The Air Conditioning Contractors of America (ACCA), the nation’s largest organization of indoor environment and energy services contracting businesses recently filed comments to the Department of Energy (DOE) rulemaking on Energy Conservation Standards for Residential Furnaces and Residential Central Air Conditioners and Heat Pumps.
In June, the DOE published a Direct Final Rule in the Federal Register proposing elevated and regional energy conservation standards for residential furnaces, central air conditioners, and heat pumps. If the DOE receives comments it determines to be adverse to the Direct Final Rule, it may withdraw the Direct Final Rule and extend the rulemaking period through a Notice of Proposed Rulemaking.
In its comments, ACCA recommended that the DOE withdraw the Direct Final Rule and revert to the Notice of Proposed Rulemaking. The primary elements of the Direct Final Rule are based on a “Consensus Agreement” drafted by HVAC equipment manufacturers and energy efficiency advocates jointly submitted under the Direct Final Rule process that sidesteps the normal notice and comment process.
ACCA contends that the Consensus Agreement represents the view of a minority of stakeholders and is an unsuitable use of the Direct Final Rule process. ACCA has previously opposed regional standards, because they would be nearly impossible to enforce. The Direct Final Rule also imposes an unprecedented regional standards scheme with insufficient consideration of the enforcement plan, while overlooking the rise in the sale of equipment across regional barriers through internet sales. It directly and adversely impacts contractors who were not included in the Consensus Agreement.
ACCA urged the DOE to withdraw the Direct Final Rule, because it justifies condensing furnaces in the Northern region based on incomplete or inaccurate assumptions on the costs and installation issues when replacing non-condensing furnaces with condensing furnaces.
“This Direct Final Rule creates regional standards without fully considering a regional standards enforcement plan or what the penalties would be on contractors,” say Paul T. Stalknecht, ACCA president & CEO. “Furthermore, the DOE has not done its due diligence on the installation cost increases that arise with condensing furnaces. The DOE's economic analysis underestimated the frequency of installation issues due to accommodating for venting and condensate disposal issues. Homeowners will either repair old inefficient equipment because they cannot afford a condensing furnace, or will seek out an unscrupulous installer who will perform an illegal installation.”
If the DOE receives substantial adverse comments, it will withdraw the Direct Final Rule. Otherwise, the Direct Final Rule is effective on October 25, 2011.
Under the Direct Final Rule, non-weatherized residential furnaces installed on or after May 1, 2013, in the Northern Region must be at least 90% AFUE. The Northern Region is comprised of the following states: Alaska, Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. In all other states, the minimum AFUE standard for a non-weatherized gas furnace would be 80% AFUE.
For split system central air conditioners, the Direct Final Rule creates three regional standards, one for the Southeastern Region, one for the Southwestern Region, and one for the Northern Region.
Starting January 1, 2015, split system central air conditioners installed in the Southeastern Region must be at least 14 SEER. The Southeastern Region includes: Alabama, Arkansas, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.
Starting January 1, 2015, split system central air conditioners installed in the Southwestern Region must be a minimum 14 SEER and 12.2 EER. The Southeastern Region contains the states of Arizona, California, Nevada, and New Mexico.
Starting January 1, 2015, split system central air conditioners installed in all other states must meet 13 SEER, which is the current national minimum.
There will be no regional standards for split system heat pumps, but starting January 1, 2015, the new minimum efficiency standard for split system heat pumps is 14 SEER and 8.2 HSPF.