1904-AD34 202110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1904 Energy Efficiency and Renewable Energy EE 1900 Department of Energy DOE Energy Conservation Standards for Commercial Water Heating-Equipment

Once completed, this rulemaking will fulfill the U.S. Department of Energy’s (DOE) statutory obligation under the Energy Policy and Conservation Act, as amended, (EPCA) to either propose amended energy conservation standards for commercial water heaters and hot water supply boilers, or determine that the existing standards do not need to be amended. (Unfired hot water storage tanks and commercial heat pump water heaters are being considered in a separate rulemaking.) DOE must determine whether national standards more stringent than those that are currently in place would result in a significant additional amount of energy savings and whether such amended national standards would be technologically feasible and economically justified.

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Private Sector 10 CFR 429 10 CFR 431 42 U.S.C. 6313(a)(6)(C)(i) and (vi) Statutory Other Subject to 6-year-look-back in 42 U.S.C. 6313(a)(6)(C) Yes

DOE is required under 42 U.S.C. 6313(a)(6)(C) to consider the need for amended performance-based energy conservation standards for commercial water heaters.  This rulemaking is being conducted to satisfy that requirement by evaluating potential standards related to certain classes of commercial water heating equipment.

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This rulemaking is being conducted under DOE’s authority pursuant to 42 U.S.C. 6311, which establishes the agency’s legal authority over water heaters as one type of covered equipment that DOE may regulate, and 42 U.S.C. 6313(a)(6)(C), which requires DOE to conduct a rulemaking to consider the need for amended performance-based energy conservation standards for this equipment.

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Under EPCA, DOE shall either establish an amended uniform national standard for this equipment at the minimum level specified in the amended ASHRAE/IES Standard 90.1, unless the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for this equipment would result in significant additional conservation of energy and is technologically feasible and economically justified (42 U.S.C. 6313(a)(6)(A)-(C)).

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DOE preliminarily determined that the anticipated benefits to the Nation of the proposed energy conservation standards for the subject commercial water heating equipment would outweigh the burdens DOE estimates that potential amended energy conservation standards for commercial water heaters may result in energy savings for combined natural gas and electricity of 1.8 quads over 30 years and the net benefit to the Nation of between $2.26 billion and $6.75 billion.

]]> Request for Information (RFI) 10/21/2014 79 FR 62899 RFI Comment Period End 11/20/2014 NPRM 05/31/2016 81 FR 34440 NPRM Comment Period End 08/01/2016 NPRM Comment Period Reopened 08/05/2016 81 FR 51812 NPRM Comment Period Reopened End 08/30/2016 Notice of Data Availability (NODA) 12/23/2016 81 FR 94234 NODA Comment Period End 01/09/2017 Notice of NPRM Withdrawal 01/15/2021 86 FR 3873 NPRM 04/00/2022 Yes Businesses None No www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/51 www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0042 Yes No 1904-AE39 Related to Julia Hegarty 1900 Department of Energy DOE 240 597-6737 julia.hegarty@ee.doe.gov 1000 Independence Avenue SW, Washington DC 20585