards.
In a 60-day notice of intent to sue, the states, including Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, Washington, and the Puget Sound Clean Air Agency, claim that the EPA's current standards are inadequate and that its testing and certification program is ineffective in ensuring compliance with these standards.
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The EPA declined to comment on the pending litigation.
The states assert that the EPA's current standards must be reviewed and that the agency's testing and certification program is flawed, resulting in the approval of wood heaters that emit excessive particulate-matter pollution.
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A report released by the EPA's Office of Inspector General in February found that the agency's 2015 performance standards for residential wood heaters were flawed and allowed too much flexibility.
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The report also highlighted the potential waste of federal, state, and local funds if replacement models do not meet emission standards.
The EPA has been supportive of programs aimed at replacing older, dirtier wood heaters with newer, cleaner models and has distributed approximately $82 million in grants for residential exchanges between fiscal years 2015 and 2021.
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However, if the replacement models do not meet emission standards, the report warns that millions of dollars could be wasted. In response to the report, EPA officials acknowledged the concerns and pledged to address testing and certification issues.
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The report also highlighted the specific challenges faced by the Fairbanks North Star Borough in Alaska, where approximately 39% of households rely on wood-fired heaters during the winter.
The region is prone to inversions that trap cold air and pollution close to the ground for extended periods.
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While over 3,000 wood-burning appliances have been replaced in the area through a changeout program supported by federal, state, and local funding, the report noted that residents are uncertain whether their wood heaters meet standards, and air quality remains a concern.
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The impending lawsuit by the ten states underscores their belief that the EPA's current standards and certification program are insufficient in addressing the environmental impact of residential wood-burning stoves.
The outcome of this legal action could have significant implications for the regulation of wood-burning appliances and the efforts to improve air quality in affected regions.
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