View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOE/EE RIN: 1904-AD34 Publication ID: Fall 2021 
Title: 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.

Agency: Department of Energy(DOE)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
CFR Citation: 10 CFR 429    10 CFR 431   
Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi)   
Legal Deadline:
Action Source Description Date
Other  Statutory  Subject to 6-year-look-back in 42 U.S.C. 6313(a)(6)(C)   

Statement of Need:

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.

Summary of the Legal Basis:

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.


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)).

Anticipated Costs and Benefits:

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.

Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:!docketDetail;D=EERE-2014-BT-STD-0042  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1904-AE39 
Agency Contact:
Julia Hegarty
Department of Energy
1000 Independence Avenue SW,
Washington, DC 20585
Phone:240 597-6737