Reminder – The next BECS committee meeting will be held on May 7-8, 2025 at the “Wyndham Grand Clearwater Beach Hotel”, 100 Coronado Dr, Clearwater, FL 33767. Note that the Hotel cut-off date – April 22, 2025. You can also use this link AGA 2025 BECS Committee Meeting to make your hotel reservations.
AGA, APGA and NPGA Submits Comments in Support of the DOE Proposal to Withdrawal its Determination of Miscellaneous Gas Products as a Covered Consumer Product.
Back on March 14, we reported that the DOE had issued a Federal Register Notice proposing to withdraw a previous determination that “miscellaneous gas products” are covered products subject to DOE minimum efficiency requirements. “Miscellaneous natural gas products” cover several indoor and outdoor “decorative” gas appliances such as fireplace log sets, gas lights, etc. as well as outdoor heaters including patio heaters. As background, on April 8, 2022, AGA and the American Public Gas Association (APGA) filed joint, timely comments (attached) on the Department of Energy’s February 7, 2022 preliminary determination that a number of miscellaneous natural gas products are covered products and therefore subject to possible minimum efficiency requirements. That notice proposed to cover the indoor and outdoor “decorative” gas appliances as well as outdoor heaters including patio heaters as outlined above. Our comments recommended that DOE implement the recommendations from the recent National Academies of Sciences, Engineering, and Medicine (“NASEM report”) into all its appliance rulemakings, whether for test procedures or energy conservation standards. The NASEM report comprehensively evaluated the agency’s appliance rulemaking process and identified several key areas in which DOE can improve its rulemaking process. We urged the DOE to address these recommendations as it considers possible requirements and considers developing efficiency test procedures for these gas products. Our comments also challenge the DOE contention that these miscellaneous gas products are a “covered product” under federal legislation and that there would be the possibility of substantial energy savings with a minimum efficiency requirement. Unfortunately, DOE ignored our comments and issued a final determination on September 6, 2022 Federal Register Notice in which they determined that they could cover these products. The March 13th DOE Federal Register Notice proposes to reverse that determination that would keep those natural gas products outside the list of natural gas products subject to DOE efficiency regulations. On Monday, AGA, APGA and NPGA submitted the attached comments in support of the DOE proposal. We will provide the DOE final rule when available.
DOE Issues Request for Information (RFI) on Potential Upgrades to its Appliance Efficiency Development “Process Rule” – Comments Due to DOE by June 2.
Yesterday, DOE published a Request for Information (RFI) on its appliance efficiency development “Process Rule”. According to the RFI, DOE states that “ As part of its implementation of the Executive order, ‘‘Unleashing American Energy’’ (Jan. 20, 2025), the Department of Energy (DOE or the Department) is seeking comments and information from interested parties to assist DOE in identifying potential modifications to its procedures, interpretations, and policies for considering new or revised energy conservation standards and test procedures for consumer products and certain commercial and industrial equipment (i.e., the ‘‘Process Rule’’). DOE is initiating this effort through this request for information to ensure consistency with recently issued Executive Orders, while continuing to satisfy the Department’s statutory obligations in the development of appliance and equipment standards under the Energy Policy and Conservation Act (EPCA). Subsequently, DOE expects to expeditiously publish a notice of proposed rulemaking (NOPR) that proposes potential changes to the Process Rule and that will also provide feedback on the public comment received in response to this document and seek additional information on other potential improvements.” For many years, AGA expressed concern on how the DOE develops and issues regulations pertaining to minimum efficiency levels, test procedures, etc. for gas appliances and equipment. Requirements in the “Process Rule” are vital in helping to ensure that proposed changes to the DOE efficiency regulations and test procedures are done in an open and transparent manner and are technically sound and economically justified. The DOE RFI is requesting information, recommendations and comments that would also streamline and modernize the “Process Rule” and the proposed changes are intended to substantially improve the agency’s process for setting energy efficiency standards and test procedures for residential appliances and commercial equipment, enhancing transparency, accountability, and regulatory certainty for stakeholders. We have submitted specific recommendations in the past but haven’t been successful particularly on the request that DOE be required to follow the Process Rule rather than it be considered guidance that the DOE is required to follow the requirements in the Process Rule. Since the “Process Rule “ is considered as “guidance”, that provides them with the opportunity to ignore revisions in the “Process Rule” arguing that the document is only guidance and therefore they have no mandate to follow the requirements.
Written comments and information are requested and will be accepted on or before June 2, 2025. AGA will be drafting information and proposed responses to the RFI and BECS Committee members are also requested to review the RFI and let us know any suggested improvements to the “Process Rule” by May 20.
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.