PUBLIC LAW 112–210—DEC. 18, 2012 

AMERICAN ENERGY MANUFACTURING 

TECHNICAL CORRECTIONS ACT 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1514 PUBLIC LAW 112–210—DEC. 18, 2012 

Public Law 112–210 

112th Congress 

An Act 

To allow for innovations and alternative technologies that meet or exceed desired 

energy efficiency goals, and to make technical corrections to existing Federal 

energy efficiency laws to allow American manufacturers to remain competitive. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘American Energy Manufacturing 

Technical Corrections Act’’. 

SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES. 

Section 342(f) of the Energy Policy and Conservation Act (42 

U.S.C. 6313(f)) is amended— 

(1) in paragraph (1), by striking ‘‘paragraphs (2) through 

(5)’’ and inserting ‘‘paragraphs (2) through (6)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(6) INNOVATIVE COMPONENT TECHNOLOGIES.—Subparagraph (C) of paragraph (1) shall not apply to a walk-in cooler 

or walk-in freezer component if the component manufacturer 

has demonstrated to the satisfaction of the Secretary that the 

component reduces energy consumption at least as much as 

if such subparagraph were to apply. In support of any demonstration under this paragraph, a manufacturer shall provide 

to the Secretary all data and technical information necessary 

to fully evaluate its application.’’. 

SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER 

HEATERS. 

Section 325(e) of the Energy Policy and Conservation Act (42 

U.S.C. 6295(e)) is amended by adding at the end the following: 

‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER

HEATERS.— 

‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) COVERED WATER HEATER.—The term ‘covered 

water heater’ means— 

‘‘(I) a water heater; and 

‘‘(II) a storage water heater, instantaneous 

water heater, and unfired hot water storage tank 

(as defined in section 340). 

‘‘(ii) FINAL RULE.—The term ‘final rule’ means the 

final rule published under this paragraph. 

‘‘(B) PUBLICATION OF FINAL RULE.—Not later than 1 

year after the date of enactment of this paragraph, the 

Deadline. 

American Energy 

Manufacturing 

Technical 

Corrections Act. 

42 USC 6201 

note. 

Dec. 18, 2012 

[H.R. 6582] 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–210—DEC. 18, 2012 126 STAT. 1515 

Secretary shall publish a final rule that establishes a uniform efficiency descriptor and accompanying test methods 

for covered water heaters. 

‘‘(C) PURPOSE.—The purpose of the final rule shall 

be to replace with a uniform efficiency descriptor— 

‘‘(i) the energy factor descriptor for water heaters 

established under this subsection; and 

‘‘(ii) the thermal efficiency and standby loss 

descriptors for storage water heaters, instantaneous 

water heaters, and unfired water storage tanks established under section 342(a)(5). 

‘‘(D) EFFECT OF FINAL RULE.— ‘‘(i) IN GENERAL.—Notwithstanding any other 

provision of this title, effective beginning on the effective date of the final rule, the efficiency standard for 

covered water heaters shall be denominated according 

to the efficiency descriptor established by the final 

rule. 

‘‘(ii) EFFECTIVE DATE.—The final rule shall take 

effect 1 year after the date of publication of the final 

rule under subparagraph (B). 

‘‘(E) CONVERSION FACTOR.— 

‘‘(i) IN GENERAL.—The Secretary shall develop a 

mathematical conversion factor for converting the 

measurement of efficiency for covered water heaters 

from the test procedures in effect on the date of enactment of this paragraph to the new energy descriptor 

established under the final rule. 

‘‘(ii) APPLICATION.—The conversion factor shall 

apply to models of covered water heaters affected by 

the final rule and tested prior to the effective date 

of the final rule. 

‘‘(iii) EFFECT ON EFFICIENCY REQUIREMENTS.—The 

conversion factor shall not affect the minimum efficiency requirements for covered water heaters otherwise established under this title. 

‘‘(iv) USE.—During the period described in clause 

(v), a manufacturer may apply the conversion factor 

established by the Secretary to rerate existing models 

of covered water heaters that are in existence prior 

to the effective date of the rule described in clause 

(v)(II) to comply with the new efficiency descriptor. 

‘‘(v) PERIOD.—Clause (iv) shall apply during the 

period— 

‘‘(I) beginning on the date of publication of 

the conversion factor in the Federal Register; and 

‘‘(II) ending on the later of 1 year after the 

date of publication of the conversion factor, or 

December 31, 2015. 

