The Clifford H. "Ted" Rees, Jr. Scholarship Foundation, a 501(c)(3) charitable foundation of AHRI, recently announced scholarship awards totaling $75,000 to 36 students, including two military veterans, studying to become technicians in the HVACR and water heating industry.

The Foundation was established to assist with the recruitment and competency of future HVACR and water heating technicians by awarding scholarships to qualified students enrolled in an institutionally accredited school. Eligible students must be preparing for a career in either residential or light commercial air conditioning, heating, or water heating; or commercial refrigeration. Read more here. Contact: Mike Golden.

On January 18, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of AHRI, American Public Gas Association (APGA), and Spire, Inc. in our appeal of the Department of Energy’s (DOE) Commercial Package Boiler Final Rule. The Court found that DOE failed to adequately explain how the final rule met the clear and convincing evidentiary standard.

In January 2020, DOE published a final rule that set efficiency standards for commercial package boilers more stringent than those in ASHRAE Standard 90.1. AHRI, APGA, and Spire filed a petition for review of the final rule, claiming that DOE failed to use the clear and convincing evidentiary standard when it issued standards more stringent than ASHRAE.

In the decision, the Court held that DOE's conclusion that the rule was supported by clear and convincing evidence was arbitrary and capricious; specifically, that the agency failed to fix or adequately address multiple problems with its economic justification for the rule that were raised on the record. The Court found that DOE failed to address problems with (1) DOE’s random assignment of boilers to buildings in the Department's cost model; (2) the use of predicted average energy prices to estimate fuel costs; and (3) flawed DOE assumptions about burner operating hours identified by AHRI's expert. The Court did find that DOE's reliance on listing data as a proxy for shipment data was reasonable.

Initially, AHRI, APGA, and Spire asked the Court to remand and vacate the final rule. Although it did not vacate the rule, the Court took an unusual and possible unprecedented step with regard to a remedy, ordering that the final rule will be vacated unless DOE acts within 90 days to fix it. If DOE feels it requires more than 90 days, it has 10 days from the ruling to ask the Court for additional time.

AHRI will continue monitoring to see how the Department will respond to the Court’s ruling. Contact: Marie Carpizo.

Federal and state legislative activity impacting the HVACR and water heating industry continues, both virtually and in-person. AHRI’s Call-to-Action center helps AHRI members make their voices heard on Capitol Hill and in state legislatures across the country. Be sure to take advantage of this convenient way to effect real change on pertinent industry issues. Contact: Samantha Slater.

The AHR Expo is excited to welcome you back to the show floor in less than two weeks! Our numbers remain strong, with more than 1,650 exhibitors (including 300+ international companies) ready to go. We understand there are concerns regarding the status of the show given the recent COVID-19 developments. AHRI, ASHRAE, and the show organizers want to assure you that the AHR Expo will take place as scheduled, January 31 - February 2, at the Las Vegas Convention Center.

We all are dedicated to producing a successful event, with safety top of mind during the experience. We are confident in the policies in place, including required masking, increased ventilation in the convention hall, and a GBAC Star Accreditation safety rating. Please view our most updated health and safety guidelines here, and make plans to join with your industry colleagues to view the latest innovative technologies available in the HVACR and water heating space. Contact: Francis Dietz.

The Forced-Circulation Air-Cooling and Air-Heating Coils Standards Technical Committee (ACHC STC) held its last meeting on January 12. The STC members are currently updating the Standard 410 text and its figures, which are being redrawn to improve future updates. The STC also approved maintaining the standard as a joint I-P/SI unit. The committee continues to meet bi-weekly to implement the standard. The next meeting will be held on Wednesday, January 26. To join the STC, please reach out to Sarp Hamamcioglu.

Contact: Sarp Hamamcioglu.

On December 18, 2021, the Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the Federal Register: Energy Conservation Program: Test Procedure for Circulator Pumps. DOE will hold a webinar on Wednesday, February 2, from 12:30 p.m. to 3:30 p.m. EST. Upcoming meeting information will be posted here.

