From: Sheri Cleghorn [mailto:CleghornS@energy.wsu.edu]

Sent: Thursday, January 22, 2009 1:31 PM

To: Dickie, John Subject: EISA 2007 inquiry

Hi John

The EERE Information Center received an inqui ry from a manufacturer about EISA of 2007, Section 324 (42USC 6294) on metal halide light fixt ures. He would like to know the procedure for complying to DOE standards for t he circle "E" for metal halide ballasts. He would also like to know if they can self declare and put e-markings on the product themselves or is there a testing procedure involved. Is this something you are able to respond to?

Wayne Powell Quality Control Coordinator Antron Compact Electronics LLC

3401 Avenue D Arlington, TX 76011

Phone: 817-701-1400 E-mail: quality@ace-ballast.com

Thanks,

Sheri Cleghorn

EERE Information Center Office of Energy Efficienc y and Renewable Energy (EERE) U.S. Department of Energy

www.eere.energy.gov 877-337-34631 MEMORANDUM

To: Linda Graves

From: The Metal Halide Lamp Fixtures Rulemaking Team Date: February 27, 2009 Subject: Draft Response to Questions from Wayne Powell, Antron Compact Electronics LLC

Issue:

Wayne Powell, submitted a question via the DOE EE RE Information Center the following question regarding EISA Section 324 (Metal Halide La mp Fixtures) on January 22, 2009:

Mr. Powell would like to know the procedure for complying to DOE standards for the circle "E" lable for metal halide ballasts. He would also like to know if his company can self declare and put E-markings on the product or is there a testing procedure involved.

Context:

Section 324(e) of the Energy Independence and Security Act of 2007 (EISA) amended sections 321

and 325 of EPCA to add definitions and set ener gy conservation standards for metal halide lamp fixtures that became effective on January 1, 2009. EISA also directed the Federal Trade Commission (FTC) to establish labeling requirements of ballasts incorporated into metal halide lamp fixtures and packaging of the fixture.

In the En Masse Technical Amendment Final Rule, DOE will insert the definitions for metal halide lamp fixtures into 10 CFR 431.322 and the energy conservation standards into 10 CFR 431.326. The FTC completed its labeling rulemaking for metal halide lamp fixtures in 2008.

The EISA language concerning energy conservation standards for metal halide fixtures can be found in Appendix A to this memo.

Requested DOE Actions:

1. Review and comment / approve the attached response to Wayne Powell of Antron Compact

Electronics LLC.2 Draft Email Response for DOE review:

Dear Mr. Powell,

Thank you for your email of January 22 nd , 2009 concerning the new regulatory standards for Metal Halide Lamp Fixtures that took effect on January 1, 2009. You may be aware that Department of Energy (DOE) is currently conducting a rulema king addressing test procedure requirements for measuring the performance of ballasts incorporated in to metal halide lamp fixtures. Please visit our website to review material available on line about this rulemaking ( http://www1.eere.energy.gov/buildings/applian ce_standards/commercial/metal_halide_lamp_ball

asts.html ). I will also add you to our interested parties database to make sure you are informed of future developments and opportunities to comment on DOE’s proceedings.

1. How do fixture manufacturers comply with procedures for DOE standards for the circle “E” for

metal halide ballasts?

For ballast efficiency measurements, section 324(c) of the Energy Independence and Security Act of 2007 (EISA) states that “Test procedures for metal halide lamp ballasts shall be based on ANSI Standard C82.6–2005, entitled ‘Ballasts fo r High Intensity Discharge Lamps—Method of Measurement’.” DOE is conducting an active ru lemaking on this Test Procedure to determine its adequacy and accuracy with respect to measurement of metal halide ballast efficiency. Until that rulemaking is complete, manufacturers should look to the statute for guidance on the test procedure, and in this instance, the statute is relatively clear.

For ballast efficiency values, section 324(e) of EISA provides the specific efficiency values for the various types of covered metal halide ballasts. E ISA also establishes certain exclusions from the regulation. Please refer to the statute for these levels and exclusions.

For ballast/package labeling, the Federal Trade Commission (FTC) established requirements for this product in 2008. These requirements are contai ned in two Federal Register notices, 73 FR 39221 (July 9, 2008) and 73 FR 63066 (October 23, 2008). For your convenience, both of these notices are

attached to this email.

2. Can a manufacturer self declare and put E?-markings on the product themselves or is there a testing procedure involved?

