DOE has published a Federal Register notice pertaining to energy conservation standards for commercial packaged boilers (CPBs). The Energy Policy and Conservation Act (EPCA), DOE to, among other things, periodically consider whether amended standards for CPBs are warranted. On January 10, 2020, DOE complied with this requirement by publishing a final rule in the Federal Register that established amended standards for CPBs. The American Public Gas Association (APGA), Air-conditioning, Heating, and Refrigeration Institute (AHRI), 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 Eighth Circuit, respectively. These petitions were consolidated in the D.C. Circuit. In accordance with the D.C. Circuit’s opinion, on January 18, 2022, DOE published a supplemental response to comments on April 20, 2022. In response, APGA, AHRI, and Spire Inc. filed separate petitions for review of the final rule as supplemented. These petitions were consolidated in the D.C. Circuit. The D.C. Circuit issued its opinion on July 7, 2023, granting the petitions for review, vacating the final rule as supplemented, and remanding the proceedings to DOE. Consistent with the judgment, DOE is amending the CFR to reflect the court’s order vacating the standards for CPB.

• This action is effective on September 19, 2023. However, the opinion had legal effect on August 28, 2023.

For the latest information on the planned timing of future DOE regulatory milestones, see the current Office of Management and Budget Unified Agenda of Regulatory and Deregulatory Actions. All planned dates are preliminary and subject to change.

Commercial packaged boilers manufactured and distributed in commerce, as defined under 42 U.S.C. 6291 (10) and(16), must meet the energy conservation standards specified in the Code of Federal Regulations at 10 CFR 431.87.

To determine that commercial packaged boilers that are currently manufactured or distributed into commerce are in compliance with DOE standards, manufacturers must follow the test procedure methods specified at 10 CFR 431.86.