[6450-01-P] 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EE–2006–STD–0131] 

RIN 1904–AA92 

Energy Conservation Program: Energy Conservation Standards for General Service 

Fluorescent Lamps and Incandescent Reflector Lamps 

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. 

ACTION: Notice of proposed rulemaking and public meeting. 

SUMMARY: The Energy Policy and Conservation Act (EPCA) prescribes energy conservation 

standards for various consumer products and commercial and industrial equipment, including 

general service fluorescent lamps (GSFL) and incandescent reflector lamps (IRL), and the statute 

also requires the Department of Energy (DOE) to subsequently determine whether more 

stringent, amended standards for GSFL and IRL would be technologically feasible and 

economically justified, and would save a significant amount of energy. In addition, EPCA 

directs DOE to consider adoption of standards for additional GSFL not already covered by 

EPCA-prescribed standards. In this notice, DOE proposes amended energy conservation 

standards for certain GSFL and IRL and new energy conservation standards for certain 

1

EE-2006-STD-0131 COMMENT 31.2
additional GSFL not currently covered by standards. DOE also is announcing a public meeting 

to receive comment on its proposal and related issues. 

DATES: DOE will hold a public meeting on Tuesday, February 3, 2009, from 9:00 a.m. to 5:00 

p.m., in Washington, DC. DOE must receive requests to speak at the public meeting before 4:00 

p.m., Tuesday, January 27, 2009. DOE must receive a signed original and an electronic copy of 

any statements to be made at the public meeting before 4:00 p.m., Tuesday, January 27, 2009. 

 DOE will accept comments, data, and information regarding this notice of proposed 

rulemaking (NOPR) before and after the public meeting, but no later than [INSERT DATE 60 

DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. See section 

VIII, “Public Participation,” of this NOPR for details. 

ADDRESSES: The public meeting will be held at the U.S. Department of Energy, Forrestal 

Building, Room 1E-245, 1000 Independence Avenue, SW., Washington, DC, 20585-0121. 

Please note that foreign nationals visiting DOE Headquarters are subject to advance security 

screening procedures. If you are a foreign national and wish to participate in the workshop, 

please inform DOE of this fact as soon as possible by contacting Ms. Brenda Edwards at (202) 

586-2945 so that the necessary procedures can be completed. 

Any comments submitted must identify the NOPR for Energy Conservation Standards for 

Lighting Products, and provide the docket number EE-2006–STD–0131 and/or regulatory 

2

EE-2006-STD-0131 COMMENT 31.2
information number (RIN) number 1904-AA92. Comments may be submitted using any of the 

following methods: 

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for 

submitting comments. 

E-mail: fluorescent_and_incandescent_lamps.rulemaking@ee.doe.gov. Include the docket 

number EE-2006-STD-0131and/or RIN 1904-AA92 in the subject line of the message. 

Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies 

Program, Mailstop EE-2J, 1000 Independence Avenue, SW, Washington, DC, 20585-0121. 

Please submit one signed paper original. 

Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building 

Technologies Program, 950 L’Enfant Plaza, SW, Suite 600, Washington, DC, 20024. 

Telephone: (202) 586-2945. Please submit one signed paper original. 

 

 For detailed instructions on submitting comments and additional information on the 

rulemaking process, see section VIII of this document (Public Participation). 

 Docket: For access to the docket to read background documents or comments received, 

visit the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 

L’Enfant Plaza, SW, Suite 600, Washington, DC, (202) 586-2945, between 9:00 a.m. and 4:00 

p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards at the 

above telephone number for additional information regarding visiting the Resource Room. 

3

EE-2006-STD-0131 COMMENT 31.2
FOR FURTHER INFORMATION CONTACT: 

 Ms. Linda Graves, U.S. Department of Energy, Office of Energy Efficiency and 

Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW, 

Washington, DC, 20585-0121. Telephone: (202) 586-1851. E-mail: Linda.Graves@ee.doe.gov. 

 Mr. Eric Stas or Ms. Francine Pinto, U.S. Department of Energy, Office of the General 

Counsel, GC-72, Forrestal Building, Mail Station GC-72, 1000 Independence Avenue, SW., 

Washington, DC, 20585-0121. Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov or 

Francine.Pinto@hq.doe.gov. 

 For information on how to submit or review public comments and on how to participate 

in the public meeting, contact Ms. Brenda Edwards, U.S. Department of Energy, Office of 

Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 

Independence Avenue, SW, Washington, DC, 20585-0121. Telephone: (202) 586-2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of the Proposed Rule 

II. Introduction 

A. Consumer Overview 

B. Authority 

C. Background 

1. Current Standards 

2. History of Standards Rulemaking for General Service Fluorescent Lamps, Incandescent 

Reflector Lamps, and General Service Incandescent Lamps 

III. Issues Affecting the Scope of this Rulemaking 

A. Additional General Service Fluorescent Lamps for Which DOE is Proposing Standards 

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EE-2006-STD-0131 COMMENT 31.2
1. Scope of EPCA Requirement that DOE Consider Standards for Additional Lamps 

2. Identification of the Additional Lamps for Which DOE Proposes Standards 

a. Coverage of T5 Lamps 

b. Extension of Lamp Wattage Ranges 

3. Summary GSFL Lamps to Which DOE Proposes to Extend Coverage 

B. Exempted 65 Watt Bulge Reflector Lamp 

C. Amended Definitions 

1. “Rated Wattage” 

2. “Colored Fluorescent Lamp” 

D. Off Mode and Standby Mode Energy Consumption Standards 

E. Color Rendering Index Standards for General Service Fluorescent Lamps 

IV. General Discussion 

A. Test Procedures 

B. Technological Feasibility 

1. General 

2. Maximum Technologically Feasible Levels 

C. Energy Savings 

1. Determination of Savings 

2. Significance of Savings 

D. Economic Justification 

1. Specific Criteria 

a. Economic Impact on Manufacturers and Consumers 

b. Life-Cycle Costs 

c. Energy Savings 

d. Lessening of Utility or Performance of Products 

e. Impact of Any Lessening of Competition 

f. Need of the Nation to Conserve Energy 

g. Other Factors 

2. Rebuttable Presumption 

V. Methodology and Discussion of Comments 

A. Product Classes 

1. General Service Fluorescent Lamps 

a. T12 and T8 Lamps 

b. T5 Lamps 

c. Correlated Color Temperature 

2. Incandescent Reflector Lamps 

a. Modified-Spectrum Lamps 

b. Long-Life Lamps 

c. Lamp Diameter 

d. Voltage 

B. Screening Analysis 

1. General Service Fluorescent Lamps 

a. Higher-Efficiency Lamp Fill Gas Composition 

b. Higher-Efficiency Phosphors 

c. Glass Coating 

d. Lamp Diameter 

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EE-2006-STD-0131 COMMENT 31.2
e. Multi-Photon Phosphors 

2. Incandescent Reflector Lamps 

C. Engineering Analysis 

1. Approach 

2. Representative Product Classes 

3. Baseline Lamps and Systems 

a. General Service Fluorescent Lamps 

b. Incandescent Reflector Lamps 

4. Lamp and Lamp-and-Ballast Designs 

a. General Service Fluorescent Lamps 

b. Incandescent Reflector Lamps 

5. Efficiency Levels 

a. General Service Fluorescent Lamps 

i. Revisions to ANOPR Efficiency Levels 

ii. Four-Foot T5 Miniature Bipin Efficiency Levels 

b. Incandescent Reflector Lamps 

6. Engineering Analysis Results 

a. General Service Fluorescent Lamps 

b. Incandescent Reflector Lamps 

7. Scaling to Product Classes Not Analyzed 

a. General Service Fluorescent Lamps 

i. Correlated Color Temperature 

ii. U-Shaped Lamps 

b. Incandescent Reflector Lamps 

i. Modified-Spectrum IRL 

ii. Lamp Diameter 

iii. Voltage 

D. Life-Cycle Cost and Payback Period Analyses 

1. Consumer Product Price 

2. Sales Tax 

3. Installation Costs 

4. Disposal Costs 

5. Annual Operating Hours 

a. Sectors Analyzed 

b. Regional Variation 

c. Building Type 

6. Product Energy Consumption Rate 

7. Electricity Prices 

8. Electricity Price Trends 

9. Lifetime 

a. Ballast Lifetime 

b. Lamp Lifetime 

10. Discount Rates 

11. Analysis Period 

12. Effective Date 

13. Payback Period Inputs 

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EE-2006-STD-0131 COMMENT 31.2
14. Lamp Purchase Events 

E. National Impact Analysis–National Energy Savings and Net Present Value Analysis 

1. General 

a. Overview of NIA Changes in This Notice 

2. Shipments Analysis 

a. Lamp Inventory 

b. Shipments Growth 

i. Floor Space and Building Growth 

ii. Lamps per Household 

iii. Wider Spacing of More-Efficient Fixtures 

c. Base-Case Scenarios: Emerging Technologies and Existing Technologies 

i. General Service Fluorescent Lamps 

ii. Incandescent Reflector Lamps 

d. Fluorescent Market Sectors Analyzed 

e. GSFL Product Migration 

i. Ballast Rule Effective Start Date 

ii. Four-Foot Medium Bipin T12 Lamp Replacements 

iii. Eight-Foot Single Pin Slimline T12 Lamp Replacements 

iv. Four-Foot T5 Lamps 

3. Base-Case Market-Share Matrices 

a. General Service Fluorescent Lamps 

b. Incandescent Reflector Lamps 

4. GSFL Standards-Case Shipment Scenarios and Forecasts 

a. Shift/Roll-Up Scenarios 

b. Lighting Expertise Scenarios 

c. Voluntary Retrofits 

5. IRLStandards-Case Shipment Scenarios and Forecasts 

i. Shift/Roll-Up Scenarios 

ii. Product-Substitution Scenarios 

6. Other Inputs 

a. Analysis Period 

b. Total Installed Cost 

c. Electricity Price Forecast 

d. Energy Site-to-Source Conversion 

e. HVAC Interaction Factor 

f. Rebound Effect 

g. Discount Rates 

F. Consumer Subgroup Analysis 

G. Manufacturer Impact Analysis 

1. Overview 

a. Phase 1, Industry Profile 

b. Phase 2, Industry Cash-Flow Analysis 

c. Phase 3, Subgroup Impact Analysis 

2. Discussion of Comments 

3. Government Regulatory Impact Model Analysis 

4. Manufacturer Interviews 

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EE-2006-STD-0131 COMMENT 31.2
a. Key Issues 

i. GSFL 

ii. IRL 

b. Government Regulatory Impact Model Scenarios and Key Inputs 

i. GSFL Base-Case Shipment Forecast 

ii. IRL Base Case Shipments Forecast 

iii. GSFL Standards Case Shipments Forecast 

iv. IRL Standards-Case Shipments Forecast 

v. Manufacturing Production Costs 

vi. Amended Energy Conservation Standards Markup Scenarios 

vii. Product and Capital Conversion Costs 

H. Employment Impact Analysis 

I. Utility Impact Analysis 

J. Environmental Analysis 

VI. Analytical Results 

A. Trial Standard Levels 

1. General Service Fluorescent Lamps 

2. Incandescent Reflector Lamps 

B. Economic Justification and Energy Savings 

1. Economic Impacts on Consumers 

a. Life-Cycle Cost and Payback Period 

i. General Service Fluorescent Lamps 

ii. Incandescent Reflector Lamps 

b. Consumer Subgroup Analysis 

i. Low-Income Households 

ii. Institutions of Religious Worship 

iii. Institutions That Serve Low-Income Populations 

iv. Historical Facilities 

v. Consumers of T12 electronic ballasts 

2. Economic Impacts on Manufacturers 

a. Industry Cash-Flow Analysis Results 

i. General Service Fluorescent Lamps 

ii. Incandescent Reflector Lamps 

b. Cumulative Regulatory Burden 

c. Impacts on Employment 

d. Impacts on Manufacturing Capacity 

e. Impacts on Manufacturer Subgroups 

3. National Impact Analysis 

a. Significance of Energy Savings 

b. Net Present Value 

c. Impacts on Employment 

4. Impact on Utility or Performance of Products 

5. Impact of Any Lessening of Competition 

6. Need of the Nation to Conserve Energy 

C. Proposed Standard 

1. Overview 

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EE-2006-STD-0131 COMMENT 31.2
2. General Service Fluorescent Lamps Conclusion 

a. Trial Standard Level 5 

b. Trial Standard Level 4 

c. Trial Standard Level 3 

3. Incandescent Reflector Lamps Conclusion 

a. Trial Standard Level 5 

b. Trial Standard Level 4 

VII. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility Act 

C. Review Under the Paperwork Reduction Act 

D. Review Under the National Environmental Policy Act 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates Reform Act of 1995 

H. Review Under the Treasury and General Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under the Information Quality Bulletin for Peer Review 

VIII. Public Participation 

A. Attendance at Public Meeting 

B. Procedure for Submitting Requests to Speak 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

IX. Approval of the Office of the Secretary 

Acronyms and Abbreviations 

ACEEE American Council for an Energy Efficiency Economy 

AEO Annual Energy Outlook 

ANOPR advance notice of proposed rulemaking 

ANSI American National Standards Institute 

ASAP Appliance Standards Awareness Project 

ASE Alliance to Save Energy 

BF ballast factor 

BLS Bureau of Labor Statistics 

BPAR bulged parabolic aluminized reflector 

BR bulged reflector (reflector lamp shape) 

BT Building Technologies Program 

BTU British Thermal Unit 

CAIR Clean Air Interstate Act 

CAMR Clean Air Mercury Rule 

CBECS Commercial Buildings Energy Consumption Survey 

CCT correlated color temperature 

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EE-2006-STD-0131 COMMENT 31.2
CFR Code of Federal Regulations 

CFL compact fluorescent lamp 

CIE International Commission on Illumination 

CMH ceramic metal halide 

CO2 carbon dioxide 

CRI color rendering index 

CSL candidate standard level 

DIY do-it-yourself 

DOE U.S. Department of Energy 

DOJ U.S. Department of Justice 

E26 Edison screw-base (incandescent lamp base type) 

EERE Office of Energy Efficiency and Renewable Energy 

EIA Energy Information Administration 

EISA 2007 Energy Independence and Security Act of 2007 

EL efficacy level 

EPA Environmental Protection Agency 

EPACT 1992 Energy Policy Act of 1992 

EPACT 2005 Energy Policy Act of 2005 

EPCA Energy Policy and Conservation Act 

ER elliptical reflector (reflector lamp shape) 

FEMP Federal Energy Management Program 

FR Federal Register 

FTC Federal Trade Commission 

GE General Electric Lighting and Industrial 

GRIM Government Regulatory Impact Model 

GSFL general service fluorescent lamp 

GSIL general service incandescent lamp 

GW gigawatt 

Hg mercury 

HID high-intensity discharge 

HIR halogen infrared reflector 

HO high output 

HVAC Heating, Ventilating and Air-Conditioning 

IESNA Illuminating Engineering Society of North America 

ImSET Impact of Sector Energy Technologies 

INPV industry net present value 

I-O input-output 

IPCC Intergovernmental Panel on Climate Change 

IR Infrared 

IRFA initial regulatory flexibility analysis 

IRL incandescent reflector lamp 

K degrees Kelvin 

kt kilotons 

LCC life-cycle cost 

LED Light-Emitting Diode 

LMC U.S. Lighting Market Characterization Volume I 

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EE-2006-STD-0131 COMMENT 31.2
Lm/W lumens per watt 

MBP medium bipin 

MECS Manufacturer Energy Consumption Survey (MECS) 

MIA Manufacturer Impact Analysis 

MMt million metric tons 

Mt metric tons 

MW megawatts 

NAICS North American Industry Classification System 

NCLC National Consumer Law Center 

NEEP Northeast Energy Efficiency Partnership 

NEMA National Electrical Manufacturers Association 

NEMS National Energy Modeling System 

NEMS-BT National Energy Modeling System – Building Technologies 

NES national energy savings 

NIA National Impact Analysis 

NIST National Institute of Standards and Technology 

NOPR notice of proposed rulemaking 

NOx nitrogen oxides 

NPCC Northwest Power and Conservation Council 

NPV net present value 

NRDC Natural Resources Defense Council 

NVLAP National Voluntary Laboratory Accreditation Program 

OEM Original Equipment Manufacturer 

OIRA Office of Information and Regulatory Affairs 

OMB U.S. Office of Management and Budget 

PAR parabolic aluminized reflector (reflector lamp shape) 

PBP payback period 

PG&E Pacific Gas and Electric 

quad quadrillion BTU 

R reflector (reflector lamp shape) 

R-CFL reflector compact fluorescent lamp 

R&D research and development 

RDC recessed double contact 

RECS Residential Energy Consumption Survey 

RIA regulatory impact analysis 

RoHS Restriction on Hazardous Substances directive 

SBA Small Business Administration 

SCF Survey of Consumer Finances 

SEC Securities and Exchange Commission 

SEL spectrally-enhanced lighting 

SG&A selling, general, and administrative costs 

SO standard output 

SO2 sulfur dioxide 

SP single pin 

S&P Standard & Poor’s 

T8, T10, T12 tubular fluorescent lamps, diameters of 1, 1.25 or 1.5 inches, respectively 

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EE-2006-STD-0131 COMMENT 31.2
TSD technical support document 

TSL trial standard level 

TWh terawatt-hour 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

UV ultraviolet 

V volts 

VHO very high output 

W watts 

I. Summary of the Proposed Rule 

 The Energy Policy and Conservation Act (EPCA or the Act) (42 U.S.C. 6291 et seq.), as 

amended, requires DOE to consider whether to amend the existing energy conservation standards 

for GSFL and IRL, and to also consider whether to adopt new energy conservation standards for 

additional types of GSFL beyond those already covered by EPCA-prescribed standards. (42 

U.S.C. 6295(i)(3)-(5)) The Act also specifies that any new or amended energy conservation 

standard DOE prescribes for certain consumer and/or commercial products, such as GSFL and 

IRL, shall be designed to “achieve the maximum improvement in energy efficiency . . . which 

the Secretary determines is technologically feasible and economically justified.” (42 U.S.C. 

6295(o)(2)(A); 6316(a)) Furthermore, the new or amended standard must “result in significant 

conservation of energy.” (42 U.S.C. 6295(o)(3)(B); 6316(a)) In accordance with these and other 

statutory provisions discussed in this notice, DOE proposes new and amended energy 

conservation standards for GSFL and IRL, as shown in Table I.1 and Table I.2. The proposed 

standards would apply to all products listed in Table I.1 and Table I.2 that are manufactured in or 

imported into the United States on or after June 30, 2012. 

Table I.1 Summary of the Proposed Energy Conservation Standards for General Service 

Fluorescent Lamps 

 Correlated Proposed Level Percent Increase Over 

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EE-2006-STD-0131 COMMENT 31.2
Lamp Type Color 

Temperature 

lm/W Current Standards or 

Baseline 

4-Foot Medium Bipin 4,500K 84 12% 

> 4,500K 78 4% 

2-Foot U-Shaped 4,500K 78 15% / 22%* 

> 4,500K 73 7% / 14%* 

8-Foot Slimline 4,500K 95 19% 

> 4,500K 91 14% 

8-Foot High Output 4,500K 88 10% 

> 4,500K 84 5% 

4-Foot Miniature 

Bipin Standard Output 

4,500K 103 20% 

> 4,500K 97 13% 

4-Foot Miniature 

Bipin High Output 

4,500K 89 16% 

> 4,500K 85 10% 

* For these product classes, EPCA has different efficacy standards for lamps with wattages less 

than 35W and greater than or equal to 35W. 

Table I.2 Summary of the Proposed Energy Conservation Standard for IRL 

Lamp Type Diameter Voltage Proposed Level 

lm/W 

Percent 

Increase Over 

Current 

Standards or 

Baseline 

Standard Spectrum 

40W-205W 

> 2.5 inches  125 7.1P0.27 69%-100% 

< 125 6.2P0.27 47%-75% 

2.5 inches  125 6.3P0.27 50%-78% 

< 125 5.5P0.27 31%-55% 

Modified Spectrum 

40W-205W 

> 2.5 inches  125 5.8P0.27 38%-63% 

< 125 5.0P0.27 19%-41% 

2.5 inches  125 5.1P0.27 21%-44% 

< 125 4.4P0.27 7%-27% 

Note: P is equal to the rated lamp wattage, in watts. 

 DOE’s analyses indicate that the proposed standards would save a significant amount of 

energy – an estimated 3.2 to 7.3 quads (for GSFL) and 1.3 to 2.3 quads (for IRL) of cumulative 

energy over 31 years (2012–2042). The economic impacts on most GSFL and all IRL individual 

and commercial consumers (i.e., the average life-cycle cost (LCC) savings) are positive. 

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EE-2006-STD-0131 COMMENT 31.2
 The cumulative national net present value (NPV) of total consumer costs and savings of 

the proposed standards from 2012 to 2042 in 2007$ ranges from $3.2 billion (at a 7-percent 

discount rate) to $25.7 billion (at a 3-percent discount rate) for GSFL. For IRL, the NPV from 

2012 to 2042 in 2007$ ranges from $3.7 billion (at a 7-percent discount rate) to $14.0 billion (at 

a 3-percent discount rate). This is the estimated total value of future operating-cost savings 

minus the estimated increased product costs, discounted to 2007. DOE estimates the GSFL 

industry net present value (INPV) to currently be $575-602 million in 2007$. If DOE were to 

adopt the proposed standards, it expects that manufacturers may lose up to 24 percent of their 

INPV, which is approximately $139 million. The NPV of the proposed standards for GSFL 

consumers (at least $3.2 billion at the 7-percent discount rate) would exceed anticipated industry 

losses by at least 23 times. DOE estimates the IRL industry net present value to be $207-267 

million in 2007$. If DOE were to adopt the proposed standards, it expects that manufacturers 

may lose 29-46 percent of their INPV, which is approximately $77-94 million. The NPV of the 

proposed standards for IRL consumers (at least $3.7 billion at the 7-percent discount rate) would 

exceed anticipated industry losses by at least 39 times. 

 In addition, the proposed standards would have significant environmental benefits. All of 

the energy saved would be in the form of electricity, and DOE expects the energy savings from 

the proposed standards to eliminate the need for approximately 1100 to 3400 megawatts (MW) 

of generating capacity for GSFL and up to 450 MW for IRL by 2042. This would result in 

cumulative (undiscounted) greenhouse gas emission reductions of 184 to 395 million metric tons 

(MMT) of carbon dioxide (CO2) for GSFL and 59 to 114 MMT for IRL from 2012 to 2042. 

During this same period, the standard would result in power plant emission reductions of 12 to 

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EE-2006-STD-0131 COMMENT 31.2
623 kilotons (kt) of nitrogen oxides (NOX) for GSFL and 4 to 181 kt NOX for IRL. Mercury 

(Hg) emission reductions would be up to 6.9 tons for GFSL and up to 1.7 tons avoided for IRL. 

 DOE has tentatively concluded that the proposed standards represent the maximum 

improvement in energy efficiency that is technologically feasible and economically justified, and 

would result in significant conservation of energy. DOE further notes that products achieving 

these standard levels are already commercially available. Based upon the rulemaking analyses 

culminating in this proposal, DOE found that the benefits (energy savings, consumer LCC 

savings, national NPV increase, and emission reductions) to the Nation of the proposed standards 

outweigh the burdens (INPV decrease and LCC increases for some lamp users). DOE 

considered higher efficacy levels (ELs) as trial standard levels (TSLs), and is still considering 

them in this rulemaking; however, DOE has tentatively concluded that the burdens of the higher 

efficiency levels outweigh the benefits. Based upon consideration of public comments and 

related information, DOE may adopt either higher or lower ELs presented in this proposal or 

some level in between. 

II. Introduction 

A. Consumer Overview

 EPCA currently prescribes efficacy standards for certain IRL and GSFL. (42 U.S.C. 

6295(i)(1)) DOE proposes to raise these standards and to set efficacy standards for certain other 

GSFL, as shown in Table I.1 and Table I.2 above. The proposed standards would apply to 

products manufactured in the United States, or imported to it, three years after the final rule is 

15

EE-2006-STD-0131 COMMENT 31.2
published in the Federal Register.

1

 Table I.1 and Table I.2 also show the percentage 

improvement in efficacy that each standard level represents, relative to the current standard 

levels or to products typically on the market today. The proposed standards represent an overall 

improvement of approximately 4 to 22 percent and 7 to 100 percent in the efficacies of the GSFL 

and IRL baselines, respectively, covered by the standards. 

 DOE’s analyses suggest that residential and commercial consumers would see benefits 

from the proposed standards. Although DOE expects that under the proposed standards, the 

purchase price of high-efficacy GSFL would be higher (up to three times higher) than the 

average price of these products today, but that the energy efficiency gains would result in lower 

energy costs that more than offset such higher costs. When the potential savings due to 

efficiency gains are summed over the lifetime of the high-efficacy products, consumers would be 

expected to save up to $56.85 (depending on the lamp type), on average, compared to their 

expenditures on today’s baseline GSFL. 

The results of DOE’s analyses for IRL follow a similar pattern. Although DOE expects 

the purchase price of the high-efficacy IRL would be higher (ranging from 56 to 63 percent) than 

the average price of these products today, the energy efficiency gains would result in lower 

energy costs that more than offset the higher costs. When these potential savings due to 

efficiency gains are summed over the lifetime of the high-efficacy IRL, it is estimated that 

consumers would save between $1.62 and $8.14, on average, compared to their expenditures on 

today’s baseline IRL. 

 

1

 The final rule is expected to be published by June 30, 2009; therefore, the effective date would be June 30, 2012. 

16

EE-2006-STD-0131 COMMENT 31.2
B. Authority

 Title III of EPCA sets forth a variety of provisions designed to improve energy 

efficiency. Part A2 of Title III (42 U.S.C. 6291-6309) established the “Energy Conservation 

Program for Consumer Products Other Than Automobiles.” The program covers consumer 

products and certain commercial products (referred to hereafter as “covered products”), 

including GSFL and IRL. (42 U.S.C. 6292(a)(14) and 6295(i)) EPCA prescribes energy 

conservation standards for certain GSFL and IRL. (42 U.S.C. 6295(i)(1)) The statute further 

directs DOE to determine whether the existing standards for fluorescent and incandescent lamps 

should be amended and whether to adopt standards for additional GSFL. (42 U.S.C. 6295(i)(3)-

(5)) This rulemaking represents the first round of amendments to the GSFL and IRL energy 

conservation standards as directed by 42 U.S.C. 6295(i)(3). 

 The scope of coverage for these requirements for GSFL and IRL is dictated by EPCA’s 

definitions of these and related terms, as explained below. EPCA defines “general service 

fluorescent lamp” as follows: 

. . . [F]luorescent lamps which can be used to satisfy the majority of fluorescent 

applications, but does not include any lamp designed and marketed for the following 

nongeneral lighting applications: 

(i) Fluorescent lamps designed to promote plant growth. 

 

2

 This part was originally titled Part B; however, it was redesignated Part A after Part B was repealed by Pub. L. 

109-58. 

17

EE-2006-STD-0131 COMMENT 31.2
(ii) Fluorescent lamps specifically designed for cold temperature installations. 

(iii) Colored fluorescent lamps. 

(iv) Impact-resistant fluorescent lamps. 

(v) Reflectorized or aperture lamps. 

(vi) Fluorescent lamps designed for use in reprographic equipment. 

(vii) Lamps primarily designed to produce radiation in the ultra-violet region of the 

spectrum. 

(viii) Lamps with a color rendering index of 87 or greater. 

(42 U.S.C. 6291(30)(B)) 

 EPCA defines “incandescent reflector lamp” as follows: 

. . . [A] lamp in which light is produced by a filament heated to incandescence by an 

electric current . . . [and] (commonly referred to as a reflector lamp) which is not colored 

or designed for rough or vibration service applications, that contains an inner reflective 

coating on the outer bulb to direct the light, an R, PAR, ER, BR, BPAR, or similar bulb 

shapes with E26 medium screw bases, a rated voltage or voltage range that lies at least 

partially within 115 and 130 volts, a diameter which exceeds 2.25 inches, and has a rated 

wattage that is 40 watts or higher. 

(42 U.S.C. 6291(30)(C), (C)(ii) and (F)) EPCA further clarifies this definition of IRL by 

defining the lamp types excluded from the definition: 

18

EE-2006-STD-0131 COMMENT 31.2
The term “rough service lamp” means a lamp that-- 

(i) has a minimum of 5 supports with filament configurations that are C–7A, C–11, C–17, 

and C– 22 as listed in Figure 6–12 of the 9th edition of the IESNA Lighting handbook, or 

similar configurations where lead wires are not counted as supports; and 

(ii) is designated and marketed specifically for ‘rough service’ applications, with 

(I) the designation appearing on the lamp packaging; and 

(II) marketing materials that identify the lamp as being for rough service. 

(42 U.S.C. 6291(30)(X)) 

The term “vibration service lamp” means a lamp that-- 

(i) has filament configurations that are C-5, C-7A, or C-9, as listed in Figure 6-12 of the 

9th Edition of the IESNA Lighting Handbook or similar configurations; 

(ii) has a maximum wattage of 60 watts; 

(iii) is sold at retail in packages of 2 lamps or less; and 

(iv) is designated and marketed specifically for vibration service or vibration-resistant 

applications, with— 

(I) the designation appearing on the lamp packaging; and 

(II) marketing materials that identify the lamp as being vibration service only. 

(42 U.S.C. 6291(30)(AA)) 

19

EE-2006-STD-0131 COMMENT 31.2
The term “colored incandescent lamp” means an incandescent lamp designated and 

marketed as a colored lamp that has-- 

(i) a color rendering index of less than 50, as determined according to the test method 

given in C.I.E. publication 13.3–1995; or 

(ii) a correlated color temperature of less than 2,500K, or greater than 4,600K, where 

correlated temperature is computed according to the Journal of Optical Society of 

America, Vol. 58, pages 1528–1595 (1986). 

(42 U.S.C. 6291(30)(EE))3

 The advance notice of proposed rulemaking (ANOPR) in this proceeding (73 FR 13620, 

13622, 13625, 13628-29 (March 13, 2008)), as well as subsection II.C and section III below, 

provide additional detail on the nature and statutory history of EPCA’s requirements for GSFL 

and IRL. 

 Under the Act, DOE’s energy conservation program for covered products consists 

essentially of four parts: (1) testing; (2) labeling; (3) Federal energy conservation standards, and 

(4) certification and enforcement procedures. The Federal Trade Commission (FTC) is 

responsible for labeling, and DOE implements the remainder of the program. Section 323 of the 

Act authorizes DOE, subject to certain criteria and conditions, to develop test procedures to 

 

3

 DOE notes that the publication year of the referenced article in the definition of “colored incandescent lamp,” as 

printed in section 321(a)(1)(B) of EISA, contains two typographical errors. The citation should read as follows: 

Journal of Optical Society of America, Vol. 58, pages 1528–1535 (1968) 

20

EE-2006-STD-0131 COMMENT 31.2
measure the energy efficiency, energy use, or estimated annual operating cost of each covered 

product. (42 U.S.C. 6293) The test procedures for GSFL and IRL appear at title 10 Code of 

Federal Regulations (CFR) part 430, subpart B, appendix R. 

 EPCA provides criteria for prescribing new or amended energy conservation standards 

for covered products. As indicated above, any new or amended standard for a covered product 

under Part A must be designed to achieve the maximum improvement in energy efficiency that is 

technologically feasible and economically justified (42 U.S.C. 6295(o)(2)(A)), although EPCA 

precludes DOE from adopting any standard that would not result in significant conservation of 

energy. (42 U.S.C. 6295(o)(3)(B)) Moreover, DOE may not prescribe a standard: (1) for certain 

products, including GSFL and IRL, if no test procedure has been established for that type (or 

class) of product, or (2) if DOE determines by rule that the standard would not result in 

significant conservation of energy or is not technologically feasible or economically justified. 

(42 U.S.C. 6295(o)(3)) The Act also provides that, in deciding whether a standard is 

economically justified, DOE must determine whether the benefits of the standard exceed its 

burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must do so after receiving comments on the 

proposed standard and by considering, to the greatest extent practicable, the following seven 

factors: 

(1) The economic impact of the standard on manufacturers and consumers of the 

products subject to the standard; 

(2) The savings in operating costs throughout the estimated average life of the covered 

products in the type (or class) compared to any increase in the price, initial charges, or 

21

EE-2006-STD-0131 COMMENT 31.2
maintenance expenses for the covered products that are likely to result from the imposition of the 

standard; 

(3) The total projected amount of energy savings likely to result directly from the 

imposition of the standard; 

(4) Any lessening of the utility or the performance of the covered products likely to 

result from the imposition of the standard; 

(5) The impact of any lessening of competition, as determined in writing by the Attorney 

General, that is likely to result from the imposition of the standard; 

(6) The need for national energy conservation; and 

(7) Other factors the Secretary considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) 

 Furthermore, EPCA contains what is commonly known as an “anti-backsliding” 

provision, which mandates that the Secretary not prescribe any amended standard that either 

increases the maximum allowable energy use or decreases the minimum required energy 

efficiency of a covered product. (42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe 

an amended or new standard if interested persons have established by a preponderance of 

evidence that the standard is likely to result in the unavailability in the United States of any 

covered product type (or class) with performance characteristics (including reliability), features, 

sizes, capacities, and volumes that are substantially the same as those generally available in the 

United States. (42 U.S.C. 6295(o)(4)) 

22

EE-2006-STD-0131 COMMENT 31.2
 Under 42 U.S.C. 6295(o)(2)(b)(iii), EPCA establishes a rebuttable presumption that a 

standard is economically justified if the Secretary finds that “the additional cost to the consumer 

of purchasing a product complying with an energy conservation standard level will be less than 

three times the value of the energy, and as applicable, water, savings during the first year that the 

consumer will receive as a result of the standard, as calculated under the applicable test 

procedure. . . .” 

 Under 42 U.S.C. 6295(q)(1), EPCA sets forth additional requirements applicable to 

promulgating a standard for a type or class of covered product that has two or more 

subcategories. DOE must specify a different standard level than that which applies generally to 

such type or class of products “for any group of covered products which have the same function 

or intended use, if . . . products within such group–(A) consume a different kind of energy from 

that consumed by other covered products within such type (or class); or (B) have a capacity or 

other performance-related feature which other products within such type (or class) do not have 

and such feature justifies a higher or lower standard” than applies or will apply to the other 

products. Id. In determining whether a performance-related feature justifies such a different 

standard for a group of products, DOE must “consider such factors as the utility to the consumer 

of such a feature” and other factors DOE deems appropriate. Id. Any rule prescribing such a 

standard must include an explanation of the basis on which such higher or lower level was 

established. (42 U.S.C. 6295(q)(2)) 

 Federal energy efficiency requirements generally supersede State laws or regulations 

concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297 (a)–(c)) DOE 

23

EE-2006-STD-0131 COMMENT 31.2
can, however, grant waivers of Federal preemption for particular State laws or regulations, in 

accordance with the procedures and other provisions of section 327(d) of the Act. (42 U.S.C. 

6297(d)) 

C. Background

1. Current Standards

 EPCA prescribes the energy conservation standards that are currently applicable to 

specified types of GSFL and IRL. More specifically, the standards set efficacy levels and color 

rendering index (CRI) levels for certain GSFL, and efficacy standards for certain IRL. (42 

U.S.C. 6295(i)(1); 10 CFR 430.32(n)) These statutory standard levels are set forth in Table II.1 

and Table II.2 below. 

Table II.1 EPCA Standard Levels for GSFL 

Lamp Type Nominal Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Efficacy 

lm/W 

4-Foot Medium Bipin > 35W 69 75.0 

35W 45 75.0 

2-Foot U-Shaped > 35W 69 68.0 

35W 45 64.0 

8-Foot Slimline > 65W 69 80.0 

65W 45 80.0 

8-Foot High Output > 100W 69 80.0 

100W 45 80.0 

Table II.2 EPCA Standard Levels for IRL 

Wattage Min. Avg. Efficacy 

lm/W 

40-50 10.5 

51-66 11.0 

67-85 12.5 

24

EE-2006-STD-0131 COMMENT 31.2
86-115 14.0 

116-155 14.5 

156-205 15.0 

2. History of Standards Rulemaking for General Service Fluorescent Lamps, 

Incandescent Reflector Lamps, and General Service Incandescent Lamps

 As stated above, EPCA established energy conservation standards for certain types of 

GSFL and IRL. (42 U.S.C. 6295(i)(1)) EPCA also requires that DOE conduct two cycles of 

rulemakings to determine whether to amend these standards, and that DOE initiate a rulemaking 

to determine whether to adopt standards for additional types of GSFL. (42 U.S.C. 6295(i)(3)-

(5)) This rulemaking addresses both the amendment of existing GSFL and IRL standards, and 

the adoption of standards for additional GSFL. 

 DOE initiated this rulemaking on May 31, 2006, by publishing on its website its 

“Rulemaking Framework Document for General Service Fluorescent Lamps, Incandescent 

Reflector Lamps, and General Service Incandescent Lamps.”4

 DOE also published a notice in 

the Federal Register announcing the availability of the framework document and a public 

meeting on the document, which requested public comments on the matters raised in the 

framework document. 71 FR 30834 (May 31, 2006). The framework document described the 

procedural and analytical approaches that DOE anticipated using to evaluate energy conservation 

standards for the products covered by this rulemaking, and it identified various issues to be 

resolved in conducting the rulemaking. 

 

4

 A PDF copy of the framework document published in May 2006 is available at: 

http://www/eere.energy.gov/buildings/appliance _standards/residential/pdfs/lamps_framework.pdf. 

25

EE-2006-STD-0131 COMMENT 31.2
 DOE held the public meeting on June 15, 2006, to present the framework document, 

describe the analyses it planned to conduct during the rulemaking, seek comments from 

stakeholders on these subjects, and inform stakeholders about and facilitate their involvement in 

the rulemaking. At the public meeting and during the comment period, DOE received many 

comments that both addressed issues raised in the framework document and identified additional 

issues relevant to this rulemaking. 

 As the title of the framework document indicates, DOE initially included general service 

incandescent lamps (GSIL) in this rulemaking. This was done to address the requirement then 

present in section 325(i)(5) of EPCA that DOE consider energy conservation standards for 

additional GSIL. (42 U.S.C. 6295(i)(5)) However, section 321(a)(3)(A)(iii) of the Energy 

Independence and Security Act of 2007, 5 (EISA 2007) amended EPCA to remove this 

requirement, thereby eliminating DOE’s authority to regulate additional GSIL. Instead, section 

321(a)(3)(A)(ii) of EISA 2007 amended EPCA to prescribe energy conservation standards for 

GSIL. Therefore, this rulemaking no longer addresses GSIL. 

 DOE issued the ANOPR for this rulemaking on February 21, 2008 and published it in the 

Federal Register on March 13, 2008. 73 FR 13620. On February 22, 2008, DOE posted the 

ANOPR, as well as the complete ANOPR technical support document (TSD), on its website.6

 

The TSD includes the results of the following DOE preliminary analyses: (1) market and 

technology assessment; (2) screening analysis; (3) engineering analysis; (4) energy use 

 

5

 Pub. L. 110-140 (enacted Dec. 19, 2007). 6

 PDF copies of the ANOPR and ANOPR TSD published in March 2008 are available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/incandescent_lamps_anopr.html. 

26

EE-2006-STD-0131 COMMENT 31.2
characterization; (5) product price determinations; (6) life-cycle cost (LCC) and pay back period 

(PBP) analyses; (7) shipments analysis; and (8) national impact analysis (NIA). 

In the March 2008 ANOPR, DOE invited comment in particular on the following issues: 

(1) consideration of additional GSFL; (2) amended definitions; (3) product classes; (4) scaling to 

product classes not analyzed; (5) screening of design options; (6) lamp operating hours; (7) 

energy consumption of GSFL; (8) LCC calculation; (9) installation costs; (10) base-case marketshare matrices; (11) shipment forecasts; (12) base-case and standards-case forecasted 

efficiencies; (13) trial standard levels; and (14) period for lamp production equipment 

conversion. 73 FR 13620, 13686-88 (March 13, 2008). 

In the ANOPR, DOE described and sought comment on the analytical framework, 

models, and tools (e.g., LCC and national energy savings (NES) spreadsheets) DOE was using to 

analyze the impacts of energy conservation standards for GSFL and IRL. DOE held a public 

meeting in Washington, D.C., on March 10, 2008, to present the methodologies and results for 

the March 2008 ANOPR analyses. At this meeting, stakeholders recommended that DOE revise 

certain analyses in the energy conservation standard ANOPR and the scope of covered products. 

DOE later received written comments from the National Electrical Manufacturers Association 

(NEMA). In addition, DOE received a joint comment from several stakeholders. The Joint 

Comment was submitted by the American Council for an Energy Efficient Economy (ACEEE), 

Alliance to Save Energy (ASE), Appliance Standards Awareness Project (ASAP), National 

Consumer Law Center, National Grid, Natural Resources Defense Council (NRDC), Northeast 

Energy Efficiency Partnerships (NEEP), Northwest Power and Conservation Council (NPCC), 

27

EE-2006-STD-0131 COMMENT 31.2
Pacific Gas and Electric Company (PG&E), and Vermont Energy Investment Corporation. The 

comments received since publication of the March 2008 ANOPR and during the March 10, 2008 

public meeting have contributed to DOE’s proposed resolution of the issues in this rulemaking. 

This NOPR quotes, summarizes, and responds to the issues raised in these public comments. (A 

parenthetical reference at the end of a quotation or paraphrase provides the location of the item in 

the public record.) 

 Subsequent to the public meeting and at NEMA’s request, DOE and NEMA met on June 

26, 2008 to discuss appropriate lumens per watt (lm/W) standards for high correlated color 

temperature (CCT) fluorescent lamps. (DOE, No. 27 )7

 NEMA subsequently submitted a 

written comment documenting its presentation at this meeting (hereafter the “June 2008 NEMA 

meeting”). (NEMA, No. 26) Topics covered at this meeting included the expected market share 

of high-CCT fluorescent lamps, appropriate efficacy standard scaling factors for GSFL with a 

CCT greater than 4,500K but less than or equal to 7,000K, and coverage of GSFL with a CCT 

greater than 7,000K. See sections III.C.2, V.A.1.c, and V.C.7.a.i of this notice for a more 

detailed discussion of NEMA’s comments at this meeting, as well as DOE’s responses. 

 

7 A notation in the form ‘‘DOE, No. 27 ’’ identifies a written comment that DOE has received and has included in 

the docket of this rulemaking or a written docket submission. This particular notation refers to a comment: (1) 

submitted by DOE; and (2) in document number 27 in the docket of this rulemaking;.

28

EE-2006-STD-0131 COMMENT 31.2
III. Issues Affecting the Scope of this Rulemaking 

A. Additional General Service Fluorescent Lamps for Which DOE is Proposing Standards

1. Scope of EPCA Requirement that DOE Consider Standards for Additional Lamps

 As discussed above, EPCA established energy conservation standards for certain general 

service fluorescent lamps, (42 U.S.C. 6295(i)(1)) and directed the Secretary to “initiate a 

rulemaking procedure to determine if the standards in effect for fluorescent lamps . . . should be 

amended so that they would be applicable to additional general service fluorescent [lamps] . . . .” 

(42 U.S.C. 6295(i)(5)) Thus, DOE must consider whether to adopt energy efficacy standards for 

additional GSFL beyond those already covered by the statutorily-prescribed standards. 

 The March 2008 ANOPR notes that a wide variety of GSFL are not currently covered by 

energy conservation standards, and they are potential candidates for coverage under 42 U.S.C. 

6295(i)(5). 73 FR 13620, 13628-29 (March 13, 2008). However, the requirement that DOE 

consider additional GSFL appears to conflict with EPCA’s definitions of key terms, which it 

might be argued would preclude coverage of additional GSFL. As explained below, DOE has 

carefully considered these statutory provisions and is interpreting them in a manner so as to give 

effect to the requirement to consider additional GSFL. 

 Specifically, the conflict is centered on the statutory definition of “general service 

fluorescent lamp.” As set forth above and repeated here for purposes of this discussion, “general 

service fluorescent lamp” is defined in 42 U.S.C. 6291(30)(B) to mean: 

29

EE-2006-STD-0131 COMMENT 31.2
“fluorescent lamps which can be used to satisfy the majority of fluorescent lamp 

applications, but does not include any lamp designed and marketed for the following 

nongeneral lighting applications: [list of eight exclusions not relevant to the present 

issue].” 

As such, the term “general service fluorescent lamp” appears to be defined by reference to 

the term “fluorescent lamp,” which is also defined under the statute as follows: 

“Except as provided in subparagraph (E), the term ‘fluorescent lamp’ means a low 

pressure mercury electric-discharge source in which a fluorescing coating transforms 

some of the ultraviolet energy generated by the mercury discharge into light, 

including only the following: 

(i) Any straight-shaped lamp (commonly referred to as 4-foot medium bi-pin 

lamps) with medium bi-pin bases of nominal overall length of 48 inches and 

rated wattage of 28 or more. 

(ii) Any U-shaped lamp (commonly referred to as 2-foot U-shaped lamps) with 

medium bi-pin bases of nominal overall length between 22 and 25 inches and 

rated wattage of 28 or more. 

(iii) Any rapid start lamp (commonly referred to as 8-foot high output lamps) with 

recessed double contact bases of nominal overall length of 96 inches and 

0.800 nominal amperes, as defined in ANSI C78.1-1978 and related 

supplements. 

30

EE-2006-STD-0131 COMMENT 31.2
(iv) Any instant start lamp (commonly referred to as 8-foot slimline lamps) with 

single pin bases of nominal overall length of 96 inches and rated wattage of 52 

or more, as defined in ANSI C78.3-1978 (R1984) and related supplement 

ANSI C78.3a-1985.” 

42 U.S.C. 6291(30)(A)(Emphasis added). 

 The term “fluorescent lamp” is, by its terms, limited to four enumerated types of lamps. 

Further, the four types of lamps set forth in the definition of “fluorescent lamp” have 

corresponding energy conservation standards prescribed under the statute at 42 U.S.C. 

6295(i)(1)(B). Given that the statutory definition of “fluorescent lamp” is limited to four 

specified types of lamps and that the statute prescribes standards for those four lamps, it is not 

possible to give effect to the congressional directive to consider establishing standards for 

additional GSFL if the term “general service fluorescent lamp” is limited by the definition of 

“fluorescent lamp.” 

 Given this identified conflict, DOE has determined that there is an inherent ambiguity in 

the statute in terms of how these provisions are to be implemented. In order to move forward 

with this standards rulemaking, DOE must resolve this legal conundrum. 

 Although there is no legislative history to clarify this point, there are a number of reasons 

to believe that Congress did not intend to strictly limit consideration of “additional” GSFL. 

First, Congress adopted both the relevant statutory definitions and the “additional” lamps 

31

EE-2006-STD-0131 COMMENT 31.2
requirement as part of Energy Policy Act of 1992 (EPACT 1992; Pub. L. 102-486). DOE does 

not believe Congress would intentionally insert a legislative provision that, when read in 

conjunction with a simultaneously added provision, amounts to a nullity. Second, reading the 

definition to preclude consideration of additional GSFL would run counter to the energy-saving 

purposes of EPCA. It is reasonable to assume that Congress would not have intended to limit 

energy conservation standards to only those technologies available in 1992, but would instead 

cast a broader net that would achieve energy efficiency improvements in lighting products 

incorporating newer technologies. 

 

 Consequently, DOE interprets these statutory provisions such that, in defining “general 

service fluorescent lamp,” Congress intended to incorporate the term “fluorescent lamp” in a 

broader, more generic sense. DOE understands that the industry routinely refers to “fluorescent 

lamps” as including products in addition to the four enumerated in the statutory definition of that 

term. In fact, in the March 2008 ANOPR, DOE presented its plan for including additional GSFL 

for coverage, and did not receive adverse comment. Thus, DOE has determined to read the 

statutory definition of “general service fluorescent lamp” in this broader context. 

 For these reasons, and for the additional reasons set forth in the March 2008 ANOPR,8

DOE views “additional” GSFL, as that term is used in 42 U.S.C. 6295(i)(5), as lamps that: (1) 

meet the technical portion of the statutory definition of “fluorescent lamp” (i.e., a low-pressure 

mercury electric-discharge source in which a fluorescing coating transforms some of the 

ultraviolet energy generated by the mercury discharge into light) (42 U.S.C. 6291(30)(A)) 

 

8

 73 FR 13620, 13629 (March 13, 2008). 

32

EE-2006-STD-0131 COMMENT 31.2
without restriction to the four specified lamp types in that definition; (2) can be used to satisfy 

the majority of fluorescent lighting applications (42 U.S.C. 6291(30)(B)); (3) are not within the 

exclusions from the definition of GSFL specified in 42 U.S.C. 6291(30)(B); and (4) are ones for 

which EPCA does not prescribe standards. Such an interpretation does not alter the existing 

statutory provision or standards for “fluorescent lamps,” but it does permit DOE to give effect to 

section 6295(i)(5) of EPCA by expanding the universe of GSFL open to potential regulation. 

The scope of coverage reflected in this NOPR is in keeping with the interpretation outlined 

above. 

2. Identification of the Additional Lamps for Which DOE Proposes Standards

 As set forth more fully in the March 2008 ANOPR, DOE took the following three steps 

in terms of identifying additional GSFL for which standard setting might be appropriate. DOE 

first conducted a comprehensive review of the fluorescent lighting market in order to identify 

particular types of lamps that meet the four criteria above to determine the additional GSFL for 

which DOE would consider adopting standards. Second, DOE examined each lamp type to 

determine potential energy savings that energy conservation standards would bring for that lamp. 

Third, DOE further evaluated selected lamps to determine if such standards would be 

technologically feasible and economically justified. In carrying out these steps before issuance 

of the March 2008 ANOPR, DOE considered comments on these issues that it had received 

previously. 73 FR 13620, 13629-30 (March 13, 2008). 

33

EE-2006-STD-0131 COMMENT 31.2
 In implementing the first of these three steps, DOE identified the following categories of 

GSFL as meeting the four criteria for consideration as “additional” GSFL under 42 U.S.C. 6295 

(i)(5): 

• 4-foot, medium bipin (MBP), straight-shaped lamps, rated wattage of < 28W; 

• 2-foot, medium bipin, U-shaped lamps, rated wattage of < 28W; 

• 8-foot, recessed double contact (RDC), rapid start, high output (HO) lamps not defined 

in ANSI Standard C78.1-19919

 or with current other than 0.800 nominal amperes; 

• 8-foot single pin (SP), instant start, slimline lamps with a rated wattage  52, not 

defined in ANSI Standard C78.3-199110; 

• Very high output (VHO) straight-shaped lamps; 

• T511 miniature bipin (MiniBP) straight-shaped lamps; 

• Additional straight-shaped and U-shaped lamps other than those listed above (e.g., 

alternate lengths, diameters, or bases); and 

• Additional fluorescent lamps with alternate shapes (e.g., circline, pin-based compact 

fluorescent lamps (CFL)). 

73 FR 13620, 13630 (March 13, 2008). 

 DOE then assessed the potential energy savings of standards for these GSFL (second 

step) and whether candidate standards for those GSFL would be technologically feasible and 

 

9

 Titled “for Fluorescent Lamps—Rapid-Start Types—Dimensional and Electrical Characteristics.” 10 Titled “for Fluorescent Lamps—Instant-Start and Cold-Cathode Types—Dimensional and Electrical 

Characteristics” 

11 T5, T8, T10, and T12 are nomenclature used to refer to tubular fluorescent lamps with diameters of 0.625, 1, 1.25, 

and 1.5 inches respectively. 

34

EE-2006-STD-0131 COMMENT 31.2
economically justified (third step), in order to determine which GSFL to analyze in depth 

regarding whether, and at what levels, standards would be warranted under the EPCA criteria in 

42 U.S.C. 6295(o). DOE’s analytical process related to these additional GSFL categories is 

discussed generally below. 

In a review of 4-foot medium bipin lamps, DOE found that the current market lacked any 

products with a rated wattage below 25W. Therefore, in the March 2008 ANOPR, DOE 

preliminarily decided not to extend coverage to 4-foot medium bipin lamps below 25W. In the 

following section, DOE discusses its consideration in the March 2008 ANOPR of possibly 

regulating lamps with rated wattages less than 28W and greater than or equal to 25W. 

Similar to the 4-foot medium bipin lamps, in the March 2008 ANOPR, DOE investigated 

the potential for regulating 2-foot U-shaped lamps less than 28W. A review of available 

manufacturer catalogs found no commercially-available products in that category. Therefore, 

DOE concluded that lowering the minimum wattage threshold of 2-foot U-shaped lamps would 

likely not result in substantial energy savings and preliminarily decided not to expand coverage 

to these lamps. 

DOE also considered whether to expand coverage to include VHO fluorescent lamps. 

While VHO lamps consume large amounts of energy, they are commonly used in outdoor 

applications where high-intensity discharge (HID) lamps are rapidly gaining market share. 

Further research indicated that shipments of VHO T12 lamps are declining rapidly. Although 

individually these products have greater per-lamp energy savings than high output or standard 

35

EE-2006-STD-0131 COMMENT 31.2
output lamps, the total energy savings resulting from regulation would be small and would be 

expected to decrease over time as these lamps disappear from the market. Therefore, DOE 

preliminarily decided not to extend coverage to VHO lamps. 

In the March 2008 ANOPR, DOE also preliminarily decided not to expand coverage to 

T5 fluorescent lamps. DOE’s initial analysis showed that T5 lamps currently have a relatively 

small share of the GSFL market, and, therefore, have limited potential to contribute to total 

energy savings. Although T5 lamps can serve as a substitute for T8 or T12 lamps, DOE found 

that T5 lamps tend to have higher efficacy. Research showed that the highest efficacy 32W 4-

foot medium bipin T8 lamp is 95 lm/W, compared to 104 lm/W for a standard output 4-foot 

miniature bipin T5 lamps. Thus, DOE stated that excluding T5 lamps from this rulemaking 

would be unlikely to undermine any energy savings that would result from a T12 and T8 

standard, even if the standard caused increased sales of T5 systems 

Lastly, DOE preliminarily decided not to extend coverage to fluorescent lamps that had 

alternate lengths, diameters, bases, or shapes (or a combination thereof) than the lamps 

specifically mentioned. DOE reasoned that the products it had already selected for coverage 

represented the significant majority of the GSFL market, and, thus, the bulk of the potential 

energy savings. Furthermore, DOE tentatively concluded there was limited potential for lamps 

with miscellaneous lengths and bases to grow in market share, given the constraint of fixture 

lengths and socket compatibility. 

36

EE-2006-STD-0131 COMMENT 31.2
After eliminating the lamps aforementioned lamps from further consideration for the reasons 

cited above, DOE was left with the following additional GSFL to consider evaluating in depth 

for potential standards: 

• 4-foot, medium bipin lamps with wattages  25 and < 28; 

• 8-foot, recessed double contact (RDC), rapid start, high output (HO) lamps not defined in 

ANSI Standard C78.1-1991 or with current other than 0.800 nominal amperes; 

• 8-foot single pin (SP), instant start, slimline lamps with a rated wattage  52, not defined 

in ANSI Standard C78.3-1991; 

73 FR 13620, 13632 (March 13, 2008). 

As mentioned in the March 2008 ANOPR, DOE explored extending coverage to 4-foot 

medium bipin lamps with wattages less than 28W. A product review found that manufacturers 

marketed and sold 25W 4-foot medium bipin T8 fluorescent lamps as replacements for higher 

wattage 4-foot medium bipin T8 fluorescent lamps. Thus, DOE concluded that lowering the 

minimum wattage threshold to include these lamps would mitigate the risk of 25W lamps 

becoming a loophole and would maximize potential energy savings. In addition, as the 

technology and incremental costs associated with increased efficacy of 25W lamps are similar to 

their already regulated 28W counterparts, DOE tentatively concluded that standards for these 

lamps would be technologically feasible and economically justified. 

37

EE-2006-STD-0131 COMMENT 31.2
In the March 2008 ANOPR, DOE also preliminarily decided to extend coverage to 8-foot 

recessed double contact, rapid start, HO lamps not defined in ANSI Standard C78.1-1991. Due 

to the ampere specification in the definition, the statutory standards covered only T12 8-foot 

recessed double contact HO lamps, but none of the T8 8-foot recessed double contact HO lamps 

(which usually have 0.400 nominal amperes). Since the T8 8-foot lamps serve as substitutes for 

their T12 counterparts, DOE risked losing potential energy savings unless such lamps are also 

covered by energy conservation standards. Consequently, DOE preliminarily extended coverage 

to T8, 8-foot recessed double contact HO lamps, thereby adding lamps previously restricted by 

the 0.800 nominal ampere limitation in the definition of “general service fluorescent lamp.” 

Furthermore, DOE planned to expand coverage to 8-foot recessed double contact, rapid 

start, high output fluorescent lamps not listed in ANSI Standard C78.1-1991. DOE made this 

decision because the ANSI standards referenced in DOE regulations were outdated.12 As new 

lamps are introduced to the market, it is likely they would not be covered by the 1991 ANSI 

standard and potentially even the currently most up-to-date standard. Any of these lamps could 

serve as substitutes for regulated lamps. To maximize energy savings from these standards, 

DOE extended coverage to 8-foot recessed double contact, rapid start, high output fluorescent 

lamps not listed in ANSI Standard C78.1-1991. 

Because the technologies of T8, 8-foot recessed double contact HO lamps and the 8-foot 

recessed double contact HO lamps not listed in the ANSI Standard C78.1-1991 were similar to 

the technologies of their already-regulated T12 counterparts, DOE tentatively concluded that 

 

12 ANSI Standard C78.1-1991 has been updated and replaced by ANSI Standard C78.81-2005, “for Electric Lamps 

– Double Capped Fluorescent Lamps – Electrical and Dimensional Characteristics.” 

38

EE-2006-STD-0131 COMMENT 31.2
standards for these lamps would meet the statutory criterion of technological feasibility. 

Preliminary analysis of these lamps in the LCC and NIA demonstrated substantial economic 

savings. Therefore, DOE tentatively concluded that energy conservation standards for these 

lamps would be expected to be economically justified. 

 Similar to 8-foot recessed double contact HO lamps, in the March 2008 ANOPR, DOE 

considered extending coverage to 8-foot, single pin, instant start, slimline lamps not included in 

ANSI Standard C78.3-1991 (which includes T8 lamps as well). DOE’s preliminary analysis 

indicated that regulation of these lamps has the potential to achieve substantial energy savings. 

Therefore, DOE preliminarily decided to expand the scope of energy conservation standard 

coverage to 8-foot single pin slimline lamps with a rated wattage greater than or equal to 52W 

not listed in ANSI Standard C78.3-1991. Since the technologies of T8, 8-foot single pin slimline 

lamps and the 8-foot single pin slimline lamps not listed in ANSI Standard C78.3-1991 are 

similar to the technologies of their already-regulated counterparts, DOE tentatively concluded 

that standards for these lamps would be expected to meet the statutory criterion of technological 

feasibility. Analyses in the LCC and NIA confirmed the potential for substantial economic 

savings associated with regulation of these lamp types. As a result, in the March 2008 ANOPR, 

DOE tentatively concluded that energy conservation standards for these lamps would be 

economically justified. 

During and after the public meeting, DOE received numerous verbal and written 

comments regarding the lamps included in or excluded from coverage in the March 2008 

ANOPR. As a general matter, commenters supported DOE’s approach for consideration of 

additional GSFL for coverage by energy conservation standards. However, commenters urged 

39

EE-2006-STD-0131 COMMENT 31.2
DOE to consider changes in its approach in two areas, specifically coverage of T5 lamps and 

extension of lamp wattage ranges. Sections III.A.2.a and III.A.2.b of this notice immediately 

below discuss the submitted comments and DOE’s responses. 

a. Coverage of T5 Lamps

 At the March 2008 ANOPR public meeting, NEMA announced that it was considering 

supporting coverage of T5 lamps to prevent the introduction of less-efficient T5 lamps into the 

market, particularly those containing halophosphors. (Public Meeting Transcript, No. 21 at pp. 

71–72)13 ACEEE likewise suggested that DOE should analyze opportunities involving 

regulation of T5 lamps. (Public Meeting Transcript, No. 21 at p. 73) In its written comments, 

NEMA stated that it would not oppose covering newer T5 fluorescent lamp technology (e.g., 

28W 4-foot T5 lamps), but would not recommend covering older technology (i.e., T5 preheat 

fluorescent lamps). (NEMA, No. 22 at p. 3) In addition, the Joint Comment stated that DOE 

should extend coverage to T5 lamps. These organizations argued that if only T8 and T12 lamps 

are covered by the standard, it could possibly spur market introduction of less-efficient 

halophosphor T5 lamps with a lower first cost. Such a development would increase the overall 

market share of T5 lamps and decrease the potential energy savings associated with this 

rulemaking. (Joint Comment, No. 23 at pp. 2-5) 

 

13 A notation in the form ‘‘Public Meeting Transcript, No. 21 at pp. 71–72’’ identifies a written comment that DOE 

has received and has included in the docket of this rulemaking. This particular notation refers to a comment: (1) 

submitted during the public meeting on March 10-11, 2008; (2) in document number 21 in the docket of this 

rulemaking; and (3) appearing on pages 71 through 72 of the transcript.

40

EE-2006-STD-0131 COMMENT 31.2
 DOE agrees with these comments. While most T5 lamps are currently more efficient 

than the T8 and T12 lamps for which they can be substituted, excluding them from energy 

conservation standards could provide an incentive for less-efficient T5 lamps to enter the market. 

Such trend would result in increased market share of less-efficient products, thereby creating the 

potential for significant energy savings losses unless these lamps are regulated. Because this 

potential substitution effect is a primary criterion which DOE uses to determine coverage for 

additional GSFL, DOE is proposing in this NOPR to extend coverage to T5 miniature bipin 

lamps. 

DOE researched the market and product availability of T5 lamps and found they exist in 

a variety of lengths and wattages. Standard T5 lamps include wattages ranging from 14W to 

80W, and lengths ranging from nominally 2 feet to 6 feet. DOE’s research indicates that the 

primary driver of T5 market share growth is substitution for currently regulated 4-foot MBP 

lamps. Therefore, DOE proposes to cover only the nominally 4-foot lengths of T5 miniature 

bipin lamps. DOE believes that alternate lengths of T5 lamps are not likely to gain significant 

market share as they are not easily substitutable for 4-foot MBP systems which represent the 

majority of the total fluorescent market. In addition, interviews with manufacturers and a review 

of product literature indicate that standard-output (approximately 28W) and high-output 

(approximately 54W) lamps are the highest volume T5 miniature bipin lamps. In addition to the 

full-wattage versions of these lamps, DOE has found that reduced-wattage versions of the 

standard- and high-output T5 lamp (26W and 51W respectively) are available. Therefore, in this 

NOPR, DOE proposes to extend coverage to 4-foot nominal, straight-shaped, T5 miniature bipin 

standard output lamps with rated wattages  26W and to 4-foot nominal, straight-shaped, T5 

41

EE-2006-STD-0131 COMMENT 31.2
miniature bipin high output lamps with rated wattages  51W, as they present the greatest 

potential for energy savings. DOE estimates potential energy savings from these lamps of up to 

2.05 quads over the analysis period (2012 to 2042). Because higher-efficacy versions of some of 

these lamps are already present in the market, DOE tentatively concludes that standards for these 

lamps are technologically feasible. 

Based on DOE’s LCC and NIA analyses, coverage of the T5 lamps discussed above 

would be economically justified. These analyses show that T5 lamp coverage has the potential 

to achieve on average $47.03 per standard-output lamp system and $56.85 per high-output lamp 

system in LCC savings. In addition, DOE’s NIA indicates that regulating these lamps could 

result in an NPV of up to $6.84 billion to the Nation (discounted at 3 percent). See section 

VI.B.1.a.i and section VI.B.3 of this document and chapters 8 and 11 of the TSD for more details 

on these results. 

b. Extension of Lamp Wattage Ranges

Regarding fluorescent lamp coverage, the Joint Comment suggested that DOE should 

extend wattage ranges to cover lower-wattage products. (Joint Comment, No. 23 at p. 4) In 

relevant part, section 123 of EPACT 1992 amended EPCA to establish standards for 4-foot 

medium bipin lamps of 28W or more. The Joint Comment notes that since that law took effect, 

“new products continue to be introduced, and there is an incentive to circumvent standards by 

producing lamps just outside of the watt range (e.g. the current 25W residential lamp).” Id. 

NEMA commented that while current standards cover 2-foot U-shaped medium bipin lamps 

greater than or equal to 28W, new products have been introduced at 25W. (Public Meeting 

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EE-2006-STD-0131 COMMENT 31.2
Transcript, No. 21 at p. 73) To prevent this trend from continuing, the Joint Comment 

recommended substantially lowering watt ranges for GSFL product classes to protect the energy 

savings that would be accomplished by this rule. If niche products exist in the new range, the 

Joint Comment expressed a preference for using narrowly drawn exemptions rather than limiting 

the covered watt range. (Joint Comment, No. 23 at p. 4) 

DOE agrees with the Joint Comment regarding the appropriateness of extending wattage 

ranges when commercially-available products exist. As discussed in the March 2008 ANOPR, 

DOE proposed to extend coverage to 4-foot medium bipin fluorescent lamps with wattages 

between 25W and 28W. DOE discovered these lamps were being marketed as substitutes for 

currently regulated lamps subject to the current and amended standards (proposed in this NOPR) 

on 4-foot medium bipin lamps. Therefore, consistent with that approach, in this NOPR, DOE 

proposes to extend coverage to 2-foot U-shaped lamps with wattages greater than 25W. 

The Joint Comment expressed concern that substitutable products outside the range of 

covered wattages will emerge in other product classes. It suggested a proactive approach of 

lowering the watt ranges even further, although no products may currently exist in that range. 

(Joint Comment, No. 23 at p. 4) While DOE understands the Joint Comment’s concern, DOE 

disagrees with this approach. DOE is required to consider energy conservation standards that are 

technologically feasible. If a lower wattage lamp does not yet exist, DOE cannot confirm that it 

would be technologically feasible or economically justified for such a lamp to meet a set energy 

conservation standard. In addition, lower wattage lamps may provide different lumen outputs, 

and thereby different utility. Therefore, if DOE were to include these lamps in its coverage 

43

EE-2006-STD-0131 COMMENT 31.2
without determining if the set energy conservation standard is technologically feasible, DOE 

could be reducing the utility of covered product or precluding its development entirely. Further, 

DOE encourages the introduction of lamps at lower wattages. Thus, DOE will only propose to 

extend wattage ranges for 4-foot medium bipin lamps and 2-foot medium bipin U-shaped lamps 

to the extent specified in this NOPR. 

3. Summary GSFL Lamps to Which DOE Proposes to Extend Coverage

With the exception of the above-discussed comments, DOE received no other input 

related to coverage of GSFL. In addition, DOE’s revised analyses indicate that energy 

conservation standards for the lamps which DOE preliminarily decided to extend coverage in the 

March 2008 ANOPR are still expected to be technologically feasible, economically justified, and 

would result in significant energy savings. Therefore, in summary, DOE is proposing to cover 

the following additional GSFL: 

2-foot, medium bipin U-shaped lamps with a rated wattage  25 and less than < 28; 

4-foot, medium bipin lamps with a rated wattage  25 and less than 28; 

4-foot T5, miniature bipin, straight-shaped, standard output lamps with rated wattage  

26; 

4-foot T5, miniature bipin, straight-shaped, high output lamps with rated wattage  51; 

8-foot recessed double contact, rapid start, HO lamps other than those defined in ANSI 

Standard C78.1–1991; 

8-foot recessed double contact, rapid start, HO lamps (other than 0.800 nominal amperes) 

defined in ANSI Standard C78.1–1991; and 

44

EE-2006-STD-0131 COMMENT 31.2
8-foot single pin instant start slimline lamps, with a rated wattage  52, not defined in 

ANSI Standard C78.3–1991. 

B. Exempted 65 Watt Bulge Reflector Lamp

Section 322(a)(1) of EISA 2007 amended section 321(30)(C)(ii) of EPCA to expand the 

portion of the definition of ‘‘incandescent lamp’’ applicable to incandescent reflector lamps to 

include lamps with a diameter between 2.25 and 2.75 inches, as well as ER, BR, BPAR, or 

similar bulb shapes. (42 U.S.C. 6291(30)(C)(ii)) Furthermore, section 322(b) of EISA 2007 

incorporates several new exemptions to the IRL standards in the new section 325(i)(1)(C) of 

EPCA. (42 U.S.C. 6295(i)(1)(C)) These exemptions are as follows: (1) lamps rated 50 watts or 

less that are ER30, BR30, BR40, or ER40; (2) lamps rated 65 watts that are BR30, BR40, or 

ER40 lamps; and (3) R20 incandescent reflector lamps rated 45 watts or less. DOE conducted its 

ANOPR analyses accordingly and mentioned at the ANOPR public meeting that it could not 

extend coverage to these statutorily-exempted products. 

 The Joint Comment argued that by covering these products in EISA 2007, Congress 

effectively brought them into the Federal standards program and, thus, granted DOE the 

authority to regulate them. The Joint Comment recommended extending coverage to 65-watt ER 

and BR lamps. In addition, it encouraged DOE to evaluate standards for ER and BR lamps less 

than 65 watts and for R20 lamps less than 45 watts. The Joint Comment further contended that 

by failing to extend coverage to these lamps, DOE is not meeting its obligation to maximize 

energy savings. The Joint Comment argued that the exempted lamps represent a large, growing 

market share and are a substitute for products that DOE plans to regulate. The Joint Comment 

45

EE-2006-STD-0131 COMMENT 31.2
stated that because 65-watt BR lamps represent a low-cost, low-efficacy alternative to the moreefficient products covered by the standards, continued exemptions could decrease the potentially 

significant energy savings associated with the present rulemaking. (Joint Comment, No. 23 at p. 

12-14) 

 Accompanying the Joint Comment were two legal memoranda from the National 

Consumer Law Center (NCLC), maintaining that not only does DOE have the authority to 

regulate ER and BR lamps, but that DOE is obligated to regulate them. NCLC pointed out that 

with the passage of EISA 2007, Congress included BR and ER lamps that have a “rated wattage 

that is 40 watts or higher” within the definition of “incandescent lamp” [EISA 2007, section 

322(a), amending 42 U.S.C. 6291(30)(C)] and, thus, included these BR and ER lamps as covered 

products under 42 U.S.C. 6291(2) and 6292(a)(14). NCLC further contended that the only 

explanation for Congress adding ER and BR lamps to the definition was to include them among 

the covered products. (Joint Comment, No. 23 at p. 27) NCLC cited the rulemaking for 

microwave and electric ovens as an example of a rulemaking in which DOE is considering 

applying standards to products for which no prescriptive efficiency standards exist. (Joint 

Comment, No. 23 at p. 28) 

DOE agrees with the Joint Comment, that as EISA 2007 amended the definition of 

“incandescent lamp,” ER and BR lamps are now covered products. However, DOE has 

concluded that it does not have the authority to set standards for these lamps, for the reasons that 

follow. Although Congress included ER and BR lamps in the definition of an “incandescent 

lamp,” it specifically exempted certain wattages and diameters from the prescribed efficacy 

46

EE-2006-STD-0131 COMMENT 31.2
standards. DOE believes this clearly indicates Congress’s intent not to set standards for these 

products. While NCLC mentions the microwave oven rulemaking as a comparable situation, 

DOE believes that given the difference in circumstances, DOE’s approach for that type of 

product is inapposite to the present case. Specifically, in the microwave oven rulemaking, 

Congress did not list any exemptions to coverage; rather, Congress simply did not include 

standards for microwave oven cooking products which DOE eventually decided to cover. In 

contrast here, Congress specifically exempted certain types of ER and BR lamps from standards, 

thereby eliminating DOE’s authority to cover them in this rulemaking. 

Furthermore, though 42 U.S.C 6295(i)(3) directs DOE to amend the standards in 

paragraph (1), DOE’s authority to amend the standards does not include the authority to amend 

the exemptions. Under 42 U.S.C. 6295(i)(1)(C), the statute refers to “the standards specified in 

subparagraph (B),” clearly referring to the minimum efficacy standards. Therefore, in amending 

the standards in paragraph (1), under 42 U.S.C 6295(i)(3), DOE has determined that it has the 

authority to change the efficacy values but not the exemptions. For this reason, DOE cannot 

extend coverage in this rulemaking to certain ER lamps, BR lamps, or any other lamps 

specifically exempted by EISA 2007. 

C. Amended Definitions

 To clarify the scope of EPCA’s coverage of GSFL, IRL, and the recently adopted 

standards for GSIL, DOE proposes to revise its existing definitions of “rated wattage” and 

“colored fluorescent lamp.” These definitional changes are discussed below. 

47

EE-2006-STD-0131 COMMENT 31.2
1. “Rated Wattage”

 One element of EPCA’s definitions for “fluorescent lamp” and “incandescent reflector 

lamp” is a lamp’s rated wattage, which helps delineate the lamps for which the statute sets 

standards. (42 U.S.C. 6291(30)(A), (C)(ii) and (F), and 6295(i)). In addition, section 321(a)(3) 

of EISA 2007 amended EPCA to prescribe energy conservation standards for GSIL, requiring 

lamps of particular lumen outputs to have certain maximum rated wattages. (42 U.S.C. 6295(i)) 

However, EPCA does not define the term “rated wattage.” 

DOE has defined “rated wattage” in its regulations, but only for 4-foot medium bipin T8, 

T10, and T12 fluorescent lamps. 10 CFR 430.2. This definition references ANSI Standard 

C78.1-1991, “for Fluorescent Lamps—Rapid-Start Types—Dimensional and Electrical 

Characteristics.” Id. Although EPCA also uses the term “rated wattage” to delineate 2-foot Ushaped lamps (42 U.S.C. 6291(30)(A)(ii)), 8-foot slimline lamps, (42 U.S.C. 6291(30)(A)(iv)), 

and IRL (42 U.S.C. 6291(30)(C)), DOE has not defined “rated wattage” for these lamps. In the 

March 2008 ANOPR, DOE considered revising and updating the definition of “rated wattage” to 

cite the current version of ANSI Standard C78.1-1991, clarify and improve the definition, and 

apply the revised definition to those lamps for which rated wattage is a key characteristic but is 

not currently defined by DOE. In response to the March 2008 ANOPR, DOE received one 

comment regarding the definition of “rated wattage.” NEMA commented that it agrees with 

DOE’s revised definition. (NEMA, No. 22 at p. 4) 

 Therefore, DOE proposes the following definition for “rated wattage”: 

 Rated wattage means: 

48

EE-2006-STD-0131 COMMENT 31.2
 (1) With respect to fluorescent lamps and general service fluorescent lamps: 

 (i) If the lamp is listed in ANSI C78.81–2005 or ANSI C78.901–2005, the rated 

 wattage of a lamp determined by the lamp designation of Clause 11.1 of ANSI 

 C78.81–2005 or ANSI C78.901– 2005; 

(ii) If the lamp is a residential straight-shaped lamp, and not listed in ANSI 

C78.81–2005, the wattage of a lamp when operated on a reference ballast for 

which the lamp is designed; or 

(iii) If the lamp is neither listed in one of the ANSI guides referenced in (1)(i) nor 

a residential straight-shaped lamp, the wattage of a lamp when measured 

according to the test procedures outlined in Appendix R to subpart B of this part. 

(2) With respect to general service incandescent lamps and incandescent reflector lamps, 

the wattage measured according to the test procedures outlined in Appendix R to subpart 

B of this part. 

2. “Colored Fluorescent Lamp”

 Colored fluorescent lamps are excluded from EPCA’s definition of “general service 

fluorescent lamp.” (42 U.S.C. 6291 (30)(B)(iii)) However, EPCA does not define the term 

“colored fluorescent lamp.” In order to fully define the scope of EPCA’s definition of GSFL, 

DOE currently defines “colored fluorescent lamp” as follows: 

“Colored fluorescent lamp” means a fluorescent lamp designated and marketed as a 

colored lamp, and with either of the following characteristics: a CRI less than 40, as 

49

EE-2006-STD-0131 COMMENT 31.2
determined according to the method given in CIE Publication 13.2 (10 CFR 430.22), or a 

correlated color temperature less than 2,500K or greater than 6,600K. 

10 CFR 430.2. Because these lamps are not GSFL under EPCA, they are not covered by the 

standards applicable to GSFL. 

 The central element of EPCA’s definition of “general service fluorescent lamp” is that 

they are fluorescent lamps “which can be used to satisfy the majority of lighting applications.” 

