EXC-24-0001 - In the Matter of: E.L. Foust Co.

On January 5, 2023, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an application by E.L. Foust Co. for exception relief from the applicable provisions of the Energy Conservation Program: Energy Conservation Standards for Air Cleaners (Final Rule) published on April 11, 2023, at 88 Fed. Reg. 21,752, and the energy conservation standards and test procedure applicable to air cleaners codified at 10 C.F.R. Part 430. E.L. Foust Co. asserted that the regulations made no account for gas-phase filtration air cleaners, causing it to experience gross inequity. Furthermore, it would experience special hardship and an unfair distribution of burdens as a result of redesigning and testing its products under applicable standards. Following its review of the application, OHA concluded that E.L. Foust Co. failed to provide sufficient evidence to establish a special hardship, gross inequity, or unfair distribution of burdens, and therefore denied the application . (OHA Case No. EXC-24-0001)