Department of Energy December 29, 2021 – Federal Register Recent Federal Regulation Documents

On August 27, 2021, the U.S. Department of Energy (DOE or Department) published in the Federal Register for public comment a proposed interpretive rule to reinstate a long-standing interpretation under which, in the context of residential furnaces, commercial water heaters, and similarly-situated products or equipment, the heat exchanger technology (and associated venting) used to supply heated air or hot water is not a performance-related ``feature'' that provides a distinct consumer utility under the Energy Policy and Conservation Act, as amended (EPCA). The August 27, 2021 proposed interpretive rule set forth the basis and rationale for this final interpretive rule, in which DOE responds to public comments and ultimately reinstates its long-standing interpretation as proposed.