‘‘(F) EXCLUSIONS.—The final rule may exclude a specific 

category of covered water heaters from the uniform efficiency descriptor established under this paragraph if the 

Secretary determines that the category of water heaters— 

‘‘(i) does not have a residential use and can be 

clearly described in the final rule; and 

‘‘(ii) are effectively rated using the thermal efficiency and standby loss descriptors applied (as of the 

Federal Register, 

publication. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1516 PUBLIC LAW 112–210—DEC. 18, 2012 

date of enactment of this paragraph) to the category 

under section 342(a)(5). 

‘‘(G) OPTIONS.—The descriptor set by the final rule 

may be— 

‘‘(i) a revised version of the energy factor descriptor 

in use as of the date of enactment of this paragraph; 

‘‘(ii) the thermal efficiency and standby loss 

descriptors in use as of that date; 

‘‘(iii) a revised version of the thermal efficiency 

and standby loss descriptors; 

‘‘(iv) a hybrid of descriptors; or 

‘‘(v) a new approach. 

‘‘(H) APPLICATION.—The efficiency descriptor and 

accompanying test method established under the final rule 

shall apply, to the maximum extent practicable, to all 

water heating technologies in use as of the date of enactment of this paragraph and to future water heating technologies. 

‘‘(I) PARTICIPATION.—The Secretary shall invite 

interested stakeholders to participate in the rulemaking 

process used to establish the final rule. 

‘‘(J) TESTING OF ALTERNATIVE DESCRIPTORS.—In establishing the final rule, the Secretary shall contract with 

the National Institute of Standards and Technology, as 

necessary, to conduct testing and simulation of alternative 

descriptors identified for consideration. 

‘‘(K) EXISTING COVERED WATER HEATERS.—A covered 

water heater shall be considered to comply with the final 

rule on and after the effective date of the final rule and 

with any revised labeling requirements established by the 

Federal Trade Commission to carry out the final rule if 

the covered water heater— 

‘‘(i) was manufactured prior to the effective date 

of the final rule; and 

‘‘(ii) complied with the efficiency standards and 

labeling requirements in effect prior to the final rule.’’. 

SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 

TEMPERATURE COMMERCIAL REFRIGERATORS. 

Section 342(c) of the Energy Policy and Conservation Act (42 

U.S.C. 6313(c)) is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraph (C) as subparagraph (E); and 

(B) by inserting after subparagraph (B) the following: 

‘‘(C) The term ‘service over the counter, self-contained, 

medium temperature commercial refrigerator’ or ‘(SOC– 

SC–M)’ means a medium temperature commercial refrigerator— 

‘‘(i) with a self-contained condensing unit and 

equipped with sliding or hinged doors in the back 

intended for use by sales personnel, and with glass 

or other transparent material in the front for displaying merchandise; and 

‘‘(ii) that has a height not greater than 66 inches 

and is intended to serve as a counter for transactions 

between sales personnel and customers. 

Definition. 

Compliance. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–210—DEC. 18, 2012 126 STAT. 1517 

‘‘(D) The term ‘TDA’ means the total display area (ft2) 

of the refrigerated case, as defined in AHRI Standard 

1200.’’; 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

(3) by inserting after paragraph (3) the following: 

‘‘(4)(A) Each SOC–SC–M manufactured on or after January 

1, 2012, shall have a total daily energy consumption (in kilowatt 

hours per day) of not more than 0.6 × TDA + 1.0. 

‘‘(B) Not later than 3 years after the date of enactment 

of this paragraph, the Secretary shall— 

‘‘(i) determine whether the standard established under 

subparagraph (A) should be amended; and 

‘‘(ii) if the Secretary determines that such standard 

should be amended, issue a final rule establishing an 

amended standard. 

‘‘(C) If the Secretary issues a final rule pursuant to 

subparagraph (B) establishing an amended standard, the final 

rule shall provide that the amended standard shall apply to 

products manufactured on or after the date that is— 

‘‘(i) 3 years after the date on which the final amended 

standard is published; or 

‘‘(ii) if the Secretary determines, by rule, that 3 years 

is inadequate, not later than 5 years after the date on 

which the final rule is published.’’. 

SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE 

CHANGES. 