(42 U.S.C. 6291(30)(B)) The exclusions, such as the one for colored lamps, are for lamps 

designed and marketed for “non-general lighting applications.” Id. As detailed in the March 

2008 ANOPR, DOE became aware of a lamp on the European market that meets the above 

definition of “colored fluorescent lamp” and that is intended for general illumination 

applications. 73 FR 13620, 13634 (March 13, 2008). Although DOE is unaware of any similar 

general purpose fluorescent lamps being introduced into the U.S. market, the availability of the 

European lamp demonstrates the potential for DOE’s definition of “colored fluorescent lamp” to 

exclude new products with general service applications from the definition of “general service 

fluorescent lamp,” and thereby from the coverage of standards applicable to GSFL. For this 

reason, in the March 2008 ANOPR, DOE proposed to revise its definition of “colored 

fluorescent lamp” by adding the following phrase after the words “colored lamp”: “and not 

designed or marketed for general illumination applications.” Id. 

In submitted written comments on the ANOPR, NEMA agreed with the proposed revised 

definition of “colored fluorescent lamp,” while noting that DOE will need to give additional 

50

EE-2006-STD-0131 COMMENT 31.2
consideration to general illumination fluorescent lamps with higher color temperatures. NEMA 

cited an example of a lamp with a CCT of 8,000K that could be used for both general 

illumination and specialty applications (NEMA, No. 22 at p. 9). NEMA requested a meeting to 

discuss this matter in greater detail, since it was performing research related to this topic. (DOE, 

No. 27) This meeting is subsequently discussed in section II.C.2 of this NOPR. 

At the June 2008 NEMA meeting and in its written comments, NEMA recommended that 

the range of GSFL affected by standards should be increased to 7,000K from the current 

coverage, which extends to only 6,600K. NEMA believes that lamps with a CCT between 

4,500K and 7,000K are growing in popularity and, therefore, energy conservation standards 

within that range are justifiable (NEMA, No. 26 at pp. 3–4) 

NEMA also stated that an efficacy standard would be inappropriate for GSFL with a CCT 

greater than 7,000K. Because very few GSFL with a CCT greater than 7,000K are commercially 

available, NEMA argued that it would be impossible to determine whether there would be an 

appropriate efficacy standard for these lamps that would be technologically feasible. (NEMA, 

No. 26 at pp. 5–6) NEMA also stated that it is unlikely that exempting these high CCT lamps 

would increase their sales after a standard, as these lamps are often too “blue” for typical 

consumers. Therefore, NEMA urged DOE to exempt all lamps with a CCT greater than 7,000K 

from energy conservation standards (NEMA, No. 26 at pp. 3–4). 

DOE considered NEMA’s input and agrees that because so few of these products with a 

CCT greater than 7,000K exist in the market, there is not enough information to reliably analyze 

51

EE-2006-STD-0131 COMMENT 31.2
the performance of currently-available products or the expected performance of emerging 

products. Manufacturing lamps with CCTs greater than 7,000K would likely require the use of 

new materials not currently utilized in commonly sold lamps today. In addition, manufacturers 

may encounter different design trade-offs when developing their products Therefore, DOE is 

unable to determine whether a particular standard level would be technologically feasible for 

these lamps. 

DOE also agrees that it is appropriate to raise the 6,600K limit to 7,000K in the definition 

of “colored fluorescent lamp.” DOE believes that this amendment would further the statutory 

objective of maintaining the coverage of GSFL serving general application purposes under 

DOE’s energy conservation standards. Although lamps with CCTs greater than 6,600K and less 

than 7,000K are not prevalent in the market, DOE’s research14 indicates that manufacturers 

would likely be able to produce a lamp at 7,000K using the same materials as a 6,500K lamp (a 

commonly sold lamp). In consideration of the technological similarity between 6,500K and 

7,000K lamps, DOE believes that it would be possible to establish technologically feasible 

efficacy levels for 7,000K lamps. 

Therefore, DOE proposes to modify the definition of “colored fluorescent lamp” so as to 

include lamps with CCT less than or equal to 7,000K exclude all lamps with a CCT greater than 

7,000K from energy conservation standards. However, DOE notes that NEMA has offered to 

track the sales of GSFL with a CCT greater than 7,000K in order to determine in the future if 

energy conservation standards are necessary for these products. (NEMA, No. 26 at p. 4) If these 

 

14 Ex parte communication with Edward Yandek of General Electric Company (Dec. 8, 2008) (DOE, No. 29).

52

EE-2006-STD-0131 COMMENT 31.2
lamp sales show significant growth, and thus the potential for significant energy savings, DOE 

may consider amending the definition of “colored fluorescent lamp” to provide for coverage of 

these lamps and setting an appropriate energy conservation standard for them in a future 

rulemaking. 

As discussed in the March 2008 ANOPR, the discovery of a fluorescent lamp in the 

European market with a CCT of 17,000K being marketed for general illumination applications 

prompted DOE to consider actions to prevent such lamps from becoming a potential loophole to 

the GSFL energy conservation standard. However, the inherently “blue” color of these lamps 

may prevent widespread adoption as substitutes for standard CCT lamps (e.g., 4,100K). 

Therefore, DOE no longer considers these lamps to be a potential loophole to standards set forth 

by this rulemaking. For this reason and because DOE is unable to determine a technologically 

feasible standard for these lamps, DOE believes that the addition of the phrase “and not designed 

or marketed for general illumination applications” with respect lamps with a CCT greater than 

7,000K is no longer necessary. 

After incorporating the changes discussed above, DOE proposes the following definition 

of “colored fluorescent lamp” for this notice: 

Colored fluorescent lamp means either: (1) a fluorescent lamp designated and marketed 

as a colored lamp with a CRI less than 40, as determined according to the method set 

forth in CIE Publication 13.2 (10 CFR 430.22); (2) a fluorescent lamp designed and 

53

EE-2006-STD-0131 COMMENT 31.2
marketed as a colored lamp with a correlated color temperature (CCT) less than 2,500K; 

or (3) a fluorescent lamp with a CCT greater than 7,000K. 

D. Off Mode and Standby Mode Energy Consumption Standards

Section 310(3) of EISA 2007 amended EPCA to require future energy conservation 

standards to address standby mode and off mode energy use. Specifically, EPCA, as amended, 

now requires that, when DOE adopts standards for a covered product after July 1, 2010, DOE 

must, if justified by the criteria for adoption of standards in 42 U.S.C. 6295(o), incorporate 

standby mode and off mode energy use into the standard, if feasible, or adopt a separate standard 

for such energy use for that product. (42 U.S.C. 6295(gg)(3)) DOE notes that although the final 

rule in this standards rulemaking is scheduled for publication by June 2009 (i.e., before the 

statutory deadline above), DOE nonetheless undertook a preliminary analysis of the potential for 

energy savings associated with the regulation of standby mode and off mode in covered lamps. 

DOE has tentatively determined that current technologies for the GSFL and IRL that are the 

subjects of this rulemaking do not use a standby mode or off mode, so a determination of the 

energy consumption of such features is inapplicable. 

Given EISA 2007’s definitions of ‘‘active mode,’’ ‘‘off mode,’’ and ‘‘standby mode’’ 

applicable to both GSFL and IRL, in order to meet the definition of “off-mode” or “standby 

mode,” the lamp must not be providing any active mode function (i.e., emit light). However, to 

reach such a state, the lamp must be entirely disconnected from the main power source (i.e., the 

lamp is switched off), thereby not satisfying the requirements of operating in off mode. In 

addition, DOE believes that all covered products that meet the definitions of “general service 

54

EE-2006-STD-0131 COMMENT 31.2
fluorescent lamp” and “incandescent reflector lamp” are single-function products and do not 

offer any secondary user-oriented or protective functions. Thus, GSFL and IRL do not satisfy 

the definition for “standby mode.” DOE received comments from NEMA in response to the 

March 2008 ANOPR supporting this characterization of off mode and standby mode energy 

consumption for these products. (NEMA, No. 22 at p. 1) Therefore, DOE maintains that it is not 

feasible to incorporate off mode or standby mode energy use into the energy conservation 

standards for GSFL and IRL and is not proposing amendments to the standard to address lamp 

operation in such modes. The March 2008 ANOPR provides additional details that support this 

conclusion. 73 FR 13620, 13627 (March 13, 2008). 

E. Color Rendering Index Standards for General Service Fluorescent Lamps

Existing EPCA standards specify both lumens per watt and CRI levels that products must 

comply with before entering the market. (42 U.S.C. 6295(i)(1)) At the public meeting and in 

written comments, NEMA and the Joint Comment suggested that it may be necessary to amend 

the minimum CRI requirements to prevent the possible emergence of loopholes in the product 

classes structure and standards levels considered in the March 2008 ANOPR. (Public Meeting 

Transcript, No. 21 at pp. 82–84, 92, 94; Joint Comment, No. 23 at p. 6; NEMA, No. 22 at p. 4-5) 

However, because CRI is not a measure of energy consumption or efficacy, but rather a 

measure of the color quality of the light, DOE has concluded that it does not have the authority 

to change the CRI standard, for the reasons that follow. According to 42 U.S.C. 6291(6), 

“energy conservation standard” means either: (1) a performance standard which prescribes a 

minimum level of energy efficiency or a maximum quantity of energy use; or (2) a design 

55

EE-2006-STD-0131 COMMENT 31.2
requirement (only for specifically enumerated products). Although CRI is a performance 

requirement, it is not an energy performance requirement within the meaning of the term “energy 

conservation standard.” Because, in the case of GSFL, DOE has the authority to regulate only 

energy conservation standards (i.e., energy performance requirements), DOE is not proposing to 

amend the existing minimum CRI requirements. 

IV. General Discussion 

A. Test Procedures

DOE’s test procedures for fluorescent and incandescent lamps are set forth at 10 CFR 

part 430, subpart B, appendix R.15 These test procedures provide detailed instructions for 

measuring GSFL and IRL performance, as well as performance attributes of GSIL, largely by 

incorporating several industry standards. Prompted by an earlier NEMA comment (NEMA, No. 

12, pp. 2-4) at the Framework stage of the energy conservation standards rulemaking, DOE 

examined these test procedures and decided to initiate a rulemaking, in parallel with this 

standards rulemaking, to revise its test procedures for GSFL, IRL, and GSIL (even though, as 

explained above, GSIL are no longer part of this standards rulemaking). These revisions consist 

largely of: (1) referencing the most current versions of several lighting industry standards 

incorporated by reference; (2) adopting certain technical changes and clarifications; (3) 

expanding the test procedures to accommodate new classes of lamps subject to extended 

coverage by either EISA 2007 or this energy conservation standards rulemaking; and (4) 

 

15 “Uniform Test Method for Measuring Average Lamp Efficiency (LE) and Color Rendering Index (CRI) of 

Electric Lamps.” 

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EE-2006-STD-0131 COMMENT 31.2
addressing standby mode and off mode energy consumption (which were found not to apply to 

GSFL and IRL), as mandated by EISA 2007. 

To this end, DOE published a NOPR that proposed to update the current test procedure’s 

references to industry standards for fluorescent and incandescent lamps. 73 FR 13465 (March 

13, 2008)(the test procedure NOPR). The test procedure NOPR also proposed the following: (1) 

a small number of definitional and procedural modifications to the test procedure to 

accommodate technological migrations in the GSFL market and approaches DOE is considering 

in this standards rulemaking (73 FR 13465, 13472-73 (March 13, 2008)); (2) revision of the 

reporting requirements for GSFL, such that all covered lamp efficacies would be reported with 

an accuracy to the tenths decimal place (73 FR 13465, 13473 (March 13, 2008)); and (3) 

adoption of a testing and calculation method for measuring the CCT of fluorescent and 

incandescent lamps (73 FR 13465, 13473-74 (March 13, 2008)). Please see the March 2008 

ANOPR (73 FR 13620, 13627-28 (March 13, 2008)) and the March 2008 test procedure NOPR 

(73 FR 13465, 13472-74 (March 13, 2008)) for a detailed discussion of these proposals and 

related matters. 

The public meeting for the March 2008 ANOPR also served as a public meeting to 

present and receive comments on the test procedure NOPR. DOE later received written remarks 

from NEMA responding to the proposals contained in the test procedure NOPR. (NEMA, No. 

16)16 DOE is considering these comments, and will be publishing a final rule in the near future. 

 

16 This written comment was submitted to the docket of the test procedure rulemaking (Docket No. EERE-2007-BTTP-0013; RIN number 1904-AB72). 

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EE-2006-STD-0131 COMMENT 31.2
B. Technological Feasibility

1. General 

 In each standards rulemaking, DOE conducts a screening analysis, which it bases on 

information it has gathered on all current technology options and prototype designs that could 

improve the efficiency of the product or equipment that is the subject of the rulemaking. DOE 

considers a design option to be “technologically feasible”17 if it is in the marketplace or if 

research has progressed to the development of a working prototype. 

 In consultation with manufacturers, design engineers, and other interested parties, DOE 

develops a list of design options for consideration in the rulemaking. In the context of the 

present rulemaking, when determining proposed efficacy levels for GSFL, DOE only considered 

commercially-available products that can meet or exceed each level. For IRL, trial standard 

levels 2, 3, 4, and 5 are based on commercially-available products. Although TSL1 is not based 

on product currently sold in the marketplace, DOE has used a design option (i.e., higherefficiency gas fills) to model the performance of a higher-efficacy lamp that meets TSL1. DOE 

received input from manufacturers during interviews to verify that such a design option is 

technologically feasible. Therefore, DOE has concluded that the all design options to achieve 

the proposed efficacy levels are technologically feasible. 

 Once DOE has determined that particular design options are technologically feasible, it 

evaluates each design option in light of the following criteria: (1) practicability to manufacture, 

 

17 DOE’s regulations set forth the following definition of “technological feasibility”: “Technologies incorporated 

in commercially available products or in working prototypes will be considered technologically feasible.” 10 CFR 

430, subpart C, appendix A, section 4(a)(4)(i). 

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EE-2006-STD-0131 COMMENT 31.2
install, or service; (2) adverse impacts on product utility or availability; and (3) adverse impacts 

on health or safety. Chapter 4 of the TSD accompanying this notice contains a description of the 

screening analysis for this rulemaking. Also, see section V.B of this notice for a discussion of 

the design options DOE considered. 

2. Maximum Technologically Feasible Levels

When DOE proposes to adopt or to decline to adopt an amended or new standard for a 

type (or class) of covered product, as part of the rulemaking process, DOE must “determine the 

maximum improvement in energy efficiency or maximum reduction in energy use that is 

technologically feasible” for the product. (42 U.S.C. 6295(p)(1)) In response to the ANOPR, 

stakeholders commented that 42 U.S.C. 6295(o) requires that DOE evaluate the maximum 

technologically feasible, or “max-tech,” potential standard efficiency levels. They assert that 

because DOE has gathered only technical information based on products available on the market 

today, it may not have considered those products that are technically feasible but not yet 

marketed. If such options are available, stakeholders believe DOE should model them as the 

max-tech efficiency levels. (Joint Comment, No. 23 at p. 19) 

DOE researched whether any technologies could improve the efficacy of GSFL lamps 

currently marketed. DOE found that higher efficacy GSFL could be achieved but require the use 

of a higher efficiency fill gas composition. More efficient fill gases often include higher 

molecular weight gases (e.g., krypton) to increase ultraviolet light output, and, thus, visible light 

output. However, the use of these heavier gases can cause lamp instability, resulting in striations 

or flickering. Evidence of this effect can be seen with reduced-wattage lamps, which generally 

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incorporate a mixture of krypton and argon gases, versus full-wattage lamps which primarily use 

only argon. Reduced-wattage lamps are often marketed with several application-limiting 

performance notes. For example, NEMA stated reduced-wattage lamps can have performance 

issues in low-temperature applications or when operated on rapid start or dimming ballasts. 

(NEMA, No. 21 at p. 10) Therefore, DOE did not consider efficacy levels for GSFL that would 

require the use of higher-efficiency fill gases that would result in reduced utility. DOE was 

unable to find any higher-efficacy prototypes or commercially-available lamps that provide the 

same utility and performance required of GSFL. Therefore, DOE has concluded that TSL5 was 

the maximum technologically feasible level for GSFL. 

For IRL, DOE determined that the maximum technologically feasible efficacy level 

incorporates the highest technologically feasible efficiency reflector, halogen infrared coating, 

and filament design. From its research, DOE believes that the highest efficiency reflector 

employs silver, a technology that DOE understands to be proprietary. From discussions with 

developers of IR coating technology, DOE understands that by modifying the coating pattern and 

materials used, varying degrees of IR coating efficiencies can be achieved. Finally, altering 

filament design to obtain the highest temperature filament operation, while maintaining a 

lifetime similar to the baseline lamp (3,000 hours), would result in the most efficacious filament. 

Combining all three of these highest efficiency technologies simultaneously results in the 

maximum technologically feasible level; however, this level is dependent on the use of a 

proprietary technology (the silver reflector). Because DOE is unaware of any alternate 

technology pathways to achieve this efficacy level, DOE did not consider it in its analysis. 

Instead, DOE based the highest efficacy level analyzed for IRL on a commercially-available IRL 

which employs a silver reflector, an improved (but not most efficient) IR coating, and a filament 

design that results in a lifetime of 4,200 hours. Although, this commercially-available lamp uses 

silver technology, DOE believes that there are alternate pathways to achieve this level. A 

combination of redesigning the filament to achieve higher temperature operation (and thus 

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EE-2006-STD-0131 COMMENT 31.2
reducing lifetime to 3,000 hours), employing other non-proprietary high-efficiency reflectors, or 

applying higher-efficiency IR coatings has the potential to result in an IRL that meets an 

equivalent efficacy level. For more information regarding these technologies, see chapter 3 of 

the TSD. Therefore, DOE has concluded that TSL5 is the maximum technologically feasible 

level for IRL that is not dependent on the use of a proprietary technology. 

 Table IV.1 and Table IV.2 list the max-tech levels (TSL5 for GSFL and TSL5 for IRL) 

that DOE determined for this rulemaking.18 

Table IV.1 Max-Tech Levels for GSFL 

Lamp Type CCT Max-Tech 

Efficiency 

lm/W 

4-Foot Medium Bipin 4,500K 94 

8-Foot Single Pin Slimline 4,500K 100 

8-Foot RDC HO 4,500K 95 

4-Foot T5 SO 4,500K 108 

4-Foot T5 HO 4,500K 92 

Table IV.2 Max-Tech Level for IRL 

Lamp Type Diameter Voltage Max-Tech 

Efficiency 

lm/W 

Standard Spectrum > 2.5 inches < 125 6.9P0.27*

*Where P is the rated wattage.

 

 

18 As discussed in section V.C, due to scheduling and resource constraints, DOE did not analyze all GSFL and IRL 

product classes. Instead, DOE chose representative product classes to directly analyze and scaled analytical results 

to the remaining product classes. and Ta present max-tech levels for only analyzed product 

classes. Classes not analyzed include the 2-foot U-shaped and high-CCT product classes (for GSFL) and the 

modified spectrum,  125 volts, and 2.5 inches diameter product classes (for IRL). 

Table IV.1 ble IV.2

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EE-2006-STD-0131 COMMENT 31.2
C. Energy Savings

1. Determination of Savings

 DOE used its NIA spreadsheets to estimate energy savings from amended standards for 

the lamps currently covered by standards and from new standards for the remaining additional 

lamps that are the subject of this rulemaking. (The NIA spreadsheet models are described in 

section V.E of this notice and in chapter 11 of the TSD.) DOE forecasted energy savings over 

the period of analysis (beginning in 2012, the year that amended standards would go into effect, 

and ending in 2042) for each TSL. It quantified the energy savings attributable to amended and 

new energy conservation standards (i.e., to each TSL) as the difference in energy consumption 

between the standards case and the base case. The base case represents the forecast of energy 

consumption in the absence of amended and new mandatory energy conservation standards. The 

base case considers market demand for more-efficient products. For example, for both GSFL 

and IRL, DOE models a shift in the base case from covered GSFL and IRL toward emerging 

technologies such as light emitting diodes (LED). In addition, consistent with current GSFL 

market trends, DOE models a shift from T12 lamps to higher-efficacy T8 and T5 lamps. For 

IRL in the commercial sector, the base-case shipments forecast also considers a migration from 

halogen IRL to higher-efficacy halogen infrared (HIR) lamps. See section V.E.2 of this notice 

and chapter 10 of the TSD for details. 

 The NIA spreadsheet models calculate the energy savings in site energy expressed in 

kilowatt-hours (kWh). Site energy is the energy directly consumed at building sites by GSFL or 

IRL. DOE reports national energy savings in terms of the source energy savings, which is the 

savings in the energy that is used to generate and transmit the energy consumed at the site. To 

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EE-2006-STD-0131 COMMENT 31.2
convert site energy to source energy, DOE uses annual site-to-source conversion factors based on 

the version of the National Energy Modeling System (NEMS) that corresponds to Annual 

Energy Outlook 2008 (AEO2008). The conversion factors vary over time because of projected 

changes in the nation’s portfolio of generation sources. DOE estimated that conversion factors 

remain constant at 2030 values throughout the remainder of the forecast. See chapter 11 of the 

TSD for details. 

2. Significance of Savings

 Section 325 of EPCA prohibits DOE from adopting a standard for a covered product if 

that standard would not result in “significant” energy savings. (42 U.S.C. 6295(o)(3)(B)) While 

the term “significant” is not defined in EPCA, the U.S. Court of Appeals, in Natural Resources 

Defense Council v. Herrington, 768 F.2d 1355, 1373 (D.C. Cir. 1985), indicated that Congress 

intended “significant” energy savings in this context to be savings that were not “genuinely 

trivial.” The energy savings for all of the TSLs considered in this rulemaking are nontrivial, and 

therefore, DOE considers them “significant” within the meaning of section 325 of EPCA. 

D. Economic Justification

1. Specific Criteria

 As noted earlier, EPCA provides seven factors to be evaluated in determining whether an 

energy conservation standard is economically justified (42 U.S.C. 6295(o)(2)(B)). The 

following sections discuss how DOE has addressed each of those seven factors in this 

rulemaking. 

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a. Economic Impact on Manufacturers and Consumers

 To determine the quantitative impacts of a new or amended standard on manufacturers, 

the economic impact analysis is based on an annual-cash-flow approach. This includes both a 

short-term assessment—based on the cost and capital requirements during the period between the 

announcement of a regulation and the regulation’s effective start date—and a long-term 

assessment. The impacts analyzed include INPV (which values the industry on the basis of 

expected future cash flows), cash flows by year, changes in revenue and income, and other 

appropriate measures of impact. Second, DOE analyzes and reports the impacts on different 

types of manufacturers, with particular attention to impacts on small manufacturers. Third, DOE 

considers the impact of standards on domestic manufacturer employment, manufacturing 

capacity, plant closures, and loss of capital investment. Finally, DOE takes into account 

cumulative impacts of different DOE and other regulations on manufacturers. 

 For consumers, measures of economic impact include the changes in price, LCC, and 

payback period for each trial standard level. The LCC is one of the seven factors to be 

considered in determining the economic justification for a new or amended standard. (42 U.S.C. 

6295(o)(2)(B)(i)(II)) 

b. Life-Cycle Costs

The LCC is the sum of the purchase price of a product (including its installation) and the 

operating expense (including energy and maintenance expenditures) discounted over the lifetime 

of the product. For each GSFL and IRL product class, DOE calculated both LCC and LCC 

savings for various efficacy levels. The LCC analysis required a variety of inputs, such as 

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EE-2006-STD-0131 COMMENT 31.2
product prices, installation labor costs, electricity prices, annual operating hours, product energy 

consumption rates, and discount rates. 

To characterize variability in electricity pricing, DOE established regional differences in 

electricity prices. To account for uncertainty and variability in other inputs, such as annual 

operating hours and discount rates, DOE used a distribution of values with probabilities assigned 

to each value. Then for each consumer, DOE sampled the values of these inputs from the 

probability distributions. The analysis produced a range of LCCs. A distinct advantage of this 

approach is that DOE can identify the percentage of consumers achieving LCC savings due to an 

increased energy conservation standard, in addition to the average LCC savings. DOE presents 

only average LCC savings in this NOPR; however, additional details showing the distribution of 

results can be found in chapter 8 and appendix 8B of the TSD. 

In the LCC analysis, DOE also considered several events that would prompt a consumer 

to purchase a lamp. For GSFL, DOE calculated LCCs for five lamp purchasing events: (1) lamp 

failure; (2) standards-induced retrofit; (3) ballast failure; (4) ballast retrofit; and (5) new 

construction/renovation. For IRL, DOE calculated LCCs for the lamp failure and new 

construction/renovation events, as these were the only lamp purchase events deemed applicable 

to this product type. Because each event may present the consumer with different lamp (or 

lamp-and-ballast) options and economics, DOE presents the LCC results for several events for 

each product class in this NOPR. DOE assumed that the consumer purchases the product in 

2012 (the effective start date of the standard). For further detail regarding lamp purchasing 

events and related LCC calculations, see section V.D and chapter 8 of the TSD. 

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EE-2006-STD-0131 COMMENT 31.2
c. Energy Savings

 While significant conservation of energy is a separate statutory requirement for adopting 

an energy conservation standard, EPCA requires DOE, in determining the economic justification 

of a standard, to consider the total projected energy savings that are expected to result directly 

from the standard. (42 U.S.C. 6295(o)(2)(B)(i)(III)) DOE used the NES spreadsheet results in 

its consideration of total projected savings. 

d. Lessening of Utility or Performance of Products

 In establishing classes of products, and in evaluating design options and the impact of 

potential standard levels, DOE aimed to develop standards for GSFL and IRL that would not 

lessen the utility or performance of these products. None of the considered trial standard levels 

would reduce the utility or performance of the GSFL and IRL under consideration in the 

rulemaking. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) 

Since all standard levels for GSFL use full-wattage lamps, rather than requiring a shift to 

higher-efficacy reduced-wattage lamps (which may have application restrictions), no GSFL 

efficacy levels reduce the utility or performance of the covered products. For IRL, for all 

standard levels, there are commercially available IRL with the same utility and performance as 

the baseline lamps. Therefore, DOE believes that none of the considered trial standard levels 

would reduce the utility or performance of the IRL under consideration in this rulemaking. 

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EE-2006-STD-0131 COMMENT 31.2
e. Impact of Any Lessening of Competition 

 EPCA directs DOE to consider any lessening of competition likely to result from 

standards. It directs the Attorney General to determine the impact, if any, of any lessening of 

competition likely to result from a proposed standard and to transmit such determination to the 

Secretary no later than 60 days after the publication of a proposed rule, together with an analysis 

of the nature and extent of such impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) DOE has 

transmitted a copy of today’s proposed rule to the Attorney General and has requested that the 

Department of Justice (DOJ) provide its determination on this issue. DOE will address the 

Attorney General’s determination in the final rule. 

f. Need of the Nation to Conserve Energy

 The non-monetary benefits of the proposed standard are likely to be reflected in 

improvements to the security and reliability of the Nation’s energy system—–namely, reductions 

in the overall demand for energy will result in reduced costs for maintaining the Nation’s 

electricity system. DOE conducts a utility impact analysis to estimate how standards may affect 

the Nation’s needed power generation capacity. This analysis captures the effects of efficiency 

improvements on electricity consumption by the covered products that are the subject of this 

rulemaking. 

 The proposed standard also is likely to result in improvements to the environment. In 

quantifying these improvements, DOE has defined a range of primary energy conversion factors 

and associated emission reductions based on the estimated level of power generation displaced 

by energy conservation standards. DOE reports the environmental effects from each TSL for 

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EE-2006-STD-0131 COMMENT 31.2
this equipment in the environmental assessment in the TSD. (42. U.S.C. 6295(o)(2)(B)(i)(VI) 

and 6316(a)) 

g. Other Factors

 EPCA allows the Secretary of Energy, in determining whether a standard is economically 

justified, to consider any other factors that the Secretary deems to be relevant. (42 U.S.C. 

6295(o)(2)(B)(i)(VII)) Under this provision, DOE considered subgroups of consumers that may 

be adversely affected by the standards proposed in this rule. Specifically, DOE assessed the 

impact of standards on low-income consumers, institutions of religious worship, historical 

facilities, and institutions that serve low-income populations. In considering these subgroups, 

DOE analyzed variations on electricity prices, operating hours, discount rates, and baseline 

lamps. See section V.F of this notice for further detail. 

2. Rebuttable Presumption

 As set forth in section 325(o)(2)(B)(iii) of EPCA, there is a rebuttable presumption that 

an energy conservation standard is economically justified if the additional cost to the consumer 

of a product that meets the standard level is less than three times the value of the first-year 

energy (and, as applicable, water) savings resulting from the standard, as calculated under the 

applicable DOE test procedure. (42 U.S.C. 6295(o)(2)(B)(iii) and 42 U.S.C. 6316(e)(1)) DOE’s 

LCC and PBP analyses generate values that calculate the payback period for consumers of 

potential energy conservation standards, which includes, but is not limited to, the three-year 

payback period contemplated under the rebuttable presumption test discussed above. However, 

DOE routinely conducts a full economic analysis that considers the full range of impacts, 

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EE-2006-STD-0131 COMMENT 31.2
including those to the consumer, manufacturer, Nation, and environment, as required under 42 

U.S.C. 6295(o)(2)(B)(i) and 42 U.S.C. 6316(e)(1)). The results of this analysis serve as the basis 

for DOE to definitively evaluate the economic justification for a potential standard level (thereby 

supporting or rebutting the results of any preliminary determination of economic justification). 

Section V.F of this notice addresses the rebuttable-presumption payback calculation. 

V. Methodology and Discussion of Comments 

A. Product Classes

In general, in evaluating and establishing energy conservation standards, DOE divides 

covered products into classes by the type of energy used, capacity, or other performance-related 

features that affect efficiency, and factors such as the utility of the product to users. (42 U.S.C. 

6295(q)) DOE normally establishes different energy conservation standards for different product 

classes based on these criteria. 

1. General Service Fluorescent Lamps

In the March 2008 ANOPR, DOE proposed to establish product classes for GSFL based 

on the following three attributes that have differential utility and affect efficacy: (1) physical 

constraints of lamps (i.e., lamp shape and length); (2) lumen package (i.e., standard versus high 

output); and (3) correlated color temperature. 73 FR 13620, 13636 (March 13, 2008). The 

following sections summarize and address comments DOE received in response to the GSFL 

product classes it considered for the March 2008 ANOPR. DOE received comments related to 

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EE-2006-STD-0131 COMMENT 31.2
product classes on three major topics: T12 and T8 lamps, T5 lamps, and correlated color 

temperature. 

a. T12 and T8 Lamps

The physical constraints of the lamp relate to the shape of the lamp (e.g., U-shaped versus 

linear) and the fact that these lamps could not be substitutes for each other, unless the entire 

fixture is changed. The lamp shapes provide unique utility because the shapes of these lamps 

prevent them from being used as replacements, even with a ballast replacement, in a given 

fixture. However, the shape and geometry of a lamp also impact its efficacy. In the March 2008 

ANOPR, DOE acknowledged that a lamp’s diameter can affect its efficacy. However, because 

the utility provided to the end-user is a function of the light output in lumens (which is 

comparable between T12 and T8 lamps) and not diameter of the bulb, DOE decided not to 

establish separate product classes for T12 and T8 lamps. 

At the public meeting and in its written comments, NEMA stated that separate product 

classes might be necessary for T8 and T12 lamps. Both NEMA and General Electric (GE) noted 

that DOE used the 10-percent efficacy differential between 8-foot slimline and 8-foot high 

output lamps as one reason for establishing their separate product classes. They reasoned that 

because T8 lamps are at least 10 percent more efficient that T12 lamps, DOE should also split T8 

and T12 lamps into separate classes. (Public Meeting Transcript, No. 21 at pp. 82–86; NEMA, 

No. 22 at p. 5) GE emphasized that because T8 and T12 lamps require different ballasts and 

because a growing number of new T8 fixtures will not fit T12 lamps, the two are not always 

suitable replacements and should therefore have separate product classes. GE also expressed 

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EE-2006-STD-0131 COMMENT 31.2
concern that it would be impossible to set a single efficacy standard using a lumen-per-watt 

metric that would be suitable for both T8 and T12 lamps. (Public Meeting Transcript, No. 21 at 

pp. 88–89) 

 Conversely, the Joint Comment strongly supported combining T8 and T12 lamps under 

one product class because the lamps are the same length, use the same lamp holders, and provide 

the same utility (as measured by lumen package). At the public meeting, ACEEE emphasized 

that the two lamps compete directly in the marketplace because of their similar performance 

features. ACEEE also expressed concern that setting product classes based on efficacy could lead 

to separate standards for any inefficient product. (ACEEE, No. 22 at p. 91) The Joint Comment 

also stated that the fact that the two lamps use different ballasts is an economic issue, not a utility 

issue. The Joint Comment noted that large energy savings would be lost if DOE used separate 

classes because consumers would not migrate to the more efficient T8 lamps—a factor DOE 

must consider, given its obligation to set standards at the “maximum improvement in energy 

efficiency” that is “technologically feasible and economically justified.” (Joint Comment, No. 

23 at pp. 4–5) 

 DOE research shows that T8 lamps are commonly used to replace T12 lamps; this 

implies that, in this case, lamp diameter does not significantly affect lamp utility. It also 

illustrates that the lamps share performance features and compete directly in the market. While 

DOE recognizes that lamp diameter can affect efficacy, lamp efficacy alone is not a criterion 

DOE uses to establish product classes; to warrant a separate product class, a unique utility 

feature must be present. As DOE has not identified a unique utility feature of T12 lamps, DOE 

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has decided to combine both T8 and T12 lamps into one product class for each lamp type. 

However, in response to GE’s comment, DOE recognizes that T8 and T12 lamps usually operate 

on different ballasts. Thus, DOE has structured its analytical tools to consider the impact of 

standards on consumers of both lamp types. That is, DOE takes the economics of purchasing 

another ballast into account in its LCC and NIA analyses. 

b. T5 Lamps

The Joint Comment stated that T5 lamps (in this rulemaking, referred to as 4-foot 

miniature bipin lamps) should probably be in the same product class as T8 and T12 lamps 

because they compete against them in the market. The advocates noted the existence of 

retrofitting kits for installing T5 lamps into T8 and T12 fixtures, but acknowledged T5 lamps 

require different lamp holders and are “too bright to use in direct lighting fixtures.” The Joint 

Comment asked DOE to research the pros and cons of including T5 lamps with T8 and T12 

lamps. (Joint Comment, No. 23 at p. 5) 

 Based on its research and consideration of the above comments, DOE has decided to 

establish a separate product class for 4-foot miniature bipin lamps because their physical 

constraints prevent them from being used as direct replacements for T8 and T12 lamps in many 

applications. For example, applications in which consumers cannot change the lamp fixture 

(from a 4-foot MBP to a 4-foot MiniBP) may not be appropriate for retrofitting to the 4-foot 

MiniBP system type. As the Joint Comment noted, these lamps require different lamp holders 

(due to differences in length and base type), and thereby qualify for a separate product class 

under the previously established “physical constraints of lamps” class-setting criteria. 

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In addition, a lamp’s lumen package may result in certain application constraints. 

Because 4-foot T5 MiniBP lamps have similar total lumen output as 4- foot T8 and T12 MBP 

lamps over a significantly smaller surface area, T5 lamps are often marketed as too bright for use 

in direct lighting fixtures. If 4-foot T5 MiniBP lamps were regulated in the same product class 

as 4-foot MBP lamps, the standard could effectively mandate the use of T5 lamps. To prevent 

eliminating lamps appropriate for direct lighting applications, DOE believes that 4-foot miniature 

bipin lamps (T5 lamps) warrant a separate product class from 4-foot medium bipin lamps 

(primarily T8 and T12 lamps). 

 In researching these lamp types, DOE found that the high output lamp is rated to emit 

more than one and a half times the number of lumens as the standard output lamp, also 

potentially affecting utility. In general, lamps that have high lumen output may be installed in 

certain high-ceiling or outdoor installations, where large quantities of light are needed. Lamps 

that have standard levels of light output might be installed in lower-ceiling installations such as 

offices or hospitals, where distance between the light source and the illuminated surfaces is not 

as large. DOE also found that this significant lumen output differential in standard output and 

high output T5 lamps is accompanied by an efficacy difference. Considering the differences in 

utility (light output and their applicability in direct lighting fixtures) and efficacy, and consistent 

with DOE’s approach in the March 2008 ANOPR, DOE is proposing separate product classes for 

standard output 4-foot miniature bipin lamps and high output 4-foot miniature bipin lamps. 

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c. Correlated Color Temperature

Correlated color temperature is a measure of the perceived color of the white light 

emitted from a lamp, which DOE believes affects lamp utility. Generally, as CCT increases, 

efficacy of the bulb decreases. The measured efficacy of lamps with different CCT is different 

because efficacy is measured in lumens per watt, and light emitted across the visible spectrum is 

not given equal weighting under this metric. Lumens are determined using the human eye’s 

sensitivity function, and due to the fact that the human eye is less responsive to blue light, those 

fluorescent lamps that shift their spectral emission profiles to contain more blue light will have 

lower efficacies. In the March 2008 ANOPR, DOE established two product classes for GSFL 

based on CCT: one for high-color-temperature lamps greater than 4,500K, and another for lamps 

less than 4,500K. 

At the public meeting and in its written comments, NEMA agreed with DOE’s decision 

to establish two product classes based on CCT. However, at the public meeting NEMA noted 

additional divisions may be necessary at higher CCT levels because these lamps—NEMA 

specifically noted an 8,000K lamp—are capturing an increasing market share of general service 

applications. (Public Meeting Transcript, No. 21 at pp. 95–97) Industrial Ecology stated that 

lamps around 6,500K, which were once reserved for specialty applications, are increasingly 

being used in general service applications. Industrial Ecology argued that such a trend supports 

the idea of another product class above the 4,500K division. (Public Meeting Transcript, No. 21 

at pp. 97–98). 

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EE-2006-STD-0131 COMMENT 31.2
At the June 2008 NEMA meeting and in a written comment, NEMA commented that 

growth in higher CCT lamps would likely come at the 5,000K level, although they would remain 

a relatively small portion of the general service market for the foreseeable future. Lamps with 

CCTs greater than 7,000K represent a very small portion of the general service market because 

most consumers consider their light to be too blue. Given the small market for lamps above 

7,000K, NEMA stated it had very little practical production data related to efficacies and costs. 

Therefore, NEMA argued, lamps above 7,000K should be exempt from standards, especially 

considering that the current energy savings potential from their coverage is very small and 

unlikely to grow anytime soon. (NEMA, No. 26 at pp. 3–4) 

NEMA also commented that an equation using a continuous function (without 

discontinuities) is inappropriate when developing an efficacy standard for GSFL based on CCT. 

According to NEMA, practical lamp designs used to develop higher CCT lamps—such as 

phosphor design, weight and coating formulation, and coating adherence—do not provide for a 

general physical equation that yields an optimum lumens-per-watt standard. Instead, NEMA 

stated that successive step function factors need to be applied as CCT continues to increase. 

(NEMA, No. 26 at p. 5) The Joint Comment said that DOE should design CCT product class 

divisions carefully to prevent “gaming.” The advocates preferred a continuous function to 

multiple product class divisions because the latter would encourage products to migrate to the 

lowest CCT value in each product class. If a continuous function were not possible, the Joint 

Comment strongly recommended raising the 4,500K division to 4,900K. Additionally, the Joint 

Comment stated, if DOE does set a product class aimed at regulating the 8,000K lamps, the 

boundary should be approximately 7,900K. (Joint Comment, No. 23 at pp. 5–6) 

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As noted above, DOE believes CCT affects consumer utility. For example, a lighting 

designer would likely consider the bluish color of higher color temperature lamps when 

specifying a luminaire for a particular application. In addition, as NEMA stated, higher CCT 

lamps are sometimes used for spectrally-enhanced lighting (SEL).19 Advocates of spectrallyenhanced lighting believe that lamps with a higher CCT can help save energy and may also have 

health benefits. (NEMA, No. 26 at pp. 2-3) However, DOE notes that although spectrallyenhanced lighting has benefits, higher CCT lamps do emit a different color light that may not be 

appropriate for all applications. Given the effect on utility and the fact that lamp efficacy usually 

decreases with higher color temperatures, it is appropriate to establish different product classes 

based on CCT. 

DOE agrees that a continuous function is not possible because increasing the CCT does 

not lead to proportional reductions in lumens per watt. This occurs because design factors that 

do not have a linear relationship with lumens per watt, such as rare earth phosphor mix and 

reformulation, must be employed to maintain efficacy, particularly as CCT increases. 

DOE disagrees that a 4,900K division should be used rather than the proposed 4,500K 

division. If DOE were to use a 4,900K division and manufacturers introduced a 4,850K lamp to 

the market, it would be subject to standards based on the performance of a 4,100k lamp, which 

 

19 DOE has conducted several studies on SEL examining whether a significant amount of energy can be saved by 

using lamps that have less light output, but higher CCT. Lamps with higher CCT appear brighter than those with 

lower CCT, so the actual light output of higher-CCT lamps can be decreased, while maintaining equivalent 

perceived brightness and visual acuity. More information on spectrally enhanced lighting is available at: 

http://www1.eere.energy.gov/buildings/spectrally_enhanced.html 

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might be difficult to meet, as 4,100K lamps are generally more efficacious than their higher CCT 

counterparts. Likewise, if DOE used a 4,200K division and manufacturers developed a 4,300K 

lamp for commercial use, it would be subject to potentially lower standards based on the 

performance of a 5,000k lamp. This may result in a significant loss in potential energy savings. 

Instead, DOE proposes to use a 4,500K division, which effectively represents the midpoint 

between the most common commercially available “warmer” and “cooler” lamps at 4,100K and 

5,000K, respectively. By establishing the product class division at the midpoint, DOE ensures 

that it is establishing a structure that will not subject lamps to inappropriately high standards and 

also not result in the loss of potential energy savings. 

DOE also disagrees with the Joint Comment’s argument for a third product class division 

around 7,900K aimed at 8,000K lamps. As discussed in section III.C.2, DOE is amending its 

definition of “colored fluorescent lamp,” such that these lamps above 7,000K would be excluded 

from coverage by energy conservation standards. In consideration of this exclusion, DOE feels 

that is unnecessary to establish a third product class for lamps with a CCT greater than 7,900K. 

2. Incandescent Reflector Lamps

In the March 2008 ANOPR, DOE considered product classes for IRL based on the 

standard-spectrum and modified-spectrum of the lamp. DOE received numerous comments 

regarding establishing separate product classes for: (1) modified-spectrum lamps; (2) long-life 

lamps; (3) lamp diameter; and (4) voltage. The following sections summarize and address these 

comments. 

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a. Modified-Spectrum Lamps

Modified-spectrum lamps provide a unique performance-related feature to consumers, in 

that they offer a different spectrum of light from the typical incandescent lamp, much like two 

fluorescent lamps with different CCT values. These lamps offer the same benefits as fluorescent 

lamps with ‘‘cooler’’ CCTs, in that they may ensure better color discrimination and often appear 

more similar to natural daylight, possibly resulting in psychological benefits.20 In addition to 

providing a unique performance feature, DOE also understands that the technologies that modify 

the spectral emission from these lamps also decrease their efficacy because a portion of the light 

emission is absorbed by the coating. NEMA and GE supported establishing separate product 

classes for modified-spectrum lamps. (Public Meeting Transcript, No. 21 at p. 105; NEMA, No. 

22 at p. 6). 

However, the Joint Comment stated that separate product classes are unnecessary because 

modified-spectrum products which meet all efficacy levels DOE considered in the ANOPR 

already exist in the market place. The Joint Comment further argued that additive methods, used 

for some non-IRL technologies, boost particular visible wavelengths of light to achieve a 

modified spectrum. These methods represent a more efficient way to achieve a modified 

spectrum than subtractive methods commonly used for IRL, which filter particular visible 

wavelengths of light. Therefore, according to the Joint Comment, establishing a separate product 

class could reduce energy savings because modified-spectrum technology would be subject to a 

needlessly lower standard. The Joint Comment contended that such a situation would run 

counter to the rulemaking’s goals. (Joint Comment, No. 23 at pp. 14-15) At the public meeting, 

 

20 ‘‘Full Spectrum Q&A,’’ National Lighting Product Information Program, Vol. 7 Issue 5 (March 2005). Available 

at: http://www.lrc.rpi.edu/programs/nlpip/lightingAnswers/fullSpectrum. 

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ACEEE and PG&E questioned whether consumers receive additional utility from modifiedspectrum lamps, and, if they do, whether it is sufficient to warrant a separate product class. 

ACEEE and PG&E suggested DOE analyze the energy savings that could be lost with a separate 

product class. PG&E further noted that consumers could obtain any additional utility that 

modified-spectrum lamps provide from other available light sources. (Public Meeting 

Transcript, No. 21 at pp. 101–103) PG&E commented that modified-spectrum lamps occupy 

significant retail shelf space, which suggests they have a significant market share, and therefore, 

present a significant energy savings opportunity. (Public Meeting Transcript, No. 21 at p. 104) 

 DOE maintains that modified-spectrum lamps provide a unique performance-related 

feature (a different spectrum of light from the typical incandescent lamp) that standard spectrum 

lamps do not provide. However, the coatings used for modified-spectrum IRL absorb light 

output, thus reducing the lamps’ efficacies. Given the reduction in efficacy, DOE believes that 

some modified-spectrum lamps may not be able to meet standards if subjected to the same levels 

as standard-spectrum lamps. That, in turn, could cause the unavailability of such products, 

thereby eliminating this performance-related feature from the IRL market. DOE notes that the 

statute directs DOE to maintain performance-related features for a covered product type. (42 

U.S.C. 6295(o)(4)) 

Regarding the Joint Comment’s argument that higher-efficiency, additive technologies 

may be substituted for subtractive technologies currently used in modified-spectrum IRL lamps, 

DOE is unaware of any commercially-available IRL or working IRL prototype that employs 

these additive technologies. Although modified-spectrum LED products may be available, 

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because DOE has determined that modified-spectrum lamps provide a unique performancerelated feature, it is unable to subject them to standards that would result in the elimination of 

such IRL products from the market. Thus, DOE believes it is appropriate to establish a separate 

product class for modified-spectrum lamps based on their unique performance feature and the 

impact of this performance feature on product efficacy. 

b. Long-Life Lamps

DOE received several comments regarding IRL with long lifetimes. At the public 

meeting, NEMA commented that lamp life is a top consideration for the lighting industry’s 

customers, particularly large retailers. NEMA stated in its written comments that the current 

long-life lamps on the market might be jeopardized by the proposed standard levels, which could 

cause manufacturers to reduce lamp life to increase efficacy—a scenario not necessarily in the 

market’s interest. (Public Meeting Transcript, No. 21 at pp. 177–178; NEMA, No. 22 at p. 17) 

Although NEMA did not explicitly request a separate product class, the Joint Comment argued 

that DOE should not establish a separate product class for long-life lamps, noting that other 

existing lamp types, including halogen infrared reflector lamps and CFLs, could adequately serve 

long-life applications. In support of their position, the advocates stated further that Congress did 

not establish a separate class for “long life” general service incandescent lamps. (Joint 

Comment, No. 23 at p. 15) 

DOE considers lifetime an economic issue rather than a utility issue, and accounts for 

lifetime in its LCC and NPV calculations. Lifetime is not considered a utility issue because it 

does not change the light output of the lamp. As such, DOE did not establish a separate product 

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class based on lamp lifetime. For more details, see the engineering analysis in section V.C.4.b 

and chapter 5 of the TSD. 

c. Lamp Diameter

In its written comments, NEMA noted that smaller diameter lamps—specifically, PAR20 

lamps—are inherently less efficient than larger diameter IRL. Manufacturing PAR20 lamps to 

be compliant with the same efficacy standards as larger lamps would be very difficult. NEMA 

also commented that the technology options available to larger lamps are not necessarily 

applicable to PAR20 lamps. For example, the most efficient double-ended infrared halogen 

burner is difficult to use in PAR20 lamps because of mounting considerations. (NEMA, No. 22 

at p. 17) 

In response, DOE believes that the IRL diameter provides a distinct utility to the 

consumer (such as the ability of reduced diameter lamps to be installed in smaller fixtures) and 

recognizes that efficacy declines with a smaller lamp diameter. A smaller diameter lamp has an 

inherently lower optical efficiency than a larger diameter lamp given a similar filament size. 

Therefore, DOE is proposing to establish separate product classes for lamps with a diameter of 

2.5 inches or less and lamps with a diameter greater than 2.5 inches. 

d. Voltage

In its written comments, NEMA mentioned that DOE’s proposed product classes and 

standards do not address how the market actually uses 130 volt (V) lamps, which represent a 

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sizable portion of standard halogen product sales. NEMA stated that customers almost always 

operate these 130V lamps at 120V (normal line voltage), which doubles their lifetime but 

reduces their efficacy below standard levels. (NEMA, No. 22 at p. 16) 

 DOE agrees with NEMA and is concerned that the operation of 130V lamps at 120V has 

the potential to significantly affect energy savings. When operated under 120V conditions, 

lamps rated at 130V in compliance with existing IRL efficacy standards are generally less 

efficacious than lamps using equivalent technology rated at 120V. Because of this inherent 

difference in efficacy, it may be less costly to manufacture a lamp rated at 130V and tested at 

130V that complies with a standard than a similar 120V lamp complying with the same standard. 

For example, if DOE were to adopt a minimum efficacy requirement that would effectively 

require HIR technology for 120V lamps, due to differences in the test procedures for lamps rated 

at 130V, a 130V lamp may only need to employ an improved halogen technology, which would 

be less costly. If DOE does not establish a separate standard for lamps rated at 130V, more 

consumers may purchase 130V lamps because they are less expensive. When consumers operate 

these lamps at 120V, in order to obtain sufficient light output, they may use more energy than 

standards-compliant 120V lamps. This practice would increase energy consumption and result 

in lamps operating with a lower efficacy than any cost-justified standard level. Therefore, to 

preserve the energy savings intended by these standards, DOE is proposing to establish two 

separate product classes: (1) lamps with a rated voltage less than 125V, and (2) lamps with a 

rated voltage greater than or equal to 125V. 

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DOE recognizes that there are other possible approaches for addressing this issue of the 

operational efficacy of 130V lamps. One alternative approach would be that DOE could require 

all IRL to be tested at 120V, the most common application voltage in the market. DOE requests 

comment on this issue. 

B. Screening Analysis

DOE uses the following four screening criteria to determine which design options are 

unsuitable for further consideration in the rulemaking: 

(1) Technological Feasibility. DOE will consider technologies incorporated in commercial 

products or in working prototypes to be technologically feasible. 

(2) Practicability to Manufacture, Install, and Service. If mass production and reliable 

installation and servicing of a technology in commercial products could be achieved on 

the scale necessary to serve the relevant market at the time the standard comes into effect, 

then DOE will consider that technology practicable to manufacture, install, and service. 

(3) Adverse Impacts on Product Utility or Product Availability. If DOE determines a 

technology would have significant adverse impact on the utility of the product to 

significant subgroups of consumers, or would result in the unavailability of any covered 

product type with performance characteristics (including reliability), features, sizes, 

capacities, and volumes that are substantially the same as products generally available in 

the United States at the time, it will not consider this technology further. 

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(4) Adverse Impacts on Health or Safety. If DOE determines that a technology will have 

significant adverse impacts on health or safety, it will not consider this technology 

further. 

10 CFR part 430, subpart C, appendix A, (4)(a)(4) and (5)(b). 

 Considering these criteria, DOE compiled a list of design options in the March 2008 

ANOPR that could be used to increase the efficacy of GSFL and IRL lamps (Table V.1). 73 FR 

13620, 13644 (March 13, 2008). 

Table V.1 GSFL and IRL Design Options 

GSFL Design Options IRL Design Options 

Highly emissive electrode coatings Higher temperature operation 

Higher efficiency lamp fill gas composition Thinner filaments 

Higher efficiency phosphors Efficient filament coiling 

Glass coatings Efficient filament orientation 

Higher efficiency lamp diameter Higher efficiency inert fill gas 

 Tungsten-halogen lamps 

Higher pressure tungsten-halogen lamps 

Infrared glass coatings 

Higher efficiency reflector coatings 

Efficient filament placement 

 DOE received a number of comments in response to its list of proposed design options, as 

discussed below. 

1. General Service Fluorescent Lamps

NEMA generally agreed with the list of design options, but mentioned that for GSFL, 

further efficacy improvement will likely come from improved system (lamp-ballast-luminaire) 

combinations, and urged DOE to aim in future rulemakings to improve overall systems. 

(NEMA, No. 22 at p. 9; Public Meeting Transcript, No. 21 at pp. 108-109) 

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DOE understands that the fluorescent lamp is only one part of a fluorescent lamp system, 

which also includes ballasts and fixtures. However, DOE does not have the authority to regulate 

a fluorescent lamp system. EPCA prescribes energy conservation standards for certain GSFL 

(42 U.S.C. 6295(i)(1)(B)) and fluorescent lamp ballasts. (42 U.S.C. 6295(g)(7)) EPCA does not 

contain any standards for fluorescent lamp systems. Since EPCA directs DOE to amend only the 

existing standards for GSFL and fluorescent lamp ballasts, DOE has concluded that it does not 

have the authority to set energy conservation standards for fluorescent lamp systems. DOE 

believes other approaches, such as building codes, are more appropriate for regulating a 

fluorescent lamp system. 

a. Higher-Efficiency Lamp Fill Gas Composition

NEMA commented that fill gas mixes are already in use in both T12 and T8 reducedwattage energy savings lamps. NEMA stated that lamps could be manufactured using even 

higher efficiency fill gas compositions; however, the actual achieved lumen levels may be 

unacceptable to the market. NEMA also commented that most manufacturers identify several 

application-limiting issues for both T8 and T12 reduced-wattage energy saving lamps. (NEMA, 

No. 22 at pp. 7, 11–12) 

DOE agrees that using fill gas composition in reduced-wattage lamps can lead to lamps 

with limited utility. For example, when marketed, many reduced wattage lamps are not 

recommended to be used under low lamp ambient temperatures or in drafty locations and on 

dimming ballasts. These situations could result in lamp starting or stabilization problems, 

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striation (alternating light and dark bands), pulsing or a reduction in light output. Therefore, 

although DOE incorporates reduced-wattage lamps into the LCC and NIA (as they are viable and 

likely choices for most GSFL applications), DOE does not consider any efficacy level that would 

force consumers to purchase these lamps. See section V.C.4.a for details. 

b. Higher-Efficiency Phosphors

NEMA commented that rare earth phosphors are already at nearly 100 percent quantum 

efficiency.21 While slight improvements in efficacy are possible with a thicker phosphor 

coating, NEMA argued that using this option will disproportionately increase lamp costs vis-à

vis the performance improvement. NEMA stated that the opportunities for performance 

improvement using phosphors “lie in tailoring phosphor blends and color temperatures to 

optimize appropriate light sources for specific applications.” (NE

-

MA, No. 22 at p. 7) 

 

While DOE agrees that thicker phosphor coats may increase cost, DOE does not consider 

increased costs in the screening analysis. DOE considers potential cost increases in its economic 

analyses. In addition, many higher-efficiency GSFL incorporate varying thicknesses of rare 

earth phosphors, or blends of halophosphors and rare earth phosphors. These lamps, more 

efficacious than their pure halophosphor counterparts, show that using higher-efficiency 

phosphors is a valid design option that meets all of the screening criteria. Therefore, DOE 

believes there is room for significant efficacy improvement potential with this design option and, 

thus, continued to carry it forward in its analyses. 

21 “Quantum efficiency,” in this context, is used to quantify the percentage of ultraviolet photons absorbed by the 

phosphor that are then reemitted as visible photons. 

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c. Glass Coating

NEMA commented that higher-efficiency lamps already use glass coatings. NEMA also 

stated that while opportunities exist to improve this technology, manufacturers need to balance 

costs and performance. (NEMA, No. 22 at p. 7) DOE recognizes that costs may increase with 

this technology option, but as stated earlier, DOE does not consider the impacts of cost in its 

screening analysis. Therefore, DOE has included glass coatings as a design option for GSFL, 

where prototypes or commercially-available products exist. 

d. Lamp Diameter

NEMA commented that lamp diameter is already used to optimize luminaire optics and 

system efficacy, but not to improve lamp efficacy. According to NEMA, further improvements 

in performance can come from new luminaire designs based on different diameter lamps, but 

will be limited by lumen packages and the distance between the light source and the luminaire 

surfaces. (NEMA, No. 22 at p. 7) 

In response to this comment, DOE only considered lamp diameter as a design option in 

the migration from T12 to T8 lamps. DOE’s research indicates that T8 lamps are common 

replacements for T12 lamps. Although the total lumen output of T8 lamps is often lower than 

that of T12 lamps, these differences in lumen outputs (on the order of 10 percent) do not seem to 

be significant enough to affect consumer utility. Conversely, although the total lumen output of 

4-foot T5 MiniBP lamps can be similar to 4-foot T8 MBP and 4-foot T12 MBP lamps, the lumen 

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output is emitted from a more concentrated light source. DOE’s research indicates that T5 

lamps’ higher light concentrations (and therefore brightness) may require greater distances 

between the light source and illuminated surfaces. Due to this limitation in utility, DOE did not 

consider migration to a lamp diameter associated with T5 lamps to be a design option to improve 

the efficacy of T8 and T12 lamps. 

e. Multi-Photon Phosphors

NEMA commented that although commercial multi-photon phosphors are theoretically 

possible, they have yet to be developed, despite 30 to 40 years of research. (NEMA, No. 22 at p. 

7) As explained in chapter 3 of the TSD, because multi-photon phosphors emit more than one 

visible photon for each incident ultraviolet photon, a lamp would be able to emit more light for 

the same amount of power, thereby increasing efficacy. DOE agrees that this technology is not 

sufficiently mature as to warrant further analysis, so DOE has screened out this technology 

option in the March 2008 ANOPR. 

2. Incandescent Reflector Lamps

NEMA does not believe that xenon, a higher-efficiency inert fill gas, should be 

considered a design option because there is a limited supply of this gas and prices are increasing 

rapidly. (NEMA, No. 22 at p. 8; Public Meeting Transcript, No. 21 at pp. 108–109) 

Although price is not considered in the screening criteria, DOE did conduct an in-depth 

market assessment of the supply of xenon, and the potential impact of xenon supply limitations 

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on IRL standard levels. DOE determined that although xenon is a rare gas, its supply is 

sufficiently large to incorporate into all IRL and that the xenon supply would not affect IRL 

product availability. A more detailed analysis of xenon and its availability can be found in 

appendix 3B of the TSD. 

C. Engineering Analysis

 For each product class, the engineering analysis identifies potential, increasing efficacy 

levels above the level of the baseline model. Those technologies not eliminated in the screening 

analysis (design options) are inputs to this process. Design options consist of discrete 

technologies (e.g., infrared reflective coatings, rare-earth phosphor mixes). As detailed in the 

March 2008 ANOPR, to ensure that efficacy levels analyzed are technologically feasible, DOE 

concentrated its efforts on developing product efficacy levels associated with “lamp designs," 

based upon commercially-available lamps that incorporate a range of design options in the 

engineering analysis. 73 FR 13620, 13645 (March 13, 2008). However, when necessary, DOE 

supplemented commercially available product information with an examination of the improved 

performance attributable to discrete technologies so that a substitute lamp at each efficacy level 

would be available for each baseline lamp. 

In energy conservation standard rulemakings for other products, DOE often develops 

cost-efficiency relationships in the engineering analysis. However, for this lamps rulemaking, 

DOE derived efficacy levels in the engineering analysis and end-user prices in the product price 

determination. By combining the results of the engineering analysis and the product price 

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determination, DOE derived typical inputs for use in the LCC and NIA. See the chapter 7 of the 

TSD for further details on the product price determination. 

1. Approach

For the NOPR, DOE is using the same methodology for the engineering analysis that was 

detailed in the March 2008 ANOPR. 73 FR 13620, 13645-46 (March 13, 2008). The following 

is a summary of the steps taken in the engineering analysis: 

Step 1: Select Representative Product Classes 

Step 2: Select Baseline Lamps 

Step 3: Identify Lamp or Lamp-and-Ballast Designs 

Step 4: Develop Efficiency Levels. 

A more detailed discussion of the methodology DOE followed to perform the engineering 

analysis can be found in the engineering analysis chapter of the TSD (chapter 5). 

2. Representative Product Classes

 As discussed in section V.A of this notice, DOE proposes establishing several product 

classes for GSFL and IRL. DOE proposes eight product classes across the range of covered 

GSFL based on utility and performance features, such as: (1) physical constraints of lamps (i.e.,

lamp shape and length); (2) lumen package (i.e., standard versus high output); and (3) correlated 

color temperature. For IRL, DOE proposes eight product classes based on spectrum, lamp 

diameter, and rated voltage. As detailed in the March 2008 ANOPR, due to scheduling and 

resource constraints, DOE was not able to analyze each and every product class. 73 FR 13620, 

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EE-2006-STD-0131 COMMENT 31.2
13646 (March 13, 2008). Instead, DOE carefully selected certain product classes to analyze, and 

then scaled its analytical findings for those representative product classes to other product classes 

that were not analyzed. 73 FR 13620, 13652 (March 13, 2008). While DOE received several 

stakeholder comments regarding methods of scaling to product classes not analyzed (discussed in 

section V.C.7), DOE did not receive objections to the decision to scale to certain product classes 

and the representative product classes chosen in the March 2008 ANOPR. 

For the NOPR, similar to its approach in the March 2008 ANOPR, DOE continued to 

analyze 4-foot medium bipin, 8-foot single pin slimline, and 8-foot recessed double-contact high 

output GSFL product classes with CCTs less than or equal to 4,500K. DOE did not explicitly 

analyze U-shaped lamps, but instead scaled the results of the 4-foot medium bipin class analysis. 

In addition, DOE has decided to analyze 4-foot T5 miniature bipin standard output lamps and 4-

foot T5 miniature bipin high output lamps with CCTs less than or equal to 4,500K as 

representative product classes. 

 As discussed in section A.2, DOE chose to subdivide IRL into eight product classes with 

three subdivisions: (1) high versus low voltage; (2) large versus small diameter lamps; and (3) 

modified spectrum versus standard spectrum. As detailed in the March 2008 ANOPR, DOE 

chose to analyze the standard-spectrum incandescent reflector product class because standardspectrum lamps are more common than modified-spectrum lamps. 73 FR 13620, 13648 (March 

13, 2008). After analyzing catalog data and talking to industry experts, DOE found that lamps 

with a diameter greater than 2.5 inches are more common than lamps of smaller diameters. 

Lamps with voltage ratings less than 125V also are more common than lamps with higher 

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EE-2006-STD-0131 COMMENT 31.2
voltage ratings. Therefore, for the NOPR, DOE proposes to analyze the product class 

characterized by standard spectrum, voltage less than 125V, and diameter greater than 2.5 

inches. For further information on representative product classes, see chapter 5 of the TSD. 

3. Baseline Lamps and Systems

Once DOE identified the representative product classes for analysis, DOE selected the 

representative units for analysis (i.e., baseline lamps) from within each product class. These 

representative units are generally what DOE believes to be the most common, least efficacious 

lamps in their respective product classes. DOE chose multiple baseline lamps because DOE 

found that the market for each product class is segmented into multiple submarkets for lamps 

with slightly different consumer utilities. For example, the 40W T12, 34W T12, and 32W T8 

lamps are the most common lamps in the commercial four-foot medium bipin product class. The 

34W T12 is a reduced wattage lamp that is not as versatile as the 40W T12, however, and 

consumers switching from a T12 to a T8 lamp must purchase a new ballast. Thus, these lamps 

are not entirely substitutable, so DOE has chosen to analyze them as separate baselines. DOE’s 

selection of baseline lamps is discussed in further detail below. 

a. General Service Fluorescent Lamps

 As described in the March 2008 ANOPR, DOE took a systems approach to its GSFL 

analysis. 73 FR 13620, 13649 (March 13, 2008). In this approach, DOE selected typical ballasts 

(which provide current to the lamps) to pair with each baseline lamp and higher-efficacy lamp. 

Though DOE did not consider the ballast as directly affecting lamp efficacy, the ballast selection 

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does affect the overall system efficacy (system input power and total lumen output), thereby 

having a significant impact on LCC and NIA results. For this reason, DOE considered a variety 

of ballast types (e.g., electronic and magnetic) and ballast factors in its analysis. 

 In the March 2008 ANOPR, DOE chose three baseline lamps for 4-foot medium bipins 

less than or equal to 4,500K (installed on T8 electronic and T12 magnetic ballasts), three 

baseline lamps for 8-foot single pin slimlines less than or equal to 4,500K (installed on T8 

electronic and T12 magnetic ballasts), and two baseline lamps for 8-foot recessed double-contact 

HOs less than or equal to 4,500K (installed on T8 magnetic and T12 magnetic ballasts). 73 FR 

13620, 13647 (March 13, 2008). DOE did not receive any comments on baseline lamps for the 

commercial and industrial sectors and thus has retained all baseline lamps from the March 2008 

ANOPR. However, as discussed below, DOE did receive comments regarding additional sectors 

to analyze and the ballast selected to pair with the 8-foot RDC HO baseline lamps. In addition, 

DOE developed baseline lamp-and-ballast systems for the 4-foot T5 MiniBP SO and HO product 

classes. 

Regarding GSFL operating in the residential sector, several stakeholders commented that 

residential T12 ballasts will continue to be sold past 2009 and that the residential applications of 

these ballasts represent a large portion of the remaining market for these lamps. (NEMA, No. 22 

at pp. 20, 25; Public Meeting Transcript, No. 21 at pp. 276–277) PG&E stated that T12 lamps 

on magnetic ballasts continue to exist in the residential sector in California. (Public Meeting 

Transcript, No. 21 at p. 279) The Joint Comment also stated that residential applications need to 

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be factored into the analysis, but because the same lamps can be used in all sectors, a separate 

analysis is not needed for the residential sector. (Joint Comment, No. 23 at p. 10) 

 In response, in this NOPR, DOE has analyzed GSFL in the residential sector. In 

interviews with manufacturers and by reviewing manufacturer product catalogs, DOE found that 

a significant portion of T12 4-foot medium bipin lamps operate in the residential sector. DOE is 

maintaining the same standards case lamps used in the commercial and industrial sectors for 4-

foot medium bipins in the residential sector because, as the Joint Comment stated, the same 

lamps can be used in all sectors. However, DOE is choosing a separate baseline lamp for the 

residential 4-foot medium bipin analysis. Conversations with industry experts and a published 

study prepared for PG&E22 have revealed that residential consumers are more likely to buy 40W 

T12 lamps because 32W T8 lamps and 34W T12 lamps are less common. Therefore, in the 

residential sector, DOE is only analyzing the 40W T12 lamp as a baseline lamp. In addition, 

reviewing available catalog information, DOE has found that the most common 40W T12 lamp 

sold in the residential sector is different from the 40W T12 baseline lamp presented in the March 

2008 ANOPR for the commercial and industrial sectors. 73 FR 13620, 13647 (March 13, 2008). 

Therefore, in the NOPR, DOE has chosen a 40W T12 baseline lamp for the residential sector that 

has a slightly lower efficacy (76.8 lm/W) and shorter lifetime (15,000 hours) than the typical 

40W T12 lamp sold in the commercial sector. 

 

22 “Codes and Standards Enhancement (CASE) Initiative for PY2008: Title 20 Standards Development,” Analysis 

of Standards Options for Linear Fluorescent Fixtures (Prepared for PG&E by ACEEE, Lighting Wizards, and 

Energy Solutions). (Last modified May 14, 2008) Available at: 

http://www.energy.ca.gov/appliances/2008rulemaking/documents/2008-05-

15_workshop/other/PGE_CASE_Study_-_Linear_Fluorescent_Fixtures.pdf

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EE-2006-STD-0131 COMMENT 31.2
 After reviewing manufacturer literature and the study prepared for PG&E on fixtures in 

the residential sector,23 DOE found that the most common residential sector ballast is a lowpower-factor 2-lamp magnetic T12 system with a ballast factor of 0.68. Therefore, for the 

NOPR, DOE paired the baseline lamp with this ballast for the residential sector analysis. 

 Because DOE has decided to cover and analyze 4-foot T5 miniature bipin standard output 

and 4-foot T5 miniature bipin high output lamps in this rulemaking (section III.A of this notice), 

DOE established baseline lamps for these two product classes. NEMA and the Joint Comment 

both stated that if DOE does not cover T5 lamps, then less efficient, halophosphor T5 lamps may 

enter the market place. (Public Meeting Transcript, No. 21 at pp. 71-72; Joint Comment, No. 23 

at p. 3) Because these less efficient halophosphor T5 lamps are not on the market today, DOE 

developed model T5 halophosphor lamps in its engineering analysis. To create these model T5 

lamps, DOE used efficacy data from short halophosphor fluorescent T5 lamps currently available 

and developed a relationship between length and efficacy. DOE validated this relationship by 

comparing it to previous industry research. DOE then used this relationship to determine the 

efficacies of a halophosphor 4-foot T5 miniature bipin standard output lamp and a halophosphor 

4-foot halophosphor T5 miniature bipin HO lamps. Specifically, the baseline 4-foot miniature 

bipin standard output lamp is 28W with an efficacy of 86 lm/W and a lifetime of 20,000 hours. 

The baseline 4-foot miniature bipin high output lamp is 54W with an efficacy of 77 lm/W and a 

lifetime of 20,000 hours. DOE used these lamps as baseline lamps to establish the economic 

impacts of a standard that would eliminate such lamps. For more information about these and 

other baseline lamps, see chapter 5 and appendix 5B of the TSD. 

 

23 Id. 

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In its review of manufacturer literature, DOE found that a range of ballast factors are 

available for the 4-foot T5 product classes, and the most common ballast is a 2-lamp electronic 

ballast. DOE attempts to compare lamp-and-ballast systems with similar light output so that 

consumers switching to more efficient systems will be able to preserve lumen output. In order 

for the halophosphor baseline T5 lamps to produce light output similar to the standards-case T5 

lamps, they must be paired with the highest ballast factor ballasts available on the market today. 

Therefore, in the NOPR, DOE is pairing its baseline 4-foot T5 SO miniature bipin lamp with a 

1.15 ballast factor ballast, and its baseline 4-foot T5 miniature bipin HO lamp with a 1.0 ballast 

factor ballast. For further detail on the baseline lamps and ballasts selected for the 4-foot T5 

product classes, see chapter 5 of the TSD. 

 

 DOE proposed in the March 2008 ANOPR that the most common ballast in use for the 8-

foot T12 recessed double-contact, high-output product class is an electronic rapid-start ballast. 

(March 2008 ANOPR TSD chapter 5). Several stakeholders commented at the public meeting 

that the majority of 8-foot T12 high-output ballasts installed today are magnetic. (Public 

Meeting Transcript, No. 21 at pp. 124–125; Public Meeting Transcript, No. 21 at p. 126) NEMA 

and the Joint Comment also commented that magnetic T12 high-output ballasts are allowed 

under current regulations and, therefore, will continue to be sold past 2009. (Joint Comment, 

No. 23 at p. 7; NEMA, No. 22 at p. 25) Because the majority of the installed base is magnetic, 

DOE is revising its baseline T12 high-output ballast to be magnetic for the life-cycle cost 

analysis. However, DOE recognizes that historical shipments from the 2000 rulemaking on 

GSFL ballasts (hereafter “2000 Ballast Rule”) (62 FR 56740 (Sept. 19, 2000)) indicate that T12 

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electronic high-output ballasts are also increasingly being shipped.24 Therefore, in the national 

impacts analysis, DOE modeled the installed base on magnetic ballasts, and forecasted shipments 

of T12 high-output lamps operating on both electronic and magnetic ballasts in the national 

impacts analysis. For further detail regarding the revised baseline lamps and systems for the 8-

foot RDC HO product class, see chapter 5 of the TSD. 

 DOE reviewed the remaining baseline lamp-and-ballast systems discussed in the March 

2008 ANOPR and believes they are still appropriate, as DOE received no comments concerning 

these systems. Therefore, DOE maintained the same number of lamps per system and ballasts 

discussed in the March 2008 ANOPR for the 4-foot medium bipin and 8-foot single pin slimline 

product classes analyzed in the commercial and industrial sectors. 73 FR 13620, 13647 (March 

13, 2008). 

b. Incandescent Reflector Lamps

 In the March 2008 ANOPR, DOE proposed three baseline lamps for the IRL 

representative product class. 73 FR 13620, 13648 (March 13, 2008). These baseline lamps, all 

parabolic reflector (PAR) halogen baseline lamps, are regulated by EPCA and meet the EPCA 

standard. (42 U.S.C. 6295(i)(1)) NEMA commented that because BR lamps remain on the 

market due to a Federal exemption and because they are commonly used in consumer 

applications, the BR lamp should be the baseline lamp instead of the halogen PAR. (Public 

 

24 U.S. Department of Energy—Energy Efficiency and Renewable Energy Office of Building Research and 

Standards, Technical Support Document: Energy Efficiency Standards for Consumer Products: Fluorescent Lamp 

Ballast Proposed Rule (Jan. 2000). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/gs_fluorescent_0100_r.html 

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Meeting Transcript, No. 21 at p. 162; NEMA, No. 22 at pp. 10, 16, and 18) NEMA also 

contends that because DOE selected halogen PAR lamps as the baseline, DOE is losing the 

opportunity to show additional energy savings. (NEMA, No. 22 at p. 16) 

In response, although BR lamps are a common incandescent reflector lamp on the market 

today, DOE believes they should not be selected as baseline lamps in the engineering analysis for 

the reasons that follow. The baseline lamp should be typical of covered lamps within a certain 

product class. The most common BR lamp is the 65W BR lamp, which remains on the market 

due to Federal exemptions. Because the 65W BR lamp is not covered in this rulemaking, it 

cannot be a baseline lamp. In addition, consumers purchasing the 65W BR lamp will continue to 

be able to purchase that lamp when amended IRL energy conservation standards become 

effective. Therefore, DOE would not be able to demonstrate additional energy savings for those 

consumers purchasing the 65W BR lamp even if it were able to select that lamp as a baseline 

lamp. 

 Although certain BR lamps are covered in this rulemaking, DOE predicts that the most 

typical lamp sold on the market in 2012 will continue to be the halogen PAR lamp. EISA 2007 

required that all non-exempted BR lamps meet EPCA standards by January 1, 2008. Because 

these lamps are similar in efficacy and price to the halogen PAR, the most common reflector 

lamps meeting the EPCA standard in 2007, DOE is continuing to choose halogen PAR lamps as 

the baseline lamp for the NOPR. 

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 NEMA commented that current PAR baseline lamps have higher efficacy than the lamps 

sold in 1992 (when EPACT 1992 prescribed IRL standards), due to optical improvements. 

(NEMA, No. 22 at p. 16) However, because DOE prefers that the baseline lamp be typical of 

lamps sold on the market today, DOE is maintaining the same 90W PAR baseline lamp and 75W 

PAR baseline lamp used in the March 2008 ANOPR. 73 FR 13620, 13648 (March 13, 2008). 

DOE now believes that the 50W PAR30 baseline lamp with a lifetime of 3,000 hours and an 

efficacy of 11.6 lm/W presented in the March 2008 ANOPR is not typical of lamps sold on the 

market today. 73 FR 13620, 13648 (March 13, 2008). Therefore, for this notice, DOE is 

choosing a 50W PAR30 lamp with an efficacy of 14.2 lm/W and a lifetime of 3,000 hours. 

Based on an examination of manufacturer product catalogs, DOE believes that this lamp is a 

higher-volume product than the baseline lamp presented in the March 2008 ANOPR. The lamp 

choice is consistent with advice DOE received from GE to use lamps from major manufacturers 

in the IRL analysis for modified-spectrum lamps. (Public Meeting Transcript, No. 21 at p. 170) 

For further detail on IRL baseline lamps, see chapter 5 of the TSD. 

4. Lamp and Lamp-and-Ballast Designs

 As described in the March 2008 ANOPR, in the engineering analysis, DOE considered 

only “design options”—technology options used to improve lamp efficacy that were not 

eliminated in the screening analysis. 73 FR 13620, 13644 (March 13, 2008). DOE’s selection of 

design options guided its selection of lamp and lamp-and-ballast designs and efficacy levels. For 

example, for GSFL, DOE noted groupings around the types of phosphor used and the wall 

thickness of those phosphors. Regarding IRL, DOE identified natural “technology-based” 

divisions in the market around the type of incandescent technology (i.e., halogen or HIR) used. 

