1 

Before the

UNITED STATES DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

In the Matter of ) 

 ) 

Energy Conservation Program: ) Docket No. EERE-2010-BT-TP-0039 

Test Procedures for Residential ) 

Dishwashers, Dehumidifiers, and ) RIN: 1904-AC01

Conventional Cooking Products ) 

 ) 

and ) 

 ) 

Energy Conservation Program: ) Docket No. EERE-2011-BT-STD-0060 

Energy Conservation Standards ) 

For Residential Dishwashers ) RIN No. 1904-AC64

 ) 

 ) 

 ) 10 C.F.R. Parts 429 and 430 

 ) 

PETITION FOR RECONSIDERATION

The Association of Home Appliance Manufacturers (AHAM) respectfully petitions the

Department of Energy (DOE) for reconsideration of its final rule on Test Procedures for 

Residential Dishwashers, Dehumidifiers, and Conventional Cooking Products, Docket No. 

EERE-2010-BT-TP-0039, RIN 1904-AC01, 77 Fed. Reg. 65942 (Oct. 31, 2012) (Test Procedure 

Final Rule) and its direct final rule on Energy Conservation Standards for Dishwashers, Docket 

No. EERE-2011-BT-STD-0060, RIN No. 1904-AC64, 77 Fed. Reg. 31918 (May 30, 2012) 

(Direct Final Rule). 

AHAM believes that, overall, the amendments made to the residential dishwasher test 

procedure are critical amendments, many of which will enhance the repeatability and 

reproducibility of the test procedure. AHAM requested many of the amendments, and we thank 
2 

DOE for acting quickly to address the issues we raised. But, despite DOE’s conclusions that 

amendments to the residential dishwasher test procedure regarding fan-only mode and standby 

and off mode would impact measured energy and AHAM’s comments to the same effect, DOE 

has ignored and violated its statutory obligations under 42 U.S.C. § 6293(e) and 42 U.S.C. § 

6295(gg)(2). These provisions require analysis of test procedure revisions to determine whether 

they affect the stringency of the underlying standard, and, if so, DOE must adjust the standards 

accordingly. This is to prevent “back-door” rulemakings that effectively decrease or increase the 

appliance standards. DOE’s action is incompatible with and undermines the consensus 

agreement which underlies the amended residential dishwasher standard. 

AHAM thus requests an immediate stay of the effectiveness of both the Direct Final Rule 

and the Test Procedure Final Rule until DOE either 1) revises the standards in the Direct Final 

Rule to account for the impact on measured energy resulting from test procedure amendments 

regarding fan-only mode and standby and off mode energy; or 2) delays requirements regarding 

measurement of fan-only mode and the revised standby and off mode procedures until such time 

as a revised standard is promulgated for residential dishwashers. 

FACTS

 On July 30, 2010, AHAM and energy efficiency advocates submitted energy 

conservation standards proposals for residential dishwashers and other products that had been the 

subject of intensive negotiations (Joint Stakeholder Agreement). DOE encouraged these 

negotiations, supplied technical support to the parties, and considered the standards under the 

fast track consensus standards provision in 42 U.S.C. § 6295(p)(4). That agreement included 

agreed-to energy conservation standards levels and a compliance date for dishwashers which the 

parties to the agreement jointly submitted to DOE via petition dated September 25, 2010. 
3 

 Notably, the Joint Stakeholder Agreement expressly states that “[t]he Joint Stakeholders have 

made no agreement concerning the appropriate levels for standby or off mode energy 

consumption and agree that stakeholders will comment to DOE as they view appropriate during 

DOE’s rulemaking process for each of the affected products, as applicable.” Joint Stakeholder 

Agreement, at ¶ 4. And the Joint Stakeholders “agree[d] that pending amendments to test 

procedures for the affected products should be completed by DOE, subject to input from all 

stakeholders and agree[d] to recommend that DOE translate the standards contained in this 

agreement to equivalent levels specified under revised test procedures.” Id. at ¶ 5. In addition, 

the Joint Stakeholder Agreement provides, in proposed statutory language, that, if the residential 

dishwasher test procedure is amended prior to the compliance date of the proposed standards 

(2013), the standards should be amended consistent with 42 U.S.C. § 6293(e)(2). See Joint 

Stakeholder Agreement, at 7.

 On May 30, 2012, DOE published the Direct Final Rule and, as required by the Energy 

Policy and Conservation Act of 1975 (EPCA), as amended by the Energy Information and 

Security Act of 2007 (EISA), a Notice of Proposed Rulemaking. 77 Fed. Reg. 31964 (May 30, 

2012). The Direct Final Rule promulgated standards levels consistent with those the Joint 

Stakeholder Agreement and September25, 2010 petition proposed. Compliance with those 

standards is mandatory on May 30, 2013. 

