1 | General Counsel’s Office of Enforcement

Regional Standards 

Enforcement Working Group

Refreshe

Air Co

Regional 
2 | General Counsel’s Office of Enforcement

Relevant History

• Energy Policy and Conservation Act of 1975 ("E

– Title III created energy conservation program for cons

products

– Codified at 42 U.S.C. § 6291, et. seq.

• Energy Independence and Security Act (“EISA 2

– authorized regional standards for furnaces, central air 

conditioners, and heat pumps

• Codified at 42 U.S.C. 6295(o)(6)• DOE issued Direct Final Rule promulgating regio

standards for furnaces and specified central air conditioners in 2011

• Subsequent litigation over furnaces resulted in 

settlement that vacated rule as relates to certain classes of furnaces
3 | General Counsel’s Office of Enforcement

10 C.F.R. 430.32(c)(3):• In addition to meeting the [national standard], [s

system air conditioners] that are manufactured oafter January 1, 2015, and installed in the States Alabama, Arkansas, Delaware, Florida, GeorgiaKentucky, Louisiana, Maryland, Mississippi, NorCarolina, Oklahoma, South Carolina, Tennesseeor Virginia, or in the District of Columbia, shall hSeasonal Energy Efficiency Ratio not less than 

What are the Regional Standards? 
4 | General Counsel’s Office of Enforcement

10 C.F.R. 430.32(c)(4):

In addition to meeting the [national standard], [ssystem air conditioners and single-package air conditioners] that are manufactured on or after J1, 2015, and installed in the States of Arizona, CNevada, or New Mexico shall have a Seasonal EEfficiency Ratio not less than 14 and have an EnEfficiency Ratio (at a standard rating of 95 °F dry outdoor temperature) not less than the following

– split-systems with a rated cooling capacity of less than 

Btu/hr must have an EER of at least 12.2; 

– split-systems with a rated cooling capacity of equal to 

than 45,000 Btu/hr must have an EER of at least 11.7; 

– single-package systems must have an EER of at least 

What are the Regional Standards? (continued)
5 | General Counsel’s Office of Enforcement

• June 28, 2012 DOE issued guidance

– Stated the EISA 2007 amendments to EPCA specifica

compliance date for regional standards to the date of i

– Based upon language from 42 U.S.C. 6295(o)(6)(E):

the base national standard shall “apply to all products 

manufactured or imported into the United States on aneffective date of the standard,” but “[a]ny additional anrestrictive regional standard ... shall apply to any such installed on or after the effective date of the standard...(emphasis added).

Date of installation guidance
6 | General Counsel’s Office of Enforcement

• FTC issued Final Rule regarding the label that w

used on products subject to the regional standaFebruary 6, 2013.

• Federal Register notice included sample Energy 

labels.

FTC Labeling Rule
7 | General Counsel’s Office of Enforcement

• The portion of the rule relating to energy conser

standards for non-weatherized gas furnaces, incmobile home gas furnaces, was vacated and remto DOE for a new notice and comment rulemakinproceeding. 

• DOE agreed to: 

– conduct an administrative proceeding to clarify its proc

related to direct final rules;

– clarify its position regarding its enforcement authority v

distributors; 

– exercise its enforcement discretion by not seeking civi

for violations of the regional air conditioner standards months, so as to alleviate problems related to product through and stranded inventory; and 

– consider a negotiated rulemaking to address enforcem

regional standards for central air conditioners.

Furnace litigation settlement
8 | General Counsel’s Office of Enforcement

• Issued April 24, 2014• DOE stated will not assert civil penalty authority 

violation of the regional standard for central air conditioners, as defined in 10 C.F.R. Part 430, oparties that are distributors, as defined by 42 U.S6291(14).

Distributor policy statement
9 | General Counsel’s Office of Enforcement

• Issued April 24, 2014.• DOE stated that due to the uncertainty created b

litigation and in an exercise of its enforcement dDOE will not seek civil penalties for violations of regional standards applicable to central air condthat occur prior to July 1, 2016, provided that the violations are related to the distribution in comm(including sales by retailers and installation) of umanufactured prior to January 1, 2015. 

• Does not apply to units manufactured on or afte

1, 2015.

18-month grace period
10 | General Counsel’s Office of Enforcement

Questions?