From: Yahraus, Ted [mailto:TYahraus@junolightinggroup.com] 

Sent: Monday, October 27, 2008 3:59 PM 

To: Graves, Linda 

Cc: Geralds, Tony; Harter, Terry; Luby, Susan 

Subject: A few questions on Metal Halide lamp efficiency standards

Good afternoon, Linda!

 

Thanks for hearing of my need for some guidance on a couple of issues regarding the upcoming 

publication of MH efficiency standards, affecting luminaires produced after 1/1/09.

 

I am wondering about:

 

1. What is the DOE view of using ballast components that were themselves in inventory and 

dated as made before 1/1/09, but are then put into luminaires which are then assembled and 

shipped after 1/1/09. Is it acceptable to produce them and not put the circle "E" on them?

 

2. What is the DOE viewpoint on a luminaire manufacturer being allowed to produce luminaires 

after 1/1/09 that have a unique-feature MH ballast (say core-and-coil quadra-volt tapped), that 

doesn't meet the minimum ballast efficiency value, but has no alternative product that can be 

substituted? Can we use the "non-complying" component until a complying replacement is 

found? Otherwise, the entire feature of multi-tap must disappear from the product line.

 

3. What is the enforcement mechanism for the standard? Is it up to the local inspectors, etc, to 

accept or challenge the circle "E" qualification?

 

 

Thanks, Linda, for getting guidance for us as soon as you possibly can. We also are pressed for 

time in acting on our manufacturing bills of materials and purchasing decisions before the 

deadline comes. 

 

We await your reply and thank you for your time,

 

Sincerely,

 

Ted Yahraus, PE, LC

Technical Services Advisor

Juno Lighting Group - Fishers

 

EERE-2008-BT-TP-0017 COMMENT 13
1

MEMORANDUM 

To: Linda Graves 

From: The Metal Halide Ballast Rulemaking Team 

Date: November 12, 2008 

Subject: Response to Questions from Ted Yahraus, Juno Lighting Group 

Issue

Ted Yahraus, Juno Lighting Group, submitted three questions related to Metal Halide Fixtures 

via e-mail on October 27, 2008. These questions were: 

1. What is the DOE view of using ballast components that were themselves in inventory and dated as 

made before 1/1/09, but are then put into luminaires which are then assembled and shipped after 1/1/09. 

Is it acceptable to produce them and not put the circle "E" on them?

 

2. What is the DOE viewpoint on a luminaire manufacturer being allowed to produce luminaires after 

1/1/09 that have a unique-feature MH ballast (say core-and-coil quadra-volt tapped), that doesn't meet the 

minimum ballast efficiency value, but has no alternative product that can be substituted? Can we use the 

"non-complying" component until a complying replacement is found? Otherwise, the entire feature of 

multi-tap must disappear from the product line.

3. What is the enforcement mechanism for the standard? Is it up to the local inspectors, etc, to accept or 

challenge the circle "E" qualification? 

Background Information

Section 324(e) of EISA 2007 (EISA) amended sections 321 and 325 of EPCA to add definitions 

and set energy conservation standards for metal halide lamp fixtures effective January 1, 2009. 

The EISA definitions for metal halide lamp fixtures are added to section CFR 431.322 and the 

energy conservation standards are added to section CRF 431.326. 

The specific language for energy conservation standards for metal halide fixtures from EISA is 

as follows: 

SEC. 324. METAL HALIDE LAMP FIXTURES 

324(a)(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. 

324(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 subsection (hh) as subsection (ii); 

 (2) by inserting after subsection (gg) the following: 

 (hh) METAL HALIDE LAMP FIXTURES.— 

(1) STANDARDS.— 

EERE-2008-BT-TP-0017 COMMENT 13
2

 (A) IN GENERAL.—Subject to subparagraphs (B) and (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 percent for wattages less than or equal to 250 watts. 

(B) EXCLUSIONS.—The standards established under subparagraph (A) shall not apply to— 

(i) fixtures with regulated lag ballasts; 

(ii) fixtures that use electronic ballasts 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 specified 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 the date of enactment of this subsection. 