Written comments and information will be accepted no later than February 18. Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or by email to: CirculatorPumps2016TP0033@ee.doe.gov. Include docket number docket number EERE–2016–BT–TP–0033 in the subject line of the message. Any member comments or feedback must be provided to AHRI no later than February 1.

Background

DOE has proposed definitions, a test procedure, sampling and rating requirements, and enforcement provisions for circulator pumps which have not previously been subject to DOE test procedures or energy conservation standards. These test procedure methods reference relevant industry standards for measuring the circulator energy index for circulator pumps. The proposed definitions and test procedures are based on the recommendations of the Circulator Pump Working Group.

Contact: Kyle Bergeron.

On December 10, 2021, the Department of Energy (DOE) published a notice of proposed rulemaking and a request for comment on Energy Conservation Program: Test Procedure for Variant Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps. Written comments and information will be accepted through February 8.

Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or submitted by email to: VRFMultisplitACHP2021TP0019@ee.doe.gov. Include docket number EERE-2021-BT-TP-0019 in the subject line of the message.

Background

DOE is publishing an analysis of the energy saving potential of amended industry consensus standards for certain classes of variable refrigerant flow multi-split air conditioners and heat pumps (VRFs), which are a type of commercial and industrial equipment. The Energy Policy and Conservation Act, as amended, requires DOE to evaluate and assess whether updates are needed to its energy conservation standards. The department is statutorily required to review its standards for this equipment at least once every six years and publish either a notice of proposed rulemaking to propose new standards for VRFs or a notice of determination that the existing standards do not need to be amended.

Contact: Laura Petrillo-Groh.

On January 14, the Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the Federal Register to amend its test procedures for single package vertical air conditioners and single package vertical heat pumps. DOE will hold a webinar on Wednesday, February 9, from 1:00 p.m. to 3:00 p.m. EST, with registration information to follow. Upcoming meeting information will be posted here. The Single Package Vertical Unit DOE Task Force will meet to discuss this NOPR.

Stakeholder comments and feedback will be accepted until March 15. Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or by email to: SPVACandHeatPumps2017TP0020@ee.doe.gov. Include docket number EERE–2017–BT–TP–0020 in the subject line of the message.

Background

DOE proposes to amend its test procedures for single package vertical air conditioners and single package vertical heat pumps to incorporate the most recent version of the relevant industry test standard, AHRI 390-2021, and to amend certain provisions for representations for the subject equipment. DOE also proposes definitions for “single-phase single package vertical air conditioners with cooling capacity less than 65,000 Btu/h” and “single-phase single package vertical heat pumps with cooling capacity less than 65,000 Btu/h.” The proposed definitions would explicitly define this equipment as subsets of the broader single package vertical air conditioner and single package vertical heat pump equipment categories, and further distinguish such equipment from two certain residential central air conditioners and heat pumps. DOE seeks comment from interested parties on this proposal.

Contact: Laura Petrillo-Groh.

On December 23, 2021, the Department of Energy (DOE) published a supplemental notice of proposed rulemaking (SNOPR) notification of final interpretive rule in the Federal Register: Energy Conservation Program: Test Procedure for Direct Expansion-Dedicated Outdoor Air Systems (DX-DOAS). The AHRI DOAS Regulatory Working Group has met to discuss this SNOPR.

Written comments and information will be accepted through January 24. Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or by email to: CommACHeatingEquipCat2017TP0018@ee.doe.gov. Include docket number EERE–2017–BT–TP–0020 in the subject line of the message.

Background

The SNOPR establishes an updated test-procedure for DX-DOAS based on stakeholder feedback received in response to the July 7, 2021, NOPR. DOE will revise its proposals regarding the terminology used to describe equipment and provide additional direction for testing equipment with special components. The department initially determined that commercial package air conditioning and heating equipment includes unitary DOAS. These types of equipment have not previously been addressed in DOE rulemakings and are not currently subject to federal test procedures or energy conservation standards.

Contact: Laura Petrillo-Groh.

On December 14, 2021, the Department of Energy (DOE) published a final rule in the Federal Register on the Test Procedure Interim Waiver Process. This rule is effective Monday, February 14.