As discussed above, DOE is currently developing the test procedure for metal halide lamp ballasts,

based on ANSI C82.6-2005. The current draft ma y change based on interested parties comments received in response to DOE’s notice of proposed ru lemaking (NOPR), so it is uncertain at this time whether third-party testing will be require d. DOE would welcome your comments on this subject, and will notify you as soon as the test procedure NOPR is published and the comment period is open.

Thank you again for your email. I hope my response helps to clarify the issues you raised. We look forward to your comments on the forthcoming NOPR.

Sincerely,

Linda Graves3 Lighting Standards Manager

Attachments.4 Appendix A. EISA 2007 Language on Metal Halide Lamp Fixture Standards

SEC. 324. METAL HALIDE LAMP FIXTURES

( a) DEFINITIONS.—Section 321 of the Energy Poli cy and Conservation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) is amended by adding at the end the following: ‘‘(58) BALLAST.—The term ‘ballast’ means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating. ‘‘(59) BALLAST EFFICIENCY.— ‘‘(A) IN GENERAL.—The term ‘ballast efficiency’ me ans, in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combinat ion, expressed as a percentage, and calculated in accordance with the following formula: Efficiency = Pout/Pin. ‘‘(B) EFFICIENCY FORMULA.—For the purpose of subparagraph (A)— ‘‘(i) Pout shall equal the measured operating lamp wattage; ‘‘(ii) Pin shall equal the measured operating input wattage; ‘‘(iii) the lamp, and the capacitor when the capacito r is provided, shall constitute a nominal system
in accordance with the ANSI Standard C78.43–2004; ‘‘(iv) for ballasts with a frequency of 60 Hz, Pin and Pout shall be measured after lamps have been stabilized according to section 4.4 of ANSI Stan dard C82.6–2005 using a wattmeter with accuracy specified
in section 4.5 of ANSI Standard C82.6–2005; and ‘‘(v) for ballasts with a frequency greater than 60 Hz, Pin and Pout shall have a basic accuracy of ±0.5 percent at the higher of— ‘‘(I) 3 times the output operating frequency of the ballast; or ‘‘(II) 2 kHz for ballast with a frequency greater than 60 Hz. ‘‘(C) MODIFICATION.—The Secretary may, by rule, mo dify the definition of ‘ballast efficiency’ if the Secretary determines that the modification is n ecessary or appropriate to carry out the purposes

of this Act. ‘‘(60) ELECTRONIC BALLAST.—The term ‘electronic ballast’means a device that uses semiconductors as the primary means to control lamp starting and operation. ‘‘(61) GENERAL LIGHTING APPLICATION.—The term ‘general lighting application’ means lighting that provides an interior or exterior area with overall illumination. ‘‘(62) METAL HALIDE BALLAST.—The term ‘metal ha lide ballast’ means a ballast used to start and operate metal halide lamps. ‘‘(63) METAL HALIDE LAMP.—The term ‘metal ha lide lamp’ means a high intensity discharge lamp in which the major portion of the light is pr oduced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. ‘‘(64) METAL HALIDE LAMP FIXTURE.—The term ‘metal halide lamp fixture’ means a light fixture for general lighting application designed to be operated with a metal halide lamp and a ballast for a metal halide lamp. ‘‘(65) PROBE-START METAL HALIDE BALLAST.—Th e term ‘probe-start metal halide ballast’

means a ballast that— ‘‘(A) starts a probe-start metal halide lamp that cont ains a third starting elec trode (probe) in the arc
tube; and ‘‘(B) does not generally contain an igniter but in stead starts lamps with high ballast open circuit voltage. ‘‘(66) PULSE-START METAL HALIDE BALLAST.—5 ‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide ballast’ means an electronic or electromagnetic ballast that starts a pulse-star t metal halide lamp with high voltage pulses. ‘‘(B) STARTING PROCESS.—For the purpose of subparagraph (A)— ‘‘(i) lamps shall be started by first providing a high voltage pulse for ionization of the gas to produce a glow discharge; and ‘‘(ii) to complete the starting process, power shall be provided by the ballast to sustain the discharge through the glow-to-arc transition.’’. (b) COVERAGE.—Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is

amended— (1) by redesignating paragraph (19) as paragraph (20); and (2) by inserting after paragraph (18) the following: ‘‘(19) Metal halide lamp fixtures.’’. (c) TEST PROCEDURES.—Section 323(b) of the En ergy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 301(b)) is amended by adding at the end the following: ‘‘(18) METAL HALIDE LAMP BALLASTS.—Test procedures for metal halide lamp ballasts shall be based on ANSI Standard C82.6–2005, entitled ‘Ballasts for High Intensity Discharge Lamps—

