AGA, NPGA, APGA, and Spire, Inc., Submit Comments on the DOE Notice of Data Availability (NODA) on Consumer Cooking Products.
Attached, please find joint comments from AGA, the National Propane Gas Association (NPGA), the American Public Gas Association (APGA), and Spire, Inc., filed today in response to the DOE’s attached August 2, 2023 NODA on Consumer Conventional Cooking Products. As a reminder, the August 4, 2023 Update on End Use Codes and Standards reported that in the NODA, DOE states that it is “updating its analysis for consumer conventional cooking products based on stakeholder data and information it received in response to that SNOPR.“ DOE requested comments, data, and information regarding the updated analysis by today, and the joint submittal provided a detailed and comprehensive response. ( AGA, APGA, NPGA and Spire, Inc. had requested an extension on the due date but was denied by DOE in the attached August 31, 2023 response.) Also, attached is AGA’s September 1st Press Release on the filed comments. A special thanks to BECS Committee members who provided comments on the draft response. We will provide DOE’s response to the joint filed comments when available.
Update on the DOE Notice of Proposed Rulemaking (NOPR) for Consumer (Residential) Water Heaters – Comments Filed to Department of Justice (DOJ) on the Proposal.
In the July 28th Update on End Use Codes and Standards, we reported that DOE published the Federal Register NOPR that provides the proposal to raise the minimum efficiency requirements for consumer (residential) storage and instantaneous gas, electric and oil water heaters as well as the specific time table for comments and information for registering for the webinar scheduled for September 13, 2023. The Energy Policy and Conservation Act (EPCA) requires the Attorney General to provide to DOE a written determination of whether the proposed standard is likely to lessen competition and the “U.S. Department of Justice Antitrust Division invites input from market participants and other interested persons with views on the likely competitive impact of the proposed standard on or before August 28, 2023.” Attached are timely comments on the likely competitive impact of the proposal file on August 28th by AGA, the National Propane Gas Association (NPGA), the American Public Gas Association (APGA), and Rinnai America Corporation on the potential competitive impact of the of this proposal for consumer water heaters, including the market and competition, fuel switching (fuel gas to electric) and small business impacts.
As a reminder, comments on the NOPR can be submitted to the docket number EERE–2017–BT–STD-0019, by email ([email protected]), Federal eRulemaking portal (http://www.regulations.gov) and DOE will accept comments, data, and information regarding this NOPR until September 26, 2023. Also, DOE will hold a webinar on Wednesday, September 13, 2023 from 1:00 p.m. to 4:00 p.m. BECS Committee members are encouraged to participate on the webinar and can Click here to register for the webinar. Additional webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s website: https://energy.gov/eere/buildings/public-meetings-and-comment-deadlines .
DOE Modifies Public Meeting and Webinar Time for Consumer Boiler Time and Schedules In-person Meeting for Consumer Boilers.
The DOE has changed the starting time and announced that the public meeting will now be held in person, in addition to being broadcast as a webinar on the August 14, 2023 Notice of Proposed Rulemaking (NOPR) for Consumer (Residential) boilers. Attached is the August 31, 2023 Federal Register Notice announcing the revised schedule. Here is the time change and in-person.
DATES: Meeting: DOE will hold a public meeting on Tuesday, September 12, 2023 from 10 a.m. to 3 p.m., in Arlington, VA. This meeting will also be broadcast as a webinar.
ADDRESSES: The public meeting will be held at 1000 Wilson Boulevard, Suite 1400, Arlington, VA 22209. See the SUPPLEMENTARY INFORMATION (Public Participation) section for further details, including procedures for attending the in-person meeting, webinar registration information, participant instructions, and information about the capabilities available to webinar participants.
FOR FURTHER INFORMATION CONTACT: Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (240) 597– 6737. Email: ApplianceStandardsQuestions@ ee.doe.gov.
As a reminder, the August 14, 2023 Federal Register proposes amended standards for consumer gas-fired boilers, is proposing a 95% AFUE minimum efficiency requirement and for gas-fired steam boilers, an 82% AFUE minimum efficiency requirement. DOE is proposing a slight increase for consumer oil boilers and no increase for consumer electric boilers.
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.
For Immediate Release:
September 1, 2023
AGA Files Comments on DOE NODA
Washington, D.C. – AGA has filed comments on the Department of Energy (DOE) Notification of Data Availability and Request for Comment (NODA): “Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products” in conjunction with Spire and the American Public Gas Association (APGA) and the National Propane Gas Association (NPGA).
DOE has attempted to revise the considerable errors in DOE’s proposed standard for gas cooktops, but its approach would harm consumers while doing little to reduce energy or costs. DOE’s revised “efficiency levels” would eliminate entire classes of gas stoves and remove features consumers need when they cook, and would only achieve an average savings of 4 to 8 cents per month, according to DOE data. More than a third of consumers would see a net cost increase if DOE set a standard at the highest proposed efficiency level. Alleged cost saving measures that increase costs to consumers more than they save are counterproductive and are not economically justified.
“AGA and our members have consistently supported energy conservation standards that are technologically feasible and economically justified. In this case, DOE’s flawed approach and analysis is compounded by the fact that DOE has not proposed new standards or indicated whether these revised efficiency levels would be justified. DOE’s lack of transparency and clarity means stakeholders cannot provide meaningful comment,” said Karen Harbert, AGA president and CEO. “However, taking DOE’s analysis at face value, DOE’s actions are clearly not economically justified and increase costs to customers. DOE’s highest proposed efficiency level results in a net cost to consumers between $20 million and $90 million over thirty years with little to no reduction in energy use. Implementing DOE’s new higher efficiency level will eliminate at least 59 percent of gas cooktops currently on the market. DOE should rescind its proposed rule or determine that new standards are not justified.”
The comments reference numerous issues with the NODA. One such issue is the alarming lack of transparency by DOE: “In short, in response to a request for clarity about what DOE is proposing in this proceeding, DOE’s response was that it may choose an efficiency level higher or lower than what was proposed or a mix thereof.” DOE’s hide-the-ball approach deprives the public from providing adequate feedback and comments on the rulemaking.
Another issue raised by the comments is the danger that the higher standard proposed risks effectively outlawing certain types of gas stoves. DOE’s data shows that – of 55 tested products with continuous cast iron grates and high-capacity burners – only one product with “multiple” high-capacity burners can meet the new higher efficiency level.
The numerous issues identified by AGA and our partner organizations can be accessed in the full comments, available here.
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AGA Media Contact:
Adam Kay
[email protected]
(202) 824-7263
About the American Gas Association
The American Gas Association, founded in 1918, represents more than 200 local energy companies that deliver clean natural gas throughout the United States. There are more than 77 million residential, commercial and industrial natural gas customers in the U.S., of which 96 percent — more than 74 million customers — receive their gas from AGA members. Today, natural gas meets nearly one-third of the United States’ energy needs.