In a separate rulemaking, on December 2, 2010, DOE published a notice of proposed 

rulemaking in which it proposed amendments to the residential dishwasher test procedure, 

Appendix C to Subpart B of Part 430 (Appendix C), to address standby and off mode, including 

incorporation by reference of IEC Standard 62301, First Edition. See Energy Conservation 

Program for Consumer Products: Test Procedures for Residential Dishwashers, Dehumidifiers, 
4 

and Conventional Cooking Products (Standby Mode and Off Mode), Notice of Proposed 

Rulemaking and Announcement of Public Meeting, 75 Fed. Reg. 75290 (Dec. 2, 2010) 

[hereinafter December 2010 NOPR]. DOE also held a public meeting on December 17, 2010. 

Appendix C already included measurement of standby mode, but the proposed amendments 

proposed some changes to the energy that would be measured. For example, DOE proposed to 

define an “inactive mode” as “a standby mode that facilitates the activation of active mode by 

remote switch (including remote control), internal sensor, or timer, or that provides continuous 

status display.” December 2010 NOPR, at 75298. DOE stated that proposed amendments would 

not apply to, and would have no impact on, existing standards. See December 2010 SNOPR, at 

75316. DOE did not propose amendments to the dishwasher active mode test procedure. 

 DOE next issued a supplemental notice of proposed rulemaking on September 20, 

2011, in which it proposed to incorporate by reference IEC Standard 62301, Second Edition. See 

Energy Conservation Program: Test Procedures for Residential Dishwashers, Dehumidifiers, and 

Conventional Cooking Products (Standby Mode and Off Mode), Supplemental Notice of 

Proposed Rulemaking, 76 Fed. Reg. 58346 (Sept. 20, 2011) [hereinafter September 2011 

SNOPR]. DOE did not propose amendments to the dishwasher active mode test procedure. 

DOE did not expand upon or revise its December 2010 NOPR discussion about compliance 

dates. In response to the September 2011 SNOPR, AHAM commented that “[a]lthough the 

dishwasher test procedure currently measures standby, the proposed amendments change what 

energy will be measured. For example, the end of cycle energy will now be measured, including 

cycle finished mode.” AHAM Comments on the SNOPR for Test Procedures for Residential 

Dishwashers, Dehumidifiers, and Conventional Cooking Products 3 (Oct. 20, 2011) [hereinafter 

AHAM October 2011 Comments]. 
5 

 In response to comments from AHAM and its members, DOE published a second 

supplemental notice of proposed rulemaking. See Energy Conservation Program: Test 

Procedures for Residential Dishwashers, Dehumidifiers, and Conventional Cooking Products 

(Standby Mode and Off Mode), Supplemental Notice of Proposed Rulemaking, 77 Fed. Reg. 

31444 (May 25, 2012) [hereinafter May 2012 SNOPR]. In the May 2012 SNOPR, DOE 

proposed to amend the residential dishwasher test procedure to, among other things, include 

measures of energy consumption in fan-only mode. This was the first time DOE proposed 

amendments to the active mode test procedure and the first time DOE proposed a procedure to 

measure fan-only mode. 

 In its comments on the May 2012 SNOPR, AHAM commented that it was “somewhat 

unclear when compliance with the proposed revisions to the dishwasher test procedure would be 

required. Some of the proposals would impact measured energy (e.g., fan-only mode, water 

softener regeneration). Accordingly, if those amendments would be effective under the existing 

standards and/or the pending direct final rule, DOE would need to do a crosswalk to ensure that 

the stringency of those standards does not change. . . . Alternatively, DOE would need to 

address the changes in measured energy in a future standards rulemaking.” AHAM Comments 

on the SNOPR for Test Procedures for Residential Dishwashers, Dehumidifiers, and 

Conventional Cooking Products 2 (June 25, 2012) [hereinafter AHAM June 2012 Comments] 

(emphasis in original). AHAM also proposed that DOE incorporate by reference ANSI/AHAM 

DW-1-2009 in Appendix C. See AHAM June 2012 Comments, at 12-13. 

 In response to comments it received from AHAM and others on the May 2012 SNOPR, 

DOE published a third supplemental notice of proposed rulemaking on August 15, 2012. See 

Energy Conservation Program: Test Procedures for Residential Dishwashers and Cooking 
6 

Products, Supplemental Notice of Proposed Rulemaking, 77 Fed. Reg. 49064 (Aug. 15, 2012) 

[hereinafter August 2012 SNOPR]. In the August 2012 SNOPR, DOE proposed to, among other 

things, revise the test procedure proposed in the May 2012 SNOPR for measuring energy use in 

fan-only mode and update the referenced industry test method to ANSI/AHAM DW-1-2010 

(AHAM DW-1-2010). 

