Energy Conservation Program: Final Withdrawal of Determination of Miscellaneous Gas Products as a Covered Consumer Product

<RULE> DEPARTMENT OF ENERGY <CFR>10 CFR Part 430</CFR> <DEPDOC>[EERE-2025-BT-DET-0002]</DEPDOC> <RIN>RIN 1904-AF70</RIN> <SUBJECT>Energy Conservation Program: Final Withdrawal of Determination of Miscellaneous Gas Products as a Covered Consumer Product</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of Energy Efficiency and Renewable Energy, Department of Energy. <HD SOURCE="HED">ACTION:</HD> Final rule; withdrawal of determination. <SUM> <HD SOURCE="HED">SUMMARY:</HD> DOE is withdrawing its prior determination that miscellaneous gas products (“MGPs”), which include decorative hearths and outdoor heaters, qualify as covered products under Part A of Title III of the Energy Policy and Conservation Act, as amended (“EPCA”). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The effective date of this final rule is June 6, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The docket for this activity, which includes <E T="04">Federal Register</E> notices, comments, and other supporting documents/materials, is available for review at <E T="03">www.regulations.gov.</E> All documents in the docket are listed in the <E T="03">www.regulations.gov</E> index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. The docket web page can be found at <E T="03">www.regulations.gov/docket/EERE-2025-BT-DET-0002.</E> The docket web page contains instructions on how to access all documents, including public comments, in the docket. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. Email: <E T="03">ApplianceStandardsQuestions@ee.doe.gov.</E> Mr. Matthew Schneider, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-4798. Email: <E T="03">Matthew.Schneider@hq.doe.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. General Discussion</FP> <FP SOURCE="FP1-2">A. Authority and Background</FP> <FP SOURCE="FP1-2">B. March 2025 Proposed Withdrawal</FP> <FP SOURCE="FP1-2">C. Scope of Coverage</FP> <FP SOURCE="FP-2">II. Conclusions</FP> <FP SOURCE="FP-2">III. Procedural Issues and Regulatory Review</FP> <FP SOURCE="FP1-2">A. Review Under Executive Orders 12866 and 13563</FP> <FP SOURCE="FP1-2">B. Review Under the Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">C. Review Under the Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">D. Review Under the National Environmental Policy Act of 1969</FP> <FP SOURCE="FP1-2">E. Review Under Executive Order 13132</FP> <FP SOURCE="FP1-2">F. Review Under Executive Order 12988</FP> <FP SOURCE="FP1-2">G. Review Under the Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">H. Review Under the Treasury and General Government Appropriations Act, 1999</FP> <FP SOURCE="FP1-2">I. Review Under Executive Order 12630</FP> <FP SOURCE="FP1-2">J. Review Under the Treasury and General Government Appropriations Act, 2001</FP> <FP SOURCE="FP1-2">K. Review Under Executive Order 13211</FP> <FP SOURCE="FP1-2">L. Information Quality</FP> <FP SOURCE="FP1-2">M. Review Under Additional Executive Orders and Presidential Memoranda</FP> <FP SOURCE="FP-2">IV. Approval of the Office of the Secretary</FP> </EXTRACT> <HD SOURCE="HD1">I. General Discussion</HD> <HD SOURCE="HD2">A. Authority and Background</HD> Under the Energy Policy and Conservation Act (“EPCA”), DOE may add consumer products to the list of covered products for which energy conservation standards can be established. <E T="03">See</E> 42 U.S.C. 6292(a)(20). After coverage is determined, DOE may adopt standards and test procedures regulating such products, pursuant to the requirements set out in the statute. <E T="03">See generally,</E> 42 U.S.C. 6293, 6295. The coverage determination procedures require DOE to conclude that a type of consumer product should be a “covered product,” meaning that “(1) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this chapter,” and “(2) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year.” <E T="03">Id.</E> at 42 U.S.C. 6292(b). On February 7, 2022, DOE published a notice of proposed determination (“NOPD”) that proposed to determine coverage for MGPs, which are comprised of decorative hearths and outdoor heaters. 87 FR 6786 (“February 2022 NOPD”). After considering public comments, data, and information from interested parties submitted on the February 2022 NOPD, DOE finalized the coverage determination for MGPs. 87 FR 54330 (Sept. 6, 2022) (“September 2022 Determination”). <HD SOURCE="HD2">B. March 2025 Proposed Withdrawal</HD> On March 13, 2025, DOE published a proposed withdrawal of determination, in which DOE proposed to withdraw its determination that MGPs are covered products under EPCA for which DOE is authorized to establish test procedures and energy conservation standards, on the basis that outdoor heaters and decorative hearth products are not similar enough in function to be grouped together for the purposes of establishing a new type of covered product. 