AHRI and petitioners file motion to vacate Commercial Packaged Boiler Final Rule
AHRI and fellow litigants, the American Public Gas Association (APGA) and Spire, filed a Motion to Vacate the Commercial Packaged Boiler Final Rule to the U.S. Court of Appeals for the D.C. Circuit in response to the Department of Energy’s (DOE) submission of the supplemental response to comments to the final rule.
DOE submitted to the Court a supplemental response to comments to its Final Rule for commercial packaged boilers to address the deficiencies identified by the court in its Jan. 18 opinion. DOE’s supplemental response to comments attempted to address these deficiencies and economically justify the standards for commercial packaged boilers that are more stringent than those found in ASHRAE 90.1. DOE claims it has provided a satisfactory explanation for its final rule without the need to open another notice-and-comment period.