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DOE Regulations

ENFORCEMENT

In the Southeast and Southwest, the standards apply based on system installation date. That means that compliance is not solely the responsibility of the manufacturer. So, while you have OEMs making air conditioning and heat pumps that are compliant with the 2023 standards, starting January 1, you still need to make sure that downstream of that, you still have the distributors and contractors looking at what they are installing to make sure that it’s compliant.

The Department of Energy has expressed that they will be considering all enforcement cases—not just manufacturers, but contractors. You can be held responsible if you knowingly install a noncompliant unit.

Non-compliance with new 2023 standards will likely be similar to non-compliance with 2015 standards.

Infractions include:

Dealers and contractors installing non-compliant equipment

Distributors supplying no-compliant equipment to contractors

Manufacturers knowingly selling non-compliant equipment

The consequences of non-compliance may include:

Replacing non-compliant equipment at violator's own cost and inclusion on a national "no-sell" list for repeat violators

Prohibition from purchasing any of the seven classes of products identified in the Code of Federal Regulations (10-CFR-430.32)

Heavy fines (the DOE may assess penalties up to $440 per violation against manufacturers, private labelers or distributors)

HOW TO AVOID NON-COMPLIANCE

The first step in avoiding accidental non-compliance is education. Make sure your employees understand what the new, 2023 minimum efficiency requirements are, how they are determined and what products meet these requirements. Learning the efficiency standards for your region and making sure they are communicated is valuable, especially in the first few months of 2023.

It's also important to keep accurate, up-to-date records of products sold. Dealers, contractors, distributors and manufacturers will be required to track the model and serial numbers of products that are sold and installed., including the locations of those installations. These records should be kept for at least 60 months.

AIR CONDITIONING REGIONAL STANDARDS

BEGINNING IN 2023, ALL NEW RESIDENTIAL CENTRAL AIR-CONDITIONING SYSTEMS SOLD IN THE UNITED STATES WILL BE REQUIRED TO MEET NEW MINIMUM ENERGY EFFICIENCY STANDARDS. The new standards continue to set different cooling efficiency levels for air conditioners in the south.

The new standards effective in 2023 require a seasonal energy efficiency ratio (SEER)—a measure of a system’s cooling performance—of no less than 14 SEER for residential systems in the northern part of the United States and 15 SEER in the southern part of the United States, where cooling loads are a larger share of home energy use. Higher SEER ratings indicate more energy-efficient equipment.

In addition, the new standards require an increase in the heating efficiency of air-source heat pumps—measured by the equipment’s heating seasonal performance factor (HSPF). The minimum HSPF will be 8.8 HSPF compared with the 8.2 HSPF required by the current standard that went into effect in 2015.

Minimum Energy Efficiency of AC Increasing in 2023

AC Equipment Under 3.5 Tons:

  • North = 13.4 SEER2 (14 SEER)
  • Southeast and Southwest = 14.3 SEER2 (15 SEER)
  • Southwest = 11.7 EER2 (12.2 EER) / 9.8* EER2 (10.2 EER)

*9.8 EER2 limit for equipment ≥ 15.2 SEER2

AC Equipment 3.5 Tons and Above:

  • North = 13.4 SEER2 (14 SEER)
  • Southeast and Southwest = 13.8 SEER2 (14.5 SEER)
  • Southwest = 11.2 EER2 (11.7 EER) / 9.8* EER2 (10.2 EER)

*9.8 EER2 limit for equipment ≥ 15.2 SEER2

Package AC:

  • North, Southeast, and Southwest = 14.3 SEER2 (15 SEER)
  • North, Southeast, and Southwest = 7.5 HSPF2 (8.8 HSPF)
  • Southwest = 10.6 EER2 (11.0 EER)

HEAT PUMP REGIONAL STANDARDS

BEGINNING IN 2023, ALL NEW RESIDENTIAL AIR-SOURCE HEAT PUMP SYSTEMS SOLD IN THE UNITED STATES WILL BE REQUIRED TO MEET NEW MINIMUM ENERGY EFFICIENCY STANDARDS. The new standards require an increase in the heating efficiency of all air-source heat pumps.

The new standards effective in 2023 require a seasonal energy efficiency ratio (SEER)—a measure of a system’s cooling performance—of no less than 14 SEER for residential systems in the northern part of the United States and 15 SEER in the southern part of the United States, where cooling loads are a larger share of home energy use. Higher SEER ratings indicate more energy-efficient equipment.

In addition, the new standards require an increase in the heating efficiency of air-source heat pumps—measured by the equipment’s heating seasonal performance factor (HSPF). The minimum HSPF will be 8.8 HSPF compared with the 8.2 HSPF required by the current standard that went into effect in 2015.

Minimum Energy Efficiency of HP Increasing in 2023

Heat Pumps:

  • North, Southeast, and Southwest = 14.3 SEER2 (15 SEER)
  • North, Southeast, and Southwest = 7.5 HSPF2 (8.8 HSPF)

Package Heat Pumps:

  • North, Southeast, and Southwest = 13.4 SEER2 (14 SEER)
  • North, Southeast, and Southwest = 6.7 HSPF2 (8.0 HSPF)

WHAT IS THE DIFFERENCE IN TEST PROCEDURES?

The new test procedure from the Department of Energy is commonly known as Appendix M1, which refers to its location in the Code of Federal Regulations, and it will apply to new equipment in 2023. The changes in the test procedure make it more representative of today’s installations in homes, which is a good thing.

You can think of it like converting miles to kilometers. Where before we had SEER, now we have to convert that to SEER2, EER will be EER2, and HSPF will be HSPF2. It sounds a little complicated, but I think once these systems are out there, and we get used to seeing them and converting back and forth, people will become familiar what these new ratings mean. And furthermore, the ratings will be available in the AHRI directory, so you can view discontinued ratings and new ratings for comparison.

It’s also important to note that three-phase equipment less than 65,000 BTUh will continue to be rated with SEER, EER and HSPF. The Department of Energy has proposed a rule that would change the metrics of these products to match single-phase equipment.

DO THESE STANDARDS APPLY NATIONALLY?

The new efficiency requirements for 2023 apply nationally unless they’re superseded by a regional standard. This is critical for distributors and contractors to be aware of, as there are different requirements for the North, Southeast and Southwest. The key difference is that for certain product types in the Southeast and Southwest, the compliance basis is on the date of installation of a system, while for the national standard, compliance is based on the date the system was manufactured.

The new standards effective in 2023 require a seasonal energy efficiency ratio (SEER)—a measure of a system’s cooling performance—of no less than 14 SEER for residential systems in the northern part of the United States and 15 SEER in the southern part of the United States, where cooling loads are a larger share of home energy use. Higher SEER ratings indicate more energy-efficient equipment.

In addition, the new standards require an increase in the heating efficiency of air-source heat pumps—measured by the equipment’s heating seasonal performance factor (HSPF). The minimum HSPF will be 8.8 HSPF compared with the 8.2 HSPF required by the current standard that went into effect in 2015.