U.S. Energy Department Withdraws Regulations on Miscellaneous Gas Products

The U.S. Energy Department on May 2 announced the withdrawal of the classification of miscellaneous gas products as covered consumer products under the Energy Policy and Conservation Act. The withdrawal will exempt several miscellaneous gas products, a group that includes outdoor heaters and decorative hearths, from an array of redundant rules on their production and sale.

The announcement is a broader effort of the Trump administration to eliminate red tape. President Trump has prioritized deregulation through several executive orders. Notably, on Jan. 31, he signed the “Unleashing Prosperity Through Deregulation” executive order, which requires that for every new regulation introduced, agencies must identify at least ten existing regulations to repeal. This expands upon the “two for one” policy from his first term, which rolled back more than 100 environmental regulations. An executive order titled “Ensuring Accountability for All Agencies” directs agencies, including independent agencies, to submit proposed rules for review, noting that previous administrations allowed independent regulatory agencies to issue significant regulations without review by the president, undermining accountability and hindering a unified execution of federal law.

Previously, miscellaneous gas products were defined as covered products under Part A of Title III of the act, and therefore possibly subject to heavy standards for energy conservation. The withdrawal of this classification, along with the repeal of the definitions for “decorative hearth product,” “outdoor heater, “and “miscellaneous gas products” from the Code of Federal Regulations, will permit the market for these products to mature organically without having to account for new conservation standards from the department.