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DOE also identified certain technology options and created model lamps to represent the efficacy 

those technology options could achieve. 

 As described in the March 2008 ANOPR, DOE also accounted for lumen output when 

DOE established lamp designs for its analyses. 73 FR 13620, 13648 (March 13, 2008). For the 

LCC analysis, DOE considered those lamps (or lamp-and-ballast systems) that: (1) emit lumens 

equal to the lumen output of the baseline lamp or lamp-and-ballast system, or below that lamp by 

no more than 10 percent; and (2) result in energy savings. DOE took this approach in order to 

accurately characterize the cost-effectiveness of a particular efficacy level if a consumer makes 

an informed decision that maintains light output. However, as DOE recognizes that all 

consumers may not make such decisions, lamp or lamp-and-ballast designs that under-illuminate, 

over-illuminate, or do not result in energy savings are considered in the NIA. 

a. General Service Fluorescent Lamps

 As described in the March 2008 ANOPR, DOE used a systems approach for the 

fluorescent lamp analysis, because DOE recognizes that both lamps and ballasts determine a 

system’s energy use and the overall system lumen output. 73 FR 13620, 13649 (March 13, 

2008). This approach allows DOE to select a variety of lamp-and-ballast designs that meet a 

given efficacy level. Generally, DOE chose its potential design options by selecting 

commercially-available fluorescent lamps at higher efficacies than the baseline lamps. These 

higher efficacies are achieved through the design options described in the screening analysis. 

After selecting these higher-efficacy lamps, DOE selected lamp-and-ballast combinations for the 

LCC that both save energy and maintain comparable lumen output. For instances when the 

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consumer is replacing only the lamp, DOE selected a reduced-wattage, higher-efficacy lamp for 

use on the existing ballast. For instances when the consumer is replacing both the lamp and the 

ballast, DOE was able to obtain energy savings and maintain comparable lumen output using a 

variety of lamp-and-ballast combinations. 

 In the March 2008 ANOPR, DOE stated that it was not able to identify any application 

restrictions on using reduced-wattage fluorescent lamps, so therefore, DOE included reducedwattage lamps as design options in the ANOPR. 73 FR 13620, 13650 (March 13, 2008). NEMA 

responded that most manufacturers identify several application issues for these lamps. For 

example, NEMA stated that reduced-wattage T8 lamps cannot be used with certain rapid-start 

circuits, at temperatures below 60 degrees Fahrenheit (°F) (or 70 °F for the 25W lamp), in drafty 

locations, in air-handling fixtures, on low-power-factor ballasts, on dimming ballasts, or on an 

inverter-operated emergency lighting system, unless the equipment is specifically listed for use 

with the reduced-wattage lamp in question. (NEMA, No. 22 at p. 10) NEMA also stated that 

reduced-wattage T12 lamps cannot be used at temperatures below 60 °F, in drafty locations, on 

low-power-factor ballasts, on reduced-light-output ballasts, on dimming ballasts, or on inverteroperated emergency lighting systems unless the equipment is specifically listed for use with the 

reduced-wattage lamp in question. (NEMA, No. 22 at p. 11) 

 In response, DOE recognizes that reduced-wattage lamps cannot be used in certain 

applications and that consumers should not be subject to any decrease in utility and performance 

due to an amended energy conservation standard. However, because consumers have the 

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opportunity to purchase at least one full-wattage T12 or T8 lamp at each efficacy level, consumer 

utility will not be reduced by amending the existing energy conservation standard. 

There are many applications where reduced-wattage lamps are appropriate. Therefore, 

DOE is modeling reduced-wattage lamps in the engineering analysis. In the NIA, DOE did not 

shift all consumers to reduced-wattage lamps in response to an energy conservation standard, 

because reduced-wattage lamps cannot be used in certain applications. Specifically, the majority 

of residential consumers have low-power-factor ballasts not designed to operate 34W T12 lamps. 

These assumptions are displayed in the NIA market-share matrices described in chapter 10 of the 

TSD. 

 

b. Incandescent Reflector Lamps

 In the March 2008 ANOPR, DOE selected lamp designs and candidate standard levels 

(CSLs) by observing natural efficacy divisions in the marketplace that correspond to the use of 

technologies (e.g., halogen capsules, HIR technology, and improved reflector coatings) to 

increase lamp efficacy. 73 FR 13620, 13650 (March 13, 2008). CSL1, as set forth in the March 

2008 ANOPR, could be met with a halogen lamp using a silverized reflector coating. CSL2 

could be met with a 3,000-hour halogen infrared (IR) lamp. CSL3 could be met with an 

improved 4,000-hour halogen infrared lamp. CSL3 could also be achieved by using design 

options like a silverized reflector coating with a halogen infrared burner, or improved filament 

placement and higher efficiency inert fill gases in conjunction with a halogen infrared burner. 

 

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 At the public meeting and through written comments, NEMA proposed several changes 

to the lamp designs and efficacy levels DOE identified for the IRL engineering analysis. NEMA 

suggested that DOE should analyze four efficacy levels, beginning with one slightly above 

EPCA and ending with the max-tech candidate standard level analyzed in the March 2008 

ANOPR. (NEMA, No. 22 at p. 17) However, the efficacies of the baseline lamps chosen in the 

engineering analysis are above the lowest NEMA-proposed efficacy level. Therefore, because 

NEMA’s lowest proposed efficacy level would not raise the efficacies of the most common 

reflector lamps on the market today, DOE did not consider it in this NOPR. 

 NEMA commented that DOE should also consider in its NOPR an efficacy level that can 

be met with non-standard halogen or infrared halogen lamps. (NEMA, No. 22 at p. 18) This 

standard level would lie between the first efficacy level proposed by NEMA and the first 

candidate standard level (CSL1) proposed by DOE in the March 2008 ANOPR. 73 FR 13620, 

13651 (March 13, 2008). To model the technologies that meet this efficacy level, DOE modeled 

an improved halogen lamp that uses xenon, a higher efficiency inert fill gas. 

NEMA commented that DOE should not analyze CSL1 presented in the March 2008 

ANOPR because that level is based on the silverized reflector coating, a patented technology.25 

(NEMA, No. 22 at pp. 16-17; Public Meeting Transcript, No. 21 at pp. 157–158) Other 

stakeholders commented that DOE should research when the patent on the silver technology 

 

25 DOE notes that it would clearly be technologically feasible for manufacturers to adopt a product design that 

surpasses the levels specified in CSL1 (e.g., using technologies that meet CSL2) and also avoids use of the 

proprietary technology in question. However, if DOE were to adopt CSL1, as presented in the March 2008 

ANOPR, such manufacturers would be at a competitive disadvantage as compared to manufacturers who are able to 

access the patented technology.

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expires, because the standard does not go into effect until 2012. (Joint Comment, No. 23 at p. 

15) The Joint Comment stated that DOE should research viable alternatives that can be used to 

reach the first CSL if the silverized reflector coating is indeed patented. (Joint Comment, No. 23 

at p. 15) 

In response to these stakeholder comments, DOE researched the silverized reflector 

technology and found that the patent for that technology expires in December 2019.26 Therefore, 

for the purpose of this rulemaking, DOE considers the silverized reflector coating a proprietary 

technology. As discussed during the Framework stage of this rulemaking, DOE only considers 

proprietary designs in its engineering analysis if there are other technology pathways to meet that 

efficacy level. DOE researched possible lamp designs for the March 2008 ANOPR’s first CSL 

and found that a halogen lamp with a silverized reflector coating is the only improved halogen 

technology that can meet the March 2008 ANOPR CSL1. However, a slightly lower level can be 

achieved with an HIR lamp that has a 6,000-hour lifetime. Therefore, DOE is considering a 

slightly lower level that can be met by both long-life HIR lamp designs and silverized reflector 

coating lamp designs in the NOPR. In its analysis of this level, DOE considers both lamp 

designs as viable consumer options. 

 NEMA commented that DOE should lower CSL2, because longer life lamps would be in 

jeopardy of being eliminated from the marketplace. Because longer life products typically have 

lower efficacies, manufacturers may need to reduce lamp life to meet a particular efficacy level. 

(Public Meeting Transcript, No. 21 at pp. 177-178; NEMA, No. 22 at p. 16; Joint Comment, No. 

 

26 Zhao, Tianji et al., “Protected Coating for Energy Efficient Lamp,” U.S. Patent 6,773,141 (August 10, 2004). 

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23 at p. 15) Although increased lifetime reduces a lamp’s efficacy, DOE believes that lifetime is 

a consumer economic issue rather than a utility issue. In addition, the IRL at each standard level 

can be manufactured with lifetimes equal to or greater than the lifetimes of the baseline lamp. 

Therefore, consumers who are purchasing the baseline lamp will continue to be able to purchase 

a lamp with a similar lifetime in the standards case. Finally, DOE has conducted an analysis to 

assess the impact of standards on longer lifetime lamps. Based on this analysis, documented in 

appendix 5D of the TSD, DOE is reasonably certain that even under the highest efficacy level 

analyzed in this NOPR, 6,000 hour lifetime lamps are technologically feasible. For all of these 

reasons, DOE maintained the lamp designs and efficacy level for CSL2 described in the March 

2008 ANOPR. 

 Similar to its comments related to CSL1, NEMA commented that CSL3 is problematic 

because it is also based on the silverized reflector coating, a patented technology. (NEMA, No. 

22 at p. 17; Public Meeting Transcript, No. 21 at pp. 157158) 

In its conversations with manufacturers and review of manufacturer catalogs, DOE found 

that CSL3 is achievable using technologies other than a silverized reflector coating. For 

example, other non-patented types of improved reflectors and higher-efficiency IR coatings can 

be used to reach this level. In fact, all major manufacturers produce two or more lamps that 

exceed this level, some of which are not dependent on the proprietary silverized reflector. 

Therefore, because there are alternate technology pathways to this level, DOE maintained the 

March 2008 ANOPR CSL3 as efficacy level 4 in the NOPR. This efficacy level is consistent 

with CSL4 proposed by NEMA in its comment. (NEMA, No. 22 at p. 17) 

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Finally, DOE conducted additional market research and discovered that IRL with 

efficacies significantly higher than the ANOPR CSL3 (or NOPR EL4) are being sold by one 

major manufacturer. These IRL are marketed as halogen infrared lamps with a silverized 

reflector, improved IR coating, and a lifetime of 4,200 hours. Therefore, in order to meet the 

requirement to analyze the highest technologically feasible level, for the NOPR, DOE has added 

a fifth efficacy level (EL5) based on these high-efficacy lamps. Although, to DOE’s knowledge, 

there are no commercially-available IRL that do not use the patented silverized reflector and are 

equivalent in efficacy, DOE’s research indicates that that are alternate, non-proprietary 

technology pathways to meet this efficacy level. In particular, DOE has extensively researched 

one particular advanced IR coating technology. Through interviews with manufacturers of this 

technology and through independent testing, DOE has preliminarily concluded that by using this 

advanced IR coating technology with a standard aluminum reflector, manufacturers can produce 

an IRL with an efficacy that exceeds EL5. For further detail on DOE’s research on this 

technology, see appendix 5D of the TSD. 

In summary, EL1 is based on an improved halogen lamp that uses xenon, a higherefficiency inert fill gas. EL2 is based on a halogen infrared lamp with a lifetime of 6,000 hours; 

a halogen lamp using a silverized reflector coating could also meet this EL. EL3 is associated 

with a 3,000-hour halogen infrared lamp; this EL is more efficient than EL2 due to higher 

temperature operation of the filament. EL4 is based on a 4,000-hour improved halogen infrared 

lamp; improvements in the halogen infrared lamp could be made by using a double-ended 

halogen infrared burner, higher-efficiency inert fill gases, and efficient filament orientation. EL5 

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is based on a 4,200-hour halogen infrared lamps (even further improved); these further 

improvements include an improved reflector, IR coating, or filament design that produces 

higher-temperature operation (and may reduce lifetime to 3,000 hours). 

5. Efficiency Levels

a. General Service Fluorescent Lamps

i. Revisions to ANOPR Efficiency Levels

For the March 2008 ANOPR, DOE developed CSLs for GSFL by dividing initial lumen 

output by the ANSI rated wattages of commercially-available lamps, resulting in rated lamp 

efficacies. In response to the potential GSFL efficacy levels presented in the March 2008 

ANOPR, NEMA commented on several reasons why the association believes that the efficacy 

levels need to be revised. NEMA’s comments regarding the efficacy levels considered in the 

March 2008 ANOPR can be divided into five categories: (1) the appropriateness of using ANSI 

rated wattages in the calculation of lumens per watt; (2) consideration of variability in production 

of GSFL; (3) manufacturing process limitations related to specialty products; (4) consideration of 

adjustments to photometry calibrations; and (5) the appropriateness of establishing efficacy 

levels to the nearest tenth of a lumen per watt. (NEMA, No. 22 at p. 13-14) In consideration of 

the above issues, NEMA suggested revised efficacy levels that could achieve the same results as 

the efficacy levels considered in the March 2008 ANOPR. 

First, in support of lowering the March 2008 ANOPR efficacy levels, NEMA argued that 

ANSI rated wattages of GSFL are not necessarily representative of long-term reference watts. 

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NEMA further stated that in many cases the actual lamp reference watts are greater than the 

ANSI designated value. (NEMA, No. 22 at p. 14) Second, NEMA commented on production 

variability and its impact on the resulting measured lamp efficacies. NEMA stated that DOE 

should not use nominal catalog initial lumen values when developing efficacy levels, as they do 

not reflect statistical lot-to-lot production variation. It also argued that as lamp lumens per watt 

is not a controlled process element in production or a product rating, larger tolerances may be 

required. NEMA further stated that lumens per watt is actually a calculation based on two 

primary process control elements: (1) watts and (2) lumens. When practical production variation 

in lamp wattage (above ANSI-designated values) and lamp lumens (below catalog initial lumens) 

combine, the resulting variation in lumens per watt may be larger than expected. NEMA stated 

that DOE’s proposed efficacy levels should be lowered to account for these tolerances. (NEMA, 

No. 22 at p. 14) 

In consultation with the National Institute of Standards and Technology (NIST), DOE has 

investigated this issue thoroughly, and DOE agrees with NEMA on several points. By analyzing 

manufacturer compliance reports (submitted to DOE for existing GSFL energy conservation 

standards), DOE found that efficacies of lamps when reported for the purpose of compliance 

often vary from catalog-rated values. Specifically, DOE agrees that ANSI designated rated 

wattages may not be appropriate in calculating efficacy. In fact, the test procedures for GSFL 

incorporate a tolerance factor comparing measured lamp wattage to ANSI-rated wattage. DOE 

acknowledges that this tolerance factor could in fact significantly alter the measured efficacy of 

the lamps from the rated efficacy. In addition, DOE agrees that using rated lamp efficacy does 

not sufficiently account for lot-to-lot production variability. For this reason, to establish revised 

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GSFL efficacy levels, DOE proposes to use lamp efficacy values submitted to DOE over the past 

10 years for the purpose of compliance with existing energy conservation standards. Using 

compliance reports as a basis for efficacy standards should ensure that DOE is accurately 

characterizing the tested performance of GSFL, accounting for the measured wattage effects and 

wattage and lumen output variability as discussed above. 

Further remarking on the effects of production variability, NEMA argued that it is 

inappropriate to use a small number of test samples to calculate a lumen-per-watt efficacy level. 

NEMA stated that its suggested levels incorporate a safety factor to take into account 

manufacturer process variations. (NEMA, No. 22 at p. 14) While DOE appreciates NEMA’s 

input, it disagrees that the sample size is inappropriate. At NEMA’s suggestion, a sample size of 

21 lamps was originally established for reporting requirements in the 1997 test procedure 

rulemaking. 62 FR 29222, 29229 (May 29, 1997). The reported efficacy values are obtained by 

testing at least three lamps manufactured each month for at least 7 months out of a 12-month 

period. Upon receiving NEMA’s comment, DOE consulted with NIST and has tentatively 

concluded that the minimum of 21 samples is sufficiently large sample size, assuming a normal 

distribution. In addition, by using the compliance report efficacies, DOE believes that it is 

accounting for statistical variations due to differences in production. The efficacy reported for 

compliance is related to the lower limit of the 95-percent confidence interval. This interval 

represents variation over the whole population of production, not only the sample size. 62 FR 

29222, 29230 (May 29, 1997). 

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Third, NEMA commented that the proposed efficacy levels should be lowered to account 

for realistic production and manufacturing process limitations. NEMA argued that it may not be 

possible to apply the highest efficacy levels to some specialty products because they do not use 

high-speed production methods. (NEMA, No. 22 at p. 14) DOE is unaware of specialty 

products that meet the definition of GSFL and would be unable to meet the proposed standards. 

Therefore, DOE cannot appropriately quantify the reduction in efficacy level necessary if such 

situation in fact exits. DOE requests further comment and detail on this topic. 

Fourth, NEMA claims that because the National Voluntary Laboratory Accreditation 

Program (NVLAP) has made adjustments to photometry calibrations since 1997, the lumens for 

some products have actually been reduced. These adjustments would thereby merit a reduction 

in DOE’s GSFL efficacy levels. (NEMA, No. 22 at p. 14) In response, DOE consulted with 

NIST, which is unaware of any such adjustments in photometry calibrations since 1997. The 

lumen scale has not changed more than 0.2 percent as a result of changes to calibration systems. 

Furthermore, the formula used in the compliance reports contains a 2-percent de-rate factor to 

allow for testing variations. Therefore, DOE disagrees with NEMA’s assertion that the efficacy 

levels should be further lowered to account for these adjustments. 

Finally, NEMA maintained that if DOE uses lumens per watt as the efficacy level 

measurement, then the numbers should be rounded to the nearest whole number, rather than 

carried out to the tenths decimal place. In the March 2008 ANOPR, DOE considered efficacy 

levels that were specified to the nearest tenths lumen per watt. NEMA asserts that lamp testing 

and production variation does not allow for establishing minimum lumens per watt levels to the 

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tenth place. (NEMA, No. 22 at p. 12) While DOE appreciates NEMA’s comment, after 

consulting with NIST, DOE disagrees that lamp production variation would prohibit the 

regulation of GSFL to the nearest tenth decimal place of lumens per watt. If DOE were able to 

set minimum efficacy requirements to the nearest tenth of a decimal place, the higher-accuracy 

measurements and compliance could result in increased energy savings. However, in 

consideration of DOE’s approach to establish efficacy levels and conduct subsequent analyses 

based on certification and compliance reports submitted by manufacturers, DOE now believes 

that maintaining the current rounding procedure (i.e., to the nearest whole lumen per watt) is 

more appropriate. Because manufacturer compliance reports round numbers to the nearest 

lumen per watt, DOE believes that the data would not support establishment of an energy 

conservation standard for GSFL to the nearest tenth of a lumen per watt. Therefore, in this 

NOPR, DOE is proposing to establish efficacy levels as whole lumen per watt numbers. 

DOE presents revised GSFL efficacy levels in section VI.A.1 of this NOPR. 

ii. Four-Foot T5 Miniature Bipin Efficiency Levels

 Because DOE proposes to cover 4-foot T5 miniature bipin lamps and 4-foot T5 miniature 

bipin HO lamps, DOE developed efficacy levels for these two product classes. In its review of 

manufacturer literature, DOE identified the most common 4-foot T5 miniature bipin standard 

output lamps on the market (which based on product catalogs, DOE believes accounts for the 

majority of the 4-foot T5 SO market). The first efficacy level for this product class is based on 

these lamps, which use 800-series phosphors and have a rated catalog efficacy (initial lamp 

lumens divided by ANSI rated wattage) of 104 lm/W. In its research, DOE also noted higher 

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efficacy 4-foot T5 miniature bipin standard output lamps that use improved 800-series 

phosphors. Specifically, there is a reduced-wattage (26W) 4-foot T5 miniature bipin lamp (with 

a rated efficacy of 112 lm/w) and a full-wattage (28W) lamp (with a rated efficacy of 110 lm/w). 

EL2, the second efficacy level for this product class, is based on these higher-efficacy lamps. 

Therefore, DOE analyzed two efficacy levels for this product class. The first efficacy level 

prevents the introduction of less-efficacious halophosphor lamps on the market, while the second 

efficacy level raises the efficacy of the current highest volume 4-foot T5 miniature bipin lamps 

on the market. In order to account for manufacturer variation, DOE used the average reductions 

in efficacy values due to manufacturer variation calculated for the highest efficacy 4-foot T8 

medium bipin lamps, and applied those same reductions to the 4-foot miniature bipin rated 

efficacy values. 

 For the 4-foot T5 miniature bipin HO product class, DOE found that higher-efficacy fullwattage lamps do not exist on the market today. DOE did identify a higher-efficacy reducedwattage lamp for this product class. However, because reduced-wattage lamps have a limited 

utility, DOE is choosing to base its efficacy levels on full-wattage lamps. In this way, consumers 

are not forced to purchase a lamp with limited utility under energy conservation standards 

Therefore, for this product class, DOE is analyzing one efficacy level, which prevents the 

introduction of less-efficacious halophosphor lamps on the market. For more information on 

GSFL efficacy levels, see chapter 5 of the TSD. 

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b. Incandescent Reflector Lamps

 As wattage increases for incandescent lamps, efficacy generally increases. Therefore, so 

that the efficacy levels reflected the performance of these lamps, DOE proposed in the ANOPR 

that the efficacy requirement for IRL vary according to the following equation: a*P0.27, where 

“a” is a constant specifying the technology level and “P” is the wattage of the lamp. 73 FR 

13620, 13645 (March 13, 2008). At the public meeting, NEMA commented that the smooth 

form of the candidate standard levels for IRL was appropriate. (Public Meeting Transcript, No. 

21 at pp. 100–101, 156) Several other stakeholders also commented that they support the 

continuous function for IRL. These stakeholders noted that continuous functions more closely 

follow theoretical equations predicting the level of efficacy possible for any given desired level 

of light output and thus maximize energy savings. (Joint Comment, No. 23 at p. 15) DOE 

agrees with these comments and is proposing to maintain the continuous function for IRL in the 

same equation form proposed in the ANOPR. 

 As described in section V.C.4.b, DOE is proposing five efficacy levels in this NOPR. 

EL1 is based on an improved halogen lamp that uses xenon, a higher-efficiency inert fill gas. 

EL2 is based on a halogen infrared lamp with a lifetime of 6,000 hours. A halogen lamp using a 

silverized reflector coating also meets this EL. EL3 is based on the 3,000-hour HIR lamp. EL4 is 

based on a 4,000-hour improved HIR lamp. EL5 is based on a 4,200-hour improved HIR lamp. 

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EE-2006-STD-0131 COMMENT 31.2
6. Engineering Analysis Results

a. General Service Fluorescent Lamps

 In chapter 5 of the March 2008 ANOPR TSD, DOE presented lifetime, rated wattage, 

and rated efficacy results for all lamp-and-ballast designs. NEMA commented that the lifetime 

rating for the reduced-wattage 30W T8 lamp should be 20,000 hours instead of 18,000 hours. 

(NEMA, No. 22 at p. 18) DOE reviewed catalog data and agrees that 20,000 hours is the 

appropriate lifetime for the 30W T8 lamp. DOE also reviewed catalog data for other reducedwattage lamps. DOE found several 25W T8 lamps that were introduced on the market after it 

completed the ANOPR GSFL engineering analysis. Therefore, DOE updated the 25W T8 

reduced-wattage lamp to have a slightly higher lumen output and longer lifetime to reflect the 

more common 25W T8 lamps sold on the market today. 

 Through interviews with lamp manufacturers, DOE found that several of the rated 

wattages DOE used in its ANOPR for the 4-foot medium bipin product class were not accurate. 

For the NOPR, DOE updated the rated wattage of the nominally 40W T12 from 40 to 41 watts. 

DOE also updated the rated wattage of the 30W T8, 28W T8, and 25W T8 lamp from 30 to 30.4 

watts, 28 to 28.4 watts, and 25 to 26.6 watts, respectively. Due to these updates (and because the 

rated wattage affects the rated lamp efficacy), two 40W T12 lamps and the 25W T8 lamp have 

lower efficiencies than as they were analyzed in the March 2008 ANOPR. For further detail 

associated with these revisions, see chapter 5 of the TSD. 

 In addition to updating lamp efficacy, DOE revised the 8-foot T12 high output 

engineering analysis to reflect the purchase of a magnetic ballast in both the base case and 

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EE-2006-STD-0131 COMMENT 31.2
standards case. As discussed in section V.C.4.a of this notice, DOE recognizes that a typical 8-

foot T12 high output system uses a magnetic ballast. In addition, as the 2000 ballast rule does 

not require that these systems be electronic, consumers will be able to purchase a magnetic 8-

foot T12 high output system in the future. 

 DOE also created a separate residential engineering analysis. In this engineering 

analysis, DOE assumes that the most typical installed fluorescent system in a residential 

household is a 40W T12 magnetic system. However, DOE recognizes that T8 systems are 

gaining in market share in the residential market. Therefore, DOE assumes that the majority of 

fluorescent systems installed for new construction and renovation in the residential sector are T8 

systems. DOE discusses this assumption further in section V.D and V.E, as it primarily affects 

the LCC and NIA. 

 In the March 2008 ANOPR, DOE considered using two low ballast factor (BF) ballasts 

for 4-foot T8s, a 0.75 BF and a 0.78 BF. ACEEE stated that manufacturers are now selling 

ballasts for 4-foot T8 lamps with a ballast factor between 0.68-0.7 and that DOE should consider 

this ballast in the engineering analysis. (Public Meeting Transcript, No. 21 at p. 262) After 

reviewing catalog data for fluorescent lamp ballasts, DOE decided to add a ballast with a 0.71 

BF in its engineering analysis as a system option that attains energy savings while maintaining 

light output. By including this low-BF ballast, DOE is able to more thoroughly characterize all 

consumer purchase options in the LCC and NIA. 

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EE-2006-STD-0131 COMMENT 31.2
b. Incandescent Reflector Lamps

 In the March 2008 ANOPR, DOE also presented engineering analysis results for IRL. 

NEMA generally agreed with the efficacy values in the table. (NEMA, No. 22 at p. 18) Thus, 

DOE is maintaining this approach with one exception. Specifically, DOE is revising the efficacy 

values it used for the 50W PAR30 baseline lamps and is creating several additional model lamps 

for the efficacy levels not analyzed in the March 2008 ANOPR. Because the revised baseline 

model exhibits a slightly different lumen package than the baseline model analyzed in the March 

2008 ANOPR, DOE has created several additional model lamps in order to match the lumen 

package of the baseline lamp. For more information on the revised baseline model, see section 

V.C.3.b. For more information about lamp designs used in the IRL engineering analysis, see 

chapter 5 of the TSD. 

7. Scaling to Product Classes Not Analyzed

As discussed above, DOE identified and selected certain product classes as 

“representative” product classes where DOE would concentrate its analytical effort. DOE chose 

these representative product classes primarily because of their high market volumes. The 

following section discusses how DOE scaled efficacy standards from those product classes it 

analyzed to those it did not. 

a. General Service Fluorescent Lamps

 In the engineering analysis for GSFL, DOE decided not to analyze the 2-foot U-shaped 

product class and the product classes with a CCT greater than 4,500K, due to the small market 

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EE-2006-STD-0131 COMMENT 31.2
share of these classes. Instead, DOE is scaling the efficacy standards for the product classes 

analyzed to these product classes. The following sections discuss DOE’s approaches to scaling 

to product classes not directly analyzed. 

i. Correlated Color Temperature

Regarding the CCT product class division, DOE found in the March 2008 ANOPR that 

the reduction in efficacy between 4,100K and 6,500K lamps was between 4 percent and 7 

percent. To avoid subjecting certain products to inappropriately high standards, DOE considered 

a single 7-percent reduction (from the efficacy levels for lamps with CCT less than or equal to 

4,500K (low CCT)) for product classes greater than 4,500K (high CCT). 73 FR 13620, 13653 

(March 13, 2008). 

NEMA disagreed with DOE’s use of a single 7-percent reduction for all GSFL lamps 

with a CCT greater than 4,500K. (NEMA, No. 22 at p. 18) NEMA submitted a written comment 

recommending an individualized reduction for each efficacy level and each product class for 

products with a CCT between 4,500K and 7,000K. NEMA’s reductions ranged from 2.6 percent 

to 7.2 percent, depending on the efficacy level and product class. (NEMA, No. 26 at pp. 4, 6–7) 

The Joint Comment also disagreed with the 7-percent reduction DOE employed. 

Looking at catalog data for the greater-than-4,500K product classes, the Joint Comment noted 

that the reduction in efficacy when moving from low-CCT to high-CCT lamps or from 4-foot 

MBP to 2-foot U-shaped lamps varies by efficacy level. For example, at CSL1 in the 4-foot 

medium bipin product class, the Joint Comment found that no reduction in the efficacy standard 

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EE-2006-STD-0131 COMMENT 31.2
was necessary because high-CCT and 2-foot U-shaped T8 lamps are able to meet that level. At 

CSL3, the Joint Comment found a 5-percent reduction was appropriate; at CSL4 and CSL5, the 

Joint Comment found a 3-percent reduction was appropriate. Based on this data, the Joint 

Comment stated that the commenters would accept a 5-percent reduction for both the 2-foot Ushaped and greater-than-4,500K product classes. (Joint Comment, No. 23 at pp. 9–10) 

Through an examination of the comments and a further inspection of manufacturer 

catalog data, DOE now recognizes that a single efficacy reduction of 7 percent for each efficacy 

level and each product class is not always appropriate when trying to establish efficacy levels for 

lamps with greater than 4,500K CCT. Therefore, for this NOPR, DOE proposes to establish a 

separate scaling factor for each EL and product class. DOE’s intention in developing scaling 

factors for this NOPR was to establish high-CCT efficacy levels that mimic the same 

technological effects as the low-CCT efficacy levels. For example, if EL3 for the low-CCT 4-

foot MBP product class eliminates all but the highest-efficacy, low-CCT T12 lamps, DOE 

established a high-CCT EL3 that attempted to eliminate all but the highest-efficacy, high-CCT, 

T12 lamps as well. Because the NEMA technical committee analyzed all efficacy levels for all 

product classes with a similar intention and because DOE found that this range is consistent with 

the range of reductions found in manufacturer literature, DOE proposes to adopt the percentage 

reduction for each EL suggested by NEMA. In order to establish efficacy levels for high CCT 

lamps, DOE then applied these percentage reductions to the efficacy levels (discussed in 

sectionV.C.5.a) for the representative product classes. For more information on the efficacy 

levels for product classes with a CCT greater than 4,500K, see chapter 5 of the TSD. 

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EE-2006-STD-0131 COMMENT 31.2
ii. U-Shaped Lamps

Regarding the 2-foot U-shaped product classes, in March 2008 ANOPR, DOE found that 

when comparing catalog efficacies of 2-foot U-shaped lamps to 4-foot MBP lamps, efficacy 

scaling factors varied depending on whether one was comparing T12 lamps or T8 lamps. 

Specifically, DOE had initially determined that a 3-percent reduction was appropriate for T8 

lamps, and a 6-percent reduction was appropriate for T12 lamps. To avoid subjecting certain 

products to inappropriately high standards, DOE stated that it was considering to apply a single 

6-percent reduction from the five 4-foot medium bipin efficacy levels to obtain five 2-foot Ushaped efficacy levels. 73 FR 13620, 13653 (March 13, 2008). 

In response to the ANOPR, NEMA commented that only three ELs for the 2-foot Ushaped product class were appropriate. These ELs recommended by NEMA were based on the 

same technology options for the 4-foot medium bipin product class: (1) NEMA’s EL1 would 

remove all halophosphor T12 lamps; (2) NEMA’s EL2 would remove all 700-series T12 Ulamps; and (3) NEMA’s EL3 would remove all T12 U-lamps. (NEMA, No. 22 at p. 15) Each 

EL recommended by NEMA represented an approximately 9-percent to 10-percent reduction 

from ELs in the 4-foot medium bipin product class. As discussed above, the Joint Comment 

recommended that DOE use a single 5-percent reduction when scaling from the 4-foot medium 

bipin product class to the 2-foot U-shaped product class. However, the Joint Comment also 

found that the reduction varied by CSL. (Joint Comment, No. 23 at pp. 9–10) 

Similar to its analysis regarding scaling to high-CCT product classes, DOE recognizes 

that a single reduction in efficacy may not be appropriate for all efficacy levels for the U-shaped 

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EE-2006-STD-0131 COMMENT 31.2
product classes. Therefore, similar to NEMA’s suggestion, DOE is proposing a separate 

reduction for each efficacy level based on similar technology steps seen for the 4-foot medium 

bipin product class. However, after examining commercially-available product DOE believes 

that five, not three, efficacy levels are appropriate for the 2-foot U-shaped product class. DOE 

assessed manufacturer catalogs containing commercially-available U-shaped lamps to develop 

standard levels with a similar technology impact at each EL as 4-foot linear medium bipin lamps. 

DOE supplemented this analysis with compliance report data for U-shaped lamps to verify that 

the established efficacy levels coincide with the technological goals and actual performance of 

products on the market. For specific scaling factors for the proposed 2-foot U-shaped efficacy 

levels and a more detailed discussion of DOE’s methodology, see chapter 5 of the TSD. 

b. Incandescent Reflector Lamps

i. Modified-Spectrum IRL

 At the ANOPR public meeting, DOE stated that the average reduction in efficacy of 

modified-spectrum lamps (as compared to standard spectrum lamps) was between 2 percent and 

25 percent, with an average reduction of 15 percent. DOE acknowledged the range of spectrum 

modification and its effects on utility, and aimed to establish a standard that would not eliminate 

modified-spectrum lamps. Therefore, in the March 2008 ANOPR, DOE considered a minimum 

efficacy requirement for each modified-spectrum lamp that would be dependent on the testing of 

a equivalent standard-spectrum lamp. More specifically, the efficacy requirement for the 

modified-spectrum lamp would be determined on a per-lamp basis by measuring the lumen 

output of both the modified-spectrum lamp and the equivalent standard-spectrum reference lamp; 

manufacturers would then multiply the ratio of lumen outputs (i.e., the lumen output of the 

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EE-2006-STD-0131 COMMENT 31.2
modified-spectrum lamp divided by the lumen output of the standard-spectrum reference lamp) 

by the efficacy requirement for the standard-spectrum reference lamp to obtain the efficacy 

requirement for that modified-spectrum lamp. 73 FR 13620,13653 (March 13, 2008). 

 GE commented that this approach may be reasonable as long as DOE gave this reduction 

to true modified-spectrum lamps, rather than lamps marketed as having modified spectrums, but 

which in fact do not meet the requirements of that term. (Public Meeting Transcript, No. 21 at p. 

168) NEMA commented that DOE’s proposal for establishing an efficacy standard for 

modified-spectrum IRL is complicated, difficult to enforce, and non-verifiable. (NEMA, No. 22 

at p. 19) In addition, NEMA expressed concern that the responsibility of establishing the 

efficacy for the equivalent standard-spectrum lamp would fall on the manufacturer. (Public 

Meeting Transcript, No. 21 at pp. 100–101) Also, the Joint Comment disagreed with an 

approach that would allow modified-spectrum technologies a variable reduction in efficacy 

(depending on their degree of spectrum modification and the method with which it is reached). 

(Joint Comment, No. 23 at p. 16) In response to those comments, DOE recognizes the 

drawbacks to the approach considered in the ANOPR and instead in the NOPR is proposing a 

single efficacy requirement (irrespective of the degree or method of spectrum modification) for 

each modified-spectrum IRL product class. 

 GE and NEMA suggested that the 25-percent reduction for A-line modified-spectrum 

lamps enacted by EISA 2007 standards for general service incandescent lamps (GSIL) and 

modified-spectrum GSIL may be appropriate for modified-spectrum IRL. (Public Meeting 

Transcript, No. 21 at pp. 169–170; NEMA, No. 22 at p. 19) The Joint Comment expressed an 

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EE-2006-STD-0131 COMMENT 31.2
opposing viewpoint, arguing that the 25-percent reduction specified in EISA 2007 was based on 

a political compromise, not technical research. The Joint Comment also mentions that Ecos 

Consulting, on behalf of PG&E, tested a variety of modified-spectrum general service 

incandescent lamps. Their researchers estimated a total light output reduction of 11 to 18 percent 

due to the modified spectrum. (Joint Comment, No. 23 at p. 16) 

 DOE agrees with the Joint Comment that the reduction in efficacy for general service 

incandescent lamps used in EISA 2007 may not be appropriate for IRL. Instead, DOE based its 

reduction for the modified-spectrum product classes on independent testing and research of 

commercially-available modified-spectrum and standard-spectrum IRL. 

 Several stakeholders commented that the range of lumen reduction (2 percent to 29 

percent) found among commercially-available modified-spectrum IRL may be attributable to 

lamps that do not meet the statutory definition of “modified spectrum,” which would make the 

stated average too high. (NEMA, No. 22 at p. 19; Public Meeting Transcript, No. 21 at pp. 164–

167) These stakeholders suggested that DOE should only use lamps that meet the definition of 

“modified spectrum” when determining an appropriate scaling factor. (Public Meeting 

Transcript, No. 21 at p. 167-168) GE suggested that lamps sold by major manufacturers will 

meet the statutory definition of “modified spectrum” because NEMA manufacturers offered 

input into the legislative process that created this definition. (Public Meeting Transcript, No. 21 

at p. 171) 

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EE-2006-STD-0131 COMMENT 31.2
In addition, the Joint Comment noted that when determining the modified-spectrum 

scaling factor, DOE should base its analysis on HIR IRL sources rather than conventional 

incandescent or conventional halogen IRL. The Joint Comment further stated that the spectral 

distribution of the HIR sources have reduced output in the red region of the spectrum compared 

to conventional incandescent lamp. The comment argued because this red region is the portion 

of the spectrum modified-spectrum lamps are often trying to suppress, a lower and more accurate 

scaling factor could be calculated by considering only HIR lamps. (Joint Comment, No. 23 at p. 

16) 

DOE agrees with stakeholders regarding the need to determine appropriate scaling factors 

and tested several modified-spectrum lamps from major manufacturers to determine whether 

they qualify as modified spectrum under the statutory definition. DOE only used the IRL that 

qualify as modified spectrum under the statutory definition to determine an appropriate scaling 

factor. In addition, DOE acknowledges that the spectral power distributions of incandescent 

(non-halogen), halogen, and HIR IRL are different over the electromagnetic spectrum. However, 

DOE does not believe that the reduced light output in the red region of the spectrum of HIR 

sources significantly affects the resulting scaling factor. This high wavelength red region of the 

spectrum is not weighted heavily when calculating the lumens emitted by the lamp. Therefore, 

any spectral differences in the infrared regions between the halogen IRL compared to the 

halogen infrared IRL would produce only minor differences in the reduction in efficacy for 

modified-spectrum lamps. Therefore, DOE tested both HIR and conventional halogen lamps in 

determining an appropriate scaling factor for modified spectrum. 

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EE-2006-STD-0131 COMMENT 31.2
 However, as non-halogen (or conventional incandescent) IRL have significantly different 

radiation spectra over wavelengths contributing to the calculation of lumens (in general their 

light outputs are shifted toward lower wavelengths), it is likely that the resulting scaling factor 

based on these lamps would be significantly different than for halogen sources. Because nonhalogen IRL (representing the IRL lamp types exempted from standards) are not regulated in this 

rulemaking, DOE believes that it would be inappropriate to include such lamps in its scaling 

factor analysis. Therefore, DOE considered only halogen and HIR IRL for the computation of 

the modified-spectrum IRL scaling factor. 

To determine the scaling factor, DOE tested seven pairs (each pair consisting of one 

standard-spectrum lamp and one lamp marketed as modified-spectrum or a similar designation) 

of halogen IRL and one pair of HIR IRL made by major manufacturers. Though many of the 

lamps did not qualify as modified-spectrum under the statutory definition, for those that did 

qualify, DOE determined that the difference in light output and efficacy due to the modifiedspectrum coating was 19 percent for both the halogen and IR halogen lamps. Therefore, DOE 

proposes to use a 19 percent reduction as the scaling factor for modified-spectrum IRL. For 

further details on scaling to modified-spectrum lamps, see chapter 5 and appendix 5C of the 

TSD. 

ii. Lamp Diameter

As discussed in section V.A.2.c, in this NOPR, DOE has established separate product 

classes for IRL with a diameter of 2.5 inches or less based on their decreased efficacy associated 

with the unique utility that they provide (e.g., ability of reduced diameter lamps to be installed in 

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EE-2006-STD-0131 COMMENT 31.2
smaller fixtures). NEMA commented that a percentage reduction should be applied to the 

PAR30/PAR38 CSL so as not to eliminate PAR20 lamps (with diameters of 2.5 inches) at the 

highest CSLs set forth in the ANOPR. (Public Meeting Transcript, No. 21 at pp. 158-159) 

NEMA explained that the PAR20 lamp optical system is inherently less efficient than the PAR30 

and PAR38 optical systems. In addition, it is difficult to implement the most efficient doubleended HIR burner in the PAR20 lamps. Therefore, NEMA suggests a reduction in the lumen per 

watt standards by 12 percent. (NEMA, No. 22 at pp. 17-18) In the Joint Comment, stakeholders 

stated that they were not opposed to a reduction in the efficacy standard as long as data supports 

manufacturer claims. (Joint Comment, No. 23 at p. 15-16) 

DOE understands that PAR20 lamps are inherently less efficient than PAR30 and PAR38 

lamps. To determine an appropriate scaling factor, DOE examined the inherent efficacy 

differences between the PAR20 lamp and its PAR30 or PAR38 counterpart by comparing 

catalog efficacy data of each lamp type from several lamp manufacturers. In general, DOE’s 

analysis is consistent with NEMA’s suggestion. Therefore, DOE proposes applying a 12-percent 

reduction from the efficacy requirement of the PAR30/PAR38 product class to determine the 

efficacy requirement for the PAR20 product class. For further details regarding the scaling to 

smaller lamp diameters, see chapter 5 of the TSD. 

iii. Voltage

DOE also conducted an analysis to determine how to scale from the less than 125 volt 

product class to the greater or equal to 125 volt product class. NEMA commented that lamps 

rated at 130V are almost always used by customers to achieve “double life” by operating them at 

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EE-2006-STD-0131 COMMENT 31.2
120V, which results in performance below EPACT 1992 efficacy levels. (NEMA, No. 22 at p. 

16) In consideration of the different test procedures for IRL rated at 130V than those rated at 

120V, and by using equations from the IESNA Lighting Handbook,

27 DOE derived an efficacy 

scaling factor which would result in equivalent performance of both classes of IRL when 

operating under the same voltage conditions (as NEMA suggests they most often are). DOE 

determined that a higher standard for lamps equal to or greater than 125V would result in similar 

technological requirements and operational efficacies for lamps rated at all voltages. Using 

published manufacturer literature and the IESNA Lighting Handbook, DOE determined that 

there should be a 15-percent increase in the efficacy standard for lamps rated at 125V or greater. 

See chapter 5 of the TSD for details of the results and methodology used in the scaling analysis 

and other aspects of the engineering analysis. 

D. Life-Cycle Cost and Payback Period Analyses

This section describes the LCC and payback period analyses and the spreadsheet model 

DOE used for analyzing the economic impacts of possible standards on individual consumers. 

Details of the spreadsheet model, and of all the inputs to the LCC and PBP analyses, are 

contained in chapter 8 and appendix 8A of the TSD. DOE conducted the LCC and PBP analyses 

using a spreadsheet model developed in Microsoft Excel. When combined with Crystal Ball (a 

commercially-available software program), the LCC and PBP model generates a Monte Carlo 

simulation28 to perform the analysis by incorporating uncertainty and variability considerations. 

 

27 Rea, M. S., ed., The IESNA Lighting Handbook: Reference and Application, 9th Edition. New York: Illuminating 

Engineering Society of North America. IESNA (2000). 

28 Monte Carlo simulations model uncertainty by utilizing probability distributions instead of single values for 

certain inputs and variables. 

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EE-2006-STD-0131 COMMENT 31.2
The LCC analysis estimates the impact of a standard on consumers by calculating the net 

cost of a lamp (or lamp-and-ballast system) under a base-case scenario (in which no new energy 

conservation standard is in effect) and under a standards-case scenario (in which the proposed 

energy conservation regulation is applied). As detailed in the March 2008 ANOPR, the lifecycle cost of a particular lamp design is composed of the total installed cost (which includes 

manufacturer selling price, sales taxes, distribution chain mark-ups, and any installation cost), 

operating expenses (energy, repair, and maintenance costs), product lifetime, and discount rate. 

73 FR 13620, 13659 (March 13, 2008). As noted in the March 2008 ANOPR, DOE also 

incorporated a residual value calculation to account for any remaining lifetime of lamps (or 

ballasts) at the end of the analysis period. 73 FR 13620, 13659 (March 13, 2008). The residual 

value is an estimate of the product’s value to the consumer at the end of the life-cycle cost 

analysis period. In addition, this residual value must recognize that a lamp system continues to 

function beyond the end of the analysis period. DOE calculates the residual value by linearly 

prorating the product’s initial cost consistent with the methodology described in the Life-Cycle 

Costing Manual for the Federal Energy Management Program.

29

The payback period is the change in purchase expense due to an increased energy 

conservation standard, divided by the change in annual operating cost that results from the 

standard. Stated more simply, the payback period is the time period it takes to recoup the 

 

29 Fuller, Sieglinde K. and Stephen R. Peterson, National Institute of Standards and Technology Handbook 135 

(1996 Edition); Life-Cycle Costing Manual for the Federal Energy Management Program (Prepared for U. S. 

Department of Energy, Federal Energy Management Program, Office of the Assistant Secretary for Conservation 

and Renewable Energy)(Feb. 1996). Available at: http://fire.nist.gov/fire/firedocs/build96/PDF/b96121.pdf. 

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EE-2006-STD-0131 COMMENT 31.2
increased purchase cost (including installation) of a more-efficient product through energy 

savings. DOE expresses this period in years. 

The Joint Comment stated that given the inherent uncertainty in the LCC methodology, 

DOE should recognize that LCC results within a certain range can be considered essentially 

equivalent. The Joint Comment emphasized that recognizing this uncertainty is especially 

important if other aspects of the analysis (e.g., energy savings) show large differences for standard 

levels with LCC results that, given uncertainty in the analysis, are essentially the same (Joint 

Comment, No. 23 at p. 22) DOE agrees that there are inherent sources of uncertainty in the 

results of the LCC analysis due to the need to forecast certain inputs (e.g., future electricity 

prices ). In addition, DOE recognizes that inputs such as sales tax, operating hours, and discount 

rates may introduce variability in LCC results. However, as explained below, DOE’s analyses 

are structured so as to address such uncertainties. As stated earlier, to properly characterize the 

LCC results, DOE performed probability analyses via Monte Carlo simulations by utilizing 

Microsoft Excel in combination with Crystal Ball. The Monte Carlo approach allowed DOE to 

determine average LCC savings and payback periods, as well as the proportion of lamp 

installations achieving LCC savings or attaining certain payback values. To fully consider the 

range of LCC results that may occur due to a standard, DOE also performed several sensitivity 

analyses on inputs such as operating hours, electricity price forecasts, and product prices. Based 

on these analyses, DOE believes that it can characterize the LCC and PBP for these products 

with a reasonable degree of certainty. See the TSD appendix 8B for further details, where 

probable ranges of LCC results are presented. 

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EE-2006-STD-0131 COMMENT 31.2
Table V.2 summarizes the approach and data that DOE used to derive the inputs to the 

LCC and PBP calculations for the March 2008 ANOPR and the changes made for today’s 

proposed rule. The following sections discuss these inputs and comments DOE received 

regarding its presentation of the LCC and PBP analyses in the March 2008 ANOPR, as well as 

DOE’s responses thereto. 

Table V.2 Summary of Inputs and Key Assumptions Used in the ANOPR and NOPR LCC 

Analyses 

Inputs March 2008 ANOPR Changes for the Proposed Rule 

Consumer 

Product 

Price

Applied discounts to manufacturer 

catalog (“blue-book”) pricing in 

order to represent low, medium, and 

high prices for all lamp categories. 

Discounts were also applied to 

develop a price for ballasts.

Used same methodology from March 

2008 ANOPR to derive additional prices 

for new lamps and ballasts incorporated 

into the engineering analysis. 

Sales Tax Derived weighted-average tax 

values for each Census division and 

large State from data provided by 

the Sales Tax Clearinghouse.30

Updated the sales tax using the latest 

information from the Sales Tax 

Clearinghouse.31

Installation 

Cost

Derived costs using the RS Means 

Electrical Cost Data, 200732 to 

obtain average labor times for 

installation, as well as labor rates 

for electricians and helpers based on 

wage rates, benefits, and training 

costs.

IRL and GSFL: Updated lamp 

replacement and lamp and ballast 

replacement labor rates from 2006$ to 

2007$. 

GSFL: Added 2.5 minutes of installation 

time to the new construction, major 

retrofit, and renovation events in the 

commercial and industrial sectors to 

capture the time needed to install 

luminaire disconnects. 

Disposal 

Cost 

Not included. GSFL: Included a recycling cost of 10 

cents per linear foot in the commercial 

and industrial sectors. 

IRL: No change. 

Annual 

Operating 

Determined operating hours by 

associating building-type-specific 

GSFL: Added residential GSFL to LCC 

analysis and used methodology 

 

30 The four large States are New York, California, Texas, and Florida. 

31 Sales Tax Clearinghouse, Aggregate State Tax Rates (2008)(Last accessed May 30, 2008). Available at: 

http://thestc.com/STrates.stm The May 30, 2008 material from this website is available in Docket # EE–2006–

STD–0131. For more information, contact Brenda Edwards at (202) 586-2945. 32 R. S. Means Company, Inc., 2007 RS Means Electrical Cost Data (2007). 

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EE-2006-STD-0131 COMMENT 31.2
Hours operating hours data with regional 

distributions of various building 

types using the 2002 U.S. Lighting 

Market Characterization33 and the 

Energy Information 

Administration’s (EIA) 2003 

Commercial Building Energy 

Consumption Survey (CBECS),34

2001 Residential Energy 

Consumption Survey,35 and 2002 

Manufacturing Energy 

Consumption Survey.36

developed in the March 2008 ANOPR to 

derive residential operating hours for 

GSFL based on data in the 2002 U.S. 

Lighting Market Characterization and the 

EIA’s 2001 Residential Energy 

Consumption Survey. 

IRL: Removed industrial sector analysis 

due to the low prevalence of IRL in that 

sector. 

Product 

Energy 

Consumption 

Rate

Determined lamp input power (or 

lamp-and-ballast system input 

power for GSFL) based on 

published manufacturer literature. 

Used a linear fit of GSFL system 

power on several different ballasts 

with varying ballast factors in order 

to derive GSFL system power for 

all of the ballasts used in the 

analysis.

Updated 4-foot T8 lamp-and-ballast 

system input power based on additional 

published manufacturer literature. 

Developed new system input powers for 

8-foot T12 HO systems, 4-foot T12 

residential systems, and 4-foot T5 

systems. 

Electricity 

Prices

Price: Based on EIA’s 2005 Form 

EIA-861 data. 

Variability: Regional energy prices 

determined for 13 regions

Price: Updated using EIA’s 2006 Form 

EIA 861 data.37

Variability: No change. 

Electricity 

Price Trends 

Forecasted with EIA’s Annual 

Energy Outlook (AEO) 2007.

38 

Updated with EIA’s AEO200839. 

 

33 U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program 

for Consumer Products: Final Report: U.S. Lighting Market Characterization, Volume I: National Lighting 

Inventory and Energy Consumption Estimate (2002). Available at: 

< www.eere.energy.gov/buildings/info/documents/pdfs/lmc_vol1_final.pdf>. 34 U.S. Department of Energy, Energy Information Administration, Commercial Building Energy Consumption 

Survey: Micro-level data, file 2 Building Activities, Special Measures of Size, and Multi-building Facilities (2003). 

Available at: http://www.eia.doe.gov/emeu/cbecs/public_use.html. 35 U.S. Department of Energy, Energy Information Administration, Residential Energy Consumption Survey: File 

1: Housing Unit Characteristic (2006). Available at: 

http://www.eia.doe.gov/emeu/recs/recs2001/publicuse2001.html. 36 U.S. Department of Energy, Energy Information Administration, Manufacturing Energy Consumption Survey, 

Table 1.4: Number of Establishments by First Use of Energy for All Purposes (Fuel and Nonfuel) (2002). 

Available at: http://www.eia.doe.gov/emeu/mecs/mecs2002/data02/shelltables.html. 37 U.S. Department of Energy, Energy Information Administration, Form EIA-861 for 2006 (2006). Available at: 

http://www.eia.doe.gov/cneaf/electricity/page/eia861.html. 

38. U.S. Department of Energy, Energy Information Administration, Annual Energy Outlook 2007 with Projections 

to 2030 (Feb. 2007). Available at: http://www.eia.doe.gov/oiaf/aeo/index.html. 39 U.S. Department of Energy, Energy Information Administration, Annual Energy Outlook 2008 with Projections to 

2030 (June 2008). Available at: http://www.eia.doe.gov/oiaf/aeo/excel/aeotab_3.xls. 

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EE-2006-STD-0131 COMMENT 31.2
Lifetime Ballast lifetime based on average 

ballast life of 49,054 from 2000 

Ballast Rule.40 Lamp lifetime based 

on published manufacturer literature 

where available. DOE assumed a 

lamp operating time of 3 hours per 

start. Where manufacturer literature 

was not available, DOE derived 

lamp lifetimes as part of the 

engineering analysis. 

Ballasts: No change in commercial and 

industrial sector. Developed separate 

ballast lifetime estimate for the 

residential sector. 

Residential GSFL: 4-foot medium bipin 

lamp lifetime is dependent on the fixture 

lifetime (i.e., the fixture reaches end of 

life before the lamp reaches end of life.). 

Commercial and industrial GSFL: No 

change. 

IRL: No change. 

Discount 

Rate 

Residential: Approach based on the 

finance cost of raising funds to 

purchase lamps either through the 

financial cost of any debt incurred 

to purchase product or the 

opportunity cost of any equity used 

to purchase equipment, based on the 

Federal Reserve’s Survey of 

Consumer Finances data41 for 1989, 

1992, 1995, 1998, 2001, and 2004. 

Commercial and industrial: Derived 

discount rates using the cost of 

capital of publicly-traded firms in 

the sectors that purchase lamps, 

based on data in the 2003 CBECS,42

Damodaran Online, 43 Ibbotson’s 

Associates,44 the 2007 Value Line 

Investment survey,45 Office of 

Management and Budget (OMB) 

Circular No. A-94,46 2008 State and 

DOE updated the commercial and 

industrial discount rates using the latest 

versions of the sources used in the March 

2008 ANOPR. 

 

40 U.S. Department of Energy, Energy Efficiency and Renewable Energy, Office of Building Research and 

Standards, Technical Support Document: Energy Efficiency Standards for Consumer Products: Fluorescent Lamps 

Ballast Final Rule (Sept. 2000). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/gs_fluorescent_0100_r.html 41 The Federal Reserve Board, Survey of Consumer Finances. Available at: 

http://www.federalreserve.gov/PUBS/oss/oss2/scfindex.html. 42 U.S. Department of Energy, Energy Information Administration, Commercial Building Energy Consumption 

Survey (2003). Available at: http://www.eia.doe.gov/emeu/cbecs/. 43 Damodaran Online, The Data Page: Historical Returns on Stocks, Bonds, and Bills – United States (2006). 

Available at: http://pages.stern.nyu.edu/~adamodar. (Last accessed Sept. 12, 2007.) The September 12, 2007 

material from this website is available in Docket # EE–2006–STD–0131. For more information, contact Brenda 

Edwards at (202) 586-2945. 

44 Ibbotson’s Associates, Stocks, Bonds, Bills, and Inflation, Valuation Edition, 2001 Yearbook (2001). 45 Value Line, Value Line Investment Survey (2007). Available at: http://www.valueline.com. 46 U.S. Office of Management and Budget, Circular No. A-94 Appendix C (2008). Available at: 

http://www.whitehouse.gov/omb/circulars/a094/a94_appx- c.html. 

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EE-2006-STD-0131 COMMENT 31.2
local bond interest rates,47 and the 

U.S. Bureau of Economic 

Analysis.48 

Analysis 

Period 

Based on the longest baseline lamp 

life in a product class divided by the 

annual operating hours of that lamp. 

Commercial and industrial GSFL: No 

Change. 

Residential GSFL: Analysis period is 

based on the useful lifetime of the 

baseline lamp. 

IRL: No Change. 

Lamp 

Purchasing 

Events 

DOE assessed five events: lamp 

failure, standards-induced retrofit, 

ballast failure (GSFL only), ballast 

retrofit (GSFL only), and new 

construction/renovation. 

GSFL: DOE assumed that HO lamps 

used magnetic ballasts in the base case. 

DOE added lamp failure, ballast 

failure/fixture failure, and new 

construction events for 4-foot medium 

bipin systems in the residential sector, 

where DOE also assumed the usage of 

magnetic ballasts in the base case. 

IRL: No change. 

1. Consumer Product Price

As in the March 2008 ANOPR, DOE used a variety of sources to develop consumer 

equipment prices, including lamp and ballast prices in manufacturers’ suggested retail price lists 

(“blue books”), State procurement contracts, large electrical supply distributors, hardware and 

home improvement stores, Internet retailers, and other similar sources. DOE then developed 

low, medium, and high prices based on its findings. 

For the NOPR, DOE added several new lamps and ballasts to its analyses. Accordingly, 

DOE developed prices for 4-foot medium bipin GSFL systems in the residential sector, the 8-

foot HO magnetic ballast, and commercially-available 4-foot T5 miniature bipin standard output 

 

47 Federal Reserve Board, Statistics: Releases and Historical Data - Selected Interest Rates – State and Local Bonds 

(2008). Available at: http://www.federalreserve.gov/releases/h15/data/Monthly/H15_SL_Y20.txt. 48 U.S. Department of Commerce, Bureau of Economic Analysis, Table 1.1.9 Implicit Price Deflators for Gross 

Domestic Product (2008). Available at: http://www.bea.gov/national/nipaweb/SelectTable.asp?Selected=N. 

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EE-2006-STD-0131 COMMENT 31.2
and high-output lamps and ballasts using the same methodology applied in the March 2008 

ANOPR. However, not all lamps assessed for this rulemaking are commercially available. In 

particular, DOE developed model halophosphor T5 standard-output and high-output lamps as 

baselines for these product classes. To establish prices for these baseline lamps, DOE calculated 

the price differential between a halophosphor 4-foot MBP lamp and the highest-efficacy 32W 4-

foot MBP lamp. DOE then used this relationship to scale prices from the commerciallyavailable T5 standard-output and high-output lamps to establish the halophosphor lamp prices. 

DOE also developed a model IRL for EL1 based on the incorporation of xenon gas into 

the lamps. To determine the price of these lamps, DOE interviewed manufacturers and 

conducted its own research on the cost of xenon49 to develop a manufacturer cost increase over 

the baseline lamp in a product class, and then applied a markup to represent consumer prices. 

See the engineering analysis in section V.C.4.b for further information on the model IRL lamp. 

 DOE also developed a price for the 6,000-hour HIR IRL for the NOPR. After reviewing 

data in manufacturer catalogs and interviewing manufacturers, DOE determined that the 

manufacturing costs for the 6,000-hour HIR lamp are the same as the manufacturing costs for the 

3,000-hour HIR lamps that meet EL3. Therefore, for the NOPR, the commoditized retail prices 

for the long-life HIR lamps are the same as for the IRL that meet EL3. 

Lastly, because DOE did not have manufacturer suggested retail price list data for the 

EL5 (HIR Plus) IRL, DOE used prices offered by Internet retailers to establish prices for these 

 

49 DOE used the information in the following article to obtain the price of xenon: Betzendahl, Richard, “The Rare 

Gets More Rare: The Rare Gases Market Update,” CryoGas International (June 2008) 26. 

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EE-2006-STD-0131 COMMENT 31.2
lamps. Specifically, DOE calculated individual retailers’ discounts on blue book prices for EL4 

(Improved HIR) lamps. DOE applied these same discounts to establish average blue book prices 

for EL5 lamps across all Internet retailers found to sell both EL4 and EL5 lamps. Using these 

approximate blue-book prices, DOE then followed the same methodology applied in the March 

2008 ANOPR to establish low, medium and high lamp prices. 

2. Sales Tax

As in the March 2008 ANOPR, DOE obtained State and local sales tax data from the 

Sales Tax Clearinghouse. (March 2008 ANOPR TSD chapter 7) The data represented weighted 

averages that include county and city rates. DOE used the data to compute population-weighted 

average tax values for each Census division and four large States (New York, California, Texas, 

and Florida). For the NOPR, DOE retained this methodology and used updated sales tax data 

from the Sales Tax Clearinghouse50 and updated population estimates from the U.S. Census 

Bureau.51

3. Installation Costs

 As detailed in the ANOPR, DOE considered the total installed cost of a lamp or lampand-ballast system to be the consumer product price (including sales taxes) plus the installation 

cost. 73 FR 13620, 13660 (March 13, 2008). For the commercial and industrial sectors, DOE 

 

50 Sales Tax Clearinghouse, “Aggregate State Tax Rates” (2007)(Last accessed May 30, 2008). Available at: 

http://thestc.com/STrates.stm. The May 30, 2008, material from this website is available in Docket #EE–2006–

STD–0131. For more information, contact Brenda Edwards at (202) 586 2945. 51 U.S. Census Bureau, “Population Change: April 1, 2000 to July 1, 2007” (July 2007). Available at: 

www.census.gov/popest/states/files/NST-EST2007-popchg2000-2007.csv. 

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EE-2006-STD-0131 COMMENT 31.2
assumed an installation cost that was the product of the average labor rate and the time needed to 

install a lamp or lamp and ballast. In the residential sector, DOE assumed that consumers must 

pay for the installation of a lamp and ballast system. Therefore, the installation cost assumed 

was the product of the average labor rate and the time needed to install the lamp and ballast 

system. However, DOE assumed that consumers would install their own replacement lamps and, 

thus, would incur no installation cost when replacing their own lamp. 

 DOE received multiple comments on the average labor rates DOE used in the March 

2008 ANOPR: $65.35 per hour for an electrician and $42.40 per hour for an electrician’s helper. 

(March 2008 ANOPR TSD chapter 8). DOE assumed that the lamp-and-ballast hourly labor rate 

is 50 percent of an electrician’s rate and 50 percent of the helper’s rate, for a total labor rate of 

$53.88 based on “RS Means Electrical Cost Data, 2007” (RS Means).52 NEMA commented that 

$53.88 per hour is approximately 10 percent lower than the current labor rate including benefits, 

while the Joint Comment stated that $54 per hour for ballast change-outs is reasonable only for 

residential and small commercial customers, and is too high for large commercial customers, 

who will have a full-time electrician or non-electrician maintenance person on staff for 

installations. (NEMA, No. 22 at p. 22; Joint Comment, No. 23 at p. 10) ACEEE also 

commented that large companies may have electricians on staff and encouraged DOE to research 

labor rates for these workers. (Public Meeting Transcript, No. 21 at pp. 216–217) 

DOE understands that there may be a range of labor rates in the market for installations 

and also clarifies that the March 2008 ANOPR labor rate of $53.88 per hour is for the installation 

 

52 R. S. Means Company, Inc., 2007 RS Means Electrical Cost Data (2007). 

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EE-2006-STD-0131 COMMENT 31.2
of lamps and ballasts, not only ballasts, as stated in the Joint Comment. ACEEE and the Joint 

Comment requested that DOE lower the labor rate, while NEMA commented that DOE should 

raise the labor rate; none of the comments provided DOE with supporting references. DOE uses 

“RS Means Electrical Cost Data, 2007,” because labor costs in RS Means are based on labor 

union agreements and construction wages, as well as actual working conditions in 30 major U.S. 

cities. Productivity data in RS Means represents an extended period of observations. For this 

reason, DOE chose to retain for the NOPR the RS Means methodology used for the March 2008 

ANOPR. Based on inflation estimates derived from consumer price index data from the U.S. 

Bureau of Labor Statistics, DOE estimated that this rate in 2007 dollars is $55.41 per hour. DOE 

also updated the lamp replacement labor rate to be $15.94 per hour in 2007 dollars. 

 In the March 2008 ANOPR, DOE used several installation times for lamps and ballasts in 

the commercial and industrial sector analyses, such as the lower bound installation time of 30 

minutes for 2-lamp 4-foot medium bipin fixtures, and the upper bound installation time of 60 

minutes for 2-lamp 8-foot recessed double contact high-output fixtures. (March 2008 ANOPR 

TSD chapter 8) These times were obtained from the 2000 Ballast Rule TSD.53 

DOE received several comments addressing these installation times. GE commented that 

the 2005 National Electric Code requirements for disconnecting luminaires before they are 

serviced for lamp or ballast replacements and installing luminaire disconnects for new 

construction or major retrofits will necessitate additional labor time. (Public Meeting Transcript, 

 

53 U.S. Department of Energy, “Appendix A: Engineering Analysis Support Documentation, 2000 Ballast Rule” 

(2000)(Last accessed June 20, 2008). Available at: 

www.eere.energy.gov/buildings/appliance_standards/residential/pdfs/appendix_a.pdf. 

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EE-2006-STD-0131 COMMENT 31.2
No. 21 at pp. 218–219; NEMA, No. 22 at p. 22) NEMA recommended that DOE use an 

installation time of approximately 2 to 3 minutes for luminaire disconnects. Industrial Ecology 

commented on average installation times during the recent relamping of a school in Atlantic 

City, NJ, in which an electrician changed ballasts and lamps for 4-lamp and 2-lamp fixtures at 

the rate of approximately 3 fixtures per hour. (Public Meeting Transcript, No. 21 at p. 220) 

 DOE agrees that extra time will be needed when a luminaire disconnect must be installed. 

Because DOE has not received detailed data on other installation times apart from the ones used 

in the 2000 Ballast Rule, DOE revised the ANOPR installation times specifically to address the 

time added by the installation of luminaire disconnects. For the NOPR analysis, DOE added 2.5 

minutes to the ANOPR installation times for new construction, major retrofits, and renovation, 

events in which DOE assumed that a luminaire disconnect must be installed. Additional details 

on installation costs are available in chapter 8 of the NOPR TSD. 

4. Disposal Costs

 DOE did not consider disposal costs in the March 2008 ANOPR. Industrial Ecology 

commented that recycling costs should be considered in the LCC analysis for GSFL and that 

such costs range from 5 cents to 10 cents per foot. (Public Meeting Transcript, No. 21 at p. 212) 

In response, DOE researched recycling costs for GSFL and found an average cost of 10 cents per 

linear foot.54 DOE also explored the prevalence of recycling in the commercial, industrial, and 

residential sectors. A report released by the Association of Lighting and Mercury Recyclers in 

 

54 Environmental Health and Safety Online’s fluorescent lights and lighting disposal and recycling web page – 

Recycling Costs. Available at: http://www.ehso.com/fluoresc.php (Last accessed Dec. 8, 2008). 

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EE-2006-STD-0131 COMMENT 31.2
2004 noted that approximately 30 percent of lamps used by businesses and 2 percent of lamps in 

the residential sector are recycled nationwide.55 DOE considers the 30 percent commercial and 

industrial recycling rate to be significant and, thus, incorporates recycling costs into its main 

analysis. DOE applied a cost of 10 cents per linear foot in the commercial and industrial sectors 

every time a lamp is replaced during the LCC analysis period. Due to discounting, the inclusion 

of recycling costs affects the LCC savings of lamps with different lifetimes than the baseline 

lamps that they are compared to. The recycling cost also affects the residual value of lamps that 

operate beyond the end of the analysis period. In the Monte Carlo analysis, DOE assumes that 

commercial and industrial consumers pay recycling costs in approximately 30 percent of lamp 

failures. DOE does not expect the 2 percent residential recycling rate to affect the residential 

sector LCC substantially, however, and thus did not apply the recycling costs to this sector. 

 

5. Annual Operating Hours

DOE developed annual operating hours for IRL and GSFL in the March 2008 ANOPR by 

combining building type-specific operating hours data in the 2002 U.S. Lighting Market 

Characterization (LMC)56 with data in the 2003 Commercial Building Energy Consumption 

Survey (CBECS),57 the 2001 Residential Energy Consumption Survey (RECS),58 and the 2002 

 

55 Association of Lighting and Mercury Recyclers, “National Mercury-Lamp Recycling Rate and Availability of 

Lamp Recycling Services in the U.S.” (Nov. 2004). 

56 U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “U.S. Lighting Market 

Characterization. Volume I: National Lighting Inventory and Energy Consumption Estimate (2002).” Available at: 

http://www.netl.doe.gov/ssl/PDFs/lmc_vol1_final.pdf. 

57 U.S. Department of Energy, Energy Information Agency, “Commercial Building Energy Consumption Survey: 

Micro-Level Data, File 2 Building Activities, Special Measures of Size, and Multi-building Facilities (2003).” 

Available at: www.eia.doe.gov/emeu/cbecs/public_use.html. 58 U.S. Department of Energy, Energy Information Agency, “Residential Energy Consumption Survey: File 1: 

Housing Unit Characteristic (2006).” Available at: www.eia.doe.gov/emeu/recs/recs2001/publicuse2001.html. 

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EE-2006-STD-0131 COMMENT 31.2
Manufacturing Energy Consumption Survey (MECS),59 which describe the probability that a 

particular building type exists in a particular region. (March 2008 ANOPR TSD chapter 6) 

DOE received comments on three areas related to the operating hours used for the LCC analysis: 

(1) sectors analyzed; (2) regional variations; and (3) building types. These comments are 

discussed below. For further details regarding the annual operating hours used in the analyses, 

see chapter 6 of the TSD. 

a. Sectors Analyzed

In the March 2008 ANOPR, DOE analyzed GSFL in the commercial and industrial 

sectors; DOE did not analyze the usage of GSFL in the residential sector because it believed it 

was a relatively small portion of GSFL sales. The Joint Comment requested that DOE perform 

an LCC analysis of GSFL in the residential sector, because lamps in the residential sector are 

replaced infrequently due to lower operating hours compared to the commercial and industrial 

sectors. (Joint Comment, No. 23 at p. 10) Similarly, NEMA commented that DOE should 

assess GSFL in the residential sector, because certain ELs may eliminate T12 lamp types, 

requiring many residential consumers to install new lamp fixtures. (NEMA, No. 22 at p. 32) 

In response, DOE assessed the installed stock of lamps using the LMC, which stated that 

approximately 25 percent of linear fluorescent lamps exist in the residential sector. DOE 

considers this proportion to be significant and, thus, supports the recommendation to perform a 

residential LCC analysis of GSFL. DOE developed residential operating hours for GSFL by 

 

59 U.S. Department of Energy, Energy Information Agency, “Manufacturing Energy Consumption Survey, Table 

1.4: Number of Establishments by First Use of Energy for All Purposes (Fuel and Nonfuel) (2002).” Available at: 

www.eia.doe.gov/emeu/mecs/mecs2002/data02/shelltables.html. 

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EE-2006-STD-0131 COMMENT 31.2
using data in the 2002 LMC and the 2001 RECS. However, DOE only performed an LCC 

analysis of 4-foot medium bipin lamps in the residential sector, because marketing literature 

indicates that 8-foot single pin slimline lamps and 8-foot recessed double contact HO lamps are 

not prevalent in residential settings. 

In the March 2008 ANOPR, DOE analyzed IRL in the commercial, residential, and 

industrial sectors. (March 2008 ANOPR TSD chapter 6) NEMA commented that IRL should be 

removed from the industrial sector LCC analysis because they are rarely used in industrial 

settings. The Joint Comment emphasized the importance of analyzing IRL in the residential 

sector due to lower operating hours and higher electricity prices for residences compared to 

prices in the commercial sector. (NEMA, No. 22 at p. 20; Joint Comment, No. 23 at p. 17) 

The LMC indicates that less than 1 percent of IRL were found in the industrial sector. 

Based on this data, DOE agrees with both comments and has removed IRL from the industrial 

sector in terms of its analyses. Consistent with the March 2008 ANORP LCC analysis, DOE 

also continued to perform a residential sector LCC analysis of IRL for the NOPR. 

b. Regional Variation

At the public meeting for the March 2008 ANOPR, the Alliance to Save Energy 

commented that the LMC, which DOE used during the LCC analysis, may underestimate energy 

usage in the residential sector because operating hours may vary regionally (e.g., by latitude), 

even for the same building types. (Public Meeting Transcript, No. 21 at pp. 197–198) In 

contrast, the Northwest Power and Conservation Council responded that there was a variation of 

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EE-2006-STD-0131 COMMENT 31.2
a tenth of an hour per day in operating hours between a study completed in Tacoma, Washington, 

and a study of California. Therefore, the Council suggested that differences in latitude and 

weather do not significantly affect operating hours. (Public Meeting Transcript, No. 21 at p. 

199) 

 DOE found no conclusive evidence that would suggest that geographic location has a 

significant impact on operating hours for a given building type. However, DOE found evidence 

of regional differences in the proportions of different building types (e.g., number of mobile 

homes versus number of multi-family dwellings) as the probable source of regional variation in 

operating hours.60 As detailed in the March 2008 ANOPR, DOE captured this regional variation 

by using the RECS, CBECS, and MECS to determine the probability that a particular building 

type exists in a particular region. 73 FR 13620, 13654 (March 13, 2008). For this reason, DOE 

has not revised its analysis for the NOPR to specifically address latitude, weather, or other 

regional factors apart from building type proportions. 

c. Building Type

 NEMA requested a confirmation that DOE has included retail facilities in its 

consideration of operating hours, because retail facilities have more operating hours compared to 

other commercial facilities. (NEMA, No. 22 at p. 20) DOE is aware that different commercial 

building types have different average operating hours and, thus, considered a variety of 

commercial building types, including retail facilities, in its analysis. Operating hours were 

 

60 E. Vine, D. Fielding, “An Evaluation of Residential CFL Hours-of-Use Methodologies and

Estimates: Recommendations for Evaluators and Program Managers,” Energy and Buildings 38 (2006), 1388 – 

1394. 

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EE-2006-STD-0131 COMMENT 31.2
determined using the LMC study. DOE assessed the operating hours for retail facilities for the 

March 2008 ANOPR (ANOPR chapter 6 of the TSD) and retained the assessment of commercial 

retail facility operating hours for the NOPR analysis. 

6. Product Energy Consumption Rate

 As in the March 2008 ANOPR, DOE determined lamp input power (or lamp-and-ballast 

system input power for GSFL) based on published manufacturer literature. (March 2008 

ANOPR TSD chapter 5) For GSFL, DOE assessed a variety of lamp-and-ballast combinations 

by establishing a correlation between ballast factor and system input power. This allowed DOE 

to derive GSFL system power (in watts) for all of the lamp and ballast combinations used in the 

analysis. The rated system power was then multiplied by the annual operating hours of the 

system to determine the annual energy consumption. DOE retained this methodology for this 

notice. 

 For this NOPR, DOE updated system input power ratings for certain lamp-and-ballast 

combinations, and developed new system-input powers for other lamp-and-ballast combinations 

not considered in the March 2008 ANOPR. Specifically, DOE obtained additional system power 

ratings for 4-foot T8 ballasts from recently released manufacturer literature and updated these 

system input power ratings for the NOPR. DOE also developed new system input power ratings 

for magnetic residential 4-foot T12 systems, magnetic 8-foot HO systems, 4-foot T5 miniature 

bipin systems, and 4-foot T5 miniature bipin HO systems. 

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EE-2006-STD-0131 COMMENT 31.2
7. Electricity Prices

 DOE determined energy prices by deriving regional average prices for 13 geographic 

areas consisting of the nine U.S. Census divisions, with four large states (New York, Florida, 

Texas, and California) treated separately. The derivation of prices was based on data in EIA’s 

Form EIA-861. DOE received three comments on the regional electricity prices that it used for 

the ANOPR LCC. PG&E commented that the California residential electricity price of 9.9 cents 

per kWh (ANOPR TSD chapter 8) was lower than what appears to be an average of 14 cents per 

kWh in the State. ACEEE and the Joint Comment recommended that DOE use EIA’s 

publication “Electric Power Monthly” as a source of recent electricity prices instead of Form 

EIA-861. (Public Meeting Transcript, No. 21 at pp. 223–224; Joint Comment, No. 23 at p. 18) 

In response, DOE notes that it uses Form EIA-861 for two reasons. First, it allows for the 

creation of regional average electricity prices weighted by the number of customers each electric 

utility serves. DOE prefers to use customer-weighted average electricity prices so that prices are 

not skewed by utilities serving small numbers of very large electricity consumers. Electricity 

sales are not well correlated with the number of consumers in the commercial sector, and the 

usage of customer-weighted averages more heavily weights the utilities that serve larger numbers 

of consumers. Second, “Electric Power Monthly” does not report customer-weighted prices. 