Except with regard to replacements proposed for obsolete dishware, flatware, and food 

items, DOE did not clarify or propose specific compliance dates in the August 2012 SNOPR 

preamble, including responding to AHAM’s previous comment requesting clarification about 

compliance dates. DOE did, however, include language in the proposed regulatory text 

addressing the compliance date for fan-only mode and water softener energy consumption: “The 

procedures and calculations that refer to the combined low-power mode, fan-only mode, and 

water softener energy consumption . . . need not be performed to determine compliance with 

energy conservation standards for dishwashers at this time.” August 2012 SNOPR, at 49072. 

 In response to the August 2012 SNOPR, AHAM commented “that it is still somewhat 

unclear when compliance with some of the proposed revisions to the dishwasher test procedure 

would be required” and requested “that DOE clarify which amendments are to be effective at 

which time.” AHAM Comments on the SNOPR for Test Procedures for Residential 

Dishwashers, Dehumidifiers, and Conventional Cooking Products 2 (Aug. 30, 2012) [hereinafter 

AHAM August 2012 Comments]. In addition, AHAM commented that, because some of the 

proposals would or could impact measured energy, DOE would need to ensure that the 

stringency of the standards does not change if it intended to require the amendments be used for 

compliance with existing or 2013 standards. See id.
7 

 On October 31, 2012, DOE published the Test Procedure Final Rule in which it 

established a new test procedure for residential dishwashers, Appendix C1 to Subpart B of Part 

430 (Appendix C1). Relevant to the instant petition, the Test Procedure Final Rule:

• Added provisions for measuring standby mode and off mode energy 

consumption, including incorporating specific sections of IEC Standard 

62301, Second Edition by reference; 

• Added a provision for measuring energy use in fan-only mode; and

• Updated the referenced industry test method to ANSI/AHAM DW-1-2010; 

DOE determined that “the date upon which the use of new appendix C1 will be required will be 

May 30, 2013, the compliance date of the direct final rule published on May 30, 2012 . . .” Test 

Procedure Final Rule, at 65947. 

DOE did not revise the standards promulgated in the Direct Final Rule to account for 

changes in measured energy as a result of amendments requiring measurement of fan-only mode. 

DOE reasoned that “energy use in [fan-only mode] is estimated to be less than 5 percent of the 

total energy use of standard dishwashers. Given that 65 percent of all standard dishwashers 

currently on the market meet or exceed the minimum energy conservation standards established 

in the direct final rule, inclusion of this small amount of energy use would not impact 

compliance with the revised standard. Therefore, DOE has determined that the energy use in 

fan-only mode is de minimus and insufficient to alter in a material manner the measured energy 

use of dishwashers.” Test Procedure Final Rule, at 65947 (emphasis in original). 

 Nor did DOE adjust the standards in the Direct Final Rule to account for the standby 

and off-mode test procedure amendments. See id. at 65961. DOE relied on its conclusion that 

“the proposed amendments to the dishwasher test procedure regarding standby mode and off 

mode would not alter the measured efficiency of any covered product under the existing test 

procedure.” Id. And, DOE concluded, because it was not presented with data showing 
8 

otherwise, that the incorporation by reference of AHAM DW-1-2010 in the dishwasher test 

procedure would not impact measured energy. See id. at 65966. 

ARGUMENT

When DOE amends a test procedure, it must determine “to what extent, if any, the 

proposed test procedure would alter the measured energy efficiency, measured energy use, or 

measured water use of any covered product as determined under the existing test procedure.” 42 

U.S.C. § 6293(e)(1). And, if DOE determines that the amended test procedure will alter 

measured energy or water use, DOE “shall amend the applicable energy conservation standard 

during the rulemaking carried out with respect to such test procedure.” 42 U.S.C. § 6293(e)(2). 

There is a specific procedure, involving evaluating minimally compliant products, set forth in the 

law for making that adjustment. See id. Furthermore, DOE was required to prescribe in a final 

rule, no later than March 31, 2011, test procedure amendments with regard to standby and off 

mode for residential dishwashers. 42 U.S.C. § 6295(gg)(2)(B). Those test procedure 

amendments “shall not to be used to determine compliance with product standards established 

prior to the adoption of the amended test procedures.” 42 U.S.C. § 6295(gg)(2)(C). DOE did 

not satisfy its statutory obligations with regard to the fan-only mode, standby and off-mode, and 

updated industry test procedure amendments.1

 

1 AHAM notes that it commented that the proposed amendments to measure water softener regeneration 

would also impact measured energy. See AHAM June 2012 Comments, at 2. Our understanding is that 

DOE determined that there would not be a change in measured energy as a result of the test procedure 

amendments to measure water softener regeneration because that energy is currently required to be 

included for compliance with the standards under existing waivers. See Final Test Procedure Rule, at 

65946-97 (“In the test procedure waivers granted for water softening dishwashers, DOE has required that 

such models meet the current energy conservation standards with the additional energy and water use 

associated with water softener regeneration included in the annual energy use and per-cycle water 

consumption metrics. . . . In accordance with the approach specified in these waivers, DOE determines 

 
9 

I. DOE Must Account For The Impact Of Test Procedure 

Amendments Regarding Fan-Only Mode On Measured 

Energy And Ensure That The Stringency Of The Standard Does Not Change. 

