Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters; Withdrawal

In response to a petition for rulemaking submitted on October 18, 2018 (Gas Industry Petition), the Department of Energy (DOE or the Department) has published elsewhere in this issue of the Federal Register a final interpretive rule determining that, in the context of residential furnaces, commercial water heaters, and similarly-situated products/equipment, use of non-condensing technology (and associated venting) constitute a performance-related “feature” under the Energy Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of an energy conservation standard. Relatedly, DOE published in the Federal Register a notice of proposed rulemaking for residential furnaces on March 12, 2015, a notice of proposed rulemaking for commercial water heaters on May 31, 2016, and a supplemental notice of proposed rulemaking for residential furnaces on September 23, 2016. In light of the final interpretive rule, DOE hereby withdraws these proposed rules.