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