90 FR 11908 (“March 2025 Proposed Withdrawal”). This proposal included striking the definitions for “miscellaneous gas products,” “decorative hearth product,” and “outdoor heater” from the CFR, as established by the September 2022 Determination. <E T="03">Id.</E> at 90 FR 11913. DOE developed this final withdrawal of coverage after considering comments, data, and information from interested parties that provided comments on the March 2025 Proposed Withdrawal. <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s100,r40,10,r25"> <TTITLE>Table I.1—List of Commenters With Written Submissions in Response to the March 2025 Proposed Withdrawal</TTITLE> <CHED H="1">Commenter(s)</CHED> <CHED H="1">Abbreviation</CHED> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Logan Penna</ENT> <ENT>Penna</ENT> <ENT>3</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Anonymous</ENT> <ENT>Anonymous</ENT> <ENT>4</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Mark Straunch</ENT> <ENT>Straunch</ENT> <ENT>5</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Lia Claxton</ENT> <ENT>Claxton</ENT> <ENT>6</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">MacGregor</ENT> <ENT>MacGregor</ENT> <ENT>7</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Americans for Prosperity</ENT> <ENT>AFP</ENT> <ENT>8</ENT> <ENT>Advocacy Group.</ENT> </ROW> <ROW> <ENT I="01">Anonymous</ENT> <ENT>Anonymous</ENT> <ENT>9</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Tiffany Anne</ENT> <ENT>Anne</ENT> <ENT>10</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">American Gas Association, American Public Gas Association, and the National Propane Gas Association</ENT> <ENT> AGA <E T="03">et al</E> </ENT> <ENT>11</ENT> <ENT>Trade Association.</ENT> </ROW> <ROW> <ENT I="01">Northwest Energy Efficiency Alliance</ENT> <ENT>NEEA</ENT> <ENT>12</ENT> <ENT>Advocacy Group.</ENT> </ROW> <ROW> <ENT I="01">Kynleigh Williams</ENT> <ENT>Williams</ENT> <ENT>13</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Hearth, Patio & Barbecue Association</ENT> <ENT>HPBA</ENT> <ENT>14</ENT> <ENT>Trade Association.</ENT> </ROW> <ROW> <ENT I="01">Keke Dawson</ENT> <ENT>Dawson</ENT> <ENT>15</ENT> <ENT>Individual.</ENT> </ROW> <ROW> <ENT I="01">Appliance Standards Awareness Project and Earthjustice</ENT> <ENT>ASAP and Earthjustice</ENT> <ENT>16</ENT> <ENT>Advocacy Group.</ENT> </ROW> </GPOTABLE> A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>  The parenthetical reference provides a reference for information located in the docket. (Docket No. EERE-2024-BT-DET-0012-0001, which is maintained at <E T="03">www.regulations.gov</E> ). The references are arranged as follows: (commenter name, comment docket ID number, page of that document). </FTNT> In response to the March 2025 proposed withdrawal, DOE received four general comments from individuals in support of withdrawing the coverage determination for MGPs. (Anonymous, No. 4, p. 1; Straunch, No. 5, p. 1; MacGregor, No. 7, p. 1; Williams, No. 13, pp. 3-4) AFP commented that it supports the withdrawal of coverage for MGPs and supported the rationale that the products are not similar enough in function to be grouped together for purposes of establishing a new type of covered product. (AFP, No. 8 at p. 3). AGA, APGA, and the NPGA submitted a joint comment stating their support for the withdrawal of coverage of miscellaneous gas products as covered products under EPCA. (AGA <E T="03">et al.,</E> No. 11, pp. 2-3) Similarly, HPBA commented in support of the withdrawal of the coverage determination. HPBA further stated that establishing coverage for MGPs is neither “necessary” nor “appropriate” within the meaning of 42 U.S.C. 6292(b)(1)(A), as is required by EPCA in order to establish coverage. (HPBA, No. 14, p. 2) In their joint comments, AGA <E T="03">et al.</E> also contends that there is no reasonable potential that efficiency standards for these products would provide significant energy savings or be economically justified and further states their support for the comment submitted by HPBA. (AGA, No. 11, p. 2-3) ASAP and Earthjustice submitted a joint comment, in which they ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 36k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━