Background

On August 20, 2021, DOE published a notice of proposed rulemaking (NOPR) and request for comment regarding its test procedure interim waiver process. DOE revised the process to address alternate test procedures that are inconsistent with the purpose and requirements of the Energy Policy and Conservation Act, and that otherwise appear not to effectuate the statute properly. AHRI submitted comments supporting the active approval of interim waivers within 120-days.

In the final rule, DOE amended 10 CFR 430.27 and 10 CFR 431.401 by:

• removing the provisions, adopted in December 2020, that interim waivers will be automatically granted if DOE fails to notify the petitioner of the disposition within 45 business days of receipt, and instead specifying that DOE will make best efforts to process any interim waiver request within 90 days of receipt;

• providing the requirements for a complete petition for interim waiver, and specifying that DOE would notify petitioners of incomplete petitions via email and post a petition for interim waiver on its website within five business days of receipt of a complete petition;

• stating the information that must be provided in a request to extend a waiver to additional basic models;

• revising the compliance certification and representations requirements;

• specifying that interim waivers will automatically terminate on the compliance date of a new or amended test procedure;

• harmonizing 10 CFR 430.27(j) and 10 CFR 431.401(j) with enforcement requirements; and

• allowing DOE to rescind or modify a waiver for appropriate reasons.

Contact: Vivian Cox.

Effective December 29, 2021, the Department of Energy (DOE) published the final interpretive rule in the Federal Register stating in the context of associated venting of residential furnaces, commercial water heaters, and similarly-situated products or equipment, the heat exchanger technology used to supply heated air or hot water is not a performance-related ‘‘feature’’ that provides a distinct consumer utility under the Energy Policy and Conservation Act (EPCA), as amended. Therefore, rulemakings will impact both vented and non-vented products. DOE initiated a re-review of the January 2020 Final Interpretative Rule in response to E.O 13990 on August 27, 2021, by publishing a proposed interpretive rule.

AHRI submitted comments requesting DOE to maintain the 2020 interpretation citing the rulemaking for ventless clothes dryers as precedent that venting provides utility in support of a requirement for established separate product classes. AHRI also commented that consumers will struggle to replace appliances if condensing-only appliance standards are set, noting that requiring new venting for condensing technologies would be inhibited by safety and building codes. In addition, AHRI suggested that separate product classes for condensing and non-condensing products/equipment would not deter technical development or slow the adoption of condensing technologies.

DOE stated that installation costs are addressed, including the costs of difficult installations. DOE commented that the final interpretation reinstates its historical interpretation and is based solely on EPCA, review of public comments received, and the analysis presented in this document. It is not based on political considerations or a policy to promote electrification.

DOE concluded that differences in cost or complexity of installation between different methods of venting do not make any method of venting a performance-feature for certain covered equipment. Relatedly, DOE has concluded that the possibility of installing an appliance employing a particular method of venting may be less costly or less complex than installing a product employing a different method of venting.

Contact: Kyle Bergeron.

On December 29, 2021, the Environmental Protection Agency (EPA) published a notice of Consideration of Negotiated Rulemaking for Petitions Granted or Partially Granted Under Subsection (i) of the American Innovation and Manufacturing Act of 2020. The EPA notice indicates agreement with AIM Act petitioners, including AHRI, that the negotiated rulemaking process is not necessary for this process. Instead, the agency intends to promulgate AIM Act petition rules under the traditional notice and comment period to better serve the public interest.

This notice informs the public of EPA’s consideration of the negotiated rulemaking procedure provided under the Negotiated Rulemaking Act of 1990. It also includes the agency's decision to not use these procedures for a rulemaking under subsection (i) of the American Innovation and Manufacturing Act of 2020 that will address 10 petitions that were granted and one petition that was partially granted by the agency under this subsection on October 7, 2021.

Petitions referenced in this notice were granted by the Administrator via letters signed on October 7, 2021; thus, EPA is required by statute to promulgate a final rule or rules by October 7, 2023.

More information about this notice can be located here. Contact: Vivian Cox.

