We’ve won a battle to save gas logs, but the war rages on.  Late November 9, 2011, the US Department of Energy (DOE) gave notice that they will publish a Final Rule to their July 22, 2011 Notice of Proposed Rule in the Federal Register in the near future.  Whereas the DOE desired in July to impose four specific restrictions on vented gas log set (eliminating standing pilots and requiring all gas log sets to be listed to ANSI Z21.60 standard being the most damaging), the Final Rule imposes no such restrictions on gas log sets.  It does place four restrictions on vented decorative gas fireplaces, but these had been proposed by our industry during previous negotiations with DOE.

It is evident that the testimony that Rasmussen and others provided directly to DOE, and the comments that gas log supporters submitted to DOE and their congressional representatives had impact on the DOE’s Final Rule.  Congratulations and thanks to those who participated in fighting for vented gas log sets.

Unfortunately, the war with DOE will continue because in the Final Rule, DOE has defined both vented gas logs and vented decorative fireplaces as “Direct Heating Equipment” (DHE).  By defining these products as DHE, DOE has exerted dominion to regulate these products under the auspices of the The Energy Policy and Conservation Act of 1975, which calls for periodic review of the products under its umbrella.

The Final Rule specifically states that “DOE has determined that additional analysis would be necessary to address vented gas log sets, a topic which DOE may address in a new proceeding in the context of a future rulemaking.”  But until this occurs, vented gas log sets will not be subject to the energy conservation standards for vented hearth heaters.  Gone for vented gas log sets, for now, are any efficiency requirements, 9000 BTU/hour limit to be considered “decorative”, the elimination of standing pilots, mandatory certification to ANSI Z21.60, banning of thermostats, and labeling that vented gas log sets are “Decorative Product: Not For Use as a Heating Appliance.”

While we have turned back the invading hoard, they are massing outside our gates for another onslaught.  What will we do to protect vented gas log sets from future regulatory damage?  We as an industry will continue to pursue a legislative solution that will unambiguously define vented gas logs as “NOT Direct Heating Equipment”, and therefore not under the regulatory reach of DOE.  Just prior to the notice of the Final Rule, HPBA and industry were making great strides to accomplish this through an influential Senate committee.  We will continue until we gain the long lasting solution that legislative action will provide to the gas log manufacturers, resellers and consumers.

Stay tuned …