DOE’s Regulations on Gas Stoves

DOE’s Regulations on Gas Stoves

DOE’s Regulations on Gas Stoves
Updated January 29, 2024
A U.S. Department of Energy (DOE) program 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 direct final rule (pre-publication version) in January 2024 that
sets maximum annual energy consumption standards for electric and gas cooking tops manufactured and
sold into commerce. In doing so, DOE is meeting a deadline of January 31, 2024, from a 2022 consent
decree to issue a final rule.
DOE’s direct final rule prohibits manufacturers from selling gas conventional cooking tops that consume
more than 1,770 thousand British thermal units (kBtu) per year, an amount roughly 50% higher than in
DOE’s February 1, 2023, proposed rule.
Regulations for Gas Stoves: Delays and Court Order
2016 Proposed Rule and Court Case on Deadlines
DOE first proposed an energy performance standard for gas cooking tops in September 2016 as part of its
periodic review mandated by EPCA Section 325(m) (42 U.S.C. §6295). In December 2020, DOE
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.
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 periodic review of 25 of its energy
conservation standards. A September 2022 consent decree required DOE to issue revised standards for
conventional cooking products, or determine none were needed, by January 31, 2024.
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Resumption of Rulemaking in 2023
2023 Proposed Rule
In February 1, 2023, DOE issued a proposed rule that would have required manufacturers to certify their
gas cooking tops do not consume greater than 1,204 kBtu per year. The consumption calculation was
based on a representative 418 cooking top cycles per year, as it was for the direct final rule.
January 2024 Direct Final Rule
DOE issued a direct final rule in January 2024. Direct final rules, under EPCA, follow “receipt of a
statement that is submitted jointly by interested persons that are fairly representative of relevant points of
view” (42 U.S.C. §6295(p)(4)). A direct final rule is typically negotiated and would take effect 120 days
following publication in the Federal Register provided no objections were raised to the Energy Secretary.
Compliance will be required starting on January 31, 2028.
DOE estimates net benefits to consumers (i.e., savings in energy costs net of any increased operating
expenses) of $9.4 million (3% discount rate) to $3.2 million (7% discount rate), 2022 dollars, for
appliances purchased during the 30-year analysis period, and that net societal benefits (including pollution
reduction and health savings) would be higher. These figures include only benefits for the gas cooktops
associated with the direct final rule. In the proposed rule, the estimated savings, net of any increased
operating expenses, at DOE’s proposed standard level of 1,204 kBtu/year was $770 million (3% discount
rate) to $270 million (7% discount rate), 2021 dollars, considering only gas cooktops.
Regarding costs, DOE estimates that product manufacturers’ discounted cash flow would decrease
approximately $71 million (2022 dollars) through 2057. In addition, DOE estimates that to comply with
the direct final rule, product manufacturers would incur product conversion costs involving redesign and
similar actions, as well as capital conversion costs for “new molds for grates and burners” and other
items. DOE estimated these to be $32.9 million (2022 dollars). These figures include only costs for the
gas cooktops associated with the direct final rule. When deciding on the quantitative energy conservation
standard, DOE conforms to statute and determines if the standard would be economically justified, but, in
doing so, DOE does not use a set mathematical formula (42 U.S.C. §6295(o)(3)).
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 a
March 23, 2023, hearing of the 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.” Granholm estimated that half the gas stoves on the market would not
be impacted by the standard at the level in the proposed rule.

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Senator Cruz introduced S. 240, which 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 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 addressing executive branch action on gas stoves,
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

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