DOE 2029 water heater standard: status and what it covers

Status on the date checked

DOE consumer water heater standard (89 FR 37778): Final rule in effect since July 5, 2024; compliance required for water heaters made or imported from May 6, 2029. No document delaying or withdrawing it found.
DOE gas tankless water heater standard (89 FR 105188): Disapproved by Congress (Pub. L. 119-6, approved May 9, 2025); DOE withdrew it as of May 20, 2025 (90 FR 21390). The rule has no force or effect.
DOE commercial water heater standard (88 FR 69686): Compliance date October 6, 2026, unchanged in 10 CFR 431.110. DOE will not seek civil penalties for gas-fired models made from October 6, 2026 to before October 6, 2027 (enforcement policy, not a final agency action).

As of October 13, 2026, DOE’s 2024 efficiency standard for consumer water heaters stands, with compliance required for water heaters manufactured in, or imported into, the United States starting May 6, 2029 89 FR 37778, p. 37779. We found no Federal Register document that delays, revises or withdraws it, and DOE’s own page still shows that date (DOE, Consumer Water Heaters). For electric tank water heaters of 20 to 120 gallons (about 76 to 454 liters), apart from a class of small tanks, the new minimum uniform energy factor (UEF) is 2.30 or 2.50, and DOE says these water heaters “would need to incorporate heat pump technology” 89 FR 37778, p. 37901.

Gas tankless water heaters were covered by a different rule, published December 26, 2024. Congress disapproved it in May 2025 (Pub. L. 119-6) and DOE withdrew it (90 FR 21390). The May 2024 rule had already left gas tankless models out.

Commercial water heaters have a third rule. Its compliance date of October 6, 2026 has not changed, but DOE has said it will not seek civil penalties for products made before October 6, 2027.

The 2024 consumer rule

DOE published the final rule on May 6, 2024 (89 FR 37778; RIN 1904-AD91; docket EERE-2017-BT-STD-0019). It took effect July 5, 2024, and compliance “is required on and after May 6, 2029” (89 FR 37778). DOE set standards “for all consumer water heaters, with the exception of gas-fired instantaneous water heaters” 89 FR 37778, p. 37779.

The standards are in 10 CFR 430.32(d). Paragraph (d)(1) gives the minimums for water heaters manufactured before May 6, 2029, and paragraph (d)(2) gives them for water heaters manufactured on or after that date (eCFR as of October 8, 2026). A January 2025 correction added the missing word “before” to paragraph (d)(1) and renamed the volume column of the (d)(2) table “Effective storage volume” in place of “Rated storage volume” 90 FR 6784, p. 6786. The 2024 printing of the table gave the electric storage range as “>20 and ≤55 gal”; the corrected table and the eCFR read “≥20 and ≤55 gal” 90 FR 6784, pp. 6793–6794. The tables below follow the eCFR.

Electric tank water heaters

Minimum UEF for electric storage water heaters manufactured on or after May 6, 2029, by draw pattern, selected rows (10 CFR 430.32(d)(2), Table 14). Veff is the effective storage volume in gallons. Table 14 also has formula-based standards for very small electric storage water heaters under 20 gallons and for electric storage water heaters over 120 gallons.

Product class	Effective storage volume	Very Small	Low	Medium	High
Small electric storage water heater	≥20 and ≤35 gal	0.8808 − (0.0008 × Veff)	0.9254 − (0.0003 × Veff)	none listed	none listed
Electric storage water heater, excluding small electric storage	≥20 and ≤55 gal	2.30	2.30	2.30	2.30
Electric storage water heater	>55 and ≤120 gal	2.50	2.50	2.50	2.50

DOE explains the split: for electric storage water heaters, the adopted level “includes standards for larger products that are met through the use of heat pump technology while leaving standards for smaller products that can be met through the use of electric resistance heating” 89 FR 37778, p. 37798. At that level, “all electric storage water heaters, excluding small electric storage water heaters, would need to incorporate heat pump technology” 89 FR 37778, p. 37901.

