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B-331764 1 (2020-01-29)

handle is hein.gao/gaobaeapu0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-331764 January 29, 2020 The Honorable Lisa Murkowski Chairman The Honorable Joe Manchin Ranking Member Committee on Energy and Natural Resources United States Senate The Honorable Frank Pallone, Jr. Chairman The Honorable Greg Walden Ranking Member Committee on Energy and Commerce House of Representatives Subject: Department of Energy: Energy Conservation Program: Energy Conservation Standards for Commercial Packaged Boilers Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Energy (DOE) entitled Energy Conservation Program: Energy Conservation Standards for Commercial Packaged Boilers (RIN: 1904-AD01). We received the rule on January 14, 2020. It was published in the Federal Register as a final rule on January 10, 2020. 85 Fed. Reg. 1592. The effective date of the rule is March 10, 2020. The final rule amends conservation standards for certain commercial packaged boilers. According to DOE, the final rule discontinues the use of draft type as a criterion for equipment classes and establishes separate equipment classes for very large commercial packaged boilers. As a result, DOE states the total number of equipment classes has increased from 10 to 12. The final rule includes minimum thermal efficiencies, or combustion efficiencies, for each equipment class. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The rule was published in the Federal Register on January 10, 2020, but not received by Congress until January 14, 2020. 85 Fed. Reg. 1592. The rule has a stated effective date of March 10, 2020, but compliance with the new energy standard is not required until January 10, 2023. To the extent that the rule purports to be effective on March 10, 2020, it does not have the required 60-day delay in effective date.

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