Here we go again. In my last post on this subject, we told you the Rule was on hold. Now, it appears that the MAY 1, 2013 RULE for 90+% efficient furnaces in the northern tier of states is THE LAW OF THE LAND.
I am passing on to you the latest news on the law (see below). Since the court has not made their ruling on the lawsuit, technically the 90% standard will go into effect as planned. This filing by AHRI is to get DOE to delay the law as written today. If the court actually makes their ruling, the situation depends in what the rule.
So the end result today is we still do not definitively know what happens on May 1, 2013. Stay tuned but in the mean time, be prepared since as of right now, 90+% efficient furnaces ARE the law as of May 1, 2013.
I will keep you informed as soon as I hear anything new one way or the other.
Regional Standards Update
HARDI Backed Legislation On The Move
Regional Standards Update
This week a motion was filed with U.S. Court of Appeals to request a stay or delay from the May 1 effective date for the Regional Efficiency Standards in the Northern Region. The motion, which was filed by the Air-Conditioning, Heating & Refrigeration Institute (AHRI) echoes comments presented to the court by HARDI regarding the uncertainty that this looming deadline has brought upon the entire HVACR industry. HARDI will be filing a response in support of the motion to stay or delay the deadline.
This motion is necessary, because as of the publication of this email, the court has not yet agreed to accept the proposed settlement agreement between the American Public Gas Association (APGA) and the Department of Energy (DOE). Until the court officially accepts this settlement, the May 1 compliance date still stands and it will be illegal to install a non-compliant residential gas furnace in the Northern Region. To date, the DOE has yet to respond to two requests for a delay in the effective date, thus forcing stakeholders to ask the court to intervene.
To reiterate, a settlement has been proposed regarding regional efficiency standards for residential gas furnaces in the Northern Region, but as of today the court has yet to accept this settlement. There is no timetable for when the court may rule on both the APGA/DOE settlement or HARDI’s motion to continue on with the lawsuit to address other items, including regional efficiency standards for A/C in the South and Southwest. Because of uncertainty regarding the proximity of the May 1 compliance date, AHRI has filed a motion to stay or delay the effective date and HARDI will be filing a supportive response. Until the motion to stay is granted or the court accepts the proposed settlement, the May 1 effective date is still the law of the land. HARDI will continue to keep members updated as developments occur.