DOE determined, and, as discussed below, AHAM data confirms, that the fan-only mode 

amendments to the residential dishwasher test procedure impact measured energy. DOE stated

that the impact would be “de minimus,” but gives no justification, quantification, standard, or 

criteria for that determination. It is a textbook arbitrary and capricious determination. As 

discussed more fully below, AHAM disagrees with the de minimus determination and believes 

that such a determination violates DOE’s statutory obligations under 42 U.S.C. § 6293(e). DOE 

should have accounted for the impact of the fan-only mode changes to the test procedure in the 

May 2013 standard or should not have required measurement of fan-only mode for compliance 

with those standards. AHAM thus requests that DOE adjust the May 2013 standards to account 

for the impact of the fan-only mode amendments on measured energy or not require 

measurement of fan-only mode until a later standard is promulgated that does account for that 

increase in measured energy.

A. DOE Concluded That The Fan-Only 

Mode Amendments Impact Measured Energy.

 In the May 2012 SNOPR, when DOE first proposed amendments to the residential test 

procedure to measure fan-only mode, DOE found that the proposed measurement would increase 

measured energy. DOE calculated the range of annual energy consumption associated with an 

air circulation fan operating after the end of the active cycle, according to the proposed test 

procedure, to be from 0.4 to 17 kilowatt hours (kWh) per year. See May 2012 SNOPR, at 31448. 

DOE stated that the “higher end of the range is greater than 5 percent of the maximum allowable 

 

that the energy and water use must be included in the metrics used to demonstrate compliance with any 

amended dishwasher energy conservation standards, including those in the direct final rule.”). 
10 

annual energy consumption for a standard dishwasher (355 kWh).” Id. DOE also stated that 

“the energy use associated with this mode may in some cases represent a larger percentage of 

annual energy consumption than the energy use in the low-power modes” and that, accordingly, 

“[t]his energy consumption would be required to be included in the annual energy consumption 

metric upon the compliance date of any updated dishwasher energy conservation standards 

addressing standby and off mode energy use.” Id. at 31451. 

AHAM, though it did not oppose measurement of fan-only mode, agreed that it would 

increase measured energy, and, thus, requested clarification as to when the measurement would 

be required for compliance with the energy conservation standards for dishwashers: 

DOE should also clarify when this measurement would be required for 

compliance with energy conservation standards for dishwashers. DOE stated that 

this would be “required in the annual energy metric upon the compliance date of 

any updated dishwasher energy conservation standards addressing standby mode 

and off mode energy use.” Especially because this measurement would impact 

measured energy, AHAM assumes that statement is referencing a future standard 

that has not yet been proposed and that the fan-only measurement would not be 

required for compliance with the standards in the current direct final rule for 

dishwashers, 77 Fed. Reg. 31918 (May 30, 2012). An express statement to that 

effect would provide clarity to regulated parties. 

AHAM June 2012 Comments, at 3. Importantly, AHAM specifically stated its assumption that 

DOE’s statement regarding the compliance date did not refer to the then-pending standards in the 

Direct Final Rule. See id.; see also id. at 2 (“AHAM notes that it is somewhat unclear when 

compliance with the proposed revisions to the dishwasher test procedure would be required. 

Some of the proposals would impact measured energy (e.g., fan-only mode, water softener 

regeneration). Accordingly, if those amendments would be effective under the existing standards 

and/or the pending direct final rule, DOE would need to do a crosswalk to ensure that the 

stringency of those standards does not change. . . . Alternatively, DOE would need to address 
11 

the changes in measured energy in a future standards rulemaking. AHAM requests that DOE 

clarify which amendments are to be effective at which time.”) (emphasis in original). 

 In the subsequent August 2012 SNOPR, in response to AHAM’s comments, DOE 

proposed an alternative approach for measurement of fan-only mode, but DOE did not alter its 

analysis regarding the impact of the amendments on measured energy or respond to AHAM’s 

request for clarity regarding the compliance date for the proposed fan-only mode amendments. 

Thus, AHAM again requested clarity and argued that, because the proposed amendments to 

measure fan-only mode would impact measured energy, DOE would need to either amend the 

standards in the Direct Final Rule to ensure that the stringency of those standards did not change 

or not require measurement of fan-only mode for compliance with the current or May 2013 

standards: 

AHAM notes that it is still somewhat unclear when compliance with some of the 

proposed revisions to the dishwasher test procedure would be required. Some of 

the proposals would or could impact measured energy. Accordingly, if those 

amendments would be effective under the existing standards and/or the pending 

direct final rule, DOE would need to do a crosswalk to ensure that the stringency 

of those standards does not change.1

 Alternatively, DOE would need to address 

the changes in measured energy in a future standards rulemaking. AHAM 

requests that DOE clarify which amendments are to be effective at which time.