(a) THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGHTHE-WALL CENTRAL AIR CONDITIONING HEAT PUMPS, AND SMALL

DUCT, HIGH VELOCITY SYSTEMS.—Section 325(d) of the Energy 

Policy and Conservation Act (42 U.S.C. 6295(d)) is amended by 

adding at the end the following: 

‘‘(4) STANDARDS FOR THROUGH-THE-WALL CENTRAL AIR

CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR CONDITIONING

HEAT PUMPS, AND SMALL DUCT, HIGH VELOCITY SYSTEMS.— 

‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) SMALL DUCT, HIGH VELOCITY SYSTEM.—The 

term ‘small duct, high velocity system’ means a heating 

and cooling product that contains a blower and indoor 

coil combination that— 

‘‘(I) is designed for, and produces, at least 

1.2 inches of external static pressure when operated at the certified air volume rate of 220–350 

CFM per rated ton of cooling; and 

‘‘(II) when applied in the field, uses high 

velocity room outlets generally greater than 1,000 

fpm that have less than 6.0 square inches of free 

area. 

‘‘(ii) THROUGH-THE-WALL CENTRAL AIR CONDITIONER; THROUGH-THE-WALL CENTRAL AIR CONDI- TIONING HEAT PUMP.—The terms ‘through-the-wall central air conditioner’ and ‘through-the-wall central air 

conditioning heat pump’ mean a central air conditioner 

or heat pump, respectively, that is designed to be 

installed totally or partially within a fixed-size opening 

in an exterior wall, and— 

Applicability. 

Publication. 

Deadlines. 

Determinations. 

Regulations. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1518 PUBLIC LAW 112–210—DEC. 18, 2012 

‘‘(I) is not weatherized; 

‘‘(II) is clearly and permanently marked for 

installation only through an exterior wall; 

‘‘(III) has a rated cooling capacity no greater 

than 30,000 Btu/hr; 

‘‘(IV) exchanges all of its outdoor air across 

a single surface of the equipment cabinet; and 

‘‘(V) has a combined outdoor air exchange area 

of less than 800 square inches (split systems) or 

less than 1,210 square inches (single packaged 

systems) as measured on the surface area 

described in subclause (IV). 

‘‘(iii) REVISION.—The Secretary may revise the 

definitions contained in this subparagraph through 

publication of a final rule. 

‘‘(B) SMALL-DUCT HIGH-VELOCITY SYSTEMS.— ‘‘(i) SEASONAL ENERGY EFFICIENCY RATIO.—The seasonal energy efficiency ratio for small-duct highvelocity systems shall be not less than— 

‘‘(I) 11.00 for products manufactured on or 

after January 23, 2006; and 

‘‘(II) 12.00 for products manufactured on or 

after January 1, 2015. 

‘‘(ii) HEATING SEASONAL PERFORMANCE FACTOR.— 

The heating seasonal performance factor for smallduct high-velocity systems shall be not less than— 

‘‘(I) 6.8 for products manufactured on or after 

January 23, 2006; and 

‘‘(II) 7.2 for products manufactured on or after 

January 1, 2015. 

‘‘(C) SUBSEQUENT RULEMAKINGS.—The Secretary shall 

conduct subsequent rulemakings for through-the-wall central air conditioners, through-the-wall central air conditioning heat pumps, and small duct, high velocity systems 

as part of any rulemaking under this section used to review 

or revise standards for other central air conditioners and 

heat pumps.’’. 

(b) DUTY TO REVIEW COMMERCIAL EQUIPMENT.—Section 

342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 

6313(a)(6)) is amended— 

(1) in subparagraph (A)(i), by inserting ‘‘the standard levels 

or design requirements applicable under that standard to’’ 

immediately before ‘‘any small commercial’’; and 

(2) in subparagraph (C)— 

(A) in clause (i)— 

(i) by striking ‘‘Not later than 6 years after 

issuance of any final rule establishing or amending 

a standard, as required for a product under this part,’’ 

and inserting ‘‘Every 6 years,’’; and 

(ii) by inserting after ‘‘the Secretary shall’’ the 

following: ‘‘conduct an evaluation of each class of covered equipment and shall’’; and 

(B) by adding at the end the following: 

‘‘(vi) For any covered equipment as to which more 

than 6 years has elapsed since the issuance of the 

most recent final rule establishing or amending a 

standard for the product as of the date of enactment 

Notice. 

Publication. 

Deadline. 

