Department of Energy
Amendments to Streamline the Test Procedure Interim Waiver Process
Summary: The U.S. Department of Energy (DOE) published a Notice of Proposed Rulemaking (NOPR) on the Test Procedure Interim Waiver Process, which allows manufacturers to request an interim waiver for products containing a design characteristic that prevents the test procedures from producing an accurate energy consumption result and provides materially inaccurate comparative data. The proposed rule will amend the current test procedure interim waiver process requirements for products covered under the Energy Policy and Conservation Act (EPCA) to require a response by DOE within 30 business days of receiving the interim waiver request.
Currently, DOE is only required to provide a response within 30 business days of the interim waiver request “if administratively feasible.” Under the proposed rule, the specification of “if administratively feasible” is eliminated and if DOE fails to meet the 30 business day requirement, the request for an interim waiver is deemed to be granted. In addition, under the proposed rule, DOE will have the discretion to provide a grace period of 180 days for the manufacturer to use the alternate test procedure, if DOE denies the petition for waiver or grants the petition with a different alternate test procedure.
Type of Regulation: Interim Test Procedure Waiver Process
Rulemaking Link: Rulemaking Webpage
Docket ID: EERE-2019-BT-NOA-0011
Updates:
- Posted: July 22, 2019 — Proposed rule; re-opening of public comment period
- Posted: June 26, 2019 — Notice of webinar and extension of public comment period
- Posted: May 1, 2019 — Notice of proposed rulemaking; request for comment
Comment Period Close Date: Closed
AHRI Comments to Previous Stages of Rulemaking:
- 2019-07-15 — AHRI comment response to the published notice of proposed rule
Where to Comment: EERE-2019-BT-NOA-0011
Staff Contact: Marie Carpizo.
Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products
Summary: The U.S. Department of Energy (DOE) has published a Federal Register notice of proposed rulemaking (NOPR) to streamline and modernize the so-called “Process Rule.” The proposal would substantially improve the agency’s process for setting energy efficiency standards and test procedures for residential appliances and commercial equipment, enhancing transparency, accountability, and regulatory certainty for stakeholders.
Type of Regulation: Process Rule
Rulemaking Link: Rulemaking Webpage
Docket ID: EERE-2017-BT-STD-0062
Updates:
- Posted: February 14, 2020 — Final rule
- Posted: February 14, 2020 — Supplemental notice of proposed rulemaking
- Posted: August 19, 2019 — Notice of re-opening of public comment period
- Posted: July 26, 2019 — Notice of data availability
- Posted: April 2, 2019 — Notice of public meeting and webinar and extension of public comment period
- Posted: February 13, 2019 — NOPR announcement of March 21, 2019 public meeting, and request for comment
- Posted: February 7, 2018 — Notice of comment period extension
- Posted: December 18, 2017 — Request for Information (RFI) and notification of public meeting
Comment Period Close Date: August 30, 2019
Where to Comment: EERE-2017-BT-STD-0062
AHRI Comments to Previous Stages of Rulemaking:
- 2019-09-03 — Joint comment response on notice of data availability
- 2019-05-06 — AHRI test procedure process rule comments
- 2019-05-06 — Joint comment response to published RFI
- 2018-03-02 — Joint comment response to RFI and notice of public meeting
- 2018-01-29 — Joint request for 30-day extension to comment period
Staff Contact: Marie Carpizo.
Import Declaration
Summary: This rulemaking will provide DOE an automated mechanism to advise U.S. Customs and Border Protection (CBP) of imports that do not comply with energy conservation standards and/or to advise CBP of DOE's recommendation for conditional release of goods.
Type of Regulation: Energy Conservation Standard
Rulemaking Link: Rulemaking Webpage
Docket ID: EERE-2015-BT-CE-0019
UPDATES:
- Posted: May 16, 2016: Notice of reopening of comment period
- Posted: March 7, 2016: Notice of extension of comment period
- Posted: February 2, 2016: Notice of public meeting and reopening of comment period
- Posted: December 29, 2015: Notice of proposed rulemaking
Comment Period Close Date: Closed
Where to Comment: EERE-2015-BT-CE-0019
AHRI Comments to Previous Stages of Rulemaking:
- 2016-06-15 — AHRI additional comments
- 2016-06-10 — Joint comment response to the notice of reopening of comment period
- 2016-03-14 — Joint comment response to NOPR
- 2016-03-14 — Comment response to NOPR
- 2016-02-12 — Stakeholder questions to DOE
- 2016-01-07 — Stakeholder request for public meeting
Rule Establishing Procedures for Requests for Correction of Errors in Rules
Summary: The DOE established a procedure through which an interested party can, within a 30-day period after DOE posts a rule establishing or amending an energy conservation standard, identify a possible error in such a rule and request that DOE correct the error before the rule is published in the Federal Register.
Type of Regulation: Process
Docket ID: EERE-2016-BT-PET-0016
UPDATES:
- Posted: August 10, 2016: DOE response to petitions to amend error correction rule
- Posted: May 5, 2016: Final Rule
- Posted: May 5, 2016: Opportunity to petition
Comment Period Close Date: June 20, 2016, Closed
Where to Comment: EERE-2016-BT-PET-0016
AHRI Comments to Previous Stages of Rulemaking:
- 2016-06-20 – Joint comment response to published notice of opportunity to petition
- 2016-06-06 – Comment response to published notice of opportunity to petition
Staff Contact: Marie Carpizo.
Energy Conservation Program: Energy Conservation Standards Program Design
Summary: The U.S. Department of Energy (DOE) is evaluating the potential use of some form of a market-based approach, such as an averaging, trading, fee-based or other type of market-based policy mechanism, for the U.S. Appliance and Equipment Energy Conservation Standards (ECS) program.
Type of Regulation: Energy Conservation Program
Rulemaking Link: Rulemaking Webpage
Docket ID: EERE-2017-BT-STD-0059
UPDATES:
- Posted: February 23, 2018 — Notice of comment period extension
- Posted: November 28, 2017 — Request for information (RFI)
Comment Period Close Date: Closed
Where to Comment: EERE-2017-BT-STD-0059
AHRI Comments to Previous Stages of Rulemaking:
- 2018-03-26 — Joint comment response to published RFI
- 2018-03-26 — Comment response to RFI
Staff Contact: Marie Carpizo
Measurement of Average Use Cycles or Periods of Use in DOE Test Procedures
Summary: The Department of Energy (DOE) is seeking information on the measurement of average use cycles or periods of use in DOE test procedures. DOE seeks data to better understand whether there are provisions in the Department’s test procedures for consumer appliances and industrial equipment that could be improved to produce results that are more representative of average use cycles or periods of use. For all existing test procedures, the Department is interested in identifying specific instances in which its test procedures’ methods of measuring energy use have become unnecessarily complex, potentially incorporating the testing of modes and/or functions that do not, in fact, produce results that are representative of average use cycles or periods of use.
Type of Regulation: Test Procedures
Docket ID: EERE-2018-BT-TP-0020
Updates:
- Posted: May 8, 2019 — Extension of public comment period
- Posted: March 18, 2019 — Notice of request for information
Comment Period Close Date: Closed
Where to Comment: EERE-2018-BT-TP-0020
AHRI Comments to Previous Stages of Rulemaking:
- 2019-05-31 — Comment response to RFI
- 2019-05-31 — Joint comment response to published RFI