1 77 Fed. Reg. 31918 (May 30, 2012). 

AHAM August 2012 Comments, at 2. 

Then, in the Test Procedure Final Rule, DOE adopted amendments to measure fan-only 

mode and confirmed its estimates of the upper end of the range of annual energy consumption 

associated with fan-only mode. See Test Procedure Final Rule, at 65959. Yet, despite the fact 

that it concluded that the amendments would impact measured energy, DOE determined that the 

amendments would be required for compliance with the May 2013 standards: 
12 

DOE has determined that use of the test procedures to measure the energy use in 

fan-only mode on the compliance date of any amended standards is appropriate. . . 

. The energy use in these modes is estimated to be less than 5 percent of the total 

energy use of standard dishwashers. Given that 65 percent of all standard 

dishwashers currently on the market meet or exceed the minimum energy 

conservation standards established in the direct final rule, inclusion of this small 

amount of energy use would not impact compliance with the revised standard. . . . 

Therefore, DOE has determined that the energy use in fan-only mode is de 

minimus and insufficient to alter in a material manner the measured energy use of 

dishwashers. Therefore, DOE is not considering amending the standards set forth 

in the direct final rule.” 

Test Procedure Final Rule, at 65947 (emphasis in original). 

B. AHAM Data Show That The Fan-Only 

Mode Amendments Impact Measured Energy.

Based on data AHAM collected, the fan-only mode amendments to the residential 

dishwasher test procedure will add a shipment weighted average of 0.29 kWh per year in 

measured energy. That energy takes into account the market penetration of fan-only mode—it 

does not assume that all basic models have fan-only mode. In addition, the shipment weighted 

average number includes a wide range of impacts on manufacturers and individual models, some 

much greater than 0.29 kWh per year. AHAM thus encourages DOE to interview individual 

manufacturers about the impact based on different technologies. AHAM’s data show that, the 

fan-only mode amendments could add up to two percent of the 2013 standard in measured 

energy for some models. For models with fan-only mode, this is a significant impact on 

measured energy, particularly for minimally compliant products, and could not only require 

manufacturers to re-certify some or all of their models, but could also impact compliance with 

the standards. DOE should adjust the May 2013 standard to account for this impact on measured 

energy or, alternatively delay the requirement to measure fan-only mode until the compliance 

date of a future standard (i.e., after the May 2013 standards). AHAM’s preference would be that 
13 

DOE revise the standards with which compliance is required on May 30, 2013, to account for the 

impact on measured energy.

C. DOE Must Account For The Impact Of The 

Fan-Only Mode Amendments On Measured Energy.

In making its determination not to adjust the May 2013 standards to account for the 

impact on measured energy resulting from the fan-only mode amendments, DOE seems to have 

relied upon 1) its estimation that energy use in fan-only mode is less than five percent of the total 

energy use of standard dishwashers; and 2) the fact that 65% of dishwashers currently on the 

market meet or exceed the energy conservation standards in the Direct Final Rule. See Test 

Procedure Final Rule, at 65947. But neither of these reasons is sufficient for not ensuring that 

the stringency of the May 2013 standards remains unchanged. 

DOE determined that its amendments to require measurement of fan-only mode would 

impact measured energy. It must, therefore, amend the May 2013 standard to ensure that the 

stringency of those standards does not change. See 42 U.S.C. § 6293(e). As noted, DOE cannot 

simply ignore its statutory obligations because it does not deem the impact of the test procedure 

amendments to be significant. DOE stated that it considers the energy use in fan-only mode to 

be “de minimus and insufficient to alter in a material manner the energy use of dishwashers.” 

Test Procedure Final Rule, at 65947. But DOE has not defined, justified, or quantified what it 

considers to be de minimus for these purposes. Nor did Congress provide a de minimus

exception to the requirements in 42 U.S.C. § 6293. DOE’s determination that the energy use in 

fan-only mode is “de minimus” is a textbook arbitrary and capricious determination. 

Furthermore, DOE’s statement that 65% of dishwashers currently on the market meet or 

exceed the May 2013 standards misses the point. First, even if it is true that most dishwashers 
14 

already meet or exceed the upcoming standards, because fan-only mode impacts measured 

energy, manufacturers may need to re-certify and re-label models with fan-only mode, depending 

on the magnitude of the impact on each model and whether the manufacturer conservatively 

rated the product originally. The resources required to re-certify and re-label models is 

significant. And the result will be confusion to consumers. Second, DOE’s own analysis itself is 

contradictory and belies its conclusions. That most products, but hardly all, already meet the 

new standards levels, leads to the conclusion that some do not (i.e., 35%) and, further, that 

minimally compliant products might well be affected by a five percent change (if that is the right 

number) in the stringency of the standard. 

