AGA, American Public Gas Association (APGA) and the National Propane Gas Association (NPGA) File Comments on the DOE Request for Information (RFI) on Potential Upgrades to its Appliance Efficiency Development “Process Rule”.  

Recall that on May 21^st,  we requested comments on a draft response to the DOE published a Request for Information (RFI) on its appliance efficiency development “Process Rule”.  According to the RFI, DOE stated that “ As part of its implementation of the Executive order, ‘‘Unleashing American Energy’’ (Jan. 20, 2025), the Department of Energy (DOE or the Department) is seeking comments and information from interested parties to assist DOE in identifying potential modifications to its procedures, interpretations, and policies for considering new or revised energy conservation standards and test procedures for consumer products and certain commercial and industrial equipment (i.e., the ‘‘Process Rule’’). DOE is initiating this effort through this request for information to ensure consistency with recently issued Executive Orders, while continuing to satisfy the Department’s statutory obligations in the development of appliance and equipment standards under the Energy Policy and Conservation Act (EPCA). Subsequently, DOE expects to expeditiously publish a notice of proposed rulemaking (NOPR) that proposes potential changes to the Process Rule and that will also provide feedback on the public comment received in response to this document and seek additional information on other potential improvements.”  For many years, AGA expressed concern on how the DOE develops and issues regulations pertaining to minimum efficiency levels, test procedures, etc. for gas appliances and equipment. Requirements in the “Process Rule” are vital in helping to ensure that proposed changes to the DOE efficiency regulations and test procedures are done in an open and transparent manner and are technically sound and economically justified.  The DOE RFI requested information, recommendations and comments that would also streamline and modernize the “Process Rule” and the proposed changes are intended to substantially improve the agency’s process for setting energy efficiency standards and test procedures for residential appliances and commercial equipment, enhancing transparency, accountability, and regulatory certainty for stakeholders. We had submitted specific recommendations in the past but haven’t been successful particularly on the request that DOE be required to follow the Process Rule rather than it be considered guidance that the DOE is required to follow the requirements in the Process Rule. Since the “Process Rule “ is considered as “guidance”, that provides them with the opportunity to ignore revisions in the “Process Rule” arguing that the document is only guidance and therefore they have no mandate to follow the requirements.

We received a number of suggested comments on the draft and collaborated with APGA and NPGA in the development of our joint comments (attached) in the response to the DOE RFI that was submitted on Monday.  Thanks to everyone who provided feedback on the draft response.  We will provide the DOE response when available.

The International Code Council (ICC) Issues the Report of the Group B Committee Action Hearings (CAH) #1 held in Orlando, Fla., from April 27-May 5, 2025. The ICC has issued the Report of the Group B Committee Action Hearings (CAH) #1 held in Orlando, Florida, from April 27-May 5, 2025. The Report can be accessed via the Code Development Group B webpage. The Group B Codes include the International Residential Code, International Building Code, International Plumbing and Mechanical Code, International Fire Code, etc. According to the ICC,  “As of June 3, 2025, comments on the results of CAH #1 may be submitted through cdpACCESS. As shown on the 24-26 Code Development Schedule, the deadline for comments submitted through cdpACCESS.com is July 15, 2025, at 11:59 p.m. Pacific time.” The announcement states that, “Comments must be germane to the original code change proposal and in response to the action taken by the committee at the CAH#1. These comments will be incorporated into the agenda for CAH #2 which will be held in Cleveland, Ohio, from October 22-30, following the Annual Business Meeting. The Report can be accessed via the Code Development Group B webpage.”  At this time, the BECS Committee and Staff have not identified any committee actions to submit comments on but continue to review all the Committee actions and requests member feedback on any Committee recommendation that may need to be submitted.

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.