Furthermore, in EISA: 

324(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 period at the end and inserting ‘‘; and’’; and 

(2) by adding at the end the following: 

(9) is a regulation concerning metal halide lamp 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 within 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 Commission1

The Department of Energy (DOE) is publishing a technical amendment to place the energy 

conservation standards and test procedures, and related definitions, prescribed in EISA for 

certain consumer products and commercial and industrial equipment in the Code of Federal 

Regulations. All consumer products and commercial and industrial equipment covered by the 

technical amendment must, on the date of manufacture, or in the case of imported products, as of 

the date of import, meet the standards set by EISA 2007 and adopted in the CFR by this action. 

Furthermore, the requirements in EISA 2007 apply to the manufacture of covered consumer 

products and commercial and industrial equipment for sale in the 50 states as well as all U.S. 

territories. Energy conservation standards apply to both products manufactured in the U.S. for 

sale in the U.S. as well as products imported in the U.S. 

 

1

EISA thus preempts all states that have previously passed regulations for MH luminaires – except California. The 

California Energy Commission is authorized to implement regulations until 2011. 

EERE-2008-BT-TP-0017 COMMENT 13
3

DOE notes however that while EISA 2007 has prescribed energy conservation standards that will 

apply to products and equipment manufactured on or after the specific dates, manufacturers are 

not subject to DOE’s compliance certification and enforcement programs until DOE promulgates 

the related test procedures for the new covered products and commercial equipment. While 

manufacturers are not subject to DOE certification and enforcement programs until DOE 

promulgates test procedures and related regulations, manufacturers must meet the standards as of 

the effective date of the standards. Manufacturers must, for example, be able to demonstrate that 

their products meet the energy conservation standards or energy design standards set by EISA 

2007. Furthermore, the EPCA, as amended, defines the term “manufacture” as “to manufacture, 

produce, assemble, or import”. 

Therefore, non-compliant metal halide fixture can no longer be manufactured after 

December 31, 2008. Any remaining non-compliant covered (by the energy conservation 

standards) inventory of metal halide fixtures can be sold in the 50 states and U.S. 

territories after January 1, 2009. 

Suggested Answers

1. What is the DOE view of using ballast components that were themselves in inventory and dated as 

made before 1/1/09, but are then put into luminaires which are then assembled and shipped after 1/1/09. 

Is it acceptable to produce them and not put the circle "E" on them?

According to Section 324(e) of EISA, any metal halide fixture (defined as a “...light fixture for 

general lighting application designed to be operated with a metal halide lamp and a ballast for a 

metal halide lamp.”) made, manufactured or assembled on or after January 1, 2009 cannot be 

sold in the 50 states or U.S. territories unless it meets the energy conservation standard for 

covered products. According to Section 324(d)(2)(ii) of EISA, any covered (regulated) metal 

halide fixture sold on or after January 01, 2009 ... “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.” DOE 

recognizes that there may be a stock of non-standards compliant metal halide fixtures in 

inventory and this inventory can be sold without the ‘circle E’ label. However, any covered 

(regulated) metal halide fixtures assembled or manufactured on or after January 1, 2009 must 

comply with the energy conservation standards, and must contain the circle E label on the ballast 

and packing box. This EISA requirement will preclude the use of any non-compliant metal 

halide ballast in covered metal halide fixtures sold on or after January 1, 2009. 

2. What is the DOE viewpoint on a luminaire manufacturer being allowed to produce luminaires after 

1/1/09 that have a unique-feature MH ballast (say core-and-coil quadra-volt tapped), that doesn't meet the 

minimum ballast efficiency value, but has no alternative product that can be substituted? Can we use the 

"non-complying" component until a complying replacement is found? Otherwise, the entire feature of 

multi-tap must disappear from the product line.

