What: In September 2022, the Department of Energy’s Office of Energy Efficiency and Renewable Energy (DOE) finalized the coverage determination for miscellaneous gas products (MGPs) under the Energy Policy and Conservation Act (EPCA). EPCA authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment, referred to generally as “covered products.” As part of the determination, DOE adopted definitions of “miscellaneous gas products,” “decorative hearth products,” and “outdoor heater.”
On March 13, 2025, DOE published a notice of proposed rulemaking to withdraw DOE’s prior determination that MPGs qualify as covered products under EPCA. DOE states that as part of its implementation of the Executive Order, “Unleashing American Energy,” DOE is reviewing existing agency actions to ensure, among other things, that all regulatory requirements related to energy are grounded in clearly applicable law and that the American people’s freedom to choose from a variety of goods and appliances is not restricted. As a result of this review, DOE is proposing to withdraw its prior determination that miscellaneous gas products MGPs qualify as covered products under EPCA.
Why: DOE reviewed this proposed withdrawal of a determination under the provisions of the Regulatory Flexibility Act. The DOE states that this proposal does not establish test procedures or standards for MGPs, and if adopted, the DOE would no longer have the authority to consider adopting such measures. Therefore, DOE initially concludes that the impacts of the proposed determination would not have a significant economic impact on a substantial number of small entities.
The DOE is seeking comments on all aspects of the proposed determination. The DOE is particularly interested in receiving comments concerning the following issues:
Issue 1: Whether withdrawing the coverage determination of miscellaneous gas products as a covered product is consistent with the purposes of EPCA.
Issue 2: The scope of coverage previously adopted for miscellaneous gas products, which included decorative hearth products and outdoor heaters, and whether such products share any major functions that could be the basis for establishing a new covered product encompassing both types of equipment.
Action: The DOE is also interested in receiving views concerning other relevant issues that participants believe would affect the tentative conclusions presented in the proposed withdrawal.
FEDERAL REGISTER NOTICE(S):
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Shanerika Flemings
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Is your small business or entity being negatively impacted by a proposed rule? If yes, write a comment letter to the proposing agency.