Energy Conservation Program: Energy Conservation Standards for Commercial Packaged Boilers; Response to United States Court of Appeals for the District of Columbia Circuit Remand in American Public Gas Association v. United States Department of Energy

On January 10, 2020, a final rule amending energy conservation standards for commercial packaged boilers was published in the Federal Register. The American Public Gas Association, Air-conditioning, Heating, and Refrigeration Institute, and Spire Inc. filed petitions for review of the final rule in the United States Courts of Appeals for the District of Columbia Circuit (“D.C. Circuit”), Fourth Circuit, and Eight Circuit, respectively. These petitions were consolidated in the D.C. Circuit. In its January 18, 2022, opinion, the D.C. Circuit remanded the final rule to the Department of Energy (“DOE”) to supplement its responses to the following three issues raised during the public comment period: The random assignment of boilers to buildings, forecasted fuel prices, and estimated burner operating hours. This document provides additional explanation regarding these three issues.