DOE Issues a Minimum Efficiency Standard Final Rule for Consumer (Residential) Gas Furnaces at 95% AFUE, Requiring Condensing Technology.

Today, DOE issued a pre-publication Federal Register notice for a 95% AFUE  minimum efficiency requirement for consumer (residential) gas furnaces. The Energy Policy and Conservation Act (EPCA) requires DOE to determine periodically whether more stringent standards would be technologically feasible and economically justified and would result in significant energy savings. In this final rule, DOE is adopting amended standards for consumer furnaces, specifically non-weatherized gas furnaces and mobile home gas furnaces at a minimum efficiency level of 95% AFUE requiring condensing technology and eliminating the manufacturing of non-condensing furnaces after the effective date that will be 5 years after the final rule is published in the Federal Register.  DOE notes that they have “ determined that the amended standards for the subject products would result in significant conservation of energy and are technologically feasible and economically justified. The text of this rule is subject to correction based on the identification of errors as defined in 10 CFR 430.5 before publication in the Federal Register. Readers are requested to notify DOE by email at [email protected] of any typographical or other errors, as described in such regulations, by no later than midnight on November 13, 2023, in order that DOE may make any necessary corrections in the regulatory text submitted to the Office of the Federal Register for publication. The effective date of this rule is 60 days after the notice has been published in the Federal Register. DOE will send a follow-up e-mail once the notice publishes to announce the effective date. Compliance with the amended standards established for the subject consumer furnaces in this final rule is required on and after 5 years after the notice has been published in the Federal Register. DOE will send a follow-up e-mail once the notice publishes to announce the effective date.” Since this is a final rule, options to obtain modifications to these minimum efficiency requirements will need to be considered outside the DOE normal regulatory process. For your ready reference, AGA’s October 6, 2022 comments filled in response to the DOE Notice of Proposed Rule  (NOPR) on consumer furnaces are attached.  

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

On Tuesday, 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) water heaters. Back on July 28th, we reported that the DOE published a Federal Register NOPR that set a September 26, 2023 deadline for comments, data, and information regarding this NOPR. The joint comments provided serious concerns with the technical analysis and economic justification on the proposed minimum efficiency requirements for gas storage and instantaneous water heaters included in the proposed rule with a major concern for the DOE proposed requirement for gas instantaneous water heaters that would require condensing technology for compliance. 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.

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.