~I.IDiill ....... Air-Conditioning, Heating, 

and RefrlgeraHon Institute 

May 17,2012 

The Honorable Steven Chu 

Secretary of Energy 

U.S. Department of Energy 

1000 Independence A venue S W 

Washington, DC 20560 

PH /0:3 S:/.i\.'Ji<J(! 

FX ;o:.\ S28 .. .\P 16 

Re: Notice of Compliance 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 of Energy (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 with the same effective dates 

as the consensus standards. 

In the October 31, 2011, Federal Register, DOE confirmed the direct final rule and the amended 

standards effective dates contained therein, 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 prominent energy advocacy organizations. We did not anticipate 

that it would take DOE nearly a year and a half to publish a direct final rule adopting the standards as 

federal regulations. Nevertheless, AHRI did not object when the direct final rule prescribed a 

compliance lead-time for non-weatherized gas furnace standards that had been compressed to a period 

of less than two years. By the time DOE confirmed the direct final rule at the end of October 2011, 

the lead time for compliance with the furnace standards had been further compressed to 18 months. 

Industry was willing to live with that reduced amount of lead time despite it being much less than the 

minimum three-year lead time originally anticipated by the industry when the consensus standards 

were presented to the DOE in January 2010. Although, historically and as a general rule, the Energy 

Policy and Conservation Act (EPCA) has provided the 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 DOE rulemaking on enforcing the 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 of Energy 

May 17,2012 

Page 2 

AHRI members prefer the non-weatherized gas furnace rule take effect on May 1, 2013 as planned. 

In order to meet this date, we need specific, final guidance by July I5, 20 I2 on the following issues: 

1. We urge DOE to finalize the effective date of regional standards as date of manufacture and 

not date of installation. The date of manufacture approach is consistent will all prior HV AC 

standards rulemakings. Date of installation will create concerns over stranded inventory in 

the north region, requiring a minimum of 8 months to manage and potentially reposition to 

the southern region. This presents a significant channel dynamic impacting the manner in 

which manufacturers, distributors and installers produce, plan, order, ship and stock covered 

products. 

2. Manufacturers require notice and lead-time for any additional data reporting requirements 

that may be triggered by the enforcement rule. While we do not believe additional reporting 

requirements are needed (see 2/6/20I2 AHRI comments), we simply do not know what DOE 

is contemplating or what will be finalized. Guidance on this matter is required by July I5, 

20I2, or DOE must provide a I2-month lead time in the effective date for any such 

requirements when published. 

3. The final 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 longer period. 

To comply with the May I, 2013 non-weatherized furnace standard effective date, AHRI requires 

final guidance on these issues by July I5, 20I2. If DOE is unable to provide such guidance so that 

manufacturers and industry distribution channels can properly resource and plan for compliance, 

AHRI will file a petition to delay the May I, 20 I3 effective date for I8 months. 

Respectfully submitted, 

Stephen R. Yurek 

President and CEO 

Cc: ACEEE 

NRDC 

ASE 

CEC 

ASAP 

HARD I 

ACCA 
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 letter from AHRI President Stephen Yurek regarding the need for resolution of particular issues 

in order for the HVAC industry to be in a position to prepare for compliance with the May 1, 2013 effective date of the 

new minimum efficiency standards for non-weatherized gas furnaces. These new standards were prescribed by DOE in 

its June 27, 2011 direct final rule. Thank you for your consideration of our concerns. 

Joe Mattingly 

AHRI General Counsel, on behalf of AHRI President Stephen Yurek 

1