The Washington Department of Ecology submitted a report to the legislature in December 2021, making recommendations on an optimal design of an HFC End-of-Life Refrigerant Management Program related to the Legislature Pursuant to Engrossed Second Substitute House Bill 1050. In 2021, the legislature directed the Department to provide recommendations “regarding the optimal design of a program to address the end-of-life management and disposal of refrigerants” and to solicit feedback from affected stakeholders. Based on stakeholder input, the Department has addressed some actions that can be pursued under current authority and resources and do not require a final program design. When resources are available, additional stakeholder work could develop specific program elements based on these general guidelines and would help resolve uncertainties and discrepancies between various stakeholder positions. The Department’s current resources are fully dedicated to implementing other aspects of Engrossed Second Substitute House Bill 1050.

Contact: Vivian Cox.

On January 10, the United Steelworkers sent a letter to Congress disputing claims from manufacturing groups (such as AHRI) that the Section 232 steel and aluminum and Section 301 China tariffs are causing price inflation. The union cites in the letter that the tariffs have been in place for years, whereas inflation has only recently become an issue, and asks Congress to keep the tariffs in place to protect the U.S. steel industry.

AHRI sent a letter to Secretary of Commerce Gina Raimondo on the same day, requesting removal of the Section 232 steel and aluminum tariffs to provide relief to metal-using manufacturers in America. Amidst steel and aluminum shortages, AHRI members continue struggling with outright unavailability, high prices, and long lead times of these metals. Meanwhile, domestic steel producers are enjoying record profits and claim to be producing enough metal to sustain U.S. downstream manufacturing, but that has not been the case, as cited in the letter. On January 19, the U.S. and the United Kingdom released a joint statement announcing their commitment to bilateral discussions to address global steel and aluminum excess capacity.

AHRI members who wish to send a letter to their Representative and Senators urging movement on tariffs may do so through AHRI’s Call-to-Action center. AHRI’s Call-to-Action center helps AHRI members make our voices heard on Capitol. Contact: Samantha Slater.

The Clifford H. "Ted" Rees, Jr. Scholarship Foundation, a 501(c)(3) charitable foundation of AHRI, recently announced scholarship awards totaling $75,000 to 36 students, including two military veterans, studying to become technicians in the HVACR and water heating industry.

The Foundation was established to assist with the recruitment and competency of future HVACR and water heating technicians by awarding scholarships to qualified students enrolled in an institutionally accredited school. Eligible students must be preparing for a career in either residential or light commercial air conditioning, heating, or water heating; or commercial refrigeration. Read more here. Contact: Mike Golden.

On January 18, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of AHRI, American Public Gas Association (APGA), and Spire, Inc. in our appeal of the Department of Energy’s (DOE) Commercial Package Boiler Final Rule. The Court found that DOE failed to adequately explain how the final rule met the clear and convincing evidentiary standard.

In January 2020, DOE published a final rule that set efficiency standards for commercial package boilers more stringent than those in ASHRAE Standard 90.1. AHRI, APGA, and Spire filed a petition for review of the final rule, claiming that DOE failed to use the clear and convincing evidentiary standard when it issued standards more stringent than ASHRAE.

In the decision, the Court held that DOE's conclusion that the rule was supported by clear and convincing evidence was arbitrary and capricious; specifically, that the agency failed to fix or adequately address multiple problems with its economic justification for the rule that were raised on the record. The Court found that DOE failed to address problems with (1) DOE’s random assignment of boilers to buildings in the Department's cost model; (2) the use of predicted average energy prices to estimate fuel costs; and (3) flawed DOE assumptions about burner operating hours identified by AHRI's expert. The Court did find that DOE's reliance on listing data as a proxy for shipment data was reasonable.

Initially, AHRI, APGA, and Spire asked the Court to remand and vacate the final rule. Although it did not vacate the rule, the Court took an unusual and possible unprecedented step with regard to a remedy, ordering that the final rule will be vacated unless DOE acts within 90 days to fix it. If DOE feels it requires more than 90 days, it has 10 days from the ruling to ask the Court for additional time.

