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NPGA corner

NPGA Files Suit Against DOE
On Tuesday, April 9, NPGA and partner orga-
nizations filed an initial brief with the U.S. Court of
Appeals for the D.C. Circuit in an ongoing challenge
against three United States Department of Ener-
gy (DOE) rules that would limit customer access to
propane appliances. The challenged standards would,
in violation of the Energy Policy and Conservation Act
(EPCA), eliminate from the market furnaces and com-
mercial water heaters installed in millions of homes
and businesses today. Our brief argues that DOE rules
do not follow statutory requirements and fail to meet
the necessary legal standard of being technologically
feasible and economically justified. unenforceable within 120 days, unless the rule is de-
For more, see our litigation partner AGA’s layed in court. Just over a year ago, on April 17, 2023,
press release or contact NPGA General Counsel Ben- NPGA joined almost 300 other associations (including
jamin Nussdorf or Associate General Counsel Kate the Chamber of Commerce) representing 45 states to
Gaziano.■ submit a joint comment to the Federal Trade Commis-
sion regarding their proposed rule to ban non-compete
NPGA Presses for Renewable Propane Production & clauses. NPGA also spoke out against the rulemak-
Use ing at a public listening session. The joint comment

On April 18th, 2024, NPGA wrote to the stressed the need to protect confidential business
Office of Air and Radiation (OAR) at the United States information, benefits to companies and workers, and
Environmental Protection Agency (EPA) regarding increased wages and benefits. The comment further
Renewable Propane (rP). NPGA presented the legal discussed the Federal Trade Commission’s overreach in
justification and the use justification for qualifying rP proposing the rule.
for Renewable Identification Numbers (RINs) under A lawsuit over the rule has already been filed
OAR’s administration of the Renewable Fuel Standard in federal court in Texas, and the Chamber of Com-
(RFS) for use in home heating. NPGA provided the merce has also vowed to challenge the rule. NPGA will
legal justification, which was identical to the legal monitor legal challenges and update membership on
justification previously used by the EPA in amending enforcement.
the requirements for home heating RINs. NPGA also If you have questions, please contact Director
provided a use justification, noting that propane heats of Regulatory Affairs and Associate General Counsel
more homes than home heating oil, which is currently Kate Gaziano.■
covered under the regulations. NPGA plans on con-
tinuing to press for opportunities and incentives for rP ENERGY STAR Victory
production and use.
NPGA successfully led a broad coalition in op-
Questions? Please contact NPGA VP of Regula- posing the EPA’s 2023 proposal to remove the ENERGY
tory & Industry Affairs, Benjamin Nussdorf.■ STAR label for gas fueled furnaces. With pressure from
NPGA and its partners, on April 16, EPA reversed their
FTC Addresses Non-Compete Clauses
plan to sunset the ENERGY STAR label for gas fueled
On Monday, April 22, 2024, the US Federal furnaces, and announced a proposed plan to increase
Trade Commission (FTC) voted to adopt a near-total the efficiency level of the ENERGY STAR certification
ban on non-compete clauses that prohibit workers for residential furnaces instead. The EPA reversal also
from switching jobs within an industry. Employers preserves propane furnace eligibility for ENERGY STAR
must notify workers that existing non-competes are designation.

32 Alabama Propane Gas Association | May / June 2024