On August 17, 2021, The Department of Energy (DOE) proposed to reinstate a previous interpretation of energy efficiency rules pertaining to residential furnaces and commercial water heaters.
On January 14, 2021, the DOE issued a final rule that could block future administrations from making gas-fired water heaters, furnaces, and boilers more efficient. Many gas-fired water heaters, furnaces, and boilers currently allow a significant amount of heat to be wasted through venting, but some models use condensing technology to capture heat and prevent waste. In 2018 a number of industry groups petitioned DOE to define condensing and non-condensing equipment as separate categories with separate efficiency standards. The final rule defines non-condensing technology, which requires venting, as a performance-related "feature" under the Energy Policy and Conservation Act that cannot be eliminated through adoption of an energy conservation standard. By creating two separate classes -- one for models with condensing capabilities and one for models without such capabilities -- DOE limits future administrations' authority to require condensing equipment for all gas-fired water heaters, furnaces and boilers. The August 2021 proposal, if finalized, would reinstate the previous interpretation and therefore allow DOE to require condensing equipment for all such appliances.