AHRI will continue monitoring to see how the Department will respond to the Court’s ruling. Contact: Marie Carpizo.

Federal and state legislative activity impacting the HVACR and water heating industry continues, both virtually and in-person. AHRI’s Call-to-Action center helps AHRI members make their voices heard on Capitol Hill and in state legislatures across the country. Be sure to take advantage of this convenient way to effect real change on pertinent industry issues. Contact: Samantha Slater.

The AHR Expo is excited to welcome you back to the show floor in less than two weeks! Our numbers remain strong, with more than 1,650 exhibitors (including 300+ international companies) ready to go. We understand there are concerns regarding the status of the show given the recent COVID-19 developments. AHRI, ASHRAE, and the show organizers want to assure you that the AHR Expo will take place as scheduled, January 31 - February 2, at the Las Vegas Convention Center.

We all are dedicated to producing a successful event, with safety top of mind during the experience. We are confident in the policies in place, including required masking, increased ventilation in the convention hall, and a GBAC Star Accreditation safety rating. Please view our most updated health and safety guidelines here, and make plans to join with your industry colleagues to view the latest innovative technologies available in the HVACR and water heating space. Contact: Francis Dietz.

The Forced-Circulation Air-Cooling and Air-Heating Coils Standards Technical Committee (ACHC STC) held its last meeting on January 12. The STC members are currently updating the Standard 410 text and its figures, which are being redrawn to improve future updates. The STC also approved maintaining the standard as a joint I-P/SI unit. The committee continues to meet bi-weekly to implement the standard. The next meeting will be held on Wednesday, January 26. To join the STC, please reach out to Sarp Hamamcioglu.

Contact: Sarp Hamamcioglu.

On December 18, 2021, the Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the Federal Register: Energy Conservation Program: Test Procedure for Circulator Pumps. DOE will hold a webinar on Wednesday, February 2, from 12:30 p.m. to 3:30 p.m. EST. Upcoming meeting information will be posted here.

Written comments and information will be accepted no later than February 18. Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or by email to: CirculatorPumps2016TP0033@ee.doe.gov. Include docket number docket number EERE–2016–BT–TP–0033 in the subject line of the message. Any member comments or feedback must be provided to AHRI no later than February 1.

Background

DOE has proposed definitions, a test procedure, sampling and rating requirements, and enforcement provisions for circulator pumps which have not previously been subject to DOE test procedures or energy conservation standards. These test procedure methods reference relevant industry standards for measuring the circulator energy index for circulator pumps. The proposed definitions and test procedures are based on the recommendations of the Circulator Pump Working Group.

Contact: Kyle Bergeron.

On December 10, 2021, the Department of Energy (DOE) published a notice of proposed rulemaking and a request for comment on Energy Conservation Program: Test Procedure for Variant Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps. Written comments and information will be accepted through February 8.

Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or submitted by email to: VRFMultisplitACHP2021TP0019@ee.doe.gov. Include docket number EERE-2021-BT-TP-0019 in the subject line of the message.

Background

DOE is publishing an analysis of the energy saving potential of amended industry consensus standards for certain classes of variable refrigerant flow multi-split air conditioners and heat pumps (VRFs), which are a type of commercial and industrial equipment. The Energy Policy and Conservation Act, as amended, requires DOE to evaluate and assess whether updates are needed to its energy conservation standards. The department is statutorily required to review its standards for this equipment at least once every six years and publish either a notice of proposed rulemaking to propose new standards for VRFs or a notice of determination that the existing standards do not need to be amended.

Contact: Laura Petrillo-Groh.

On January 14, the Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the Federal Register to amend its test procedures for single package vertical air conditioners and single package vertical heat pumps. DOE will hold a webinar on Wednesday, February 9, from 1:00 p.m. to 3:00 p.m. EST, with registration information to follow. Upcoming meeting information will be posted here. The Single Package Vertical Unit DOE Task Force will meet to discuss this NOPR.

Stakeholder comments and feedback will be accepted until March 15. Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or by email to: SPVACandHeatPumps2017TP0020@ee.doe.gov. Include docket number EERE–2017–BT–TP–0020 in the subject line of the message.

