Agreement on Minimum Federal Efficiency Standards,

Smart Appliances, Federal Incentives and

Related Matters for Specified Appliances

July 30, 2010

 THIS AGREEMENT memorializes the commitments made by the undersigned 

representatives of the organizations (the “Joint Stakeholders”) regarding joint 

recommendations for new energy and water conservation standards, test procedures, tax 

incentives and Energy Star criteria for specified major home appliances. The Joint 

Stakeholders will jointly submit to the United States Congress and the Administration 

(including, but not limited to the Department of Energy (DOE) and the Environmental 

Protection Agency (EPA)) this Agreement and the specific recommendations herein in 

such form as will facilitate their adoption. The Joint Stakeholders agree to pursue a 

multi-pronged approach designed to achieve Congressional and regulatory 

implementation of all the elements contained in the agreement. Any changes to this 

agreement must be mutually agreed to by the joint Stakeholders. 

1. The Joint Stakeholders will jointly submit to Congress and, in good faith, proactively 

seek enactment of the energy and water conservation standards contained in 

Attachment I. The Joint Stakeholders will submit to Congress recommended 

amendments to the Energy Policy and Conservation Act enacting these standards 

(Attachment II). These amendments include revised standards for 

refrigerator/freezers, clothes washers, clothes dryers, room air conditioners and 

dishwashers. 

2. Not later than August 1, 2010, the Joint Stakeholders shall submit this agreement to 

DOE. The Joint Stakeholders shall jointly propose that DOE issue final rules 

adopting each of the energy conservation standards contained in Attachment I and the 

amendments presented to Congress and will proactively advocate for DOE adoption 

of these standards. The Joint Stakeholders agree that the recommended standards 

address all of the statutory criteria that the Department is required to take into account 

in promulgating new energy and water conservation standards for the affected 

products with respect to the specified efficiency criteria. 

3. For refrigerators/freezers, clothes washers, room air conditioners and clothes dryers, 

the Joint Stakeholders shall submit comments to each product’s DOE docket 

supporting the recommendations. For refrigerator/freezers, such comment shall be 

filed not later than August 10, 2010; for clothes dryers and room air conditioners, not 

later than September 10, 2010 and for clothes washers not later than October 31, 

2010. In the case of dishwashers (for which no rulemaking is currently underway) 

not later than September 15, 2010, the Joint Stakeholders shall petition DOE to 

initiate a rulemaking and to publish a final rule by September 2011. 

4. The 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. 

5. The Joint Stakeholders agree 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. 

6. The Joint Stakeholders agree to jointly petition DOE to initiate a rulemaking by 

January 1, 2012 to be completed by December 31, 2012 to revise the test procedure 

for refrigerators/freezers to incorporate measured ice maker energy use. The Joint 

Stakeholders will make good faith efforts to work collaboratively through AHAM’s 

HRF-1 task force to arrive at a joint test procedure recommendation. AHAM will 

invite the non-manufacturer signers to this agreement to designate a participant for 

the task force only for the development of this initial test procedure for 

refrigerators/freezers to incorporate measured ice maker energy use. As part of the 

petition to be filed, the Joint Stakeholders further agree to petition DOE for 

rulemaking to incorporate measured ice maker energy use into an amended 

refrigerator standard to be completed within six months of a revised test procedure 

incorporating measured ice maker energy use based on the procedure recommended 

by AHAM’s HRF-1 task force and to recommend that this amended standard take 

effect three years after a final rule is published. This commitment to petition for 

rulemaking and standards revisions applies whether a specific consensus test 

procedure is developed by AHAM’s HRF-1 task force or not. 

7. The Joint Stakeholders agree to submit the letters and attachments recommending 

certain modifications to the test procedures for refrigerator/freezers, clothes washers 

and clothes dryers contained in Attachment III, IV and V not later than August 1, 

2010. The Joint Stakeholders agree that each party may advocate for any other 

modifications to the test procedures, provided such modification is not in direct 

contradiction to the attached recommendations. 

8. The Joint Stakeholders will jointly submit to Congress recommendations for 

extending the existing federal manufacturer tax credits for specified appliances as 

described in Attachment VI. 

9. The Joint Stakeholders will in good faith jointly develop and proactively support the 

adoption of federal tax credits or other incentives for widespread deployment and 

effective integration of smart-grid enabled versions of appliances subject to this 

agreement across the United States. 

