On December 29, the Department of Energy (DOE) published its final interpretive rule, reversing a January 2021 interpretation that acknowledged the important differences between condensing and non-condensing gas-fired technology. APGA had supported the January 2021 interpretation and submitted comments opposing this recent reversal.
The previous administration finalized an interpretive rule, which determined that condensing and non-condensing technologies were considered protected features under relevant federal law. Under that interpretation, no minimum efficiency standard promulgated by DOE could eliminate either technology, meaning that DOE would have to establish separate product classes to ensure that condensing and non-condensing technologies could remain on the market.
Now that DOE has reversed this interpretation, DOE could potentially promulgate an energy conservation standard that bans non-condensing appliances from the market, making it extremely costly or impossible for many Americans to replace existing appliances, which could lead to fuel-switching. Proposed rules for water heaters and residential furnaces, which will likely incorporate this unfavorable interpretation, are anticipated later this year.
A copy of APGA’s press statement in response to the final interpretive rule is available
here.
For questions regarding this article, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at
rlani@apga.org.