Department of Energy Appliance and Equipment Standards Program

Department of Energy Appliance and Equipment Standards Program

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November 8, 2019
Department of Energy Appliance and Equipment Standards
Program
Congress continues to consider the extent and effectiveness
Covered Products and Covered
of energy efficiency standards. One focus is energy
Equipment
efficiency standards for appliances and equipment.
Energy conservation standards are applicable to covered
products and covered equipment as specified in EPCA.
Overview
Covered products are those consumer products that are
The Department of Energy’s (DOE’s) Appliance and
listed in 42 U.S.C. §6292(a) and include refrigerators,
Equipment Standards Program sets minimum energy
kitchen ranges and ovens, water heaters, dishwashers,
efficiency standards for approximately 60 product
clothes washers and dryers, television sets, general service
categories. The program was authorized in 1975 by the
incandescent lamps, and showerheads. The Secretary may
Energy Policy and Conservation Act (EPCA, P.L. 94-163,
classify additional consumer products as covered products
42 U.S.C. §§6291–6317). Congress has amended EPCA
if necessary and the average annual per-household energy
multiple times, with the significant legislative action related
use by such product is likely to exceed 100 kilowatt-hours
to energy efficiency listed in Table 1. Title III of EPCA, as
per year (42 U.S.C. §6292(b)).
amended, includes minimum efficiency standards for
consumer products and certain industrial equipment.
Covered equipment includes industrial equipment that is
listed in 42 U.S.C. §6311(1). Specified equipment includes
Table 1. Chronology of Significant Legislative Action
electric motors and pumps, commercial refrigerators,
for the Appliance and Equipment Standards Program
automatic commercial ice makers, walk-in freezers, and
commercial clothes washers. If necessary, the Secretary
Date
Action
also may include component parts of consumer products as
December 22, 1975 Energy Policy and Conservation Act
industrial equipment and any other type of industrial
(P.L. 94-163)
equipment as covered equipment (42 U.S.C. §6312).
November 9, 1978
National Energy Conservation Policy
Test Procedures
Act (P.L. 95-619)
Congress specified test procedures for certain products (42
March 17, 1987
National Appliance Energy
U.S.C. §6293) and equipment (42 U.S.C. §6314) and
Conservation Act of 1987 (P.L. 100-
authorized DOE to prescribe test procedures. DOE is
required to review test procedures for covered products and
12)
equipment at least once every seven years.
June 28, 1988
National Appliance Energy
Conservation Amendments of 1988
Energy Efficiency Standards
(P.L. 100-357)
DOE is required to review energy efficiency standards of
covered products (42 U.S.C. §6295(m)(1)) and covered
October 24, 1992
Energy Policy Act of 1992 (P.L. 102-
equipment (42 U.S.C. §6313(a)(6)(C))) no later than six
486)
years after issuance of a final rule. Within this timeframe,
August 8, 2005
Energy Policy Act of 2005 (EPACT
DOE is required to either publish a determination that a
2005) (P.L. 109-58)
standard does not need amending or a notice of proposed
rulemaking (NOPR) including a new proposed standard.
December 19, 2007 Energy Independence and Security Act
of 2007 (EISA 2007) (P.L. 110-140)
New standards must result in significant conservation of
December 18, 2012 American Energy Manufacturing
energy, be technologically feasible, and be economically
Technical Corrections Act (P.L. 112-
justified. “Economically justified” typically includes the
210)
economic impact of the standard on the manufacturers and
consumers, the savings in operating costs throughout the
Source: Adapted from DOE, https://energy.gov/eere/buildings/
life of the product, and the total projected amount of energy
statutory-rules-and-authorities.
savings likely to result from the standard.
Notes: This is not an exhaustive list of laws that amended the
A new or amended standard may not increase the maximum
appliance and equipment standards program.
allowable energy use (or water use, as appropriate), or
decrease the maximum required energy efficiency of a
covered product (42 U.S.C. §6295(o)) or covered
equipment (42 U.S.C. §6313(a)(6)(B)(iii)).
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Department of Energy Appliance and Equipment Standards Program
Standards Development Process
DOE is authorized to grant a waiver of federal preemption
The rulemaking process for developing and revising
for “unusual and compelling State or local energy or water
standards typically takes about three years to complete and
interests” (42 U.S.C. §6297).
consists of four phases: framework, preliminary analysis,
NOPR, and issuance of a final rule.
DOE Proposed Changes to Rulemaking
On February 13, 2019, DOE proposed changes to the
DOE makes documents available and seeks comments
rulemaking procedures for standards and test procedures, or
through all phases until issuance of a final rule. For the
“Process Rule.” (84 Federal Register (FR) 3910) For
framework, preliminary analysis, and NOPR phases, DOE
standards, DOE would establish a “threshold” for energy-