10. The Joint Stakeholders will jointly petition EPA and DOE no later than September 

30, 2010 to provide a 5% credit to the energy performance level required to meet 

ENERGY STAR eligibility criteria for smart-grid enabled appliances that are subject 

to this agreement. 

2
11. Any filings, proposals or responses to DOE notices shall be consistent with this 

Agreement and the parties shall file rulemaking petitions, file comments or take other 

actions with respect to DOE or other regulatory agencies consistent with this 

Agreement. 

12. The Joint Stakeholders agree to cooperate with each other in the preparation of press 

releases and public statements in support of this Agreement. 

13. The Joint Stakeholders agree to support and cooperate with each other to obtain 

passage of the legislation described in the Agreement, including advocacy in 

Congress and to the Administration. The Joint Stakeholders agree to develop and 

jointly recommend legislative history concerning the recommended amendments. 

14. The Joint Stakeholders agree to consult with and obtain consent from all parties 

before supporting, advocating or agreeing to changes in the legislation. Such consent 

will not unreasonably be withheld. 

15. The Joint Stakeholders agree not to attempt to overturn or revise, or to file or support 

any legal or legislative challenge to, the recommendations once adopted, whether by 

Act of Congress or by rule. The Stakeholders agree to support DOE in a manner as 

each one deems to be reasonable and appropriate in defending any legal, legislative, 

or administrative challenge to a final rule that adopts the proposed standards. This 

provision will still apply if DOE, on its own volition, adopts a rule that includes 

minor deviations from Attachment I. The Joint Stakeholders agree to consult with 

respect to their responses to any deviation from the recommendations and to make 

good faith efforts to respond jointly. 

16. The Joint Stakeholders agree to implement the commitments made in this Agreement 

individually or in groups. Each Joint Stakeholder will respond in good faith to 

reasonable requests by other Joint Stakeholders for joint implementation of any of 

these commitments. 

17. Any additional mutually agreed to changes to this agreement will be provided to 

Congress and the Administration as necessitated. 

18. Nothing in this Agreement is intended to inhibit in any way efforts by individual 

stakeholders to research, develop, or market products to standards that differ from 

those contemplated by this Agreement, provided such products are in compliance 

with applicable laws and regulations. 

19. Nothing in this Agreement is intended to direct any technical or product design 

approach to achieving efficiency standards and the parties shall not take any act to 

establish any such common approach. 

20. This Agreement is hereby agreed to, in counterparts, by the undersigned Joint 

Stakeholders. This Agreement binds the undersigned Joint Stakeholders, their 

3
employees, their agents, and any successors and will take effect when all signatures 

are affixed. This agreement applies until December 31, 2012, except clause 15 which 

applies until December 31, 2013. 

