Empire: Order (2015-SE-22002 and 2016-SE-22002)

September 22, 2016 DOE ordered Empire Comfort Systems to pay a $241,100 civil penalty after Empire self-reported that various Empire models do not comply with the energy conservation standard for direct heating equipment. Empire had manufactured and...

Office of the General Counsel

September 22, 2016
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September 22, 2016

DOE ordered Empire Comfort Systems to pay a $241,100 civil penalty after Empire self-reported that various Empire models do not comply with the energy conservation standard for direct heating equipment. Empire had manufactured and distributed in commerce in the U.S. at least 23,008 units of the models. The Order adopted a Compromise Agreement, which reflected settlement terms between DOE and Empire.

On September 8, 2016, DOE alleged in a Notice of Proposed Civil Penalty that Empire manufactured and distributed noncompliant direct heating equipment in the U.S.  Federal law subjects manufacturers and private labelers to civil penalties if those parties distribute in the U.S. products that do not meet applicable energy conservation standards.  This civil penalty notice advises the company of the potential penalties and DOE's administrative process, including the company's right to a hearing.

DOE issued a Notice of Noncompliance Determination to Empire on July 20, 2016, finding that various Empire models do not comport with the energy conservation standards. DOE determined the products were noncompliant based on information provided by the company.  Empire notified each person (or company) to whom Empire distributed the noncompliant products that the products do not meet Federal standards.  In addition, Empire provided to DOE documents and records showing the number of units Empire distributed and to whom Empire distributed the units.