For comparison, a 30-gallon small electric storage water heater in the Low draw pattern needs a UEF of at least 0.9254 − (0.0003 × 30) = 0.9164 (our arithmetic), against 2.30 for electric tanks of that size outside the small class.

For tanks over 55 gallons this is not new. DOE notes that the standards already in force for electric storage water heaters over 55 and up to 120 gallons of rated storage volume “correspond to products with heat pump technology, such that all of these products on the market today are heat pump water heaters” 89 FR 37778, p. 37930.

The 35-gallon figure marks only the upper end of the small class. The 2.30 standard starts at 20 gallons for tanks outside the small class, and the table gives the small class standards only for the Very Small and Low draw patterns. DOE found that most small electric storage water heaters have an effective storage volume of 20 to 35 gallons and “deliver FHRs less than 51 gallons”, meaning a first-hour rating below 51 gallons 89 FR 37778, p. 37820. DOE also notes that electric resistance tanks remain available in the grid-enabled class “for cases where the home is still connected to a utility grid” 89 FR 37778, p. 37797; in Table 14 that class covers tanks over 75 gallons.

Gas tank water heaters

For gas-fired storage water heaters, the 2029 minimums are formulas based on effective storage volume, in four bands: under 20, 20 to 55, over 55 to 100, and over 100 gallons (10 CFR 430.32(d)(2)). Two of the bands:

Effective storage volume	Very Small	Low	Medium	High
≥20 and ≤55 gal	0.3925 − (0.0020 × Veff)	0.6451 − (0.0019 × Veff)	0.7046 − (0.0017 × Veff)	0.7424 − (0.0013 × Veff)
>55 and ≤100 gal	0.6470 − (0.0006 × Veff)	0.7689 − (0.0005 × Veff)	0.7897 − (0.0004 × Veff)	0.8072 − (0.0003 × Veff)

For example, a gas tank with an effective storage volume of 40 gallons in the Medium draw pattern needs a UEF of at least 0.7046 − (0.0017 × 40) = 0.6366 (our arithmetic).

For gas tanks of 20 to 55 gallons, the 2029 formulas raise the minimum: in the Medium draw pattern, for example, from 0.6483 − (0.0017 × Vr) to 0.7046 − (0.0017 × Veff). For gas tanks over 55 and up to 100 gallons, the 2029 coefficients are the same as in the current table, 10 CFR 430.32(d)(1); the only difference is that (d)(1) uses rated storage volume (Vr) and (d)(2) uses effective storage volume (Veff) (eCFR, 10 CFR 430.32(d)(1) and (d)(2), as of October 8, 2026; our comparison).

In a reply about venting in multifamily buildings, DOE wrote that “this final rule does not require a condensing level for gas storage water heaters” 89 FR 37778, p. 37855. The level it adopted for gas tanks is efficiency level (EL) 2, which DOE calls “a moderate increase in efficiency” 89 FR 37778, pp. 37805, 37917. DOE describes a spiral (helical) flue as “one of the main technological improvements that allows gas-fired storage water heaters to have condensing-level efficiencies” and counts its costs in ELs 4 and 5 89 FR 37778, p. 37832. At the 7-percent discount rate, the net present value for gas tanks was negative from EL 3 to EL 5 89 FR 37778, p. 37889. In describing trial standard level (TSL) 5, which also set gas tanks at EL 2, DOE lists the gas tank design options as “either gas-actuated or electric flue dampers instead of condensing technologies” 89 FR 37778, pp. 37889, 37914. DOE also analyzed a variant, EL 2B, that “requires electricity and is achievable with category I venting” and “includes an electric flue damper” 89 FR 37778, p. 37832. Of five manufacturers subject to the new gas tank standards, DOE found that four “currently manufacture” gas tanks meeting EL 2, accounting for about 95 percent of gas storage water heater shipments 89 FR 37778, p. 37805.

The standard itself is a minimum UEF. Whether a particular new tank needs an electrical outlet or a different vent depends on its design, and the rule does not answer that model by model.

