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Earlier this week, the Department of Energy (DOE) released a pre-publication draft of its intention to revoke the final interpretive rule that granted separate product classes for condensing and non-condensing technology.

In January of this year, the outgoing administration finalized an interpretive rule that determined that condensing and non-condensing technologies were considered protected features under the relevant federal law. Accordingly, no minimum efficiency standard promulgated by DOE could eliminate either technology, meaning that the agency would have to establish separate product classes to ensure that condensing and non-condensing technologies could remain on the market.

A comment deadline will not be set until the formal notice is published in the Federal Register; however, APGA does intend to engage in this rulemaking. A copy of the pre-publication notice is available online here.

For questions on this article, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at rlani@apga.org.