States Oppose Efficiency Break for Non-condensing Products

State officials say non-condensing technology is a 'feature' not covered under efficiency standards.

March 26, 2021

Plumbing, Heating Cooling Contractors reported today that officials from 11 states, plus the City of New York and Washington, D.C. are pushing back against the Department of Energy over recent final actions.

The states are New York, California, Illinois, Maine, Minnesota, Nevada, New Mexico, Oregon, Vermont, Washington, the Commonwealth of Massachusetts.

These officials have petitioned the U.S. Court of Appeals for the Second Circuit for review of two related final actions taken by the Department of Energy (DOE) titled “Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters; Withdrawal, and "Energy Conservation

They are opposing the final DOE rule that determined use of non-condensing technology in gas-fired residential furnaces and commercial water heaters as a performance-related "feature" under the Energy Policy and Conservation Act, thus allowing it to avoid adopting energy efficiency standards.

Petitioners want the Court to determine the rules are unlawful and must be vacated.

PHCC has long supported the use of non-condensing products as a solution to challenging venting installations where costs of alternate vent methods would be burdensome to consumers.