DOE Issues a Notice of Proposed Determination, Request for Comment and Notice of Public Webinar Pertaining to Standards for Consumer Conventional Cooking Products.
This week, the U.S. Department of Energy (DOE) has issued a pre-publication Federal Register notification of proposed determination (NOPD) and request for comment pertaining to Standards for Consumer Conventional Cooking Products. Gas ranges, cooktops and ovens are covered under “Consumer Conventional Cooking Products”.  The Energy Policy and Conservation Act (EPCA), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including consumer conventional cooking products. EPCA also requires DOE to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this NOPD, DOE has initially determined that amended energy conservation standards for consumer conventional cooking products would not be economically justified and would not result in a significant conservation of energy. DOE requests comment on this proposed determination and the associated analyses and results. DOE will accept comments, data, and information regarding this NOPD until 75 days after the notice has published in the Federal Register. DOE will send a follow-up email to announce the closing date once the notice has published. Comments identified by docket number EERE-2014-BT-STD-0005, by email ([email protected]), Federal eRulemaking portal (http://www.regulations.gov) postal mail, or hand delivery/courier. A webinar will be held on Thursday, January 28, 2021, from 11:00 a.m. to 4:00 p.m. Click here to register for the webinar.Frequently Asked Questions on the Notice of Proposed Determination, Request for Comment and Notice of Public Webinar Pertaining to Standards for Consumer Conventional Cooking Products. Detailed product information for Consumer Conventional Cooking Products. As a reminder, DOE issued a similar Notice of Determination on Direct Heating Equipment last month (see November 24, 2020 BECS Codes and Standards Update) with the same recommendation that amended energy conservation standards for Direct Heating Equipment  would not be economically justified and would not result in a significant conservation of energy. It should be noted that DOE is now evaluating minimum efficiency standards under its revised “Process Rule” issued in February that set new requirements on minimum requirements of estimated savings to justify increases in minimum efficiency requirements.
AGA Leads Effort to Develop Consensus Standard for Validation of Methane Emissions Methods.
 
Working through ASTM Committee D03, “Gaseous Fuels” this week, Ted Williams worked with the D03 Committee chair and former chair to initiate a standards development project to develop a Standard Practice for validation methods for measuring methane leaks from natural gas systems based upon methods originally developed by NYSEARCH. The D03 chair enthusiastically presented the proposed project, including presentation of background materials from NYSEARCH and an outline he developed for the Committee’s consideration at this week’s D03 meeting under the “new business” agenda topic.  The Committee endorsed further action on the project by the D22 Committee, “Air Quality” and specifically under the D22.03 Subcommittee, “Ambient Atmospheres and Source Emissions.” Ted Williams has joined both the full D22 Committee and the D22.03 in anticipation of acceptance as a voting member on both bodies to both work on the draft Standard Practice and support it through the ASTM consensus process.  Since the NYSEARCH outline of the validation was complete and the support from the D03 chair will continue, Ted has agreed to write the ASTM scope statement for the draft document and the development of the Standard Practice is expected move forward much faster than other new ASTM standards projects.  The former chair of D03 is the chair of D22.03, which will help in expediting standards development.  As an ASTM Standard Practice, the resulting document should facilitate broader recognition of an array of field methane leak measurement methods and their validation, avoiding potential technical barriers to individual technologies or preferentially treatment of technologies that might not meet consensus requirements.
 
Industry Allies Including AGA Meet to Discuss Challenges to ASHRAE Board Approval of Addendum ‘a.’
 
As discussed in previous Friday updates, Addendum ‘a’ to ASHRAE Standard 62.2 would effectively ban unvented combustion heating appliances in residential occupancies, and since the ASHRAE Board has reversed itself, Addendum ‘a’ is officially back in the ASHRAE standards process after being disapproved.  A coalition of industry partners including manufacturers, fuel suppliers including AGA, and standards executives met this week to discuss ways of responding to this Board action.  Appealing the Board action is one pathway that needs to be pursued.  AGA has offered to provide a letter of support to a manufacturer-authored appeal as it did in 2018 on a prior appeal of Addendum ‘a.’  However, it has been identified that the return of Addendum ‘a’ did not follow normal standards action requirements and since it had been previously vacated, it is not an actionable document.  An inquiry to the ASHRAE manager of standards has produced a disagreement with this interpretation but has allowed an extension of the appeals period.  Procedurally, the complaint about the vacating of Addendum ‘a’ is open to challenge both within ASHRAE and at ANSI should the Addendum move forward from ASHRAE.  AGA continues to believe that these procedurally-based actions are insufficient and recommends as it has previously that ASHRAE actions that effectively ban products that are design certified to nationally-accepted consensus standards are open to challenge under U. S. law. To date, manufacturers have preferred to restrict activities to ASHRAE procedural options, but it is increasingly clear that a legal challenge may be a necessary approach to pursue.
 