Nor is the fact that DOE is requiring measurement of fan-only mode for compliance with 

future standards sufficient to relieve DOE of its obligation to ensure that the stringency of those 

standards does not change. The standards in the Direct Final Rule did not contemplate 

measurement of fan-only mode, as evidenced by the facts that 1) the Joint Stakeholder 

Agreement on which the standards in the Direct Final Rule were based was finalized on July 30, 

2010, over two years before the fan-only mode amendments were adopted; 2) the Direct Final 

Rule was published on May 30, 2012, only five days after DOE first proposed to require 

measurement of fan-only mode, and specifically stated that it was consistent with the proposed 

standards levels in the Joint Stakeholder Agreement; and 3) the Direct Final Rule became 

effective on September 27, 2012, a little over one month before publication of the Final Test 

Procedure Rule in the Federal Register. 

The Joint Stakeholder Agreement specifically contemplated just this situation by 

providing, in proposed statutory language, that, should the residential test procedure be amended 

prior to the compliance date of the agreed-to amended standards, the procedures of 42 U.S.C. § 
15 

6293(e)(2) must be followed. See Joint Stakeholder Agreement, at 7. And the Joint 

Stakeholders “agree[d] that pending amendments to test procedures for the affected products 

should be completed by DOE, subject to input from all stakeholders and agree[d] to recommend 

that DOE translate the standards contained in this agreement to equivalent levels specified under 

revised test procedures.” Id. at ¶ 5. But, because stakeholders did not know what action DOE 

would take with regard to fan-only mode, stakeholders could not have effectively or 

meaningfully commented to oppose application of the fan-only mode amendments for 

compliance with the May 2013 standards in comments on the Direct Final Rule.2

Accordingly, AHAM requests that DOE either: 1) revise the May 2013 standards to 

account for the impact on measured energy resulting from the fan-only mode amendments; or 2) 

not require measurement of fan-only mode until such time as a future revised standard is 

promulgated for residential dishwashers. AHAM’s preference would be that DOE revise the 

standards with which compliance is required on May 30, 2013, to account for the impact on 

measured energy.

 

II. DOE Must Account For The Impact Of Test Procedure 

Amendments Regarding Standby And Off Mode On Measured Energy.

DOE determined, and AHAM data confirms, that the standby and off mode amendments 

to the residential dishwasher test procedure impact measured energy. DOE determined that 

because the amendments would not be required to determine compliance with the current 

standards, it did not need to adjust the standards to account for the increase in measured energy. 

 

2 DOE authorized the Test Procedure Final Rule on September 17, 2012, which was the same 

date comments on the Direct Final Rule and accompanying Notice of Proposed Rulemaking 

were due to DOE. Notice of that authorization was not sent to stakeholders until 6:06 p.m. on 

September 17, 2012, thus not affording stakeholders sufficient time to be able to review and 

develop comments prior to the end of the comment period on the Direct Final Rule. 
16 

AHAM disagrees—DOE’s decision not to adjust the standards violates DOE’s statutory 

obligations under 42 U.S.C. § 6295(gg)(2) and 42 U.S.C. § 6293(e). AHAM thus requests that 

DOE adjust the May 2013 standards to account for the impact of the standby and off mode 

amendments on measured energy or not require those amendments to determine compliance with 

the May 2013 standard.

A. DOE Concluded That The Standby And Off 

Mode Amendments Impact Measured Energy.

DOE determined that the amendments to the dishwasher test procedure regarding standby 

and off mode would impact measured energy and, thus, proposed that those amendments not be 

required until the compliance date of amended dishwasher standards that address standby mode 

and off mode energy use. See December 2010 SNOPR, at 75317; U.S. Department of Energy, 

Test Procedure for Dishwashers, Dehumidifiers, and Conventional Cooking Products, Notice of 

Proposed Rulemaking Public Meeting 71 (Dec. 17, 2010) [hereinafter Public Meeting 

Presentation] (stating that “inactive, off, and cycle finished modes measured under the proposed 

test procedure may result in energy consumption levels slightly higher than the current test 

procedure. The proposed amendments would clarify that provisions related to the new measures 

of energy consumption in standby mode and off mode would not be required to be used by 

manufacturers until the compliance date of any amended dishwasher standards addressing 

standby mode and off mode energy use”) (emphasis added).

