Regulatory Submissions

On January 17, APGA joined a coalition of attorneys general (AGs), trade associations, and a manufacturer in challenging the U.S. Department of Energy's (DOE) final rule pertaining to gas-fired instantaneous water heater (GIWH) efficiency standards in the U.S. Court of Appeals for the 11th Circuit.

Recall that the final rule for GIWHs was issued on December 26, 2024.  The final rule creates a de facto ban of an important, cost-effective and efficient class of consumer water heaters:  non-condensing gas-fired instantaneous (i.e., tankless) water heaters.  APGA, as it has argued through its comments on the proposals leading to this final rule, believes that this rule is not economically justified and limits consumer choice, similar to DOE's flawed rulemaking pertaining to the Furnace Rule and other efficiency standards that APGA is also challenging in court.

In addition to APGA, joint petitioners include 21 state AGs, the American Gas Association, National Propane Gas Association, National Association of Home Builders, Natural Gas Association of Georgia, Florida Natural Gas Association, and Florida Propane Gas Association, as well as Rinnai America Corp., which is a manufacturer directly impacted by the rule.

The rule is also the subject of a Congressional Review Act (CRA) resolution in the House, with a similar resolution anticipated to be released in the Senate in the coming days.  If the CRA resolutions are passed, the rule will be revoked and the lawsuit will become moot.  If the resolutions fail, a briefing schedule for the case is likely to be set for the spring, with oral arguments anticipated to follow in the fall.

View a copy of the press statement APGA issued here.