Update on the AGA Response to the DOE Notice of Data Availability (NODA) for Evaluating Minimum Efficiency Requirements Gas Instantaneous Water Heaters – Please Provide Comments on the AGA Draft Response by COB Tuesday, August 20, 2024.

Recall that back on July 28, 2023, the U.S. Department of Energy (‘‘DOE’’) published a notice of proposed rulemaking (‘‘NOPR’’), in which DOE proposed amended energy conservation standards for consumer water heaters (‘‘July 2023 NOPR’’). That DOE proposal required that for the most popular sizes for gas instantaneous water heaters, less than 2 gallon and greater than 50,000 Btu/hour, an efficiency level that requires condensing technology. On the effective date, that level would eliminate the manufacturing of any instantaneous gas water heaters that are non-condensing types. However in its May 6, 2024 Final Rule , DOE did not finalize a requirement for condensing only technology for gas instantaneous water heaters (giwh) by maintaining the current non-condensing minimum efficiency requirement.  For gas-fired instantaneous water heaters, DOE indicated that it was not finalizing standards in the May 2024 final rule, as it continued to consider comments submitted in response to earlier rulemaking stages before finalizing a decision on amended standards. On Tuesday, July 23^rd, DOE issued a Federal Register notice of data availability (NODA) pertaining to energy conservation standards for consumer water heaters, specifically gas-fired instantaneous water heaters.  In this NODA, DOE is updating portions of its analysis for gas instantaneous water heaters. DOE requests comments, data, and information regarding the updated analysis and will accept comments, data, and information regarding this NODA no later than August 22, 2024.

In reviewing the NODA, DOE is continuing to support a condensing only minimum efficiency requirement for giwh’s based on its analysis that includes condensing technology as an improvement in each of its trial stages for improving their efficiency.  AGA staff is reviewing the NODA and has reached out to other interested stake holders including equipment manufacturers etc., to assess the basis and validity of the DOE technical and economic NODA information and its impact on the availability of non-condensing giwh’s.  Thus far, we have identified a number of concerns on how DOE conducted its analysis including assuming installation configurations based on central gas furnace installations that are not appropriate for giwh’s , questionable cost and venting materials assumptions that justify elimination of non-condensing giwh’s.  Attached is a draft of AGA’s response that identify specific economic and technical concerns uncovered in the revised NODA.  We continue to review the extensive and complex spread sheets that the DOE developed to determine its energy reductions, cost, etc. as well as the assumptions that were made and reported in the NODA.  Please review the draft AGA response and provide us with your comments   by COB on Tuesday, August 20. Note any suggested revisions that you identify as problematic or unjustified in the NODA. We continue to review the NODA and will supplement the draft as needed and at this time believe we have identified enough concerns with its results to request that the DOE issue a supplemental Notice of Proposed Rulemaking (NOPR) adjusting the analysis to address the identified concerns.    

International Code Council (ICC) Posts Access to 2024 International Codes Including the Residential and Commercial International Energy Conservation (IECC) Codes.

The ICC has posted public access to its 2024 editions ( and previous editions) of its series of international codes including the long awaited Residential and Commercial International Energy Conservation (IECC) Codes. You can access the digital versions of the codes at ICC digital codes . Besides the IECC, you can view all of the I-Codes including the International Fuel Gas Code, International Residential Code, etc.