DOE appreciates the comments related to electricity prices, and for the NOPR analysis, DOE 

updated its electricity prices by using the latest version of Form EIA-861 (2006).61 DOE notes 

that the latest Form’s updated residential electricity price for California is 14.7 cents per kWh 

 

61 Energy Information Administration, Form EIA-861 Final Data File for 2006 (2006)(Last accessed June 20, 2008). 

Available at: www.eia.doe.gov/cneaf/electricity/page/eia861.html. 

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EE-2006-STD-0131 COMMENT 31.2
which is consistent with PG&E’s assessment that the average residential electricity price in 

California is around 14 cents per kWh. 

8. Electricity Price Trends

 To project electricity prices to the end of the LCC analysis period in the March 2008 

ANOPR, DOE used the reference, low-economic-growth, and high-economic-growth projections 

in EIA’s AEO2007.

62 73 FR 13620, 13660 (March 13, 2008). DOE received several comments 

on the resulting electricity price trends that it used in the LCC calculation. PG&E commented 

that DOE’s forecasted electricity prices do not increase in real terms in the next 20 years, which 

the commenter argued is unrealistic. ACEEE and the Joint Comment both stated that DOE 

should use the most recent AEO forecasts along with a collection of other electricity price 

forecasts. (Public Meeting Transcript, No. 21 at pp. 224–225; Joint Comment, No. 23 at p. 18) 

DOE supports the suggestion that it should use the most recent electricity price forecasts. 

DOE uses EIA’s AEO because it is publicly available and has been widely reviewed. The latest 

AEO contains a table of comparisons to three other electricity forecasts; the only forecast that 

included prices (from Global Insight, Inc.) showed electricity prices very similar to the prices in 

the AEO2008 reference case. Also, a conversion of the AEO2008 forecast into real dollars 

reveals that AEO’s forecasted electricity prices do increase in real terms. For these reasons, 

DOE chose to continue using the AEO and the reference case in AEO2008.

63 DOE also presents 

 

62 U.S. Department of Energy, Energy Information Administration, Annual Energy Outlook 2007 with Projections 

to 2030 (Feb. 2007). Available at: www.eia.doe.gov/oiaf/archive/aeo07/index.html. 63 U.S. Department of Energy, Energy Information Administration, Annual Energy Outlook 2008 with Projections to 

2030 (June 2008). Available at: www.eia.doe.gov/oiaf/aeo/excel/aeotab_3.xls. 

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EE-2006-STD-0131 COMMENT 31.2
LCC and PBP results for the low-economic-growth and high-economic-growth scenarios from 

AEO2008 in appendix 8B of the TSD. 

9. Lifetime

a. Ballast Lifetime

 In chapter 8 of the March 2008 ANOPR TSD, DOE stated that it used 49,054 hours as 

the estimated ballast lifetime based on findings in the 2000 Ballast Rule. The Joint Comment 

suggested three reasons why ballast lifetimes are actually longer than the lifetime used in the 

2000 Ballast Rule. The Joint Comment stated that, on average, ballasts operate below their life 

rating temperature. In addition, manufacturer estimates exceed the DOE lifetime even at rated 

conditions. The commenter also argued that market data of historical shipments of ballasts sold 

to new construction versus retrofit and replacement suggest that the average ballast life is longer 

than suggested. The Joint Comment contends that, in addition to considering the above points 

generally, DOE should specifically study these shipments to establish ballast lifetime. (Joint 

Comment, No. 23 at pp. 7–9) 

Based on the Joint Comment’s suggestions, DOE investigated several different ways of 

measuring a ballast’s useful lifetime in commercial and residential buildings. DOE does not 

believe that using the rated temperature of ballasts is an appropriate way to measure a ballast’s 

lifetime. For example, a building renovation or a lighting retrofit may cause buildings or 

homeowners to replace a ballast before it fails. DOE also believes that examining historical sales 

data of ballasts sold to new construction versus replacement and retrofit to estimate ballast 

lifetime would involve too many assumptions to provide a useful measure of lifetime. For 

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EE-2006-STD-0131 COMMENT 31.2
example, DOE would need to estimate an appropriate distribution of ballast lifetimes in the field 

because ballasts are replaced at various points in their useful life due to different operating hours, 

failure rates, and time periods between initial building construction and the first lighting retrofit. 

 In its investigation of ballast lifetime, DOE encountered several studies that establish the 

“measure life” (i.e., the true service life of a ballast in the field) of ballasts in both the 

commercial and residential sectors. One study comparing the results of several “measure life” 

reports found that the average ballast lifetime after a retrofit in the commercial sector is 13 years, 

and the average ballast lifetime after new construction is 15 years.64 Using DOE’s estimate of 

49,054 hours and average operating hours for GSFL in the commercial sector, the lifetime of an 

average ballast is approximately 14.2 years. Because this lifetime is consistent with several 

measure life reports, DOE maintains the same ballast lifetime of 49,054 hours in its NOPR 

analysis. DOE also found in a separate measure life report that the average fixture and ballast in 

the residential sector lasts for 15 years. Therefore, in its residential sector analysis for GSFL, 

DOE established 15 years as the average ballast lifetime in the residential sector,65 and an 

average annual operating lifetime of 789 hours. The ballast’s average hours of operation over its 

service lifetime is therefore 11,835 hours in the residential sector. 

 

64 GDS Associates, Inc., Engineers and Consultants, Measure Life Report: Residential and Commercial/Industrial 

Lighting and HVAC Measures (The New England State Program Working Group)(2007). 65 Economic Research Associates, Inc., and Quantec, LLC., Revised/Updated EULs Based on Retention and 

Persistence Studies Results (Southern California Edison)(2005). 

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EE-2006-STD-0131 COMMENT 31.2
b. Lamp Lifetime

 When possible, DOE used manufacturer literature to measure lamp lifetimes, as in the 

March 2008 ANOPR. 73 FR 13620, 13662 (March 13, 2008). When published manufacturer 

literature was not available (as for some IRL), DOE derived lamp lifetimes as part of the 

engineering analysis (section V.C.4.b). DOE based its calculations of GSFL lifetime for the base 

and standards cases on lamp operating times of 3 hours per start in the March 2008 ANOPR 

LCC analysis. 73 FR 13620, 13662 (March 13, 2008). In comments, NEMA supported the 3 

hours per start operating time for both the base and standards cases, but also argued that while 

lamps are started every 12 hours in commercial and industrial applications, the increasing use of 

occupancy sensors is leading to shorter start cycles. (NEMA, No. 22 at p. 23) DOE did not 

receive any other comments about using a GSFL operating time of 3 hours per start. Therefore, 

DOE retained the assumption of 3 hours per start in the NOPR LCC analysis for both the base 

and standards cases. In addition, DOE researched the impact of occupancy sensors on start cycle 

lengths. However, DOE was unable to obtain significant information with which it could 

quantify this effect. 

 As in the March 2008 ANOPR, DOE also considered in the NOPR analysis the impact of 

group re-lamping practices on GSFL lifetime in the commercial and industrial sectors. 73 FR 

13620, 13662 (March 13, 2008). DOE assumed that a lamp subject to group re-lamping operates 

for 75 percent of its rated lifetime, an estimate obtained from the 2000 Ballast Rule.66 By 

considering lamp rated lifetimes and the prevalence of group versus spot re-lamping practices, 

 

66U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “Energy Conservation Program 

for Consumer Products: Technical Support Document: Energy Efficiency Standards for Consumer Products: 

Fluorescent Lamp Ballast Proposed Rule: Appendix A” (Jan,.2000) A-19. 

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DOE derived an average lifetime for a GSFL. This ranged from 91 percent of rated lifetime for 

8-foot single pin slimline lamps to 94 percent of rated lifetime for 4-foot medium bipin lamps. 

See chapter 8 of the TSD for further details. 

 As stated above, DOE is using 15 years as the estimated fixture and ballast lifetime in the 

residential sector for purposes of its analyses. If one calculates the lifetime of the baseline GSFL 

lamp in the residential sector by dividing the life in hours by the average operating hours of a 

GSFL in the residential sector (789 hours), one finds that the baseline lamp should live for 19 

years. Because the lifetime of the baseline lamp is longer than the average lifetime of a fixture 

and ballast, DOE assumes that the ballast or fixture lifetime limits the lifetime of an average 

lamp in the residential sector. DOE is aware that there are certain rooms in residential buildings 

where GSFL are operated for much longer than 789 hours per year; in particular, GSFL are 

operated for approximately 1,210 hours per year in kitchens of single-family detached 

households. Therefore, DOE has conducted the residential sector analysis under average 

operating hours and high operating hours. Under average operating hours (789 hours per year), 

DOE assumes that lamp lifetime of the baseline-case and standards-case lamps is limited to 

11,835 hours or 15 years, due to a ballast or fixture failure. Thus, in this situation, the lamp 

failure event does not occur; only the ballast failure event occurs. See section V.D.14 for a 

description of lamp purchase events. 

 DOE recognizes that although some consumers do not experience a lamp failure in the 

residential sector, consumers whose operating hours yield a lamp lifetime that is shorter than that 

of the fixture or ballast do need to replace their lamp occasionally. DOE assumes the shortest 

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EE-2006-STD-0131 COMMENT 31.2
lifetime of the baseline lamp, using the highest operating hours for GSFL in the LMC of 1,210 

hours per year (as in kitchens), is approximately 12.5 years. When a baseline lamp is replaced at 

12.5 years, the fixture and ballast have another 2.5 years of life remaining. DOE assumes that 

when fixtures or ballasts are discarded, their associated lamps are also discarded at the same 

time. Therefore, for GSFL in the residential sector, the longest useful life of the baseline 

replacement lamp would be 2.5 years or 1,972 hours. At the end of this lifetime, the ballast and 

fixture are replaced. Therefore, for the lamp replacement event for a GSFL in the residential 

sector in a high operating hours scenario (1,210 hours per year), the lifetime of the baseline lamp 

is assumed to be 1,972 hours or 2.5 years, and DOE assumes that the ballast failure event does 

not occur. DOE requests comment on the typical service life of a GSFL in the residential sector. 

10. Discount Rates

 In the March 2008 ANOPR, DOE derived residential discount rates by identifying all 

possible debt or asset classes that might be used to purchase replacement products, including 

household assets that might be affected indirectly. 73 FR 13620, 13663 (March 13, 2008). DOE 

estimated the average shares of the various debt and equity classes in the average U.S. household 

equity and debt portfolios using data from the SCFs from 1989 to 2004. DOE used the mean 

share of each class across the six sample years as a basis for estimating the effective financing 

rate for replacement equipment. DOE estimated interest or return rates associated with each type 

of equity and debt using SCF data and other sources. The mean real effective rate across the 

classes of household debt and equity, weighted by the shares of each class, is 5.6 percent. 

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EE-2006-STD-0131 COMMENT 31.2
 For the commercial sector and industrial sector, DOE derived the discount rate from the 

cost of capital of publicly-traded firms in the sectors that purchase lamps. To obtain an average 

discount rate value for the commercial sector, DOE used data from CBECS 2003, which 

provides market-share data by type of owner. Weighting each ownership type by its market 

share, DOE estimated the average discount rate for the commercial sector to be 6.2 percent. 

Similarly, the industrial sector discount rate was derived to be 7.5 percent. 73 FR 13620, 13663 

(March 13, 2008). 

The Joint Comment stated that, in the past, NRDC has argued that a 2 to 3 percent real 

discount rate should be used in the LCC. (Joint Comment, No. 23 at p. 22) It also stated that 

ACEEE and others have supported the weighted average cost of capital approach. In general, the 

Joint Comment stated that if DOE continues with using the weighted cost of capital approach, 

the agency should make sure its calculations are updated, as current economic conditions will 

influence agency estimates for discount rates over the analysis period. (Joint Comment, No. 23 at 

p. 22) In consideration of the above comments (and absent any evidence to the contrary), DOE 

agrees with ACEEE and others in the Joint Comment that the weighted average cost of capital 

approach described above is the most accurate way of establishing an appropriate consumer 

discount rate for the LCC analysis. For this NOPR, DOE was not able to use the most up-to-date 

information to update the residential discount rate, because the 2007 SCF survey was not 

available at the time of publication. However, because the rates for various forms of credit 

carried by households in these years were established over a range of time, DOE believes they 

are representative of rates that may be in effect in 2012. DOE is not aware of any other 

nationally representative data source that provides interest rates from a statistically valid sample. 

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EE-2006-STD-0131 COMMENT 31.2
Therefore, DOE continued to use the above approach and results for today’s proposed rule. 

According to the Federal Reserve Board website, the 2007 SCF survey may be available in the 

first quarter of 2009.67 Contingent on this data’s release in a timely manner, DOE will attempt to 

incorporate the 2007 SCF survey in the final rule of this rulemaking. 

 Despite the limitations associated with its residential analysis, DOE was able to update 

certain sources used to compute the commercial and industrial sector discount rates. 

Specifically, DOE applied the 2008 Damodaran Online Data, the 2008 implicit price deflators 

from the U.S. Department of Commerce, the 2007 Value Line Investment Survey data, 

information from the 2008 OMB Circular No. A-94, and 2008 State and local bond interest rates. 

However, DOE continued to use data from CBECS 2003, which provides market-share data by 

type of owner to obtain an average discount rate value for the commercial sector. DOE is not 

aware of any other nationally representative data source that provides market-share data by type 

of owner and, therefore, is continuing to use this source of data in today’s proposed rule. DOE 

computed the new discount rates to be 7.0 percent in the commercial sector and 7.6 percent in 

the industrial sector. For further details on discount rates, see chapter 8 and appendix 8C of the 

TSD. 

11. Analysis Period

 The analysis period is the span of time over which the LCC is calculated. For the March 

2008 ANOPR, DOE used the longest baseline lamp life in a product class divided by the annual 

operating hours of that lamp as the analysis period. 73 FR 13620, 13663 (March 13, 2008). 

 

67 http://www.federalreserve.gov/PUBS/oss/oss2/2007/scf2007home_modify.html 

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EE-2006-STD-0131 COMMENT 31.2
During Monte Carlo simulations for the LCC analysis, DOE selected the analysis period based 

on the longest baseline lamp life divided by the annual operating hours chosen by Crystal Ball. 

For the NOPR analysis, DOE retained this methodology for IRL and GSFL in the commercial 

and industrial sectors. However, for GSFL in the residential sector, the analysis period is based 

on the useful life of the baseline lamp for a specific event. Specifically, for the lamp 

replacement event, the analysis period is 2.5 years, and for the lamp and ballast replacement and 

new construction event, the analysis period is 15 years. DOE requests comment on the analysis 

period used for the residential sector analysis. See section V.D.9.a of this notice for more 

information on the useful life of the baseline lamp in all residential sector purchase events. 

 

12. Effective Date

 For purposes of DOE’s analyses, the effective date is the date when a new standard 

becomes operative. DOE intends to publish the final rule for this rulemaking in June 2009. 73 

FR 13620, 13663 (March 13, 2008). In accordance with sections 325(i)(3) and (i)(5) of EPCA, 

the effective date of any new or amended energy conservation standard for these lamps shall be 3 

years after the final rule is published, which would be June 2012 for this rulemaking. (42 U.S.C. 

6295(i)(3) and (i)(5)) DOE performed its LCC analysis based upon an assumption that each 

consumer would purchase a new product in the year that the standard takes effect. 

13. Payback Period Inputs

 The payback period (PBP) is the amount of time a consumer needs to recover the 

assumed additional costs of a more-efficient product through lower operating costs. As in the 

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EE-2006-STD-0131 COMMENT 31.2
March 2008 ANOPR, DOE used a “simple” PBP for the NOPR, because the PBP does not take 

into account other changes in operating expenses over time or the time value of money. 73 FR 

13620, 13663 (March 13, 2008). As inputs to the PBP analysis, DOE used the total installed cost 

of the product to the consumer for each efficacy level, as well as the first year annual operating 

costs for each efficacy level. The calculation requires the same inputs as the LCC, except for 

energy price trends and discount rates; only energy prices for the year the standard takes effect 

(2012 in this case) are needed. 73 FR 13620, 13663 (March 13, 2008). 

14. Lamp Purchase Events

 In the March 2008 ANOPR, DOE described five types of events that would prompt a 

consumer to purchase a lamp. 73 FR 13620, 13664 (March 13, 2008). These events are 

described below along with changes for the NOPR analysis. Of particular note, DOE conducted 

a number of new analyses for the NOPR which assessed lamp failure, ballast failure, and new 

construction events for residential sector GSFL. In addition, though described primarily in the 

context of GSFL, lamp purchase events can be applied to IRL as well. However, considering 

that IRL are generally not used with a ballast the only lamp purchase events applicable are lamp 

failure (event I) and new construction and renovation (event V). 

Lamp Failure (Event I): This event reflects a scenario in which a lamp has failed (spot 

relamping) or is about to fail (group re-lamping). In the base case, identical lamps are 

installed as replacements. In the standards case, the consumer installs a standardscompliant lamp that is compatible with the existing ballast. When a standards-compliant 

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EE-2006-STD-0131 COMMENT 31.2
lamp for that ballast is not available, the consumer purchases a new lamp and ballast. For 

the NOPR, DOE added a residential sector GSFL lamp failure event. 

Standards-Induced Retrofit (Event II): This event occurs when a consumer realizes that 

its T12 lamp will fail in the near future and installs a standards-compliant lamp and 

ballast. In the base case, the consumer would have installed only a new lamp. This event 

applies only to T12 commercial and industrial users because there are certain lamp 

standard levels that a T12 cannot meet. This event does not apply to T12 residential 

users because these users would not proactively replace their T12 system before the T12 

lamp fails. 

Ballast Failure (Event III): In the March 2008 ANOPR, DOE assumed that failed ballasts 

would be replaced with electronic ballasts because standards set by the 2000 Ballast Rule 

and EPACT 2005 ban the sale of magnetic 4-foot medium bipin and 8-foot single pin 

slimline ballasts beginning in 2010. 73 FR 13620, 13664 (March 13, 2008). NEMA 

commented that the 2000 Ballast Rule allows the continued sale of residential magnetic 

ballasts as well as magnetic cold-temperature ballasts, which operate a large portion of 

the installed base of T12 recessed double contact high-output lamps. (NEMA, No. 22 at 

p. 20) In response, DOE has assumed that failed magnetic HO ballasts would be replaced 

with magnetic ballasts in the base case for the NOPR analysis. DOE also assumed that 

magnetic ballasts would be purchased in the event of a ballast or fixture failure in the 

residential sector base case for the NOPR analysis because residential systems are 

commonly T12 magnetic systems currently. In addition, standards established in the 

2000 Ballast Rule and the Energy Policy Act of 2005 (EPACT 2005, Pub. L. 109-58) will 

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EE-2006-STD-0131 COMMENT 31.2
allow magnetic ballasts to continue to be sold in the residential sector after 2010. See the 

engineering analysis (section V.C) for further details. 

Ballast Retrofit (Event IV): This event applies only to T12 users because, according to 

industry experts, the majority of ballast retrofits occur for consumers with T12 systems. 

Consumers retrofitting their ballasts commonly do so to save energy, and T8 systems are 

generally more efficacious than T12 systems. 

New Construction and Renovation (Event V): This event encompasses all fixture 

installations where the lighting design will be completely new or can be completely 

changed. The scenario applies only to baseline lamps that are usually used in new 

construction and renovation (4-foot T8 lamps, 4-foot T12 lamps in the residential sector, 

8-foot single pin slimline T8 lamps, and 8-foot recessed double contact HO T12 lamps). 

For the NOPR analysis, DOE assumed that 4-foot T8 lamps with electronic ballasts 

would be chosen during the new construction and renovation event for the 4-foot T12 

residential baseline. 

E. National Impact Analysis–National Energy Savings and Net Present Value Analysis 

1. General

DOE’s NIA assesses the national energy savings (NES) and the national net present value 

(NPV) of total customer costs and savings that would be expected to result from new standards at 

specific efficacy levels. 

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EE-2006-STD-0131 COMMENT 31.2
DOE uses the NIA spreadsheets to calculate energy savings and NPV based on the annual 

energy consumption and total installed cost data employed in the LCC analysis. DOE forecasts 

the energy savings, energy cost savings, equipment costs, and NPV for each product class from 

2012 through 2042. The forecasts provide annual and cumulative values for all four output 

parameters. DOE also examines impact sensitivities by analyzing various lamp shipment 

scenarios (such as Roll-up and Shift). 

DOE develops a base-case forecast for each analyzed lamp type which characterizes 

energy use and consumer costs (lamp purchase and operation) in the absence of new or revised 

energy conservation standards. To evaluate the impacts of such standards on these lamps, DOE 

compares the estimated base-case projection with projections characterizing the market if DOE 

did promulgate new or amended standards (i.e., the standards case). In characterizing the base 

and standards cases, DOE considers historical shipments, the mix of efficacies sold in the 

absence of any new standards, and how that mix might change over time. 

Inputs and issues associated with the NIA are discussed immediately below. 

a. Overview of NIA Changes in This Notice

Based on the comments it received on the March 2008 ANOPR, DOE made a number of 

changes to the NIA. Table V.3 summarizes the approach and data DOE used to derive the inputs 

to the NES and NPV analyses for the March 2008 ANOPR, as well as the changes it made for 

this notice. Following the table, DOE details those inputs and the changes, and summarizes and 

responds to each of the NIA-related comments it received. See TSD chapters 10 and 11 for 

further details. 

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EE-2006-STD-0131 COMMENT 31.2
Table V.3 Approach and Data Used to Derive the Inputs to the National Energy Savings 

and Net Present Value Analyses 

Inputs 2008 ANOPR Description Changes for the Proposed Rule 

Shipments Annual shipments from 

shipments model. 

See Table V.4 and Table V.5 

Stock of lamps Established based on the 

projected 2011 lamp stock, the 

service life of lamps and/or 

ballasts, and the annual 

shipments. The 2011 stock is 

based on historical shipments 

and projected shipments from 

2006 to 2011. (See ANOPR 

TSD chapter 10, shipments 

analysis.) 

Established based on 2005 lamp 

stock, rather than 2011. Considered 

market penetration of emerging 

technologies. See Table V.4 and 

Table V.5 for additional detail. 

Effective date of 

standard 

2012. No change. 

Analysis period 2012 to 2042. No change. 

Unit energy 

consumption 

(kWh/yr) 

Established in the energy-use 

characterization, ANOPR TSD 

chapter 6, by lamp or lamp-andballast design and sector. 

No change. 

Total installed cost Established in the product price 

determination, ANOPR TSD 

chapter 7 and the LCC analysis, 

ANOPR chapter 8, by lamp-andballast designs. 

Added costs of retrofit kit and 

labor for replacing a 8-foot SP 

slimline system with two 4-foot 

MBP systems. 

Electricity price 

forecast 

AEO2007 forecasts (to 2030) 

and extrapolation for beyond 

2030. (See ANOPR TSD 

chapter 8.) 

Updated for AEO2008. 

Energy site-tosource conversion Conversion varies yearly and is 

generated by AEO2007

forecasts (to 2030) of electricity 

generation and electricityrelated losses. Conversion 

factors for beyond 2030 are 

extrapolated. 

Conversion varies yearly and is 

now generated by DOE/EIA’s 

NEMS program (a time-series 

conversion factor; includes electric 

generation, transmission, and 

distribution losses). 

Conversion factors for beyond 

2030 are held constant. 

HVAC interaction 

savings 

6.25 percent of total energy 

savings in the commercial 

sector. 

No change. 

Rebound effect 1 percent of total energy savings 

in the commercial and industrial 

No change. 

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EE-2006-STD-0131 COMMENT 31.2
sectors. 

8.5 percent of total energy 

savings in the residential sector. 

Discount rate 3 and 7 percent real. No change. 

Present year Future costs and savings are 

discounted to 2007. 

No change. 

2. Shipments Analysis

Lamp shipments are an important input to the NIA. In the March 2008 ANOPR, DOE 

followed a four-step approach to forecast shipments for GSFL and IRL. 73 FR 13620, 13668 

(March 13, 2008). First, DOE used NEMA’s historical shipment data from 2001 to 2005 to 

estimate total historical (NEMA members and non-NEMA members) shipments of each 

analyzed lamp type in the commercial, industrial, and residential sectors. Second, using these 

historical shipments, DOE linearly extrapolated shipments to 2011. Then, based on average 

service lifetimes, DOE estimated a stock of lamps in 2011 for each lamp type. Next, DOE 

forecasted lamp (and ballast for GSFL) shipments from 2012 to 2042 (the NIA analysis period) 

based on four market events: (1) new construction; (2) ballast failure (GSFL only); (3) lamp 

replacement; and (4) standards-induced retrofit (for the standards case). Lastly, because these 

shipments depend on lamp and lamp-system properties (e.g., lifetime and lumen output), DOE 

developed base-case and standards-case market-share matrices. These matrices determine the 

forecasted technology mixes in the lamp stock and shipments. 

Table V.4 and Table V.5 summarize the approach and data DOE used for GSFL and IRL, 

respectively, to derive the inputs to the shipments analysis for the March 2008 ANOPR, as well 

as the changes DOE made for the NOPR. A discussion of the inputs and the changes follows. 

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Table V.4 Approach and Data Used to Derive the Inputs to GSFL Shipments Analysis 

Inputs 2008 ANOPR Description Changes for the Proposed Rule 

Historical 

shipments 

2001-2005 shipment data 

provided publicly by NEMA. 

Assumed NEMA data 

represented 90 percent of GSFL 

shipments. 

Calibrated 2006-2007 forecasted 

shipments based on confidential 

historical shipment data NEMA 

provided for those years. 

Lamp inventory Calculated lamp inventory in 

2011 by linearly projecting 

NEMA’s 2001-2005 historical 

shipment data. Then used 

growth and shipment 

assumptions to establish lamp 

inventory from 2012 to 2042. 

Did not use linear projections; 

calculated stock in 2005. Then used 

growth, emerging technologies, and 

shipment assumptions to establish 

lamp inventory from 2006 to 2042. 

Growth Shipment growth driven by 

lumen demand. Lumen demand 

projected from historical 

CBECS commercial floor space 

growth. 

Based commercial and residential 

growth on AEO2008 estimates for 

future floor space growth. For the 

residential sector, modeled variations 

in number of lamps per new home. 

For the industrial sector, projected 

floor space growth using MECS. 

T5 lamps Not included. Shipments modeled by assuming T5 

lamps used in new construction and 

in conversions from 4-foot medium 

bipin, 8-foot SP slimline, and 8-foot 

RDC HO. 

T12 ballasts Assumed no T12 magnetic 

ballasts shipped after 2009 for 8-

foot SP slimline and 4-foot MBP 

lamps. Did not consider T12 

electronic ballasts for 8-foot SP 

slimline and 4-foot MBP lamps. 

Assumed no T12 magnetic ballasts 

shipped after 2010 for commercial 4-

foot MBP and 8-foot SP slimline. 

Also assumed 4-foot MBP and 8-

foot SP slimline electronic T12 

ballasts shipped through 2042. For 

8-foot T12 RDC HO and residential 

4-foot T12 MBP, assumed magnetic 

ballasts are shipped through 2042. 

Sectors analyzed Commercial and industrial Included residential sector in 

analysis. 

Base-case 

emerging 

technologies 

None included. Developed two base-case scenarios, 

one of which modeled the market 

penetration of LEDs based on 

projected payback period. 

Market share 

matrices 

Developed product distributions 

based on interviews and catalog 

data. 

Revised product distributions based 

on comments, subsequent interviews, 

and further catalog research. 

Standards case 

scenarios 

Shift and Roll-up scenarios 

analyzed. Assumed all 

Revised the Shift and Roll-up 

scenarios. Developed a standards159

EE-2006-STD-0131 COMMENT 31.2
consumers will attempt to 

maintain lumen output by either 

moving to lower ballast factors 

or reduced-wattage lamps in the 

standards case. 

case scenario (Market SegmentBased Lighting Expertise scenario) 

to characterize consumers who, 

based on lighting expertise, will not 

migrate to lower ballast factors or 

reduced-wattage lamps to maintain 

lumen output. 

 

Table V.5 Approach and Data Used to Derive the Inputs to IRL Shipments Analysis 

Inputs 2008 ANOPR Description Changes for the Proposed Rule 

Historical 

shipments 

2001-2005 shipment data 

provided publicly by NEMA. 

Assumed NEMA data 

represented 85 percent of IRL 

shipments. 

Calibrated 2006-2007 projected 

shipments based on confidential 

historical shipment data NEMA 

provided for those years. 

Lamp inventory Calculated stock in 2011 by 

linearly projecting NEMA’s 

2001-2005 historical shipment 

data. Then used growth 

assumptions to establish lamp 

inventory from 2012 to 2042. 

Did not use linear projections; 

calculated stock in 2005. Then 

used growth and emerging 

technologies assumptions to 

establish lamp inventory from 

2006 to 2042. 

Growth Shipment growth driven by 

socket growth. Socket growth 

projected from historical 

CBECS commercial floor space 

and RECS residential building 

growth. 

Based growth on AEO2008

estimates for future commercial 

floor space and residential 

buildings. 

Also accounted for trend of 

increasing sockets per home. 

Sectors analyzed Commercial and residential No change. 

Base case reflector 

compact 

fluorescent lamps 

(R-CFL) and 

emerging 

technologies 

Assumed 0 percent stock 

penetration in 2012 and 50 

percent stock penetration in 

2042. 

Developed two base-case 

scenarios modeling the market 

penetration of LED, CMH, and 

R-CFL based on projected 

payback period. 

Market share 

matrices 

Considered mix of technologies 

consumers select in the base 

case and standards case, as well 

as each of the scenarios 

analyzed. 

Revised market-share matrices to 

reflect its changes in the 

scenarios analyzed and 

engineering analyses. 

Standards-case 

scenarios 

Modeled the Roll-up scenario. 

Analyzed two standards-case 

sensitivity scenarios: one 

modeling consumer movement 

to exempted BR lamps and 

another modeling a 10 percent 

Modeled both Roll-up and Shift 

scenarios. 

Revised BR lamp sensitivity 

scenario, creating two new 

standards-case scenarios also 

accounting for additional 

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EE-2006-STD-0131 COMMENT 31.2
increase in lumen output. Did 

not consider additional 

migration to R-CFL in the 

standards case. 

migration to R-CFL: “Product 

Substitution” and “No Product 

Substitution.” 

a. Lamp Inventory

In the March 2008 ANOPR, DOE linearly extrapolated NEMA’s historical lamp 

shipments from 2005 to 2011 to establish a 2011 installed stock of GSFL and IRL using each 

lamp’s average service lifetime. In its written comments, NEMA argued that DOE’s linear 

extrapolation approach does not account for market dynamics and is vulnerable to certain 

temporal biases inherent in NEMA’s historical data. For example, if a new product was 

introduced and rapidly gained market share during this historical shipment period, a linear 

extrapolation based on this data could exaggerate the growth rate of this product in future years. 

Likewise, any new products introduced would be excluded from the future results. For example, 

Philips noted at the public meeting that because DOE extrapolated shipment data from 2001 to 

2005 to establish its lamp stocks, it may have discounted migration to T5 lamps, which have only 

started to grow in the last couple of years. Thus, the commenter argued that DOE may have 

overstated the 2011 stock of some types of lamps (e.g., T8 lamps), while understating others 

(e.g., T5 lamps). (NEMA, No. 22 at pp. 23–25, 31; Public Meeting Transcript, No. 21 at p. 246) 

On the other hand, NEMA suggested that a linear extrapolation is sometimes appropriate 

for lamps with small and stable market shares, such as 8-foot T8 recessed double contact HO 

lamps. However, for large and variable product classes, NEMA urged DOE to model lamp types 

against specific economic factors and technical relationships. (NEMA, No. 22 at p. 24) 

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EE-2006-STD-0131 COMMENT 31.2
DOE agrees that a linear extrapolation may generally be too limited in its application, and 

that lamp shipment forecasts from 2006 to 2011 should incorporate both market dynamics and 

macroeconomic factors. Therefore, DOE is no longer using a linear extrapolation from historical 

data. Instead, for this NOPR, DOE calculated an installed stock of lamps in 2005 and applied 

growth, replacement rate, and emerging technologies assumptions to develop shipments 

estimates from 2006 to 2042. In addition, DOE received confidential shipment information from 

NEMA for 2006 and 2007, and, when possible, calibrated the shipments model to match that 

information. The assumptions used to develop shipment forecasts are discussed in the following 

sections. 

b. Shipments Growth

To develop the shipments models for both GSFL and IRL, DOE applied several growth 

rate assumptions. In the March 2008 ANOPR, DOE modeled GSFL shipments from 2012 to 

2042 by projecting lumen growth based on lumen demand serviced by each lamp type in the 

commercial and industrial sectors. For IRL, DOE projected shipments through 2042 based on 

growth in the number of sockets using IRL in the commercial and residential sectors. DOE 

based forecasted lumen and socket growth for GSFL and IRL on historical residential building 

growth from RECS and historical commercial and industrial floor space growth from CBECS 

and MECS. 

DOE received a number of comments in response to its growth rate methodology. The 

majority of these comments fell into three categories: (1) the limits of basing lamp stock growth 

on historical floor space growth; (2) the increasing number of lamps per household; and (3) the 

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wider spacing of more-efficient light fixtures. Below is a discussion of those comments. For 

further details regarding GSFL and IRL growth rate assumptions, see TSD chapter 10. 

i. Floor Space and Building Growth

NEMA stated that the commercial and residential growth rates DOE used in the March 

2008 ANOPR (based on total floor space from CBECS in RECS) have likely led to an 

overstatement of lamp shipments and stock, given the deteriorating economy. (NEMA, No. 22 at 

pp. 23-24) DOE understands NEMA’s concerns and no longer establishes its commercial and 

residential growth from historical floor space growth. Instead, for this NOPR, DOE modeled 

commercial floor space and residential buildings growth based on AEO2008, which estimates 

year-to-year commercial floor space and residential building growth. Because AEO2008 takes 

into account future trends in economic growth, DOE was able to incorporate forecasts of 

macroeconomic conditions in its growth forecast. However, because AEO does not provide 

industrial floor space forecasts, DOE used historical MECS floor space values to establish a 

growth rate for the industrial sector. 

ii. Lamps per Household

The Joint Comment stated that DOE’s growth forecasts omitted an important factor 

driving IRL sales: a trend toward an increasing number of recessed fixtures per home in new 

construction and existing home renovation. Because this trend is excluded from DOE’s analysis, 

which assumed growth based on floor space growth, the Joint Comment argued that IRL 

shipments are likely understated. NEMA also stated that it has seen a trend toward increasing 

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light points per home. To address this development, the Joint Comment recommended DOE 

obtain additional data on sales trends of these lamps and not assume recessed socket growth was 

directly proportional to floor space growth. The Joint Comment, PG&E, and ACEEE cited 

several studies supporting this claim. (Joint Comment, No. 23 at p. 17; Public Meeting 

Transcript, No. 21 at pp. 287–288; NEMA, No. 22 at p. 31) 

DOE agrees with the Joint Comment that the increasing popularity of recessed fixtures in 

new homes will drive IRL sales growth faster in the residential sector. New homes are likely to 

install more IRL than those installed in older homes, and older homes may be renovated to 

include more recessed cans and, thus, more reflector lamps. Therefore, DOE conducted an 

analysis that estimated the average number of recessed cans in homes between 2005 and 2042. 

Using California data68 on recessed cans per home broken out by home age, DOE assumed new 

homes constructed after 2005 would install the same number of recessed cans as homes 

constructed between 2001 and 2005. DOE also assumed that half of the homes constructed 

before 2001 would be renovated by 2042 to have an equal number of recessed cans as newly 

constructed homes. DOE estimated the distribution of homes by age using U.S. Census data69

on new building starts in the residential sector. DOE estimated new construction and the number 

of future homes constructed in each year from AEO2008. Using this data, DOE estimated that 

the average number of recessed cans per home in 2005 was 4.82, and the average number

recessed cans per home in 2042 will be 8.52. As noted above, DOE also agrees with NEMA that 

 of 

 

68 RLW Analytics, Inc., “California Statewide Residential Lighting and Appliance Efficiency Saturation Survey” 

(August 2005)(Last accessed on Sept. 29, 2008). Available at: 

www.calresest.com/docs/2005CLASSREPORT.pdf. 69 U.S. Census Bureau, Manufacturing and Construction Division, “New Privately Owned Housing Unit Starts” 

(2008)(Last accessed on Sept. 29, 2008). Available at: www.census.gov/const/startsan.pdf. 

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growth rates should include forecasts of economic conditions. Therefore, to estimate the growth 

rate in each year, DOE multiplied the number of recessed cans in homes by the projected stock 

of homes according to AEO2008. Combining these two sources, DOE predicts an average 

growth rate of sockets of 2.6 percent between 2006 and 2042, compared to the 1.6 percent DOE 

estimated in the March 2008 ANOPR. 

DOE estimated the GSFL growth rate in the residential sector using a methodology 

similar to that which it employed for IRL in the residential sector. Instead of using the number 

of recessed cans per home by home age, DOE used the number of T8 and T12 lamps by home 

age. Again, DOE assumed that the same number of T8 and T12 lamps per home would be 

installed in new homes as those installed between 2001 and 2005, and that half of homes built 

before 2001 would be renovated by 2042 to have the same number of T8 and T12 lamps as 

newly constructed homes. DOE estimated that the average number of T8 and T12 per lamps 

home in 2005 was 4.5, and the average number in 2042 will be 4.7. Combining this growth 

estimate with AEO2008’s projected growth in the residential home stock yields an average 

growth rate of 1 percent between 2006 and 2042 for GSFL in the residential sector. Compared to 

IRL, the lower GSFL growth rate reflects the lower growth rate of T8 and T12 lamps per home 

versus recessed cans. (In the March 2008 ANOPR, DOE did not consider the residential sector 

for GSFL.) 

iii. Wider Spacing of More-Efficient Fixtures

In its written comments, NEMA suggested that DOE should assume a slower growth rate 

in the commercial building IRL socket base to account for wider spacing of lighting fixtures 

and/or greater use of high-output systems. (NEMA, No. 22 at p. 31) While DOE appreciates 

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NEMA’s comment, it was unable to find (and the commenter did not provide) any information 

related to wider spacing between fixtures, and, therefore, DOE did not change growth estimates 

to account for this potential effect. 

c. Base-Case Scenarios: Emerging Technologies and Existing Technologies

In the March 2008 ANOPR, DOE estimated that by 2042 R-CFL and emerging 

technologies, (e.g., such as LED lamps, and ceramic metal halide (CMH) lamps) would compose 

50 percent of IRL sockets in the installed base. 73 FR 13620, 13670 (March 13, 2008). For IRL, 

DOE accounted for the impact of emerging technologies by deducting their market share in each 

year over the analysis period from the installed base of lamps, effectively reducing the size of the 

market affected by the standards proposed in this rulemaking. In the March 2008 ANOPR, DOE 

did not account for any penetration of emerging technologies into the GSFL market, and 

requested comment on if and how it should incorporate their effects into its analyses. 

DOE received several comments on its consideration of emerging technologies. NEMA 

argued that the performance improvements of CMH will drive the technology’s market 

penetration into the GSFL market. NEMA also asserted that LED lamps could displace GSFL 

shipments to some extent by 2042. (NEMA, No. 22 at pp. 24–26) As for emerging technologies 

in the IRL market, NEMA commented that LED lamps could also displace shipments of IRL to 

some extent by 2042, particularly in the residential sector. NEMA stated that the shift from 

halogen IRL to CMH is already occurring in the retail market. Industrial Ecology stated that an 

integrated PAR CMH lamp would be expected to replace other IRL PAR lamps in the 

commercial retail market. (NEMA, No. 22 at pp. 24–26; Public Meeting Transcript, No. 21 at 

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EE-2006-STD-0131 COMMENT 31.2
pp. 307309) NEMA argued that these emerging technologies will significantly affect future 

lamp shipments and reduce the NPV results of standards for both GSFL and IRL. To more 

accurately forecast the impact of emerging technologies, NEMA suggested that DOE should 

examine historical price and performance points of R-CFL, as well as product cycles for other 

advanced technology equipment. (NEMA, No. 22 at pp. 2426) Industrial Ecology suggested 

that DOE should use semiconductor industry data to assess the manufacturing capacity for solid 

state lamps. (Public Meeting Transcript, No. 21 at p. 311-312) 

DOE agrees that emerging technologies could penetrate GSFL and IRL markets and 

significantly affect shipment forecasts and NIA results. Therefore, for the NOPR, DOE has 

revised its analysis of emerging technologies within the IRL market and now accounts for 

emerging technologies within the GSFL market as well. These emerging technologies already 

are, or eventually will likely be, significantly more efficacious and longer lasting than the lamps 

they replace. However, to calculate the energy savings and NPV benefits due to the penetration 

of an emerging technology, DOE must accurately forecast the anticipated price and performance 

points of the individual technologies—a difficult and highly speculative task. Forecasts related 

to emerging technologies are inherently uncertain because they depend upon assumptions about 

future price, efficacy, and utility, none of which can be verified. Therefore, for the NOPR, DOE 

has chosen to analyze two base-case scenarios for both GSFL and IRL: (1) Existing 

Technologies, and (2) Emerging Technologies. DOE believes evaluating two base-case 

scenarios more completely characterizes the inherent uncertainty of the market penetration of the 

technologies and the consequent impact on NPV and NES. Incorporating emerging technologies 

in the base case does not affect the relative benefits of each TSL and prevents uncertain 

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projections of market share, price, or performance from obscuring the benefits derived from 

more-efficient GSFL and IRL alone. 

For these base-case scenarios, DOE estimated the market penetration of three specific 

technologies into the projected installed stock: (1) LED lamps; (2) CMH lamps; and (3) reflector 

CFL. In general, the Existing Technologies scenario only considers the market penetration of 

technologies that are currently readily available and have reached maturation in terms of price 

and efficacy. Specifically, DOE considers R-CFL in the Existing Technologies scenario within 

the IRL market. For GSFL, no technologies other than those covered by this rulemaking were 

analyzed in the Existing Technologies scenario. (DOE considers the migration to T5 lamps, a 

covered product, separately, as discussed in section V.E.2.d.) 

In the Emerging Technologies scenario, DOE attempts to forecast the market penetration 

of mature technologies and those technologies that are still undergoing significant changes in 

price and efficacy. Specifically, DOE considered the market penetration of R-CFL, LED lamps, 

and CMH lamps in the Emerging Technologies scenario. 

DOE generally followed a 5-step process for each scenario to estimate the market 

penetration of the analyzed technologies and account for their impact on NES and NPV. (Sectorand technology-specific aspects of DOE’s methodology are described below and in TSD chapter 

10.) 

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First, DOE developed price, performance, and efficacy forecasts for each of the analyzed 

technologies. DOE’s methodology in generating these forecasts for each analyzed technology is 

described below. Second, using those estimates, DOE calculated the payback period (PBP) of 

each technology in the relevant sector using the difference between its purchase price, annual 

electricity cost, and annual lamp replacement cost relative to the lamp it replaces. (See TSD 

chapter 10 for further details.) Third, DOE used a relationship between PBP and market 

penetration to predict the market penetration of each technology in the relevant sector in every 

year from 2006 to 2042. Generally, lower PBP of a given lamp technology results in a greater 

predicted market penetration of that technology. DOE used a 5-year average of the market 

penetrations predicted by the relationship as its final market penetration. The 5-year average 

represents the time DOE assumed its takes products with lower PBPs to penetrate the market. 

Fourth, when necessary, DOE applied a scaling factor to the predicted market penetration to 

account for observed market trends. Fifth, DOE reduced the projected installed stock of covered 

products in each year by the value that corresponded to the highest level of market penetration 

achieved in each year by one of the analyzed technologies. Thus, the inclusion of R-CFL and 

other lamps using emerging technologies in the base case have the effect of lowering the energy 

savings of a potential new standard. For those covered lamps remaining, the cost-effectiveness 

of LCC savings and, thus, the relative cost effectiveness of each TSL is not affected. 

Because the lamps employing emerging technologies are beyond the scope of the 

rulemaking, they are not considered design options to improving IRL or GSFL efficacy, but 

rather they may substitutes for the lamps covered in this rulemaking. In the Emerging 

Technologies base case, DOE uses its prices projections effectively as inputs into its shipments 

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forecasts of its covered products, rather than forecasts of shipments of lamps employing the 

emerging technologies themselves. In this way, the price projections of the analyzed lamps 

using emerging technologies indirectly affect the NPV of the present rulemaking, despite not 

being a direct input into equipment prices. As stated previously, to acknowledge the uncertainty 

of price forecasts for lamps using emerging technologies, DOE models two base-case scenarios. 

i. General Service Fluorescent Lamps

For the Existing Technologies scenario, DOE believes that no mature technologies in the 

current market show the potential to significantly penetrate the GSFL market. (T5 lamps, 

previously considered an emerging technology, are now a covered product class.) Therefore, for 

the Existing Technologies scenario, DOE considered only the fluorescent technologies already 

covered by this rulemaking. Thus, except for the addition of T5 lamps, the Existing 

Technologies base case in this NOPR is the same as the base case in the March 2008 ANOPR. 

In the GSFL Emerging Technology scenario, however, DOE separately considered the 

potential market penetration of two technologies: (1) LEDs (into the commercial, residential, and 

industrial sectors); and (2) CMH (into the commercial and industrial sectors). 

For its analysis of LED market penetration, DOE found a commercially-available retrofit 

kit that included a LED replacement for a 4-foot medium bipin system. DOE used the retrofit kit 

as a current baseline from which to project future cost, efficacy, and price points. DOE 

interviewed an integrated circuit manufacturer to develop cost estimates for LED driver circuits. 

For cost estimates of other components, DOE used prices of existing LED products already on 

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the market, which it modified in accordance with cost data and efficacy projections from DOE’s 

Solid State Lighting Multi-Year Program Plan.70 Lastly, using markup based on currentlyavailable LED lamps, DOE was able to develop price and efficacy projections for the LED 

luminaire in the retrofit kit.71 Following the 5-step process described above, DOE calculated a 

41 percent market penetration rate of LED lamps into the 4-foot GSFL commercial sector by 

2042. DOE assumed LED lamps penetrated only the new construction, renovation, and fixture 

replacement markets because these lamps would require their own specific fixtures. In the 

residential sector, the LED option did not have a low enough payback period to result in any 

market penetration. 

DOE also analyzed the potential penetration of CMH into the GSFL market. DOE first 

estimated current CMH prices using a methodology similar to the methodology it used to 

estimate GSFL and IRL prices, as described in the product price determination. (See TSD 

chapter 7.) Industry experts informed DOE that CMH efficacies and lifetimes would increase 

over the next several years while prices would remain constant. Applying these lifetime and 

efficacy projections DOE compared CMH replacements to GSFL systems. As a result, DOE 

assumed no market penetration of CMH because it found that T5 lamp systems (standard output 

and high output) would always be less costly and more efficacious than projected CMH 

replacements. Given this information, DOE believes that it is likely that migration to CMH 

(from the GSFL market) will be dominated by the migration to standard-output and high-output 

T5 lamps. 

 

70 Multi-Year Program Plan FY’09 to FY’14: Solid-State Lighting Research and Development (March 2008). 

Available at: www.netl.doe.gov/ssl/PDFs/SSLMYPP2008_web.pdf. 71 Because they are based on an existing LED retrofit kit, DOE’s projections did not consider innovations in form 

factor or OLED technology which could improve the possible payback period for solid-state lighting technologies. 

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ii. Incandescent Reflector Lamps

As with GSFL, DOE considered two base case scenarios for IRL: Existing Technologies 

and Emerging Technologies. Because DOE believes that R-CFL is a mature technology with 

relatively stable price points and efficacies, DOE considered R-CFL penetration into the 

residential market in the Existing Technologies scenario. In contrast, for the Emerging 

Technologies scenario, DOE considered the market penetration of R-CFL, LED, and CMH 

lamps in both the residential and commercial sectors. DOE separately calculated the penetration 

of each technology into the IRL stock by using the 5-step process described above. 

For R-CFL, DOE developed price forecasts based on historical pricing trends of CFL and 

R-CFL, using a methodology similar to the methodology DOE used to estimate GSFL and IRL 

prices, as described in the product price determination. (See TSD chapter 7.) DOE assumed no 

future change in efficacy. Using this data, DOE found the market penetration predicted by the 

PBP relationship. However, PG&E argued that R-CFL are not always suitable substitutes for 

IRL because they lack dimming capabilities and their beam width is too broad. (Public Meeting 

Transcript, No. 21 at pp. 289, 321) Industrial Ecology commented that dimmable R-CFL do in 

fact exist, while PG&E noted that these lamps have little market share. (Public Meeting 

Transcript, No. 21 at pp. 291, 321) DOE agrees that R-CFL may not always be appropriate 

substitutes for IRL, due to differences in form factor, beam spread, color quality, size and 

dimming capability. DOE observed that the actual market penetration of CFL replacements for 

A-line incandescent lamps thus far has been approximately 40 percent of the penetration 

predicted by the PBP-penetration relationship. Therefore, DOE applied these same scaling172

EE-2006-STD-0131 COMMENT 31.2
factor reductions of 40 percent and 36 percent in calculating the market penetration of R-CFL 

into the IRL market for the residential and commercial sectors, respectively. 

For LED and CMH lamps in the IRL market, DOE developed price and efficacy forecasts 

using a methodology similar to the one described above for GSFL. DOE did not apply the 

scaling factor reduction to the predicted LED and CMH market penetration rates that it used for 

the R-CFL analysis. DOE believes the substitutability problems that arise when R-CFL replace 

IRL do not apply when LED and CMH replace IRL. 

By the methodology described, DOE arrived at market penetration values (and market 

size reductions) for each base-case scenario. For the Existing Technology scenario, 2042 R-CFL 

penetration reached 38 percent in the residential sector and 20 percent in the commercial sector. 

(This was the highest market penetration because it was the only technology analyzed for the 

scenario.) For the Emerging Technology scenario, LED reached the highest market penetration 

of any analyzed technology in both the residential sector and the commercial sector. DOE’s 

analysis found LED lamps could penetrate 40 percent and 82 percent of the IRL installed stock 

by 2042 in the residential and commercial sector, respectively. DOE’s results support a 

comment by Industrial Ecology stating that emerging technologies will enter the commercial 

market first. (Public Meeting Transcript, No. 21 at p. 308) This effect occurs because there are 

higher installation and operating costs in the commercial sector relative to the residential sector, 

resulting in lower PBPs and faster migration to emerging technologies. Again, DOE used these 

results to effectively reduce the size of the IRL market for its analysis. 

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d. Fluorescent Market Sectors Analyzed

In the March 2008 ANOPR, DOE modeled both the commercial and industrial market 

sectors to generate GSFL shipments forecasts. DOE received several comments on its decision 

not to model the residential sector. 

GE commented that DOE should model the residential sector because it makes 

substantial use of less-efficacious T12 lamps, which could be effectively eliminated by new 

standards. GE estimated that by 2012, roughly 20 percent of GSFL shipments will be T12 

lamps, and more than half of those will go to residential consumers. PG&E stated that California 

codes only recently required higher-efficacy lamps in new construction; therefore, 4-foot T12 

lamps with magnetic ballasts remain a large part of the residential installed stock. (Public 

Meeting Transcript, No. 21 at pp. 276–279) 

The Joint Comment asserted that a separate analysis for the residential sector is 

unnecessary; however, the Joint Comment recommended that residential applications should be 

accounted for in DOE’s LCC analysis based on the proportion of lamp sales, operating hours, 

and electric rates. The Joint Comment stated DOE should use caution in apportioning all sales 

through do-it-yourself (DIY) stores, such as Home Depot and Lowe’s, to the residential sector. 

(Joint Comment, No. 23 at p. 10) PG&E and NEMA commented that approximately 20 percent 

of DIY business is commercial. (NEMA, No. 22 at p. 30; Public Meeting Transcript, No. 21 at 

p. 290) 

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DOE agrees that it should model the residential sector to more accurately capture overall 

consumer behavior and the market impact of standards. DOE calculated the initial residential 

stock of 4-foot medium bipin T12 lamps using the lamps sold through the DIY distribution 

chain, which accounted for approximately 25 percent of NEMA’s historical shipments. Next, 

DOE assumed 20 percent of those DIY sales went to small commercial consumers, with the 

remaining 80 percent apportioned to the residential sector. As a result, DOE assumed 20 percent 

of all 4-foot medium bipin shipments went to the residential sector and all of those were T12 

lamps. 

From those shipments, DOE calculated the residential installed stock and then modeled 

new construction, renovation, and fixture/ballast replacement in the same manner described in 

section V.E.2. DOE assumed that in the base case, a portion of consumers will continue to 

purchase 4-foot T12 magnetic systems, while the remaining consumers will choose to purchase 

higher-efficacy 4-foot T8 and 4-foot T12 electronic systems. Overall, the number of 4-foot T12 

systems installed in the residential sectors is relatively constant over the analysis period. For 

more details regarding DOE’s assumptions in the residential sector, please see chapter 10 of the 

TSD. 

e. GSFL Product Migration

DOE received many comments on its assumptions characterizing how consumers will 

migrate among different GSFL products. These comments were primarily focused on the 

movement away from T12 systems and the migration toward T5 systems, topics discussed in 

detail below. 

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i. Ballast Rule Effective Start Date

NEMA commented that the 2000 Ballast Rule does not ban T12 magnetic ballasts in the 

commercial sector until June 2010. This means these ballasts will be available through the end 

of 2010, and not 2009 as DOE’s model had assumed, because some T12s will remain in the 

distribution chain for a period of months after the rule takes effect. Therefore, NEMA argued, 

DOE should expect T12 lamps to continue to be shipped beyond 2022, the year DOE projected 

the lamps will phase out. (NEMA, No. 22 at p. 25, 28) DOE agrees with NEMA that 

commercial sector magnetic ballasts will continue to be available through 2010 and has revised 

its model accordingly to better reflect the timing of the 2000 Ballast Rule’s effective start date of 

amended standards. According to the revised model, DOE estimates that the majority of banned 

magnetic T12 ballasts will be eliminated from the installed stock by 2025. However, as 

discussed below, the inclusion of T12 electronic ballasts results in T12 lamps being shipped 

throughout the analysis period. 

ii. Four-Foot Medium Bipin T12 Lamp Replacements

In the March 2008 ANOPR, DOE assumed that 100 percent of 4-foot T12 systems would 

be replaced by 4-foot T8 systems upon ballast failure. This assumption was made in 

consideration of the 2000 Ballast Rule, which effectively banned most 4-foot T12 medium bipin 

magnetic ballasts. 10 CFR part 430.32(m)(5) DOE received several comments related to this 

assumption and the implications for DOE’s GSFL shipments analysis. 

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Stakeholders generally agreed that DOE’s base-case assumption was too optimistic in 

terms of the migration from 4-foot T12 to 4-foot T8 systems. The comments provided two 

reasons why consumers would be expected to maintain T12 electronic ballasts and not migrate to 

T8 lamps. First, because the installed stock is dominated by T12 lamps, it is unlikely all 

consumers would switch to T8 lamps upon repurchase, especially when spot re-ballasting. Some 

commercial sector consumers would be expected to use another T12 lamp and ballast to maintain 

visual consistency with other lamps in a room. Second, the Joint Comment noted that residential 

low-power-factor ballasts are not subject to the 2000 Ballast Rule, meaning legal ballasts 

compatible with T12 lamps will continue to exist. 10 CFR part 430.32(m)(7)(iii). Similarly, 

Osram Sylvania made the same point and commented that 4-foot T12 medium bipin magnetic 

ballast systems are common in the residential sector. Osram Sylvania added that some fixtures 

include electronic ballasts and are marketed as being capable of operating T12 lamps, which 

could perpetuate T12 usage. NEMA added that cold temperature ballasts for 8-foot T12 RDC 

high output lamps are still allowed under the rule as well. (Public Meeting Transcript, No. 21 at 

pp. 248–251, 276, 281; NEMA, No. at pp. 25, 28; Joint Comment, No. 23 at p. 7) 

The stakeholders did differ slightly on the appropriate replacement rates that DOE should 

assume. The Joint Comment recommended DOE assume 5 to 10 percent of the commercial 

market and a higher proportion of the residential market will purchase T12 lamp and ballast 

systems upon ballast failure, with the remainder migrating to T8 systems. (Joint Comment, No. 

23 at p. 7) GE estimated that about 20 percent of the currently installed base of T12 lamps will 

be replaced by T12 lamps, while the other 80 percent will migrate to T8 lamps. (Public Meeting 

Transcript, No. 21 at pp. 250–252) NEMA suggested that DOE should assume that in 2022, T12 

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lamps will compose at least 10 percent of the 4-foot lamp market, 40 percent of the 8-foot single 

pin slimline market, and over 90 percent of the RDC HO market. (NEMA, No. 22 at p. 28) 

After careful consideration of these comments, DOE has decided to modify its 

assumption regarding the rate of migration from T12 to T8 lamps. Accordingly, DOE is using 

NEMA’s estimates to recalibrate its shipment forecasts. DOE now agrees that not all 4-foot T12 

lamps would be replaced by T8 systems upon ballast failure. Thus, for this NOPR, DOE 

assumed 90 percent (down from 100 percent) of 4-foot T12 systems will be replaced with T8 

systems and 10 percent with T12 systems. According to DOE’s estimates in 2022, T12 lamps 

will comprise nearly 20 percent of the 4-foot medium bipin market, 25 percent of the 8-foot 

single pin slimline market, and 93 percent of the 8-foot recessed double contact HO market. (See 

TSD chapter 10.) DOE notes that these estimates do not exactly align with NEMA’s suggestions, 

because they incorporate several other phenomena in addition to the migration to T12 electronic 

systems (e.g., growth rate, emerging technologies, T5 penetration, 8-foot SP slimline to 4-foot 

MBP conversions). 

iii. Eight-Foot Single Pin Slimline T12 Lamp Replacements

For its shipments forecasts in the March 2008 ANOPR, DOE assumed that 90 percent of 

the 8-foot T12 single pin systems would be replaced with two 4-foot T8 systems, and 10 percent 

would be replaced by 8-foot single pin T8 systems. In its written comments, NEMA generally 

agreed with DOE’s assumption but provided slightly different replacement rate: NEMA 

suggested that DOE should assume 80 percent of the 8-foot T12 single pin lamps would be 

replaced by two 4-foot T8 lamps and 20 percent by 8-foot T8 lamps. (NEMA, No. 22 at p. 28) 

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EE-2006-STD-0131 COMMENT 31.2
ACEEE and the Joint Comment argued that DOE’s assumption that 90 percent of the 8-foot 

market would switch to 4-foot lamps is much too high, particularly because the current stock is 

dominated by T12. The Joint Comment also stated that DOE should include some electronic 

T12 system ballast purchases, as in the case of 4-foot T12 lamps. (Public Meeting Transcript, 

No. 21 at pp. 254–255; Joint Comment, No. 23 at p. 7) 

Based on its consideration of the above comments, DOE revised its estimated conversion 

rates for 8-foot single pin slimline systems in this NOPR. In line with the Joint Comment and 

NEMA’s recommendations, DOE lowered its conversion rates to 4-foot MBP systems. In 

addition, consistent with NEMA’s suggestion, DOE has included a conversion to electronic 8-

foot T12 SP slimline systems. DOE now assumes 80 percent of the 8-foot T12 single pin lamps 

would be replaced by two 4-foot MBP T8 systems, with the remaining 20 percent split evenly 

between 8-foot T8 and electronic 8-foot T12 SP slimline systems. 

iv. Four-Foot T5 Lamps

In the March 2008 ANOPR, DOE did not analyze 4-foot miniature bipin T5 standard 

output (SO) and high output (HO) lamps as covered product classes. As discussed in section 

A.1.b above, for this NOPR, DOE is proposing to cover both T5 SO and T5 HO lamps as 

additional, distinct product classes. The following describes the methodology DOE used to 

generate shipments of these lamps. 

To establish the 2005 installed stock of T5 lamps, DOE first estimated 2001-to-2005 

shipments based on assumptions derived from its market research and supported by manufacturer 

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interviews. Market literature indicated that T5 lamps represented 2 percent of the 2004 GSFL 

market, a figure DOE assumed for its analysis. DOE’s research also indicated that the combined 

market share of T5 SO and HO lamps was growing as a percentage of the overall GSFL market. 

Additionally, in interviews, manufacturers provided insight on the proportions of T5 lamp sales 

that are standard output and high output. Using these assumptions, DOE generated historical 

shipment estimates for 2001 to 2005, which it used to calculate the initial stock of SO and HO 

lamps in the same manner it does for all other GSFL product classes. Finally, DOE received 

confidential aggregated (both SO and HO) T5 lamp shipment data from NEMA for 2001 to 

2007. DOE used this data to validate its installed stock estimates. 

In general, after establishing the 2005 T5 SO and HO installed stocks, DOE modeled 

shipment growth based on a migration from other product classes. For T5 SO lamps specifically, 

DOE’s research indicated that shipment growth of these lamps is primarily driven by a migration 

from the 4-foot MBP market. In addition, because 4-foot T5 MiniBP SO systems require a 

different fixture than 4-foot MBP systems, T5 systems would be unlikely to penetrate the ballastonly replacement market. Therefore, to establish T5 standard output shipments, DOE allotted a 

portion of the 4-foot MBP fixture replacement, renovation, and new construction markets to 4-

foot T5 MiniBP systems. To do this, DOE first calculated the size of this potential market for 

new T5 SO systems in each year. DOE then determined the portion of this market that would 

actually be serviced by T5 SO lamps by calculating the share that resulted in T5 shipments 

consistent with 2006 and 2007 historical data. DOE held the resulting percentage 

(approximately 12.5 percent) constant throughout the analysis period. As a result of the 

inclusion of 4-foot T5 MiniBP lamps eroding part of the 4-foot MBP market, estimates of total 

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4-foot MBP lamp shipments are lower in the NOPR than in the ANOPR. Using this 

methodology, in the base case Emerging Technologies scenario, DOE forecasts T5 SO shipments 

of 15.0 million in 2008, 24.2 million in 2012, and 47.4 million in 2025 (56.2 million in 2025 in 

the base-case Existing Technologies scenario).72 

For T5 HO lamps, after establishing the installed stock in 2005 in the same manner as 

with T5 SO lamps, DOE developed 4-foot T5 MiniBP HO lamp shipments by modeling a 

migration from two different lighting markets. Marketing literature indicated, similar to 8-foot 

RDC HO systems, a large portion of 4-foot MiniBP T5 HO systems serve high-bay (ceilings 

higher than 20-feet high) applications due to their highly-concentrated light output. Historical 

shipment data for 8-foot RDC HO lamps showed substantial declines in 2006 and 2007, 

indicating T5 HO lamps may be rapidly displacing them. In addition, DOE’s research indicated 

that a significant portion of 4-foot T5 HO growth can be attributed to a penetration into the high 

intensity discharge (HID) lamp high-bay and low-bay markets. Therefore, to calculate the 

growth in 4-foot MiniBP T5 HO lamp shipments, DOE assumed that these systems were 

penetrating both the 8-foot RDC HO and HID markets. Similar to its analysis for T5 SO systems, 

DOE established that the fixture replacement, renovation, and new construction market segments 

represent the available market for T5 HO systems. DOE obtained HID shipment data from the 

2004 HID determination,73 from which DOE calculated the total lumens servicing low-bay and 

 

72 As discussed earlier, DOE models two base-case shipment scenarios: Existing Technologies and Emerging 

Technologies. Because the Emerging Technologies scenario models the potential substitution of GSFL systems 

with lamps that incorporate emerging technologies (such as LED), the Emerging Technologies scenario generally 

results in fewer shipments of GSFL. However, based on price and technology advancement projections, DOE 

estimated that these emerging technologies will not likely significantly penetrate the GSFL market until after 2012. 73 U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “Energy Conservation Program 

for Commercial and Industrial Equipment: High-Intensity Discharge Lamps Analysis of Potential Energy Savings” 

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high-bay applications. Then, consistent with historical T5 and 8-foot RDC HO shipments, DOE 

assumed T5 HO would fully penetrate the 8-foot RDC HO new construction, renovation, and 

fixture replacement markets, as well as the HID new construction and renovation market. Using 

this methodology, DOE forecasts T5 HO shipments of 14.0 million in 2008, 23.6 million in 

2012, and 46.1 million in 2025. 

For further details on shipment forecasts of 4-foot T5 lamps, see chapter 10 of the TSD. 

DOE seeks public comment on its analysis of the 4-foot T5 SO and HO markets, as well as its 

shipment results. 

3. Base-Case Market-Share Matrices 

DOE’s market-share matrices are another important input into the shipments analysis and 

NIA. Within each product class, DOE considers the mix of technologies from which consumers 

can choose. These choices are represented in market-share matrices, which apportion market 

share for lamp stocks (in 2012) or lamp shipments (after 2012). Because shipments depend on 

lamp lifetime and system lumen output assumptions, among other inputs, DOE allocated market 

shares to each of the lamp technologies for the base case and standards case. The matrices 

enable the shipment model to capture a migration to different lamps, or, for GSFL, lamp-andballast designs, over time in both the base and standards cases. Issues related to these marketshare matrices are discussed below. 

 

(Dec. 2004). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/commercial/pdfs/hid_energy_savings_report.pdf 

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a. General Service Fluorescent Lamps

A ballast factor measures the actual lumen output of a lamp-and-ballast system relative to 

a reference system. A lower ballast factor will, all else equal, lead to lower lumen output, and 

proportionally less energy consumption than the reference system. ACEEE commented that the 

ballast factor of 0.75 that DOE used in the market matrices is fairly uncommon and that 

manufacturers are now marketing lower ballast factors, including 0.7, 0.69, and 0.68. Therefore, 

ACEEE expects a bigger jump from normal to low ballast factor than the 0.78-0.75 jump that 

DOE assumes in its market-share matrices presented in the ANOPR. The Joint Comment noted 

that 0.71 represents the mid-point of very low ballast factors on the market. (Public Meeting 

Transcript, No. 21 at pp. 262–263; Joint Comment, No. 21 at p. 10) Consistent with changes 

incorporated in the engineering analysis, DOE incorporated a 0.71 ballast factor ballast option in 

the NIA. In sum, DOE attempts to match as closely as possible the lumen output of the retiring 

system and the replacement system. To the extent that a lower ballast factor can achieve the 

appropriate lumen output, it is incorporated into the technology choices facing consumers. 

Regarding the base-case 4-foot T8 medium bipin market-share matrix, Industrial Ecology 

commented that DOE was incorrect to assume 0 percent market share for the 25W lamp in 2012. 

Because thousands of these lamps are being sold in 2008, that estimate should be much greater 

than zero. (Public Meeting Transcript, No. 21 at p. 261) The Joint Comment stated that 30W 

lamps are being displaced by 25W and 28W options. Therefore, DOE’s 30W market share 

assumptions—4 percent in 2012 and 15 percent in 2042—are too large. The Joint Comment 

suggested that DOE should substantially reduce the market share of 30W lamps and split those 

sales between 25W and 28W lamps. (Joint Comment, No. 23 at p. 10) 

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NEMA commented on the same market-share matrix, stating that the market share for T8 

lamps in the 2042 base case should be less than 30 percent for 32W lamps and greater than 30 

percent for 25W lamps, with the rest of the market composed of 28W and 30W lamps. (NEMA, 

No. 22 at p. 28) 

DOE considered the submitted comments and modified its base-case 4-foot T8 medium 

bipin market-share matrix accordingly. Based on a confidential NEMA survey of market shares 

of 4-foot medium bipin lamps, in 2012, DOE allocated 4 percent, 4 percent, and 2 percent of the 

4-foot T8 market share to 25W, 28W, and 30W lamps, respectively, for the revised NOPR basecase market-share matrices. In 2042, DOE allocated 32 percent, 27 percent, and 14 percent 

market to 25W, 28W, and 30W lamps, respectively. See chapter 10 of the NOPR TSD for the 

full market-share matrices in 2012 and 2042. 

b. Incandescent Reflector Lamps

In the March 2008 ANOPR, DOE presented market-share matrices for both residential 

and commercial IRL. For the commercial sector, the base-case IRL market-share matrix 

apportioned market share of the stock to only halogen and the standard HIR (currently EL2) 

lamps. Although DOE received no comments from stakeholders, DOE modified these matrices 

for the NOPR to reflect changes made in the engineering analysis. For the NOPR, the base case 

market-share matrix for commercial IRL now allocates market share to all currently 

commercially-available lamp technologies, including improved halogen, long-life HIR, and the 

silverized reflector technology. DOE believes this revised distribution better reflects product 

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availability and consumer purchasing trends because they include all covered lamp technologies 

currently being sold, 

4. GSFL Standards-Case Shipment Scenarios and Forecasts

In the March 2008 ANOPR, DOE modified its base-case market-share matrices to 

account for two standards-case scenarios and to generate shipment forecasts. DOE considered a 

Roll-up scenario and a Shift scenario, described below. DOE also introduced voluntary 

standards-induced retrofits in the standards case. DOE received several comments on the 

scenarios it analyzed and its rate of voluntary retrofits. In response to those and related 

comments, DOE is modifying its Shift and Roll-up scenarios and introducing new standards-case 

scenarios. These scenarios are discussed in detail below and in TSD chapter 10. 

a. Shift/Roll-Up Scenarios

In the March 2008 ANOPR, DOE modeled lower-bound and upper-bound energy 

conservation scenarios for the GSFL standards-case NIA to characterize the range of energy 

savings that may result from standards. 73 FR 13620, 13671 (March 13, 2008). In the 

standards-case NIA for GSFL and commercial IRL, DOE first modeled a lower-bound energy 

conservation scenario called the Roll-up scenario. 73 FR 13620, 13671 (March 13, 2008). This 

scenario assumes that consumers owning lamps or systems that do not meet the new standards 

will “roll up” to the lowest first-cost option available (preserving lumen output if possible) when 

purchasing standards-compliant lamps. (March 2008 ANOPR TSD chapter 9) The Roll-up 

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scenario also assumes that consumers already owning standards-compliant lamps or systems will 

continue to purchase those lamps or systems. 

DOE also modeled a Shift scenario in the March 2008 ANOPR for the GSFL NIA, in 

which DOE assumed that consumers are driven by both lamps cost and energy savings. In this 

case, consumers may purchase a variety of lamps or systems that are more efficacious than their 

base case systems. (73 FR 13620, 13671 (March 13, 2008); March 2008 ANOPR TSD chapter 

9) Specifically, consumers who purchase products in the base case at above-minimum standard 

levels will “shift up” to even higher efficacy standard levels in the Shift scenario. DOE used this 

scenario to illustrate upper-bound energy savings. 

The Joint Comment argued that both the Roll-up and Shift scenarios understate 

standards-case energy savings, but the Roll-up scenario is more unrealistic because standards 

change the relative economics of more-efficient products. (Joint Comment, No. 23 at p. 11) In 

other words, standards would eliminate the least-efficacious lamps (which usually have the 

lowest first costs), thereby reducing the cost premium of high-efficacy lamps relative to the 

lowest first-cost available lamp. According to the commenter, that would encourage some 

consumers to purchase lamps above the standards. The Joint Comment also argued that new 

standards would encourage manufacturers to promote more efficacious products, a market 

dynamic not sufficiently captured by either scenario. (Joint Comment, No. 23 at p. 11) 

The Joint Comment further stated that the Shift scenario reflects a more realistic 

consumer response to standards than the Roll-up scenario. Historically, for example, some 

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consumers have purchased systems that are more efficacious than minimum standards. Still, the 

Joint Comment argued, the Shift scenario does not fully capture the spread of efficiencies in a 

standards-compliant market and fails to characterize manufacturer efforts to hasten development 

of more-efficient lamps and systems. The Joint Comment argued that DOE’s scenarios should 

anticipate voluntary programs and manufacturer interest in establishing more-efficient product 

lines in the standards case. (Joint Comment, No. 23 at pp. 11, 22) 

Regarding the comment about the relative economics of lamp purchases, DOE agrees that 

the relative first-costs change in the standards case (i.e., the up-front cost differential between the 

least-cost, standards-compliant lamp and a more-efficient lamp) is less than in the base case. 

This effect is one of the reasons DOE models a Shift scenario. Still, DOE does not believe that 

this effect implies that the Shift scenario is necessarily more viable than the Roll-up scenario. 

Although the relative up-front economics change between cost and efficacy, they may not 

change between cost and income, meaning some consumersparticularly those not concerned 

about energy savingsmay focus on the absolute costs at the time of purchase. A consumer’s 

lighting budget, for example, will not necessarily increase simply because there is a smaller cost 

premium for a more-efficacious lamp. In sum, DOE cannot be certain which scenario is more 

likely, and, thus, continues to model both scenarios. 

 

However, DOE agrees that revisions to the Shift scenario may better capture the spread 

of efficiencies in the market. Therefore, DOE revised its Shift scenario for the NOPR to more 

closely retain the existing (baseline) efficacy distribution in the standards case. (See TSD 

chapter 11 for the revised Shift scenario efficacy distribution results.) However, as the standard 

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becomes more stringent, DOE has maintained its approach of incrementally accumulating market 

share of the lamp stock at TSL5 and not projecting some to move beyond what now characterizes 

the maximum technologically feasible standard level (“max-tech”). It is not possible for DOE to 

model a spread of efficiencies above max-tech levels. DOE has interviewed manufacturers and 

concluded it cannot reasonably predict future price and performance points of technologies yet to 

be developed for the market. DOE seeks comment and supporting data on whether the Roll-up 

or Shift scenario is more appropriate. 

b. Lighting Expertise Scenarios

In its written comments, NEMA stated that it considers the Shift scenario implausible 

because the scenario assumes consumers will “aggressively” migrate to lower-ballast-factor 

ballasts. NEMA strongly disagreed with DOE’s assumption that more-stringent efficacy 

standards are significantly correlated with lower GSFL ballast factors (particularly at CSLs 3, 4, 

and 5), and NEMA argued that it had seen no direct and demonstrated causal relationship 

between them in its experience. Further, NEMA argued that there is no proven correlation 

between new potential GSFL standards and the future mix of ballast factor values that will occur; 

therefore, NEMA reasoned that DOE should not apply such a correlation in its standards-case 

market-share matrices. NEMA also commented that new standards-compliant GSFL and their 

ballasts would have to be interoperable across manufacturers and with a wide range of existing 

ballasts and luminaires. Therefore, more-stringent efficacy standards would mostly yield greater 

lumen output, rather than decreasing lamp wattage. As such, NEMA argued, DOE has 

overreached in building a case for standards set at higher efficacy levels by inappropriately and 

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arbitrarily assuming a strong correlation between increasing efficacy and decreasing ballast 

factor views. (NEMA, No. 22 at p. 26, 27) 

NEMA also commented that the most direct way to use the efficacy improvements 

imposed by the standards is to use fewer luminaires to attain the same delivered light level on the 

work surface while reducing the total wattage. However, NEMA maintains that this is not a 

practical possibility because, even for new construction or major renovation projects, the spacing 

of luminaires is dictated by a building and ceiling system grid. Thus, there is no opportunity to 

take advantage of additional lumens that might result from standards by re-spacing existing 

luminaires, which must continue to operate on high-volume ballast designs. (NEMA, No. 22 at 

p. 26) Based on these arguments, NEMA strongly asserted that moving beyond CSL1 and 

CSL2 for a lamp-only rulemaking is ill-advised. (NEMA, No. 22 at p. 26, 27) 

DOE has carefully considered NEMA’s comments on DOE’s assumption of a general 

trend toward lower-BF ballasts over the analysis period. In response, DOE undertook an 

extensive literature review and analysis—discussed below—to better characterize the likelihood 

of consumers migrating to lower-BF ballast systems if higher efficacy standards are required. 

DOE assessed the lighting expertise of groups of consumers, described below, who make 

lighting purchase decisions. DOE assumes that consumers with “high” lighting expertise will be 

sufficiently educated about ballast factors and lamp efficacy to migrate to lower-ballast-factor 

ballasts when lower wattage lamps are not available in the standards case. That is, these 

consumers will seek to maintain light output in the replacement purchase. 

