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HPBA Victorious in DOE Challenge

HPBA Victorious in DOE Challenge

HPBA Victorious in DOE Challenge

On Friday, February 8th, the Hearth, Patio & Barbecue Association (HPBA) scored a major victory for the vented gas hearth product industry.   The U.S. Court of Appeals for the D.C. Circuit sided with HPBA on its challenge of two Final Rules issued by the Department of Energy (DOE) on heating efficiency.  The court struck down a regulatory definition of “vented hearth heater” from the regulations.

The decision means that the regulatory requirements imposed by the two DOE Final Rules affecting vented gas fireplaces, inserts, and gas log sets (75 Fed. Reg. 20112 and 76 Fed. Reg. 71836), are no longer in effect.  Specifically, the heating efficiency standards that would have taken effect on heater-rated products manufactured on or after April 16, 2013, have been vacated.  Similarly, the “exclusion criteria” that would have been required for decorative vented gas fireplaces manufactured on or after that date no longer apply.

While the court’s opinion stands as a substantial victory for the industry, there remains a possibility that, in the wake of the decision, DOE may appeal the decision or respond quickly with a new regulation.  DOE is also expected, in the longer term, to propose a new regulation at least addressing vented heater-rated fireplaces and stoves.  HPBA is in the process of fully reviewing and analyzing the court’s decision and will provide a more detailed analysis as soon as possible.

 

The full text of the court's decision is available here.

If you have any questions, please contact Ryan Carroll at carroll@hpba.org.

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