DOE Releases a “National Definition” for a Zero Emissions Building that Includes No On-Site Emissions thus Prohibiting Gas Appliances and Equipment Within Structures Identified as Zero Emissions.

Recall that we reported in a January 12, 2024 BECS Updated on End Use Codes and Standards, that  on January 2, 2024 the DOE’s Building Technologies Office (BTO)  released a Request for Information (RFI) to “solicit feedback from industry, academia, research laboratories, government agencies, and other stakeholders on Part 1 of a draft National Definition for a Zero Emissions Building. Responses to this RFI will help to develop a National Definition for a Zero Emissions Building that will serve as a clear market signal and consistent target, backed by measurable data, that is intended to help move the building sector to zero emissions.” The major concern with the proposed definition includes the requirement that the structure be “Free of on-site emissions from energy use”  which of course, is a major concern for natural gas applications. AGA did submit the attached, February 5, 2024 comments on the proposed definition however DOE issued a final recommendation retaining the essentially a ban of gas appliances and equipment on-site.   Specifically, yesterday, DOE announced its “national definition” for zero emission buildings and essentially ignored AGA’s comments and retained the no on-site emissions requirement thus prohibiting gas appliances and equipment on applications that are identified as “zero emissions”. Note that in the announcement it also states the following information that indicates the far-reaching impact the definition can have on natural gas applications:

• Eight major green building certification programs in the U.S. announced that they will embed or align or exceed the zero emissions definition within their certification. Many certifications go even further to demonstrate climate leadership by exceeding the criteria of the definition.
• In December 2021, President Biden signed Executive Order 14057 on Federal Sustainability and issued his Federal Sustainability Plan, which calls on agencies to achieve a federal net-zero emissions building portfolio by 2045. As part of today’s effort, the Federal Government will use the National Definition in leasing net-zero emissions buildings, which will become the standard for Federal leases beginning in 2030.

AGA staff is reviewing all, potential options that could be taken to seek adjustments to the “National Definitions” and allow the recognition of the benefits of the direct use of natural gas, renewable natural gas, hydrogen blended natural gas and other potential variations that can reduce overall emissions and still provide the benefits consumer’s desire.

Update on the DOE Direct Final Rule (DFR) and Notice of Proposed Rulemaking (NOPR) for Consumer Gas Cooking Tops and Ovens.

As a reminder, on February 16, 2024, we provided the DOE February 14, 2024 Federal Register Notices on both the DFR and the NOPR for Consumer Cooking Products Including Gas Cooking Tops and Ovens. As outlined in the Federal Register Notices, the comment deadline on the NOPR was this past Tuesday, June 3, 2024. Recall that for gas cooktops, DOE established a revised minimum efficiency requirement of a Maximum Integrated Annual Energy Consumption (IAEC) IAEC to 1770 kBtu/year. This was an increase from the earlier DOE proposal of 1204 kBtu/year IAEC that would have limited the availability of high input burners on gas cooktops. The proposed change to a 1770 kBtu/year requirement would allow for additional high input burners on gas cooktops (commercial style residential cooktops). According to the Federal Register, “if an adverse public comment(s) is filed by June 3, 2024 the Secretary then decides if there is a reasonable basis for withdrawing the direct final rule under based on DOE’s criteria for prescribing new or amended standards under the 42 U.S.C. 6295(o) and 42 U.S.C. 6313(a)(6)(B), e.g., technologically feasible and economically justified.”  All 14 comments, pro and negative, are posted on the DOE docket here.  Of particular interest on negative comments are those submitted in a single filing signed on by 23 state Attorney Generals (AG’s) and a separate AG filing from 2 other state AG’s. At this time, according to the process of addressing the public comments, DOE is supposed to have 10 days to decide if there is a basis to withdraw the DFR based on the negative comments received, and if they do determine there is a basis to withdraw,  they are to move to the Notice of Proposed Rulemaking (NOPR) process. However, in a direct final rulemaking on another appliance earlier this year, DOE did receive negative comments but to date, has not issued a finding to withdraw that rule or not.  We will provide an update on DOE’s determination when available.

Public Comments on ICC Committee Recommendations from the April 7-14 , 2024 Code Hearings Due on July 10.

The ICC has announced that comments on the recommendations out of the Committee Action hearings held on April 7-14, 2024 are open for public comments.  The report of the hearings and committee recommendations as well as information on filing public comments are found here.  Of particular interest for natural gas applications are the recommendation on proposals on the International Fuel Gas Code (IFGC). Based on BECS Committee recommendations,  AGA plans to file comments to add hydrogen blending coverage to the IFGC and to clarify that Chapter 7 of the IFGC is applicable only to 95% or more hydrogen and not blended hydrogen natural gas that currently is limited to no more then 20% hydrogen.  We will provide the AGA proposals for BECS Committee comments on the IFGC shortly.

State Codes Activity Update.

Attached is a weekly feature of the “Friday Update” covering state code calendar activities as presented by the online utility “Fiscal Note,” which is sponsored by APGA and AGA Code and Standards. Please review the update and determine if there are state code activities that impact your service territory or organization.