DOE Requests Comments on Energy Efficiency Rules for Consumer and Other Products
The Department of Energy has issued a notice requesting comments on existing energy efficiency enforcement regulations for certain consumer products and commercial and industrial equipment covered under the Energy Policy and Conservation Act of 1975. These regulations provide for manufacturer submission of compliance statements and certification reports to DOE, maintenance of compliance records by manufacturers, and the availability of enforcement actions for improper certification or upon a determination of noncompliance.
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Comments are due June 7, 2010. DOE is encouraging interested parties to contact DOE if they would like to meet in person to discuss their comments.
(EPCA authorizes DOE to enforce compliance with the energy and water conservation standards established for certain consumer products and commercial equipment. 42 U.S.C. 6299-6305 (consumer products), 6316 (commercial and industrial equipment).
To ensure that all covered products distributed in the United States comply with DOE’s energy conservation standards, the DOE has promulgated enforcement regulations that include specific certification and compliance requirements.)
DOE Seeks Comments on Current Requirements, Proposed Changes
DOE is seeking comments on its requirements for (1) Certification; (2) Enforcement Testing and Adjudication; (3) Verification Testing; (4) Waivers; and (5) the Application of our Regulations to Distinctive Products.
Certification. DOE requests comments on the following proposed changes to the existing one-time certification requirement for each basic model and related certification issues:
- Establishment of an annual certification requirement similar to the Federal Trade Commission’s reporting requirements under the FTC’s Appliance Labeling Rule;
- Implementation of a recertification requirement when there is a change to a basic model that increases or decreases energy consumption;
- Improvements to the manner in which basic model numbers are designated;
- Needed changes in current sampling plans and reasons why the changes are warranted for a given product;
- Whether all covered products should be required to be independently tested for certification purposes.
- Should DOE continue to allow third parties to submit certification reports?
Enforcement testing and adjudication. DOE is considering revising its enforcement testing and adjudication procedures to allow more flexibility in its initiation of enforcement actions. DOE is seeking comments on the following enforcement and adjudication issues:
Use of DOE facilities for testing and the relationship of DOE testing compared to industry testing;
Initiation of enforcement actions in response to credible information or with reference to a set of established factors, such as history of non-compliance; third party referrals from other federal agencies, advocacy groups, consumers, or competitors; new models or technologies; or other factors that indicate that a model may not comply with the applicable standard.
- The method of selecting units for testing;
- Cost allocation for testing;
- Changes to the current sampling plan;
- The method for apprising manufacturers of enforcement testing steps.
Verification testing. DOE is considering instituting a new requirement for periodic verification testing that would be applicable to all basic models certified with DOE. This requirement would be separate from enforcement testing and would be used to verify that the units distributed into commerce continue to be at the certified levels. DOE is seeking comments on the following conditions and criteria of verification testing:
- The frequency of verification testing, the percentage of models to be tested annually, the level of information to be communicated to DOE, the frequency of testing information being communicated; ramifications for test failure; level of access by DOE to testing;
- Level of independence of testing labs from the manufacturer; role of industry verification programs; requirement of labs to be accredited to international standards; and required conditions to ensure unbiased results;
- Cost of verification testing;
- Random verification testing by DOE in addition to required industry testing.
Waivers. DOE is considering establishing a mandatory waiver requirement when the test procedure does not evaluate energy or water consumption in a representative manner or yields materially inaccurate comparative data and seeks comment on this proposal.
Application of regulations to distinctive products. DOE seeks comments on the following questions related to products that may justify unique approaches to certification, verification, and enforcement:
- How should testing requirements and procedures be applied to products manufactured at low quantities or made-to-order products?
- When products, such as electric motors, are imported into the U.S. as components of other products where the component is not readily accessible, how can DOE best ensure that the components are compliant with U.S. regulations?
DOE contact — Celia Shur (202) 287-6122 or Richard Karney (202) 586-9449.
DOE request for comments and information (RIN 1904-AC23, FR Pub 05/07/10) available at http://edocket.access.gpo.gov/2010/2010-10894.htm.