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CPSC RIN: 3041-AD70 Publication ID: Fall 2024 
Title: Safety Standard for Residential Gas Furnaces and Boilers 
Abstract:

Over several years, staff has conducted research and worked with voluntary standards organizations concerning the risk of injury and death associated with carbon monoxide (CO) production and leakage from residential gas furnaces and boilers. This proposed rule would establish a performance requirement, under which gas furnaces or boilers would be required to shut off or modulate when CO levels reach a specified level for a specified duration of time. In 2019, the Commission issued an advance notice of proposed rulemaking (ANPRM) to initiate rulemaking under the Consumer Product Safety Act (CPSA) and requested comments on the risk of injury and alternative approaches to address the risk. On September 24, 2021, the Commission voted to change the fiscal year 2022 deliverable from a notice of proposed rulemaking (NPRM) to Data Analysis and/or Technical Review (DA/TR). On February 9, 2022, staff provided a summary and status update in a public briefing to the Commission. On September 25, 2023, staff sent an NPRM briefing package to the Commission. On October 11, 2023, the Commission approved publication of the NPRM in the Federal Register.  On February 21, 2024, the Commission provided an opportunity for interested parties to make oral presentations on the NPRM. The hybrid hearing was held in person at CPSC's headquarters and remotely via webinar. Staff is redacting data for release to support a Notice of Availability (NOA).

 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 15 U.S.C. 2056    15 U.S.C. 2058   
Legal Deadline:  None

Statement of Need:

From 2017 to 2019, there were annually an estimated 21 CO-related deaths associated with gas furnaces and boilers. For the 20-year period, 2000 through 2019, gas furnaces and boilers were associated with a total of 532 deaths from CO poisoning. Staff estimated 30,587 nonfatal injuries from CO leakages from gas furnace and boilers from 2014 to 2018.

Summary of the Legal Basis:

This notice of proposed rulemaking is authorized by the CPSA. 15 U.S.C. 2051-2084. Section 7(a) of the CPSA authorizes the Commission to promulgate a mandatory consumer product safety standard that sets forth performance or labeling requirements for a consumer product if such requirements are reasonably necessary to prevent or reduce an unreasonable risk of injury. 15 U.S.C. 2056(a). Section 9 of the CPSA specifies the procedure that the Commission must follow to issue a consumer product safety standard under section 7 of the CPSA.

Alternatives:

The Commission could: (1) continue to work and advocate for change through the voluntary standards process; (2) rely on the use of residential CO alarms; (3) continue to conduct education and information campaigns; or (4) take no action.

Anticipated Costs and Benefits:

The proposed rule is estimated to avert 576 deaths (19.20 deaths per year) and 126,387 injuries (roughly 5,357 injuries per year) over 30 years. Overall, the draft proposed rule has total annualized benefits of $356.52 million, discounted at 3 percent, and for every $1 in direct cost to consumers and manufacturers, the draft proposed rule generates $0.59 in benefits from mitigated deaths and injuries.

Risks:

For the 20-year period, 2000 through 2019, these products were associated with a total of 539 CO deaths.

Timetable:
Action Date FR Cite
Staff Sent ANPRM Briefing Package to Commission  07/31/2019 
Commission Voted to Publish ANPRM  08/07/2019 
ANPRM Published in FR  08/19/2019  84 FR 42847   
ANPRM Comment Period End  10/18/2019 
Staff Sent FR Notice to Commission to Reopen Comment Period  10/23/2019 
Commission Voted to Reopen Comment Period  11/01/2019 
Notice to Reopen Comment Period Published in FR  11/07/2019  84 FR 60010   
ANPRM Comment Period End  01/06/2020 
Commission Vote to Change Deliverable from NPRM to DA/TR  09/24/2021 
Public Briefing to Commission  02/09/2022 
Staff Sends NPRM Briefing Package to Commission  09/25/2023 
Commission Decision to publish NPRM  11/11/2023 
NPRM Published in FR  11/25/2023  88 FR 85862   
NPRM Comment Period Extended  12/11/2023  88 FR 85862   
NPRM Comment Period End  01/25/2024 
Oral Comment Presentation  02/21/2024  89 FR 8583   
Staff Sends NOA Regarding Data to the Commission  04/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Ronald Jordan
Project Manager, Directorate for Engineering Sciences
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2219
Email: rjordan@cpsc.gov