According to Section 324(e) of EISA, any metal halide fixture (defined as a “...light fixture for 

general lighting application designed to be operated with a metal halide lamp and a ballast for a 

metal halide lamp.”) made, manufactured or assembled on or after January 1, 2009 cannot be 

sold in the 50 states or U.S. territories unless it meets the energy conservation standard for 

covered products. In EISA for metal halide fixtures, the energy conservation standards is 

EERE-2008-BT-TP-0017 COMMENT 13
4

performance based (e.g., there is no prescriptive requirements) for meeting the minimum ballast 

efficiency for pulse-start metal halide ballast, magnetic probe-start ballast and nonpulse-start 

electronic ballasts. Given that a core-and-coil metal halide ballast is a pulse-start type ballast and 

is thus included in these ballast types, and that a ‘multi-tap’ is a special feature of the core-andcoil types, this metal halide ballast would be considered covered equipment and must meet the 

energy conservations standards in EISA Section 324. 

3. What is the enforcement mechanism for the standard? Is it up to the local inspectors, etc, to accept or 

challenge the circle "E" qualification?

Section 324(d)(2)(ii) of EISA “LABELING” states the following; 

The rules shall provide that the 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.’’

The encircled capital letter “E” (i.e., circle “E”) is a Federal Trade Commission (FTC) 

requirement for metal halide fixtures product packaging, ballast contained in the fixture and all 

advertising/marketing materials (point of purchase merchandising, catalogs, manufacturer 

website content, etc.) that the product meets applicable DOE energy conservation standards and 

is consistent with the labeling requirements for other lighting products. Therefore, the covered 

metal halide fixtures (150w –500w) manufactured on/after January 1, 2009 will require the circle 

E identification mark. 

In the Federal Trade Commission (FTC) 16 CFR Part 305 “Final Rule Concerning Disclosures 

Regarding Energy consumption and Water Use of Certain Home Appliances and Other Products 

Required under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)”( Federal 

Register / Vol. 73, No. 132 / Wednesday, July 9, 2008), the FTC final rule amendments: (1) 

insert metal halide lamp fixtures into the list of covered products at Section 305.2 and include 

metal halide lamp fixtures in the descriptions of covered products at Section 305.3. 6; (2) require 

that the circle “E” be clearly and conspicuously disclosed in color-contrasting ink on the label of 

metal halide lamp fixture packages and the ballasts contained in those fixtures; (3) require retail 

catalog sellers to include the circle “E” in their descriptions of metal halide lamp fixtures. The 

final amendments also require the circle “E” disclosures in point of sale promotional material as 

required for other covered products; and (4) consistent with requirements for other covered 

products, the final amendments add reporting requirements for metal halide lamp fixtures to 

section 305.8 of the Rule. 

As part of the overall national regulatory program, manufacturers of covered and regulated 

products and equipment must report to DOE that the products and equipment they manufacture 

are in compliance with the applicable energy conservation standards. Title III of the Energy 

Policy and Conservation Act (42 U.S.C. 6291 et seq.; EPCA or the Act) sets forth a variety of 

provisions designed to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) 

establishes the “Energy Conservation Program for Consumer Products Other than Automobiles,” 

which covers certain products, including “metal halide lamp fixtures.” 

EERE-2008-BT-TP-0017 COMMENT 13
5

The testing requirements for metal halide ballasts consist of DOE test procedures, adopted 

pursuant to EPCA, that manufacturers of covered equipment must use as the basis for 

establishing and certifying to DOE that their equipment complies with applicable energy 

conservation standards promulgated under EPCA and for representing the efficiency of this 

equipment. Similarly, DOE must use these test procedures to determine whether the equipment 

complies with EPCA standards. Thus, DOE reserves the right to conduct independent testing of 

covered products and equipment. The results of this testing would serve as the basis for any 

enforcement actions related to the application of these metal halide ballast test procedures. 

Therefore, if anyone suspects that a metal halide ballast is not compliant, they are free to contact 

DOE. As a matter of practicality however, an inspection would most likely take place at the time 

the ballast was incorporated into the fixture or when the fixture was unpacked from the box 

(containing the circle E). It is less likely that an inspector would observe the ‘circle E’ on the 

ballast once the fixture was assembled and/or installed. 

EERE-2008-BT-TP-0017 COMMENT 13