Evaluation. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–210—DEC. 18, 2012 126 STAT. 1519 

of this clause, the first notice required under clause 

(i) shall be published by December 31, 2013.’’. 

(c) PETITION FOR AMENDED STANDARDS.—Section 325(n) of the 

Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is 

amended— 

(1) by redesignating paragraph (3) as paragraph (5); and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) NOTICE OF DECISION.—Not later than 180 days after 

the date of receiving a petition, the Secretary shall publish 

in the Federal Register a notice of, and explanation for, the 

decision of the Secretary to grant or deny the petition. 

‘‘(4) NEW OR AMENDED STANDARDS.—Not later than 3 years 

after the date of granting a petition for new or amended standards, the Secretary shall publish in the Federal Register— 

‘‘(A) a final rule that contains the new or amended 

standards; or 

‘‘(B) a determination that no new or amended standards are necessary.’’. 

SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY 

EFFICIENT TECHNOLOGIES FOR INDUSTRY. 

(a) IN GENERAL.—As part of the research and development 

activities of the Industrial Technologies Program of the Department 

of Energy, the Secretary of Energy (referred to in this section 

as the ‘‘Secretary’’) shall establish, as appropriate, collaborative 

research and development partnerships with other programs within 

the Office of Energy Efficiency and Renewable Energy (including 

the Building Technologies Program), the Office of Electricity 

Delivery and Energy Reliability, and the Office of Science that— 

(1) leverage the research and development expertise of 

those programs to promote early stage energy efficiency technology development; 

(2) support the use of innovative manufacturing processes 

and applied research for development, demonstration, and 

commercialization of new technologies and processes to improve 

efficiency (including improvements in efficient use of water), 

reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; and 

(3) apply the knowledge and expertise of the Industrial 

Technologies Program to help achieve the program goals of 

the other programs. 

(b) REPORTS.—Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall 

submit to Congress a report that describes actions taken to carry 

out subsection (a) and the results of those actions. 

SEC. 7. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL 

ENERGY EFFICIENCY. 

(a) DEFINITIONS.—In this section: 

(1) INDUSTRIAL ENERGY EFFICIENCY.—The term ‘‘industrial 

energy efficiency’’ means the energy efficiency derived from 

commercial technologies and measures to improve energy efficiency or to generate or transmit electric power and heat, 

including electric motor efficiency improvements, demand 

response, direct or indirect combined heat and power, and 

waste heat recovery. 

(2) INDUSTRIAL SECTOR.—The term ‘‘industrial sector’’ 

means any subsector of the manufacturing sector (as defined 

42 USC 6351. 

Deadline. 

Federal Register, 

publication. 

Regulations. 

Determination. 

Deadline. 

Federal Register, 

publication. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1520 PUBLIC LAW 112–210—DEC. 18, 2012 

in North American Industry Classification System codes 31– 

33 (as in effect on the date of enactment of this Act)) establishments of which have, or could have, thermal host facilities 

with electricity requirements met in whole, or in part, by onsite 

electricity generation, including direct and indirect combined 

heat and power or waste recovery. 

(b) REPORT ON THE DEPLOYMENT OF INDUSTRIAL ENERGY EFFICIENCY.— 

(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this Act, the Secretary shall submit to the 

Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources 

of the Senate a report describing— 

(A) the results of the study conducted under paragraph 

(2); and 

(B) recommendations and guidance developed under 

paragraph (3). 

(2) STUDY.—The Secretary, in coordination with the industrial sector and other stakeholders, shall conduct a study of 

the following: 

(A) The legal, regulatory, and economic barriers to 

the deployment of industrial energy efficiency in all electricity markets (including organized wholesale electricity 

markets, and regulated electricity markets), including, as 

applicable, the following: 

(i) Transmission and distribution interconnection 

requirements. 

(ii) Standby, back-up, and maintenance fees 

(including demand ratchets). 

(iii) Exit fees. 

(iv) Life of contract demand ratchets. 

(v) Net metering. 

(vi) Calculation of avoided cost rates. 

(vii) Power purchase agreements. 

(viii) Energy market structures. 

(ix) Capacity market structures. 

(x) Other barriers as may be identified by the 

Secretary, in coordination with the industrial sector 

and other stakeholders. 

(B) Examples of— 

(i) successful State and Federal policies that 

resulted in greater use of industrial energy efficiency; 

(ii) successful private initiatives that resulted in 

greater use of industrial energy efficiency; and 

(iii) cost-effective policies used by foreign countries 

to foster industrial energy efficiency. 

