The Working Group Restarts the Negotiated Rulemaking Process
July 17, 2014
The U.S. Department of Energy (DOE) intends to establish a rulemaking working group under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) to negotiate proposed regional energy efficiency standards. Two HVAC professionals have been announced as participants in this group.
While a previous court document identified March 3 as the last day for the expected filing of a settlement in the ongoing regional standards lawsuit, it appears the judicial system may need a few extra days.
The court granted an emergency motion filed by the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) to stay the standards which would’ve required residential nonweatherized natural gas furnaces installed in 30 Northern states to have an AFUE rating of at least 90 percent.
In the ongoing regional standards lawsuit, the American Public Gas Association (APGA) has filed a motion with the U.S. Court of Appeals for the D.C. Circuit asking that it reconsider its May 1 order, which stayed enforcement of the regional furnace standards rule, but also asked the parties to re-brief all of the main issues.
The U.S. Court of Appeals for the D.C. Circuit ruled favorably today on an emergency motion filed by the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) requesting a stay of the May 1, 2013, compliance date for the implementation of regional furnace standards.
The Federal Trade Commission (FTC) has issued a statement noting that, pending resolution of the ongoing regional efficiency standards litigation, it will not enforce its new rules regarding EnergyGuide labels for residential gas furnaces.
A rule requiring all nonweatherized gas furnaces in the northern region adhere to a minimum 90 percent AFUE standard beginning May 1 will not be immediately enforced. The U.S. Department of Energy (DOE) declared that enforcement of the rule will not be pursued until the U.S. Court of Appeals rules on a pending lawsuit settlement agreement.
The U.S. Department of Energy (DOE) has today issued an enforcement policy statement regarding non-weatherized gas furnace standards while the regional standards lawsuit is still pending, indicating that DOE will not enforce the standards.