Gas tankless water heaters: the disapproved rule

DOE’s standard for consumer gas-fired instantaneous (tankless) water heaters was a separate rule, published December 26, 2024 (89 FR 105188; RIN 1904-AF65), with compliance required on and after December 26, 2029. For tankless models under 2 gallons and above 50,000 Btu/h, it set minimum UEFs of 0.89, 0.91, 0.91 and 0.93 for the Very Small, Low, Medium and High draw patterns 89 FR 105188, p. 105189. DOE wrote that “condensing-level standards are justified for gas-fired instantaneous water heaters” 89 FR 105188, p. 105200.

Date	Step	Document
December 26, 2024	Final rule published; effective date set for March 11, 2025	89 FR 105188
February 20, 2025	Effective date delayed to March 21, 2025	90 FR 9951
February 27, 2025	H.J.Res. 20 passed by the House	Pub. L. 119-6, legislative history
March 20, 2025	Effective date delayed to May 20, 2025	90 FR 13054
April 9 and 10, 2025	H.J.Res. 20 considered and passed by the Senate	Pub. L. 119-6, legislative history
May 9, 2025	H.J.Res. 20 approved as Public Law 119-6	139 Stat. 49
May 20, 2025	DOE withdraws the rule (document signed May 15, 2025)	90 FR 21390

The resolution was passed under the Congressional Review Act. Its text: “Congress disapproves the rule submitted by the Department of Energy relating to ‘Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters’ (89 Fed. Reg. 105188 (December 26, 2024)), and such rule shall have no force or effect” (H.J.Res. 20). DOE’s withdrawal notice says the standards in that rule “shall have no force or effect” 90 FR 21390, p. 21391.

The resolution names only the December 2024 rule. The May 2024 rule, which had excluded gas tankless models, was not part of it.

Which standard applies to gas tankless water heaters made from May 6, 2029 is not clear from the documents we read. In the current eCFR, the only gas tankless row in 10 CFR 430.32(d) is in the (d)(1) table, for water heaters manufactured before May 6, 2029; the (d)(2) table for later products has no gas tankless row. In its Spring 2025 regulatory agenda, DOE wrote that it “is still considering amended energy conservation standards for GIWHs”, meaning gas-fired instantaneous water heaters 90 FR 45506, p. 45507.

Commercial water heaters

Commercial water heating equipment has its own rule: 88 FR 69686, published October 6, 2023 (RIN 1904-AD34), effective December 5, 2023, with compliance required on and after October 6, 2026. For equipment manufactured on and after October 6, 2026, 10 CFR 431.110 sets a minimum thermal efficiency of 95 percent for gas-fired storage water heaters and storage-type instantaneous water heaters, and 96 percent for gas-fired instantaneous water heaters and hot water supply boilers. For equipment made from October 9, 2015, the minimum for both groups was 80 percent (10 CFR 431.110(a), Table 1, eCFR as of October 8, 2026). DOE describes these levels as ones that “effectively require the use of condensing technology” (91 FR 22477).

The compliance date has passed and has not changed in the CFR. What DOE changed is enforcement. In an Enforcement Policy Statement issued April 24, 2026, DOE said it “will not seek civil penalties” over these standards for products manufactured on or after October 6, 2026 but before October 6, 2027 DOE Enforcement Policy Statement, April 24, 2026, p. 1. The revised statement of May 5, 2026 adds residential-duty commercial gas-fired storage water heaters. DOE gives as its reason the pending Supreme Court petition on the rule “and the related near-term uncertainty for manufacturers and the market”, and says the statement “is not a final agency action, has no legally binding effect on persons or entities outside the federal government, and may be rescinded or modified in the Department’s complete discretion” DOE Enforcement Policy Statement, May 5, 2026, p. 1.

Two other matters remain open.