Throughout the rulemaking, it seemed that DOE would, appropriately, use the standardssetting process to account for the increase in measured energy due to the standby and off mode 

test procedure amendments. For example, DOE stated “that the standby mode and off mode 

energy use is of a magnitude that it would materially affect that standard-setting process without 
17 

overwhelming the effects of differing levels of active mode energy use.” Id. at 70 (emphasis 

added). And DOE further explained “that the magnitude of standby and off-mode energy use is 

such that integrating it would be measurable in changes in standby power, it would produce a 

measureable difference in EAEU so, therefore, would factor into any standard setting process, 

but is not so great that it would overwhelm the effect of variations in active energy — activemode energy use, how that would contribute to the EAEU.” Public Meeting, Energy 

Conservation Standard NOPR for Test Procedure for Dishwashers, Dehumidifiers and 

Conventional Cooking Products, Transcript 111-12 (Dec. 17, 2010) (emphasis added). DOE did 

not, however, expect the estimated annual energy use (EAEU) and estimated annual energy cost 

(EAOC) for dishwashers to be significantly affected by its proposed amendments to the test 

procedure. See, e.g., Public Meeting Presentation, at 83. 

In the September 2011 SNOPR, DOE continued to conclude that no amendments to the 

existing energy conservation standards would be required because the “proposed amendments 

would not measurably alter the existing energy efficiency and energy use metrics for residential 

dishwashers . . .. [and because] those proposed amendments would clarify that manufacturers 

would not be required to use the provisions relating to standby mode and off mode energy use 

until the compliance of new energy conservation standards addressing such energy use.” 

September 2011 SNOPR, at 58355. AHAM commented that it did not agree with DOE’s 

conclusion that there would be no change in measured energy resulting from the standby and off 

mode test procedure changes:

AHAM does not agree, however, that there would be no change in measured 

energy resulting from the changes to the dishwasher test procedure. Although the 

dishwasher test procedure currently measures standby, the proposed amendments 

change what energy will be measured. For example, the end of cycle energy will 
18 

now be measured, including cycle finished mode. DOE should amend the 

reporting requirements, and standards, to account for this change. 

AHAM October 2011 Comments, at 3. Yet DOE did not change its position in the Test 

Procedure Final Rule. See Test Procedure Final Rule, at 65946-47. 

B. AHAM Data Show That The Standby And 

Off Mode Amendments Impact Measured Energy.

Based on data AHAM collected, the standby and off mode amendments to the residential 

dishwasher test procedure will add a shipment weighted average of 1.10 kWh per year. This 

amount could be enough, especially combined with the increase in measured energy due to the 

fan-only mode amendments, to require a manufacturer to re-certify and re-label some or all of its 

dishwasher models. In addition, the shipment weighted average number includes a wide range of 

impacts on manufacturers and individual models, some much greater than 1.10 kWh per year. 

AHAM thus encourages DOE to interview individual manufacturers about the impact based on 

different technologies. 

C. DOE Must Account For The Impact Of The 

Standby And Off Mode Amendments On Measured Energy.

DOE did not address the impact of the standby or off mode as measured per Appendix C1 

in the Direct Final Rule. Nor could it have because DOE adopted Appendix C1 on October 31, 

2012, over a month after the Direct Final Rule became effective. Furthermore, the Joint 

Stakeholder Agreement did not contemplate the standby and off mode amendments to the test 

procedure and the Joint Stakeholders made no agreement regarding the proper standards for 

standby and off mode energy consumption. See Joint Stakeholder Agreement, at ¶ 4. In fact, the 

Joint Stakeholder Agreement included proposed statutory language for implementing the 

agreement which expressly stated that “[a]ny final rule amending the dishwasher test procedure 
19 

after July 9, 2010, and before January 1, 2013 shall also amend the standards contained in [the 

agreement] according to the procedures in section 323(e) [of the Energy Policy and Conservation 

Act]. Section 323(e)(3) shall not apply to these amended standards.” Joint Stakeholder 

Agreement, at 7 (emphasis added). It also stated, more generally, that the Joint Stakeholders 

“agree[d] that pending amendments to test procedures for the affected products should be 

completed by DOE, subject to input from all stakeholders and agree to recommend that DOE 

translate the standards contained in this agreement to equivalent levels specified under revised 

test procedures.” Id. at ¶ 5.

Thus, in order to require use of the amendments for compliance with the May 2013 

standards, DOE must account for the increase in measured energy due to the standby and off 

mode amendments. DOE followed this approach in its implementation of the Joint Stakeholder 

Agreement’s recommendations for clothes dryers, room air conditioners, and clothes washer 

standards. See, e.g., Energy Conservation Program: Energy Conservation Standards for 

Residential Clothes Dryers and Room Air Conditioners, Final Rule, 76 Fed. Reg. 22454, 22477 

(Apr. 21, 2011). And DOE should have done the same thing with regard to dishwashers. 