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To analyze this issue, DOE first characterized the lighting market supply chain in the 

commercial and residential sectors and identified the decision makers within each one (e.g., 

contractors, homeowners). DOE broke down each sector by the principal events that prompt 

lamp purchases: (1) ballast failure; (2) retrofit; (3) fixture replacement; (4) renovation; and (5) 

new construction. DOE assigned probabilities reflecting each decision maker’s likelihood of 

making the lighting purchase decision given the purchase event. For example, in purchase 

events driven by new construction, DOE assumed lighting designers, architects, and electrical 

engineers make 70 percent of the decisions, owners make 20 percent, and electrical contractors 

make the remaining 10 percent. DOE then analyzed the likelihood of each decision maker 

choosing to run a lamp on a lower BF ballast if forced by standards to purchase a moreefficacious lamp. DOE described that likelihood with a probability that was based on the 

technical expertise and motivation of the decision maker. Within each purchase event, DOE 

multiplied the likelihood of each market actor making the decision by the likelihood of that actor 

choosing a lower-BF ballast. In this way, DOE derived an estimate for the likelihood of a lowerBF ballast being selected for each event in each sector in the standards case. 

DOE assumed the commercial and industrial sectors behave similarly with respect to 

ballast factor choices, and no distinction was made between them in this analysis. Additionally, 

decision makers in the large-commercial sector can be different agents making different 

decisions than those in the small-commercial sector. In the market segments (purchase events) 

where DOE found consumer behavior to be substantially different between these subsectors, 

DOE weighted the relative impact of each subsector when characterizing the overall commercial 

market. Table V.6 presents the results of DOE’s analysis for the commercial and residential 

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sectors. The values depict the probability that lamps purchased in each event will be matched 

with lower-ballast-factor ballasts, if necessary, to maintain lumen output. For example, 78 

percent of lamps purchased in new construction in the commercial sector will be paired with 

lower–ballast-factor ballasts, if no reduced-wattage lamps are available in the standards case, 

Table V.6 Commercial Market Segment-Based Likelihood of High Lighting Expertise 

Lamp Purchase Event 

Probability 

Commercial Residential 

Renovation 69% 48% 

New Construction 78% 61% 

Retrofit 92% 0% 

Ballast Replacement 8% 0% 

Fixture Replacement 34% 0% 

In light of NEMA’s comments and DOE’s analysis, DOE used these results to add a 

second set of standards-case scenarios to characterize ballast factor migration in the GSFL NIA. 

DOE now also analyzes a High Lighting Expertise scenario and a Market Segment-Based 

Lighting Expertise scenario. These scenarios characterize consumers’ decisions (or lack thereof) 

when purchasing a more-efficient lamp to either maintain previous lumen output or accept higher 

lighting levels. For its part, the High Lighting Expertise scenario uses the same methodology as 

DOE used in the ANOPR. The High Lighting Expertise scenario generally characterizes more 

sophisticated lighting decisions in which consistent lighting levels and/or energy savings play a 

determining role in consumer behavior. In this scenario, consumers are more likely to choose a 

lower-ballast-factor ballast to pair with higher-efficacy lamps. Conversely, in the Market 

Segment-Based scenario, DOE assumed consumers often accept higher lighting levels as a 

consequence of higher-efficacy lamps. As a consequence, these consumers do not achieve the 

same energy savings as would be possible by migrating to lower-ballast-factor ballasts. DOE 

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used this analysis, and the results shown in Table V.6, to characterize the Market Segment-Based 

expertise scenario. On the other hand, in the High Lighting Expertise scenario, DOE assumes all 

consumers (100 percent) migrate to lower-ballast-factor ballasts when appropriate. Please see 

TSD appendix 10B for more details. 

c. Voluntary Retrofits

In the March 2008 ANOPR, DOE assumed that more-stringent efficacy standards would 

lead to higher T12 lamp prices, and, in turn, higher rates of voluntary retrofits from T12 to moreefficacious T8 lamps. For example, DOE assumed that CSL1 would drive an additional 10 

percent of the T12 market to voluntarily migrate to T8 lamps, that CSL2 would drive an 

additional 20 percent, that CSL3 would drive an additional 30 percent, and so on. These 

commercial standards-induced retrofits involve consumers voluntarily discarding their 

functioning T12 ballasts, and purchasing new T8 ballasts in the standards case. In contrast, in 

the base case, these consumers would have utilized the entirety of their T12 ballast lifetime. 

At the public meeting, ACEEE agreed with DOE’s assumption that standards will 

accelerate voluntary retrofits, but argued that DOE’s retrofit rate was too aggressive. ACEEE 

specifically stated that the 50-percent retrofit rate per year at CSL5 was too high and suggested a 

rate of roughly half that level. (Public Meeting Transcript, No. 21 at p. 282) GE agreed that 

DOE’s retrofit rates were too high, suggesting that 10 percent at CSL1 is an appropriate starting 

point, but 25 percent should probably be the maximum assumed retrofit rate at CSL5. Using 

those rates as the minimum and maximum, GE said DOE could scale the rate for the other CSLs. 

(Public Meeting Transcript, No. 21 at pp. 282–283) In its written comments, NEMA similarly 

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stated that DOE’s conversion rate for consumers voluntarily retrofitting from T12 to T8 systems 

is likely overstated. NEMA suggested that DOE should use a voluntary retrofit rate of 20 to 25 

percent for CSL5 and recommended that other rates be adjusted based on that percentage. 

(NEMA, No. 22 at p. 28) 

At the public meeting, Philips also commented that it would expect utilities to be more 

aggressive with their rebate programs in the standards case than they would be in the base case. 

PG&E stated that voluntary retrofits are driven by many factors, including attention to global 

climate change, increased product availability, and other factors, not necessarily utility rebate 

programs. (Public Meeting Transcript, No. 21 at pp. 273–275) 

DOE considered these comments and maintains that these standards-induced retrofits are 

a likely phenomenon and important to model in the NIA. DOE agrees that its initial retrofit 

assumptions were likely too high, particularly for the higher efficacy levels. For the NOPR, 

consistent with comments received, in the commercial sector DOE continued to assume that EL1 

would drive an additional 10 percent of the T12 market per year to voluntary retrofit to T8 

lamps. DOE also assumed a 25-percent retrofit rate at EL4 and EL5, levels at which all T12 

lamps are effectively eliminated from the market. For TSL1, TSL2, and TSL3, DOE changed 

the standards-induced retrofit rates to 10 percent, 15 percent, and 20 percent, respectively. 

Similar to DOE’s approach in the commercial sector, DOE also included increased 

migration of residential consumers from 4-foot medium bipin T12 systems to T8 systems. As 

discussed in chapter 10 of TSD, DOE assumed in the base case that residential consumers 

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replacing their T12 fixture (either due to fixture failure or ballast failure) would purchase another 

T12 system. In contrast, in the commercial sector, DOE assumes 90 percent of 4-foot MBP 

consumer replace their T12 ballasts with T8 ballast upon fixture or ballast failure in the base 

case. In addition, while in the commercial sector DOE assumed, under amended energy 

conservation standards, some consumers would retrofit their working T12 ballast systems before 

end of ballast life, DOE assumed residential consumers never do so. Instead, in the residential 

sector, DOE incorporated an additional migration to T8 lamps only when the consumer is 

confronted with a ballast or fixture failure. In such situations DOE assumed that a certain 

percentage residential consumers, who in the base case would purchase a new T12 system, 

would instead, in the standards case, elect to purchase a T8 system—despite the availability of 

T12 options. Specifically, based on manufacturer interviews, DOE shifts 25 percent, 35 percent, 

and 65 percent of these consumers to T8 systems at TSL1, TSL2, and TSL3, respectively 

(thereby reflecting increased cost of T12 lamps). At TSL4 and TSL5, all residential consumers 

migrate to T8 systems because T12 lamps would be effectively eliminated from the market. 

5. IRLStandards-Case Shipment Scenarios and Forecasts

In the March 2008 ANOPR, DOE modified its market-share matrices to account for 

standards-case scenarios and generate shipment forecasts for IRL. DOE created one main 

shipment scenario and two sensitivity scenarios to characterize how IRL consumers would be 

expected to react to standards in the commercial and residential sectors. The sensitivity 

scenarios were called the “65W BR Lamp Substitution” scenario and the “10-Percent Lumen 

Increase” scenario. For all three standards-case scenarios in these sectors, DOE assumed that 

consumers whose base-case lamp purchase has an efficacy lower than that of the standard would 

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roll up to the least efficacious lamp design available. Any IRL consumer whose base-case lamp 

purchase meets the efficacy standard would remain unaffected. 

In the main shipment scenario, DOE made two assumptions: (1) consumers who purchase 

covered IRL technology in the base case continue to purchase covered IRL technology in the 

standards case (i.e., the total number of installed covered IRL in the base case is the same as that 

in the standards case throughout the analysis period); and (2) in the standards case, consumers 

purchase higher-efficacy lamp designs with equivalent lumen output as their base-case lamps. 

The remaining sensitivity scenarios modeled two situations -- one in which consumers 

may migrate from regulated IRL toward the exempt 65W BR lamps in the standards case 

(termed “65 Watt BR lamp substitution”), and another in which a portion of residential 

consumers of IRL buy a more-efficacious lamp at the same wattage as in the base case (termed 

“10-percent lumen increase”). This sensitivity scenario assumed consumers would, on average, 

purchase 10 percent more lumens in the standards case. As explained below, DOE received 

several comments on the March 2008 ANOPR standards-case IRL shipments. In response to 

those and related comments, DOE is modifying and introducing new standards-case scenarios, 

discussed in detail below and in TSD chapter 10. 

i. Shift/Roll-Up Scenarios

For commercial sector IRL, DOE chose to model a Roll-up scenario in the March 2008 

ANOPR. The Joint Comment encouraged DOE to also model a Shift scenario for commercial 

IRL because of the variety of existing and emerging efficiency options available. The Joint 

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Comment argued a Shift scenario would better capture both the improved cost competitiveness 

of higher-efficacy options and greater manufacturer investment in developing higher-efficacy 

products. (Joint Comment, No. 23 at p. 18) 

DOE agrees that some commercial consumers may continue to purchase products above 

the minimum standard level. Therefore, similar to the Shift scenario in GSFL, DOE created a 

Shift scenario for IRL that captures the same spread of efficiencies in the standards case as in the 

base case. To model this, DOE compiled a distribution of IRL in the commercial sector with 

different efficacies using the revised efficacy standard levels for this notice. Based on this 

distribution, DOE then created a Shift scenario for the NOPR IRL national impact analysis. 

In the March 2008 ANOPR, DOE’s residential standards-case market-share matrix 

assumed that the entire residential market purchases the least-cost standards-compliant lamp at 

each efficacy level. Because all residential consumers purchase baseline lamps, the Shift and 

Roll-up scenarios lead to equivalent results. For example, at CSL1, DOE assumed the entire 

residential market would choose improved halogen lamps; at CSL3, the market would choose 

improved HIR. 

NEMA commented that residential consumers do not necessarily purchase lamps that 

meet only one efficacy level. (NEMA, No. 22 at p. 31) NEMA contended that consumers could 

opt to buy lamps that meet a higher CSL than the one imposed by DOE. 

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Based on NEMA’s comment, DOE reconsidered its assumption that consumers in the 

residential market purchase lamps at only the lowest efficacy level. However, DOE believes that 

its assumption that consumers buy lamps at the lowest first-cost standards-compliant efficacy 

level correctly characterizes residential consumer behavior in general. For example, although 

lamps using HIR technology are available today, consumers generally do not buy them because 

of their high initial cost. DOE does not believe current market behavior will radically change 

under new or amended standards. Without data suggesting otherwise, DOE believes the most 

appropriate forecasting assumption should generally reflect the predominant, current consumer 

behavior. Therefore, DOE maintains its assumption for the NOPR that residential consumers 

would continue to purchase the lowest-first-cost, standards-compliant lamps. For further detail 

regarding the Shift and Roll-up scenarios, see chapter 10 of the TSD. 

ii. Product-Substitution Scenarios

At the public meeting, ACEEE commented that the deployment of non-IRL emerging 

technologies will be affected by the efficacy level that DOE selects for this rule. (Public 

Meeting Transcript, No. 21 at p. 291) While DOE considered the comment, it ultimately did not 

model additional movement to LED or CMH lamps in response to standards because the efficacy 

and price projections for such lamps have a significant degree of uncertainty. DOE does not 

wish to incorporate that level of conjecture into the NPV calculation for this rule. 

However, because DOE assumed R-CFL technology was mature, DOE did assess 

additional movement from IRL to R-CFL in response to standards. For the residential sector, 

DOE calculated simple payback periods comparing R-CFL to the baseline halogen and R-CFL to 

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the higher-efficacy lamp designs. Using incremental market penetrations based on the payback 

period calculations, DOE incorporated additional movement to R-CFL in the residential sector 

standards case. In the commercial sector, DOE assumed that all institutions wishing to convert 

to R-CFL, despite its shortcomings (such as lower color quality), do so before 2012. Therefore, 

there is no additional movement to R-CFL in response to standards. 

DOE excluded certain IRL (particularly some BR and ER lamps, such as 65W BR30 and 

ER40 lamps) from the base-case NIA in the March 2008 ANOPR because these IRL were 

exempted from standards by EISA 2007. (EISA 2007 section 322(b); 42 U.S.C. 6295(i)(1)(C)) 

In the standards-case sensitivity scenario, DOE modeled the movements to exempted IRL as a 

reduction in the market size of covered IRL as consumers move from covered to non-covered 

lamps. DOE received a number of comments on its choice to exclude exempted IRL from the 

base case and standards case in the NIA. 

Several comments recommended that DOE should model movements to exempt IRL in 

the main base-case and standards-case NIA scenarios instead of only modeling such movements 

in a sensitivity scenario. ACEEE commented that DOE needs to account for BR lamps in its 

analysis; by excluding BR lamps from the base case, ACEEE argued DOE was essentially 

ignoring their presence in the market. The Joint Comment argues that 65W BR lamps should be 

included in the base case because they represent a potential loophole to standards. (Public 

Meeting Transcript, No. 21 at pp. 293–294, 313–314; Joint Comment, No. 23 at p. 17) 

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As stated above, DOE only models covered products in the base-case NIA. Since this 

rulemaking does not cover 65W BR lamps, DOE cannot include them in the base-case NIA. 

Accordingly, DOE removed exempted IRL from the shipment data used as inputs to the basecase NIA in the ANOPR. (March 2008 ANOPR TSD chapter 9) For the standards-case NIA, 

DOE created a “65 Watt BR lamp substitution” sensitivity scenario to model movements to 

exempted 65W BR lamps due to the various CSLs. (March 2008 ANOPR TSD appendix 9A) 

DOE included 65W BR lamps in the standards case because covered products shift to this lamp. 

DOE received a number of comments on how it modeled the shift to BR lamps in the 

standards case. NEMA stressed its significance and agreed that consumers will shift from 

covered to exempted BR lamps, with the shift increasing as more-stringent standards raise 

product costs. (NEMA, No. 22 at p. 27) The Joint Comment maintained that 65W BR lamps 

should be included in the standards case. (Joint Comment, No. 23 at p. 17) However, some 

attendees of the public meeting suggested that the shift to the 65W BR might be inappropriate 

because they believed that consumers already purchase exempted BR lamps in most applications 

where consumers have the option of installing either the exempted BR lamps or higher-efficacy 

PAR lamps. For example, PG&E commented that the vast majority of IRL in recessed cans are 

already exempted BR lamps, so it is unlikely that consumers will switch from existing PAR 

lamps (which are included in coverage) to new BR lamps in those applications. In addition, 

Industrial Ecology stated that some household recessed can fixtures are not strong enough to 

hold PAR lamps, which are heavier than BR lamps. Thus, BR lamps would likely maintain their 

indoor recessed can market share relative to PAR lamps. Regarding outdoor applications in 

which PAR lamps are often used, Industrial Ecology also commented that BR lamps are 

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generally incompatible with these application, meaning consumers would likely not migrate from 

PAR lamps to exempted BR lamps for outdoor applications in response to standards. (Public 

Meeting Transcript, No. 21 at pp. 319, 321) 

DOE considered these comments, and agrees that PAR lamps may be more suitable for 

outdoor applications than the exempted BR lamps. However, based on residential estimates that 

40 percent of all residential IRL are PAR lamps, 74 DOE believes that a considerable portion of 

residential PAR lamps are used in non-outdoor applications which are compatible with both PAR 

and the exempted BR lamps. Thus, DOE maintains that some residential consumers would 

likely move to exempted IRL under standards. For the NOPR, DOE revised its estimates of the 

number of consumers that will shift to exempted IRL by calculating incremental market 

penetrations for each standard level. 

To better account for migration to exempted lamps, DOE has decided to analyze a second 

set of standards-case scenarios for IRL in this NOPR. DOE now analyzes scenarios called the 

Product Substitution and No Product Substitution scenarios. The Product Substitution scenario 

models a shift to both exempted BR lamps and to R-CFL in the standards case. The No Product 

Substitution scenario does not model any additional shift in the standards case to non-regulated 

reflector technologies. For more information about the product substitution standards case 

scenario, see chapter 10 of the TSD. 

 

74 New York State Energy Research and Development Authority, Incandescent Reflector Lamps Study of Proposed 

Energy Efficiency Standards for New York State (2006). Available at: 

<http://www.nyserda.org/publications/Report%2006-07-Complete%20report-web.pdf> (Last accessed Oct. 7, 

2006). 

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DOE maintains the 10-percent lumen increase sensitivity scenario from the ANOPR, a 

scenario in which a portion of consumers purchase the same wattage higher efficacy lamp in the 

standards case and do not save energy. See appendix 11A for more detail on this sensitivity 

scenario. 

6. Other Inputs

a. Analysis Period

In its written comments, NEMA stated that any market forecast, even over a short period 

of time, will contain errors. NEMA argued that forecasting market relationships over 30 years 

will compound any inherent errors to the point where the estimate may no longer be useful. For 

example, NEMA argued that overstating growth of lamps covered by this standard would 

overstate the discounted value of potential benefits associated with amended standards. (NEMA, 

No. 22 at p. 24) DOE recognizes that forecasting over long periods of time can lead to 

inaccuracies. However, due to the long lifetime of ballasts and lamps in some sectors, the stock 

of these products can take decades to turn over. Thus, DOE believes the standards impact on 

energy consumption and energy savings is best quantified and evaluated over a long period of 

time. Therefore, DOE has decided to maintain an analysis period from 2012 to 2042, consistent 

with the shipment and national impact analyses of other rulemakings. However, to account for 

the uncertainties involved in forecasting energy savings and NPV in general, and over long 

periods of time, DOE has created several base-case and standards-case scenarios. Based on these 

scenarios, previously discussed in sections V.E.2.c, V.E.4, and V.E.5, DOE believes that it can 

characterize the NIA results for these products with a sufficient degree of certainty. 

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b. Total Installed Cost

The total annual installed cost increase is equal to the annual change in the per-unit total 

installed cost (i.e., the difference between base case and standards case) multiplied by the 

shipments forecasted in the standards case. 

On this topic, GE commented that the cost of migrating from an 8-foot lamp to a 4-foot 

lamp includes not only the lamp and ballast costs, but also the cost of the retrofit kit and labor, 

which was not included in DOE’s ANOPR NIA. NEMA commented that the retrofits kits would 

cost $45-$50, not including labor, which would take 20-25 minutes. (NEMA, No. 22 at p. 28; 

Public Meeting Transcript, No. 21 at pp. 255–256) DOE agrees that the retrofit kit costs should 

be included in the NIA. Therefore, DOE is including in the NIA the retrofit kit cost of $50 per 8-

foot single pin lamp that is replaced by two 4-foot lamps. DOE is also including a total 

installation time of 25 minutes. See TSD chapter 11 for further detail on retrofit kit costs. 

c. Electricity Price Forecast

In the March 2008 ANOPR, DOE projected electricity prices using EIA’s AEO2007

estimates and extrapolated prices beyond 2030. In this notice, DOE updated those projections 

based upon AEO2008. DOE received a comment on using electricity price forecasts other than 

those of AEO as sensitivities. See section V.D.8 above for more detail on this comment and 

DOE’s response. 

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d. Energy Site-to-Source Conversion

The site-to-source conversion factor is the multiplicative factor DOE uses for converting 

site energy consumption into primary or source energy consumption. In the March 2008 

ANOPR, DOE used EIA’s AEO2007 forecasts (to 2030) of electricity generation and electricityrelated losses. DOE extrapolated conversion factors beyond 2030. In this notice, however, DOE 

uses annual site-to-source conversion factors based on the version of the National Energy 

Modeling System (NEMS) that corresponds to AEO2008. The conversion factors vary over time 

because of projected changes in the Nation’s portfolio of generation sources. DOE estimated 

that conversion factors remain constant at 2030 values throughout the remainder of the forecast. 

e. HVAC Interaction Factor

In the March 2008 ANOPR, DOE assumed a 6.25 percent HVAC interaction factor. The 

HVAC interaction factor measures the reduced cooling loads and increased heating loads that 

result from their interaction with more-efficacious lighting systems. For example, a 6.25 percent 

HVAC interaction factor means that one quad of energy savings due to lamps standards results in 

1.0625 quads of total energy savings after the interaction with heating, ventilation, and air 

conditioning systems is taken into account. At the public meeting, PG&E stated that DOE’s 

assumed level for this factor was too low. PG&E argued that if the heat from these products 

goes directly into the building and it takes one unit of electric energy to remove three units of 

heat, 6.25 percent was a very conservative number. (Public Meeting Transcript, No. 21 at pp. 

333–334) Industrial Ecology agreed that 6.25 percent was on the low end of most estimates and 

cited the following rule of thumb used in the service industry: one saves a quarter of a watt in 

HVAC operation for every watt one saves ceiling lighting systems.. Industrial Ecology 

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suggested that DOE should look into other studies for more information on the HVAC 

interaction factor. (Public Meeting Transcript, No. 21 at pp. 333–334) 

DOE is unaware of any other national-level studies that may be useful in estimating the 

HVAC factor specific to lighting over the entire calendar year. Therefore, DOE continues to use 

the study75 that originated from the 2000 Ballast Rule. DOE notes that it has updated the study 

since its original publication and that it is a national-level analysis covering many building types 

across several climate zones. 

f. Rebound Effect

In its analyses, DOE accounted for an anticipated “rebound effect”76 that may occur after 

the installation of energy efficient lighting equipment. After consulting the literature77 reporting 

on this effect, DOE used in the March 2008 ANOPR an 8.5-percent rebound effect for the 

residential sector and a 1-percent effect in the commercial sector, with every 100 percent 

increase in energy efficiency. NEMA agreed with DOE’s inclusion of the rebound effect, but 

commented that more research needs to be done to characterize its magnitude. (NEMA, No. 22 

at p. 30) DOE is unaware of other data that would affect its current rebound effect assumptions. 

 

75 U.S. Department of Energy—Energy Efficiency and Renewable Energy Office of Building Research and 

Standards. Technical Support Document: Energy Efficiency Standards for Consumer Products: Fluorescent Lamp 

Ballast Proposed Rule: Appendix B. Marginal Energy Prices and National Energy Savings. January 2000. 

Washington, D.C. <http://www.eere.energy.gov/buildings/appliance_standards/residential/pdfs/appendix_b.pdf>. 76 Under economic theory, “rebound effect” refers to the tendency of a consumer to respond to the cost savings 

associated with more-efficient equipment in a manner that actually leads to marginally greater product usage, 

thereby diminishing some portion of anticipated energy savings related to improved efficiency. 77 Greening, L.A., D.L. Greene, and C. Difiglio, “Energy efficiency and consumption—the rebound effect—a 

survey,” 28 Energy Policy (2000), pp. 389–401.

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DOE invites additional comments on this issue and will consider incorporating any relevant data 

provided. 

g. Discount Rates

In its analyses, DOE multiplies monetary values in future years by a discount factor in 

order to determine their present value. DOE estimated national impacts using both a 3-percent 

and a 7-percent real discount rate as the average real rate of return on private investment in the 

U.S. economy. The Joint Comment argued that DOE should use a 2-percent to 3-percent real 

discount rate, noting other rulemakings and extensive academic research supporting a real 

societal discount rate in that range. (Joint Comment, No. 23 at p. 22) While DOE acknowledges 

the comment, the Department notes that it is required to follow guidelines on discount factors set 

forth by the Office of Management and Budget (OMB). Specifically, DOE uses these discount 

rates in accordance with guidance that OMB provides to Federal agencies on the development of 

regulatory analysis (OMB Circular A-4 (Sept.17, 2003), particularly section E, “Identifying and 

Measuring Benefits and Costs”). Accordingly, DOE is continuing to use 3-percent and 7-percent 

real discount rates for the relevant calculations in this NOPR. 

F. Consumer Subgroup Analysis 

 In analyzing the potential impacts of new or amended standards, DOE evaluates the 

impacts on identifiable subgroups of consumers (e.g., low-income households or small 

businesses) that may be disproportionately affected by a national standard. In the March 2008 

ANOPR, DOE requested comments on subgroups that should be considered for the NOPR 

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analysis. 73 FR 13620, 13682 (March 13, 2008). NEMA commented that DOE should assess 

the impacts of standards on low-income consumers, as well as houses of worship, historical 

facilities, and institutions that serve low-income populations. (NEMA, No. 22 at p. 32) 

DOE researched the suggested subgroups using the 2001 RECS and 2003 CBECS 

databases and the 2002 U.S. Lighting Market Characterization. The Residential Furnaces and 

Boilers NOPR,78 Central Air Conditioners Supplemental Notice of Proposed Rulemaking,79 and 

Clothes Washers Final Rule80 defined “low-income consumers” as residential consumers with 

incomes at or below the poverty line, as defined by the U.S. Census Bureau. DOE has defined 

“low-income consumers” in the same way for this rule. DOE discovered that in 2001, residential 

low-income consumers faced electricity prices that were 0.1 cents per kWh lower than the prices 

faced by consumers above the poverty line. Using this information, DOE performed a subgroup 

analysis of low-income consumers for the NOPR, the key findings of which are presented below 

and addressed in section VI.B.1.b. 

 

78 U.S. Department of Energy—Office of Energy Efficiency and Renewable Energy, Technical Support Document: 

Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces 

and Boilers Proposed Rule: Chapter 11 (2006). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/furnaces_boilers/fb_tsd_chapt11_0906.

pdf (Last accessed Dec. 8, 2008). 79 U.S. Department of Energy—Office of Energy Efficiency and Renewable Energy, Technical Support Document: 

Energy Conservation Program for Consumer Products: Central Air Conditioners and Heat Pumps Energy 

Conservation Standards Proposed Rule: Chapter 10 (2001). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/chap10_sub-grp.pdf (Last accessed 

Dec. 8, 2008). 

80 U.S. Department of Energy—Office of Energy Efficiency and Renewable Energy, Technical Support Document: 

Energy Conservation Program for Consumer Products: Clothes Washer Energy Conservation Standards Final 

Rule: Chapter 18 (2001). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/chapter_8_consumer_analysis.pdf 

.(Last accessed Dec. 8, 2008). 

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DOE found that houses of worship used their lamps for fewer hours per year than any 

other building type in the non-mall commercial building sector, according to the 2003 CBECS 

and LMC. DOE analyzed houses of worship using 1,705 operating hours per year for GSFL 

(rather than 3,435 hours per year for an average commercial facility) and 1,609 operating hours 

per year for IRL (rather than 3,450 hours per year for an average commercial facility). 

DOE also found that a wide range of sites (from single buildings to entire districts) are 

classified as “historical facilities.” Because historical facilities serve a range of functions, DOE 

assumed that such facilities also feature the same variety of operating hours, electricity prices, 

and discount rates as a typical consumer. However, DOE did find that these buildings, on 

average, have more T12 lamps than the typical commercial or residential building. Therefore, in 

its subgroup analysis for historical facilities, DOE concentrated on the LCC analysis and results 

for those consumers with T12 fluorescent lamps. 

DOE also found a wide array of nonprofit and for-profit organizations that serve lowincome populations. Because of the large diversity of organizations in this sector, DOE does not 

expect to see operating hours, lamp types, or event response behaviors that vary significantly 

from the commercial sector as a whole. However, DOE believes that the majority of 

organizations serving low-income populations are small nonprofits. For this reason, DOE chose 

a subgroup scenario with a discount rate that is 3.8 percent higher than the average discount rate 

for the commercial sector (for a discount rate of 10.8 percent), based on the sources used to 

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develop the discount rate for small business subgroups in the Ovens and Commercial Clothes 

Washers NOPR analysis.81 

Although NEMA did not request that DOE analyze consumers of T12 electronic systems, 

DOE decided to analyze this subgroup as well, because consumers that already have a T12 

electronic system could potentially benefit less from standards than those consumers with 

magnetic systems. Specifically, consumers that own a T12 electronic system in the base case 

would need to purchase a T8 electronic system in the case of an energy conservation standard at 

EL4 or EL5. Because the T12 electronic system is more efficient than T12 magnetic systems, 

consumers with electronic systems would experience lower operating cost savings than those 

consumers with magnetic systems. In order to analyze the affect on consumers of T12 electronic 

systems, DOE established a new baseline electronic T12 system and modified standards-case 

systems so that both light output is maintained in the case of a standard and energy is saved. For 

this subgroup, DOE only analyzed the event where a consumer purchases a T12 lamp in the 

baseline and a T8 lamp and ballast system in the case of a standard at EL4 and EL5, as T12 

lamps are no longer available. All other factors of the LCC subgroup analysis remained the 

same as in the primary analysis. See the NOPR TSD chapter 12 for further information on the 

LCC analyses for all subgroups. 

 

81 U.S. Department of Energy—Office of Energy Efficiency and Renewable Energy, Technical Support Document: 

Energy Conservation Standards for Certain Consumer Products (Dishwashers, Dehumidifiers, Electric and Gas 

Kitchen Ranges and Ovens, and Microwave Ovens) and for Certain Commercial and Industrial Equipment 

(Commercial Clothes Washers): Chapter 12 (2008). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/home_appliances_tsd/chapter_12.pdf. 

(Last accessed Dec. 8, 2008). 

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G. Manufacturer Impact Analysis

1. Overview

 DOE performed an MIA to estimate the financial impact of higher energy conservation 

standards on GSFL and IRL manufacturers, and to calculate the impact of such standards on 

domestic manufacturing employment and capacity. The MIA has both quantitative and 

qualitative aspects. The quantitative part of the MIA primarily relies on two separate 

Government Regulatory Impact Models (GRIMs)industry-cash-flow models customized for 

this rulemaking. The GRIM inputs are data characterizing the industry cost structure, shipments, 

and revenues. The key output is the industry net present value. Different sets of assumptions 

(scenarios) will produce different results. The qualitative part of the MIA addresses factors such 

as product characteristics, characteristics of particular firms, and market and product trends, and 

it also includes an assessment of the impacts of standards on subgroups of manufacturers. The 

complete MIA is outlined in chapter 13 of the TSD. 

DOE conducted the MIA in three phases. Phase 1, “Industry Profile,” consisted of the 

preparation of an industry characterization. Phase 2, “Industry Cash Flow,” focused on the 

industry as a whole. In this phase, DOE used two separate GRIMs (one for the GSFL industry 

and one for IRL industry) to prepare an industry cash-flow analysis. DOE used publiclyavailable information developed in Phase 1 to adapt each GRIM structure to facilitate the 

analysis of amended GSFL and IRL standards. In Phase 3, “Subgroup Impact Analysis,” DOE 

conducted interviews with manufacturers representing the majority of domestic GSFL and IRL 

sales. During these interviews, DOE discussed engineering, manufacturing, procurement, and 

financial topics specific to each company, and also obtained each manufacturer's view of the 

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industry as a whole. The interviews provided valuable information DOE used to evaluate the 

impacts of amended energy conservation standards on manufacturer cash flows, manufacturing 

capacities, and employment levels. 

a. Phase 1, Industry Profile 

 In Phase 1 of the MIA, DOE prepared a profile of the GSFL and IRL industries based on 

the market and technology assessment prepared for this rulemaking. Before initiating the 

detailed impact studies, DOE collected information on the present and past structure and market 

characteristics of the GSFL and IRL industries. The information DOE collected included market 

share, product shipments, markups, and cost structure for various manufacturers. The industry 

profile includes further detail on the overall market, product characteristics, estimated 

manufacturer market shares, the financial situation of manufacturers, and trends in the number of 

firms in the lamp industry. 

 The industry profiles included a top-down cost analysis of GSFL and IRL manufacturers 

that DOE used to derive product costs and preliminary financial inputs for the GRIM (e.g., 

revenues; material, labor, overhead, and depreciation expenses; selling, general, and 

administrative expenses (SG&A); and research and development (R&D) expenses). DOE also 

used public information to further calibrate its initial characterization of the industry, including 

Securities and Exchange Commission (SEC) 10–K and 20-F reports, Standard & Poor’s (S&P) 

stock reports, and corporate annual reports. 

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b. Phase 2, Industry Cash-Flow Analysis

 Phase 2 of the MIA focused on the financial impacts of potential amended energy 

conservation standards on the industries as a whole. DOE used the GRIMs to calculate the 

financial impacts of standards on manufacturers. DOE used two separate GRIMs, one for each 

industry analyzed (GSFL and IRL). In Phase 2, DOE used each GRIM to perform a preliminary 

industry cash-flow analysis. In performing this analysis, DOE used the financial values 

determined during Phase 1 and the shipment scenarios used in the NIA analysis. 

c. Phase 3, Subgroup Impact Analysis

 Using average cost assumptions to develop an industry-cash-flow estimate does not 

adequately assess differential impacts among manufacturer subgroups. For example, small 

manufacturers, niche players, or manufacturers exhibiting a cost structure that largely differs 

from the industry average could be more negatively affected. DOE used the results of the 

industry characterization analysis (in Phase 1) to group manufacturers that exhibit similar 

characteristics. 

 During the ANOPR public meeting, Industrial Ecology commented that small lamp 

manufacturers may be disproportionately affected by IRL and GSFL standards. (Public 

Transcript, No. 21 at pp. 354–356) DOE established two subgroups for the MIA corresponding 

to large and small business manufacturers of GSFL and IRL products. For the GSFL and IRL 

manufacturing industries, small businesses, as defined by the Small Business Administration 

(SBA), are manufacturing enterprises with 1,000 or fewer employees. Based on identification of 

these two subgroups, DOE prepared one interview guide with questions related to both GSFL 

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and IRL manufacturing for large and small manufacturers. DOE used the interview guide to 

tailor the GRIMs to address unique financial characteristics of manufacturers of each industry. 

DOE interviewed companies from each subgroup, including subsidiaries and independent firms 

and public and private corporations. The purpose of the meetings was to develop an 

understanding of how manufacturer impacts vary by TSL. During the course of the MIA, DOE 

interviewed manufacturers representing the vast majority of domestic GSFL and IRL sales. 

Many of these same companies also participated in interviews for the engineering analysis. 

However, the MIA interviews broadened the discussion from primarily technology-related issues 

to include business-related topics. One objective was to obtain feedback from industry on the 

assumptions used in the GRIM and to isolate key issues and concerns. See chapter 13 of the 

TSD for details. 

2. Discussion of Comments

In response to DOE’s March 2008 ANOPR presentation of the steps DOE would take 

during the MIA for the NOPR, DOE received several comments related to the high price and 

limited availability of xenon. NEMA commented that xenon gas was the only viable option for 

higher-efficiency fill gas and cited manufacturer concerns about its limited supply and quickly 

escalating prices. (NEMA, No. 22 at p. 8) NEMA also stated that assumptions DOE uses in its 

analysis can become invalid quickly, citing the price of xenon as an example of an assumption 

that could seriously affect their business. (NEMA, No. 21 at p. 108-109) During the 

manufacturer interviews, manufacturers contended that the global supply of xenon was fixed and 

that competition with other applications (i.e., anesthesia) has caused the price of xenon to 

increase ten-fold over the last year. After receiving these comments, DOE conducted its own 

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research to determine if market conditions for xenon could affect its use as a higher-efficiency 

fill gas. 

According to DOE’s research, xenon is one of three rare gases (along with neon and 

krypton) produced by cryogenic air separation. Given the low concentration of the rare gases in 

the air (neon 0.002 percent, krypton 0.0001 percent, and xenon 0.00001 percent),82 the only costeffective recovery options are large air-separation units. Most worldwide supply is met by the 

three largest industrial gas companies (Air Liquide, Praxair, and Linde); another major supplier 

is Iceblick, a former State-controlled enterprise of the Soviet Union. 

Major applications for xenon include lighting, television flat panel displays, the space 

industry (for ion engines and satellite repositioning), medical imaging and anesthesia, and 

electronic chip manufacturing. All applications are growing rapidly. Demand from the 

semiconductor industry alone increased from less than 1 million liters per year in June 2007 to 

almost 3 million liters per year in June 2008. Demand for xenon has also grown significantly in 

the last 18 months, greatly outpacing the 12 million liters of worldwide xenon production. 83 

While there remain essentially inexhaustible supplies of xenon in the atmosphere, considerable 

investment would be required to expand global production substantially. Since it is impossible 

to immediately increase supply to meet demand, spot prices have increased from $3$4 per liter 

 

82 See www.airliquide.com/file/otherelement/pj/airliquide2007gb_bd_ok12439.pdf, p. 110. 83 Betzendahl, Richard, “The Rare Gets More Rare: The Rare Gases Market Update” (CryoGas International)(June 

2008) 26. 

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to $28$35 per liter for large cylinders. 84 These higher prices are likely to be sustained in the 

near-term until supply can meet the growing demand. 

 

DOE estimates that the increased demand for xenon as a result of this rulemaking would 

range from 3.2 percent to 12.8 percent of current worldwide production in the first year the 

rulemaking takes effect. Over the 30-year analysis period, the increased demand for xenon could 

range from 0.5 percent to 18 percent of current worldwide production, depending on the scenario 

analyzed. This increased demand is expected to have little long-term effect on the price or 

availability of xenon, considering the other contributing factors. Rapid growth or decline of 

existing markets or the discovery of a new application could significantly affect the total demand 

for xenon, perhaps even more than this rulemaking. Furthermore, the above numbers are based 

on the current worldwide production (12 million liters) and assume no increase in production 

over the analysis period. This is highly unlikely, given that current demand substantially exceeds 

supply. Any future increase in xenon production would decrease the percentages mentioned 

above. Thus, DOE has tentatively concluded that the amount of xenon required by lamp 

manufacturers to produce lamps that meet the proposed standards would not significantly affect 

the price or availability of xenon. DOE also conducted an LCC sensitivity analysis to determine 

the impact of higher xenon prices on the consumer. For more information on the xenon market 

analysis and the consumer impacts of higher xenon prices, see appendix 3B of the TSD. 

In the GSFL industry, manufacturers stated that the “rare earth phosphors” are a key 

component of GSFL performance. During the comment period, some manufacturers expressed 

 

84 Id. 

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concern that higher CSLs would necessitate increasing mixes of the costly rare earth phosphors 

in the lamp coating. These manufacturers stated that more stringent standards would drive up 

demand for (and the price of) rare earth phosphors, which already face significant supply 

constraints. These manufacturers added that continued growth in the CFL market will also 

capture an increasing share of available phosphor supply in the future, potentially increasing 

prices and jeopardizing the cost-effectiveness of the standards. Depending on the lamp type, rare 

earth phosphors can be the highest input cost of a GSFL. 

Manufacturers also noted that higher standards could drive manufacturing processes to 

China, where the vast majority of rare earth phosphors are mined. Coupled with cheaper labor 

and high export tariffs, the incentive to move production of lamps to China might prove too great 

to resist. To address these concerns, DOE analyzed the rare earth phosphor market to understand 

the potential impact of the standards on supply and demand, pricing, growth, and innovation. 

DOE also analyzed the impact on employment for domestic manufacturers. 

Because the UV radiation emitted within the lamp by the reaction of the electrons and 

mercury vapor is invisible, manufacturers must coat the inside of the lamp’s glass with powered 

phosphors. The phosphors fluoresce when struck by the UV radiation and convert it into visible 

light. Less-efficient, low-cost lamps only use “halophosphors” to coat the lamp. Halophosphors 

are more abundant and much less costly than rare earth phosphors, but are also less efficient and 

produce a lower quality light. Coating a lamp with a layer of rare earth phosphors in addition to, 

or in place of, halophosphors can increase efficacy, while dramatically improving color quality 

and lumen maintenance. The coating’s blend of phosphors determines, in part, the CCT and CRI 

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of the lamp. The lamp coating of high-performance GSFL, often called a “triband” or 

“triphosphor” blend, commonly includes three key elements--terbium, europium, and yttrium. 

Terbium and europium are the rarest and reflect the greatest portion of the coating’s cost. 

DOE evaluated the impact of standards on the phosphor markets and concluded that 

mandating TSL5 would increase the global demand and prices of these phosphors. DOE expects 

2012 terbium demand to be 31 percent greater at TSL5 in the Shift-High Consumer Expertise 

scenario than it would be in the Existing Technologies base case. DOE estimates europium 

demand would increase by 10 percent, while Yttrium demand would increase marginally. These 

estimates reflect the upper bound of demand increases. 

Given the historically volatile prices of these phosphors and the unpredictable future 

determinants of supply and demand (such as Chinese policy, additional mining operations, and 

future technological changes), DOE has not developed supply and demand curves in order to 

estimate future phosphor prices. However, DOE recognizes significant price increases are 

possible given the expected surge in demand, particularly for terbium and europium. Therefore, 

to analyze the impact of higher phosphor prices, DOE also conducted a sensitivity analysis to 

address the potential increases in lamp prices attributable to greater phosphor costs on the 

consumer. That is, DOE compares LCC savings with current phosphor costs to LCC savings 

under a scenario with higher phosphor prices. Appendix 3C shows the results of this sensitivity 

analysis and the rare earth phosphor market analysis. 

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Additionally, DOE found several rare earth mining projects in development around the 

world that have the capacity to increase rare earth supply. If prices continue to climb, DOE 

expects the economics of mining rare earths to encourage more projects, and make lessconcentrated rare earth deposits economically viable, which will increase supply. For these 

reasons, DOE does not believe standards, and their potential impact on phosphor prices, will 

affect product availability. 

3. Government Regulatory Impact Model Analysis

 The GRIM analysis uses a standard, annual cash-flow analysis that incorporates 

manufacturer prices, manufacturing costs, shipments, and industry financial information as 

inputs and models changes in costs, distribution of shipments, investments, and associated 

margins that would result from new or amended regulatory conditions (in this case, standard 

levels). The GRIM spreadsheet uses a number of inputs to arrive at a series of annual cash 

flows, beginning with the base year of the analysis (2007) and continuing to 2042. DOE 

calculated INPVs by summing the stream of annual discounted cash flows during this period. 

 DOE used the GRIM to calculate cash flows using standard accounting principles and to 

compare changes in INPV between a base case and various TSLs (the standards cases). 

Essentially, the difference in INPV between the base case and a standards case represents the 

financial impact of the amended energy conservation standards on manufacturers. DOE 

collected this information from a number of sources, including publicly-available data and 

interviews with manufacturers. See chapter 13 of the TSD for details. 

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4. Manufacturer Interviews

As part of the MIA, DOE discussed potential impacts of amended energy conservation 

standards with manufacturers responsible for the vast majority of domestic GSFL and IRL sales. 

The manufacturers interviewed produce approximately 90 percent of GSFL for sale and 85 

percent of IRL for sale. These interviews were in addition to those DOE conducted as part of the 

engineering analysis. The interviews provided valuable information that DOE used to evaluate 

the impacts of amended energy conservation standards on manufacturer cash flows, 

manufacturing capacities, and employment levels. 

a. Key Issues

i. GSFL

Rare earth phosphor availability and priceAll of the GSFL manufacturers DOE 

interviewed are concerned about the availability and price of rare earth phosphors. Due to the 

importation of rare earth phosphors, any increases in duties paid to producing countries, such as 

China, could have significant impacts on lamp manufacturing costs. Any increase in lamp 

material costs directly affects manufacturer profitability. According to manufacturers, meeting 

higher energy conservation standards for GSFL would require an increase in rare earth phosphor 

content in lamp coatings. These manufacturers stated that higher energy conservation standards 

would drive up demand for and prices of rare earth phosphors, which are already in short supply. 

In addition, manufacturers stated that the continued growth in the CFL market will erode future 

supply, jeopardizing the cost-effectiveness of the standards. Depending on the lamp type, rare 

earth phosphors can be the highest input cost of a GSFL. Some manufacturers also noted that 

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higher standards could drive manufacturing processes to China, where the vast majority of rare 

earth phosphors are mined. Issues with rare earth phosphors are specifically addressed in 

appendix 3C of the TSD. 

Reduction in product portfolio—Some manufacturers are concerned that energy 

conservation standards will force manufacturers to eliminate some product lines, shrinking their 

overall marketability. According to manufacturers, the ability to survive in the industry is related 

to the companies’ diverse product portfolios. Companies benefit from a wide range of products 

and efficiencies. Depending on the characteristics of the product, manufacturers can up-sell to 

products that reap higher profits. Manufacturers are concerned that reducing the product 

portfolio will reduce options for customers and, ultimately, profitability. 

Profit margin impactAll manufacturers stated that energy conservation standards have 

the potential to greatly harm their profitability. Manufacturers enjoy a higher profit margin on 

higher-efficacy or premium products than lower-end or baseline products. Since higher-efficacy 

or premium products tend to incorporate design options that increase energy efficiency, a highefficiency standard would commoditize such products and subsequently lower the overall 

manufacturer markup on shipments. Several manufacturers stated it is very difficult to pass 

along cost increases to customers because of the competitive nature of the industry. Therefore, 

they believe any cost increase due to standards set by DOE would automatically lower profit 

margins. 

ii. IRL

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Product performance issuesAll manufacturers stated that implementation of design 

options to meet the proposed energy conservation standards could cause a reduction in product 

lifetime. Manufacturers stated that all standard levels could be met by lamps that combine 

improved technology with shorter life. In addition to this broad possibility, manufacturers 

indicated that the product lifetime of infrared lamps that meet efficacy levels prescribed by 

TSL3, TSL4, and TSL5 could be lowered due to the “hot shock” application problem. If infrared 

lamps are installed in a live fixture, sections of the lamp’s filament can fuse together, possibly 

decreasing the lifetime by 25 to 30 percent. Manufacturers are concerned that both the 

performance issues of hot shock and shorter life could impact consumers’ acceptance of covered 

IRL products. Any dissatisfaction resulting lower lifetimes of standards-compliant lamps could 

hasten the shift to competing technologies, which have much longer lifetimes. 

Xenon gas availability and priceAccording to several manufacturers, most higherefficacy model lamps at each TSL use xenon to increase efficacy. While using a different fill gas 

does not require significant capital investments, manufacturers stated that xenon prices have 

increased as much as ten-fold in the past few years. In the short term, global supplies of xenon 

are limited by existing production capacity, so the IRL industry has to compete with other 

industries, such as medical applications, that are better able to support higher prices. For more 

information on DOE’s analysis of this issue, see appendix 3B of the TSD and section V.G.2 of 

today’s notice. 

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Elimination of product types in the manufacturers’ product portfolioManufacturers are 

concerned that at higher efficacy levels, all lamps will need to switch to all infrared technology, 

which would significantly reduce product offerings. 

Elimination of small-diameter lampsManufacturers are concerned that energy 

conservation standards could eliminate smaller-diameter lamps. Because of the small size, all 

manufacturers use a single-ended quartz burner in lamps smaller than PAR30, limiting potential 

efficacy improvements. Although DOE scales its standard to smaller-diameter lamps and there 

are existing PAR20 lamps at all TSLs, manufacturers are concerned that the improvements for 

small-diameter lamps at high TSLs could be impossible or cost prohibitive. DOE addresses the 

issues of small-diameter lamps in section V.C.7.b.ii of today’s notice. 

CompetitionManufacturers stated that some TSLs could affect competition within the 

industry. For example, one manufacturer has a patent on silverized reflectors. While DOE did 

not set TSLs around this technology, this manufacturer could meet TSL2 with cheaper lamps 

than its competitors. One manufacturer has a cross license on the technology, but has not made 

silverized lamps recently and would incur substantial capital and conversion costs to produce 

them. There are competitive concerns at TSL4 and TSL5 as well. Two manufacturers have a 

full line of products that currently meet TSL4. The third manufacturer has some products at this 

level, but is concerned that it would have to incur significantly larger capital costs at TSL4 to 

redesign and manufacture different burners, which could put it at a competitive disadvantage. 

Only one manufacturer currently has a full line of products at TSL5. At TSL4 and TSL5, 

standards-compliant lamps could combine HIR technology with an improved reflector, 

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potentially putting the company that does not have access to silverized reflectors at a 

disadvantage. 

Market erosionManufacturers stated that emerging technology is already starting to 

penetrate the IRL market. A standard on IRL would be unique because it would force 

investments in a market that would shrink over the entire lifetime of the investment. Depending 

on market penetration of emerging technology, these investments might never be recouped. 

Also, manufacturers are concerned that a standard on IRL could hasten the switch to emerging 

technology by lowering the difference in their first cost price. If the standard did increase the 

natural migration toward new technology, it would be less likely that manufacturers would make 

the substantial investments to modify IRL production equipment. Finally, manufacturers are 

concerned that the BR exemptions in EISA 2007 could also erode the market: The higher the 

IRL standard, the lower the relative cost of the exempted incandescent lamps. If a lower relative 

cost causes a large shift to exempted incandescent lamps, it is less likely that investments in 

improved halogen lamps could be justified. To address emerging technologies and BR 

exemptions issues discussed by manufacturers, DOE included several shipment scenarios in both 

the NIA and the GRIM. See chapter 10 and chapter 13 of the TSD for a discussion of the 

shipment scenarios used in the respective analysis. 

b. Government Regulatory Impact Model Scenarios and Key Inputs

i. GSFL Base-Case Shipment Forecast

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 In the GSFL GRIM, DOE estimated manufacturer revenues, based on unit shipment 

forecasts and distribution by product class and efficacy. Changes in the product mix at each 

standard level are a key driver of manufacturer finances. For this analysis, the GSFL GRIM 

incorporated the two base-case shipment scenarios from the NIA. In the Existing Technologies 

base case shipment scenario, DOE assumed that in the base case customers would not migrate to 

emerging technologies. DOE also modeled an Emerging Technologies base-case shipment 

scenario. In this scenario, GSFL shipments are eroded in the base case as more customers 

purchase emerging technology rather than covered GSFL. Table V.7 and Table V.8 show total 

shipments forecasted by the NIA for the 2012 and 2042 GSFL base cases. For further 

information on the GSFL base-case shipment forecast, see chapter 10 of the TSD. 

Table V.7 GSFL Emerging Technologies Base Case Total NIA-Forecasted Shipments in 

2012 and 2042 

Product Class Total Industry 

Shipments for 2012*

Total Industry 

Shipments for 2042*

4-Foot MBP 479,177,000 490,528,000

8-Foot SP Slimline 22,448,000 6,873,000

8-Foot RDC HO 17,654,000 2,320,000

4-Foot T5 24,225,000 79,906,000

4-Foot T5 HO 23,610,000 67,857,000

*Figures rounded to the nearest thousand. 

Table V.8 GSFL Existing Technologies Base Case Total NIA-Forecasted Shipments in 

2012 and 2042 

Product Class Total Industry 

Shipments for 2012*

Total Industry 

Shipments for 2042*

4-Foot MBP 479,177,000 645,323,000

8-Foot SP Slimline 22,448,000 6,873,000

8-Foot RDC HO 17,654,000 2,320,000

4-Foot T5 24,225,000 105,863,000

4-Foot T5 HO 23,610,000 67,857,000

*Figures rounded to the nearest thousand. 

ii. IRL Base Case Shipments Forecast

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As with the GSFL GRIM, the IRL GRIM incorporated the two base-case shipment 

scenarios from the NIA for the period of 2007 to 2042 (Existing and Emerging Technologies 

base cases). Table V.9 and Table V.10 show total shipments forecasted by the NIA for the 2012 

and 2042 IRL for both base cases. The tables include the base-case shipments in 2020 because 

the impacts under the Emerging Technologies base case are most apparent in the years after the 

standard becomes effective and the differences between the base cases are easily demonstrated in 

2020. For further information on IRL base case shipment forecast, see chapter 10 of the TSD. 

Table V.9 IRL Existing Technologies Base Case Total NIA-Forecasted Shipments in 2012 

and 2042

Product Class Total Industry 

Shipments in 2012*

Total Industry 

Shipments in 2020*

Total Industry 

Shipments in 2042*

PAR38 90W 56,459,000 62,990,000 88,566,000

PAR38 75W 44,065,000 49,163,000 69,124,000

PAR30 50W 30,738,000 35,759,000 51,180,000

*Figures rounded to the nearest thousand. 

Table V.10 IRL Emerging Technologies Base Case Total NIA-Forecasted Shipments in 

2012 and 2042

Product Class Total Industry 

Shipments in 2012*

Total Industry 

Shipments in 2020*

Total Industry 

Shipments in 2042*

PAR38 90W 52,393,000 31,654,642 52,978,000

PAR38 75W 40,892,000 24,706,062 41,349,000

PAR30 50W 28,417,000 17,318,155 30,058,000

*Figures rounded to the nearest thousand. 

iii. GSFL Standards Case Shipments Forecast

All shipment forecasts in the GSFL GRIM are obtained from the GSFL NIA. 

Consequently, the GSFL GRIM included two efficacy distribution scenarios (shift and roll-up), 

and two lighting expertise scenarios (high- and market segment-based lighting expertise). For 

additional details on the various shipment scenarios, see TSD chapter 10. 

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iv. IRL Standards-Case Shipments Forecast

To characterize consumer behavior in the IRL standards-case GRIM, DOE considered the 

four shipment scenarios found in the NIA. The IRL GRIM considered two efficacy distributions 

scenarios (shift and roll-up) and two product substitution scenarios (product substitution and no 

product substitution). See chapter 10 of the TSD for additional details on the IRL standards-case 

shipment scenarios. 

v. Manufacturing Production Costs 

DOE derived manufacturing production costs by using end-user prices found in the NIA 

and discounting them using typical markups along the retail distribution chain. To calculate 

manufacturer selling prices from these end-user prices, DOE divided the medium end-user prices 

in the NIA by a typical markup for retail locations that sell the covered products. DOE 

calculated the markup for retail locations using the revenues and cost of goods sold from the 

annual reports of publicly-traded companies. To determine manufacturer production costs from 

manufacturing selling price, DOE divided manufacturing selling prices by the manufacturer 

markup. The manufacturer markup was calculated with the same publicly-available information 

used to calculate other GRIM financial inputs (e.g., industry-wide tax rate and working capital). 

Further discussion of how DOE calculated other GRIM financial inputs from publicly-available 

information is found in chapter 13 of the TSD. 

vi. Amended Energy Conservation Standards Markup Scenarios 

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In both the IRL and GSFL GRIM, DOE modeled a flat markup scenario. This scenario 

assumed that the cost of goods sold for each lamp is marked up by a flat percentage to cover 

standard SG&A expenses, R&D expenses, and profit. To derive this percentage, DOE evaluated 

publicly-available financial information for manufacturers of lighting equipment. 

For GSFL only, DOE also modeled a four-tier markup scenario. In this scenario, DOE 

assumed that the markup on lamps varies by efficacy in both the base case and the standards 

case. DOE learned from manufacturers that pricing for GSFL is typically determined on the 

basis of four product tiers, corresponding to different phosphor series. During the MIA 

interviews, manufacturers provided information on the range of typical efficacy levels in these 

four tiers and the change in profitability for each level. DOE used this information, retail prices 

derived in its product price determination, and industry average gross margins to estimate 

markups for GSFL under a four-tier pricing strategy in the base case. In the standards case, DOE 

modeled the situation in which portfolio reduction squeezes the margin of higher-efficacy 

products as they are “demoted” to lower-relative-efficacy-tier products. This scenario is in line 

with information submitted during manufacturing interviews, which responds to manufacturers’ 

concern that DOE standards could severely disrupt profitability. 

The four-tier markup scenario was not modeled for IRL because markups do not increase 

as a function of efficacy as is the case for GSFL. Thus, this scenario is not representative of the 

IRL industry. 

vii. Product and Capital Conversion Costs

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 Energy conservation standards typically cause manufacturers to incur one-time 

conversion costs to bring their production facilities and product designs into compliance with the 

amended standards. For the purpose of the MIA, DOE classified these conversion costs into two 

major groups: (1) product conversion costs; and (2) capital conversion costs. Product conversion 

expenses are one-time investments in research, development, testing, and marketing, focused on 

making product designs comply with the new energy conservation standard. Capital conversion 

expenditures are one-time investments in property, plant, and equipment to adapt or change 

existing production facilities so that new product designs can be fabricated and assembled. 

 DOE assessed the R&D expenditures manufacturers would be required to make at each 

TSL. DOE obtained financial information through manufacturer interviews and aggregated the 

results to mask any proprietary or confidential information from any one manufacturer. DOE 

considered a number of manufacturer responses for GSFL and IRL at each TSL. DOE estimated 

the total product conversion expenses by gathering manufacturer responses, then weighted these 

data by market share. 

 DOE also evaluated the level of capital conversion expenditures manufacturers would 

incur to comply with amended energy conservation standards. DOE used the manufacturer 

interviews to gather data on the level of capital investment required at each TSL. Manufacturers 

explained how different TSLs affected their ability to use existing plants, tooling, and equipment. 

From the interviews, DOE was able to estimate what portion of existing manufacturing assets 

would need to be replaced and/or reconfigured, and what additional manufacturing assets would 

be required to manufacture the higher-efficacy products. In most cases, DOE projected that the 

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proportion of existing assets that manufacturers would have to replace would increase as 

standard levels for GSFL and IRL increase. For GSFL, DOE included capital costs for the 

natural market shift from T12 to T8 lamps in the base case. For IRL, the capital conversion 

expenses manufacturers provided during interviews were based on converting their 

manufacturing equipment to meet the current volume of shipments. Since the shipments 

projected in the NIA decrease in the base cases, DOE scaled the conversion capital investments 

to account for the decline in shipments from 2008 to the year the standard becomes effective. 

DOE also consulted an independent supplier of IRL coaters to identify additional costs above 

TSL4 that would be needed for manufacturers to meet TSL5. 

The investment figures used in the GRIM can be found in section VI.B.2.a of today’s 

notice. For additional information on the estimated product conversion and capital conversion 

costs, see chapter 13 of the TSD. 

H. Employment Impact Analysis

 DOE considers employment impacts in the domestic economy as one factor in selecting a 

proposed standard. Employment impacts include direct and indirect impacts. Direct 

employment impacts are any changes in the number of employees for manufacturers of the 

appliance products that are the subject of this rulemaking, their suppliers, and related service 

firms. Indirect employment impacts are employment changes in the larger economy that occur 

due to the shift in expenditures and capital investment caused by the purchase and operation of 

more-efficient appliances. The MIA addresses the portion of direct employment impacts that 

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concern manufacturers of GSFL and IRL (see section V.G); this section addresses indirect 

impacts. 

 Indirect employment impacts from standards consist of the net jobs created or eliminated 

in the national economy, other than in the manufacturing sector being regulated, due to: (1) 

reduced spending by end users on energy (i.e., electricity); (2) reduced spending on new energy 

supply by the utility industry; (3) increased spending on the purchase price of new products; and 

(4) the effects of those three factors throughout the economy. DOE expects the net monetary 

savings from standards to be redirected to other forms of economic activity. DOE also expects 

these shifts in spending and economic activity to affect the demand for labor in the short term, as 

explained below. 

One method for assessing the possible effects on the demand for labor of such shifts in 

economic activity is to compare sectoral employment statistics developed by the Labor 

Department’s Bureau of Labor Statistics (BLS).85 BLS regularly publishes its estimates of the 

number of jobs per million dollars of economic activity in different sectors of the economy, as 

well as the jobs created elsewhere in the economy by this same economic activity. Data from 

BLS indicate that expenditures in the utility sector generally create fewer jobs (both directly and 

indirectly) than expenditures in other sectors of the economy. There are many reasons for these

differences, including differences in wages and the fact that the utility sector is more capital 

intensive and less labor intensive than other sectors. See Bureau of Economic Analysis, "A User 

 

85 Data on industry employment, hours, labor compensation, value of production, and the implicit price deflator for 

output for these industries are available upon request by calling the Division of Industry Productivity Studies (202-

691-5618) or by sending a request by e-mail to dipsweb@bls.gov. Available at: 

http://www.bls.gov/news.release/prin1.nr0.htm. 

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Handbook for the Regional Input-Output Modeling System (RIMS II)", Third Edition, 

Washington, DC, U.S. Department of Commerce, March 1997.86 

Efficiency standards have the effect of reducing consumer utility bills. Because reduced 

consumer expenditures for energy likely lead to increased expenditures in other sectors of the 

economy, the general effect of efficacy standards is to shift economic activity from a less laborintensive sector (i.e., the utility sector) to more labor-intensive sectors (e.g., the retail and 

manufacturing sectors). Thus, based on the BLS data alone, DOE believes net national 

employment will increase due to shifts in economic activity resulting from standards for GSFL 

and IRL. 

 In developing this proposed rule, DOE estimated indirect national employment impacts 

using an input/output model of the U.S. economy called “Impact of Sector Energy Technologies” 

(ImSET); ImSET is a spreadsheet model of the U.S. economy that focuses on 188 sectors most 

relevant to industrial, commercial, and residential building energy use.87 ImSET is a specialpurpose version of the “U.S. Benchmark National Input-Output (I-O) Model,” which has been 

designed to estimate the national employment and income effects of energy-saving technologies 

deployed by DOE’s Office of Energy Efficiency and Renewable Energy. Compared with 

previous versions of the model used in earlier rulemakings, this version allows for more 

complete and automated analysis of the essential features of energy efficiency investments in 

buildings, industry, transportation, and the electric power sectors. The ImSET software includes 

 

86 Available at: http://www.bea.gov/scb/pdf/regional/perinc/meth/rims2.pdf. 87 Roop, J. M., M. J. Scott, and R. W. Schultz. ImSET: Impact of Sector Energy Technologies, PNNL- 15273 

(Pacific Northwest National Laboratory)(2005). 

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a computer-based I-O model with structural coefficients to characterize economic flows among 

the 188 sectors. ImSET’s national economic I-O structure is based on the 1997 U.S. benchmark 

table (Lawson, et al., 2002),88 specially aggregated to 188 sectors. DOE estimated changes in 

expenditures using the NIA spreadsheet. Using ImSET, DOE then estimated the net national 

indirect-employment impacts on employment in the manufacturing and energy industries of the 

new efficacy standards on employment by sector. 

 While both ImSET and the direct use of BLS employment data suggest the proposed 

standards could increase the net demand for labor in the economy, the gains would most likely 

be very small relative to total national employment. Therefore, DOE concludes only that the 

proposed standards are likely to produce employment benefits that are sufficient to fully offset, 

any adverse impacts on employment in the manufacturing or energy industries related to GSFL 

and IRL. See the TSD chapter 15 

 NEMA agreed that ImSET would be the most appropriate tool to analyze employment 

impacts on a national scale. NEMA also suggested that DOE should be mindful of changes in 

production technologies and the associated flows of labor and capital across industries that could 

be needed under more-stringent efficacy standards, which would not necessarily be reflected in 

the ImSET I-O analysis.(NEMA, No. 22, p. 34) 

 In response, DOE believes that the fixed I-O matrix is generally adequate in predicting 

the range of magnitude of lighting savings. Changes in production technologies and the 

 

88 Lawson, Ann M., Kurt S. Bersani, Mahnaz Fahim-Nader, and Jiemin Guo, “Benchmark Input-Output Accounts 

of the U. S. Economy, 1997,” Survey of Current Business (Dec. 2002) 19-117. 

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associated economic flows with direct employment implications are addressed in the MIA 

chapter (chapter 13) of the TSD. DOE uses the ImSET model to address indirect employment 

effects of the standards. For more details on the employment impact analysis, see TSD chapter 

15. 

I. Utility Impact Analysis

The utility impact analysis estimates the change in the forecasted power generation 

capacity of the Nation which would be expected to result from the adoption of new efficacy 

standards. This section discusses the methodology used, the results of which can be found in 

section VI.B.6. DOE used a version of EIA’s National Energy Modeling System (NEMS) for 

this utility impact analysis. NEMS, which is available in the public domain, is a large, 

multisectoral, partial-equilibrium model of the U.S. energy sector. EIA uses NEMS to produce 

its AEO, a widely-recognized baseline energy forecast for the United States. The version of 

NEMS used for appliance standards analysis is called NEMS-BT and is primarily based on the 

AEO 2008 with minor modifications.89 The NEMS-BT offers a sophisticated picture of the 

effect of standards, since it accounts for the interactions between the various energy supply and 

demand sectors and the economy as a whole. 

 

89 The EIA approves the use of the name “NEMS” to describe only an AEO version of the model without any 

modification to code or data. Because the present analysis entails some minor code modifications and runs the 

model under various policy scenarios that deviate from AEO assumptions, the name “NEMS-BT” refers to the 

model as used here. (“BT” stands for DOE’s Building Technologies Program.) For more information on NEMS, 

refer to The National Energy Modeling System: An Overview, DOE/EIA–0581 (98) (Feb. 1998)(available at: 

http://tonto.eia.doe.gov/FTPROOT/forecasting/058198.pdf). 

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 Specifically, NEMS-BT models certain policy scenarios, such as the effect of reduced 

electricity consumption, for each trial standard level. The analysis output provides a forecast for 

the needed generation capacities at each TSL. The estimated net benefit of the standard is the 

difference between the forecasted generation capacities by NEMS-BT and the AEO2008

Reference Case. 

DOE obtained the energy savings inputs for the utility impact analysis from the NIA’s 

electricity consumption savings. These inputs reflect the effects on electricity of efficiency 

improvements due to the deployment of GSFL and IRL. Chapter 14 of the TSD accompanying 

this notice presents results of the utility impact analysis. 

 DOE received comments requesting that DOE report gas and electricity price impacts, 

and the economic benefits of reduced need for new electric power plants and infrastructure. The 

expectation is that lower electricity demand will lead to lower prices for both electricity and 

natural gas that would benefit consumers. The Joint Comment also stated that the benefits of 

reduced power plant and infrastructure costs may not be fully reflected in prices because 

consumers generally pay retail rates for electricity that are based on the average embedded cost 

of all the facilities used to serve them, rather than on marginal costs. (Joint Comment, No. 23 at 

pp. 2022) 

 DOE considered reporting gas and electricity price impacts but found that the uncertainty 

of price projections, together with the fairly small impact of the standards relative to total 

electricity demand, makes these price changes highly uncertain. As a result, DOE believes that 

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they should not be weighed heavily in the decision concerning the standard level. Given the 

current complexity of utility regulation in the United States (with significant variances among 

States), it does not seem appropriate to attempt to measure impacts on infrastructure costs and 

prices where there is likely to be significant overlap. 

J. Environmental Analysis 

 DOE has prepared a draft environmental assessment (EA) pursuant to the National 

Environmental Policy Act and the requirements of 42 U.S.C. 6295(o)(2)(B)(i)(VI) and 6316(a), 

to determine the environmental impacts of the proposed amended standards. Specifically, DOE 

estimated the reduction in power sector emissions of carbon dioxide (CO2) using the NEMS-BT 

computer model. DOE calculated a range of estimates for reduction in oxides of nitrogen (NOX) 

emissions and mercury (Hg) emissions using current power sector emission rates. However, the 

Environmental Assessment (see the Environmental Assessment report of the TSD accompanying 

this notice) does not include the estimated reduction in power sector impacts of sulfur dioxide 

(SO2), because DOE has determined that due to the presence of nationals caps on SO2 emissions 

as addressed below, any such reduction resulting from an energy conservation standard would 

not affect the overall level of SO2 emissions in the United States. 

 The NEMS-BT is run similarly to the AEO2008 NEMS, except the energy use is reduced 

by the amount of energy saved due to the TSLs. DOE obtained the inputs of national energy 

savings from the NIA spreadsheet model. For the Environmental Assessment, the output is the 

forecasted physical emissions. The net benefit of the standard is the difference between 

emissions estimated by NEMS-BT and the AEO2008 Reference Case. The NEMS-BT tracks 

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CO2 emissions using a detailed module that provides results with a broad coverage of all sectors 

and inclusion of interactive effects. 

 The Clean Air Act Amendments of 1990 set an emissions cap on SO2 for all power 

generation. The attainment of this target, however, is flexible among generators and is enforced 

through the use of emissions allowances and tradable permits. Because SO2 emissions 

allowances have value, they will almost certainly be used by generators, although not necessarily 

immediately or in the same year with and without a standard in place. In other words, with or 

without a standard, total cumulative SO2 emissions will always be at or near the ceiling, while 

there may be some timing differences between year-by-year forecast. Thus, it is unlikely that 

there will be an SO2 environmental benefit from electricity savings as long as there is 

enforcement of the emissions ceilings. 

 Although there may not be an actual reduction in SO2 emissions from electricity savings, 

there still may be an economic benefit from reduced demand for SO2 emission allowances. 

Electricity savings decrease the generation of SO2 emissions from power production, which can 

decrease the need to purchase or generate SO2 emissions allowance credits, and decrease the 

costs of complying with regulatory caps on emissions. 

 Like SO2, future emissions of NOX and Hg would have been subject to emissions caps 

under the Clean Air Interstate Act (CAIR) and Clean Air Mercury Rule (CAMR). As discussed 

later in section VI.B.6, these rules have been vacated by a Federal court. But the NEMS-BT 

model used for today’s final rule assumed that both NOX and Hg emissions would be subject to 

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CAIR and CAMR emissions caps. In the case of NOX emissions, CAIR would have 

permanently capped emissions in 28 eastern States and the District of Columbia. Because the 

NEMS-BT modeling assumed NOX emissions would be subject to CAIR, DOE established a 

range of NOX reductions based on the use of a NOX low and high emissions rates (in metric 

kilotons (kt) of NOX emitted per terawatt-hours (TWh) of electricity generated) derived from the 

AEO2008. To estimate the reduction in NOX emissions, DOE multiplied these emission rates by 

the reduction in electricity generation due to the standards considered. For mercury, because the 

emissions caps specified by CAMR would have applied to the entire country, DOE was unable to 

use NEMS-BT model to estimate the physical quantity changes in mercury emissions due to 

energy conservation standards. To estimate mercury emission reductions due to standards, DOE 

used an Hg emission rate (in metric tons of Hg per energy produced) based on AEO2008. 

Because virtually all mercury emitted from electricity generation is from coal-fired power plants, 

DOE based the emission rate on the metric tons of mercury emitted per TWh of coal-generated 

electricity. To estimate the reduction in mercury emissions, DOE multiplied the emission rate by 

the reduction in coal-generated electricity associated with standards considered. 

DOE received comments from stakeholders on the valuation of CO2 emissions savings 

that result from standards. The Joint Comment stated that by not placing an economic value on 

the benefits from reduced CO2 emissions, DOE makes it difficult to weigh these benefits in 

comparison to other benefits and costs resulting from a given standard level. Implicitly, the Joint 

Comment argued that DOE is arbitrarily valuing pollution reductions at $0. The best way to 

avoid this mistake would be to estimate an economic value for pollutant reductions. According 

to the Joint Comment, voluminous work, both from academia and the business world, exists on 

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the range of potential carbon prices under various regulatory scenarios. (Joint Comment, No. 23 

at pp. 19-20). NEMA also suggested a CBO report as a potential starting point. (NEMA, No.22 

at p. 34) DOE has made several additions to its monetization of environmental emissions 

reductions in today’s proposed rule, which are discussed in sectionVI.B.6, but has chosen to 

continue to report these benefits separately from the net benefits of energy savings. Nothing in 

EPCA, nor in the National Environmental Policy Act, requires that the economic value of 

emissions reduction be incorporated in the net present value analysis of the value of energy 

savings. Unlike energy savings, the economic value of emissions reduction is not priced in the 

marketplace. 

VI. Analytical Results 

A. Trial Standard Levels

 DOE analyzed the costs and benefits of many TSLs for the GSFL and IRL covered in 

today’s proposed rule. Table VI.2 and Table VI.4 present the TSLs and the corresponding 

product class efficiencies for GSFL and IRL. See the engineering analysis in section V.C of this 

NOPR for a more detailed discussion of the efficacy levels. 

In this section, DOE is only presenting the analytical results for the TSLs of the product 

classes that DOE analyzed directly (the “representative product classes”). DOE scaled the 

standards for these representative product classes to create standards for other product classes 

that were not directly analyzed (such as modified-spectrum lamps), as set forth in chapter 5 of 

the TSD. 

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The Joint Comment stated that DOE should use separate TSLs for GSFL and IRL. The 

Joint Comment also stated that the sets of CSLs in the ANOPR should be made into a single set 

of TSLs, without further regrouping. (Joint Comment, No. 23 at p. 18) In the NOPR, DOE has 

generally followed the methodology suggested by the Joint Comment. In this notice, DOE did 

not group GSFL with IRL. For example, each GSFL TSL reflects a set of efficacy levels across 

all products classes only within GSFL. DOE believes that this approach is appropriate because 

GSFL and IRL, though often produced by the same manufacturers, frequently serve different 

lighting applications, so energy conservation standards for one lamp type are not likely to affect 

the market or energy consumption of the other lamp type. The following sections describe the 

TSLs and corresponding efficacy levels. 

1. General Service Fluorescent Lamps

DOE developed product classes for GSFL based on the utility of the covered lamps and 

how they are used in the market. DOE observed that 4-foot medium bipin lamps constitute the 

vast majority of GSFL sales. These lamps are followed in order of unit sales by 8-foot single pin 

slimline lamps and 8-foot recessed double contact high output lamps. Because 4-foot medium 

bipin, 8-foot single pin slimline, and 8-foot recessed double contact HO lamps are the most 

common GSFL, DOE selected them as representative lamps for its analysis. Lamps with a CCT 

greater than 4,500K comprise a small share of the GSFL market. Therefore, DOE chose to 

analyze lamps with a CCT less than or equal to 4,500K. For the NOPR, DOE also chose to 

analyze 4-foot miniature bipin T5 standard output (SO) and HO lamps with a CCT less than or 

equal to 4,500K. (DOE did not analyze T5 lamps in the March 2008 ANOPR.) 

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EE-2006-STD-0131 COMMENT 31.2
The following lamps with a CCT less than 4,500K compose the five representative 

product classes: (1) 4-foot medium bipin; (2) 8-foot single pin slimline; (3) 8-foot recessed 

double contact HO lamps; (4) 4-foot miniature bipin T5 SO; and (5) 4-foot miniature bipin T5 

HO lamps. Standards for other product classes were established by scaling the standards 

developed for these representative product classes. All 12 GSFL classes are shown in Table 

VI.1. 

Table VI.1 GSFL Product Classes 

GSFL Lamp Type CCT 

4-Foot Medium Bipin 4,500K (representative) 

> 4,500K 

2-Foot U-Shaped 4,500K 

> 4,500K 

8-Foot Single Pin Slimline 4,500K (representative) 

> 4,500K 

8-Foot RDC HO 4,500K (representative) 

> 4,500K 

4-Foot T5 SO 4,500K (representative) 

> 4,500K 

4-Foot T5 HO 4,500K (representative) 

> 4,500K 

DOE developed TSLs that generally follow a trend of increasing efficacy by using 

higher-quality phosphors. The TSLs also represent a general move from higher-wattage 

technologies to lower-wattage, lower-diameter lamps with higher efficacies. Table VI.2 shows 

the TSLs for GSFL. Each TSL is generally composed of the efficacy level of the same number 

across all product classes. That is, TSL1 is composed of EL1 for all classes, TSL2 is composed 

of EL2, etc. For T5 standard output lamps, however, DOE selected EL1 for all TSLs except 

TSL5, to which DOE assigned EL2 (the maximum technologically feasible efficacy level for T5 

SO lamps). For T5 high output lamps, DOE selected EL1 for all TSLs because it is the 

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EE-2006-STD-0131 COMMENT 31.2
maximum efficacy for this lamp type. With the methodology, TSL5 represents all maximum 

technologically feasible GSFL efficacy levels for this NOPR. 

The efficacy levels for the five representative product classes are shown in Table VI.2; 

Efficiency levels for all product classes in the TSLs can be found in the NOPR TSD chapter 5. 

DOE analyzes systems that meet each efficacy level in the TSLs by pairing standard and 

reduced-wattage lamps featuring a variety of design options with appropriate magnetic or 

electronic ballasts. As discussed in the screening analysis (NOPR TSD chapter 4), DOE uses 

design options with highly emissive electrode coatings, higher efficiency lamp fill gas 

composition, higher efficiency phosphors, glass coatings, or lamp diameter to achieve higher 

efficacy levels. 

