AGA, APGA and NPGA File Legal Challenge to the DOE Final Rule for Commercial Water Heating Equipment Requires Condensing Technology for Gas-fired Commercial Water Heaters.

Last week, we reported on the DOE Federal Register final rule (attached) pertaining to energy conservation standards for commercial water heaters (CWH). In this final rule, DOE adopted amended standards for CWH equipment that requires gas-fired storage water heaters to have a 95% thermal efficiency (condensing) and 96% thermal efficiency for gas-fired instantaneous water heaters. The effective date of this rule is December 5, 2023. The actual effective date for requiring all gas commercial water heaters manufactured to meet these minimum efficiency requirements will be on or after October 6, 2026.  Today, AGA, the American Public Gas Association and the National Propane Gas Association filed a petition (attached) with the US Court of Appeals for DC challenging the DOE CWH Final Rule. We will provide updates on the petition filing as it is processed through the Court of Appeals.

The AGA, APGA, NPGA, and Spire Inc., File Comments on the NOPR for Consumer Hot Water Boilers.

Today, AGA, the American Public Gas Association (APGA), the National Propane Gas Association (NPGA), Spire Inc., Spire Missouri Inc., and Spire Alabama Inc., filed timely, joint comments on the DOE notice of proposed rulemaking (NOPR) pertaining to energy conservation standards for consumer (residential gas, electric and oil) hot water boilers.  Back on August 18th,  we reported that the DOE published a Federal Register NOPR that set a October 13, 2023 deadline for comments, data, and information regarding this NOPR. The proposed minimum efficiency level for consumer hot water gas boilers is a 95% AFUE that would require condensing technology for compliance. The joint comments (to be provided) identified serious concerns with the technical analysis and economic justification that DOE developed to establish the 95% AFUE minimum efficiency level.  A special thanks to the BECS Committee members who provided AGA staff with comments on the issues outline sent to the committee and to those members who submitted comments directly to DOE on the proposal.

The National Propane Gas Association (NPGA) Leads a Coalition Filing a Lawsuit Against New York State Ban of Fuel Gas Infrastructure and Appliances for New Construction.

Yesterday, a coalition led by the National Propane Gas Association, the New York Propane Gas Association, and Mulhern Gas of Hudson, NY filed a federal lawsuit against the New York Department of State, New York State Building Code Council, and others.  According to the attached NPGA Press Release, “the case was filed in the United States District Court for the Northern District of New York. The State of New York has banned fuel gas infrastructure and appliances in most newly constructed buildings beginning on December 31, 2025. NPGA and its co-plaintiffs contend that this action is preempted by, and in direct conflict with, the Federal Energy Policy & Conservation Act (EPCA). The EPCA expressly preempts state regulations concerning the energy use of appliances, subject to a few narrow exceptions which are not appliable.”

As a reminder,  back on April 17, 2023 we reported in the Update on End Use Codes and Standards that “ a unanimous panel of the United States Court of Appeals for the Ninth Circuit held that the federal Environmental Policy and Conservation Act, EPCA, expressly preempts a municipal code that regulated gas use in covered products by prohibiting gas service in new construction”. This was in response to the July 2019 action of the city of Berkeley California who was the first city to issue a natural gas ban on installing gas systems in homes and businesses.

AHRI Releases the August 2023 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 July2023StatisticalRelease.pdf (magnetmail.net) for the October 13, 2023 Air-Conditioning Heating, & Refrigeration (AHRI) Press Release that provides the August, 2023 U.S. Heating and Cooling Equipment Shipment Data. For previous monthly shipment releases and historical data, please click here . You may also wish to share this information with other groups or individuals within your organization that would be interested in this shipment data.

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.