On February 19, 2026, DOE received a petition from the American Gas Association, the American Public Gas Association and the National Propane Gas Association to move the compliance dates for this rule and for the consumer furnace rule to January 1, 2030 “at a minimum”. DOE published the petition for comment on April 27, 2026, with comments due May 27, 2026 (91 FR 22477). We found no DOE decision on it in the Federal Register.
In American Gas Association v. Department of Energy (No. 25-879), the government’s brief frames the question as whether the court of appeals “correctly upheld” DOE rules premised on the view that non-condensing consumer furnaces and commercial water heaters lack distinct “performance characteristics” (Brief for the Federal Respondents, question presented, printed p. I). In that brief, filed April 28, 2026, the Solicitor General wrote that “the government agrees with that contention” and asked the Court to vacate the judgment and remand Brief for the Federal Respondents, printed p. 8, PDF p. 12. On June 8, 2026 the Court granted the petition, vacated the D.C. Circuit’s judgment and remanded the case; judgment issued July 10, 2026 (Supreme Court docket No. 25-879).

The rule itself is still in 10 CFR 431.110 as of October 8, 2026 (eCFR).

What this means for you

The 2029 standard is tied to the date a water heater is manufactured or imported 89 FR 37778, p. 37779. The documents we read say nothing about water heaters already installed in homes, or about selling units made before May 6, 2029.
If you replace an electric tank of 20 to 120 gallons with one made on or after May 6, 2029, DOE says it would need heat pump technology unless the model is in the small electric storage class.
A new gas tank made from that date must meet the formula for its volume and draw pattern. For 20 to 55 gallons the minimum goes up to a level DOE describes as below condensing (EL 2), one that four of five affected manufacturers “currently manufacture” by DOE’s count. For over 55 to 100 gallons the 2029 coefficients match the current ones.
The condensing-level gas tankless standard that would have applied from December 26, 2029 has no force or effect. Which standard applies to gas tankless units made from May 6, 2029 is open (see below).
The commercial rule applies to commercial equipment. If your home has a commercial model, note that DOE’s May 5, 2026 policy names residential-duty commercial gas-fired storage water heaters among the products it covers.
Replacing a water heater involves gas, venting or electrical work. Have it done by a licensed professional.
For planned dates, DOE’s Consumer Water Heaters page points to the OMB Unified Agenda and adds: “All planned dates are preliminary and subject to change.”

What we could not confirm

That nothing has delayed or withdrawn the 2024 consumer rule. This is a negative search result. We searched the Federal Register by docket, by RIN and by the phrase “Consumer Water Heaters” and read DOE’s page. The last document in the docket is the May 20, 2025 withdrawal of the gas tankless rule. The Spring 2025 Unified Agenda lists RIN 1904-AD91 under completed actions 90 FR 45506, p. 45507, and the DOE list on p. 52799 of the 2026 Unified Agenda document has no consumer water heater item 91 FR 52792, p. 52799. That list is DOE’s part of the 2026 Regulatory Plan and names only four priority actions; we did not collect DOE’s full 2026 agenda. We could not reach reginfo.gov, and we did not search court records for lawsuits against the 2024 rule.
Whether water heaters already installed, or units made before May 6, 2029 and sold later, are affected. The rule’s text applies the standard by date of manufacture or import; we have no document that addresses either case directly.
The standard for gas tankless water heaters made on or after May 6, 2029. The eCFR’s (d)(2) table has no row for them, and we found no DOE explanation.
Whether gas tanks over 55 gallons need condensing technology. The 2029 rule does not change their coefficients, and a commenter quoted in the rule refers to “current condensing standards for 55-100 gallon gas-fired storage water heaters” 89 FR 37778, p. 37815. We did not find a DOE statement on the technology the current standard for that size band takes.
What an EL 2 gas tank needs for power and venting in a given house. DOE’s analysis names gas-actuated and electric flue dampers as design options; the rule does not say which a given model uses.
The regulatory definition of a small electric storage water heater. We did not collect 10 CFR 430.2; the description above comes from the 2024 rule and Table 14.
The commercial rule after remand. We have no D.C. Circuit record after the Supreme Court’s July 10, 2026 judgment, and no DOE decision on the 2026 petition.