Energy Conservation Program: Commercial Warm Air Furnaces; Notification of Tentative Determination and Request for Comment
other · US Department of Energy · Published 2024-12-26 · 89 FR 104859
Document
Document number
2024-30274
Federal Register citation
89 FR 104859
CFR reference
10 CFR 431
Type
Rule
Action
Notification of tentative determination and request for comment.
Category
other
Sub-agency
US Department of Energy
Publication date
2024-12-26
Energy docket
EERE-2024-BT-DET-0012
Abstract
On June 2, 2023, the U.S. Department of Energy ("DOE" or the "Department") published a test procedure final rule which established test procedures for commercial warm air furnaces ("CWAFs"). The Air- Conditioning, Heating, and Refrigeration Institute ("AHRI") filed a petition for review of the final rule in the United States Court of Appeals for the Fourth Circuit on August 1, 2023. In a February 6, 2024, order, the Fourth Circuit granted a voluntary remand of the final rule to the Department of Energy ("DOE") to determine whether establishment of the test procedure for the thermal efficiency two ("TE2") metric is supported by the specific provisions applicable to CWAFs under the Energy Policy and Conservation Act ("EPCA"). More specifically, DOE agreed in this voluntary remand to only establish the TE2 test procedure if the Department makes a determination that the TE2 test procedure is consistent with the amended industry test procedure, or a determination, supported by clear and convincing evidence, that the amended industry test procedure fails to satisfy the statutory requirements. This document provides DOE's tentative determination that the amended industry test procedure fails to satisfy EPCA's statutory requirements and requests comment on this topic.