Accordingly, we respectfully request that DOE either do the same analysis here as it did for 

those products, or delay the compliance date of the standby and off mode amendments until the 

compliance date of a future standard that addresses standby and off mode. AHAM’s preference 

would be that DOE revise the standards with which compliance is required on May 30, 2013, to 

account for the impact on measured energy.
20 

III. DOE Must Study The Impact On Measured Energy Resulting From 

Incorporation By Reference Of The Updated Industry Test Procedure. 

In the Test Procedure Final Rule, DOE concluded, based only on a lack of data to the 

contrary, that the incorporation by reference of AHAM DW-1-2010 would not impact measured 

energy. See Test Procedure Final Rule, at 65966. AHAM proposed that DOE should 

incorporate AHAM DW-1-2010 by reference in the dishwasher test procedure. AHAM also 

commented that to do so, “DOE would need to determine whether this change would result in 

changes to measured energy (resulting from a change in dishware, for example) . . .” AHAM 

June 2012 Comments, at 12-13; see also AHAM August 2012 Comments, at 8. AHAM also 

volunteered to work together with DOE to make that determination. See AHAM August 2012 

Comments, at 8. DOE did seek data regarding the impact incorporating AHAM DW-1-2010 by 

reference would have on measured energy. AHAM indicated that it did not have data indicating 

what the effect on measured energy would be were DOE to incorporate AHAM DW-1-2010 by 

reference, and DOE did not receive data from other stakeholders in response to its request. See

AHAM August 2012 Comments, at 8; Test Procedure Final Rule, at 65966. 

In the Test Procedure Final Rule, DOE responded to the lack of data by identifying the 

differences between AHAM DW-1-1992 and AHAM DW-1-2010 and stating that it had “not 

been presented with any data or information that would show that these differences would impact 

the results from the DOE dishwasher test procedure for specific dishwasher models. DOE also 

notes the uniform support from commenters to reference the most recent version of industry 

standards in its test procedures and observes that some test laboratories are already conducting 

dishwasher testing according to ANSI/AHAM DW-1-2010. Further, these amendments will not 

be required until the compliance date of new standards, which will be May 30, 2013. . . . If 
21 

manufacturers determine that the new DOE test procedure does not measure energy and water 

use that is representative for their products, they may submit to DOE a petition for waiver from 

the DOE test procedure to determine an appropriate method.” Test Procedure Final Rule, at 

65966. 

 AHAM fully supports incorporation of AHAM DW-1-2010 by reference in Appendix C1 

and thanks DOE for incorporating by reference the most recent industry test procedure. Like 

DOE, AHAM does not believe that the differences between AHAM DW-1-1992 and AHAM 

DW-1-2010 would noticeably impact measured energy. Accordingly, we are not asking DOE to 

reconsider its decision to incorporate AHAM DW-1-2010 by reference. Nevertheless, DOE 

should ensure in future rulemakings that it fulfills its duty under the law to investigate the impact 

on measured energy and should not act on its own non-empirical belief about the impact of a test 

procedure change on measured energy. If DOE does not get the data it requests, it must gather 

the data itself, continue seeking it from sources likely to have it, or accept that there is no 

available data on the point and thus, no rational, empirically based action can be taken. 

CONCLUSION

DOE concluded during the rulemaking process that amendments to the residential 

dishwasher test procedure regarding fan-only mode and standby and off mode impact measured 

energy. And, as discussed above, AHAM’s data further quantifies that impact. Furthermore, the 

shipment weighted average of the impact of both the fan-only mode and standby and off mode 

amendments is 1.38 kWh per year. That energy takes into account the market penetration of fanonly mode—it does not assume that all basic models have fan-only mode. Accordingly, we 

request that DOE either: 1) revise the May 2013 standards to account for the impact on measured 

energy using the data AHAM presented in this petition or through comprehensive testing that 
22 

compares total measured energy under Appendix C versus Appendix C1; or 2) not require 

measurement of fan-only mode or the revised standby and off mode procedures until such time 

as a revised standard is promulgated for residential dishwashers. 

AHAM believes that, overall, the amendments made to the test procedure, which reside 

in Appendix C1, are critical amendments, many of which will enhance the repeatability and 

reproducibility of the test procedure. And we thank DOE for making those amendments, many 

of which AHAM requested. Thus, AHAM’s preference would be that DOE revise the standards 

with which compliance is required on May 30, 2013, to account for the impact on measured 

energy. AHAM would be glad to assist DOE in determining the appropriate amended energy 

conservation standard under 42 U.S.C. § 6293(e)(2). Pending resolution of the instant petition, 

AHAM requests that DOE stay compliance with the May 30, 2013, standards and Appendix C1. 

Respectfully submitted,

ASSOCIATION OF HOME APPLIANCE 

MANUFACTURERS

 By: /s/ Jennifer Cleary

 Director, Regulatory Affairs

 1111 19th St., NW 

 Suite 402 

 Washington, DC 20036 

 202-872-5955 x314 

Dated: November 30, 2012