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# ....... Air-Conditioning, Heating, and RefrlgeraHon Institute

May 17,2012 The Honorable Steven Chu Secretary ofEnergy U.S. Department ofEnergy 1000 Independence Avenue SW Washington, DC 20560 PH /0:3 S:/.i\.'Ji<J(! FX 

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Re: Notice ofCompliance Burden for May 1, 2013, Effective Date ofNon-Weatherized Gas Furnace Minimum Efficiency Standards Published in June 27, 2011, Federal Register
Dear Secretary Chu:
In the June 27, 2011, Federal Register, the U.S. Department ofEnergy (DOE) published a direct final rule adopting consensus amended federal minimum efficiency standards for residential furnaces, central air conditioners and central air conditioning heat pumps. The direct final rule also contained standby and off-mode energy consumption standards for these products withthe same effective dates as the consensus standards.
In the October 31, 2011, Federal Register, DOE confirmedthe direct final rule and the amended standards effective dates containedtherein, i.e. May 1, 2013, for non-weatherized furnaces and January 1, 2015, for weatherized furnaces, central air conditioners and heat pumps. The consensus standards adopted by DOE in the June 27, 2011, direct final rule had been presented to DOE in January 2010 by AHRI and several prominentenergy advocacy organizations. We did not anticipate that it wouldtake DOE nearly a year and a halfto publish a direct final rule adopting the standards as federal regulations. Nevertheless, AHRI did not object whenthe direct final rule prescribed a compliance lead-time for non-weatherized gas furnace standards that had been compressedto a period ofless than two years. Bythe time DOE confirmedthe direct final rule atthe end ofOctober 2011, the lead time for compliance withthe furnace standards had been further compressedto 18 months. Industry was willing to live with that reduced amount oflead time despite it being much less than the minimumthree-year leadtime originally anticipated bythe industry whenthe consensus standards were presentedto the DOE in January 2010. Although, historically and as a general rule, the Energy Policy and ConservationAct (EPCA) has providedthe HV AC industry at least 5 years lead time for compliance with amended residential product standards, the industry accepted less lead time in presenting the consensus standards to DOE and even less time than that following DOE's delay in adopting the consensus standards. The delay in the anticipated DOErulemaking on enforcingthe new standards has added complexity and uncertainty that potentially make it very difficult for industry to prepare for compliance. We also note the American Public Gas Association legal challenge to the new standards creates additional compliance uncertainty.The Honorable Steven Chu Secretary ofEnergy May 17,2012 Page 2

AHRI members preferthe non-weatherized gas furnace rule take effect on May 1, 2013 as planned. In orderto meetthis date, we need specific, final guidance by July I5, 20I2 onthe following issues:
1. We urge DOEto finalize the effective date ofregional standards as date ofmanufacture and not date ofinstallation. The date ofmanufacture approach is consistentwill all priorHVAC standards rulemakings. Date ofinstallation will create concerns over stranded inventory in the north region, requiring a minimum of8 months to manage and potentially reposition to the southern region. This presents a significant channel dynamic impactingthe manner in which manufacturers, distributors and installers produce, plan, order, ship and stockcovered products.
2. Manufacturers require notice and lead-time for any additional datareporting requirements that may betriggered by the enforcementrule. While we do not believe additional reporting requirements are needed (see 2/6/20I2 AHRI comments), we simply do notknow what DOE is contemplating orwhat will be finalized. Guidance onthis matter is requiredby July I5, 20I2, orDOE must provide a I2-month lead time in the effective date for any such requirements when published.
3. Thefinal FTC labeling requirements for these covered products are also unknown. AHRI provided comments to FTC (see 2/6/20I2 AHRI comments). Ifthe labeling requirements are finalized as proposed by AHRI, they can be implemented in a 3-month lead-time period. However, other labeling requirements may require a much longerperiod.
To comply withthe May I, 2013 non-weatherized furnace standard effective date, AHRI requires final guidance on these issues by July I5, 20I2. IfDOE is unable to provide such guidance so that manufacturers and industry distribution channels can properly resource and plan for compliance, AHRI will file a petitionto delay the May I, 20I3 effective date for I8 months. Respectfully submitted,

Stephen R. Yurek President and CEO

Cc: ACEEE 

### NRDC ASE CEC ASAP 

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### Secretary Chu From: Sent: To: 

### Cc: Subject: Attachments:

Dear Secretary Chu: Mattingly, Joseph [JMattingly@ahrinet.org] .• ·,**.~;..,;.;** ,h 0 ...**~=.:** Thursday, May 17, 2012 5:16PM Secretary Chu Yurek, Stephen R.; Calabrese, David AHRI Letter re: May 1, 2013 Furnace Standards Effective Date The Honorable Steven Chu 5-17-12.pdf

Please see the attached letterfrom AHRI President Stephen Yurek regarding the need for resolution of particular issues in orderforthe HVAC industryto be in a position to prepare for compliance with the May 

### 1, 2013 effective date ofthe new minimum efficiency standards for non-weatherized gas furnaces. These new standards were prescribed by DOE in itsJune 27, 2011 directfinal rule. Thank you foryour consideration ofour concerns. Joe Mattingly AHRI General Counsel, on behalfofAHRI President Stephen Yurek

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