Court Vacates DOE Efficiency Rule for Commercial Fuel Gas Packaged Boilers.

As previously reported in BECS Committee End Use Codes and Standards Updates that in response to the DOE issuance of its January 10. 2020 final rule on commercial fuel gas packaged boiler minimum efficiency requirements, Spire Inc., the American Public Gas Association (APGA) and the Air-Conditioning, Heating, and Refrigeration Institute (AHRI)  filed petitions challenging the final rules minimum efficiency levels.   AGA intervened in support of Petitioners. The major concern with the DOE final rule argued by Spire Inc., APGA and AHRI was that the DOE did not provide clear and convincing economic justification for the more stringent standards for commercial fuel gas package boilers in the final rule.  Today the US Court of Appeals for DC vacated DOE’s efficiency rule (attached).  In short, DOE issued a rule, and the court remanded it back to DOE in 2022 to resolve certain issues.  DOE later issued a supplement to the rule, which was also challenged, and today’s opinion vacates DOE’s original rule and the supplement.  While commercial packaged fuel gas boilers are not as large of a market as for example residential natural furnaces, boilers, water heaters, etc., the Opinion is important because, among other things:

• There is a willingness of the court to not defer to DOE.
• The court is willing to vacate a DOE efficiency rule.
• The court stresses the need for notice and comment.
• DOE cannot ignore filed arguments.
• DOE’s assumptions, models, and methods can be overturn by the court.

While AGA staff continues to review the opinion in more detail, because of the concepts addressed by the court in this proceeding, the opinion is likely to influence other DOE rulemakings that are in process including the residential natural gas furnace, water heater rules, etc.  

AGA and Joint Comments Filed Opposing the EPA Proposal to Eliminate ENERGY STAR Certification for Residential Fossil Fuel Boilers.

Attached are the comments filed today,  from AGA and joint comments from AGA and six other organizations, including the National Propane Gas Association, the American Public Gas Association, the National Energy & Fuels Institute, the Energy Marketers of America, the Oilheat Manufacturers Association, and the Plumbing-Heating-Cooling Contractors – National Association in opposition to the EPA release of the ENERGY STAR Residential Boilers Discussion Guide and their invitation for feedback as they “evolve the “ENERGY STAR program from its focus on traditional fossil fueled technologies to embrace emerging advances in efficiency”.  As previously reported, the EPA announcement proposes two actions: sunsetting the ENERGY STAR Boilers specification and launching a new specification to cover heat pump hydronic heating appliances, for which EPA and DOE will develop test methods. Thanks to the BECS committee members who provided comments on the drafts and those who provided responses to the EPA proposal. We will provide EPA responses when available.