May 1 Deadline for Furnace Rule Stands

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The U.S. Court of Appeals has not accepted the furnace rule settlement that would delay implementation of new regional gas efficiency standards. As a result, the May 1, 2013 compliance date for the standards still stands. However, the court can accept the settlement at any time and PHCC is in constant contact with the original plaintiff in the lawsuit, the American Public Gas Association (APGA).

Background On January 11, 2013 the U.S. Department of Energy (DOE) proposed to settle a lawsuit brought by the American Public Gas Association (APGA) by withdrawing gas efficiency standards enacted in 2011 through a special direct final rule process and by initiating a traditional notice and comment rulemaking for new gas furnace efficiency standards.

The settlement was then filed with the U.S. Court of Appeals. The Court must accept the settlement in order for the rule to be rescinded. The rule mandates furnace stands for home furnaces installed in northern states at least 90% percent AFUE. The rule is to go into effect on May 1, 2013. More recently, the Air-conditioning, Heating, and Refrigeration Institute

(AHRI) petitioned DOE to postpone the May 1 compliance date, due to the confusion that exists. As of today – the Court has not accepted the settlement. That is not to say however, that they won't. The delay is not an indication of opposition.

Source: NJ-PHCC

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