Table VI.2 Trial Standard Levels for GSFL--Efficiency Levels for the Five Representative 

GSFL Product Classes 

Representative 

Product Class 

Trial Standard Level (lm/w) 

EPCA 

Standard

* 

TSL1 TSL2 TSL3 TSL4 TSL5 

4-Foot Medium 

Bipin, CCT 

4,500K 

75.0 78 81 84 89 94 

8-Foot Single 

Pin Slimline, 

CCT 4,500K 

80.0 89 93 95 97 100 

8-Foot RDC HO, 

CCT 4,500K 

80.0 83 87 88 92 95 

4-Foot Miniature 

Bipin T5 SO, 

CCT 4,500K 

[None] 103 103 103 103 108 

4-Foot Miniature 

Bipin T5 HO, 

CCT 4,500K 

[None] 89 89 89 89 89 

* 42 U.S.C. 6295(i)(1)(B). Applies to GSFL as defined by EPCA.

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EE-2006-STD-0131 COMMENT 31.2
TSL1, which would set energy conservation standards for GSFL to EL1 for all product 

classes, would eliminate the 4-foot medium bipin T12 baselines, the 95W T12 8-foot recessed 

double contact HO baseline, and the 75W T12 8-foot single pin slimline baseline from the 

market. In the 4-foot medium bipin product class, this TSL could be met either with a 40W T12 

lamp using improved 700-series or 800-series phosphors, or with a 34W T12 lamp using a 700-

series phosphor. At this TSL, 4-foot medium bipin lamps using only halophosphors would not 

be able to meet this TSL. The 75W 8-foot single pin slimline T12 and 110W recessed double 

contact HO lamps would need to use an 800-series rare earth phosphor to meet TSL1. TSL1 also 

represents a level which would likely prevent the commercialization of T5 lamps with 

halophosphor coatings while allowing for 800-series 4-foot T5 miniature bipin and 4-foot T5 

miniature bipin HO lamps that are currently commercially available to remain on the market. 

TSL2 would set energy conservation standards for GSFL at EL2 for 4-foot MBP, 8-foot 

SP slimline, and 8-foot RDC HO lamps. The 34W T12 4-foot medium bipin lamps would likely 

be required to use 800-series rare earth phosphors to meet TSL2. For 40W T12 lamps, TSL2 is 

expected to require a premium 800-series rare earth phosphor and is the maximum TSL that a 

40W T12 would be able meet. In the 8-foot single pin slimline product class, TSL2 is expected 

to require a premium 800-series rare earth phosphor for the 75W T12 and is the maximum TSL 

that 75W T12 would likely be able to meet. This standard level would eliminate the 60W T12 

baseline and require a 700-series phosphor for this lamp. In the 8-foot recessed double contact 

HO product class, TSL2 would eliminate 110W T12 lamps and the 95W T12 baseline and would 

require rare earth 700-series phosphors for 95W T12 lamps. For T5s, TSL2 still represents the 

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EE-2006-STD-0131 COMMENT 31.2
first efficacy level, which would allow for 800-series 4-foot T5 miniature bipin and 4-foot T5 

miniature bipin HO lamps to remain on the market. 

TSL3 would set energy conservation standards for GSFL at EL3 for 4-foot MBP, 8-foot 

SP slimline, and 8-foot RDC HO lamps. In this product class, the 32W T8 baseline would be 

eliminated from the market, and to produce a TSL3-compliant 32W T8 lamp, manufacturers 

would need to use an 800-series rare earth phosphor. The 34W T12 lamps would likely require 

an improved 800-series rare earth phosphor mixture and possibly other design options, such as a 

different gas fill or increased thickness of the bulb-wall phosphor. Only reduced-wattage (34W) 

4-foot medium bipin T12 lamps are expected to meet this TSL. In the 8-foot single pin slimline 

product class, TSL3 would require the use of an 800-series 60W T12 lamp. This standard level 

is expected to eliminate all 75W T12 lamps and to require an improved 700-series phosphor for 

the 60W T12. In the 8-foot recessed double contact HO class, TSL3 requires 95W T12 lamps to 

shift to 800-series rare earth phosphors. TSL3 also represents the first efficacy level for 4-foot 

T5 miniature bipin and 4-foot T5 miniature bipin HO lamps, retaining 800-series versions of 

those lamps on the market. 

TSL4, which would set energy conservation standards for GSFL at EL4 for 4-foot MBP, 

8-foot SP slimline, and 8-foot RDC HO, would be expected to eliminate 4,100K T12 lamps from 

the marketplace. TSL4 would also be expected to raise the efficacy of all full-wattage T8 lamps 

above the baselines for the aforementioned product classes. In the 4-foot medium bipin product 

class, TSL4 could be met by improved 800-series full-wattage T8 lamps, or by 800-series 30W 

and 25W T8 lamps. For the 8-foot SP slimline product class, 59W T8 lamps would likely need 

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EE-2006-STD-0131 COMMENT 31.2
to use an 800-series rare earth phosphor to meet TSL4. TSL4, while expected to eliminate 8-foot 

T12 RDC HO lamps from the market, would require an improved 700-series mixture to be used 

in T8 lamps for this product class. TSL4 also represents the first efficacy level for 4-foot T5 

miniature bipin and 4-foot T5 miniature bipin HO lamps, retaining 800-series T5 lamps on the 

market. 

TSL5 represents the max-tech EL for all GSFL product classes. T12 lamps and 700-

series T8 lamps are expected to not be able to meet this level. In the 4-foot medium bipin and 8-

foot single pin slimline product class, T8 lamps would need to have a premium 800-series rare 

earth phosphor coating to meet TSL5. TSL5 could also be met by the 28W reduced-wattage 4-

foot medium bipin T8 lamp and the 57W and 55W reduced-wattage 8-foot single pin slimline T8 

lamps. TSL5 would require movement 800-series T8 lamps in the 8-foot recessed double 

contact HO product class. For the 4-foot T5 MiniBP SO product class, a standard-wattage 

(28W) and reduced-wattage (26W) T5 with an improved 800-series phosphor would need to be 

used in order to meet TSL5. Because DOE created only one efficacy level for the 4-foot T5 

miniature bipin HO lamps, TSL5 would set energy conservation standards for 4-foot T5 MiniBP 

HO lamps at EL1 and allow 800-series T5 HO lamps to remain on the market. For more 

information on the TSLs for GSFL, see chapter 9 of the TSD. 

2. Incandescent Reflector Lamps

As discussed in section V.C, for IRL, DOE has established five efficacy levels based on 

an equation relating efficacy (in lumens per watt) to lamp wattage. Also discussed in section 

V.C, DOE has analyzed only one representative product class and intends to scale minimum 

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EE-2006-STD-0131 COMMENT 31.2
efficacy requirements to other product classes. All IRL classes are listed in Table VI.3. As seen 

in the table, DOE only directly analyzed the standard-spectrum IRL with a diameter greater than 

or equal to 2.5 inches and voltage less than 125 volts. 

Table VI.3 IRL Product Classes 

Lamp Type Diameter Voltage 

Standard Spectrum 

> 2.5 inches  125 

< 125 (representative) 

2.5 inches  125 

< 125 

Modified 

Spectrum 

> 2.5 inches  125 

< 125 

2.5 inches  125 

< 125 

In establishing TSLs for IRL, in this NOPR, DOE analyzes five TSLs, each one 

corresponding to one efficacy level. For example, TSL1 corresponds to EL1 and TSL5 

corresponds to EL5. TSL1 could be achieved with an improved halogen lamp that uses xenon, a 

higher-efficiency inert fill gas. TSL2 could be achieved with a standard halogen infrared lamp 

with a lifetime of 6,000 hours or a halogen lamp with an improved reflector, such as silver. 

TSL3 could be met with a 3,000-hour-lifetime standard halogen infrared lamp. TSL4 could be 

met with a 4,000-hour-lifetime improved halogen infrared lamp. Improvements in the halogen 

infrared lamp may include the use of a double-ended halogen infrared burner, higher-efficiency 

inert fill gas, or more-efficient filament orientation. Finally, TSL5 could be achieved with a 

4,200-hour-lifetime halogen infrared lamp (even further improved). These further improvements 

include an improved reflector, improved IR coating, or filament design that produces higher 

temperature operation (and may reduce lifetime to 3,000 hours). 

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EE-2006-STD-0131 COMMENT 31.2
The efficacy levels for the representative analyzed product class are shown in Table VI.4 

for the TSLs to which they correspond. The efficacy levels for this representative product class 

were then scaled to create the efficacy levels for the seven other IRL product classes as described 

in section V.C.7.b of this notice. For more information on efficacy standard levels for the other 

seven product classes, see chapter 5 of the TSD. 

Table VI.4 Trial Standard Levels for IRL--Efficiency Levels for the Standard Spectrum, 

Diameter 2.5 inches, Voltage 125 IRL Product Class 

Trial Standard Level (lm/W)* 

EPCA Standard** TSL1 TSL2 TSL3 TSL4 TSL5 

10.5 (40–50 Watts) 

11.0 (51–66 Watts) 

12.5 (67–85 Watts) 

14.0 (86–115 Watts) 

14.5 (116–155 Watts) 

15.0 (156–205 Watts) 

4.6P0.27 4.8P0.27 5.5P0.27 6.2P0.27 6.9P0.27

*P is the rated wattage of the lamp. 

**42 U.S.C. 6295(i)(1)(B). Applies to IRL as defined by EPCA. 

B. Economic Justification and Energy Savings

The following section discusses the results of the analyses discussed in section IV. 

Section VI.C contains further discussion regarding DOE’s consideration of these results in the 

selection of proposed standards levels. 

1. Economic Impacts on Consumers

a. Life-Cycle Cost and Payback Period

 DOE calculated the average LCC savings relative to the baseline for each product class, 

as in the March 2008 ANOPR. 73 FR 13620, 13665 (March 13, 2008). A new standard would 

affect different lamp consumers differently, depending on the market segment to which they 

belong. DOE designs the LCC analysis around lamp purchasing events, in order to characterize 

the circumstances under which consumers need to replace a lamp. The LCC spreadsheet 

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EE-2006-STD-0131 COMMENT 31.2
calculates the LCC impacts for each lamp replacement event separately. Examining the impacts 

on each event separately allows DOE to view the results of many subgroup populations in the 

LCC analyses. 

 For the NOPR, as in the March 2008 ANOPR, DOE decided not to aggregate the results 

of the various event scenarios together into a single LCC at each efficacy level. 73 FR 13620, 

13655 (March 13, 2008). To do so would have required too many assumptions, such as the 

relative occurrence of each event over time, and the market share of each lamp in the base case 

and each standards case. DOE believes it is more appropriate to incorporate assumptions about 

consumer decisions and long-term market trends in the NIA, and leave the LCC as a direct headto-head comparison between lamp and lamp-and-ballast designs under different events. Further, 

the LCC savings results help DOE estimate consumer behavior decisions for the NIA. 

DOE recognizes that the large number of LCC and PBP results can make it difficult to 

draw conclusions about the cost-effectiveness of efficacy standards. The following discussion 

presents salient results from the LCC analysis. The LCC results are presented according to the 

lamp purchasing events that culminate in purchase of lamp-and-ballast designs. These results 

reflect a subset of all of the possible events, although they represent the most prevalent 

purchasing events.90 The analysis provides a range of LCC savings for each efficacy level. The 

range reflects the results of multiple systems (i.e., multiple lamp-ballast pairings) that consumers 

could purchase to meet an efficacy level. 

 

90 In many cases, DOE omitted events I(b) and IV in this notice, because DOE believes these lamp purchase events 

to be relatively less frequent. However, DOE did present all analyzed events in chapter 8 of the TSD. 

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EE-2006-STD-0131 COMMENT 31.2
In addition, DOE has chosen not to present detailed PBP results by efficacy level in this 

NOPR because DOE believes that LCC results are a better measure of cost-effectiveness. 

However, a full set of both LCC and PBP results for the systems DOE analyzed are available in 

chapter 8 and appendix 8B of the TSD. All the LCC results shown here were generated using 

AEO2008 reference case electricity prices and medium-range lamp and ballast prices. 

i. General Service Fluorescent Lamps

Table VI.5 through Table VI.11 present the results for the baseline lamps in each of the 

four product classes DOE analyzed (i.e., 4-foot medium bipin, 4-foot miniature bipin SO, 4-foot 

miniature bipin HO, 8-foot single pin slimline, and 8-foot recessed double contact HO). When a 

standard results in “positive LCC savings,” the life cycle cost of the standards-compliant lamp is 

less than the life cycle cost of the baseline lamp, and the consumer benefits. When a standard 

results in “negative LCC savings,” the life cycle cost of the standards-compliant lamp is higher 

than the life cycle cost of the baseline lamp, and the consumer is adversely affected. The range 

of values represents the multiple ways a consumer can meet a certain efficacy standard under 

each lamp purchasing event. For example, at EL3, a consumer retrofitting a 4-foot 34W T12 

medium bipin baseline system can either purchase a high-efficacy T12 lamp on an electronic 

ballast or a high-efficacy T8 lamp on an electronic ballast. While consumers have both choices, 

selecting a T8 system offers positive LCC savings. 

Not all baselines have suitable replacement options for every lamp purchasing event at 

every efficacy level. For instance, because DOE assumed that consumers wish to purchase 

systems or lamp replacements with a lumen output within 10 percent of their baseline system 

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EE-2006-STD-0131 COMMENT 31.2
output, in some cases, the only available replacement options produce less light than this. Thus, 

the replacement options are considered unsuitable substitutions. These cases are marked with 

“LL” (less light) in the LCC results tables below. In some cases, when consumers who currently 

own a T12 system need to replace their lamps, no T12 energy saving lamp replacements are 

available. In these cases, in order to save energy, the consumers must switch to other options, 

such as a T8 lamp and appropriate ballast. These cases are marked with “NER” (no energysaving replacement) in tables. 

Because some baseline lamps already meet higher efficacy levels (e.g., the baseline 32W 

4-foot T8 MBP lamp achieves EL2), LCC savings at the levels below the baseline are zero. In 

these cases, “BAE” (baseline above efficacy level) is listed in the tables to indicate that the 

consumer makes the same purchase decision in the standards-case as they do in the base-case. 

Also, not all lamp purchase events apply for all baseline lamps or efficacy levels. For example, 

DOE assumed that the standards-induced retrofit event does not apply to the 32W T8 system, 

because it is already the most efficacious 4-foot medium bipin GSFL system. For these events, 

an “EN/A” (event not applicable) exists in the table. Finally, because LCC savings are not 

relevant when no energy conservation standard is established, “N/A” (not applicable) exists in 

the LCC savings column for the baseline system. 

DOE is also presenting the installed prices of the lamp-and-ballast systems in order to 

compare the up-front costs that consumers must bear when purchasing baseline or standards-case 

systems. The installed price results for a lamp replacement in response to a lamp failure event 

(Event IA) only include the lamp purchase price and lamps installation costs. For 4-foot MBP, 

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EE-2006-STD-0131 COMMENT 31.2
8-foot SP slimline, and 8-foot RDC HO, at EL1 through EL3, consumers with T12 systems 

would have the option of purchasing a T12 lamp in the face of a lamp failure. At EL4 and EL5, 

because no T12 lamps are standard-compliant, consumers would not be able to proceed with a 

lamp replacement; therefore, no installed price increases are shown. 

Instead, at EL4 and EL5, consumers with T12 lamps that either fail at the beginning of 

the analysis period (Event IB: Lamp Failure, Lamp and Ballast Replacement) or fail in the 

middle of the analysis period (Event II: Standards-Induced Retrofit) would need to purchase a 

new lamp-and-ballast T8 system. In these situations, the installed price in the baseline includes 

the cost of purchasing replacement lamps, whereas the installed price at EL4 and EL5 is much 

greater, because the consumer would need to purchase and install a T8 lamp-and-ballast system. 

The ballast failure event (Event III) and the new construction/renovation event (Event IV) 

include the purchase and installation costs for lamps and a ballast for the baseline and standardscase systems. This is because the occurrences of these events require the purchase of new lamps 

and ballasts in all cases. Although in most cases standards-case lamp-and-ballast systems are 

generally more expensive than baseline lamp-and-ballast systems, in some cases (primarily for 

owners of the T12 baseline systems purchasing a T8 system instead), the standards-case lampand-ballast systems are less expensive than the baseline systems. 

Table VI.5 presents the findings of an LCC analysis on various 3-lamp 4-foot medium 

bipin GSFL systems operating in the commercial sector. The analysis period (based on the 

longest-lived baseline lamp’s lifetime) for this product class in the commercial sector is 5.5 

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EE-2006-STD-0131 COMMENT 31.2
years. As seen in the table, DOE analyzes three baseline lamps: (1) 40W T12; (2) 34W T12; and 

(3) 32W T8. 

For the 40W T12 baseline, when commercial consumers are confronted with a lamp 

failure in the base case, they purchase the 40W T12 baseline lamp as a lamp replacement on their 

magnetic T12 ballast. In general, the only energy-saving lamp replacement option for this 

system is a 34W T12 lamp. However, as seen in Table VI.5, the EL1 and EL2 34W T12 lamps 

do not produce sufficient light compared to the baseline lumen output. Therefore, for the 

purposes of the LCC analysis, DOE assumes that at these ELs, 40W T12 consumers would 

purchase the EL3 34W T12 lamp (which has sufficient lumen output) in response to a lamp 

failure, and achieve positive LCC savings. Because no T12 lamps would be standards-compliant 

at EL4 and EL5, consumers with T12 ballasts who are confronted with a lamp failure beyond 

EL3 would be forced to retrofit their ballasts and instead purchase a T8 system. The LCC 

savings and incremental costs related to this action can be seen in Table VI.5 under the standards 

induced retrofit event. At EL4 and EL5, consumers who are forced to retrofit their ballast would 

achieve positive LCC savings; however, they would also incur an incremental installed price 

(baseline installed price minus standards-case installed price) greater than $49.30 per system. In 

particular, 40W T12 consumers who retrofit would obtain the greatest LCC savings at EL4 and 

EL5 by retrofitting to an electronically-ballasted 32W T8 system. 

For the 40W T12 baseline, when commercial consumers are confronted with a ballast 

failure in the base case, they purchase the 40W T12 baseline lamps and a 0.88 ballast factor 

electronic ballast. In order to save energy with similar lumen output at EL1 and EL2, consumers 

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EE-2006-STD-0131 COMMENT 31.2
would purchase a higher-efficacy 40W T12 with a lower-BF ballast. As seen in Table VI.5, 

these choices result in negative LCC savings. However, under such a standard, 40W T12 

consumers would be able to achieve positive LCC savings under a ballast failure scenario by 

purchasing systems at EL4 and EL5. Similar to the standards-induced retrofit, at EL4 and EL5 

consumers are forced to purchase T8 systems. Those who purchase a 32W T8 lamp generally 

achieve the highest LCC savings. 

For the 34W T12 baseline, when commercial consumers are confronted with a lamp 

failure in the base case, they purchase the 34W T12 baseline lamp as a lamp replacement on their 

magnetic T12 ballast. As this is the lowest-wattage commercially-available T12 lamp, there are 

no energy-saving lamp replacement options for this system. However, as seen in Table VI.5 in 

the Event IA installed price column, consumers do have the option to purchase a higher-efficacy 

34W T12 lamps, resulting in no energy-savings and an installed price increase ranging from 

$3.69 to $13.91. For the purposes of the LCC analysis, at EL1, EL2, and EL3, DOE analyzes the 

economics of standards-retrofit, an energy-saving response available to the 34W T12 consumer 

under a lamp failure scenario. As seen in the table, some LCC savings results at EL1, EL2, and 

EL3 are negative, representing consumers retrofitting to a 34W T12 lamp on an electronic T12 

ballast or the baseline 32W T8 lamp on an electronic T8 ballast. However, under such a 

standard, consumers would also be able to achieve positive savings by purchasing EL3, EL4, and 

EL5 T8 systems with either a higher-efficacy 32W T8 lamp or other reduced-wattage lamps. 

Because no T12 lamps would be standards-compliant at EL4 and EL5, consumers with T12 

ballasts who are confronted with a lamp failure at these levels would be forced to retrofit their 

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EE-2006-STD-0131 COMMENT 31.2
ballasts and instead purchase a T8 system. The incremental installed prices associated with this 

forced retrofit are greater than $51.62 per system. 

For the 34W T12 baseline, when commercial consumers are confronted with a ballast 

failure in the base case, they purchase the 34W T12 baseline lamps and a 0.88 ballast factor 

electronic ballast. In order to save energy with similar lumen output at EL1 and EL2, consumers 

would purchase a higher-efficacy 34W T12 with a lower-BF ballast. In addition, at EL3, 

consumers may purchase a 34W T12 lamp with a lower-BF ballast as well. As seen in Table 

VI.5, these choices result in negative LCC savings. However, under such a standard, 34W T12 

consumers can achieve positive LCC savings under a ballast failure scenario by purchasing 

systems at EL4 and EL5. Similar to the standards-induced retrofit, at EL4 and EL5, consumers 

would be forced to purchase T8 systems. Those who purchase the reduced-wattage 25W and 

28W T8 lamps achieve the highest LCC savings. 

For the 32W T8 baseline, commercial consumers purchase either the 32W T8 baseline 

lamp (under lamp failure) or the 32W T8 baseline lamp and an electronic 0.88 BF ballast (under 

ballast failure). As the efficacy of this baseline lamp exceeds EL2, no LCC results or installed 

prices are presented for EL1 and EL2. In order to save energy by only replacing the lamp, the 

consumer must purchase reduced wattage lamps (these only lie at EL4 and EL5). Therefore, 

although there are no EL3 energy-saving lamp replacements, consumers may purchase EL4 and 

EL5 lamps at this standard level. At EL4, consumers who purchase 30W T8 lamps achieve 

lower LCC savings than those who purchase 25W T8 lamps. At EL5, the only reduced-wattage 

lamp replacement option (the 28W T8) achieves positive LCC savings. 

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When confronted with a ballast failure, consumers who would have purchased the 32W 

T8 baseline system, would achieve positive LCC savings at EL3 by purchasing higher-efficacy 

32W T8 lamps on a lower-BF ballast. At EL4, these consumers could obtain the greater LCC 

savings by purchasing an electronically-ballasted 25W T8 system on a 0.88 BF ballast. At EL5, 

they achieve highest savings by purchasing the 32W T8 lamp on a lower-BF ballast. 

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Table VI.5 LCC Results for a 3-Lamp Four-Foot Medium Bipin GSFL System Operating 

in the Commercial Sector Baseline Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event 

III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event 

III: 

Ballast 

Failure†

40 Watt T12 

Baseline N/A N/A N/A 13.96 13.96 65.89 

EL1 LL EN/A -7.34 to 

-5.63 LL EN/A 72.51 to 77.16 

EL2 LL EN/A -7.60 LL EN/A 77.45 

EL3 22.27 EN/A 13.08 to 

15.01 25.13 EN/A 68.21 to 

77.06 

EL4 NR 14.30 to 26.65 22.12 to 

34.47 NR 63.26 to 75.56 60.96 to 73.25 

EL5 NR 21.04 to 25.26 28.85 to 

33.08 NR 64.83 to 71.19 62.52 to 68.89 

34 Watt T12 

Baseline N/A N/A N/A 11.22 11.22 63.15 

EL1 NER -17.51 -1.72 14.91 69.15 66.84 

EL2 NER -22.56 to -3.67 -8.74 to 

10.15 21.94 59.74 to 76.18 57.43 to 73.87 

EL3 NER -22.83 to 6.09 -9.01 to 

19.91 25.13 62.84 to 79.37 60.53 to 

77.06 

EL4 NR 11.37 to 22.33 25.20 to 

36.15 NR 63.26 to 67.88 60.96 to 

65.57 

EL5 NR 15.13 to 18.22 28.95 to 

32.04 NR 63.51 to 64.83 61.20 to 62.52 

32 Watt T8 

Baseline N/A N/A N/A 11.97 11.97 57.43 

EL1 BAE EN/A BAE BAE EN/A BAE 

EL2 BAE EN/A BAE BAE EN/A BAE 

EL3 NER EN/A 9.76 NER EN/A 60.53 

EL4 4.89 to 25.99 EN/A 15.04 to 

25.99 

16.35 to 

20.11 EN/A 60.96 to 65.57 

EL5 10.69 EN/A 10.69 to 

13.65 15.74 EN/A 61.20 to 62.52 

†For 32 Watt T8 baseline, includes Event V (New Construction and Renovation). 

*Analysis period is 5.5 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; 

EN/A: Event Not Applicable; BAE: Baseline Above Efficiency Level; NR: No Replacement 

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EE-2006-STD-0131 COMMENT 31.2
As discussed in section V.D, DOE performed research on the usage of GSFL in the 

residential sector and found a number of variations from the commercial sector. In particular, 

DOE uses separate electricity prices (higher than commercial), operating hours (lower than 

commercial), discount rates (higher than commercial), and lamp lifetimes (higher than 

commercial). DOE also assumes that residential consumers of GSFL generally install their own 

lamps; thus, labor costs were modeled only for ballast replacements. DOE also uses a 40W T12 

baseline lamp that has a lower efficacy, lower price, and shorter lifetime (in hours). DOE found 

that the most common ballast in the residential sector is a low-power-factor, 2-lamp magnetic 

rapid-start T12 ballast with a ballast factor of 0.68. Therefore, DOE uses the combination of the 

magnetic T12 ballast and two 40W T12 lamps as the residential sector GSFL baseline lamp-andballast system. 

Based on DOE’s analysis, the average operating hours for GSFL in the residential sector 

are 789 hours per year, which is lower than the commercial sector average of 3,435 annual 

operating hours. This would suggest a 19-year service life for the baseline lamp, which has a 

lifetime of 15,000 hours. Based on measured-life reports, DOE uses a 15-year average ballast 

and fixture lifetime in the residential sector. Under these assumptions, lamps used under average 

residential operating hours would not fail before the fixture reached the end of its life; thus, there 

would be no lamp-only replacements, but there would be lamp-and-ballast replacements in the 

residential sector. However, with higher operating hours, lamp service life does decrease below 

15 years, resulting in a lamp failure event prior to ballast or fixture replacement. Because DOE 

believes that the lamp failure event is an important event to analyze, DOE has presented the 

residential sector LCC analysis under both average operating hours (789 hours per year) and high 

255

EE-2006-STD-0131 COMMENT 31.2
operating hours (1,210 hours per year). The high operating hours are typical of kitchens, living 

rooms, dining rooms, and outdoor spaces. 

Table VI.7 presents the LCC results for a 4-foot medium bipin system operating in the 

residential sector under average operating hours. As discussed earlier, under average operating 

hours, only the ballast failure event (Event III) applies because the ballast and fixture reach the 

end of their 15 year life before the baseline lamp (which would otherwise have a lifetime of 19 

years when operated for 789 hours per year) fails. DOE uses a 15-year analysis period, based on 

the effective service life of the lamp (limited by the fixture or ballast life). Because DOE 

assumes that the residential consumer discards the lamp when replacing a ballast or fixture, DOE 

does not assign any residual value to the remaining life of the lamp at the end of the analysis 

period. In this event, residential consumers purchase the 40W T12 baseline lamp with a 

magnetic T12 system in the base case, and an electronic or magnetic T12 system or electronic T8 

system in the standards case. 

At EL1 and EL2, although consumers may purchase an EL1 or EL2 T12 lamp with a 

magnetic ballast, none of these systems are both energy saving and produce similar lumen output 

at the baseline system. Therefore at EL1 and EL2, the only T12 systems analyzed are those 

purchased with electronic T12 ballasts. At EL1, as seen in Table VI.6, higher LCC savings 

occur for consumers purchasing 34W T12 lamps than those purchasing 40W T12 lamps. When 

purchasing at EL2, consumers have the option of either purchasing an electronically-ballasted 

T12 system or a T8 system with the lowest efficacy 32W T8 lamp. LCC savings are the least 

when a consumer purchases a higher-efficacy 40W T12 lamp with an electronic T12 ballast. 

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EE-2006-STD-0131 COMMENT 31.2
Consumers purchasing 32W T8 lamps on an electronic ballast would obtain the greatest savings 

at EL2. At EL3, in addition to the T8 and electronically-ballasted T12 purchase options, 

consumers also can obtain energy savings and similar lumen output by purchasing 34W T12 

lamps on magnetic T12 ballasts. However, as seen in the Table VI.6, this option results in the 

least savings of all ELs. Consumers achieve higher LCC savings by purchasing EL3 32W T8 

lamps with electronic ballasts. As discussed in relation to the commercial sector, EL4 and EL5 

eliminate T12 lamps from the market and require the purchasing of a T8 system. Those 

consumers who select a 32W T8 lamp on an electronic ballast obtain the least LCC savings at 

EL4, while LCC savings are greatest of all ELs when a consumer purchases an electronicallyballasted 25W T8 system. At EL5, consumers choosing a 32W T8 system obtain lower LCC 

savings than those purchasing a 28W T8 system. 

Table VI.6 LCC Results for a 2-Lamp Four-Foot Medium Bipin GSFL System Operating 

in the Residential Sector with Average Operating Hours 

Baseline Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event III: Ballast Failure* Event III: Ballast Failure 

40 Watt T12 

Baseline N/A 49.47 

EL1 5.87 to 9.24 47.22 to 54.10 

EL2 5.67 to 16.88 48.64 to 54.29 

EL3 0.27 to 16.63 50.71 to 57.95 

EL4 16.34 to 21.24 50.99 to 54.07 

EL5 17.72 to 19.66 51.16 to 52.03 

*Analysis period is 15 years. 

N/A: Not Applicable 

In addition to conducting the LCC analysis under average operating hours, DOE also 

computed residential LCC results under high operating hours (1,210 hours per year) in order to 

analyze the economic impacts of the lamp failure event (Event I). Table VI.7 presents these 

257

EE-2006-STD-0131 COMMENT 31.2
LCC and installed-price results for a 2-lamp four-foot medium bipin GSFL system under the 

lamp failure event and high operating hours. 

As seen in Table VI.7, DOE divides the residential GSFL lamp failure event into Events 

IA (Lamp Failure: Lamp Replacement) and IB (Lamp Failure: Lamp and Ballast Replacement). 

Event IA, presented also in the commercial sector analysis, models solely a lamp purchase (in 

response to lamp failure) in both the base case and standards case. 

With high operating hours, DOE calculates that the baseline lamp initially purchased with 

a ballast fails after 12.5 years. Therefore, a replacement lamp will operate for only 2.5 additional 

years before the entire lamp-and-ballast system is discarded (due to either ballast failure or 

fixture replacement). Therefore, for this high operating hour scenario’s lamp failure event 

calculation, DOE uses a 2.5 year analysis period. Similar to the average operating hour analysis, 

when a lamp-and-ballast system is discarded, DOE does not attribute any residual value to the 

remaining life of the lamp. 

Similar to the commercial analysis, the only viable energy-saving lamp replacement 

option for the 40W T12 residential system is the 34W T12 lamp at EL3. Thus, under a standard 

at either EL1 and EL2, DOE assumes, for the purpose of the LCC analysis, that consumers 

would purchase the 34W T12 lamp at EL3. DOE recognizes that not all consumers can use a 

34W T12 lamp on a residential magnetic low-power-factor ballast because not all ballasts are 

designated to operate this lamp. However, in its review of manufacturer literature, DOE 

258

EE-2006-STD-0131 COMMENT 31.2
identified several low-power-factor residential magnetic ballasts designated to operate the 34W 

T12 lamp. Therefore, DOE considers this to be a viable option for some residential consumers. 

However, as seen in Table VI.7, these consumers who purchase the EL3 34W T12 lamp 

would encounter negative LCC savings. Although more efficacious than the baseline, the 

reduced-wattage 34W T12 lamp that meets this EL does not save sufficient energy to offset its 

increased purchase price within the 2.5-year analysis period. The replacement lamp would need 

to be in service for exactly 8 years or greater in order for the energy cost savings to offset the 

increased purchase price of the higher-efficacy 34W lamp. 

Because no T12 lamps would be standards-compliant at EL4 and EL5, consumers with 

T12 ballasts who are confronted with a lamp failure at these levels are forced to retrofit their 

ballasts and instead purchase a T8 system. The LCC savings and incremental costs related to 

this action can be seen in Table VI.7 under the lamp and ballast replacement event (Event IB). 

In the commercial sector, DOE presented the standards-induced retrofit event (Event II), where 

consumers proactively (before their lamp fails) retrofit their lamp and ballast in anticipation of 

the inability to purchase a standards-compliant, equal-lumen T12 replacement lamp due to 

standards. In contrast, for the residential sector, DOE believes that consumers would replace 

their systems only when forced by a lamp failure. Thus, instead of presenting the standardsinduced retrofit event (Event II), for the residential sector, DOE models Event IB, where a 

consumer replaces a lamp-and-ballast system in direct response to a lamp failure. At EL4 and 

EL5, the available T8 system options do not save sufficient energy savings to offset the increased 

purchase price of the lamp and ballast in 2.5 years, leading to negative LCC savings. In addition 

259

EE-2006-STD-0131 COMMENT 31.2
consumers who would be forced to retrofit their ballast would incur an installed price increase 

greater than $47.01 per system. DOE requests comment on all inputs used in the LCC analysis 

for GSFL operating in the residential sector. 

Table VI.7 LCC Results for a 2-Lamp Four-Foot Medium Bipin GSFL System Operating 

in the Residential Sector with High Operating Hours 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement*

Event IB: 

Lamp and 

Ballast 

Replacement*

Event IA: 

Lamp 

Replacement 

Event IB: Lamp 

and Ballast 

Replacement 

40 Watt 

T12 

Baseline N/A N/A 3.98 3.98 

EL1 LL EN/A LL EN/A 

EL2 LL EN/A LL EN/A 

EL3 -5.42 EN/A 12.46 EN/A 

EL4 NR -4.67 to -2.78 NR 50.99 to 54.07 

EL5 NR -4.13 to -3.50 NR 51.16 to 52.03 

*Analysis period is 2.5 years. 

N/A: Not Applicable; LL: Available Options Produce Less Light; EN/A: Event Not Applicable; NR: No 

Replacement 

Table VI.8 presents the results for an electronically-ballasted 4-foot T5 miniature bipin 

standard-output, baseline system operating in the commercial sector. Table VI.9 presents the 

results for an electronically-ballasted 4-foot T5 miniature bipin high-output baseline system 

operating in the industrial sector. For the standard-output baseline, the analysis period is 5.5 

years. For the high-output baseline, the analysis period is 3.9 years. In general, positive LCC 

savings exist at all of the efficacy levels analyzed. However, negative LCC savings exist for 

Event I (Lamp Replacement) in the 4-foot T5 miniature bipin HO product class. Yet for the 4-

foot T5 miniature bipin standard-output product class, consumers selecting a reduced-wattage T5 

achieve positive LCC savings. Event II (Standards Induced Retrofit) is not shown because the 4-

foot miniature bipin product class is composed entirely of T5 lamps. For Event V, consumers 

260

EE-2006-STD-0131 COMMENT 31.2
can change the physical layout of their system to match the mean lumen output of the baseline 

system. Because the T5 baseline halophosphors have such poor lumen maintenance compared to 

the 800-series T5 lamps, LCC savings for the new construction event are high. 

Table VI.8 LCC Results for a 2-Lamp Four-Foot Miniature Bipin Standard Output GSFL 

System Operating in the Commercial Sector 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement*

Event V: New 

Construction/

Renovation* 

Event IA: 

Lamp 

Replacement 

Event V: New 

Construction/

Renovation 

28 Watt 

T5 

Baseline N/A N/A 9.39 69.20 

EL1 NER 42.84 13.15 72.96 

EL2 1.22 45.27 to 47.03 14.86 74.67 to 75.16

*Analysis period is 5.5 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement 

Table VI.9 LCC Results for a 2-Lamp Four-Foot Miniature Bipin High Output GSFL 

System Operating in the Industrial Sector 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement*

Event V: New 

Construction/

Renovation* 

Event IA: 

Lamp 

Replacement 

Event V: New 

Construction/

Renovation 

54 Watt 

T5 

Baseline N/A N/A 10.44 71.33 

EL1 -3.42 55.60 to 56.60 19.85 76.36 to 80.74

*Analysis period is 3.9 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement 

Table VI.10 presents the results for an 8-foot single-pin slimline GSFL system operating 

in the commercial sector. The analysis period is 4 years. For this product class, DOE analyzes 

three baseline lamps: (1) 75W T12; (2) 60W T12; and (3) 59W T8. 

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EE-2006-STD-0131 COMMENT 31.2
For the 75W T12 baseline, consumers confronted with a lamp failure purchase the 

baseline 75W T12 for their magnetic T12 ballast in the base case. In the face of standards, 

consumers could save energy by purchasing reduced-wattage (60W) T12 lamps as replacements. 

The only 60W T12 lamp that produces sufficient light on the baseline ballast, however, exists at 

EL3. For the purposes of the LCC analysis, DOE assumes that at standard levels EL1 and EL2, 

75W T12 consumers confronted with a lamp failure would purchase the EL3 replacement lamp. 

These consumers would achieve positive LCC savings. Note that any standard level beyond EL3 

would likely require consumers to replace their T12 lamps and ballasts with T8 systems, since no 

T12 lamp currently meets the efficacy requirements of EL4 and EL5. The LCC savings and 

installed costs associated with this action are shown in the standards induced retrofit event in 

Table VI.10. The EL4 lamp available in this event does not produce sufficient light output, so 

DOE assumes that at standard level EL4, 75W T12 consumers would retrofit to the EL5 59W T8 

and 0.88 ballast factor ballast. At EL4 and EL5, 75W T12 consumers who retrofit to the EL5 T8 

system achieve positive LCC savings while incurring an incremental installed price of $78.96 per 

system. 

 

In response to a ballast failure, 75W T12 consumers can purchase more-efficacious 75W 

T12 lamps and lower-ballast-factor ballasts at EL1 and EL2. These systems do not save enough 

energy over their lifetimes to offset their increased installed prices, however, resulting in 

negative LCC savings for consumers. The systems at EL3 and EL4 do not produce sufficient 

lumen output in comparison to the baseline system, so DOE assumes that 75W T12 consumers 

encountering ballast failures would purchase the EL5 59W T8 and 0.88 ballast factor ballast at 

standard levels EL3 and EL4. At standard levels EL4 and EL5, only T8 systems are available. It 

262

EE-2006-STD-0131 COMMENT 31.2
is possible, however, for 75W T12 consumers to achieve positive LCC savings by purchasing the 

EL5 T8 system. 

 In response to a lamp failure, consumers of 60W T12 lamps do not have access to any 

energy-saving T12 replacement lamps. At EL1, consumers could still purchase the 60W T12 

baseline lamp for their magnetic ballast. T12 lamps that do not save energy are also available at 

standard levels EL2 and EL3, with installed price increases ranging from $4.88 to $8.30. To 

save energy at EL2 and EL3, consumers of 60W T12 lamps can instead choose to retrofit to T12 

or T8 systems with electronic ballasts. 60W T12 consumers would not be able to achieve 

positive LCC savings with any of the systems available for a standards-induced retrofit at any 

EL, although they would save energy. Standard levels EL4 and EL5 also force T12 lamps from 

the market, requiring consumers to retrofit to T8 systems and incur installed price increases of at 

least $82.08. 

In response to a ballast failure, DOE assumes that 60W T12 consumers would purchase 

60W T12 lamps and 0.88 ballast factor electronic ballasts in the base case. Consumers can also 

purchase this system at standard level EL1. At standard levels EL2 and EL3, consumers could 

purchase more-efficacious 60W T12 lamps and lower-ballast-factor electronic ballasts when 

faced with a ballast failure. Consumers cannot save enough energy with these systems to 

achieve positive LCC savings, however. Instead, they can purchase the T8 systems on electronic 

ballasts available at EL4 and EL5 and achieve positive LCC savings. In the face of standard 

levels EL4 and EL5, T12 systems would be eliminated from the market. Consumers can achieve 

the greatest positive LCC savings with a 57W T8 on a 0.78 ballast factor electronic ballast at 

263

EE-2006-STD-0131 COMMENT 31.2
EL5, while consumers purchasing the 59W T8 on a 0.78 ballast factor electronic ballast at EL4 

achieve the least positive LCC savings. 

Consumers of 59W T8 lamps can purchase the baseline 59W T8 to install on an 

electronic ballast at standard levels EL1 through EL3 when faced with a lamp failure. At EL4, 

there are no energy-saving lamp replacement options, so DOE assumes that consumers of 59W 

T8 lamps would instead purchase the 57W or 55W T8 lamps that comply with EL5. Consumers 

purchasing these lamps achieve positive LCC savings and incur installed price increases ranging 

from $3.94 to $4.76. Those purchasing the 55W T8 achieve the greatest positive LCC savings. 

In response to a ballast failure, consumers of 59W T8 lamps can purchase the baseline 

59W T8 system at EL1 through EL3. The available system at EL4 is a 59W T8 lamp on a 0.85 

ballast factor electronic ballast, and consumers purchasing this system would achieve negative 

LCC savings. At EL5, 59W T8 consumers could purchase 59W, 57W, or 55W T8 systems on 

electronic ballasts and achieve positive LCC savings. Those purchasing the 55W T8 system 

would achieve the greatest positive LCC savings, while those purchasing the 57W T8 system 

would achieve the least positive LCC savings. 

Table VI.10 LCC Results for a 2-Lamp Eight-Foot Single-Pin Slimline GSFL System 

Operating in the Commercial Sector Baseline Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

264

EE-2006-STD-0131 COMMENT 31.2
Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

75 Watt T12 

Baseline N/A N/A N/A 16.16 16.16 88.94 

EL1 LL EN/A -4.59 LL EN/A 95.31 

EL2 LL EN/A -0.59 LL EN/A 97.21 

EL3 36.73 EN/A LL 19.43 EN/A LL 

EL4 NR LL LL NR LL LL 

EL5 NR 11.45 28.45 NR 95.12 92.82 

60 Watt T12 

Baseline N/A N/A N/A 11.33 11.33 84.11 

EL1 NER BAE BAE BAE BAE BAE 

EL2 NER -24.86 -2.48 16.01 91.10 88.79 

EL3 NER -24.31 to -

23.98 -1.61 19.43 89.03 to 

94.52 92.21 

EL4 NR -14.90 7.47 NR 93.41 91.10 

EL5 NR -14.02 to -

12.26 8.35 to 10.12 NR 93.79 to 95.12 

91.48 to 

92.82 

59 Watt T8 

Baseline N/A EN/A N/A 12.74 EN/A 86.72 

EL1 BAE EN/A BAE BAE EN/A BAE 

EL2 BAE EN/A BAE BAE EN/A BAE 

EL3 BAE EN/A BAE BAE EN/A BAE 

EL4 NER EN/A -0.24 NER EN/A 91.10 

EL5 6.48 to 10.42 EN/A 8.15 to 10.42 16.68 to 

17.50 EN/A 90.67 to 

92.82 

†For 59-Watt T8 baseline, includes Event V (New Construction and Renovation). 

*Analysis period is 4 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; EN/A: Event 

Not Applicable; BAE: Baseline Above Efficiency Level; NR: No Replacement 

Table VI.11 shows LCC results for an 8-foot recessed double-contact GSFL system 

operating in the industrial sector. The analysis period for this product class is 2.3 years. DOE 

analyzes 110W T12 and 95W T12 baseline lamps on magnetic ballasts. 

265

EE-2006-STD-0131 COMMENT 31.2
Consumers who own 110W T12 lamps and are faced with a lamp failure would be 

expected to purchase 110W T12 baseline lamps for their magnetic ballast in the base case. The 

available replacement lamps at EL1 and EL2 do not produce sufficient light output in 

comparison to the baseline system, so DOE assumes that 110W T12 consumers would purchase 

the reduced-wattage (95W) T12 lamp options at EL3 when faced with standard levels EL1 and 

EL2. Consumers could achieve positive LCC savings with these lamps while incurring installed 

price increases of $12.64 or $13.27. Standard levels EL4 and EL5 eliminate T12 lamps from the 

market, requiring consumers to retrofit their systems to T8 systems in the face of a lamp failure. 

The available T8 system at EL4 does not produce sufficient light in comparison with the baseline 

system, so DOE assumes that at EL4, consumers would instead purchase the 86W T8 system and 

0.88 ballast factor electronic ballast at EL5. 110W T12 consumers purchasing this system could 

achieve positive LCC savings while incurring an installed price increase of $106.75. 

In the face of a ballast failure, 110W T12 consumers would be expected to purchase the 

110W T12 baseline lamp and a 0.95 ballast factor magnetic ballast in the base case. Consumers 

who own 110W T12 systems can purchase replacement systems that comply with EL1, EL3, or 

EL5 and achieve positive LCC savings. The available systems at EL2 and EL4 do not produce 

sufficient light, so DOE assumes that in the face of standard levels EL2 or EL4, consumers 

would purchase systems meeting higher standard levels. At EL1, 110W T12 consumers could 

purchase a 110W T12 lamp on an electronic ballast but would achieve the least positive LCC 

savings. At EL3, consumers could purchase reduced-wattage (95W) T12 lamps on a magnetic 

ballast or on an electronic ballast. Consumers could achieve the most positive LCC savings of 

266

EE-2006-STD-0131 COMMENT 31.2
any EL by purchasing the 86W T8 system available at EL5. Standard levels EL4 and EL5 would 

eliminate T12 systems from the market, making the 86W T8 system the only available option. 

When faced with a lamp failure, consumers of the 95W T12 baseline lamp would be 

expected to purchase the 95W T12 baseline for their magnetic ballast in the base case. This lamp 

also complies with EL1. None of the lamps available at EL1 through EL3, when in combination 

with the magnetic ballast save energy as compared to the baseline system. However, consumers 

can purchase these lamps and incur installed price increases ranging from $6.14 to $19.09. 

Consumers of the 95W T12 baseline lamp could instead retrofit their systems to save energy. 

The EL1 system available for retrofit does not produce sufficient light output, and consumers 

could not achieve positive LCC savings with any of the system options available for retrofit at 

EL2 through EL5. Furthermore, standard levels EL4 and EL5 would eliminate T12 lamps from 

the market, thereby forcing consumers of the 95W T12 baseline lamp to retrofit to T8 systems 

when faced with a lamp failure and incur installed price increases ranging from $109.35 to 

$112.57. 

When faced with a ballast failure, consumers of 95W T12 lamps could purchase a 95W 

T12 baseline lamp on a magnetic ballast in the base case. Consumers purchasing a higher 

efficacy 95WT12 at EL2 on an electronic ballast achieve positive LCC savings. However, 

consumers purchasing these systems at EL3, would not achieve positive LCC savings. EL4 and 

EL5 would likely eliminate T12 systems from the market, making the EL4 and EL5 86W T8 

system the only available option for consumers faced with a ballast failure. Those who purchase 

the 86W T8 system at EL4 or EL5 can achieve positive LCC savings. 

267

EE-2006-STD-0131 COMMENT 31.2
Table VI.11 LCC Results for a 2-Lamp Eight-Foot Recessed Double-Contact High Output 

GSFL System Operating in the Industrial Sector 

Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event I: 

Lamp 

Replacement

* 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement)

* 

Event III: 

Ballast 

Failure* 

Event I: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure 

110 Watt T12 

Baseline N/A N/A N/A 19.74 19.74 97.60 

EL1 LL EN/A 6.01 LL EN/A 113.23 

EL2 LL EN/A LL LL EN/A LL 

EL3 7.05 to 7.67 EN/A 7.05 to 16.07 32.38 to 

33.01 EN/A 110.24 to 114.96 

EL4 NR LL LL NR LL LL 

EL5 NR 5.13 42.23 NR 126.49 124.19 

95 Watt T12 

Baseline N/A N/A N/A 13.92 13.92 91.77 

EL1 NER LL LL BAE LL LL 

EL2 NER -28.71 5.47 20.06 104.32 102.01 

EL3 NER -39.07 to -

38.44 -4.89 to -4.27 32.38 to 33.01 

116.64 to 

117.27 

114.33 to 

114.96 

EL4 NR -16.04 to -

12.88 

18.13 to 

21.30 NR 123.27 to 123.60 

120.96 to 

121.29 

EL5 NR -12.70 21.47 NR 126.49 124.19 

*Analysis period is 2.3 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; EN/A: Event 

Not Applicable; NR: No Replacement 

ii. Incandescent Reflector Lamps

Table VI.12 shows the commercial and residential sector LCC results for IRL. The 

results are based on the reference case AEO2008 electricity price forecast and medium-range 

lamp prices. The analysis period is 3.4 years for the residential sector and 0.9 years for the 

commercial sector. DOE assessed three efficacy levels for the March 2008 ANOPR. 73 FR 

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EE-2006-STD-0131 COMMENT 31.2
13620, 13666-13667 (March 13, 2008). For the NOPR, DOE added two additional efficacy 

levels -- one below the lowest EL considered in the March 2008 ANOPR, and one above the 

highest EL considered in the March 2008 ANOPR See the engineering analysis in chapter 5 of 

the TSD or section V.C.4.b of this notice for details. 

The majority of efficacy levels result in positive LCC savings in spite of the higher 

installed prices of the standards-case lamps in comparison with the baseline lamps. In general, 

the higher lumen package lamps (i.e., those replacing the 90W baseline lamp) achieve higher 

LCC savings that the lower lumen package lamps (i.e., those replacing the 75W and 50W 

baselines). This is due the larger energy savings, and, thus, operating cost savings associated 

with higher-wattage lamps. At EL1, in all but the residential 90W PAR38 baseline, consumers 

would achieve negative LCC savings when purchasing the improved halogen lamp. The 

improved halogen lamp at this efficacy level would not save enough energy to recover its 

increased initial cost from the baseline lamp. Maximum LCC savings would be achieved at EL5 

for the 90W and 75W baselines when a consumer purchases an improved HIR lamp. For the 

50W baseline, both the EL4 and EL5 replacement lamps are 40W, as this is the lowest-wattage 

IRL covered by standards. Therefore, EL4, consuming the same amount of energy and with a 

lower lamp price, would have higher LCC savings than EL5. In general, the lamps with the 

highest LCC savings are more efficacious and have longer lifetimes than the baseline lamps. 

Table VI.12 LCC Results for Incandescent Reflector Lamps 

269

EE-2006-STD-0131 COMMENT 31.2
Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event I: Lamp Replacement/ Event V: New Construction and 

Renovation 

Commercial* Residential** Commercial Residential 

90 Watt 

PAR38 

Baseline N/A N/A 6.20 5.13 

EL1 -0.03 0.12 7.14 6.07 

EL2 3.81 to 6.04 3.06 to 4.68 7.58 to 7.76 6.52 to 6.70 

EL3 6.19 5.55 7.76 6.70 

EL4 8.14 7.09 9.08 8.02 

EL5 9.41 8.76 9.65 8.59 

75 Watt 

PAR38 

Baseline N/A N/A 6.20 5.13 

EL1 -0.31 -0.18 7.14 6.07 

EL2 3.24 to 5.67 2.46 to 4.30 7.58 to 7.76 6.52 to 6.70 

EL3 4.77 4.07 7.76 6.70 

EL4 7.00 5.90 9.08 8.02 

EL5 7.50 6.77 9.65 8.59 

50 Watt 

PAR30 

Baseline N/A N/A 5.59 4.53 

EL1 -0.31 -0.28 6.53 5.46 

EL2 0.04 to 2.72 0.10 to 2.21 6.98 to 7.15 5.92 to 6.09 

EL3 0.77 0.87 7.15 6.09 

EL4 1.95 1.62 8.47 7.41 

EL5 1.51 1.49 9.04 7.98 

*Analysis period is 0.9 years. 

**Analysis period is 3.4 years. 

b. Consumer Subgroup Analysis

 Certain consumer subgroups may be disproportionately affected by standards. In the 

March 2008 ANOPR, DOE requested comment on which consumer subgroups should be 

considered as well as methods of analyzing those subgroups. 73 FR 13620, 13682 (March 13, 

2008). In response to comments it received, DOE performed LCC subgroup analyses in this 

NOPR for low-income consumers, institutions of religious worship, and institutions that serve 

low-income populations. See section V.F of this NOPR for a review of the inputs to the LCC 

analysis. The following discussion presents the most significant results from the LCC subgroup 

analysis. 

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EE-2006-STD-0131 COMMENT 31.2
All of the LCC results shown here were generated using AEO2008 reference case 

electricity prices. In addition, DOE presents subgroup results using medium-range lamp and 

ballast prices, as DOE believes that these prices represent average prices for the consumer 

subgroups as well. As in the primary LCC analysis, not all baselines and lamp purchase events 

have suitable replacement options at every efficacy level. See the primary LCC analysis results 

in section VI.B.1.a of this NOPR for more details on this analysis, as well as the TSD chapter 12 

for a full set of LCC and PBP results for the subgroup analysis. 

i. Low-Income Households

DOE conducted the low-income consumer subgroup analysis based on the 4-foot MBP 

40W baseline operating in the residential sector and IRL operating in the residential sector. The 

low-income consumer subgroup analysis is identical to the residential average consumer LCC 

analysis, except that it includes slightly lower electricity prices, which DOE determined using 

data in the 2001 RECS. In comparing this subgroup’s LCC results to the primary results 

presented in Table VI.5, Table VI.6, and Table VI.12, positive primary LCC savings results 

remained positive and negative primary LCC savings results remained negative. In general, 

LCC savings for GSFL and IRL are approximately 1 to 2 percent lower for low-income 

residential consumers than they are for the average consumer in the residential sector. 

ii. Institutions of Religious Worship

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EE-2006-STD-0131 COMMENT 31.2
DOE found that institutions of religious worship have the lowest operating hours of any 

non-mall commercial building. Specifically, operating hours were 1,705 hours per year for 

GSFL (vs. the commercial sector average of 3,435 hours per year) and 1,609 hours per year for 

IRL (vs. the commercial sector average of 3,450 hours per year). The LCC analysis for this 

subgroup is identical to the main commercial sector LCC analysis except for the lower operating 

hours, resulting in an analysis period of 11 years for 4-foot GSFL, 8 years for 8-foot GSFL, and 

1.9 years for IRL. Results are shown in Table VI.13 through Table VI.16 of this notice. 

Institutions of religious worship experience lower LCC savings than the rest of the 

commercial sector, particularly for standards-induced retrofit events. This is because the longer 

analysis period (due to lower operating hours) causes operating cost savings and residual values 

to be discounted more heavily than in the primary commercial LCC analysis. In general, LCC 

savings that were positive for the 4-foot medium bipin product class in the primary commercial 

sector analysis remain positive for institutions of religious worship. For example, in Event II, 

LCC savings for institutions of religious worship are approximately $17 lower than savings for 

the rest of the commercial sector for the 40W T12 baseline. However, LCC savings for the 

standards-induced retrofit event for the 34W T12 baseline lamp and 40W T12 baseline lamp are 

negative for certain T8 systems at EL4 and EL5. 

In the 4-foot T5 miniature bipin product class, LCC savings for institutions of religious 

worship are several dollars lower than savings for the rest of the commercial sector. This is also 

true for the 8-foot single-pin slimline product class except for the standards-induced retrofit 

event, where LCC savings for such institutions are approximately $20 lower than savings for the 

272

EE-2006-STD-0131 COMMENT 31.2
rest of the commercial sector. DOE notes that the standards-induced retrofit of a 75W T12 

system at EL5 is not cost-effective for religious institutions. 

 For IRL, LCC savings for institutions of religious worship are generally lower by several 

cents compared to the rest of the commercial sector due to the longer analysis period. LCC 

savings are slightly higher, however, at EL1 for the 90W and 75W PAR38 baselines. 

273

EE-2006-STD-0131 COMMENT 31.2
Table VI.13 LCC Subgroup Results for a 3-Lamp Four-Foot Medium Bipin GSFL System 

Operating in Institutions of Religious Worship 

Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement*

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

40 Watt T12 

Baseline N/A N/A N/A 13.96 13.96 65.89 

EL1 LL EN/A -8.34 to -5.79 LL EN/A 72.51 to 

77.16 

EL2 LL EN/A -8.62 LL EN/A 77.45 

EL3 16.43 EN/A 10.35 to 

10.49 25.13 EN/A 68.21 to 77.06 

EL4 NR -2.17 to 9.71 17.84 to 

29.71 NR 63.26 to 75.56 

60.96 to 

73.25 

EL5 NR 4.02 to 8.27 24.03 to 

28.27 NR 64.83 to 71.19 

62.52 to 

68.89 

34 Watt T12 

Baseline N/A N/A N/A 11.22 11.22 63.15 

EL1 NER -28.33 -2.04 14.91 69.15 66.84 

EL2 NER -33.71 to -

14.90 -9.07 to 9.74 21.94 59.74 to 76.18 

57.43 to 

73.87 

EL3 NER -34.85 to -7.25 -10.17 to 

17.39 25.13 62.84 to 79.37 

60.53 to 

77.06 

EL4 NR -3.13 to 4.96 21.51 to 

29.60 NR 63.26 to 67.88 

60.96 to 

65.57 

EL5 NR -0.27 to 3.24 24.37 to 

27.88 NR 63.51 to 64.83 

61.20 to 

62.52 

32 Watt T8 

Baseline N/A N/A N/A 11.97 11.97 57.43 

EL1 BAE EN/A BAE BAE EN/A BAE 

EL2 BAE EN/A BAE BAE EN/A BAE 

EL3 LL EN/A 7.64 LL EN/A 60.53 

EL4 3.37 to 19.86 EN/A 11.77 to 

19.86 

16.35 to 

20.11 EN/A 60.96 to 65.57 

EL5 8.77 EN/A 8.77 to 10.33 15.74 EN/A 61.20 to 

62.52 

†For 32-Watt T8 baseline, includes Event V (New Construction and Renovation). 

*Analysis period is 11 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; EN/A: Event 

Not Applicable; BAE: Baseline Above Efficiency Level; NR: No Replacement 

274

EE-2006-STD-0131 COMMENT 31.2
Table VI.14 LCC Subgroup Results for a 2-Lamp Four-Foot T5 Miniature Bipin GSFL 

Systems Operating in Institutions of Religious Worship 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event V: New 

Construction/ 

Renovation* 

Event IA: 

Lamp 

Replacement 

Event V: New 

Construction/ 

Renovation 

28 Watt 

T5 

Baseline N/A N/A 9.39 69.20 

EL1 NER 38.73 13.15 72.96 

EL2 -0.08 39.74 to 42.31 14.86 74.67 to 75.16 

*Analysis period is 11 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement 

Table VI.15 LCC Subgroup Results for a 2-lamp Eight-Foot Single-Pin Slimline GSFL 

System Operating in Institutions of Religious Worship Baseline Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

75 Watt T12 

Baseline N/A N/A N/A 16.16 16.16 88.94 

EL1 LL EN/A -4.93 LL EN/A 95.31 

EL2 LL EN/A -1.28 LL EN/A 97.21 

EL3 31.83 EN/A LL 19.43 EN/A LL 

EL4 NR LL LL NR LL LL 

EL5 NR -6.68 24.20 NR 95.12 92.82 

60 Watt T12 

Baseline N/A N/A N/A 11.33 11.33 84.11 

EL1 NER BAE BAE BAE BAE BAE 

EL2 NER -37.81 -2.85 16.01 91.10 88.79 

EL3 NER -37.19 to -

36.83 -2.23 19.43 89.03 to 94.52 92.21 

EL4 NR -29.22 5.75 NR 93.41 91.10 

EL5 NR -28.95 to -

27.42 6.01 to 7.54 NR 93.79 to 95.12 

91.48 to 

92.82 

59 Watt 

T8 

Baseline N/A EN/A N/A 12.74 EN/A 86.72 

EL1 BAE EN/A BAE BAE EN/A BAE 

EL2 BAE EN/A BAE BAE EN/A BAE 

275

EE-2006-STD-0131 COMMENT 31.2
Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

EL3 BAE EN/A BAE BAE EN/A BAE 

EL4 LL EN/A -0.78 LL EN/A 91.10 

EL5 4.56 to 8.30 EN/A 6.01 to 8.30 16.68 to 

17.50 EN/A 90.67 to 92.82 

†For 59-Watt T8 baseline, includes Event V (New Construction and Renovation). 

*Analysis period is 8 years. 

N/A: Not applicable; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; EN/A: Event 

Not Applicable; BAE: Baseline Above Efficiency Level; NR: No Replacement 

Table VI.16 LCC Subgroup Results for Incandescent Reflector Lamps Operating in 

Institutions of Religious Worship 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event I: Lamp Replacement/ Event V: New 

Construction and Renovation * 

90 Watt PAR38 

Baseline N/A 6.20 

EL1 0.00 7.14 

EL2 2.97 to 5.14 7.58 to 7.76 

EL3 5.21 7.76 

EL4 6.87 9.08 

EL5 8.28 9.65 

75 Watt PAR38 

Baseline N/A 6.20 

EL1 -0.26 7.14 

EL2 2.43 to 4.79 7.58 to 7.76 

EL3 3.87 7.76 

EL4 5.80 9.08 

EL5 6.48 9.65 

50 Watt PAR30 

Baseline N/A 5.59 

EL1 -0.35 6.53 

EL2 -0.04 to 2.55 6.98 to 7.15 

EL3 0.64 7.15 

EL4 1.58 8.47 

EL5 1.37 9.04 

*Analysis period is 1.9 years. 

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EE-2006-STD-0131 COMMENT 31.2
iii. Institutions That Serve Low-Income Populations

Table VI.17 through Table VI.20 show the LCC subgroup results for institutions that 

serve low-income populations. DOE assumed that the majority of these institutions are small 

nonprofits; thus, DOE used a higher discount rate of 10.8 percent (versus the 7.0-percent 

discount rate for the primary commercial sector analysis). All other factors of the LCC subgroup 

analysis remained the same as in the primary commercial sector analysis. As a result of the 

higher discount rate, LCC savings are lower for institutions that serve low-income populations 

than for the rest of the commercial sector. For Events I and III for all analyzed GSFL product 

classes, savings are several dollars lower than for the rest of the commercial sector. For Event II 

for GSFL, LCC savings are approximately $10 lower than for the rest of the commercial sector. 

For IRL, LCC savings are several cents lower than for the rest of the commercial sector. 

Although LCC savings are lower, positive primary LCC results remained positive for this 

subgroup, while negative primary LCC results remained negative. 

277

EE-2006-STD-0131 COMMENT 31.2
Table VI.17 LCC Subgroup Results for a 3-Lamp Four-Foot Medium Bipin GSFL System 

Operating in Institutions That Serve Low-Income Populations 

Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure 

40 Watt T12 

Baseline N/A N/A N/A 13.96 13.96 65.89 

EL1 LL EN/A -7.99 to -5.73 LL EN/A 72.51 to 

77.16 

EL2 LL EN/A -8.26 LL EN/A 77.45 

EL3 18.66 EN/A 11.49 to 

12.12 25.13 EN/A 68.21 to 77.06 

EL4 NR 4.49 to 16.57 19.49 to 

31.57 NR 63.26 to 75.56 60.96 to 73.25 

EL5 NR 10.12 to 15.15 25.12 to 

30.15 NR 64.83 to 71.19 62.52 to 68.89 

34 Watt T12 

Baseline N/A N/A N/A 11.22 11.22 63.15 

EL1 NER -23.97 -1.91 14.91 69.15 66.84 

EL2 NER -29.23 to -

10.34 -8.94 to 9.94 21.94 59.74 to 76.18 57.43 to 

73.87 

EL3 NER -30.05 to -1.88 -9.76 to 

18.41 25.13 62.84 to 79.37 60.53 to 77.06 

EL4 NR 2.67 to 11.81 22.96 to 

32.09 NR 63.26 to 67.88 60.96 to 65.57 

EL5 NR 5.87 to 8.48 26.16 to 

28.76 NR 63.51 to 64.83 61.20 to 62.52 

32 Watt T8 

Baseline N/A N/A N/A 11.97 11.97 57.43 

EL1 BAE EN/A BAE BAE EN/A BAE 

EL2 BAE EN/A BAE BAE EN/A BAE 

EL3 LL EN/A 8.46 LL EN/A 60.53 

EL4 3.96 to 22.15 EN/A 13.01 to 

22.15 

16.35 to 

20.11 EN/A 60.96 to 65.57 

EL5 8.74 EN/A 8.74 to 11.59 15.74 EN/A 61.20 to 

62.52 

†For 32-Watt T8 baseline, includes Event V (New Construction and Renovation). 

*Analysis period is 5.5 years. 

N/A: No Replacement; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; EN/A: Event 

Not Applicable; BAE: Baseline Above Efficiency Level; NR: No Replacement 

278

EE-2006-STD-0131 COMMENT 31.2
Table VI.18 LCC Subgroup Results for a 2-Lamp Four-Foot Miniature Bipin GSFL 

System Operating in Institutions That Serve Low-Income Populations 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: Lamp 

Replacement* 

Events V: New 

Construction/ 

Renovation* 

Event IA: Lamp 

Replacement 

Events V: New 

Construction/ 

Renovation 

28 Watt 

T5 

Baseline N/A N/A 9.39 69.20 

EL1 NER 40.41 13.15 72.96 

EL2 0.37 41.91 to 44.24 14.86 74.67 to 75.16 

*Analysis period is 5.5 years. 

N/A: Not Applicable; NER: No Energy-Saving Replacement 

Table VI.19 LCC Subgroup Results for a 2-Lamp Eight-Foot Single-Pin Slimline GSFL 

System Operating in Institutions That Serve Low-Income Populations 

Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

75 Watt T12 

Baseline N/A N/A N/A 16.16 16.16 88.94 

EL1 LL EN/A -4.81 LL EN/A 95.31 

EL2 LL EN/A -0.97 LL EN/A 97.21 

EL3 33.78 EN/A LL 19.43 EN/A LL 

EL4 NR LL LL NR LL LL 

EL5 NR 1.57 25.94 NR 95.12 92.82 

60 Watt T12 

Baseline N/A N/A N/A 11.33 11.33 84.11 

EL1 NER BAE BAE BAE BAE BAE 

EL2 NER -31.84 -2.72 16.01 91.10 88.79 

EL3 NER -31.08 to -

30.98 -1.96 19.43 89.03 to 94.52 92.21 

EL4 NR -22.67 6.45 NR 93.41 91.10 

EL5 NR -22.13 to -

20.54 7.00 to 8.59 NR 93.79 to 95.12 91.48 to 92.82 

59 Watt T8 

Baseline N/A EN/A N/A 12.74 EN/A 86.72 

EL1 BAE EN/A BAE BAE EN/A BAE 

EL2 BAE EN/A BAE BAE EN/A BAE 

EL3 BAE EN/A BAE BAE EN/A BAE 

279

EE-2006-STD-0131 COMMENT 31.2
Baseline 

Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IA: 

Lamp 

Replacement* 

Event II: 

StandardsInduced 

Retrofit (Lamp 

and Ballast 

Replacement)*

Event III: 

Ballast 

Failure*†

Event IA: 

Lamp 

Replacement 

Event II: 

StandardsInduced 

Retrofit 

(Lamp and 

Ballast 

Replacement) 

Event III: 

Ballast 

Failure†

EL4 LL EN/A -0.57 LL EN/A 91.10 

EL5 5.32 to 9.16 EN/A 6.86 to 9.16 16.68 to 17.50 EN/A 90.67 to 

92.82 

†For 59-Watt T8 baseline, includes Event V (New Construction and Renovation). 

*Analysis period is 4 years. 

N/A: Not applicable; NER: No Energy-Saving Replacement; LL: Available Options Produce Less Light; EN/A: Event Not 

Applicable; BAE: Baseline Above Efficiency Level; NR: No Replacement 

Table VI.20 LCC Subgroup Results for Incandescent Reflector Lamps Operating in 

Institutions That Serve Low-Income Populations 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event I: Lamp Replacement/ Event V: New 

Construction and Renovation * 

90 Watt PAR38 

Baseline N/A 6.20 

EL1 -0.09 7.14 

EL2 3.84 to 6.00 7.58 to 7.76 

EL3 6.14 7.76 

EL4 7.97 9.08 

EL5 9.18 9.65 

75 Watt PAR38 

Baseline N/A 6.20 

EL1 -0.37 7.14 

EL2 3.29 to 5.64 7.58 to 7.76 

EL3 4.76 7.76 

EL4 6.87 9.08 

EL5 7.34 9.65 

50 Watt PAR30 

Baseline N/A 5.59 

EL1 -0.33 6.53 

EL2 -0.01 to 2.57 6.98 to 7.15 

EL3 0.69 7.15 

EL4 1.78 8.47 

EL5 1.34 9.04 

*Analysis period is 0.9 years. 

iv. Historical Facilities

280

EE-2006-STD-0131 COMMENT 31.2
DOE found that historical facilities have similar operating hours, discount rates, and 

electricity prices as the typical consumer, although they do own more T12 systems. 

Accordingly, for this subgroup, no separate findings are warranted. See section VI.B.1.a.i of this 

notice to view the impacts on those consumers with T12 lamps. 

v. Consumers of T12 electronic ballasts

Table VI.21 through Table VI.24 show the LCC subgroup results for consumers of T12 

electronic ballasts. Specifically, DOE analyzed the LCC savings of a consumer that owns a T12 

electronic system in the base case. In the case of an energy conservation standard at EL4 or EL5, 

this consumer would need to purchase a T8 electronic system, as T12 lamps would no longer 

available. DOE established a new baseline electronic T12 system and modified standards case 

systems so that both of the following conditions are met: (1) light output is maintained in the 

case of a standard; and (2) energy is saved. All other factors of the LCC subgroup analysis 

remained the same as in the primary analysis. Because electronic T12 systems are much more 

efficient than magnetic T12 systems, the LCC savings for this subgroup are lower than the LCC 

savings for systems in the primary analysis. For 4-foot medium bipin lamps operating in the 

commercial sector, LCC savings are reduced by approximately $20 to $30, going from positive 

LCC savings in the primary analysis to negative LCC savings for this subgroup. The source of 

this reduction is primarily due to the increased efficacy of the baseline system. 

Table VI.21 LCC Subgroup Results for a 3-lamp Four-foot Electronic Medium Bipin 

GSFL System Operating in the Commercial Sector 

281

EE-2006-STD-0131 COMMENT 31.2
Baseline Efficiency 

Level 

LCC Savings* 

2007$ 

Installed Price 

2007$ 

Event II: Standards-Induced Retrofit (Lamp & Ballast 

Replacement) 

40 Watt T12 

Baseline N/A 13.96 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 -16.72 to -4.37 63.26 to 75.56 

EL5 -9.98 to -5.76 64.83 to 71.19 

34 Watt T12 

Baseline N/A 11.22 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 -12.38 to -1.43 63.26 to 67.88 

EL5 -8.63 to -5.53 63.51 to 64.83 

*Analysis period is 5.5 years. 

EN/A: Event Not Applicable; N/A: Not Applicable 

For 4-foot medium bipin lamps operating in the residential sector, LCC savings, already 

negative in the primary analysis, become slightly more negative for this subgroup. The change 

in the savings is not as large in the residential sector as in the commercial sector because 

consumers for this event have a shortened analysis period. 

Table VI.22 LCC Subgroup Results for a 2-lamp Four-foot Electronic Medium Bipin 

GSFL System Operating in the Residential Sector Using High Operating Hours 

Baseline Efficiency Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event IB: Lamp & Ballast Replacement 

40 Watt T12 

Baseline N/A 3.98 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 -8.35 to -6.45 50.99 to 54.07 

EL5 -7.80 to -7.18 51.16 to 52.03 

*Analysis period is 2.5 years. 

EN/A: Event Not Applicable; N/A: Not Applicable

282

EE-2006-STD-0131 COMMENT 31.2
For 8-foot single pin slimline lamps, LCC savings are reduced by approximately $18 to 

$25. For the 75W T12 baseline, consumers experience negative LCC savings for this subgroup 

as opposed to the positive LCC savings experienced by consumers in the primary analysis. For 

the 60W T12 baseline, LCC savings, already negative in the primary analysis, become more 

negative for this subgroup. The source of this reduction is primarily due to the increased 

efficacy of the baseline system. 

Table VI.23 LCC Subgroup Results for a 2-lamp Eight-foot Electronic Single-Pin Slimline 

GSFL System Operating in the Commercial Sector 

Baseline Efficiency Level 

LCC Savings* 

2007$ 

Installed Price 

2007$ 

Event II: Standards-Induced Retrofit (Lamp & 

Ballast Replacement) 

75 Watt T12 

Baseline N/A 16.16 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 LL 93.41 

EL5 -14.18 95.12 

60 Watt T12 

Baseline N/A 11.33 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 -32.74 93.41 

EL5 -31.86 to -30.09 93.79 to 95.12 

*Analysis period is 4.0 years. 

EN/A: Event Not Applicable; N/A: Not Applicable 

For 8-foot recessed double contact high output lamps, LCC savings are reduced by 

approximately $10 to $15. For the 110W T12 baseline, consumers experience negative LCC 

savings for this subgroup as opposed to the positive LCC savings experienced by consumers in 

283

EE-2006-STD-0131 COMMENT 31.2
the primary analysis. For the 95W T12 baseline, LCC savings, already negative in the primary 

analysis, become more negative. The source of this reduction is again primarily due to the 

increased efficacy of the baseline system. 

Table VI.24 LCC Subgroup Results for a 2-Lamp Eight-foot Electronic Recessed DoubleContact High Output GSFL System Operating in the Industrial Sector 

Baseline Efficiency 

Level 

LCC Savings 

2007$ 

Installed Price 

2007$ 

Event II: Standards-Induced Retrofit (Lamp & 

Ballast Replacement) 

110 Watt T12 

Baseline N/A 19.74 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 LL 123.27 to 123.60 

EL5 -10.09 126.49 

95 Watt T12 

Baseline N/A 13.92 

EL1 EN/A EN/A 

EL2 EN/A EN/A 

EL3 EN/A EN/A 

EL4 -26.41 to -23.25 123.27 to 123.60 

EL5 -23.07 126.49 

*Analysis period is 2.3 years. 

EN/A: Event Not Applicable; N/A: Not Applicable

2. Economic Impacts on Manufacturers

 DOE used the INPV in the MIA to compare the financial impacts of different TSLs on 

GSFL and IRL manufacturers. The INPV is the sum of all net cash flows discounted by the 

industry’s cost of capital (discount rate). DOE used the GRIMs to compare the INPV of the base 

case (no amended energy conservation standards) to that of each TSL for the GSFL and IRL 

industries. To evaluate the range of cash-flow impacts on the industries, DOE constructed 

284

EE-2006-STD-0131 COMMENT 31.2
different scenarios for each industry using different assumptions for markups and shipments that 

correspond to the range of anticipated market responses. Each scenario results in a unique set of 

cash flows and corresponding industry value at each TSL. These steps allowed DOE to compare 

the potential impacts on industries as a function of TSLs in the GRIMs. The difference in INPV 

between the base case and the standards case is an estimate of the economic impacts that 

implementing that standard level would have on the entire industry. 

a. Industry Cash-Flow Analysis Results

i. General Service Fluorescent Lamps

To assess the lower end of the range of potential impacts for the GSFL industry, DOE 

considered the flat markup scenario under the Existing Technologies base case, shipments with 

high lighting expertise, and a shift in efficacy distributions. Besides the impact of shipments on 

the INPV, this case assumed that manufacturers would be able to maintain gross margins as a 

percentage of revenues as production cost increases with efficacy. To assess the higher end of 

the range of potential impacts for the GSFL industry, DOE considered the scenario reflecting the 

four-tier markup scenario under the Emerging Technologies base case, shipments with marketbased lighting expertise, and a rollup in efficacy distributions. Besides the impact of shipments 

on the INPV, this case assumed standards would reduce manufacturers’ portfolio, thereby 

squeezing the margin of higher-efficacy products as they are “demoted” to lower-relativeefficacy tier products. Table VI.25 and Table VI.26 show the low end and high end of the range 

of MIA results, respectively, for each TSL using the cases described above. 

