"Twelve state attorneys general, led by New York Attorney General Letitia James (D), on Tuesday filed a petition for review to eliminate a provision in Energy Department efficiency standards they say allows for inefficient residential furnaces and commercial water heaters.
The Trump administration issued the rules during its final week. The provision treats heaters that use less efficient, noncondensing venting as a separate class of products requiring separate regulations. The Energy Department has already identified both rules as contradicting environmental executive orders signed by the president, according to James’s office.
The Energy Department issued a proposed interpretive rule earlier in the Trump administration arguing the inefficient technology in question was a “feature” and that an industry standard alone could not phase out its use. James was among the state attorneys general who filed comments in September 2019 pushing back against this interpretation of the law."
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