Department of Energy (DOE)
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: Caroline Davidson-Hood



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:

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: Caroline Davidson-Hood



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:

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

Staff Contact: Laura Petrillo–Groh



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:

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: Caroline Davidson–Hood



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:

Comment Period Close Date: Closed

Where to Comment: EERE-2017-BT-STD-0059

AHRI Comments to Previous Stages of Rulemaking:

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:

Comment Period Close Date: Closed

Where to Comment: EERE-2018-BT-TP-0020

AHRI Comments to Previous Stages of Rulemaking:

Staff Contact: Laura Petrillo-Groh

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