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Table VI.25 Manufacturer Impact Analysis for GSFL with the Flat Markup Scenario 

Under the Existing Technologies Base Case – High Lighting Expertise – Shift in Efficiency 

Distributions 

 Units Base 

Case 

Trial Standard Level 

1 2 3 4 5 

INPV (2007$ 

millions) 602 652 653 673 594 616 

Change in INPV 

(2007$ 

millions) - 49 50 71 -9 13 

(%) - 8.18% 8.31% 11.78% -1.48% 2.21% 

Amended 

Energy 

Conservation 

Standards 

Product 

Conversion 

Expenses 

(2007$ 

millions) - 3.3 8.8 8.8 11.6 29.6 

Amended 

Energy 

Conservation 

Standards 

Capital 

Conversion 

Expenses 

(2007$ 

millions) - 38.5 60.5 104.5 181.5 181.5 

Total 

Investment 

Required 

(2007$ 

millions) - 41.8 69.3 113.3 193.1 211.1 

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Table VI.26 Manufacturer Impact Analysis for GSFL with the Four-Tier Markup 

Scenario Under the Emerging Technologies Base Case – Market Segment Lighting 

Expertise – Rollup in Efficiency Distributions 

 Units Base 

Case

Trial Standard Level 

1 2 3 4 5 

INPV (2007$ 

millions) 575 668 638 436 380 312 

Change in 

INPV 

(2007$ 

millions) - 93 63 -139 -195 -263 

(%) - 16.09% 11.02% -24.15% -33.96% -45.80% 

Amended 

Energy 

Conservation 

Standards 

Product 

Conversion 

Expenses 

(2007$ 

millions) - 3.3 8.8 8.8 11.6 29.6 

Amended 

Energy 

Conservation 

Standards 

Capital 

Conversion 

Expenses 

(2007$ 

millions) - 38.5 60.5 104.5 181.5 181.5 

Total 

Investment 

Required 

(2007$ 

millions) - 41.8 69.3 113.3 193.1 211.1 

For the GSFL MIA, margin impacts are the most significant driver of INPV. The 

potential margin impacts on manufacturers are based on their ability to maintain higher margins 

as standards remove efficacy as a differentiator of premium products. The potential for 

standards to disrupt the premium margins for efficacy is captured in the higher-bound and lowerbound scenarios DOE presents. The lower-bound scenario represents the situation where 

manufacturers maintain their current “good, better, best” marketing strategy by basing higher 

margins on features other than efficacy or coming up with more-efficient products. The large 

impacts on industry value in the upper-bound scenario are caused by higher standards disrupting 

manufacturers’ current marketing strategy. In this scenario, manufactures cannot maintain 

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higher margins when efficacy is lost as a differentiator and higher standards lower profitability. 

Other drivers of INPV are less significant because: (1) the capital costs required at each TSL are 

relatively small compared to the industry revenue; and (2) shipments do not substantially change 

regardless of the scenario. 

DOE estimated the impacts on INPV at TSL1 to range from $49 million to $93 million, 

equal to a 8.2 percent to 16.1 percent increase. At this level, the highest impact on cash flow in 

the year leading up to the standards occurs under the Emerging Technologies base case. Under 

this scenario, industry cash flow decreases by approximately 37 percent, to $32 million, 

compared to the base-case value of $50 million in the year leading up to the standards. Product 

conversion costs are low at TSL1 because manufacturers have existing products that meet the 

efficacy levels. Capital conversion costs are also low at this TSL because a minimal amount of 

T12 machinery needs to be converted to meet the growing volume of T8 production induced by 

standards. The necessary conversion costs to meet TSL1 are low relative to the conversion costs 

for the natural market migration from T12 to T8 lamps in the base case, which helps to mitigate 

the impact of the standards-induced conversion costs. The positive INPV predicted in the flat 

markup scenario is indicative that product conversion and capital conversion outlays are also low 

relative to the increase in variable production costs. Whereas GSFL production is capital 

intensive, the capital requirements are a function primarily of the tube diameter. Efficiency 

standards which do not require a change in diameter will typically require a change in phosphors 

which is not capital intensive. Under the tiered markup scenario, manufacturers are left with a 

range of products after standards, so they still earn higher markups on a wide variety of premium 

products. In fact, the products eliminated at TSL1 are commodity products which have a lower288

EE-2006-STD-0131 COMMENT 31.2
than-average profit margin. Thus, industry revenues and cash flows are not negatively affected, 

and manufacturers actually benefit from the higher prices of remaining products. 

At TSL2, DOE estimated the impacts in INPV at TSL2 to range from $50 million to $63 

million, equal to a 8.3 percent to 11.0 percent increase. At this level, the highest impact on cash 

flow in the year leading up to the standards occurs under the Emerging Technologies base case. 

Under this scenario, industry cash flow decreases by approximately 60 percent, to $20 million, 

compared to the base-case value of $50 million in the year leading up to the standards. Product 

conversion costs are still relatively low at TSL2, because few manufacturers will have to have to 

modify exiting products to meet this standard level. Capital conversion costs are also low at this 

TSL, but the investments required to meet TSL2 are larger than TSL1, because more T12 

machinery needs to be converted to meet the growing volume of T8 production induced by 

standards. INPV is less positive at TSL2 than at TSL1, because the higher conversion costs 

necessary to meet TSL2 lower the mitigating impact of the conversion costs for the natural 

market migration from T12 to T8 lamps included in the base case. At TSL2, more of the mostefficient, higher-priced T12 lamps are shifting to less-expensive T8 lamps. INPV in the four-tier 

markup scenario is also not as positive, because manufacturers have fewer premium products and 

the profit margins on some more-efficient T12 products begin to shrink. While TSL2 eliminates 

some of the premium T12 lamps, the T8 lamps to which consumers must migrate still earn a 

higher markup. 

At TSL3, the impact on INPV and cash flow depends heavily on the ability of 

manufacturers to differentiate products and maintain higher margins as standards move 

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consumers to previously premium products. DOE estimated that the impacts on INPV at TSL3 

range from approximately $71 million to -$139 million, equal to a 11.8 percent to -24.2 percent 

change. At this level, the highest impact on cash flow in the year leading up to the standards 

occurs under the Emerging Technologies base case. Under this scenario, industry cash flow 

decreases by approximately 100 percent, to $0 million, compared to the base-case value of $50 

million in the year leading up to the standards. At TSL3, most manufacturers expressed 

concerns about the ability to maintain production volumes of T12 and T8 lamps, because all but 

the most efficient T12 lamps are eliminated. Because a large portion of existing T12 shipments 

migrate to T8, manufacturers have to convert or replace a significant portion of their T12 

production lines to T8, making capital conversion costs higher at TSL3 than at TSL1 or TSL2. 

Conversion costs are also higher at TSL3, because manufacturers have to make more R&D 

expenditures to offer a full line of T12 and T8 products that meet the standard. Because TSL3 

greatly accelerates the migration of T12 to T8 products, the conversion costs in the base case 

have a minimal effect on offsetting INPV impacts from high standards-induced conversion costs 

at TSL3 and all higher TSLs. If manufacturers can pass along the increased production costs of 

more-efficient products by differentiating the products with features such as low mercury content 

and longer life, they can recoup margins, thereby mitigating some of the impacts. If 

manufacturers can fully differentiate their products and earn the same profit margins as in the 

base case (the lower range of impacts), they will benefit from higher prices and INPV will be 

positive at this TSL. However, if manufacturers cannot differentiate their products and the 

margins on previously premium products begin to erode with commoditization, DOE expects 

manufacturer margins to be negative and the higher end of the range of negative INPV will be 

reached. 

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EE-2006-STD-0131 COMMENT 31.2
At TSL4, DOE estimated the impacts on INPV range from approximately -$9 million to -

$195 million, equal to a -1.5 percent to -34.0 percent change. At this level, the highest impact on 

cash flow in the year leading up to the standards occurs under the Emerging Technologies base 

case. Under this scenario, industry cash flow decreases by approximately 171 percent, to -$36 

million, compared to the base-case value of $50 million in the year leading up to the standards. 

At TSL4, there are significant conversion capital expenditures because all T12 production lines 

need to be converted to T8 lines; the capital requirement for this conversion is nearly double the 

amount needed at TSL3. The large capital costs make INPV negative even if manufacturers 

maintain the margin on all lamps, as in the base case. Also, manufacturers expressed concern 

that the highest-grade phosphor mixtures would be necessary on most lamps to meet efficiencies 

prescribed by TSL4. The more-efficient phosphor blends substantially increase lamp costs, 

decreasing profitability if the cost increases cannot be passed on to consumers. That is, at TSL4, 

more T8 lamps that previously earned a premium are commoditized because the standard 

eliminates all T12 lamps from the market, thereby squeezing margins on all lamps and causing 

more negative impacts in the four-tier markup scenario. 

At TSL5, DOE estimated that the impacts on INPV range from approximately $13 

million to -$263 million, equal to a 2.2 percent to -45.8 percent change. At this level, the highest 

impact on cash flow in the year leading up to the standards occurs under the Emerging 

Technologies base case. Under this scenario, industry cash flow decreases by approximately 183 

percent, to -$42 million, compared to the base-case value of $50 million in the year leading up to 

the standards. At TSL5, the necessary conversion capital is identical to TSL4 because this TSL 

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EE-2006-STD-0131 COMMENT 31.2
also requires manufacturers to convert all existing T12 production to T8 production. These large 

costs make INPV negative even if manufacturers pass along all production cost increases to the 

consumer. At TSL5, all products are commoditized because all lamps must use the most 

efficient phosphor coatings. There are few options available for manufacturers to differentiate 

lamps at TSL5, thereby making it more likely that manufacturers will be negatively affected. 

Based on interviews with manufacturers, DOE understands that manufacturers are 

constantly forced to revise their marketing strategies as new products are introduced and older 

products become commoditized. DOE also understands that higher efficacy is not the only 

feature available to differentiate premium products. Lifetime, lower mercury content, and 

removing lead are all features that also differentiate products. Therefore, DOE believes that after 

significant early disruptions in pricing, over time the industry will recover the profitability levels 

that existed prior to standards as manufacturers rebalance their product mix. The net effect on 

INPV is uncertain but should tend toward the midpoint of the two GRIM scenarios. DOE seeks 

comment on the ability of manufacturers to maintain these margins through the differentiation of 

products by other means. DOE also seeks comment on how the ability to differentiate products 

might vary over time. 

 

ii. Incandescent Reflector Lamps

 During the manufacturer interviews DOE learned that for IRL lamps, markups do not 

increase as a function of efficacy (in contrast to GSFL). Instead, manufacturers indicated that 

the range of potential impacts would depend on the magnitude of the capital investments 

required and the expected reduction in product sales. Thus, DOE modeled manufacturing 

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EE-2006-STD-0131 COMMENT 31.2
impacts using all IRL shipments scenarios described in sections V.G.4.b.ii and V.G.4.b.iv. To 

assess the lower end of the range of potential impacts for the IRL industry, DOE considered the 

Existing Technologies base case reflecting the no product substitution scenario with a shift in 

efficacy distributions. In this scenario: (1) manufacturers benefit from higher prices from 

consumers switching to more-efficient products on their own (the shift scenario); (2) IRL basecase shipments are not eroded due to emerging technologies; and (3) standards-case shipments 

do not decrease due to substitutions of R-CFL and exempted BR lamps for IRL. To assess the 

higher end of the range of potential impacts for the IRL industry, DOE considered the Emerging 

Technologies base case reflecting the product substitution scenario with a rollup in efficacy 

distributions. In this scenario: (1) IRL base-case shipments are eroded due to emerging 

technologies; and (2) standards-case shipments decrease due to substitutions of R-CFL and 

exempted BR lamps for IRL. Table VI.27 and Table VI.28 show the MIA results for each TSL 

for IRL under the shipment scenarios which result in the highest and lowest INPV impacts. 

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EE-2006-STD-0131 COMMENT 31.2
Table VI.27 Manufacturer Impact Analysis for IRL Under the Existing Technologies Base 

Case - No Product Substitution Scenario - Shift in Efficiency Distribution 

 Units Base 

Case

Trial Standard Level 

1 2 3 4 5 

INPV (2007$ 

millions) 267 263 215 205 190 185 

Change in 

INPV 

(2007$ 

millions) - (4) (52) (62) (77) (82) 

(%) - -1.55% -19.36% -23.06% -28.85% -30.85% 

Amended 

Energy 

Conservation 

Standards 

Product 

Conversion 

Expenses 

(2007$ 

millions) - $3 $3 $2 $3 $7 

Amended 

Energy 

Conservation 

Standards 

Capital 

Conversion 

Expenses 

(2007$ 

millions) - $31 $83 $134 $166 $185 

Total 

Investment 

Required 

(2007$ 

millions) - $35 $87 $136 $170 $192 

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EE-2006-STD-0131 COMMENT 31.2
Table VI.28 Manufacturer Impact Analysis for IRL Under the Emerging Technologies 

Base Case – Product Substitution – Roll-Up in Efficiency Distributions 

 Units Base 

Case

Trial Standard Level 

1 2 3 4 5 

INPV (2007$ 

millions) 207 191 149 131 112 104 

Change in 

INPV 

(2007$ 

millions) - (16) (58) (76) (94) (103) 

(%) - -7.69% -27.87% -36.85% -45.60% -49.60% 

Amended 

Energy 

Conservation 

Standards 

Product 

Conversion 

Expenses 

(2007$ 

millions) - $3 $3 $2 $3 $7 

Amended 

Energy 

Conservation 

Standards 

Capital 

Conversion 

Expenses 

(2007$ 

millions) - $31 $83 $134 $166 $185 

Total 

Investment 

Required 

(2007$ 

millions) - $35 $87 $136 $170 $192 

To meet TSL1, manufacturers must replace less-efficient fill gases in the capsule with 

xenon. At TSL1, DOE estimated the impacts on INPV to be between -$4 million and -$16 

million, or a change in INPV of between -1.6 percent and -7.7 percent. At this level, the highest 

impact on cash flow in the year leading up to the standards occurs under the Emerging 

Technologies base case. Under this scenario, the industry cash flow decreases by approximately 

68 percent, to $7.1 million, compared to the base case value of $22.5 million in the year leading 

up to the standards. All manufacturers have a full range of products that meet this TSL. 

Conversion expenses are relatively low at this level because using xenon does not require 

substantial changes to the manufacturing process. Because the lifetimes of standards-compliant 

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EE-2006-STD-0131 COMMENT 31.2
lamps do not change at TSL1, shipments in the standards cases are not further impacted by lower 

shipments due to higher lamp lifetimes. In fact, at this TSL, manufacturers benefit from the 

increased prices of standards-compliant lamps. However, this positive impact on revenues is not 

enough to overcome the product and capital conversion expenses, making overall INPV 

negative. The greater impact on shipments in the Emerging Technologies base case with product 

substitution drives INPV more negative. 

TSL2 is based on a 6,000 hour HIR lamp, but this level may also be achieved using an 

improved reflector. At TSL2, the impact on INPV and cash flow depends on a manufacturer’s 

ability to recoup the conversion capital and product conversion expenses and the extent to which 

shipments are reduced in the base case due to emerging technologies and in the standards case 

due to changes in the product mix (including lamp lifetime). DOE estimated the impacts in 

INPV at TSL2 to be between -$52 million and -$58 million or a change in INPV of -19.4 percent 

and -27.9 percent. At this level, the highest impact on cash flow in the year leading up to the 

standards occurs under the Emerging Technologies base case. Under this scenario, the industry 

cash flow decreases by approximately 172 percent, to -$16.2 million, compared to the base-case 

value of $22.5 million in the year leading up to the standards. At TSL2, there are negative 

impacts on manufacturers due to decreased shipments and significant product conversion 

expenses. At this TSL, conversion expenses vary greatly among manufacturers but are 

significant in the aggregate due to the need to increase production of HIR lamps or invest in 

improved reflector technology. Two manufacturers have a complete line of standards-compliant 

lamps but must spend a considerable amount of resources to expand production of a low-volume, 

premium product for mass production. Another manufacturer must spend a significant amount 

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EE-2006-STD-0131 COMMENT 31.2
of capital to purchase the machinery to meet demand with exclusively higher technology 

(infrared) lamps in addition to replacing krypton with xenon as fill gas in the capsule. The 

shipment scenarios chosen account for the range in INPV. Shipments have a significant impact 

on INPV at this TSL in all cases because the products that meet this standard have the longest 

lifetimes in the standards cases, further decreasing shipments relative to the base cases. Some 

manufacturers have expressed concerns about competitive impacts at this TSL. One 

manufacturer has a patent on silverized reflectors. Another manufacturer is believed to have a 

cross license on the technology. Despite the large capital expense to expand this reflector 

technology for all baseline lamps to meet this TSL, both these manufacturers could capture 

market share by selling less-expensive lamps based on improved reflector coating instead of HIR 

technology. The other manufacturer without access to the enhanced reflectors would have to 

make large expenditures on capital and product conversion to produce lamps with a comparable 

efficacy, but at higher costs. 

TSL3 is based on 3,000-hour HIR technology. DOE estimated the impacts on INPV at 

TSL3 to be between -$62 million and -$76 million, or a change in INPV of between -23.1 

percent and -36.9 percent. At this level, the highest impact on cash flow in the year leading up to 

the standards occurs under the Emerging Technologies base case. Under this scenario, the 

industry cash flow decreases by approximately 272 percent, to -$38.6 million, compared to the 

base-case value of $22.5 million in the year leading up to the standards. There are significant 

capital conversion costs at this TSL that make INPV negative. Manufacturers must purchase 

additional infrared coaters to increase the production of these low-volume lamps. Since current 

HIR production is very small relative to standard halogen IRL, all manufacturers voiced their 

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concerns about meeting demand at this level. Also, since all existing HIR capsules use xenon as 

the fill gas, manufactures are concerned about the high material costs for this gas and the 

potential for the price to increase over time. The high costs to convert all lamps to HIR 

technology drive INPV negative and strand existing equipment for standard halogen capsules. 

The range of INPV arises from the shipment scenarios that account for different market erosion 

due to emerging technology and standards inducing a switch to non-covered BR lamps and RCFL. If manufacturer concerns about consumers switching to exempted BR and R-CFL are 

realized in addition to emerging technology eroding the IRL market, then the higher end of the 

range of negative INPV will be reached. 

TSL4 requires the production of an improved HIR lamp. At TSL4, DOE estimated the 

impacts in INPV to be between -$77 million and -$94 million, or a change in INPV of -28.9 

percent and -45.6 percent. At this level, the highest impact on cash flow in the year leading up to 

the standards occurs under the Emerging Technologies base case. Under this scenario, the 

industry cash flow decreases by approximately 338 percent, to -$53.6 million, compared to the 

base-case value of $22.5 million in the year leading up to the standards. The significant capital 

and product conversion expenses at this TSL make INPV negative. At this TSL, all 

manufacturers must expand production of the more-efficient HIR technology to meet demand of 

the entire market. Since current HIR production is relatively low, these substantial costs make 

INPV negative. The capital conversion expenses are large because, in addition to HIR 

technology, manufacturers must also use enhanced reflectors or the most efficient burners and 

add xenon. Also, since all existing HIR capsules use xenon as the fill gas, manufactures are 

concerned about the high material costs for this gas and the potential for the price to increase 

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EE-2006-STD-0131 COMMENT 31.2
over time. The lifetimes of products that meet this TSL are longer than the baseline, creating a 

negative impact on INPV from shipments regardless of the shipment scenario selected. 

Manufacturers also voiced concerns about competition at TSL4. Because lamps can use an 

enhanced reflector with HIR to meet TSL4, manufacturers have the same competitive concerns 

as at TSL2. Finally, two manufacturers currently have a full line of lamps that meet TSL4. A 

third manufacturer has some products, but would have to undertake a costly redesign of its 

burners in order to sell a full line of those lamps. 

TSL5 requires the production of lamps with an improved HIR coating and an additional 

improvement. At TSL5, DOE estimated the impacts in INPV to be between -$82 million and -

$103 million, or a change in INPV of between -30.9 percent and – 49.6 percent. At this level, 

the highest impact on cash flow in the year leading up to the standards occurs under the 

Emerging Technologies base case. Under this scenario, the industry cash flow decreases by 

approximately 381 percent, to -$63.1 million, compared to the base-case value of $22.5 million 

in the year leading up to the standards. The impacts at TSL5 are the most severe for 

manufacturers, because the capital and product conversion expenses are greatest at this TSL. At 

this TSL, all manufacturers must expand production of a lamp with multiple improvements over 

standard HIR lamps. Manufacturers must use HIR technology with an improved coating and 

with either enhanced reflectors or more-efficient burners. Since even standard HIR production is 

currently low compared to standard halogen, expanding the production of the most-efficient HIR 

technology to meet demand of the entire market is very costly. Due to the large conversion 

costs, INPV is greatly negative even if the market is not eroded by emerging technology and 

customers do not substitute R-CFL and exempted BR lamps for IRL. If manufacturers concerns 

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EE-2006-STD-0131 COMMENT 31.2
about emerging technology and substitutions for IRL are realized, DOE expects the higher range 

of negative impacts to be reached (a 49.6 percent decrease in INPV). 

 

b. Cumulative Regulatory Burden

While any one regulation may not impose a significant burden on manufacturers, DOE 

understands the combined effects of several existing and impending regulations may have 

serious consequences for some manufacturers, groups of manufacturers, or an entire industry. 

Assessing the impact of a single regulation may overlook this cumulative regulatory burden. For 

this reason, DOE conducts an analysis of cumulative regulatory burden as part of its rulemakings 

pertaining to appliance efficiency. 

In its written comment, NEMA submitted a list of regulatory requirements that included 

numerous reporting requirements, the Restriction on Hazardous Substances directive (RoHS), 

and legislatively-prescribed minimum performance requirements that contribute to the 

industries’ cumulative regulatory burden (NEMA, No. 22 at p 34). DOE discusses the suggested 

regulatory provisions submitted by NEMA in chapter 13 of the TSD. 

In addition to the energy conservation standards on GSFL and IRL products, other 

regulations can significantly affect manufacturers’ financial operations. Multiple regulations 

affecting the same manufacturer can quickly strain profits and possibly cause an exit from the 

market. Besides the list of suggested regulatory provisions that NEMA submitted, DOE also 

identified other regulations these manufacturers are facing for other products and equipment they 

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EE-2006-STD-0131 COMMENT 31.2
manufacture within three years prior to and three years after the effective date of the amended 

energy conservation standards for GSFL and IRL. 

DOE believes that the EISA 2007 requirements for GSIL could have the greatest 

cumulative burden on manufacturers of GSFL and IRL. DOE understands that manufacturers of 

GSFL and IRL will also incur large capital and product conversion investments to comply with 

the GSIL minimum efficacy standards. The GSIL investments will compete with IRL and GSFL 

for company resources. For example, GSFL, IRL, and GSIL all share many of the same limited 

engineering resources. In addition, the capital costs to comply with EISA 2007 could potentially 

limit the funding available for GSFL and IRL conversions because these investments will 

compete for the same sources of capital. DOE understands that these are important but 

surmountable challenges for GSFL and IRL manufacturers. 

c. Impacts on Employment

To assess the impacts of energy conservation standards on GSFL and IRL direct 

manufacturing employment, DOE used the GRIM to estimate domestic labor expenditures and 

employment levels. DOE used statistical data from the U.S. Census Bureau’s 2006 Annual 

Survey of Manufacturers (2006 ASM), results from other analyses, and interviews with 

manufacturers to estimate the inputs necessary to calculate industry-wide labor expenditures and 

employment levels. In the GRIM, total labor expenditures are a function of the labor content, the 

sales volume, and the wage rate which remains fixed in real terms over time. The total 

employment figures presented for the GSFL and IRL industries include both production and nonproduction workers. 

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EE-2006-STD-0131 COMMENT 31.2
DOE does not believe that standards will alter the domestic employment levels of the 

GSFL industry. During interviews with manufacturers, DOE learned that GSFL are produced on 

high-speed, fully-automated lines. Production workers are not involved in the physical assembly 

of the final product (e.g., in inserting components, transferring partly assembled lamps, soldering 

lamp bases). The production workers counted in DOE’s figure include plant workers involved in 

clearing glass, overseeing a portion of the assembly line, monitoring quality control, mixing 

phosphors, and moving finished products to loading. The employment levels required for these 

tasks are a function of the total volume of the facility, not the labor content of the product mix 

produced by the plant. Since higher TSLs involve using more-efficient phosphors, employment 

will not be impacted because standards will not change the overall scale of the facility. DOE 

estimates that there are approximately 1,806 U.S. production and non-production workers in the 

GSFL industry. 

Table VI.29 and Table VI.30 show the domestic employment impacts calculated in the 

GRIM for the two cash flow scenarios used to bound the range of INPV impacts. The total 

employment figures include both production and non-production workers. 

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Table VI.29 Change in Average Number of Domestic Employees in the IRL Industry 

Under the Existing Technologies Base Case – No Product Substitution Scenario – Shift in 

Efficiency Distribution 

 Baseline TSL1 TSL2 TSL3 TSL4 TSL5

Average Number of 

Domestic IRL Employees 

from 2012 – 2042 

1,319 1,518 1,303 1,492 1,396 1,426 

Change in the Average 

Number of Domestic IRL 

Employees from 2012 – 

2042 

- 199 -16 173 77 107 

Table VI.30 Change in Average Number of Domestic Employees in the IRL Industry 

Under the Emerging Technologies Base Case –Product Substitution Scenario – Roll-up in 

Efficiency Distribution 

 Baseline TSL1 TSL2 TSL3 TSL4 TSL5

Average Number of 

Domestic IRL Employees 

from 2012 – 2042 

699 783 623 724 617 621 

Change in the Average 

Number of Domestic IRL 

Employees from 2012 – 

2042 

- 84 -77 24 -82 -78 

DOE believes that amended energy conservation standards will not significantly impact 

IRL direct employment. The impact that new standards will have on employment is far less 

significant than the potential impact from emerging technologies. Both scenarios show that the 

absolute magnitudes of employment impacts due to standards are small. Whether standards have 

a positive or negative impact on employment is largely determined by the extent to which 

consumers elect to substitute IRL with other lamp technologies (such as R-CFL or exempted 

IRL) in the standards case. 

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The employment impacts calculated by DOE are independent of the employment impacts 

from the broader U.S. economy, which are documented in chapter 15 of the TSD accompanying 

this notice. The employment conclusions also do not account for the possible relocation of 

domestic jobs to lower-labor-cost countries because the potential relocation of U.S. jobs is 

uncertain and highly speculative. During interviews, manufacturers did not emphasize the risk 

of shifting production facilities abroad. 

d. Impacts on Manufacturing Capacity 

DOE anticipates that amended energy conservation standards would not significantly 

affect the production capacity of GSFL manufacturers. For GSFL manufacturers, any necessary 

redesign of GSFL would not change the fundamental assembly of the equipment because higher 

TSLs require the use of more-efficient phosphor coatings, which are largely a materials issue. 

Therefore, in the long-term there should be no capacity constraints. However, higher standards 

would also be expected to expedite a natural conversion of T12 shipments to T8 shipments. 

Because most production lines are specific to lamp diameter, shifting production from T12 to T8 

lamps requires shutting down the line and retooling. Based on the duration of line changes 

described by manufactures, DOE believes that the conversion of machinery to T8 lamp 

production could occur between the announcement date and the effective date of the standards. 

In addition, manufacturers indicated it is possible to ramp up production before shutting down a 

line to maintain a constant supply of shipments during retooling. 

Manufacturers are concerned that IRL standards could cause capacity constraints if 

amended standards were to alter the assembly of standard halogen burners. In particular, IRL 

manufacturers are concerned about the ability to convert their equipment in time to meet an 

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exclusively HIR standard (TSL3, TSL4, and TSL5). Although all manufacturers DOE 

interviewed produce lamps with infrared burners, the current volume of these lamps is many 

times lower than the volume of standard halogen lamps. In addition, the production of infrared 

capsules is much more time consuming, requiring additional time for the coating process and 

quality control due to the precision necessary for the technology to increase efficacy. In general, 

the large lamp manufacturers are concerned about their ability to increase the production volume 

of HIR capsules in time to meet the standard. However, interviews with suppliers of HIR 

capsules and coating decks suggest that the capacity could be met under an HIR standard. Based 

on discussions with suppliers of infrared coaters, DOE also believes that lamp manufacturers will 

have enough time in between the announcement date and the effective date of the standards to 

purchase and install the necessary coaters to meet TSL3 and higher and produce all burners in 

their own facilities. Independent of manufacturers’ ability to install coaters to produce all 

infrared burners in-house, independent suppliers of infrared capsules suggested that they have 

the ability to supply a significant portion of the market. Because manufacturers could install 

additional coaters, purchase infrared burners from a supplier, and use existing excess capacity, 

DOE believes IRL manufacturers will be able to maintain production capacity levels and 

continue to meet market demand for all IRL standard levels. 

e. Impacts on Manufacturer Subgroups

As discussed above, using average cost assumptions to develop an industry cash-flow 

estimate is inadequate for assessing differential impacts among manufacturer subgroups. Small 

manufacturers, niche players, and manufacturers exhibiting a cost structure that differs largely 

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from the industry average could be affected differently. DOE used the results of the industry 

characterization to group manufacturers exhibiting similar characteristics. 

During its interviews, DOE did not identify any small manufacturers of covered IRL, but 

DOE did identify one small manufacturer that produces covered GSFL.91 This manufacturer 

suggested that it could be less impacted by amended energy conservation standards on GSFL 

than the large manufacturers. Unlike its larger competitors, the small manufacturer focuses on 

specialty products not covered by this rulemaking and has had a better ability to pass along 

product cost increases. For a discussion of the impacts on the small manufacturer, see chapter 13 

of the TSD and section VII.B of today’s notice. 

 

3. National Impact Analysis

a. Significance of Energy Savings

 To estimate the energy savings through 2042 due to amended energy conservation 

standards, DOE compared the energy consumption of the lamps under the base case to the 

energy consumption of these products under the trial standard levels. Table VI.31 and Table 

VI.32 show the forecasted national energy savings (including rebound effect and HVAC 

interactions where applicable) in quads (quadrillion BTU) at each TSL for GSFL and IRL. As 

discussed in section V.E, DOE models two base-case shipment scenarios and several standards-

 

91 DOE identified and contacted 12 businesses that could potentially be classified as small business manufacturers of 

the products that are the subject of this rulemaking. Four of those businesses agreed to be interviewed. Of these, 

DOE verified that only one of those businesses met all the criteria to be classified as a small manufacturer of 

covered GSFL or IRL. For further detail on DOE’s inquiry regarding small manufacturers, please see section VII.B 

on the review under the Regulatory Flexibility Act. 

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EE-2006-STD-0131 COMMENT 31.2
case shipment scenarios. For each lamp type, these scenarios combined produce eight possible 

sets of NES results. The tables below present the results of the two scenarios that represent the 

maximum and minimum energy savings resulting from all the scenarios analyzed. 

For GSFL, DOE presents “Existing Technologies, High Lighting Expertise, Shift” and 

“Emerging Technologies, Market Segment-Based Lighting Expertise, Roll-Up” in Table VI.31 

as the scenarios that produce the maximum and minimum energy savings, respectively. Due to a 

larger reduction in the installed stock of lamps affected by standards, the Emerging Technologies 

base-case forecast results in lower energy savings than the Existing Technologies base-case 

forecast. In addition, due to a portion of consumers purchasing non-energy-saving, higherlumen-output systems, the Market Segment-Based Lighting Expertise scenario results in lower 

energy savings than the High Lighting Expertise scenario. Finally, because in the Shift scenario 

more consumers move to higher-efficacy lamps than in the Roll-Up scenario, the Shift scenario 

results in higher energy savings than the Roll-Up scenario. 

Table VI.31 presents total national energy savings for each TSL (labeled as “Total” 

savings). The table also reports national energy savings due to individually regulating each type 

of GSFL (presented next to the lamp type names), assuming no amended standard on all other 

lamp types. However, it is important to note that individual lamp type energy savings (due to 

separate regulation) do not sum to equal total energy savings achieved at the trial standard levels 

due to standards-induced substitution effects between lamp types. Instead, these savings are 

provided merely to illustrate the approximate relative energy savings of each lamp type under a 

TSL. As discussed in the March 2008 ANOPR, due to their relatively small shipments-based 

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EE-2006-STD-0131 COMMENT 31.2
market share, DOE did not directly model the national impacts of 2-foot U-shaped lamps. In the 

ANOPR, DOE stated that in order to develop NES and NPV for this lamps type, it intended to 

scale the NIA results from other analyzed product classes. Given the similarities in historical 

shipment trends (showing a decrease in T12 lamps and an increase in T8 lamps) and in system 

input power, in this NOPR, DOE has decided to scale results from the 4-foot medium bipin 

product classes to approximate NES and NPV of 2-foot U-Shaped product classes. As historical 

shipments 4-foot medium bipin lamps were 22 times that of 2-foot U-shaped lamp shipments, 

DOE used this scaling factor to approximate the energy savings of 2-foot U-shaped lamps. 

 As seen in the tables below, the highest energy savings result from TSL 5 and from EL5 

for all lamp types. In addition, DOE notes that at EL 1 and EL 2 for 4-foot medium bipin and at 

EL 1, EL 2, and EL 3 for 8-foot single pin slimline and 8-foot RDC HO lamps, all energy 

savings originate from shifts to higher-efficacy T12 lamps and voluntary early retrofits to the 

more-efficacious T8 systems (not applicable to 8-foot RDC HO). At these ELs, all T8 lamps are 

compliant and, therefore, unaffected by standards. At TSL 3, a large increase in total energy 

savings of GSFL can be observed, stemming from the conversion of all 40W, 4-foot MBP T12 

lamps to 34W T12 lamps and also from 4-foot T8 lamps (the majority of the GSFL stock) being 

affected by the regulations. It is also important to note that at TSL 4 and TSL 5, all 4-foot MBP, 

8-foot SP slimline, and 8-foot RDC HO T12 lamp systems would be automatically retrofitted to 

T8 lamp systems, because no T12 standards-compliant lamps would be available. 

Table VI.31 Summary of Cumulative National Energy Savings for GSFL 

TSL/EL Lamp Type 

National Energy Savings 

(quad)

Existing Emerging 

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Technologies, 

High Lighting 

Expertise, Shift 

Technologies, 

Market SegmentBased Lighting 

Expertise, RollUp 

1 

4-foot MBP 1.52 0.43 

8-foot SP Slimline 0.10 0.08 

8-foot RDC HO 0.18 0.02 

4-foot MiniBP SO 0.76 0.12 

4-foot MiniBP HO 1.14 0.65 

2-foot U-Shaped 0.07 0.02 

Total 3.77 1.32 

2 

4-foot MBP 1.57 0.60 

8-foot SP Slimline 0.13 0.11 

8-foot RDC HO 0.24 0.20 

4-foot MiniBP SO 0.76 0.12 

4-foot MiniBP HO 1.14 0.65 

2-foot U-Shaped 0.07 0.03 

Total 3.90 1.70 

3 

4-foot MBP 4.76 1.99 

8-foot SP Slimline 0.18 0.17 

8-foot RDC HO 0.25 0.20 

4-foot MiniBP SO 0.76 0.12 

4-foot MiniBP HO 1.14 0.65 

2-foot U-Shaped 0.22 0.09 

Total 7.33 3.24 

4 

4-foot MBP 8.23 2.70 

8-foot SP Slimline 0.38 0.23 

8-foot RDC HO 0.66 0.66 

4-foot MiniBP SO 0.76 0.12 

4-foot MiniBP HO 1.14 0.65 

2-foot U-Shaped 0.37 0.12 

Total 11.64 4.49 

5 

4-foot MBP 9.53 3.72 

8-foot SP Slimline 0.38 0.25 

8-foot RDC HO 0.72 0.67 

4-foot MiniBP SO 0.91 0.29 

4-foot MiniBP HO 1.14 0.65 

2-foot U-Shaped 0.43 0.17 

Total 13.17 5.75 

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For IRL, DOE presents “Existing Technologies, Product Substitution, Shift” and 

“Emerging Technologies, No Product Substitution, Roll-Up” in Table VI.32 as the scenarios that 

produce the maximum and minimum energy savings, respectively. Similar to GSFL, the 

Existing Technologies base-case forecast results in higher energy savings than the Emerging 

Technologies base-case forecast due to the greater installed stock of IRL affected by standards. 

Also, although a relatively small difference, the Product Substitution scenario (including 

migration to both higher-efficacy R-CFL and lower-efficacy, exempted BR lamps) results in 

marginally higher energy savings than the No Product Substitution scenario. In addition, while 

the effect is greater for GSFL than for IRL, the Shift scenario (only affecting commercial 

consumers) also represents higher energy savings than the Roll-Up scenario for IRL. As seen in 

the table below, TSL 5 achieves maximum energy savings for both scenarios. 

Table VI.32 Summary of Cumulative National Energy Savings for Incandescent Reflector 

Lamps 

TSL 

National Energy Savings (quads) 

Existing Technologies, 

Product Substitution, 

Shift 

Emerging 

Technologies, No 

Product Substitution, 

Roll-Up 

1 0.37 0.22 

2 1.06 0.52 

3 1.89 1.00 

4 2.32 1.25 

5 2.60 1.48 

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b. Net Present Value

 The NPV analysis is a measure of the cumulative benefit or cost of standards to the 

Nation. In accordance with the OMB’s guidelines on regulatory analysis,92 DOE calculated 

NPV using both a 7-percent and a 3-percent real discount rate. The 7-percent rate is an estimate 

of the average before-tax rate of return to private capital in the U.S. economy, and reflects the 

returns to real estate and small business capital, as well as corporate capital. DOE used this 

discount rate to approximate the opportunity cost of capital in the private sector, because recent 

OMB analysis has found the average rate of return to capital to be near this rate. DOE also used 

the 3-percent rate to capture the potential effects of standards on private consumption (e.g., 

through higher prices for equipment and the purchase of reduced amounts of energy). This rate 

represents the rate at which society discounts future consumption flows to their present value. 

This rate can be approximated by the real rate of return on long-term government debt (i.e., yield 

on Treasury notes minus annual rate of change in the Consumer Price Index), which has 

averaged about 3 percent on a pre-tax basis for the last 30 years. 

The table below shows the forecasted net present value at each trial standard level for 

GSFL and IRL. Similar to the results presented for NES, Table VI.33 DOE presents the 

“Existing Technologies, High Lighting Expertise, Shift” scenario and the “Emerging 

Technologies, Market Segment-Based Lighting Expertise, Roll Up” scenario as the maximum 

and minimum NPVs for GSFL, respectively. In general, the NPV results at each trial standard 

level are a reflection of the life-cycle cost savings at the corresponding efficacy levels. As seen 

in section VI.B.1.a.i for most lamp purchasing events and most baseline lamps, increasing 

 

92 OMB Circular A-4, section E (Sept. 17, 2003). 

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EE-2006-STD-0131 COMMENT 31.2
efficacy levels generally result in increased LCC savings. Due to this general cost-effectiveness 

of higher-efficacy GSFL, the Existing Technologies base-case forecast (which increases the 

affected stock and shipments) and the Shift scenario (which results in the shipment of more highefficacy lamps) represent the high-range scenario for NPV. The Market Segment-Based 

Lighting Expertise scenario models consumers who purchase higher-first-cost lamps, but may 

not achieve energy savings. As these consumers generally have overall lower NPV (and often 

negative NPV) than their energy-saving counterparts, the Market Segment-Based Lighting 

Expertise scenario results in lower NPV than the High Lighting Expertise scenario. 

As seen in Table VI.33, NPV generally increases with increasing trial standard levels, 

consistent with the same trend in the LCC results. For the Market Segment-Based Lighting 

Expertise scenario, due to a large lack of lighting expertise in the residential sector (DOE 

assumes 0 percent consumers conducting T12 fixture replacements have high lighting expertise), 

the NPV from 4-foot medium bipin lamps is negative at EL1 and EL2. At efficacy levels above 

EL2, 4-foot medium bipin lamps achieve positive NPV due to the integration of more-efficacious 

T8 lamps into both commercial stocks (where lighting sophistication is higher) and residential 

stocks. In addition, the Emerging Technologies, Market Segment-Based Lighting Expertise, 

Roll-Up scenario shows decreased NPV from TSL4 to TSL5. This is primarily due to the 

portion of consumers (without lighting expertise) that are forced to purchase much higher cost 

lamps, but do not take advantage of the energy savings they provide. 

 

Table VI.33 Summary of Cumulative Net Present Value for GSFL 

TSL/EL Product Class 

NPV (billion 2007$) 

Existing Technologies, 

High Lighting Expertise, 

Emerging 

Technologies, Market 

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EE-2006-STD-0131 COMMENT 31.2
Shift Segment-Based 

Lighting Expertise, 

Roll-Up 

7% 

Discount 

3% 

Discount 

7% 

Discount 

3% 

Discount 

1 

4-foot MBP 3.93 9.04 -0.01 0.73 

8-foot SP Slimline 0.10 0.34 0.03 0.21 

8-foot RDC HO 0.35 0.60 -0.17 -0.24 

4-foot MiniBP SO 1.11 2.70 0.05 0.19 

4-foot MiniBP HO 1.46 3.38 0.81 1.91 

2-foot U-Shaped 0.18 0.41 0.00 0.03 

Total 7.12 16.46 0.71 2.82 

2 

4-foot MBP 3.14 7.78 -0.35 0.52 

8-foot SP Slimline 0.15 0.45 0.09 0.35 

8-foot RDC HO 0.43 0.73 0.53 0.87 

4-foot MiniBP SO 1.11 2.70 0.05 0.19 

4-foot MiniBP HO 1.46 3.38 0.81 1.91 

2-foot U-Shaped 0.14 0.35 -0.02 0.02 

Total 6.43 15.39 1.11 3.85 

3 

4-foot MBP 7.56 17.53 1.79 5.58 

8-foot SP Slimline 0.37 0.81 0.37 0.80 

8-foot RDC HO 0.12 0.26 0.06 0.14 

4-foot MiniBP SO 1.11 2.70 0.05 0.19 

4-foot MiniBP HO 1.46 3.38 0.81 1.91 

2-foot U-Shaped 0.34 0.80 0.08 0.25 

Total 11.09 25.67 3.23 8.98 

4 

4-foot MBP 17.47 35.93 5.97 13.34 

8-foot SP Slimline 0.87 1.89 0.38 0.97 

8-foot RDC HO 1.33 2.53 1.33 2.53 

4-foot MiniBP SO 1.11 2.70 0.05 0.19 

4-foot MiniBP HO 1.46 3.38 0.81 1.91 

2-foot U-Shaped 0.79 1.63 0.27 0.61 

Total 23.37 48.61 8.85 19.59 

5 

4-foot MBP 18.37 38.56 5.53 12.80 

8-foot SP Slimline 0.87 1.89 0.45 1.11 

8-foot RDC HO 1.38 2.62 1.28 2.46 

4-foot MiniBP SO 1.45 3.46 0.23 0.69 

4-foot MiniBP HO 1.46 3.38 0.81 1.91 

2-foot U-Shaped 0.83 1.75 0.25 0.58 

Total 24.49 51.90 8.54 19.53 

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For IRL, DOE presents the “Existing Technologies, Product Substitution, Shift” and 

“Emerging Technologies, No Product Substitution, Roll-Up” scenarios as the maximum and 

minimum NPVs, respectively. As seen in Table VI.34, NPV increases with TSL, consistent with 

LCC savings generally increasing with efficacy level. In particular, for the No Product 

Substitution scenario, the negative NPV at TSL1 results because the life-cycle cost savings at 

EL1 (the associated EL) are primarily negative. However, as seen in the Product Substitution 

scenario, TSL1 achieves positive NPV due to primarily the increased movement to highly costeffective R-CFLs. NPV results are the most positive at TSL5, because the most cost-effective 

IRL lamp is purchased at this TSL. 

Table VI.34 Summary of Cumulative Net Present Value for Incandescent Reflector Lamps 

TSL NPV (billion 2007$) 

Existing Technologies, 

Product Substitution, 

Shift 

Emerging Technologies, 

No Product Substitution, 

Roll-Up 

7% 

Discount 

Rate 

3% 

Discount 

Rate 

7% 

Discount 

Rate 

3% 

Discount 

Rate 

1 0.19 0.55 -0.06 0.00 

2 3.47 7.11 1.82 3.71 

3 4.75 9.85 2.58 5.30 

4 6.75 13.97 3.72 7.68 

5 7.52 15.55 4.34 8.99 

c. Impacts on Employment

 In addition to considering the direct employment impacts for the manufacturers of 

products covered in this rulemaking (discussed above), DOE also develops estimates of the 

indirect employment impacts of proposed standards on the economy in general. As noted 

previously, DOE expects energy conservation standards for the GSFL and IRL covered by these 

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EE-2006-STD-0131 COMMENT 31.2
standards to reduce energy bills for consumers, with the resulting net savings being redirected to 

other forms of economic activity. DOE also realizes that these shifts in spending and economic 

activity could affect the demand for labor. To estimate these effects, DOE used an input/output 

model of the U.S. economy using BLS data (see section V.H). See chapter 15 of the TSD 

accompanying this notice for details. 

 This input/output model suggests the proposed standards are likely to slightly increase the 

net demand for labor in the economy. Neither the BLS data nor the input/output model DOE 

uses includes the quality or wage level of the jobs. As Table VI.35 and Table VI.36 show, the 

net increase in jobs due to standards for GSFL and IRL, respectively, is so small that it would 

likely be imperceptible in national labor statistics and might be offset by other, unanticipated 

effects on employment. 

Table VI.35 Net National Change in Indirect Employment for GSFL, Jobs in 2042 

Trial 

Standard 

Level 

Net National Change in Jobs (thousands) 

Existing Technologies, 

Shift, High Lighting 

Expertise 

Emerging Technologies, 

Roll Up, Market Segment 

Based Lighting Expertise 

1 15.4 5.2 

2 15.2 5.7 

3 21.6 10.1 

4 27.6 13.3 

5 32.4 15.2 

Table VI.36 Net National Change in Indirect Employment for IRL, Jobs in 2042 

Trial 

Standard 

Level 

Net National Change in Jobs (thousands) 

Existing Technologies, 

Product Substitution, Shift 

Emerging Technologies, 

No Product Substitution, 

Roll up 

1 1.4 0.9 

2 3.5 2.9 

3 5.8 5.2 

4 7.5 6.9 

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EE-2006-STD-0131 COMMENT 31.2
5 8.2 7.8 

4. Impact on Utility or Performance of Products

 As discussed in section IV.D.1.d of this notice, DOE concluded that none of the efficacy 

levels considered in this notice would reduce the utility or performance of the GSFL and IRL 

under consideration in this rulemaking. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) 

Furthermore, manufacturers of these products currently offer GSFL and IRL that meet or exceed 

the proposed standards. 

5. Impact of Any Lessening of Competition

 DOE considers any lessening of competition likely to result from standards. The 

Attorney General determines the impact, if any, of any lessening of competition likely to result 

from a proposed standard, and transmits such determination to the Secretary, together with an 

analysis of the nature and extent of such impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) 

 To assist the Attorney General in making such a determination, DOE has provided DOJ 

with copies of this notice and the TSD for review. DOE will consider DOJ’s comments on the 

proposed rule in preparing the final rule. In the final rule, DOE will publish the Attorney 

General’s written determination and respond accordingly. 

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EE-2006-STD-0131 COMMENT 31.2
6. Need of the Nation to Conserve Energy

 An improvement in the energy efficiency of GSFL and IRL is likely to improve the 

security of the Nation’s energy system by reducing overall demand for energy, thereby reducing 

the Nation’s reliance on foreign sources of energy. Reduced demand could improve the 

reliability of the electricity system, particularly in the short run during peak-load periods. As a 

measure of this reduced demand, DOE expects the energy savings from the proposed standards 

to eliminate the need for approximately 1100 to 3400 megawatts (MW) of generating capacity 

for GFSL and up to 450 MW for IRL by 2042. 

 

 Enhanced energy efficiency also produces environmental benefits. The expected energy 

savings from higher standards would reduce the emissions of air pollutants and greenhouse gases 

associated with electric energy production and may reduce the cost of maintaining nationwide 

emissions standards and constraints. Table VI.37 and Table VI.38 show cumulative CO2, NOX, 

and Hg emissions reductions for GSFL and IRL by TSL over the rulemaking period. 

. 

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EE-2006-STD-0131 COMMENT 31.2
Table VI.37 Summary of Emissions Reductions for GSFL (cumulative reductions for 

products sold from 2012 to 2042)

 TLS1 TLS2 TLS3 

TL

S4 

TL

S5 

Existing Technologies, Shift, High Lighting Expertise 

CO2 (MMT) 236.4 233.7 395.2 597.7 679.7 

NOx (kt) low 14 15 25 39 43 

NOx (kt) high 347 361 623 951 1,072 

Hg (t) low 0.0 0.0 0.0 0.0 0.0 

Hg (t) high 4.2 3.8 6.9 7.9 9.1 

Emerging Technologies, Roll Up, Market Segment Based Lighting Expertise 

CO2 (MMT) 85.7 103.5 184.3 239.7 312.8 

NOx (kt) low 5 7 12 17 20 

NOx (kt) high 127 167 289 407 503 

Hg (t) low 0.0 0.0 0.0 0.0 0.0 

Hg (t) high 1.5 1.5 2.9 3.2 4.4 

Table VI.38 Summary of Emissions Reductions for IRL (cumulative reductions for 

products sold from 2012 to 2042)

 TLS1 TLS2 TLS3 

TL

S4 

TL

S5 

Existing Technologies, Product Substitution, Shift 

CO2 (MMT) 17.7 44.8 88.1 114.4 118.8 

NOx (kt) low 1 3 6 7 8 

NOx (kt) high 29 78 141 181 193 

Hg (t) low 0.0 0.0 0.0 0.0 0.0 

Hg (t) high 0.2 0.6 1.3 1.7 1.7 

Emerging Technologies, No Product Substitution, Roll Up 

CO2 (MMT) 10.3 25.1 46.2 58.6 79.3 

NOx (kt) low 1 2 3 4 1 

NOx (kt) high 17 39 75 94 17 

Hg (t) low 0.0 0.0 0.0 0.0 0.0 

Hg (t) high 0.1 0.3 0.6 0.8 1.3 

MMt = million metric tons. 

kt = thousand metric tons. 

t = metric tons. 

Note: The derivation for the emission ranges are described below. 

 The estimated cumulative CO2, NOX, and Hg emissions reductions for the proposed 

amended energy conservation standards range up to a maximum of 680 MMt for CO2, 1072 kt 

for NOX, and 9.1 metric tons for Hg for GSFL and 119 MMt for CO2, 193 kt for NOX and 1.7 

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EE-2006-STD-0131 COMMENT 31.2
tons for Hg for IRL over the period from 2012 to 2042. In the Environmental Assessment (see 

the Environmental Assessment report of the TSD), DOE reports estimated annual changes in 

CO2, NOX, and Hg emissions attributable to each TSL. As discussion in section V.J of this 

NOPR, DOE does not report SO2 emissions reduction from power plants because reductions 

from an energy conservation standard would not affect the overall level of SO2 emissions in the 

United States due to the emissions caps for SO2. 

The NEMS-BT modeling assumed that NOX would be subject to the Clean Air Interstate 

Rule (CAIR) issued by the U.S. Environmental Protection Agency on March 10, 2005.93 70 FR 

25162 (May 12, 2005). On July 11, 2008, the U.S. Court of Appeals for the District of Columbia 

Circuit (D.C. Circuit) issued its decision in North Carolina v. Environmental Protection 

Agency,

94 in which the court vacated the CAIR. If left in place, the CAIR would have 

permanently capped emissions of NOX in 28 eastern States and the District of Columbia. As 

with the SO2 emissions cap, a cap on NOX emissions would have meant that energy conservation 

standards are not likely to have a physical effect on NOX emissions in States covered by the 

CAIR caps. While the caps would have meant that physical emissions reductions in those States 

would not have resulted from the energy conservation standards that DOE is proposing today, 

the standards might have produced an environmental-related economic impact in the form of 

lower prices for emissions allowance credits, if large enough. DOE notes that the estimated total 

reduction in NOX emissions, including projected emissions or corresponding allowance credits in 

 

93 On December 23, 2008, the D.C. Circuit decided to allow CAIR to remain in effect until it is replaced by a rule 

consistent with the court's earlier opinion. North Carolina v. EPA, No. 05-1244, 2008 WL 5335481 (D.C. Cir. Dec. 

23, 2008). Neither the July 11, 2008 nor the December 23, 2008 decisions of the D.C. Circuit change the standardsetting proposals reached in this rule. See www.epa.gov/cleanairinterstaterule. 

94 531 F.3d 896 (D.C. Cir. 2008). 

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EE-2006-STD-0131 COMMENT 31.2
States covered by the CAIR cap was insignificant and too small to affect allowance prices for 

NOX under the CAIR. 

 Even though the D.C. Circuit vacated the CAIR, DOE notes that the D.C. Circuit left 

intact EPA's 1998 NOX SIP Call rule, which capped seasonal (summer) NOX emissions from 

electric generating units and other sources in 23 jurisdictions and gave those jurisdictions the 

option to participate in a cap and trade program for those emissions. 63 FR 57356, 57359 (Oct. 

27, 1998).95 DOE notes that the SIP Call rule may provide a similar, although smaller in extent, 

regional cap and may limit actual reduction in NOX emissions from revised standards occurring 

in States participating in the SIP Call rule. However, the possibility that the SIP Call rule may 

have the same effect as CAIR is highly uncertain. Therefore, DOE established a range of NOX

reductions due to the standards being considered in today’s proposed rule. DOE’s low estimate 

was based on the emission rate of the cleanest new natural gas combined-cycle power plant 

available for electricity generated based on the assumption that efficiency standards would result 

in only the cleanest available fossil-fueled generation being displaced. DOE used the emission 

rate, specified in 0.0310 kilotons (0.0341 thousand short tons ) of NOX emitted per TWh of 

electricity generated, associated with an advanced natural gas combined-cycle power plant, as 

 

95 In the NOx SIP Call rule, EPA found that sources in the District of Columbia and 22 “upwind” States (States) 

were emitting NOx (an ozone precursor) at levels that significantly contributed to “downwind” States not attaining 

the ozone NAAQS or at levels that interfered with States in attainment maintaining the ozone NAAQS. In an effort 

to ensure that “downwind” States attain or continue to attain the ozone NAAQS, EPA established a region-wide cap 

for NOx emissions from certain large combustion sources and set a NOx emissions budget for each State. Unlike the 

cap that CAIR would have established, the NOx SIP Call Rule’s cap only constrains seasonal (summer time) 

emissions. In order to comply with the NOX SIP Call Rule, States could elect to participate in the NOx Budget 

Trading Program. Under the NOx Budget Trading Program, each emission source is required to have one allowance 

for each ton of NOx emitted during the ozone season. States have flexibility in how they allocate allowances 

through their State Implementation Plans but States must remain within the EPA-established budget. Emission 

sources are allowed to buy, sell, and bank NOx allowances as appropriate. It should be noted that, on April 16, 

2008, EPA determined that Georgia is no longer subject to the NOx SIP Call rule. 73 FR 21528 (April 22, 2008). 

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EE-2006-STD-0131 COMMENT 31.2
specified by NEMS-BT. To estimate the reduction in NOX emissions, DOE multiplied this 

emission rate by the reduction in electricity generation due to the amended energy conservation 

standards considered. DOE’s high estimate of 0.764 kilotons (0.843 thousand short tons ) of 

NOx per TWh was based on the use of a nationwide NOX emission rate for all electrical 

generation. Use of such an emission rate assumes that future efficiency standards would result in 

displaced electrical generation mix that is equivalent to today’s mix of power plants (i.e., future 

power plants displaced are no cleaner than what are being used currently to generate electricity). 

In addition, under the high estimate assumption, energy conservation standards would have little 

to no effect on the generation mix. Based on AEO2008 for a recent year (2006) in which no 

regulatory or non-regulatory measures were in effect to limit NOX emissions, DOE multiplied 

this emission rate by the reduction in electricity generation due to the standards considered. 

DOE is considering whether changes are needed to its plan for addressing the issue of NOx

reduction. DOE invites public comment on how the agency should address this issue, including 

how it might value NOx emissions for States now that the CAIR has been vacated.96

 The range in NOX emission changes calculated under using the low- and high-estimate 

scenarios are shown in Table VI.37 and Table VI.38 by TSL. The range of total cumulative NOX

emission reductions is from 5 to 1071 kt for GSFL and 1 to 193 kt for IRL for the range of TSLs 

considered. These changes in NOX emissions are extremely small, at less than 0.1 percent of the 

national base-case emissions forecast by NEMS-BT, depending on the TSL. 

 

96 In anticipation of CAIR replacing the NOx SIP Call Rule, many States adopted sunset provisions for their plans 

implementing the NOx SIP Call Rule. The impact of the NOx SIP Call Rule on NOx emissions will depend, in part, 

on whether these implementation plans are reinstated. 

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 As noted above in section V.J, with regard to Hg emissions, DOE is able to report an 

estimate of the physical quantity changes in these emissions associated with an energy 

conservation standard. As opposed to using the NEMS-BT model, DOE established a range of 

Hg rates to estimate the Hg emissions that could be reduced from standards. DOE’s low 

estimate was based on the assumption that future standards could displace electrical generation 

from natural gas-fired power plants as the cleanest possible fossil-fueled generation displacement 

consistent with the low end of range established for NOX emissions, thereby resulting in an 

effective emission rate of zero. The low-end emission rate is zero because virtually all Hg 

emitted from electricity generation is from coal-fired power plants. Based on an emission rate of 

zero, no emissions would be reduced from energy conservation standards. DOE’s high estimate 

was based on the use of a nationwide mercury emission rate from AEO2008. Because power 

plant emission rates are a function of local regulation, scrubbers, and the mercury content of 

coal, it is extremely difficult to come up with a precise high-end emission rate. Therefore, DOE 

believes that the most reasonable estimate is based on the assumption that all displaced coal 

generation would have been emitting at the average emission rate for coal generation as specified 

by AEO2008. As noted previously, because virtually all mercury emitted from electricity 

generation is from coal-fired power plants, DOE based the emission rate on the tons of mercury 

emitted per TWh of coal-generated electricity. Based on the emission rate for a recent year 

(2006), DOE derived a high-end emission rate of 0.023 metric tons (0.0255 short tons) per TWh. 

To estimate the reduction in mercury emissions, DOE multiplied the emission rate by the 

reduction in coal-generated electricity due to the standards considered as determined in the utility 

impact analysis. The estimated changes in Hg emissions are shown in Table VI.37 for both 

GSFL and IRL from 2012 to 2042. The range of total Hg emission reductions is from 0 to 9.1 

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tons for GSFL and 0 to 1.7 tons for IRL for the range of TSLs considered. These changes in Hg 

emissions are extremely small, generally being less than 0.1 percent of the national base-case 

emissions forecast by NEMS-BT, depending on the TSL. 

 The NEMS-BT model used for today’s rulemaking could not be used to estimate Hg 

emission reductions due to standards as it assumed that Hg emissions would be subject to EPA’s 

Clean Air Mercury Rule97 (CAMR), which would have permanently capped emissions of 

mercury for new and existing coal-fired plants in all States by 2010. Similar to SO2 and NOX, 

DOE assumed that under such a system, energy conservation standards would have resulted in 

no physical effect on these emissions, but might have resulted in an environmental-related 

economic benefit in the form of a lower price for emissions allowance credits, if large enough. 

DOE estimated that the change in the Hg emissions from energy conservation standards would 

not be large enough to influence allowance prices under CAMR. 

 On February 8, 2008, the D.C. Circuit issued its decision in New Jersey v. Environmental 

Protection Agency,98 in which the D.C. Circuit, among other actions, vacated the CAMR 

referenced above. Accordingly, DOE is considering whether changes are needed to its plan for 

addressing the issue of mercury emissions in light of the D.C. Circuit’s decision. DOE invites 

public comment on addressing mercury emissions in this rulemaking. 

 In today’s proposed rule, DOE is taking into account a monetary benefit of CO2 emission 

reductions associated with this rulemaking. To put the potential monetary benefits from reduced 

 

97 70 FR 28606 (May 18, 2005). 

98 517 F.3d 574 (D.C. Cir. 2008). 

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CO2 emissions into a form that is likely to be most useful to decision-makers and stakeholders, 

DOE used the same methods used to calculate the net present value of consumer cost savings: 

the estimated year-by-year reductions in CO2 emissions were converted into monetary values and 

these resulting annual values were then discounted over the life of the affected appliances to the 

present using both 3 percent and 7 percent discount rates. 

 These estimates discussed below are based on an assumption of no benefit to an average 

benefit value reported by the IPCC.99 It is important to note that the IPCC estimate used as the 

upper bound value was derived from an estimate of the mean value of worldwide impacts from 

potential climate impacts caused by CO2 emissions, and not just the effects likely to occur within 

the United States. As DOE considers a monetary value for CO2 emission reductions, the value 

should be restricted to a representation of those costs/benefits likely to be experienced in the 

United States. DOE expects that such values would be lower than comparable global values; 

however, there currently are no consensus estimates for the U.S. benefits likely to result from 

CO2 emission reductions. However, DOE believes it is appropriate to use U.S. benefit values, 

where available, and not world benefit values, in its analysis.100 Because U.S.-specific estimates 

are not available, and DOE did not receive any additional information that would help serve to 

 

99 During the preparation of its most recent review of the state of climate science, the Intergovernmental Panel on 

Climate Change (IPCC) identified various estimates of the present value of reducing carbon-dioxide emissions by 

one ton over the life that these emissions would remain in the atmosphere. The estimates reviewed by the IPCC 

spanned a range of values. In the absence of a consensus on any single estimate of the monetary value of CO2

emissions, DOE used the estimates identified by the study cited in Summary for Policymakers prepared by Working 

Group II of the IPCC’s Fourth Assessment Report to estimate the potential monetary value of CO2 reductions likely 

to result from standards finalized in this rulemaking. According to IPCC, the mean social cost of carbon (SCC) 

reported in studies published in peer-reviewed journals was $43 per ton of carbon. This translates into about $12 per 

ton of carbon dioxide. The literature review (Tol 2005) from which this mean was derived did not report the year in 

which these dollars were denominated. However, we understand this estimate was denominated in 1995 dollars. 

Updating that estimate to 2007 dollars yields a SCC of $15 per ton of carbon dioxide. 100 In contrast, most of the estimates of costs and benefits of increasing the efficiency of GSFL and IRL include only 

economic values of impacts that would be experienced in the U.S. For example, in determining impacts on 

manufacturers, DOE generally does not consider impacts that occur solely outside of the United States. 

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narrow the proposed range as a representative range for domestic U.S. benefits, DOE believes it 

is appropriate to propose the global mean value as an appropriate upper bound U.S. value for 

purposes of the sensitivity analysis. 

As already discussed in section V.J, DOE received a comment on the March 2008 

ANOPR in the present rulemaking for estimating the value of CO2 emissions reductions. The 

Joint Comment argued for assigning an economic value to CO2 emissions. DOE’s approach for 

assigning a range to the dollars per ton of CO2 emissions recognizes and addresses the concerns 

of the Joint Comment 

Given the uncertainty surrounding estimates of the societal cost of carbon (SCC), relying 

on any single study may be inadvisable since its estimate of the SCC will depend on many 

assumptions made by its authors. The Working Group II’s contribution to the Fourth 

Assessment Report of the IPCC notes that: 

The large ranges of SCC are due in the large part to differences in assumptions regarding 

climate sensitivity, response lags, the treatment of risk and equity, economic and noneconomic impacts, the inclusion of potentially catastrophic losses, and discount rates.101 

Because of this uncertainty, DOE is relying on Tol (2005), which was presented in the 

IPCC’s Fourth Assessment Report, and was a comprehensive meta-analysis of estimates for the 

 

101 Climate Change 2007 – Impacts, Adaptation and Vulnerability Contribution of Working Group II to the Fourth 

Assessment Report of the IPCC, 17. Available at http://www.ipcc-wg2.org (last accessed Aug. 7, 2008). 

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value of SCC. As a result, DOE is relying on the Tol study reported by the IPCC as the basis for 

its analysis. 

DOE continues to believe that the most appropriate monetary values for consideration in 

the development of efficiency standards are those drawn from studies that attempt to estimate the 

present value of the marginal economic benefits likely to result from reducing greenhouse gas 

emissions, rather than estimates that are based on the market value of emission allowances under 

existing cap and trade programs or estimates that are based on the cost of reducing emissions - 

both of which are largely determined by policy decisions that set the timing and extent of 

emission reductions and do not necessarily reflect the benefit of reductions. DOE also believes 

that the studies it relies upon generally should be studies that were the subject of a peer review 

process and were published in reputable journals. 

In today’s NOPR, DOE is essentially proposing to rely on a range of values based on the 

values presented in Tol (2005). Additionally, DOE has applied an annual growth rate of 2.4% to 

the value of SCC, as suggested by the IPCC Working Group II (2007, p. 822), based on 

estimated increases in damages from future emissions reported in published studies. Because the 

values in Tol (2005) were presented in 1995 dollars, DOE is assigning a range for the SCC of $0 

to $20 ($2007) per ton of CO2 emissions. 

DOE is proposing to use the median estimated social cost of CO2 as an upper bound of 

the range. This value is based on Tol (2005), which reviewed 103 estimates of the SCC from 28 

published studies, and concluded that when only peer-reviewed studies published in recognized 

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journals are considered, “that climate change impacts may be very uncertain but [it] is unlikely 

that the marginal damage costs of carbon dioxide emissions exceed $50 per ton carbon 

[comparable to a 2007 value of $20 per ton carbon dioxide when expressed in 2007 U.S. dollars 

with a 2.4% growth rate].” 

In proposing a lower bound of $0 for the estimated range, DOE agrees with the IPCC 

Working Group II (2007) report that “significant warming across the globe and the locations of 

significant observed changes in many systems consistent with warming is very unlikely to be due 

solely to natural variability of temperatures or natural variability of the systems” (pp. 9), and, 

thus, tentatively concludes that a global value of zero for reducing emissions cannot be justified. 

However, DOE also believes that it is reasonable to allow for the possibility that the U.S. portion 

of the global cost of carbon dioxide emissions may be quite low. In fact, some of the studies 

looked at in Tol (2005) reported negative values for the SCC. DOE is using U.S. benefit values, 

and not world benefit values, in its analysis, and, further, DOE believes that U.S. domestic 

values will be lower than the global values. Additionally, the statutory criteria in EPCA do not 

require consideration of global effects. Therefore, DOE is proposing to use a lower bound of $0 

per ton of CO2 emissions in estimating the potential benefits of today’s proposed rule. 

 The resulting estimates of the potential range of net present value benefits associated with 

the reduction of CO2 emissions are reflected in Table VI.39 and Table VI.40. 

Table VI.39 Preliminary Estimates of Savings from CO2 Emissions Reductions for GSFL 

TSL Estimated Cumulative 

CO2 (MMt) Emission 

Reductions 

Value of Estimated CO2 

Emission Reductions 

(Billion 2007$) at 7% 

Value of Estimated CO2

Emission Reductions 

(Billion 2007$) at 3% 

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Discount Rate Discount Rate 

1 85.7 to 236.4 $0 to $1.2 $0 to $2.5 

2 103.5 to 233.7 $0 to $1.2 $0 to $2.5 

3 184.3 to 395.2 $0 to $2.1 $0 to $4.3 

4 239.7 to 597.7 $0 to $3.5 $0 to $6.8 

5 312.8 to 679.7 $0 to $4.0 $0 to $7.7 

Table VI.40 Preliminary Estimates of Savings from CO2 Emissions Reductions for IRL 

TSL Estimated Cumulative 

CO2 (MMt) Emission 

Reductions 

Value of Estimated CO2

Emission Reductions 

(Billion 2007$) at 7% 

Discount Rate 

Value of Estimated CO2

Emission Reductions 

(Billion 2007$) at 3% 

Discount Rate 

1 10.3 to 17.7 $0 to $0.1 $0 to $0.2 

2 25.1 to 44.8 $0 to $0.3 $0 to $0.5 

3 46.2 to 88.1 $0 to $0.5 $0 to $1.0 

4 58.6 to 114.4 $0 to $0.6 $0 to $1.3 

5 79.3 to 118.8 $0 to $0.7 $0 to $1.3 

 DOE also investigated the potential monetary impact resulting from the impact of today’s 

energy conservation standards on SO2, NOX, and Hg emissions. As previously stated, DOE’s 

initial analysis assumed the presence of nationwide emission caps on SO2 and Hg, and caps on 

NOX emissions in the 28 States covered by the CAIR caps. In the presence of these emissions 

caps, DOE concluded that no physical reductions in power sector emissions would likely occur; 

however, the lower generation requirements associated with energy conservation standards could 

potentially put downward pressure on the prices of emissions allowances in cap-and-trade 

markets. Estimating this effect is very difficult because of factors such as credit banking, which 

can change the trajectory of prices. DOE has further concluded that the effect from energy 

conservation standards on SO2 allowance prices is likely to be negligible, based upon runs of the 

NEMS-BT model. See Environmental Assessment report of the TSD for further details 

regarding SO2 allowance price impacts. 

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 As discussed earlier, with respect to NOx, the CAIR rule has been vacated by the courts, 

so projected annual NOX allowances from NEMS-BT are no longer relevant. In DOE’s 

subsequent analysis, NOX emissions are not controlled by a nationwide regulatory system. For 

the range of NOX reduction estimates (and Hg reduction estimates), DOE estimated the national 

monetized benefits of emissions reductions from today’s proposed rule based on environmental 

damage estimates from the literature. Available estimates suggest a very wide range of monetary 

values for NOX emissions, ranging from $370 per ton to $3,800 per ton of NOX from stationary 

sources, measured in 2001 dollars102 or a range of $432 per ton to $4,441 per ton in 2007 dollars. 

As discussed above, with the D.C. Circuit vacating the CAIR, DOE is considering how it should 

address the issue of NOx reduction and corresponding monetary valuation. DOE invites public 

comment on how the agency should address this issue, including how to value NOx emissions for 

States in the absence of the CAIR. 

 DOE has already conducted research for today’s NOPR and determined that the basic science 

linking mercury emissions from power plants to impacts on humans is considered highly uncertain. 

However, DOE identified two estimates of the environmental damages of mercury based on two 

estimates of the adverse impact of childhood exposure to methyl mercury on IQ for American 

children, and subsequent loss of lifetime economic productivity resulting from these IQ losses. 

The high-end estimate is based on an estimate of the current aggregate cost of the loss of IQ in 

American children that results from exposure to mercury of U.S. power plant origin ($1.3 billion 

 

102 Office of Management and Budget Office of Information and Regulatory Affairs, “2006 Report to Congress on 

the Costs and Benefits of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities” (2006). 

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per year in year 2000$), which works out to $32.6 million per ton emitted per year (2007$).103 

The low-end estimate was $664,000 per ton emitted in 2004$ or $729,000 per ton in 2007$, 

which DOE derived from a published evaluation of mercury control using different methods and 

assumptions from the first study, but also based on the present value of the lifetime earnings of 

children exposed.104 DOE invites public comment on how the agency should address this issue, 

including how to value mercury emissions in the absence of the CAMR. The resulting estimates 

of the potential range of the present value benefits associated with the national reduction of NOX

and national reductions in Hg emissions are reflected in Table VI.41 through Table VI.44. 

Table VI.41 Preliminary Estimates of Savings from NOX Emissions Reductions for GSFL 

TSL Estimated Cumulative 

NOX (kt) Emission 

Reductions 

Value of Estimated NOX

Emission Reductions 

(Billion 2007$) at 7% 

Discount Rate 

Value of Estimated NOX

Emission Reductions 

(Billion 2007$) at 3% 

Discount Rate 

1 5.1 to 347.4 $0.0 to $0.5 $0.0 to $0.9 

2 6.8 to 361.1 $0.0 to $0.5 $0.0 to $0.9 

3 11.7 to 623.0 $0.0 to $0.8 $0.0 to $1.6 

4 16.5 to 950.7 $0.0 to $1.3 $0.0 to $2.6 

5 20.3 to 1071.6 $0.0 to $1.4 $0. to $2.8 

Table VI.42 Preliminary Estimates of Savings from NOX Emissions Reductions for IRL 

TSL Estimated Cumulative 

NOX (kt) Emission 

Reductions 

Value of Estimated NOX

Emission Reductions 

(Billion 2007$) at 7% 

Discount Rate 

Value of Estimated NOX

Emission Reductions 

(Billion 2007$) at 3% 

Discount Rate 

1 0.7 to 29.0 $0 to $0.0 $0 to $0.1 

2 1.6 to 77.6 $0 to $0.1 $0 to $0.2 

3 3.0 to 140.6 $0 to $0.2 $0 to $0.4 

4 3.8 to 180.7 $0 to $0.2 $0 to $0.5 

 

103 Trasande, L., et al., “Applying Cost Analyses to Drive Policy that Protects Children,” 1076 ANN. N.Y. ACAD. 

SCI. 911 (2006).

104 Ted Gayer and Robert Hahn, Designing Environmental Policy: Lessons from the Regulation of Mercury 

Emissions, Regulatory Analysis 05-01 (AEI-Brookings Joint Center For Regulatory Studies) p. 31 (2004). A 

version of this paper was published in the Journal of Regulatory Economics in 2006. The estimate was derived by 

back-calculating the annual benefits per ton from the net present value of benefits reported in the study. 

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5 4.5 to 193.1 $0 to $0.2 $0 to $0.5 

Table VI.43 Preliminary Estimates of Savings from Hg Emissions Reductions for GSFL 

TSL Estimated Cumulative 

Hg (Tons) Emission 

Reductions 

Value of Estimated Hg 

Emission Reductions 

(Million 2007$) at 7% 

Discount Rate 

Value of Estimated Hg 

Emission Reductions 

(Million 2007$) at 3% 

Discount Rate 

1 0 to 4.2 $0 to $38. $0 to $80. 

2 0. to 3.8 $0 to $35. $0 to $73. 

3 0 to 6.9 $0 to $65. $0 to $134. 

4 0 to 7.9 $0 to $88. $0 to $166. 

5 0 to 9.1 $0 to $102. $0 to $192. 

Table VI.44 Preliminary Estimates of Savings from Hg Emissions Reductions for IRL 

TSL Estimated Cumulative 

Hg (Tons) Emission 

Reductions 

Value of Estimated Hg 

Emission Reductions 

(Million 2007$) at 7% 

Discount Rate 

Value of Estimated Hg 

Emission Reductions 

(Million 2007$) at 3% 

Discount Rate 

1 0 to 0.2 $0 to $2 $0 to $5 

2 0 to 0.6 $0 to $7 $0 to $13 

3 0 to 1.3 $0 to $13 $0 to $26 

4 0 to 1.7 $0 to $16 $0 to $33 

5 0 to 1.7 $0 to $16 $0 to $33 

C. Proposed Standard

1. Overview

Under 42 U.S.C. 6295(o)(2)(A), EPCA requires that any new or amended energy 

conservation standard for any type (or class) of covered product shall be designed to achieve the 

maximum improvement in energy efficiency that the Secretary determines is technologically 

feasible and economically justified. In determining whether a standard is economically justified, 

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the Secretary must determine whether the benefits of the standard exceed its burdens to the 

greatest extent practicable, in light of the following seven factors: 

(1) The economic impact of the standard on manufacturers and consumers of the products 

or equipment subject to the standard; 

(2) The savings in operating costs throughout the estimated average life of the covered 

products or equipment in the type (or class) compared to any increase in the price, initial charges, 

or maintenance expenses for the covered products that are likely to result from the imposition of 

the standard; 

(3) The total projected amount of energy (or, as applicable, water) savings likely to result 

directly from the imposition of the standard; 

(4) Any lessening of the utility or the performance of the covered products or equipment 

likely to result from the imposition of the standard; 

(5) The impact of any lessening of competition, as determined in writing by the Attorney 

General, that is likely to result from the imposition of the standard; 

(6) The need for national energy and water conservation; and 

(7) Other factors the Secretary considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)) 

The new or amended standard also must ‘‘result in significant conservation of energy.’’ 

(42 U.S.C. 6295(o)(3)(B)) 

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As discussed in section IV.B.1, DOE established a separate set of TSLs for GSFL and 

IRL. Therefore, DOE analyzed each lamp type (GSFL or IRL) separately while establishing the 

proposed standards. 

During the screening phase of this rulemaking, DOE eliminated the maximum 

technologically feasible levels for GSFL that would incorporate the use of a higher-efficiency 

gas fill composition than what is currently available on the market today. DOE’s research had 

indicated that further usage of heavier gas fills to increase lamp efficacy beyond GSFL TSL5 

would likely result in decreased utility of the product. Thus, DOE screened out the maximum 

technologically feasible levels that would be based on these reduced-utility GSFL. TSL5 

represents the most efficient level analyzed for GSFL. 