Background

DOE proposes to amend its test procedures for single package vertical air conditioners and single package vertical heat pumps to incorporate the most recent version of the relevant industry test standard, AHRI 390-2021, and to amend certain provisions for representations for the subject equipment. DOE also proposes definitions for “single-phase single package vertical air conditioners with cooling capacity less than 65,000 Btu/h” and “single-phase single package vertical heat pumps with cooling capacity less than 65,000 Btu/h.” The proposed definitions would explicitly define this equipment as subsets of the broader single package vertical air conditioner and single package vertical heat pump equipment categories, and further distinguish such equipment from two certain residential central air conditioners and heat pumps. DOE seeks comment from interested parties on this proposal.

Contact: Laura Petrillo-Groh.

On December 23, 2021, the Department of Energy (DOE) published a supplemental notice of proposed rulemaking (SNOPR) notification of final interpretive rule in the Federal Register: Energy Conservation Program: Test Procedure for Direct Expansion-Dedicated Outdoor Air Systems (DX-DOAS). The AHRI DOAS Regulatory Working Group has met to discuss this SNOPR.

Written comments and information will be accepted through January 24. Comments may be submitted using the Federal eRulemaking Portal at www.regulations.gov or by email to: CommACHeatingEquipCat2017TP0018@ee.doe.gov. Include docket number EERE–2017–BT–TP–0020 in the subject line of the message.

Background

The SNOPR establishes an updated test-procedure for DX-DOAS based on stakeholder feedback received in response to the July 7, 2021, NOPR. DOE will revise its proposals regarding the terminology used to describe equipment and provide additional direction for testing equipment with special components. The department initially determined that commercial package air conditioning and heating equipment includes unitary DOAS. These types of equipment have not previously been addressed in DOE rulemakings and are not currently subject to federal test procedures or energy conservation standards.

Contact: Laura Petrillo-Groh.

On December 14, 2021, the Department of Energy (DOE) published a final rule in the Federal Register on the Test Procedure Interim Waiver Process. This rule is effective Monday, February 14.

Background

On August 20, 2021, DOE published a notice of proposed rulemaking (NOPR) and request for comment regarding its test procedure interim waiver process. DOE revised the process to address alternate test procedures that are inconsistent with the purpose and requirements of the Energy Policy and Conservation Act, and that otherwise appear not to effectuate the statute properly. AHRI submitted comments supporting the active approval of interim waivers within 120-days.

In the final rule, DOE amended 10 CFR 430.27 and 10 CFR 431.401 by:

• removing the provisions, adopted in December 2020, that interim waivers will be automatically granted if DOE fails to notify the petitioner of the disposition within 45 business days of receipt, and instead specifying that DOE will make best efforts to process any interim waiver request within 90 days of receipt;

• providing the requirements for a complete petition for interim waiver, and specifying that DOE would notify petitioners of incomplete petitions via email and post a petition for interim waiver on its website within five business days of receipt of a complete petition;

• stating the information that must be provided in a request to extend a waiver to additional basic models;

• revising the compliance certification and representations requirements;

• specifying that interim waivers will automatically terminate on the compliance date of a new or amended test procedure;

• harmonizing 10 CFR 430.27(j) and 10 CFR 431.401(j) with enforcement requirements; and

• allowing DOE to rescind or modify a waiver for appropriate reasons.

Contact: Vivian Cox.

Effective December 29, 2021, the Department of Energy (DOE) published the final interpretive rule in the Federal Register stating in the context of associated venting of residential furnaces, commercial water heaters, and similarly-situated products or equipment, the heat exchanger technology used to supply heated air or hot water is not a performance-related ‘‘feature’’ that provides a distinct consumer utility under the Energy Policy and Conservation Act (EPCA), as amended. Therefore, rulemakings will impact both vented and non-vented products. DOE initiated a re-review of the January 2020 Final Interpretative Rule in response to E.O 13990 on August 27, 2021, by publishing a proposed interpretive rule.

