Anticipating common questions retailers and distributors might have, HPBA has put together this interpretation of what certain provisions of EPA's final NSPS say about hangtags, labels, and owner's user manuals. HPBA believes the following positions are legally defensible, but there is considerable ambiguity throughout the rule. Always defer to your legal counsel if there are questions about these interpretations.

Are hangtags still required for appliances manufactured after May 15, 2015?

No, hangtags are NOT required to be affixed to appliances.

The EPA is allowing a temporary, voluntary, hangtag for each adjustable burn rate heater, single-burn rate heater, pellet heater/stove, hydronic heater and forced-air furnace sold at retail that meets the Step 2 emission limits before the Step 2 compliance date. This temporary label option will end upon the Step 2 compliance date (May 15, 2020).

What Does the EPA Say? 

Temporary label (hangtag) voluntary option. (1) Each model certified to meet the 2020 particulate matter emission standards of § 60.532(b) prior May 15, 2020 may display the temporary labels (hangtags) specified in section 3 of Appendix I of this part. The electronic template will be provided by the Administrator upon approval of the certification.

What about appliances manufactured before May 15, 2015, do they still need hangtags?

No, hangtags are not required for appliances manufactured before May 15, 2015. Appliances that are deemed certified are considered Step 1 compliant under the new NSPS regime, which does not require hangtags. The old NSPS no longer has legal effect since the new NSPS has completely replaced it. Under the current law, hangtags are not required; thus, there is nothing in the current law for EPA to enforce.

For appliances manufactured after May 15, 2015, what are the permanent label visibility requirements?

Appliances manufactured on or after May 15, 2015 must have permanent labels (not hangtags) affixed in a readily visible or accessible location that can be viewed before and after installation, i.e., not the bottom of a free-standing heater. However, an easily removable façade may be used for aesthetic purposes.

What Does the EPA Say?

General permanent label requirements. (1) Each affected wood heater manufactured on or after the date the applicable standards come into effect as specified in § 60.532, must have a permanent label affixed to it that meets the requirements of this section…. (3) The permanent label must: (i) Be affixed in a readily visible or readily accessible location in such a manner that it can be easily viewed before and after the appliance is installed (an easily-removable facade may be used for aesthetic purposes, however the bottom of a free-standing heater is not considered to be readily visible or readily accessible).

Do “deemed certified” stoves in my store need their labels replaced to reflect the new permanent label requirements?

No, do not remove labels and replace them with something that did not arrive on the appliance. This would be illegal.

Models that are EPA-certified at 4.5 g/hr or less before May 15, 2015 (deemed certified) may continue to be manufactured and sold until Step 2 is effective in 2020, but which of these deemed certified appliances need updated manuals?

Only appliances manufactured after May 15, 2015 require updated manuals. If a product wasn’t in your store before May 15, 2015, it should have an updated owner’s manual from the manufacturer.

What Does the EPA Say?

Owner’s manual requirements. (1) Each affected wood heater offered for sale by a commercial owner must be accompanied by an owner’s manual that must contain the information listed in paragraph (g)(2) of this section (pertaining to installation) and paragraph (g)(3) of this section (pertaining to operation and maintenance). Such information must be adequate to enable consumers to achieve optimal emissions performance…. The commercial owner must also make current and historical owner’s manuals available on the company Web site and upon request to the EPA.

Need more details? View the EPA’s NSPS

Additional Resources

The following external websites provide additional information about the EPA's current NSPS for New Residential Wood Heaters. Though they may not reflect HPBA’s views, they provide important context for members of the hearth industry looking to protect their interests,