Energy Conservation Program: Commercial Warm Air Furnaces; Final Determination

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"). On August 1, 2023, 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. 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 not enforce the TE2 test procedure unless and until the Department determines that the TE2 test procedure is consistent with the amended industry test procedure, or determines, supported by clear and convincing evidence, that the amended industry test procedure fails to satisfy the statutory requirements. This document provides DOE's determination that the amended industry test procedure fails to satisfy EPCA's statutory requirements.