AHRI submitted comments requesting DOE to maintain the 2020 interpretation citing the rulemaking for ventless clothes dryers as precedent that venting provides utility in support of a requirement for established separate product classes. AHRI also commented that consumers will struggle to replace appliances if condensing-only appliance standards are set, noting that requiring new venting for condensing technologies would be inhibited by safety and building codes. In addition, AHRI suggested that separate product classes for condensing and non-condensing products/equipment would not deter technical development or slow the adoption of condensing technologies.

DOE stated that installation costs are addressed, including the costs of difficult installations. DOE commented that the final interpretation reinstates its historical interpretation and is based solely on EPCA, review of public comments received, and the analysis presented in this document. It is not based on political considerations or a policy to promote electrification.

DOE concluded that differences in cost or complexity of installation between different methods of venting do not make any method of venting a performance-feature for certain covered equipment. Relatedly, DOE has concluded that the possibility of installing an appliance employing a particular method of venting may be less costly or less complex than installing a product employing a different method of venting.

Contact: Kyle Bergeron.

On December 29, 2021, the Environmental Protection Agency (EPA) published a notice of Consideration of Negotiated Rulemaking for Petitions Granted or Partially Granted Under Subsection (i) of the American Innovation and Manufacturing Act of 2020. The EPA notice indicates agreement with AIM Act petitioners, including AHRI, that the negotiated rulemaking process is not necessary for this process. Instead, the agency intends to promulgate AIM Act petition rules under the traditional notice and comment period to better serve the public interest.

This notice informs the public of EPA’s consideration of the negotiated rulemaking procedure provided under the Negotiated Rulemaking Act of 1990. It also includes the agency's decision to not use these procedures for a rulemaking under subsection (i) of the American Innovation and Manufacturing Act of 2020 that will address 10 petitions that were granted and one petition that was partially granted by the agency under this subsection on October 7, 2021.

Petitions referenced in this notice were granted by the Administrator via letters signed on October 7, 2021; thus, EPA is required by statute to promulgate a final rule or rules by October 7, 2023.

More information about this notice can be located here. Contact: Vivian Cox.

The Washington Department of Ecology submitted a report to the legislature in December 2021, making recommendations on an optimal design of an HFC End-of-Life Refrigerant Management Program related to the Legislature Pursuant to Engrossed Second Substitute House Bill 1050. In 2021, the legislature directed the Department to provide recommendations “regarding the optimal design of a program to address the end-of-life management and disposal of refrigerants” and to solicit feedback from affected stakeholders. Based on stakeholder input, the Department has addressed some actions that can be pursued under current authority and resources and do not require a final program design. When resources are available, additional stakeholder work could develop specific program elements based on these general guidelines and would help resolve uncertainties and discrepancies between various stakeholder positions. The Department’s current resources are fully dedicated to implementing other aspects of Engrossed Second Substitute House Bill 1050.

Contact: Vivian Cox.

On January 10, the United Steelworkers sent a letter to Congress disputing claims from manufacturing groups (such as AHRI) that the Section 232 steel and aluminum and Section 301 China tariffs are causing price inflation. The union cites in the letter that the tariffs have been in place for years, whereas inflation has only recently become an issue, and asks Congress to keep the tariffs in place to protect the U.S. steel industry.

AHRI sent a letter to Secretary of Commerce Gina Raimondo on the same day, requesting removal of the Section 232 steel and aluminum tariffs to provide relief to metal-using manufacturers in America. Amidst steel and aluminum shortages, AHRI members continue struggling with outright unavailability, high prices, and long lead times of these metals. Meanwhile, domestic steel producers are enjoying record profits and claim to be producing enough metal to sustain U.S. downstream manufacturing, but that has not been the case, as cited in the letter. On January 19, the U.S. and the United Kingdom released a joint statement announcing their commitment to bilateral discussions to address global steel and aluminum excess capacity.

AHRI members who wish to send a letter to their Representative and Senators urging movement on tariffs may do so through AHRI’s Call-to-Action center. AHRI’s Call-to-Action center helps AHRI members make our voices heard on Capitol. Contact: Samantha Slater.