(C) The estimated economic benefits to the national 

economy of providing the industrial sector with Federal 

energy efficiency matching grants of $5,000,000,000 for 

5- and 10-year periods, including benefits relating to— 

(i) estimated energy and emission reductions; 

(ii) direct and indirect jobs saved or created; 

(iii) direct and indirect capital investment; 

(iv) the gross domestic product; and 

(v) trade balance impacts. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–210—DEC. 18, 2012 126 STAT. 1521 

(D) The estimated energy savings available from 

increased use of recycled material in energy-intensive 

manufacturing processes. 

(3) RECOMMENDATIONS AND GUIDANCE.—The Secretary, in 

coordination with the industrial sector and other stakeholders, 

shall develop policy recommendations regarding the deployment 

of industrial energy efficiency, including proposed regulatory 

guidance to States and relevant Federal agencies to address 

barriers to deployment. 

SEC. 8. BEST PRACTICES FOR ADVANCED METERING. 

Section 543(e) of the National Energy Conservation Policy Act 

(42 U.S.C. 8253(e)) is amended by striking paragraph (3) and 

inserting the following: 

‘‘(3) PLAN.—Not later than 180 days after the date on 

which guidelines are established under paragraph (2), in a 

report submitted by the agency under section 548(a), each 

agency shall submit to the Secretary a plan describing the 

manner in which the agency will implement the requirements 

of paragraph (1), including— 

‘‘(A) how the agency will designate personnel primarily 

responsible for achieving the requirements; and 

‘‘(B) a demonstration by the agency, complete with 

documentation, of any finding that advanced meters or 

advanced metering devices (as those terms are used in 

paragraph (1)), are not practicable. 

‘‘(4) BEST PRACTICES REPORT.— 

‘‘(A) IN GENERAL.—Not later than 180 days after the 

date of enactment of this paragraph, the Secretary of 

Energy, in consultation with the Secretary of Defense and 

the Administrator of General Services, shall develop, and 

issue a report on, best practices for the use of advanced 

metering of energy use in Federal facilities, buildings, and 

equipment by Federal agencies. 

‘‘(B) COMPONENTS.—The report shall include, at a minimum— 

‘‘(i) summaries and analysis of the reports by agencies under paragraph (3); 

‘‘(ii) recommendations on standard requirements 

or guidelines for automated energy management systems, including— 

‘‘(I) potential common communications standards to allow data sharing and reporting; 

‘‘(II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and 

‘‘(III) standards for sufficient levels of security 

and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; 

and 

‘‘(iii) an analysis of— 

‘‘(I) the types of advanced metering and monitoring systems being piloted, tested, or installed 

in Federal buildings; and 

‘‘(II) existing techniques used within the private sector or other non-Federal government 

buildings.’’. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1522 PUBLIC LAW 112–210—DEC. 18, 2012 

SEC. 9. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION 

STANDARD. 

Section 543 of the National Energy Conservation Policy Act 

(42 U.S.C. 8253) is amended— 

(1) by redesignating the second subsection (f) (as added 

by section 434(a) of Public Law 110–140 (121 Stat. 1614)) 

as subsection (g); and 

(2) in subsection (f)(7), by striking subparagraph (A) and 

inserting the following: 

‘‘(A) IN GENERAL.—For each facility that meets the 

criteria established by the Secretary under paragraph 

(2)(B), the energy manager shall use the web-based 

tracking system under subparagraph (B)— 

‘‘(i) to certify compliance with the requirements 

for— 

‘‘(I) energy and water evaluations under paragraph (3); 

‘‘(II) implementation of identified energy and 

water measures under paragraph (4); and 

‘‘(III) follow-up on implemented measures 

under paragraph (5); and 

‘‘(ii) to publish energy and water consumption data 

on an individual facility basis.’’. 

SEC. 10. TECHNICAL CORRECTIONS. 

(a) TITLE III OF ENERGY INDEPENDENCE AND SECURITY ACT

OF 2007—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR

APPLIANCES AND LIGHTING.— 

(1) Section 325(u) of the Energy Policy and Conservation 

Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 

Energy Independence and Security Act of 2007 (121 Stat. 1550)) 

is amended— 

(A) by redesignating paragraph (7) as paragraph (4); 

and 

(B) in paragraph (4) (as so redesignated), by striking 

‘‘supplies is’’ and inserting ‘‘supply is’’. 

