Deadline Passes for DOE Filing Period
WASHINGTON, D.C.
The Hearth, Patio & Barbecue Association (HPBA) and the Liquid Propane Gas Association recently won their joint court challenge against the Department of Energy's (DOE) regulatory attack on gas hearth appliances. However, according to the HPBA, although a significant battle was won, the war is far from over.
The U. S. Court of Appeals for the District of Columbia Circuit held that the DOE can't regulate products as "direct heating equipment," can't regulate products it lacks the authority to directly regulate, and can't ban standing pilots. This ruling effectively removed all hearth gas appliances from the DOE's current rule - until the DOE adopts a new final rule.
"The DOE botched this effort so bad that the court said they would have to start over," said Ryan Carroll, HPBA's manager of Government Affairs. "The court's decision was better than we had hoped for."
The Department of Energy (DOE) had a March 25 deadline to file a request that the court reconsider the ruling, but it did not file. So the court's ruling is effective April 1 (ironically, April Fool's Day).
"This looks like it puts an end to the court case," says Rich Ali, HPBA's director of Government Affairs. "We'll have to see what the next steps will be, but the DOE will probably go to rule-making again."
Barton Day, HPBA's outside lobbyist, says, "There was not a high probability of success for reconsideration since the court discourages reconsideration. The DOE is likely to proceed with rulemaking on fireplace heaters to (make them comply with) existing heater efficiency standards. And it may seek to regulate decorative products as a new species of 'covered products.'" Day says it will take the DOE at least four months to issue a new proposed rule, most likely followed by a public comment period.