solicits public comment and often holds public meetings
saving that must be met to update or create a standard,
that may allow for remote participation. In the framework
among other changes. The energy-saving “threshold” would
phase, DOE presents the approach and legal authority for
require a standard to save 0.5 quadrillion Btu (quads) over
the process and poses questions to stakeholders. The
30 years or to save 10% of the total site energy used by a
preliminary analysis phase incorporates available
product or equipment type. According to DOE, of the 57
information and presents initial determinations to inform
product/equipment standards that DOE set, the average
the proposed rule. The framework phase and preliminary
national site energy savings is 0.96 quad, and the average
analysis phase are not required by statute. Once DOE issues
percent reduction in national site energy use is 13%. Thirty-
a final rule, the rule typically requires compliance from
two of the 57 standards set by DOE would meet one of the
manufacturers within 3 to 5 years.
proposed threshold conditions. The proposed rule would
also add a requirement that test procedures be established at
Variations to Rulemaking Process
least 180 days before a related standard.
There are variations to the above rulemaking process. DOE
may start the process at the preliminary analysis phase or
DOE also proposed changes to test procedures. DOE would
NOPR phase if it has the necessary data and information to
be required to adopt industry standards for test
conduct its analysis. In lieu of the rulemaking process, DOE
procedures—without modification—unless such standards
may publish a direct final rule that establishes energy
would be “unduly burdensome” or would not produce
conservation standards submitted jointly by stakeholders
results that reflect the energy efficiency, energy use, and
that “are fairly representative of relevant points of view”
estimated operating costs of a product during average use.
(42 U.S.C. §6295(p)(4)).
On May 1, 2019, DOE proposed changes to the test
In addition to these variations, small manufacturers, as
procedure interim waiver process (84 FR 18414). If
defined in 42 U.S.C §6295(t), may apply for a temporary
adopted, the proposed rule would require DOE to respond
exemption of no more than 24 months after the effective
in writing to an applicant (typically a manufacturer) within
date of the rule. The temporary exemption may apply to all
30 days. If DOE does not respond within the 30 days, the
or part of an energy conservation standard.
interim waiver request would be considered granted, and
would remain in effect until a decision is published or until
Compliance and Enforcement
DOE publishes a new or amended test procedure.
DOE requires manufacturers of covered products and
equipment to submit a certification report of energy
On September 5, 2019, DOE withdrew revised definitions
performance before a basic model is distributed in
pertaining to light bulbs that were to go into effect on
commerce, and annually thereafter. DOE conducts selected
January 1, 2020 (84 FR 46830). These definitions would
testing through third-party laboratories to verify energy
have extended energy efficiency standards to a broader set
efficiency performance.
of light bulbs (82 FR 6826, January 19, 2017).
DOE also engages in enforcement activities. Conservation
Issues for Congress
standards cases focus on manufacturers that distribute
Congress is evaluating the potential effects of proposed
products in the United States that, according to DOE, do not
changes to DOE’s Appliance and Equipment Standards
meet required energy standards. Compliance certification
Program. In addition, Congress is addressing standards
cases focus on manufacturers that either have submitted
through legislation. The House Energy and Commerce
invalid compliance certifications or have not certified that
Committee held a hearing on March 7, 2019, regarding
the products have been tested and meet the applicable
DOE’s missed statutory deadlines for updating 16 appliance
energy conservation standards.
standards. DOE’s proposed rulemaking changes, if
implemented, could result in fewer updates to standards as
Other federal agencies also have roles in energy efficiency
updates would depend upon whether an energy-saving
enforcement. The Environmental Protection Agency
threshold would be met. Proposed changes to the test
enforces compliance with product specifications under the
procedure interim waiver process could provide flexibility
ENERGY STAR program. The Federal Trade Commission
for manufacturers but could also result in slower adoption
enforces requirements that the EnergyGuide label
of standards. In the 116th Congress, H.R. 105 would repeal
represents the performance of appliances.
energy conservation standards and rescind the authority for
DOE and states to set energy conservation standards.
Federal Preemption
Federal energy conservation standards, test procedures, and
Corrie E. Clark, Analyst in Energy Policy
label requirements generally supersede state requirements.
IF11354
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Department of Energy Appliance and Equipment Standards Program

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