(2) Section 302(b) of the Energy Independence and Security 

Act of 2007 (121 Stat. 1551) is amended by striking ‘‘6313(a)’’ 

and inserting ‘‘6314(a)’’. 

(3) Section 342(a)(6) of the Energy Policy and Conservation 

Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) 

of the Energy Independence and Security Act of 2007 (121 

Stat. 1554)) is amended— 

(A) in subparagraph (B)— 

(i) by striking ‘‘If the Secretary’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—If the Secretary’’; 

(ii) by striking ‘‘clause (ii)(II)’’ and inserting 

‘‘subparagraph (A)(ii)(II)’’; 

(iii) by striking ‘‘clause (i)’’ and inserting ‘‘subparagraph (A)(i)’’; and 

(iv) by adding at the end the following: 

‘‘(ii) FACTORS.—In determining whether a standard 

is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving 

views and comments furnished with respect to the 

proposed standard, determine whether the benefits of 

Determination. 

42 USC 6314. 

Certification. 

Web posting. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–210—DEC. 18, 2012 126 STAT. 1523 

the standard exceed the burden of the proposed 

standard by, to the maximum extent practicable, considering— 

‘‘(I) the economic impact of the standard on 

the manufacturers and on the consumers of the 

products subject to the standard; 

‘‘(II) the savings in operating costs throughout 

the estimated average life of the product in the 

type (or class) compared to any increase in the 

price of, or in the initial charges for, or maintenance expenses of, the products that are likely 

to result from the imposition of the standard; 

‘‘(III) the total projected quantity of energy 

savings likely to result directly from the imposition 

of the standard; 

‘‘(IV) any lessening of the utility or the 

performance of the products likely to result from 

the imposition of the standard; 

‘‘(V) 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; 

‘‘(VI) the need for national energy conservation; and 

‘‘(VII) other factors the Secretary considers relevant. 

‘‘(iii) ADMINISTRATION.— 

‘‘(I) ENERGY USE AND EFFICIENCY.—The Secretary may not prescribe any amended standard 

under this paragraph that increases the maximum 

allowable energy use, or decreases the minimum 

required energy efficiency, of a covered product. 

‘‘(II) UNAVAILABILITY.— 

‘‘(aa) IN GENERAL.—The Secretary may not 

prescribe an amended standard under this 

subparagraph if the Secretary finds (and publishes the finding) that interested persons 

have established by a preponderance of the 

evidence that a standard is likely to result 

in the unavailability in the United States in 

any product type (or class) of performance 

characteristics (including reliability, features, 

sizes, capacities, and volumes) that are 

substantially the same as those generally 

available in the United States at the time 

of the finding of the Secretary. 

‘‘(bb) OTHER TYPES OR CLASSES.—The 

failure of some types (or classes) to meet the 

criterion established under this subclause 

shall not affect the determination of the Secretary on whether to prescribe a standard for 

the other types or classes.’’; and 

(B) in subparagraph (C)(iv), by striking ‘‘An amendment prescribed under this subsection’’ and inserting ‘‘Notwithstanding subparagraph (D), an amendment prescribed 

under this subparagraph’’. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1524 PUBLIC LAW 112–210—DEC. 18, 2012 

(4) Section 342(a)(6)(B)(iii) of the Energy Policy and Conservation Act (as added by section 306(c) of the Energy 

Independence and Security Act of 2007 (121 Stat. 1559)) is 

transferred and redesignated as clause (vi) of section 

342(a)(6)(C) of the Energy Policy and Conservation Act (as 

amended by section 305(b)(2) of the Energy Independence and 

Security Act of 2007 (121 Stat. 1554)). 