Method of Measurement’.’’. (d) LABELING.—Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended— (1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and (2) by inserting after subparagraph (B) the following: ‘‘(C) METAL HALIDE LAMP FIXTURES.— ‘‘(i) IN GENERAL.—The Commission shall issue labe ling rules under this section applicable to the

covered product specified in section 322(a)(19) and to wh ich standards are applicable under section 325. ‘‘(ii) LABELING.—The rules shall provide that th e labeling of any metal halide lamp fixture

manufactured on or after the later of January 1, 2009, or the date that is 270 days after the date of enactment of

this subparagraph, shall indicate conspicuously, in a manner prescribed by the Commission under

subsection (b) by July 1, 2008, a capital letter ‘E’ printed within a circle on the packaging of the fixture, and

on the ballast contained in the fixture.’’. (e) STANDARDS.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 310) is amended— (1) by redesignating subsecti on (hh) as subsection (ii); (2) by inserting after subsection (gg) the following: ‘‘(hh) METAL HALIDE LAMP FIXTURES.— ‘‘(1) STANDARDS.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) an d (C), metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts

shall contain— ‘‘(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent; ‘‘(ii) a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or ‘‘(iii) a nonpulse-start electronic ballast with— ‘‘(I) a minimum ballast efficiency of 92 percent for wattages greater than 250 watts; and ‘‘(II) a minimum ballast efficiency of 90 percen t for wattages less than or equal to 250 watts.6 ‘‘(B) EXCLUSIONS.—The standards established under subparagraph (A) shall not apply to— ‘‘(i) fixtures with regulated lag ballasts; ‘‘(ii) fixtures that use electronic balla sts that operate at 480 volts; or ‘‘(iii) fixtures that— ‘‘(I) are rated only for 150 watt lamps; ‘‘(II) are rated for use in wet locations, as specifi ed by the National Electrical Code 2002, section 410.4(A); and ‘‘(III) contain a ballast that is rated to operate at ambient air temperatures above 50°C, as specified by UL 1029–2001. ‘‘(C) APPLICATION.—The standards established under subparagraph (A) shall apply to metal halide lamp fixtures

manufactured on or after the later of— ‘‘(i) January 1, 2009; or ‘‘(ii) the date that is 270 days after th e date of enactment of this subsection. ‘‘(2) FINAL RULE BY JANUARY 1, 2012.— ‘‘(A) IN GENERAL.—Not later than January 1, 20 12, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended. ‘‘(B) ADMINISTRATION.—The final rule shall— ‘‘(i) contain any amended standard; and ‘‘(ii) apply to products manufactured on or after January 1, 2015. ‘‘(3) FINAL RULE BY JANUARY 1, 2019.— ‘‘(A) IN GENERAL.—Not later than January 1, 20 19, the Secretary shall publish a final rule to

determine

whether the standards then in effect should be amended. ‘‘(B) ADMINISTRATION.—The final rule shall— ‘‘(i) contain any amended standards; and ‘‘(ii) apply to products manufactured after January 1, 2022. ‘‘(4) DESIGN AND PERFORMANCE REQUIREM ENTS.—Not withstanding any other provision of law, any standard established pursua nt to this subsection may contain both design and performance requirements.’’; and (3) in paragraph (2) of subsection (ii) (as redesignated by paragraph (2)), by striking ‘‘(gg)’’ each place it appears and inserting ‘‘(hh)’’. (f) EFFECT ON OTHER LAW.—Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is amended— (1) in paragraph (8)(B), by striking the pe riod at the end and inserting ‘‘; and’’; and (2) by adding at the end the following: ‘‘(9) is a regulation concerning metal halide la mp fixtures adopted by the California Energy Commission on or before January 1, 2011, except that— ‘‘(A) if the Secretary fails to issue a final rule wi thin 180 days after the deadlines for rulemakings in

section 325(hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission— ‘‘(i) on or before July 1, 2015, if the Secretary fails to meet the deadline specified in section 325(hh)(2); or ‘‘(ii) on or before July 1, 2022, if the Secretary fails to meet the deadline specified in section 325(hh)(3).’’.