AGA Staff Joins the International Codes Council (ICC) ICC Pandemic Task Force.
 
In response to an ICC staff invitation, Ted Williams has agreed to join the ICC Pandemic Task Force, focusing on work of the planned working groups focusing on indoor air quality, mechanical systems, and ventilation including relevant coverage scopes of the International Mechanical Code, International Plumbing Code, International Fuel Gas Code, and International Residential Code.   To this working group, AGA brings experience from the ASHRAE 62.2 Committee, “Ventilation and Indoor Air Quality in Low Rise Residential Buildings and contributions to that Committee’s input to the ASHRAE Epidemic Task Force (ETF).
 
AHRI Releases October 2020 Heating and Cooling Equipment Shipment Data.
For those interested in shipment trends for residential and commercial gas and electric storage type water heaters, residential gas and oil furnaces, electric heat pumps and air-conditioners, click here for the December 11, 2020 Air-Conditioning Heating, & Refrigeration (AHRI) Press Release that provides the October 2020 U.S. Heating and Cooling Equipment Shipment Data. You may also wish to share this information with other groups or individuals within your organization that would be interested in water heater and HVAC equipment shipment trends.
 
 
State Codes Activity Update
[This 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.]
 
Recent Activity Alerts
State/Body
Date
Title
MEEA
11/30/2020
The Midwest Energy Efficiency Alliance published a re-cap of their annual Midwest Building Energy Codes Conference.
CO
12/2/2020
Jefferson County Sheriff implemented temporary Stage 1 Fire Restrictions for all lands in Unincorporated Jefferson County.
MA
12/8/2020
The Board of Building Regulations and Standards and Building Code of Appeals will consider changes to the 2018 energy code, discuss adding a new section – C405.2.10 Exterior Luminaires, amend the Stretch Energy Code for base code structures, and amend the Stretch Energy Code for residential code structures.
NC
12/8/2020
The Council will consider the emergency rule to delay the current January 1, 2021 effective date of 2018 NC Fire Code. They will also consider approving proposed rule adding Section 304.4.2.3 requirements for valet trash collections cans because of unavailability of the cans from manufacturers due to the current pandemic. The Council will vote on amending the 2018 NC Fire Code – Section 304.4.4 and adding to the 2018 NC Building Code – Appendix O relating to tiny houses used as dwelling units. They will vote to add to the 2018 NC Residential Code – Section P3103.1 and to amend the 2018 NC Energy Code – Appendix C1. They will also hold a public hearing to consider additional code requests.
NJ
12/7/2020
The Division of Codes and Standards adopted Proposed Amendments: N.J.A.C. 5:23-1.4, 2.15, 3.11, 4.3A, 4.5, 6.2, 6.7, and 6.8; and 5:27A-2.2 establishing standards for the Licensure of Residential Health Care Facilities. They also adopted N.J.A.C. 5:23-2.16, 2.18, and 2.29 relative to local code inspectors securing administrative warrants in order to make a non-emergent entry onto a property without the owner’s consent.
 
Recent and Upcoming Code Body Meetings
State
Body
Date
Address
Agenda
ME
Technical Codes & Standards Board
12/3/2020
Teleconference
WA
International Fire Code Technical Advisory Group
12/7/2020
Teleconference
MA
Board of Building Regulations and Standards and Building Code of Appeals
12/8/2020
Teleconference
NC
Building Code Council
12/8/2020
Teleconference
WA
Building, Fire & Plumbing Codes Committee Meeting
12/14/2020
Teleconference
IN
Fire Prevention & Building Safety Commission
1/5/2021
Teleconference
 
Bills with Recent Activity
State
Bill #
Bill Title
Primary Sponsor(s)
Last Action
Last  Action Date
NY
Relates to violations of the uniform fire prevention and building code
Ken Zebrowski (D)
Substitute S 1714 action – Delivered to Governor
12/3/2020
Summary: The bill amends the Executive Law, adding a civil penalty to violations of provisions of the Uniform Code that impedes a person’s egress from the building during a fire or other emergency evacuation.