(5) Section 345 of the Energy Policy and Conservation 

Act (42 U.S.C. 6316) (as amended by section 312(e) of the 

Energy Independence and Security Act of 2007 (121 Stat. 1567)) 

is amended— 

(A) by striking ‘‘subparagraphs (B) through (G)’’ each 

place it appears and inserting ‘‘subparagraphs (B), (C), 

(D), (I), (J), and (K)’’; 

(B) by striking ‘‘part A’’ each place it appears and 

inserting ‘‘part B’’; 

(C) in subsection (a)— 

(i) in paragraph (8), by striking ‘‘and’’ at the end; 

(ii) in paragraph (9), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(10) section 327 shall apply with respect to the equipment 

described in section 340(1)(L) beginning on the date on which 

a final rule establishing an energy conservation standard is 

issued by the Secretary, except that any State or local standard 

prescribed or enacted for the equipment before the date on 

which the final rule is issued shall not be preempted until 

the energy conservation standard established by the Secretary 

for the equipment takes effect.’’; 

(D) in subsection (b)(1), by striking ‘‘section 325(p)(5)’’ 

and inserting ‘‘section 325(p)(4)’’; and 

(E) in subsection (h)(3), by striking ‘‘section 342(f)(3)’’ 

and inserting ‘‘section 342(f)(4)’’. 

(6) Section 321(30)(D)(i)(III) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by 

section 321(a)(1)(A) of the Energy Independence and Security 

Act of 2007 (121 Stat. 1574)) is amended by inserting before 

the semicolon the following: ‘‘or, in the case of a modified 

spectrum lamp, not less than 232 lumens and not more than 

1,950 lumens’’. 

(7) Section 321(30)(T) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by section 

321(a)(1)(B) of the Energy Independence and Security Act of 

2007 (121 Stat. 1574)) is amended— 

(A) in clause (i)— 

(i) by striking the comma after ‘‘household appliance’’ and inserting ‘‘and’’; and 

(ii) by striking ‘‘and is sold at retail,’’; and 

(B) in clause (ii), by inserting ‘‘when sold at retail,’’ 

before ‘‘is designated’’. 

(8) Section 325(l)(4)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by section 

321(a)(3)(B) of the Energy Independence and Security Act of 

2007 (121 Stat. 1581)) is amended by striking ‘‘only’’. 

(9) Section 327(b)(1)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by section 

Applicability. 

Effective date. 

42 USC 6313. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–210—DEC. 18, 2012 126 STAT. 1525 

321(d)(3) of the Energy Independence and Security Act of 2007 

(121 Stat. 1585)) is amended— 

(A) in clause (i), by inserting ‘‘and’’ after the semicolon 

at the end; 

(B) in clause (ii), by striking ‘‘; and’’ and inserting 

a period; and 

(C) by striking clause (iii). 

(10) Section 321(30)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by section 

322(a)(1)(B) of the Energy Independence and Security Act of 

2007 (121 Stat. 1587)) is amended by inserting a period after 

‘‘40 watts or higher’’. 

(11) Section 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1588) is amended by striking 

‘‘6995(i)’’ and inserting ‘‘6295(i)’’. 

(12) Section 325(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1596) is amended by striking 

‘‘6924(c)’’ and inserting ‘‘6294(c)’’. 

(13) This subsection and the amendments made by this 

subsection take effect as if included in the Energy Independence 

and Security Act of 2007 (Public Law 110–140; 121 Stat. 1492). 

(b) ENERGY POLICY ACT OF 2005.— 

(1) Section 325(g)(8)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section 

135(c)(2)(B) of the Energy Policy Act of 2005) is amended by 

striking ‘‘20°F’’ and inserting ‘‘negative 20°F’’. 

(2) This subsection and the amendment made by this subsection take effect as if included in the Energy Policy Act 

of 2005 (Public Law 109–58; 119 Stat. 594). 

(c) ENERGY POLICY AND CONSERVATION ACT.— 

(1) Section 340(2)(B) of the Energy Policy and Conservation 

Act (42 U.S.C. 6311(2)(B)) is amended— 

(A) in clause (xi), by striking ‘‘and’’ at the end; 

(B) in clause (xii), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(xiii) other motors.’’. 

(2) Section 343(a) of the Energy Policy and Conservation 

Act (42 U.S.C. 6314(a)) is amended by striking ‘‘Air-Conditioning and Refrigeration Institute’’ each place it appears in 

Effective date. 

42 USC 6295 

note. 

Effective date. 

42 USC 6291 

note. 

42 USC 6294. 

42 USC 6295. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 1526 PUBLIC LAW 112–210—DEC. 18, 2012 

LEGISLATIVE HISTORY—H.R. 6582: 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

Dec. 4, considered and passed House. 

Dec. 6, considered and passed Senate. 

Æ 

paragraphs (4)(A) and (7) and inserting ‘‘Air-Conditioning, 

Heating, and Refrigeration Institute’’. 

Approved December 18, 2012. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS