Commercial Cast Iron Boilers Available After DOE Standard Reversal

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Commercial Cast Iron Boilers Available After DOE Standard Reversal

Recent U.S. Department of Energy (DOE) efficiency declarations were overturned, once again allowing the production and sale of Burnham Commercial boiler models with inputs of 300 MBH and above, specifically the V9A, V11H and MPC models.

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Mad Dog_2

Whew...Great News...been waiting a long time for some boilers.  Mad Dog 🐕 

WMno57

The Rule of Law - 1
Unelected Bureaucrats - 0

I can't wait for the Supremes to make their ruling on the Chevron Doctrine next year.

WMno57

https://www.federalregister.gov/documents/2023/09/19/2023-19908/energy-conservation-program-energy-conservation-standards-for-commercial-packaged-boilers

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, requires DOE to, among other things, periodically consider whether amended energy conservation standards for commercial packaged boilers are warranted. On January 10, 2020, DOE published a final rule, 85 FR 1592 (January 10, 2020; “January 2020 Final Rule”), amending energy conservation standards for commercial packaged boilers (“CPB”). A commercial packaged boiler is a packaged boiler that meets all of the following requirements: (1) has rated input of 300,000 Btu/h or greater; (2) is to any significant extent, distributed in commerce for space conditioning and/or service water heating in buildings but does not meet the definition of “hot water supply boiler”; (3) does not meet the definition of “field-constructed”; and (4) is designed to operate a steam pressure at or below 15 psig; operate at or below a water pressure of 160 psig and water temperature of 250 °F, or operate at a steam pressure at or below 15 psig and at or below a water pressure of 160 psig and water temperature of 250 °F. 10 CFR 431.82.

The American Public Gas Association (“APGA”), Air-Conditioning, Heating and Refrigeration Institute (“AHRI”), and Spire Inc. filed petitions for review of DOE's January 2020 Final Rule in the United States Courts of Appeals for the D.C. Circuit, Fourth Circuit, and Eight Circuit, respectively.

American Public Gas Association
v.
DOE,

22 F.4th 1018 (D.C. Cir. 2022). The Petition was consolidated in the D.C. Circuit. In a January 18, 2022, opinion, the D.C. Circuit determined that DOE failed to provide meaningful responses to comments with respect to three distinct issues related to modeling used during the rulemaking proceeding: (1) the random assignment of boiler efficiencies to buildings; (2) forecasted fuel prices; and (3) estimated burner operating hours. As such, the court concluded DOE failed to adequately explain why the January 2020 Final Rule satisfies the applicable clear and convincing evidence standard and remanded, but did not vacate, the January 2020 Final Rule to DOE to cure the failures to explain.

On remand, DOE published a supplemental response to comments providing additional explanation regarding these three issues. 87 FR 23421 (April 20, 2022). APGA, AHRI, and Spire Inc. filed separate petitions for review of the supplemental response to comments, which were consolidated in the D.C. Circuit. The D.C. Circuit issued an opinion on July 7, 2023, granting the petition for review and vacating the energy conservation standards for CPBs established in the January 2020 Final Rule, and remanding the proceedings to DOE. (See 10 CFR 431.87)

This final rule is not subject to the requirement to provide prior notice and an opportunity for public comment pursuant to 5 U.S.C. 553(b)(B). DOE finds good cause to waive the requirement to provide prior notice and an opportunity for public comment as such procedure is unnecessary. DOE must comply with the order of a Federal court, and has no discretion to do otherwise. In implementation of that order, DOE is vacating the current energy conservation standards for commercial packaged boilers. Comments suggesting any other course would serve no useful purpose.

Steamhead

WMno57 said:

The Rule of Law - 1
Unelected Bureaucrats - 0......

Energy Codes have their place. I remember as a kid watching houses being built- with no insulation whatsoever, single-pane windows, incandescent lighting etc. Of course, fuel was cheap in those days. The energy shocks of the 1970s changed all that. Yes, I really am that old.

The economic equation is still valid- build cheap and sell for as much as you can get. Builders wouldn't install any energy-conserving construction features unless they were required, since they add to the cost of the building.

In the long run, with energy costs being what they are, it's cheaper in the long run to build efficient buildings.