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DOE/EE RIN: 1904-AD32 Publication ID: Fall 2014 
Title: ●Energy Conservation Standards for Residential Furnaces and Direct Heating Equipment 
Abstract:

Legal challenges have been brought against DOE in response to its recent final rules to amend the energy conservation standards for certain residential furnaces and residential direct heating equipment. The challenge to the residential furnaces rulemaking resulted in a settlement, and the challenge to the residential direct heating equipment rulemaking resulted in a court opinion. In each case, the relevant standards were vacated (either affirmatively or constructively), and the matter was remanded to DOE for further rulemaking. Consequently, on July 29, 2014, DOE published a final rule technical amendment in the Federal Register that amended the relevant portions of its regulations to reflect orders issued by the U.S. Court of Appeals for the District of Columbia Circuit in response to these lawsuits. Specifically, in this final rule technical amendment, DOE amended its regulations to reflect the Court's order vacating the amended energy conservation standards for non-weatherized gas furnaces (including mobile home furnaces), which were adopted in the June 27, 2011, direct final rule for residential furnaces and residential central air conditioners and heat pumps. DOE has subsequently undertaken an energy conservation standards rulemaking for residential furnaces pursuant to terms of a March 2014 settlement agreement. Accordingly, DOE has agreed to issue a notice of proposed rulemaking within one year of issuance of the April 24, 2014 remand, including at least a ninety-day public comment period. DOE has also agreed to issue a final rule either within two years of the issuance of the remand or within one year of the issuance of the proposed rule. In the final rule technical amendment, DOE also amended the relevant portions of its regulations to reflect the Court's decision to vacate the regulatory definition of "vented hearth heater" (and by implication, the associated energy conservation standards), which were developed in the April 16, 2010, and November 18, 2011, final rules for residential direct heating equipment. Consequently, the standards established by the April 2010 final rule for vented gas hearth direct heating equipment will not go into effect, with the result being that there are no energy conservation standards for these products at this time. DOE has subsequently initiated a coverage determination as part of a separate rulemaking for hearth products.

 
Agency: Department of Energy(DOE)  Priority: Info./Admin./Other 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 430   
Legal Authority: 42 USC 6295(o)(2)(A)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action; Technical Amendment  07/29/2014  79 FR 43927   
Final Action; Technical Amendment Effective  07/29/2014 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1904-AD14, Related to 1904-AD34 
Agency Contact:
Ashley Armstrong
Director Regulatory Buildings, EE-5B
Department of Energy
Energy Efficiency and Renewable Energy
Building Technologies Office, 1000 Independence Avenue SW,
Washington, DC 20585
Phone:202 586-6590
Email: ashley.armstrong@ee.doe.gov