The Consumer Product Safety Commission (CPSC) appears to have moved its investigation into gas stove emissions off the back burner. After Commissioner Richard Trumka鈥檚 comments in early January that a gas stove ban was 鈥渙n the table,鈥 the CPSC fielded bipartisan backlash from both industry and government actors.1听Days later, CPSC Chair Alexander Hoehn-Saric confirmed that the Commission is 鈥渘ot looking to ban gas stoves鈥 and that no procedure exists for the CPSC to do so,2听even taking to Twitter to 鈥渟et the record straight.”3听Hoehn-Saric has since attempted to shift the focus to research and exploration into potential health risks involving gas stove emissions.4听He noted that the Commission would solicit the public for information about emissions, as well as solutions to mitigate potential risks, in the spring.5听The CPSC wasted no time, placing a notice on the Federal Register seeking public input on potential gas stove hazards and possible solutions (if necessary) at the end of February.6
On March 1, the Commission approved a Request for Information (RFI) on potential hazards of gas stove emissions.7听Commissioner Trumka noted in an accompanying statement that the RFI seeks to explore both problems and solutions 鈥渢o provide consumers with the best available information to keep them and their families safe.”8听The Commission also publicized its approval of the RFI on Twitter, stating that it would announce the opening of the public comment period 鈥渟oon.”9听The comment period opened on March 7, when the CPSC posted on Twitter that it was accepting comments on the RFI submitted through the Federal Register.10听Notably, the published RFI does not cover non-chemical hazards, including fire risks, 鈥渆xcept as relevant to chemical hazard issues.”11听The RFI seeks information on three topics: (1) the 鈥渟cope and scale鈥 of chemical hazards; (2) data sources the CPSC should consider; and (3) proposed solutions related to 鈥渁ny chronic chemical hazards, exposures, and risks associated with gas range use.”12
The RFI asks 鈥渁ll stakeholders鈥 to participate and the industry has already signaled its intent to do so. For example, the National Propane Gas Association published a notice indicating its intent to respond to the RFI because the 鈥淐PSC鈥檚 action likely indicates future agency action on gas ranges.”13听Although the RFI notes that it does not 鈥渃onstitute or propose regulatory action,鈥 the expedition of the RFI to mere weeks after Commissioner Trumka鈥檚 comments appears to reflect the CPSC鈥檚 continued focus on potential hazards in the home.14
This focus on gas range emissions should be familiar to residents of California, where last year regulators approved a ban on the sale of all new natural gas-fired space heaters and water heaters by 2030.15听Starting in 2030, all new furnaces and water heaters sold in the state must be electric rather than gas-powered.16听Nationally, however, public and industry sentiment on changes to the status quo for gas stoves likely will remain highly contentious. If Commissioner Trumka鈥檚 expectation that the RFI will 鈥渟et records for consumer and scientific participation鈥 is correct, the industry can anticipate a proportional response from the Commission.17听Until then, the industry should participate in the RFI, keep an eye on public commentary, and work with counsel and consultants to prepare for the potential changes to gas stove regulations.
1听See Erik K. Swanholt & Kristin McGaver Sikora, What Is Going On With Gas Stoves? (Jan. 27, 2023), /en/insights/publications/2023/01/what-going-on-gas-stoves.
2 Statement of Chair Alexander Hoehn-Saric Regarding Gas Stoves, CPSC (Jan. 11, 2023), .
3 @HoehnSaricCPSC, Twitter (Jan. 11, 2012 7:46 AM), .
4听Id.
5听Id.
6 Ballot Vote Sheet, CPSC (Feb. 22, 2023), .
7 CPSC Approves Request for Information on Gas Stove Hazards and Potential Solutions, CPSC (Mar. 1, 2023), .
8听Id.
9 @USCPSC, Twitter (Mar. 1, 2023 1:15 PM & 1:16 PM), .
10 @USCPSC, Twitter (Mar. 7, 2023 8:09 AM), .
11 Request for Information on Chronic Hazards Associated With Gas Ranges and Proposed Solutions, 88 FR 14150 (Mar. 7, 2023).
12听Id.
13 NGPA to Respond to CPSC Request for Information, NGPA (Mar. 2, 2023), .
14听See Erik Swanholt, Kristin McGaver Sikora, & Evan Hamling, CPSC Focuses on Child Safety in the Home (Jan. 23, 2023), /en/insights/publications/2023/01/cpsc-focuses-child-safety-home.
15 Angel Adegbesan, California moves to ban natural gas furnaces and heaters by 2030, Los Angeles Times (Sept. 23, 2023), .
16听Id.</em>; Ian Cull, California to Phase Out Gas-Fueled Furnaces, Water Heaters by 2030, NBC Bay Area (Sept. 24, 2022), .
17 CPSC Approves Request for Information on Gas Stove Hazards and Potential Solutions, CPSC (Mar. 1, 2023), .