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

On April 4, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying a Motion for Reconsideration (Motion) of a Decision and Order ( 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 applicable to air cleaners codified at 10 C.F.R. § 430.32(ee). In it Motion, E.L. Foust Co. asserted that OHA erred because it failed to consider statements about the potential financial harm to the company, harm to consumers, and unintended consequences of the Final Rule that E.L. Foust provided in its Application. Following a review of the Motion and DOE's response, OHA found that there was no error in the Decision that materially impacted the outcome of the case. (OHA Case No. EXR-24-0001)