For IRL, in the engineering analysis, DOE eliminated the maximum technologically 

feasible level that would require the use of a silver reflector, which DOE understands to be a 

proprietary technology. DOE does not believe there are any alternate technology pathways to 

this efficacy level. Therefore, TSL5 represents the most efficient level analyzed for IRL which 

does not require installation of the proprietary silver reflector. See sections IV.B.2 and VI.A.2 of 

this notice for more information on maximum technologically feasible levels and other efficacy 

levels DOE analyzed. 

 DOE then considered the impacts of standards at each trial standard level, beginning with 

the most efficient level, to determine whether the given level was economically justified. DOE 

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then considered less efficient levels until it reached the highest level that is technologically 

feasible and economically justified and saves a significant amount of energy. 

 DOE discusses the benefits and/or burdens of each trial standard level in the following 

sections. DOE bases its discussion on quantitative analytical results for each trial standard level 

(presented in section VI) such as national energy savings, net present value (discounted at 7 

percent and 3 percent), emissions reductions, industry net present value, life-cycle cost, and 

consumers installed price increases. In addition to providing a summary of results, DOE 

discusses below the life-cycle cost and consumer installed price increase results for each product 

class and baseline where appropriate. Beyond the quantitative results, DOE also considers other 

burdens and benefits that affect economic justification, including how impacts on competition, 

supply constraints, and lamp input prices may affect the economic results presented. 

2. General Service Fluorescent Lamps Conclusion

a. Trial Standard Level 5

For GSFL, DOE first considered the most efficient level, TSL5, which would save an 

estimated total of 5.8 to 13.2 quads of energy through 2042—a significant amount of energy. 

For the Nation as a whole, TSL5 would have a net savings of $8.5 billion to $24.5 billion at a 7-

percent discount rate. The emissions reductions at TSL5 are estimated at 313 to 680 MMt of 

CO2, 20 to 1072 kt of NOX,, up to 9 metric tons of Hg. Total generating capacity in 2042 is 

estimated to decrease compared to the reference case by 1.8 to 5.4 GW under TSL5. 

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The impacts on manufacturers would be very significant, because TSL5 would 

commoditize high-efficacy lamps and require a complete conversion of all T12 4-foot MBP, 8-

foot SP slimline, and 8-foot RDC HO lines to T8 lines, requiring a capital investment of $181.5 

million. The projected change in industry value ranges from a decrease of $263 million to an 

increase of $13 million. The extent of the industry impacts is driven primarily by the ability to 

maintain current gross margins as efficient products become commoditized. Currently, 

manufacturers obtain higher margins for more-efficient products so to avoid the higher end of the 

anticipated impacts, they must find new ways to differentiate GSFL to maintain full product 

lines. At TSL5, DOE recognizes the risk of very large negative impacts if the high end of the 

range of impacts is reached, resulting in a net loss of 46 percent in INPV. 

At TSL5, DOE projects that most GSFL consumers would experience life-cycle cost 

savings. The following discussion outlines specific impacts on the separate product classes and 

baseline lamps. 

Table VI.5 presents the findings of an LCC analysis on various three-lamp, 4-foot 

medium bipin GSFL systems operating in the commercial sector. Regardless of the baseline 

lamp currently employed, consumers have available lamp designs which result in positive LCC 

savings at TSL5. At this standard level, users of 40W or 34W 4-foot MBP T12 baseline lamps 

installed on a magnetic ballast who need to replace their lamp would incur the cost of a lamp and 

ballast replacement ($63.51 to $71.19) because no T12 lamp currently meets the efficacy 

requirements of TSL5. Comparing this cost of lamp-and-ballast replacements to the cost of only 

baseline lamp replacements ($11.22 to $13.96) results in installed price increases of $50.87 to 

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$57.23. These ranges in prices depend on the specific baseline lamps previously owned by 

consumers and the specific combinations of lamps and ballasts they select in the standards case. 

However, over the life of the lamp, these consumers would save $15.13 to $25.26. 

Table VI.6 presents LCC results for a two-lamp 4-foot MBP system operating in the 

residential sector under average operating hours. The results are presented for a system 

operating 40W T12 lamps with a magnetic ballast, as this configuration is typical of the installed 

base of residential GSFL systems. As discussed in section V.D, DOE believes that the vast 

majority of lamps sold in the residential market are sold with new ballasts or luminaires. At 

TSL5, residential consumers are expected to purchase T8 lamps with electronic ballasts in lieu of 

the T12 lamps with magnetic ballasts that they would purchase absent standards. These 

consumers would see LCC savings of $17.72 to $19.66. DOE recognizes that not all residential 

GSFL lamps would be sold in conjunction with a new ballast or luminaire in the base case. In 

particular, consumers with higher operating hours may need to replace their lamp on an existing 

system. However, at TSL5, there are no standards-compliant T12 replacement lamps available. 

As seen in Table VI.7, the consumer economics of retrofitting a typical high-use residential 4-

foot MBP system are negative, with life-cycle cost savings of -$3.50 to -$4.13. 

With regard to 4-foot MBP consumer subgroups, all consumer subgroups analyzed 

achieve similar LCC savings to the average consumer with the exception of commercial 

consumers who own 40W or 34W 4-foot MBP T12 lamps installed on electronic ballasts. These 

consumers, upon lamp failure, are forced to retrofit their existing ballasts, resulting in negative 

LCC savings of -$11.53 to -$5.53 (seen in Table VI.21). Overall, based on the NIA model, DOE 

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estimates that at TSL5 in 2012, approximately 2 percent of 4-foot MBP shipments result in 

negative LCC savings, and 9 percent of shipments are associated with the high installed price 

increases due to forced retrofits. 

Table VI.10 presents the findings of an LCC analysis on various two-lamp, 8-foot SP 

slimline GSFL systems operating in the commercial sector. Except for consumers who purchase 

reduced-wattage 60W T12 lamps absent standards (and experience a lamp failure), all other 

consumers have available lamp designs that result in positive LCC savings at TSL5. At this 

standard level, users of 75W or 60W 8-foot SP slimline T12 baseline lamps installed on a 

magnetic ballast who need to replace their lamp would incur the cost of a lamp and ballast 

replacement ($93.79 to $95.12) because no T12 lamp currently meets the efficacy requirements 

of TSL5. Comparing the cost of a lamp-and-ballast replacement to the cost of only baseline 

lamp replacement ($11.33 to $16.16) results in an installed price increase of $79.96 to $83.99. 

In addition, users of 60W T12 lamps who need to replace their lamp experience negative LCC 

savings of -$14.02 to -$12.26. On the other hand, over the life of the lamp, users of 75W T12 

lamps who require a lamp replacement would save $11.45. 

With regard to 8-foot SP slimline consumer subgroups, all consumer subgroups analyzed 

achieve similar LCC savings to the average consumer with the exception of consumers of T12 

lamps operating in religious institutions or users of T12 lamps installed on electronic ballasts. 

These consumers, upon lamp failure, are forced to retrofit their existing ballasts, resulting in 

negative LCC savings. In particular, as seen in Table VI.15, these consumers in institutions of 

religious worship (with low operating hours) experience increases in life-cycle costs of $6.68 to 

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$37.19. As seen in Table VI.23, consumers with T12 lamps installed on electronic ballasts 

experience increases in life-cycle costs of $14.18 to $32.74. Overall, based on the NIA model, 

DOE estimates that at TSL5 in 2012, approximately 24 percent of 8-foot SP slimline shipments 

would result in negative LCC savings, and 65 percent of shipments would be associated with the 

high installed price increases due to forced retrofits. 

Table VI.11 presents the findings of an LCC analysis on various two-lamp, 8-foot RDC 

HO GSFL systems operating in the industrial sector. With the exception to consumers who 

purchase reduced-wattage 95W T12 lamps absent standards (and purchase a lamp in response to 

a lamp failure), all other consumers have available lamp designs that result in positive LCC 

savings at TSL5. At this standard level, users of 110W or 95W 8-foot RDC HO T12 baseline 

lamps installed on a magnetic ballast who need to replace their lamp would incur the cost of a 

lamp and ballast replacement ($126.49), because no T12 lamp currently meets the efficacy 

requirements of TSL5. Comparing the cost of a lamp-and-ballast replacement to the cost of only 

baseline lamp replacement ($13.92 to $19.74) results in an installed price increase of $106.75 to 

$112.57. In addition, users of 95W T12 lamps who need to replace their lamp experience 

negative LCC savings of -$12.70. On the other hand, over the life of the lamp, users of 110W 

T12 lamps who require a lamp replacement would save $5.13. 

With regard to 8-foot RDC HO consumer subgroups, all consumer subgroups analyzed 

achieve similar LCC savings to the average consumer except consumers who own T12 lamps 

installed on electronic ballasts. These consumers, upon lamp failure, are forced to retrofit their 

existing ballasts, resulting in negative LCC savings of -$10.09 to -$23.07 (seen in Table VI.24). 

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Overall, based on the NIA model, DOE estimates that at TSL5 in 2012, approximately 33 

percent of 8-foot RDC HO shipments would result in negative LCC savings, and 86 percent of 

shipments would be associated with the high installed price increases due to forced retrofits. 

Table VI.8 and Table VI.9 present the LCC analyses on two-lamp 4-foot MiniBP T5 

standard-output and high-output systems, respectively. The standard-output system is modeled 

as operating in the commercial sector, and the high-output system is modeled as operating in the 

industrial sector. The baseline lamps for these systems are the model 28W and 54W 

halophosphor lamps, as discussed in section V.C.3.a At TSL5 (EL2 for standard output T5 

lamps), all consumers of standard output lamps have available lamp designs which result in 

positive LCC savings of $1.22 (for lamp replacement) and $45.27 to $47.03 (for new 

construction or renovation). At TSL5 (EL1 for high output T5 lamps), consumers of high-output 

lamps who need only a lamp replacement would experience negative LCC savings of -$3.42. 

However, purchasing a T5 high-output system for new construction or renovation would result in 

positive LCC savings of $55.85 to $56.85. 

After carefully considering the analysis and weighing the benefits and burdens of TSL5, 

the Secretary has reached the following initial conclusion: At TSL 5, the benefits of energy 

savings, emissions reductions (both in physical reductions and the monetized value of those 

reductions), and the positive net economic savings to the Nation (over 30 years) would be 

outweighed by the economic burden on some consumers (as indicated by the large increase in 

total installed cost) and the potentially large reduction in INPV for manufacturers resulting from 

large conversion costs and reduced gross margins. Specifically, consumers who operate a 4-foot 

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MBP, 8-foot SP slimline, or 8-foot RDC HO T12 ballast prior to 2012 would be forced to retrofit 

their system upon lamp failure, incurring an initial cost six to thirteen times that of a simple lamp 

replacement. Additionally, consumers who installed T12 electronic ballasts before 2012 would 

bear the large increases in first cost without benefiting from LCC savings. Consequently, the 

Secretary has tentatively concluded that trial standard level 5 is not economically justified. 

b. Trial Standard Level 4

Next, DOE considered TSL 4, which would save an estimated total of 4.5 to 11.6 quads 

of energy through 2042, a significant amount of energy. For the Nation as a whole, TSL4 would 

have a net savings of $8.9 billion to $23.4 billion at a 7-percent discount rate. The emissions 

reductions at TSL4 are estimated at 240 to 598 MMt of CO2, 17 to 951 kt of NOX, and up to 8 

metric tons of Hg. Total generating capacity in 2042 is estimated to decrease compared to the 

reference case by 1.3 to 4.3 GW under TSL4. 

Similar to TSL5, the impacts on manufacturers would be very significant because TSL4 

also would commoditize most high-efficacy lamps and require a complete conversion of all T12 

4-foot MBP, 8-foot SP slimline, and 8-foot RDC HO lines to T8 lines, a capital investment of 

$181.5 million. The projected change in industry value ranges from a decrease of $195 million 

to a decrease of $9 million. At TSL4, DOE recognizes the risk of very large negative impacts if 

the high end of the range of impacts is reached, resulting in a net loss of 34 percent in INPV. 

As seen in Table VI.5 through Table VI.11, at TSL4, DOE projects that 4-foot MBP, 8-

foot SP slimline, and 8-foot RDC HO consumers would experience similar life-cycle cost 

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savings and increases as they would experience at TSL5. Like TSL5, consumers who own T12 

ballasts prior to 2012 at TSL4 would likely experience negative economic impacts, either 

through life-cycle cost increases or by large increases in total installed cost. For 4-foot MiniBP 

T5 standard-output lamps, TSL4 would require these lamps to meet EL1, resulting in positive 

LCC savings of $1.22 for lamp replacement and $42.84 for new construction or renovation (seen 

in Table VI.8). For 4-foot MiniBP T5 high-output lamps, TSL4 would require the same efficacy 

level (EL1) as TSL5, resulting in identical life-cycle cost impacts. 

After carefully considering the analysis and weighing the benefits and burdens of TSL4, 

the Secretary has reached the following initial conclusion: At TSL4, the benefits of energy 

savings, emissions reductions (both in physical reductions and the monetized value of those 

reductions), and the positive net economic savings to the Nation (over 30 years) would be 

outweighed by the economic burden on some consumers (as indicated by the large increase in 

total installed cost) and the potentially large reduction in INPV for manufacturers. Specifically, 

consumers who operate a 4-foot MBP, 8-foot SP slimline, or 8-foot RDC HO T12 ballast prior to 

2012 would be forced to retrofit their system upon lamp failure, incurring an initial cost six to 

thirteen times that of a simple lamp replacement. Additionally, consumers who installed T12 

electronic ballasts before 2012 would bear the large increases in first cost without benefiting 

from LCC savings. Consequently, the Secretary has tentatively concluded that trial standard 

level 4 is not economically justified. 

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c. Trial Standard Level 3

Next, DOE considered TSL3, which would save an estimated total of 3.2 to 7.3 quads of 

energy through 2042, a significant amount of energy. For the Nation as a whole, TSL3 would 

have a net savings of $3.2 billion to $11.1 billion at a 7-percent discount rate. The emissions 

reductions at TSL3 are estimated at 184 to 395 MMt of CO2, 12 to 623 kt of NOX, and up to 7 

metric tons of Hg. Total generating capacity in 2042 would be estimated to decrease compared 

to the reference case by 1100 to 3400 megawatts under TSL3. 

As opposed to TSL4 and TSL5, TSL3 does not eliminate all T12 lamps from the market. 

The impacts on manufacturers are less significant because TSL3 does not require a complete 

conversion of all T12 4-foot MBP, 8-foot SP slimline, and 8-foot RDC HO lines to T8 lines. 

Instead, the required capital investments of $104.5 million are to account for the likely 

accelerated consumer migration toward T8 lamps. The projected change in industry value ranges 

from a decrease of $139 million to an increase of $71 million. The upper range of these impacts 

results from the reduced efficacy range of the product line and the corresponding reduction in 

gross margins. Compared with TSL 4 and TSL 5, TSL 3 maintains a broader product line and, 

thus, provides manufacturers with a greater opportunity to differentiate lamp offerings. 

At TSL3, DOE projects that most GSFL consumers would experience life-cycle cost 

savings. Because the minimum efficacy levels for the T5 product classes are the same for TSL3 

as they are for TSL4, the life-cycle cost impacts on these consumers are identical as well. 

However, for the other GSFL product classes, the consumer economic impacts do differ at TSL3 

from TSL4 and TSL5. Because T12 lamps are still available at this level, all consumers have 

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viable lamp replacement options without needing to retrofit their ballasts. As a result, initial 

costs for 4-foot MBP, 8-foot SP slimline, or 8-foot RDC HO T12 lamp replacements are 

significantly lower than initial costs required at TSL4 and TSL5 when consumers must purchase 

a new lamp and new ballast with standards. For example, for 4-foot MBP lamps, installed costs 

at TSL3 may increase by $13.91 over a baseline lamp cost of $11.22 in the commercial sector or 

by $8.48 over the baseline lamp cost of $3.98 in the residential sector. 

Although incremental total installed costs are considerably reduced in comparison to 

TSL4 and TSL5, some consumers would still experience negative life-cycle cost savings at 

TSL3. These are many of the same consumers that would have negative savings at TSL4 and 

TSL5. Residential consumers who own T12 ballasts prior to 2012 would experience negative 

LCC savings when replacing only their lamps (approximately 2 percent of 4-foot MBP 

shipments in 2012). Consumers who, absent standards, replace reduced-wattage T12 lamps on 

8-foot SP slimline systems (24 percent of 8-foot SP slimline shipments in 2012) experience net 

life-cycle cost increases. Approximately 33 percent of 8-foot RDC HO shipments in 2012 (those 

consumers who replace reduced-wattage T12 lamps) result in negative LCC savings. As seen in 

section VI.B.1.a.i, for GSFL, often higher efficacy level lamps result in higher (or less negative) 

life-cycle cost savings. At TSL3, consumers have the option of purchasing these higher-efficacy 

lamps, and, therefore, can achieve similar life-cycle cost savings as at TSL4 and TSL5. 

After considering the analysis and the benefits and burdens of trial standard level 3, the 

Secretary has reached the following tentative conclusion: Trial standard level 3 offers the 

maximum improvement in energy efficiency that is technologically feasible and economically 

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justified, and will result in significant conservation of energy. The Secretary has reached the 

initial conclusion that the benefits of energy savings, emissions reductions (both in physical 

reductions and the monetized value of those reductions), and the positive net economic savings 

to the Nation would outweigh the economic burden on some consumers (as indicated by negative 

life-cycle cost savings) and the potentially large reduction in INPV for manufacturers. TSL 3 

offers almost all consumers the choice to select lamp and ballast systems that will reduce their 

life-cycle costs but does not force them to incur the increased first costs of a new ballast if they 

elect not to do so. Therefore, DOE today proposes to adopt the energy conservation standards for 

GSFL at trial standard level 3. 

3. Incandescent Reflector Lamps Conclusion

a. Trial Standard Level 5

For IRL, DOE first considered the most efficient level, TSL5, which would save an 

estimated total of 1.5 to 2.6 quads of energy through 2042—a significant amount of energy. For 

the Nation as a whole, TSL5 would have a net savings of $4.3 billion to $7.5 billion at a 7-

percent discount rate. The emissions reductions at TSL5 are estimated at 79 to 119 MMt of CO2, 

5 to 193 kt of NOX, and up to 2 metric tons of Hg. Total generating capacity in 2042 is 

estimated to decrease compared to the reference case by 40 to 500 MW under TSL5. As seen in 

Table VI.12, regardless of the baseline lamp purchased absent standards, consumers have 

available lamp designs which result in positive LCC savings, ranging from $1.49 to $9.41, at 

TSL5. The higher savings result from consumers who purchase lamps with larger lumen 

packages, while the lower savings result from consumers who purchase lamps with smaller 

lumen packages. 

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The projected change in industry value would range from a decrease of $82 million to 

$103 million, or a net loss of 31 to 50 percent in INPV. The range in impacts is attributed in part 

to uncertainty concerning the future share of emerging technologies in the IRL market, as well as 

the expected migration to R-CFL and exempted IRL technologies under standards. 

 DOE based TSL5 on commercially-available IRL which employ a silver reflector, an 

improved IR coating, and a filament design that results in a lifetime of 4,200 hours. To DOE’s 

knowledge, only one manufacturer currently sells products that meet TSL5. In addition, it is 

DOE’s understanding that the silver reflector is a proprietary technology that all manufacturers 

may not be able to employ. However, DOE considered TSL5 in its analysis because it believes 

that there are alternate pathways to achieve this level. A combination of redesigning the filament 

to achieve higher-temperature operation (and thus reducing lifetime to 3,000 hours), employing 

other non-proprietary high-efficiency reflectors, or applying higher-efficiency IR coatings has 

the potential to result in an IRL that meets an equivalent efficacy level. However, to DOE’s 

knowledge, no prototype IRL exists that meets this efficacy level and does not use proprietary 

technology. Therefore, DOE is uncertain as to whether there are barriers to implementing these 

alternate pathways. In addition, DOE is uncertain of the manufacturer costs associated with 

producing such an IRL. As documented in appendix 5D of the TSD, DOE received 

manufacturer cost estimates from an IR coating manufacturer. Based on these cost estimates, 

DOE estimated that a medium-range end-user price for PAR 38 IRL that meet TSL5 and do not 

employ the proprietary silverized reflector would be $7.91. This price, when compared to the 

end-user price of the commercially-available PAR38 IRL that meet TSL5 and use the silverized 

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reflector ($8.03), would appear to be cost-competitive. However, DOE requires verification of 

these cost estimates before proposing a standard that would require this higher-efficiency IR 

coating technology. If it is significantly more costly for some manufacturers to meet this level 

than others, it is likely to cause a lessening of competition and distortions in the marketplace. 

After carefully considering the analysis and weighing the benefits and burdens of TSL5, 

the Secretary has reached the following initial conclusion: At TSL5, the benefits of energy 

savings, emissions reductions (both in physical reductions and the monetized value of those 

reductions), the positive net economic savings to the Nation (over 30 years) would be 

outweighed by the large capital conversion costs that could result in a reduction in INPV for 

manufacturers and possible lessening of competition. Consequently, the Secretary has 

tentatively concluded that trial standard level 5 is not economically justified. 

As discussed above, DOE is not proposing TSL 5 because DOE finds that the benefits to 

the Nation of TSL 5 do not outweigh the costs, and, therefore, DOE proposes that TSL 5 is not 

economically justified. This proposal reflects DOE’s tentative conclusion that there remains too 

much uncertainty regarding the ability for manufacturers to produce lamps that meet this level. 

While information is available that suggests that there are other economical pathways (without 

the use of proprietary technology) to meet this efficacy level, DOE believes that it must have a 

higher degree of confidence that these pathways exist and a clearer understanding of the 

economic burdens (to consumers and manufacturers) to warrant higher standards before it 

imposes such requirements. DOE is soliciting public comments on these and other issues, and 

will reconsider this tentative conclusion during the development of its final rule. Specifically, 

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DOE requests comment on other technology pathways that may be utilized to meet TSL5, and 

whether these pathways may have any adverse effects on consumer utility or the ability for the 

product to be mass produced. In addition, DOE requests comment on the manufacturer costs 

associated with these pathways and resulting consumer product prices for lamps that meet this 

efficacy level. Based upon the information it receives, DOE may consider adoption of TSL 5 at 

the final rule stage. 

b. Trial Standard Level 4

DOE next considered TSL4, which would save an estimated total of 1.3 to 2.3 quads of 

energy through 2042—a significant amount of energy. For the Nation as a whole, TSL4 would 

have a net savings of $3.7 billion to $6.8 billion at a 7-percent discount rate. The emissions 

reductions at TSL4 are estimated at 59 to 114 MMt of CO2, 4 to181 kt of NOX, and up to 2 

metric tons of Hg. Total generating capacity in 2042 is estimated to decrease compared to the 

reference case by 0 to 500 MW under TSL4. As seen in Table VI.12, regardless of the baseline 

lamp currently employed, consumers have available lamp designs which would result in positive 

LCC savings, ranging from $1.62 to $8.14, at TSL4. 

To DOE’s knowledge, two of the three major manufacturers of IRL currently sell a full 

product line (across common wattages) that meet this standard level. In addition, it is DOE’s 

understanding that the third manufacturer employs a technology platform that, due to the 

positioning of the filament in the HIR capsule, is inherently less efficient. Therefore, it is likely 

that in order to meet TSL4, this manufacturer would have to make considerably higher 

investments than the other manufacturers, placing it at a competitive disadvantage. DOE 

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projects that change in industry value at TSL4 ranges from a decrease of $77 million to $94 

million, or net loss of 29 to 46 percent in INPV. However, compared to each of the baselines, 

TSL4 showed significant positive life-cycle cost savings on a national average basis and for all 

consumer subgroups. In addition, TSL4 is projected to result in significant net economic savings 

to the Nation. 

After considering the analysis, comments on the ANOPR, and the benefits and burdens of 

trial standard level 4, the Secretary has reached the following tentative conclusion: Trial 

standard level 4 offers the maximum improvement in efficacy that is technologically feasible and 

economically justified, and will result in significant conservation of energy. The Secretary has 

reached the initial conclusion that the benefits of energy savings, emissions reductions (both in 

physical reductions and the monetized value of those reductions), the positive net economic 

savings to the Nation, and positive life-cycle cost savings would outweigh the potentially large 

reduction in INPV for manufacturers. Therefore, DOE today proposes to adopt the energy 

conservation standards for IRL at trial standard level 4. 

VII. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866

 Today’s regulatory action has been determined to be an economically significant 

regulatory action under Executive Order 12866, “Regulatory Planning and Review.” 58 FR 

51735 (Oct. 4, 1993). Accordingly, this action was subject to review under the Executive Order 

by the Office of Information and Regulatory Affairs (OIRA) at OMB. 

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 The Executive Order requires that each agency identify in writing the specific market 

failure or other specific problem that it intends to address that warrant new agency action, as well 

as assess the significance of that problem, to enable assessment of whether any new regulation is 

warranted. Executive Order 12866, §1(b)(1). 

 DOE’s analysis for GSFL and IRL explicitly accounts for the percentage of consumers 

that already purchase more-efficient products and takes these consumers into account when 

determining the national energy savings associated with various trial standard levels. The 

analysis suggests that accounting for the market value of energy savings alone (i.e., excluding 

any possible “externality” benefits such as those noted below) would produce enough benefits to 

yield net benefits across a wide array of products and circumstances. In its ANOPR, DOE 

requested additional data on and suggestions for testing the existence and extent of potential 

market failures to assess the significance of these failures and, thus, the net benefits of 

regulation. 73 FR 13620, 13688 (March 13, 2008) In particular, DOE sought to verify the 

estimates of the percentage of consumers purchasing efficient lighting equipment and the extent 

to which consumers will continue to purchase more-efficient equipment in future years. DOE 

received no such data in response to the ANOPR but continues to request such data in today’s 

proposed rule. 

 DOE believes that there is a lack of consumer information and/or information processing 

capability about energy efficiency opportunities in the lighting market. If this is the case, DOE 

would expect the efficiency for lighting products to be randomly distributed across key variables 

such as electricity prices and usage levels. Although DOE has identified the percentage of 

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consumers that already purchase more-efficient lighting products, DOE does not correlate the 

consumers’ usage pattern and electricity price with the efficiency of the purchased product. In 

its ANOPR, DOE sought data on the correlation between the efficacy of existing lamps, usage 

patterns (e.g., how many hours the product is used), and its associated electricity price 

(geographic region of the country). 73 FR 13620, 13688 (March 13, 2008) DOE received no 

such data from interested parties in response to the ANOPR but continues to request this data in 

today’s proposed rule. DOE plans to use these data to test the extent to which purchasers of this 

equipment behave as if they are unaware of the costs associated with their energy consumption. 

DOE believes several factors contribute to the lack of consumer information for lighting 

products. In the residential sector, consumers that base purchases on wattage rather than lumen 

output may reject higher efficacy or energy-saving lamp designs. For example, consumers may 

not recognize that a higher efficacy, reduced-wattage lamp fulfills the same utility as a higherwattage lamp, although both lamps may have similar lumen outputs. For this reason, higherefficiency products may be unduly rejected in the marketplace. In the commercial and industrial 

sectors, the complexity of GSFL systems may introduce high information costs. GSFL systems 

are composed of lamps and ballasts with a multitude of varying properties, such as lamp wattage, 

lumen output, lifetime, and ballast factor. These variables impose high information costs which 

may prevent purchasers from selecting the most cost-effective GSFL system. In its ANOPR, 

DOE sought comment on the potential for the Federal ENERGY STAR program to increase 

consumer knowledge of the availability and benefits of energy-efficient lamps. DOE received no 

data in response to the ANOPR but continues to request this data in today’s proposed rule. 

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A related issue is the problem of asymmetric information (one party to a transaction has 

more and better information than the other) and/or high transactions costs (costs of gathering 

information and effecting exchanges of goods and services). In many instances, the party 

responsible for the lamp purchase may not pay to operate it. For example, in the commercial and 

industrial sectors, building owners and developers may make purchasing decisions about lighting 

fixtures that include ballasts and lamps, but tenants pay the utility bills. Although renters often 

have the opportunity to purchase replacement lamps, renters are severely limited in their choices 

by prior fixture and ballast selections. The separation of fixture purchases and payment for the 

operating costs imposes transaction costs on the renter. If there were no transactions costs, 

building developers and owners would install the lighting fixtures renters would choose on their 

own. For example, a tenant who knowingly faces higher utility bills from low-efficacy lighting 

would be willing to pay less in rent, and the building owner would indirectly bear the higher 

utility cost. However, this information is not costless, and it may not be in the interest of the 

renter to take the time to develop the knowledge of the higher operating cost of low-efficacy 

lighting. Similarly, it may not be in the interest of the building owner who installs lighting 

systems to convey operating cost information to the renter. 

 DOE did not receive any data that would enable it to conduct tests of market failure in 

response to the March 2008 ANOPR. DOE would not expect a correlation between higher rents 

for office space with high-efficacy lighting systems if there were a market failure due to 

asymmetric information and/or high transactions costs. If there were symmetric information 

with low transaction costs, renters would be fully knowledgeable about the lower operating costs 

of high-efficacy lighting systems and would compensate owners for their reduced costs. 

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 This proposed rulemaking is likely to yield certain external benefits resulting from 

improved energy efficiency of GSFL and IRL that are not captured by the users of such products. 

These benefits include externalities related to environmental protection and energy security 

which are not reflected in energy prices, such as reduced emissions of greenhouse gases. The 

emissions reductions in today’s proposed rule are projected to be 184 to 395 MMt and 59 to 114 

MMT of CO2 for GSFL and IRL, respectively, and 12 to 623 kt, 4 to 181 kt of NOx, for GSFL 

and IRL, respectively. In addition, today’s proposed rule is projected to result in Hg emissions 

reduction of up to 7 metric tons and 2 metric tons for GSFL and IRL, respectively. DOE invites 

comments on the weight that DOE should place on these factors in determining the maximum 

energy efficacy level at which the total benefits are likely to exceed the total burdens resulting 

from an amended standard. 

 As previously stated, DOE generally seeks data that might enable it to conduct tests of 

market failure for products under consideration for standard-setting. For example, given 

adequate data, there are ways to test for the extent of market failure for commercial GSFL. One 

would expect the owners of fluorescent lamps who also pay for their electricity consumption to 

purchase more-efficient lamps compared to owners who do not pay for their electricity usage. 

To test for this form of market failure, DOE needs data on energy efficiency of such units and 

whether the owner of the equipment also pays the operating costs. DOE is also interested in 

other potential tests of market failure and data that would enable such tests. 

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DOE conducted a regulatory impact analysis (RIA) and, under the Executive Order, was 

subject to review by OIRA. DOE presented to OIRA for review the draft proposed rule and 

other documents prepared for this rulemaking, including the RIA, and has included these 

documents in the rulemaking record. They are available for public review in the Resource Room 

of the Building Technologies Program, 950 L’Enfant Plaza, SW, 6th Floor, Washington, DC 

20024, (202) 586-9127, between 9:00 a.m. and 4:00 p.m., Monday through Friday, except 

Federal holidays. 

 The RIA is contained in the TSD as a separate report. The RIA consists of: (1) a 

statement of the problem addressed by this regulation, and the mandate for government action; 

(2) a description and analysis of the feasible policy alternatives to this regulation; (3) a 

quantitative comparison of the impacts of the alternatives; and (4) the national economic impacts 

of the proposed standard. 

 The RIA calculates the effects of feasible policy alternatives to energy conservation 

standards for GSFL and IRL and provides a quantitative comparison of the impacts of the 

alternatives. DOE identified the following major policy alternatives for achieving increased 

energy efficiency in GSFL and IRL: 

No new regulatory action 

Consumer rebates 

Consumer tax credits 

Manufacturer tax credits 

Voluntary energy-efficiency targets 

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Bulk government purchases 

Early replacement 

The proposed energy conservation standards 

 DOE evaluated each alternative’s ability to achieve significant energy savings at 

reasonable costs (Table VII.1 and Table VII.2) and compared it to the effectiveness of the 

proposed rule. DOE analyzed these alternatives using a series of regulatory scenarios as inputs 

to the NIA spreadsheets for the two products, which it modified to allow inputs for voluntary 

measures. 

Table VII.1 GSFL National Energy Savings and Net Present Value of Non-Regulatory 

Alternatives Compared to the Proposed Standards 

Policy Alternatives1 National Energy 

Savings (quads)

Net Present Value (billion $2007)

7% Discount Rate 3% Discount Rate 

No New Regulatory Action 0 0 0 

Consumer Rebates 1.33-1.74 1.93-2.67 4.72-6.58 

Consumer Tax Credits 0.63-0.83 1.13-1.33 2.47-3.17 

Manufacturer Tax Credits 0.35-0.44 0.68-0.73 1.49-1.64 

Voluntary Energy 

Efficiency Targets 

1.09-1.44 1.54-2.10 3.83-5.19 

Bulk Government 

Purchases 

1.21-1.61 1.69-2.36 4.23-5.82 

Proposed Standards2 3.15-7.12 3.15-10.75 8.73-24.87 

Notes: 

1 NPV discounted to 2007; Non-regulatory alternatives encourage purchases of GSFL at TSL 3. 

Table VII.2 IRL National Energy Savings and Net Present Value of Non-Regulatory 

Alternatives Compared to the Proposed Standards 

Policy Alternatives1 National Energy 

Savings (quads)

Net Present Value (billion $2007)

7% Discount Rate 3% Discount Rate 

No New Regulatory Action 0 0 0 

Consumer Rebates 0.52-0.69 1.52-1.89 3.19-3.97 

Consumer Tax Credits 0.32-0.42 0.96-1.17 1.97-2.44 

Manufacturer Tax Credits 0.16-0.21 0.53-0.64 1.05-1.28 

Voluntary Energy 

Efficiency Targets 

0.26-0.45 0.83-1.28 1.65-2.59 

Bulk Government 

Purchases 

0.04-0.24 0.23-0.72 0.32-1.33 

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Proposed Standards 1.25-2.21 3.72-6.00 7.68-12.45 

Notes: 

1 NPV discounted to 2007, Non-regulatory alternatives encourage purchases of IRL at TSL 4. 

 The results for each scenario are reported at the TSLs proposed by DOE in this 

rulemaking; they are TSL 3 for GSFL and TSL 4 for IRL. For GSFL, the range presented results 

from the effects of applying the lighting expertise scenario discussed in section V.E.4.b, The 

lower end of the range represents the Emerging Technologies, market-segment based lighting 

expertise scenario. In contrast, the upper end of the range for GSFL represents the Existing 

Technologies, high-lighting expertise scenario. For IRL, the range of impacts results from the 

two base-case shipment scenarios analyzed in the NIA. The lower end of the range for IRL 

represents the Emerging Technologies scenario, whereas the upper end of the range represents 

the Existing Technologies scenario. 

DOE did not analyze one of the policy alternatives (early replacement), because, as 

discussed below, DOE believes that the lifetimes of the lamps analyzed are too short for early 

replacement to result in significant savings. In overview, of the other alternatives that DOE 

examined, none would save as much energy nor have an NPV as high as the proposed standards. 

Also, some of the alternatives would require new enabling legislation (e.g., consumer or 

manufacturer tax credits), as authority to carry out those alternatives does not presently exist. 

The following paragraphs summarize each policy alternative. Additional details can be found in 

the regulatory impact analysis report of the TSD. 

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 No New Regulatory Action. The case in which DOE takes no regulatory action 

regarding GSFL and IRL is the base case (or no action) scenario. Because this is the base case, 

energy savings and NPV for GSFL and IRL are zero by definition. In this case, between 2012 

and 2042, as determined in the NIA energy consumption for GSFL is expected to range from 

82.16 to 94.73 quads of primary energy and energy consumption for IRL is expected to range 

from 5.64 to 10.52 quads of primary energy. 

 Consumer Rebates. Consumer rebates cover a portion of the difference in incremental 

product price between products meeting baseline efficacy levels and those meeting higher 

efficacy levels, resulting in a higher percentage of consumers purchasing more efficient models. 

For GSFL, DOE estimated the impact of improving the simple payback through a rebate that 

paid 70 percent of the incremental product price. DOE based the 70-percent rebate on existing 

utility rebate programs for replacing a T12 lamp with a T8 lamp or upgrading an existing T8 

lamp to a more-efficacious T8 GSFL.105 DOE studied each program and found that the average 

rebate amounted to about 70 percent of the incremental product price for GSFL. DOE assumed 

that the consumer rebate policy would reduce the incremental product price for IRL during the 

analysis period by the same percentage. DOE calculated the simple payback period of each 

higher efficacy lamp, both with and without the rebate. Then by using the market penetration 

curves discussed in section V.E.2.c, DOE estimated percent market adoption of a technology as a 

function of technology simple payback. The difference between the market penetration with and 

without the rebate was assumed to represent the market share that would participate in a 

consumer rebate program. For both GSFL and IRL, DOE assumed that the impact of this policy 

 

105 DOE averaged the rebates from utility programs across the United States, including NSTAR, Pacific Gas & 

Electric, Xcel, Idaho Power and Light, Duke Energy, and Alliant. (See the RIA to the TSD for additional detail.) 

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would be to permanently transform the market so that the increased market penetration seen in 

the first year of the program would be maintained throughout the forecast period. 

At the estimated participation rates for GSFL, DOE calculated that consumer rebates 

would provide between 1.33 and 1.74 quads of national energy savings and an NPV between 

$1.93 and $2.67 billion (at a 7-percent discount rate). For IRL, DOE calculated that consumer 

rebates at the estimated participation rates would provide between 0.52 and 0.69 quads of 

national energy savings and an NPV between $1.52 and $1.89 billion (at a 7-percent discount 

rate). 

Although DOE estimated that consumer rebates would provide national benefits for 

GSFL and IRL products, these benefits would be smaller than the benefits resulting from the 

proposed energy conservation standards. Thus, DOE rejected consumer rebates as a policy 

alternative to energy conservation standards. 

 Consumer Tax Credits. Consumer tax credits cover a percentage of the difference in 

incremental product price between products meeting baseline efficacy levels and those with 

higher efficiencies. Consumer tax credits are considered a viable non-regulatory market 

transformation program, as the inclusion of Federal consumer tax credits in EPACT 2005 for 

various residential appliances shows. (section 1333 of EPACT 2005; codified at 26 U.S.C. 25C)

DOE assumed a consumer tax credit equivalent to the amount covered by rebates (i.e., 70 percent 

of the difference in incremental product price between the base case and higher-efficacy 

products). 

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 DOE estimated that for both lamp types, the consumer participation rate for tax credits 

would be lower than the rate of participation in consumer rebates. Research on tax credits has 

shown that the time delay to the consumer in receiving a reimbursement through a tax credit, 

plus the added transaction costs in tax-return preparation, make the tax credit incentive less 

effective than a rebate received at the time of purchase. Based on previous analyses, DOE 

assumed that only 60 percent as many consumers would take advantage of the tax credit as 

would take advantage of a rebate. DOE assumed the impact of the policy would be to 

permanently transform the market at this market penetration level. 

For GSFL, at the estimated participation rate, consumer tax credits would provide 

national energy savings between 0.63 and 0.83 quads and an NPV between $1.13 and $1.33 

billion (at a 7-percent discount rate). At the estimated participation rates for IRL, consumer tax 

credits would provide between 0.32 and 0.42 quads of national energy savings and an NPV 

between $0.96 and $1.17 billion (at a 7-percent discount rate). DOE estimated that while 

consumer tax credits would yield national benefits for GSFL and IRL, these benefits would be 

much smaller than the benefits from the proposed energy conservation standards. Thus, DOE 

rejected consumer tax credits as a policy alternative to energy conservation standards. 

Manufacturer Tax Credits. Manufacturer tax credits are considered a viable nonregulatory market transformation program, as the inclusion of Federal tax credits in EPACT 

2005 for manufacturers of residential appliances shows. (section 1334 of EPACT 2005; codified 

at 26 U.S.C. 45M) Similar to consumer tax credits, manufacturer tax credits would effectively 

result in lower product prices for consumers by an amount that covered part of the incremental 

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product price difference between products meeting baseline efficacy levels and those meeting 

higher efficacy levels. Because these tax credits would go to manufacturers instead of 

consumers, fewer consumers would be affected by a manufacturer tax credit program than by 

consumer tax credits.106,107 Although consumers would benefit from price reductions passed 

through to them by manufacturers, approximately half the consumers who would benefit from a 

consumer tax credit program would be aware of the economic benefits of more-efficient 

technologies included in an appliance manufacturer tax credit program. Therefore, DOE 

estimated that the effect of a manufacturer tax credit program would be only half of the 

maximum impact of a consumer tax credit program. For both GSFL and IRL, DOE assumed that 

this policy would permanently transform the market so that the increased market penetration 

seen in the first year of the program would be maintained throughout the forecast period. 

At the estimated participation rates for GSFL, DOE calculated that manufacturer tax 

credits would provide between 0.35 and 0.44 quads of national energy savings and an NPV 

between $0.68 and $0.73 billion (at a 7-percent discount rate). For IRL, DOE estimated national 

energy savings between 0.16 and 0.21 quads and an NPV between $0.53 and $0.64 billion (at a 

7-percent discount rate). DOE estimated that while manufacturer tax credits would yield 

national benefits for GSFL and IRL, these benefits would be much smaller than the benefits from 

the proposed energy conservation standards. Thus, DOE rejected manufacturer tax credits as a 

policy alternative to energy conservation standards. 

 

106 Kenneth Train, Customer Decision Study: Analysis of Residential Customer Equipment Purchase Decisions

(Prepared for Southern California Edison by Cambridge Systematics, Pacific Consulting Services, The Technology 

Applications Group, and California Survey Research Services)(1994). 

107 Lawrence Berkeley National Laboratory, End-Use Forecasting Group, Analysis of Tax Credits for Efficient 

Equipment (1997). Available at: http://enduse.lbl.gov/Projects/TaxCredits.html (Last accessed April 24, 2008). 

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Voluntary Energy Efficiency Targets. DOE estimated the impact of a voluntary energy 

efficiency program by reviewing the historical and projected market transformation performance 

of past and current ENERGY STAR programs. The Environmental Protection Agency (EPA) 

introduced the Green Lights program in January of 1991. Green Lights was a voluntary (nonregulatory) program tasked with a goal of reducing air pollution by promoting energy-efficient 

lighting. Companies that elected to participate installed energy-efficient lighting where it proved 

to be cost-effective (as long as lighting quality was not diminished). In return, the EPA provided 

technical assistance and public recognition. In a similar effort, the EPA launched the ENERGY 

STAR program in 1992 as a voluntary labeling program to help consumers identify the most 

energy-efficient products on the market. In 1995, Green Lights became a part of the ENERGY 

STAR program.108

 In order to determine how a lighting market would respond to a voluntary energy 

program, DOE analyzed the success of the Green Lights program in the 1990s. One of the 

significant results of the Green Lights program was demonstrated in its initiative to encourage 

consumers to purchase higher-efficiency electronic ballasts over less-efficient magnetic ballasts. 

As a result of this initiative, electronic ballasts began to enter the market in increasing numbers. 

A study that analyzed the impact of public programs on fluorescent ballast shipments concluded 

that of all the electronic ballasts shipped between 1986 and 2000, 61 percent were due to this 

public program.109 DOE used data from the US Census to calculate the percent of the market 

 

108 Available at: http://www.energystar.gov/index.cfm?c=about.ab_milestones. 109 Horowitz, Marvin J., “Economic Indicators of Market Transformation: Energy Efficient Lighting and EPA's 

Green Lights,” Energy Journal, Vol. 22, No. 4, (2001) pp. 95-122. 

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that opted to use more efficient ballasts as a result of a voluntary program. Based on this 

analysis, DOE concluded that 20 percent of the market would shift to more-efficient products as 

a result of a voluntary energy efficiency program. DOE assumed this participation rate would be 

the same for both GSFL and IRL. DOE also assumed that the impact of this policy would be to 

permanently transform the market so that the increased market penetration seen in the first year 

of the program would be maintained throughout the forecast period. 

For GSFL, DOE estimated that voluntary energy efficiency targets would provide 

between 1.09 and 1.44 quads of national energy savings and an NPV between $1.54 and $2.10 

billion (at a 7-percent discount rate). For IRL, DOE estimated national energy savings between 

0.26 and 0.45 quads and an NPV between $0.83 and $1.28 billion (at a 7-percent discount rate). 

DOE estimated that while voluntary energy-efficiency targets would yield national benefits for 

GSFL and IRL, these benefits would be much smaller than the benefits from the proposed energy 

conservation standards. Thus, DOE rejected voluntary energy efficiency targets as a policy 

alternative to energy conservation standards. 

Early Replacement. The early replacement policy alternative envisions a program to 

replace old, inefficient units with models meeting efficacy levels higher than baseline equipment. 

DOE did not model this alternative because the lifetimes of GSFL and IRL are very short (on the 

order of 1 to 5 years), so the savings would not be very great. Early replacement policies are 

generally beneficial for products with long lifetimes (e.g., washers and dryers, furnaces) and that 

represent a significant upfront investment, neither of which apply to GSFL and IRL. 

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Bulk Government Purchases. Under this policy alternative, the government sector would 

be encouraged to shift its purchases to products that meet the target efficacy levels. DOE 

assumed that Federal, State, and local government agencies would administer such a program. 

DOE modeled this program by assuming an increase in the installation of equipment meeting 

higher efficacy levels for those locations where government agencies purchase or influence the 

purchase of appliances. 

Similar to previous analysis, DOE used floor space data from CBECS 2003 to derive the 

proportion of government-owned floor space to total commercial floor space, which is 21.4 

percent. DOE assumed that the portion of government-owned floor space is proportional to the 

portion of government lamp purchases. DOE then added a 1.4 percent market-pull impact to 

arrive at a conservative 22.8 percent market penetration rate.110 Bulk government purchases 

will not affect the residential market as DOE believes that most government-owned buildings are 

in the commercial sector.. DOE assumed that the impact of this policy would be to permanently 

transform the market so that the increased market penetration seen in the first year of the 

program would be maintained throughout the forecast period. 

 At the above estimated participation rates, the bulk government purchases scenario would 

provide between 1.21 and 1.61 quads of national energy savings and an NPV between $1.69 and 

$2.36 billion (at a 7-percent discount rate) for GSFL, and between 0.04 and 0.24 quads of 

national energy savings and an NPV between $0.23 and $0.72 billion (at a 7-percent discount 

 

110 U.S. Department of Energy, Regulatory Impact Analysis: Energy Conservation Standards for Consumer 

Products, Covering: Fluorescent Lamp Ballasts (Oct. 1999). Available at: 

http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/regulatory_impact.pdf. 

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rate) for IRL. DOE estimated that while bulk government purchases would yield national 

benefits for GSFL and IRL, these benefits would be much smaller than the benefits from the 

proposed energy conservation standards. Thus, DOE rejected voluntary energy efficiency targets 

as a policy alternative to energy conservation standards. 

 

 Energy Conservation Standards. As indicated in the paragraphs above, none of the 

alternatives DOE examined would save as much energy as the proposed energy conservation 

standards. Therefore, DOE proposes to adopt the efficacy levels listed in section VI.C 

B. Review Under the Regulatory Flexibility Act

 The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial 

regulatory flexibility analysis (IRFA) for any rule that by law must be proposed for public 

comment, unless the agency certifies that the rule, if promulgated, will not have a significant 

economic impact on a substantial number of small entities. As required by Executive Order 

13272, Proper Consideration of Small Entities in Agency Rulemaking, 67 FR 53461 (August 16, 

2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential 

impacts of its rules on small entities are properly considered during the rulemaking process. 68 

FR 7990. DOE has made its procedures and policies available on the Office of the General 

Counsel’s website at www.gc.doe.gov. 

 DOE reviewed today’s proposed rule under the provisions of the Regulatory Flexibility 

Act and the procedures and policies published on February 19, 2003. 68 FR 7990. A regulatory 

flexibility analysis examines the impact of the rule on small entities and considers alternative 

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ways of reducing negative impacts. DOE identified producers of all products covered by this 

rulemaking which have manufacturing facilities located within the United States. DOE then 

looked at publicly-available data and contacted manufacturers, as necessary, to determine if they 

meet the Small Business Administration (SBA) definition of a small manufacturing facility. 

 In the context of this rulemaking, “small businesses,” as defined by the SBA, for the 

GSFL and IRL manufacturing industries, are manufacturing enterprises with 1,000 employees or 

fewer. DOE used the small business size standards published on March 11, 2008, as amended, by 

the SBA to determine whether any small entities would be required to comply with the rule. 61 

FR 3286 (codified at 13 CFR part 121). The size standards are listed by North American 

Industry Classification System (NAICS) code and industry description. GSFL and IRL 

manufacturing is classified under NAICS 335110, “Electric Lamp Bulb and Part 

Manufacturing,” which sets a threshold of 1,000 employees or less for an entity in this category 

to be considered a small business. 

 In overview, the GSFL and IRL industries include both domestic and international 

manufacturers. The majority of covered GSFL and IRL are manufactured by three large 

companies, with a small percentage of the market being manufactured by either large or small 

companies that are primarily specialized in lamps not covered by this rulemaking. Prior to 

issuing this notice of proposed rulemaking, DOE interviewed one small business affected by the 

rulemaking. DOE also obtained information about small business impacts while interviewing 

manufacturers that exceeded the small business size threshold of 1,000 employees. 

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To better assess the potential impacts of this rulemaking on small entities, DOE 

proceeded to conduct a more focused inquiry, as explained below. During its market survey, 

DOE created a list of every company that manufactures covered and non-covered GSFL and IRL 

for sale in the United States. DOE also asked stakeholders and industry representatives if they 

were aware of any other small manufacturers. DOE then reviewed publicly-available data and 

contacted companies on its list, as necessary, to determine whether they met the SBA’s definition 

of a small business manufacturer in the GSFL or IRL industries. In total, DOE contacted 57 

companies that could potentially be small businesses. During initial review of the 57 companies 

in its list, DOE either contacted or researched each company to determine if it sold covered 

GSFL and IRL. Based on its research, DOE screened out companies that did not offer lamps 

covered by this rulemaking. Consequently, DOE estimated that only 12 out of 57 companies 

listed were potentially small business manufacturers of covered products. DOE contacted these 

potential small business manufacturers to request an interview about the possible impacts on 

small business manufacturers. Of the 12 potential small business manufacturers, four agreed to 

be interviewed. Based on its initial screening and subsequent interviews, DOE identified only 

one company as a small business manufacturer based on SBA’s definition of a small business 

manufacturer for this industry. The small business manufacturer that DOE identified only 

produces covered GSFL products. 

DOE found that the small manufacturer of covered GSFL shared some of the same 

concerns about energy conservation standards as large manufacturers. DOE summarized the key 

issues in section V.G.4.a of today’s notice. However, the small manufacturer was less concerned 

about the potential of standards to severely harm its business. Because the small manufacturer is 

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more focused on specialty products not covered by this rulemaking, covered GSFL represents a 

smaller portion of its revenue and product portfolio. In addition, this manufacturer stated that it 

is possible to pass along cost increases to consumers, thereby limiting margin impacts due to 

energy conservation standards. 

DOE could not use the GSFL GRIM to model the impacts of energy conservation 

standards on the small business manufacturer of covered GSFL. The GSFL GRIM models the 

impacts on GSFL manufacturers if concerns about margin pressure and significant capital 

investments necessitated by standards are realized. The small manufacturer did not share these 

concerns, and, therefore, the GRIM model would not be representative of the identified small 

business manufacturer. Like large manufacturers, the small business manufacturer stated that 

more-efficient products earn a premium; however, unlike larger manufacturers, the small 

manufacturer stated that it could pass costs along to its customers. Since the GSFL GRIM 

models the financial impact of the standards commoditizing premium products, it is not 

representative of the small business manufacturer because the small business manufacturer did 

not share these concerns. Because of its focus on specialized products, the small manufacturer 

was more concerned about being able to offer the products to their customers than the impact on 

its bottom line. For further information about the scenarios modeled in the GRIM, see section 

VI.B.2.a of today’s notice and chapter 13 of the TSD. 

DOE seeks further comment on how small businesses could be impacted by standards on 

GSFL and IRL. 

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 DOE reviewed the standard levels considered in today’s notice of proposed rulemaking 

under the provisions of the Regulatory Flexibility Act and the procedures and policies published 

on February 19, 2003. On the basis of the foregoing, DOE certifies that this proposed rule, if 

promulgated, would not have a significant economic impact on a substantial number of small 

entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. 

DOE’s certification and supporting statement of factual basis will be provided to the Chief 

Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b). 

C. Review Under the Paperwork Reduction Act

 Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), a person is 

not required to respond to a collection of information by a Federal agency, including a 

requirement to maintain records, unless the collection displays a valid OMB control number. (44 

U.S.C. 3506(c)(1)(B)(iii)(V)) This rulemaking would impose no new information or record 

keeping requirements. Accordingly, OMB clearance is not required under the PRA. 

D. Review Under the National Environmental Policy Act 

DOE has prepared a draft environmental assessment (EA) of the impacts of the proposed 

rule pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 

regulations of the Council on Environmental Quality (40 CFR Parts 1500–1508), and DOE’s 

regulations for compliance with the National Environmental Policy Act (10 CFR Part 1021). 

This assessment includes an examination of the potential effects of emission reductions likely to 

result from the rule in the context of global climate change, as well as other types of 

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environmental impacts. The draft EA has been incorporated into the TSD. Before issuing a final 

rule for GSFL and IRL, DOE will consider public comments and, as appropriate, determine 

whether to issue a finding of no significant impact as part of a final EA or to prepare an 

environmental impact statement (EIS) for this rulemaking. 

E. Review Under Executive Order 13132

 Executive Order 13132, "Federalism," 64 FR 43255 (August 4, 1999) imposes certain 

requirements on agencies formulating and implementing policies or regulations that preempt 

State law or that have Federalism implications. Agencies are required to examine the 

constitutional and statutory authority supporting any action that would limit the policymaking 

discretion of the States and carefully assess the necessity for such actions. The Executive Order 

also requires agencies to have an accountable process to ensure meaningful and timely input by 

State and local officials in the development of regulatory policies that have Federalism 

implications. On March 14, 2000, DOE published a statement of policy describing the 

intergovernmental consultation process it will follow in the development of such regulations. 65 

FR 13735. DOE has examined today's proposed rule and has determined that it would not have a 

substantial direct effect on the States, on the relationship between the national government and 

the States, or on the distribution of power and responsibilities among the various levels of 

government. EPCA governs and prescribes Federal preemption of State regulations on energy 

conservation for the products that are the subject of today’s proposed rule. States can petition 

DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. 

(42 U.S.C. 6297(d) and 6316(b)(2)(D)) No further action is required by Executive Order 13132. 

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F. Review Under Executive Order 12988

 With respect to the review of existing regulations and the promulgation of new 

regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform” (61 FR 4729 (Feb. 7, 

1996)) imposes on Executive agencies the general duty to adhere to the following requirements: 

(1) eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) 

provide a clear legal standard for affected conduct rather than a general standard and promote 

simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires 

that Executive agencies make every reasonable effort to ensure that the regulation: (1) clearly 

specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or 

regulation; (3) provides a clear legal standard for affected conduct while promoting 

simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses other important issues affecting clarity and general 

draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive 

Order 12988 requires Executive agencies to review regulations in light of applicable standards in 

section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one 

or more of them. DOE has completed the required review and determined that, to the extent 

permitted by law, this proposed rule meets the relevant standards of Executive Order 12988. 

G. Review Under the Unfunded Mandates Reform Act of 1995

DOE reviewed this regulatory action under Title II of the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104-4) (UMRA), which requires each Federal agency to assess the effects 

of Federal regulatory actions on State, local and Tribal governments and the private sector. For a 

proposed regulatory action likely to result in a rule that may cause the expenditure by State, 

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local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more 

in any one year (adjusted for inflation), section 202 of UMRA requires an agency to publish a 

written statement assessing the costs, benefits, and other effects of the rule on the national 

economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an 

effective process to permit timely input by elected officers of State, local, and Tribal 

governments on a proposed “significant intergovernmental mandate,” and requires an agency 

plan for giving notice and opportunity for timely input to potentially affected small governments 

before establishing any requirements that might significantly or uniquely affect small 

governments. On March 18, 1997, DOE published a statement of policy on its process for 

intergovernmental consultation under UMRA (62 FR 12820) (also available at 

http://www.gc.doe.gov). Although today’s proposed rule does not contain a Federal 

intergovernmental mandate, it may impose expenditures of $100 million or more on the private 

sector. 

Section 202 of UMRA authorizes an agency to respond to the content requirements of 

UMRA in any other statement or analysis that accompanies the proposed rule. 2 U.S.C. 1532(c). 

The content requirements of section 202(b) of UMRA relevant to a private sector mandate 

substantially overlap the economic analysis requirements that apply under section 325(o) of 

EPCA and Executive Order 12866. The Supplementary Information section of the notice of 

proposed rulemaking and the “Regulatory Impact Analysis” section of the TSD for this proposed 

rule respond to those requirements. 

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Under section 205 of UMRA, the Department is obligated to identify and consider a 

reasonable number of regulatory alternatives before promulgating a rule for which a written 

statement under section 202 is required. DOE is required to select from those alternatives the 

most cost-effective and least burdensome alternative that achieves the objectives of the rule 

unless DOE publishes an explanation for doing otherwise or the selection of such an alternative 

is inconsistent with law. As required by 42 U.S.C. 6295(i) and (o), today’s proposed rule would 

establish energy conservation standards for GSFL and IRL that are designed to achieve the 

maximum improvement in energy efficiency that DOE has determined to be both technologically 

feasible and economically justified. A full discussion of the alternatives considered by DOE is 

presented in the “Regulatory Impact Analysis” section of the TSD for today’s proposed rule. 

H. Review Under the Treasury and General Government Appropriations Act, 1999

 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 

105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that 

may affect family well-being. This proposed rule would not have any impact on the autonomy 

or integrity of the family as an institution. Accordingly, DOE has concluded that it is not 

necessary to prepare a Family Policymaking Assessment. 

I. Review Under Executive Order 12630

 DOE has determined under Executive Order 12630, “Governmental Actions and 

Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), 

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that this regulation would not result in any taking that would require compensation under the 

Fifth Amendment to the U.S. Constitution. 

J. Review Under the Treasury and General Government Appropriations Act, 2001

 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 

U.S.C. 3516 note) provides for agencies to review most disseminations of information to the 

public under guidelines established by each agency pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE’s guidelines 

were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed today’s proposed rule under 

the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in 

those guidelines. 

K. Review Under Executive Order 13211

 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect 

Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to 

prepare and submit to OIRA at OMB, a Statement of Energy Effects for any proposed significant 

energy action. A “significant energy action” is defined as any action by an agency that 

promulgates or is expected to lead to promulgation of a final rule, and that: (1) is a significant 

regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have 

a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by 

the Administrator of OIRA as a significant energy action. For any proposed significant energy 

action, the agency must give a detailed statement of any adverse effects on energy supply, 

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distribution, or use should the proposal be implemented, and of reasonable alternatives to the 

action and their expected benefits on energy supply, distribution, and use. 

 Today’s regulatory action is not a “significant energy action” because it would not have a 

significant adverse effect on the supply, distribution, or use of energy, nor has it been designated 

as such by the Administrator of OIRA. Accordingly, DOE has not prepared a Statement of 

Energy Effects. 

L. Review Under the Information Quality Bulletin for Peer Review 

On December 16, 2004, OMB, in consultation with the Office of Science and Technology 

Policy (OSTP), issued its “Final Information Quality Bulletin for Peer Review” (the Bulletin). 

70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that certain scientific information shall be 

peer reviewed by qualified specialists before it is disseminated by the Federal government, 

including influential scientific information related to agency regulatory actions. The purpose of 

the Bulletin is to enhance the quality and credibility of the Government’s scientific information. 

Under the Bulletin, the energy conservation standards rulemaking analyses are “influential 

scientific information,” which the Bulletin defines as “scientific information the agency 

reasonably can determine will have, or does have, a clear and substantial impact on important 

public policies or private sector decisions.” 70 FR 2664, 2667 (Jan. 14, 2005). 

 In response to OMB’s Bulletin, DOE conducted formal peer reviews of the energy 

conservation standards development process and analyses, and has prepared a Peer Review 

Report pertaining to the energy conservation standards rulemaking analyses. Generation of this 

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report involved a rigorous, formal, and documented evaluation process using objective criteria 

and qualified and independent reviewers to make a judgment as to the 

technical/scientific/business merit, the actual or anticipated results, and the productivity and 

management effectiveness of programs and/or projects. The “Energy Conservation Standards 

Rulemaking Peer Review Report,” dated February 2007, has been disseminated and is available 

at: www.eere.energy.gov/buildings/appliance_standards/peer_review.html. 

VIII. Public Participation 

A. Attendance at Public Meeting

 DOE will hold a public meeting on Tuesday, February 3, 2009, from 9 

a.m. to 5 p.m., in Washington, DC. The public meeting will be held at the U.S. Department of 

Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW, Washington, DC 

20585. To attend the public meeting, please notify Ms. Brenda Edwards at (202) 586-2945 or 

Brenda.Edwards@ee.doe.gov. As explained in the ADDRESSES section, foreign nationals 

visiting DOE Headquarters are subject to advance security screening procedures. 

B. Procedure for Submitting Requests to Speak

 Any person who has an interest in today's notice, or who is a representative of a group or 

class of persons that has an interest in these issues, may request an opportunity to make an oral 

presentation. Such persons may hand-deliver requests to speak, along with a computer diskette 

or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format, to the address shown 

in the ADDRESSES section at the beginning of this notice of proposed rulemaking between the 

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hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. Requests 

may also be sent by mail, or by e-mail to Brenda.Edwards@ee.doe.gov. 

 Persons requesting to speak should briefly describe the nature of their interest in this 

rulemaking and provide a telephone number for contact. DOE requests that persons scheduled to 

make an oral presentation submit an advance copy of their statements at least one week before 

the public meeting. At its discretion, DOE may permit any person who cannot supply an 

advance copy of their statement to make a presentation, if that person has made advance 

alternative arrangements with the Building Technologies Program. The request to give an oral 

presentation should ask for such alternative arrangements. 

C. Conduct of Public Meeting

 DOE will designate a DOE official to preside at the public meeting and may also use a 

professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type 

public hearing, but DOE will conduct it in accordance with 5 U.S.C. 553 and section 336 of 

EPCA (42 U.S.C. 6306). A court reporter will be present to record the proceedings and prepare 

a transcript. DOE reserves the right to schedule the order of presentations and to establish the 

procedures governing the conduct of the public meeting. After the public meeting, interested 

parties may submit further comments on the proceedings, as well as on any aspect of the 

rulemaking until the end of the comment period. 

 The public meeting will be conducted in an informal, conference style. DOE will present 

summaries of comments received before the public meeting, allow time for presentations by 

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EE-2006-STD-0131 COMMENT 31.2
participants, and encourage all interested parties to share their views on issues affecting this 

rulemaking. Each participant will be allowed to make a prepared general statement (within time 

limits determined by DOE), before the discussion of specific topics. DOE will permit other 

participants to comment briefly on any general statements. 

 At the end of all prepared statements on a topic, DOE will permit participants to clarify 

their statements briefly and comment on statements made by others. Participants should be 

prepared to answer questions by DOE and by other participants concerning these issues. DOE 

representatives may also ask questions of participants concerning other matters relevant to this 

rulemaking. The official conducting the public meeting will accept additional comments or 

questions from those attending, as time permits. The presiding official will announce any further 

procedural rules or modification of the above procedures that may be needed for the proper 

conduct of the public meeting. 

 DOE will make the entire record of this proposed rulemaking, including the transcript 

from the public meeting, available for inspection at the U.S. Department of Energy, Resource 

Room of the Building Technologies Program, 950 L’Enfant Plaza, SW., Washington, DC 20024, 

(202) 586-2945, between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 

holidays. Any person may buy a copy of the transcript from the transcribing reporter. 

D. Submission of Comments

 DOE will accept comments, data, and information regarding the proposed rule before or 

after the public meeting, but no later than the date provided at the beginning of this notice of 

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EE-2006-STD-0131 COMMENT 31.2
proposed rulemaking. Information submitted should be identified by docket number EE–2006–

STD–0131 and/or RIN 1904– AA92.Comments, data, and information submitted to DOE’s email 

address for this rulemaking should be provided in WordPerfect, Microsoft Word, PDF, or text 

(ASCII) file format. Stakeholders should avoid the use of special characters or any form of 

encryption and, wherever possible, comments should carry the electronic signature of the author. 

Comments, data, and information submitted to DOE via mail or hand delivery/courier should 

include one signed paper original. No telefacsimiles (faxes) will be accepted. 

 Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to 

be confidential and exempt by law from public disclosure should submit two copies: one copy of 

the document including all the information believed to be confidential, and one copy of the 

document with the information believed to be confidential deleted. DOE will make its own 

determination about the confidential status of the information and treat it according to its 

determination. 

 Factors of interest to DOE when evaluating requests to treat submitted information as 

confidential include: (1) A description of the items; (2) whether and why such items are 

customarily treated as confidential within the industry; (3) whether the information is generally 

known by or available from other sources; (4) whether the information has previously been made 

available to others without obligation concerning its confidentiality; (5) an explanation of the 

competitive injury to the submitting person which would result from public disclosure; (6) when 

such information might lose its confidential character due to the passage of time; and (7) why 

disclosure of the information would be contrary to the public interest. 

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EE-2006-STD-0131 COMMENT 31.2
E. Issues on Which DOE Seeks Comment

 DOE is particularly interested in receiving comments and views of interested parties 

concerning: 

(1) The scope of covered products DOE considered in this rulemaking -- specifically, DOE’s 

decision to cover 4-foot T5 miniature bipin SO and 4-foot T5 miniature bipin HO lamps; 

(2) DOE’s decision to amend the definition of “colored fluorescent lamp” to exclude lamps with 

a CCT greater than 7,000K; 

(3) The appropriateness of establishing separate product classes for IRL by lamp diameter and 

rated lamp voltage; 

(4) The appropriateness of establishing separate product classes for 4-foot T5 miniature bipin SO 

and 4-foot T5 miniature bipin HO lamps 

(5) The added 4-foot MBP residential sector engineering analysis, particularly the choice of the 

baseline system (lamp and ballast) 

(6) The performance characteristics (e.g., lumen output, lifetime, wattage) established for both 

GSFL and IRL model lamps DOE used in the engineering analysis -- specifically, the 

properties of the T5 halophosphor GSFL baseline lamps and the improved halogen IRL that 

uses xenon as a fill gas (the lamp established for TSL1); 

(7) The efficacy levels DOE considered for IRL, in particular the added EL1 and EL5; 

(8) The efficacy levels DOE used for each GSFL product class-- particularly, DOE’s decision to 

use compliance report data to establish GSFL efficacy levels; 

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EE-2006-STD-0131 COMMENT 31.2
(9) The methodology DOE used to scale efficacy levels from representative product classes to 

product classes DOE did not analyze (i.e., 2-foot U-shaped lamps and high CCT lamps for 

GSFL; modified spectrum lamps, lamps with diameters less than or equal to 2.5 inches, 

lamps with rated voltage greater than 125V); 

(10) The choice of ballast lifetimes DOE used in the commercial, residential, and industrial 

sectors and operating hours for GSFL in the residential sector; 

(11) The growth rates DOE used in the residential sector IRL and GSFL shipments analysis, the 

market penetration of emerging technologies in the IRL and GSFL shipments analysis, and 

the T5 lamp shipment forecasts; 

(12) Base-case market-share matrices and standards-case market-share matrices for IRL and 

GSFL -- particularly the percentage of GSFL consumers with sufficient lighting expertise 

(i.e., those consumers who will choose a lower-BF ballast or reduced-wattage lamp to 

maintain lumen output under standards) by market segment; 

(13) The methodology and inputs DOE used for the manufacturer impact analysis -- 

specifically, DOE’s assumptions regarding markups, capital costs, conversion costs, and 

stranded assets; 

(14) The determination of the environmental impacts of the proposed rule -- specifically, 

methods for valuing the CO2, NOx, SOx, and Hg emissions savings due to the proposed 

standards; 

(15) The appropriateness of trial standard levels DOE considered for GSFL and IRL, in 

particular the combinations of efficacy levels of each GSFL product class; 

(16) The proposed standard levels for GSFL and IRL; 

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EE-2006-STD-0131 COMMENT 31.2
(17) Potential approaches to maximize energy savings while mitigating impacts to certain GSFL 

consumer subgroups, for instance the maintaining of T12 lamps in the residential sector. 

(18) Other technology pathways that may be utilized to meet IRL TSL5, whether these 

pathways may have any adverse effects on consumer utility or the ability for the product to 

be mass-produced, manufacturer costs associated with these pathways, and resulting 

consumer product prices for lamps that meet this standard level. 

380

EE-2006-STD-0131 COMMENT 31.2
IX. Approval of the Office of the Secretary 

The Secretary of Energy has approved publication of this proposed rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and procedure, Confidential business information, Energy 

conservation, Household appliances, Imports, Intergovernmental relations, Small 

businesses. 

 

Issued in Washington, DC, on January 12, 2009. 

 ___________________________________ 

John F. Mizroch 

Acting Assistant Secretary 

Energy Efficiency and Renewable Energy 

381

EE-2006-STD-0131 COMMENT 31.2
 For the reasons stated in the preamble, DOE proposes to amend chapter II, subchapter D, 

of title 10 of the Code of Federal Regulations as set forth below: 

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 

1. The authority citation for Part 430 continues to read as follows:

 Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note. 

2. Section 430.2 is amended by revising the definition of “colored fluorescent lamp,” 

“fluorescent lamp,” and “rated wattage” to read as follows: 

§ 430.2 Definitions. 

* * * * * 

Colored fluorescent lamp means: 

(1) A fluorescent lamp designated and marketed as a colored lamp with a CRI less than 40, as 

determined according to the method given in CIE Publication 13.2 (see 10 CFR 430.22); 

(2) A fluorescent lamp designed and marketed as a colored lamp with a correlated color 

temperature (CCT) less than 2,500K; or 

(3) A fluorescent lamp with a CCT greater than 7,000K. 

* * * * * 

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EE-2006-STD-0131 COMMENT 31.2
Fluorescent lamp means a low pressure mercury electric-discharge source in which a fluorescing 

coating transforms some of the ultraviolet energy generated by the mercury discharge into light, 

including only the following: 

(1) Any straight-shaped lamp (commonly referred to as 4-foot medium bipin lamps) with 

medium bipin bases of nominal overall length of 48 inches and rated wattage of 25 or more; 

(2) Any U-shaped lamp (commonly referred to as 2-foot U-shaped lamps) with medium bipin 

bases of nominal overall length between 22 and 25 inches and rated wattage of 25 or more; 

(3) Any rapid start lamp (commonly referred to as 8-foot high output lamps) with recessed 

double contact bases of nominal overall length of 96 inches; 

(4) Any instant start lamp (commonly referred to as 8-foot slimline lamps) with single pin bases 

of nominal overall length of 96 inches and rated wattage of 52 or more; 

(5) Any straight-shaped lamp (commonly referred to as 4-foot miniature bipin standard output 

lamps) with miniature bipin bases of nominal length between 45 and 48 inches and rated wattage 

of 26 or more; and 

(6) Any straight-shaped lamp (commonly referred to 4-foot miniature bipin high output lamps) 

with miniature bipin bases of nominal length between 45 and 48 inches and rated wattage of 51 

or more. 

* * * * * 

Rated wattage, with respect to general service fluorescent lamps, means: 

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EE-2006-STD-0131 COMMENT 31.2
(1) The nominal wattage of a lamp determined by the lamp designation in Clause 11.1 of ANSI 

C78.81–2005 if the lamp is a straight-shaped lamp and is listed in ANSI C78.81–2005; or 

(2) The nominal wattage of a lamp determined by the lamp designation in Clause 11.1 of ANSI 

C78.901–2005 if the lamp is a U-shaped lamp and is listed in ANSI C78.901–2005; or 

(3) The wattage a lamp consumes when operated on a reference ballast for which the lamp is 

designed if the lamp is a residential straight-shaped lamp and is not listed in ANSI C78.81–2005; 

or 

(4) The wattage a lamp consumes when using reference ballast characteristics described in 10 

CFR part 430, subpart B, appendix R if the lamp is not listed in ANSI C78.81–2005 or ANSI 

C78.901–2005 and is not a residential straight-shaped lamp. 

Rated wattage, with respect to general service incandescent lamps and incandescent reflector 

lamps, is the wattage measured under the test procedures outlined in 10 CFR part 430, subpart B, 

appendix R. 

* * * * * 

3. Section 430.32 is amended by revising paragraph (n) to read as follows: 

§ 430.32 Energy and water conservation standards and effective dates. 

* * * * * 

(n) General service fluorescent lamps and incandescent reflector lamps. (1) Except as provided 

in paragraphs (n)(2) and (n)(3) of this section, each of the following general service fluorescent 

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EE-2006-STD-0131 COMMENT 31.2
lamps manufactured after the effective dates specified in the table shall meet or exceed the 

following lamp efficacy and CRI standards: 

Lamp Type Nominal 

Lamp 

Wattage 

Minimum CRI Minimum 

Average 

Lamp 

Efficacy 

(lm/W) 

Effective Date 

4-foot medium 

bipin 

>35W 69 75.0 Nov. 1, 1995 

35W 45 75.0 Nov. 1, 1995 

2-foot U-shaped >35W 69 68.0 Nov. 1, 1995 

35W 45 64.0 Nov. 1, 1995 

8-foot slimline >65W 69 80.0 May 1, 1994 

65W 45 80.0 May 1, 1994 

8-foot high 

output 

>100W 69 80.0 May 1, 1994 

100W 45 80.0 May 1, 1994 

(2) The standards described in paragraph (n)(1) of this section do not apply to: 

(i) Any 4-foot medium bipin lamp or 2-foot U-shaped lamp with a rated wattage less than 28 

watts; 

(ii) Any 8-foot high output lamp not defined in ANSI C78.1-1978 or related supplements, or not 

0.800 nominal amperes; or 

(iii) Any 8-foot slimline lamp not defined in ANSI C78.3-1978 (R1984) or related supplement 

ANSI C78.3a-1985. 

(3) Each of the following general service fluorescent lamps manufactured after June 30, 2012, 

shall meet or exceed the following lamp efficacy standards shown in the table: 

Lamp Type Correlated Color 

Temperature 

Minimum Average 

Lamp Efficacy 

(lm/W) 

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EE-2006-STD-0131 COMMENT 31.2
4-foot medium bipin 4,500K 84 

> 4,500K 78 

2-foot U-shaped 4,500K 78 

> 4,500K 73 

8-foot slimline 4,500K 95 

> 4,500K 91 

8-foot high output 4,500K 88 

> 4,500K 84 

4-foot miniature bipin 

standard output 

4,500K 103 

> 4,500K 97 

4-foot miniature bipin 

high output 

4,500K 89 

> 4,500K 85 

(4) Except as provided in paragraph (n)(5) of this section, each of the following incandescent 

reflector lamps manufactured after November 1, 1995, shall meet or exceed the lamp efficacy 

standards shown in the table: 

Nominal Lamp Wattage Minimum Average Lamp 

Efficacy 

(lm/W) 

40–50 10.5 

51–66 11.0 

67–85 12.5 

86–115 14.0 

116–155 14.5 

156–205 15.0 

(5) Each of the following incandescent reflector lamps manufactured after June 30, 2012, shall 

meet or exceed the lamp efficacy standards shown in the table: 

Lamp Spectrum Lamp Diameter Rated Voltage Minimum Average 

Lamp Efficacy 

(lm/W) 

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EE-2006-STD-0131 COMMENT 31.2
387

Standard Spectrum >2.5” >125V 7.1P0.27

125V 6.2P0.27

2.5” >125V 6.3P0.27

125V 5.5P0.27

Modified Spectrum >2.5” >125V 5.8P0.27

125V 5.0P0.27

2.5” >125V 5.1P0.27

125V 4.4P0.27

Note: P is equal to the rated lamp wattage, in watts.

(6) (i)(A) Subject to the exclusions in (6)(ii) of this section, the standards specified in this 

section shall apply to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR 

incandescent reflector lamps, and similar bulb shapes on and after January 1, 2008. 

 (B) Subject to the exclusions in (6)(ii) of this section, the standards specified in this 

section shall apply to incandescent reflector lamps with a diameter of more than 2.25 inches, but 

not more than 2.75 inches, on and after June 15, 2008. 

(ii) The standards specified in this section shall not apply to the following types of 

incandescent reflector lamps: 

 (A) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps; 

 (B) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps; or 

 (C) R20 incandescent reflector lamps rated 45 watts or less. 

EE-2006-STD-0131 COMMENT 31.2