
Proposed Regulation of Gas Stoves
Updated September 14, 2023
The U.S. Department of Energy (DOE) regulates energy consumption of conventional cooking products
including gas stoves using authority under the Energy Policy and Conservation Act (EPCA; P.L. 94-163),
as amended. DOE issued a proposed rule on February 1, 2023, that, if finalized, would set maximum
annual energy consumption standards for electric and gas cooking tops manufactured and sold into
commerce. A CRS report discusses the Appliance and Equipment Standards Program.
The first regulations for gas cooking tops (i.e., gas stoves) were required by the National Appliance
Energy Conservation Act of 1987 (NAECA; P.L. 100-12) and took effect in 1990. Those regulations
prohibited gas cooking products with constant-burning pilot lights.
If DOE’s February 1 proposed rule were to be finalized, manufacturers could not sell gas conventional
cooking tops that consumed more than 1,204 thousand British thermal units (kBtu) per year.
New Regulations for Gas Stoves: Delays and Court
Order
Rulemaking Initiated in 2014
DOE published a request for information including gas cooking tops in February 2014 to “initiate the
mandatory review process” by which it must periodically review its energy conservation standards per
EPCA Section 325(m) (42 U.S.C. §6295). DOE can either publish a determination saying no standard is
needed or publish a proposed rule. In June 2015, DOE chose to “defer its decision regarding whether to
adopt amended energy conservation standards.” DOE later proposed such standards in September 2016,
then in December 2020 declined to proceed, explaining such a standard would not be economically
justified and would not result in significant conservation of energy—two components of the statutory tests
at 42 U.S.C. §6295(o)(3) for any such revisions.
Court Case on Deadlines
In October and November 2020, a group of six nongovernmental organizations and 14 states filed
lawsuits asserting DOE was in violation of deadlines in EPCA for the review of 25 of its energy
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conservation standards. A September 2022 consent decree required DOE to issue revised standards for
conventional cooking products, or determine none is needed, by January 31, 2024.
Resumption of Rulemaking in 2023
The February 1, 2023 proposed rule would require manufacturers to certify their gas cooking tops do not
consume greater than 1,204 kBtu per year. The consumption calculation is based on a representative 418
cooking top cycles per year. For comparison, DOE estimates that units with constant-burning pilot lights
consume as much as 2,000 kBtu per year from the pilot light alone. The compliance date for newly sold
products would be three years after publication of a final rule.
If the rule were to be finalized as proposed, DOE estimates net benefits to consumers of $650 million to
$1.71 billion (depending on discount rate, 2021 dollars), and that net societal benefits (including pollution
reduction and health savings) would be even higher. These figures include costs and benefits for cooking
products that use electricity as well.
Regarding costs, DOE estimates that product manufacturers’ discounted cash flow would decrease
approximately $150 million (2021 dollars) over a 35-year period, due to market conditions. In addition,
DOE estimates that to comply with the proposed rule product manufacturers would incur product
conversion costs involving redesign and similar, as well as capital conversion costs for “new molds for
grates and burners” and other items. In assessing the conversion itself, DOE conducted a market survey
and sampled 21 units currently on the market, finding 20 would not comply with the proposed standard
without conversion of the equipment. DOE published a notice of data availability on February 28, 2023,
and estimated that “nearly half of the total gas cooking top market … would not be impacted by the
proposed standard.”
Inflation Reduction Act and Cooking Products
P.L. 117-169, commonly known as the Inflation Reduction Act of 2022 (IRA), establishes a rebate
program for purchase and installation of electric appliances, including up to $840 for an “electric stove,
cooktop, or range.” Households with income below 80% of the area median income (AMI) may claim a
rebate for the full expense of their upgrades, up to $840 and up to $14,000 total across all IRA-eligible
projects. Those whose income is 80% or more but generally not greater than 150% of the AMI are eligible
for rebates of 50% of their upgrade costs, up to the $14,000 aggregate limit. Households are generally not
eligible for rebates if their income is greater than 150% of the AMI. The Department of Housing and
Urban Development provides estimates for income values at 80% of area median income. There are a
number of methods for determining income. DOE’s calculation of benefits of the proposed rule did not
account for the IRA’s impacts.
Issues for Congress
Congress has held hearings regarding the pace at which DOE issues statutorily mandated revisions to its
regulations (or determines that no change is warranted). In March 2019, the House Energy and Commerce
Committee, Subcommittee on Energy, held a hearing after DOE missed deadlines for completion of
multiple periodic reviews of specific standards.
The Senate Committee on Energy and Natural Resources held a hearing “To Examine the Department of
Energy’s Implementation of the Infrastructure Investment and Jobs Act” on February 2, 2023. Senator
Manchin, committee chairman, speaking of the DOE proposed rule, said that “the draft rule proposes
efficiency levels that DOE says at the highest level, up to 96% of gas stoves don’t currently meet.” At the
March 23, 2023, hearing of the
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House Appropriations Subcommittee on Energy and Water Development and Related Agencies,
Representative Newhouse, again citing the figure that 96% of gas stoves “would be out of compliance,”
asked Energy Secretary Granholm what DOE was doing to “understand the impacts that this will have on
consumers.” Sec. Granholm estimated that half the gas stoves on the market would not be impacted.
Congress could hold hearings to monitor DOE’s progress in implementing the programs of the IRA,
including the rebate programs for appliances such as electric stoves.
Senator Cruz introduced a bill that would prohibit the Consumer Product Safety Commission (CPSC)
from using federal funds to regulate new gas stoves as a banned or hazardous product; or to “impose or
enforce any consumer product safety standard or rule” that would otherwise result in either a “prohibition
on the use or sale of gas stoves” or “substantially increase the average price of gas stoves in the United
States.” DOE’s programs would not be affected. In January 2023, a CPSC commissioner raised the
possibility of a ban on gas stoves. Later, the CPSC chair and the White House both reportedly said they
did not support such a ban. Some Members have introduced other bills with similar objectives, such as S.
244, H.R. 263, and H.R. 337. H.R. 1615, the Gas Stove Protection and Freedom Act, passed the House on
June 13, 2023, and H.R. 1640, the Save Our Gas Stoves Act, passed the House on June 14, 2023.
Author Information
Martin C. Offutt
Analyst in Energy Policy
Disclaimer
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