G/TBT/N/USA/1738  
14 June 2021  
(21-4827) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy (OEERE), 
Department of Energy (DOE) [1767]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Unfired 
hot water storage tanks; Environmental protection (ICS 13.020), Water heating 
equipment (ICS 91.140.65), Domestic, commercial and industrial heating appliances (ICS 
97.100)  
5. Title, number of pages and language(s) of the notified document:  Energ y 
Conservation Program: Energy Conservation Standards for Unfired Hot Water Storage 
Tanks (24 page(s), in English)  
6. Description of content:  Notification of proposed determination and request for 
comment - The Energy Policy and Conservation Act, as amend ed (EPCA),   prescribes 
energy conservation standards for various consumer products and certain commercial 
and industrial equipment, including unfired hot water storage tanks (UFHWSTs). EPCA 
also requires the U.S. Department of Energy (DOE or the Department ) to periodically 
determine whether more -stringent, amended standards would result in significant 
additional conservation of energy, be technologically feasible, and be economically 
justified. After carefully considering the available market and technical information for 
this equipment, DOE has tentatively concluded in this document that it lacks clear and 
convincing evidence that more -stringent standards for UFHWSTs would save a significant 
additional amount of energy and would be economically justified. A s such, DOE has 
initially determined that energy conservation standards for UFHWSTs do not need to be 
amended. DOE requests comment on this notification of proposed determination (NOPD), 
as well as the associated analyses and results.  
DOE will hold a webin ar on Tuesday, 13 July 2021, from 12:00 p.m. to 4:00 p.m. (EST) 
See section VII, "Public Participation," for webinar registration information, participant 
instructions, and information about the capabilities available to webinar participants.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Cost saving and productivity enhancement  G/TBT/N/USA/1738  
 
- 2 - 
 
  8. Relevant documents:   
86 Federal Register (FR) 30796, 10 June 2021; Title 40 Code of Federal Regulations 
(CFR) Part 431:  
https://www.govinfo.gov/content/pkg/FR -2021-06-10/html/2021 -11957.htm  
https://www.govinfo.gov/content/pkg/FR -2021-06-10/pdf/2021 -11957.pdf  
This notification of proposed determination and request for comment is identified by 
Docket Number EERE -2017-BT-STD-0021. The Docket Folder is available on 
Regulations.gov at https://www.regulations.gov/docket/EERE -2017-BT-STD-
0021/document  and provides access to primary documents as well as comments received. 
Documents are also accessible from Regulations.gov  by searching the Docket Number. 
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Commen ts received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders will be shared with the regulator and will also be submitted to the 
Docket  on Regulations.gov if received within the comment period.  
Energy Conservation Program: Energy Conservation Standards for Unfired Hot Water 
Storage Tanks; Request for Information published 9 August 2019 (also identified by 
Docket Number EERE -2017-BT-STD-0021):  
https://www.govinfo.gov/content/pkg/FR -2019-08-09/html/2019 -17084.htm  
https://www.govinfo.gov/content/pkg/FR -2019-08-09/pdf/2019 -17084.pdf  
G/TBT/N/USA/1133/Add.3  issued 20 January 2021 - Energy Conservation Program for 
Appliance Standards: Energy Conser vation Standards for Residential Furnaces and 
Commercial Water Heaters; Withdrawal of Proposed Rulemakings.   The proposed rule for 
commercial water heaters that appeared in the Federal Register on 31 May 2016 at 81 
FR 34440 ( USA/1133 ), was withdrawn as of 15 Janu ary 2021.    
The withdrawal of proposed rulemakings  and previous actions notified under the symbol 
G/TBT/N/USA/1133  are identified by Docket Number EERE -2014-BT-STD-0042.   The 
Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket?D=EERE -2014-BT-STD-0042/document  and 
provides access to primary and supporting documents as well as comments received. 
Documents are also accessible from  Regulations.gov  by searching the Docket Number.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  9 August 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/cr nattachments/2021/TBT/USA/21_4072_00_e.pdf