Joint Stakeholders

 Manufacturers Advocates

Joseph McGuire Steven Nadel 

President Executive Director 

Association of Home Appliance American Council for an Energy 

Manufacturers Efficient Economy 

On Behalf of – 

Members of Major Appliance Division: Appliance Standards Awareness Project 

Whirlpool Natural Resources Defense Council 

General Electric Alliance to Save Energy 

Electrolux Alliance for Water Efficiency 

LG Electronics Northwest Power and Conservation Council 

BSH Northeast Energy Efficiency Partnerships 

Alliance Laundry Consumer Federation of America 

Viking Range National Consumer Law Center 

Sub-Zero Wolf 

Friedrich A/C 

U-Line 

Samsung 

Sharp Electronics 

Miele 

Heat Controller 

AGA Marvel 

Brown Stove 

Haier 

Fagor America 

Airwell Group 

Arcelik 

Fisher & Paykel 

Scotsman Ice 

Indesit 

Kuppersbusch 

Kelon 

DeLonghi 

Attachments 

4
(I) Recommended energy and water conservation standards 

(II) Recommended legislative amendments 

(III) Recommendations concerning refrigerator test procedures 

(IV) Recommendations concerning clothes washer test procedures 

(V) Recommendations concerning clothes dryer test procedures 

(VI) Recommended legislative amendment for tax incentives 

5
AHAM-ACEEE Multi-Product Standards Agreement

Attachment I
Product Class Product Description Slope Intercept

Standard size

Automatic Defrost Refrigerator-Freezers

3 Top Freezer w/o TTD ice 25% 7.35 207.0

6 Top Freezer w/ TTD ice 25% 7.65 267.0

4 Side Freezer w/o TTD ice 25% 3.68 380.6

7 Side Freezer w/ TTD ice 25% 7.58 304.5

5 Bottom Freezer w/o TTD ice 20% 3.68 367.2

5a/19 Bottom Freezer w/ TTD ice 20% 4.00 431.2

Manual & Partial Automatic Refrigerator-Freezers

1 Manual Defrost 20% 7.06 198.7

2 Partial Automatic 20% 7.06 198.7

All Refrigerators

1a Manual Defrost 20% 7.06 198.7

3a Automatic Defrost 25% 7.35 207.0

All Freezers

8 Upright with manual defrost 25% 5.66 193.7

9 Upright with automatic defrost 30% 8.70 228.3

10 Chest with manual defrost 25% 7.41 107.8

10a/20 Chest with automatic defrost 30% 10.33 148.1

Compact Size

Automatic Defrost Refrigerator-Freezers

13/15 Top Freezer and Bottom Freezer 15% 10.80 301.8

14 Side Freezer 20% 6.08 400.8

Manual & Partial Automatic Refrigerator-Freezers

11 Manual Defrost 25% 8.03 224.3

12 Partial Automatic 25% 5.25 298.5

All Refrigerators

11a Manual defrost 25% 8.03 224.3

13a Automatic defrost 25% 9.53 266.3

All Freezers

16 Upright with manual defrost 10% 8.80 225.7

17 Upright with automatic defrost 10% 10.26 351.9

18 Chest 10% 9.41 136.8

Built-ins

Automatic Defrost Refrigerator-Freezers

3B Top Freezer w/o TTD ice 20% 7.84 220.8

4B Side Freezer w/o TTD ice 20% 3.93 406.0

7B Side Freezer w/ TTD ice 20% 8.08 324.8

5B Bottom Freezer w/o TTD ice 15% 3.91 390.2

5aB Bottom Freezer w// TTD ice 15% 4.25 458.2

All Refrigerators

3aB Automatic Defrost 20% 7.84 220.8

All Freezers

9B Upright with automatic defrost 25% 9.32 244.6

Revised Standard 

Equation

January 1, 2014

Change in 

Standard

AHAM-ACEEE Multi-Product Standards Agreement

Refrigerator/Freezer
Product Description

Product 

Class

New Standard 

Jan. 1, 2015 

(MEF/WF)

New Standard 

Jan. 1, 2018 

(MEF/WF)

Top-Loading, Compact (less than 1.6 

cubic feet capacity) 1 1.26/14.0 1.81/11.6

Top-Loading, Standard 2 1.72/8.0 2.0/6.0

Front-Loading, Standard 4

Front-Loading, Compact (less than 1.6 

cubic feet capacity) 6 1.72/8.0

2.2/4.5

AHAM-ACEEE Multi-Product Standards Agreement

Clothes Washers
Product Description

Product 

Class

Change in 

Standard

New 

Standard (EF)

Vented Electric Standard 1 5% 3.17

Vented Electric Compact 120V 2 5% 3.29

Vented Electric Compact 240V 3 5% 3.05

Vented Gas 4 5% 2.81

Vent-less Electric Compact 240V 5 new 2.37

Vent-less Electric Combination Washer/Dryer 6 new 1.95

AHAM-ACEEE Multi-Product Standards Agreement

Dryers

January 1, 2015
Product 

Class Product Description

Change in 

Standard

New 

Standard 

(EER)

Without Reverse Cycle w/Louvers

1 <6,000 15% 11.2

2 6,000 to 7,999 15% 11.2

3 8,000-13,999 12% 11.0

4 14,000 to 19,999 11% 10.8

5 20,000-27,999 11% 9.4

5a ≥28,000 6% 9.0

Without Reverse Cycle w/o Louvers

6 < 6,000 13% 10.2

7 6,000 to 7,999 13% 10.2

8 8,000-10,999 14% 9.7

8a 11,000-13,999 13% 9.6

9 14,000-19,999 11% 9.4

10 ≥20,000 11% 9.4

With Reverse Cycle 

11 < 20,000 w/Louvers 10% 9.9

12 ≥ 20,000 w/Louvers 11% 9.4

13 < 14,000 w/o Louvers 11% 9.4

14 ≥ 14,000 w/o Louvers 10% 8.8

Casement

15 Casement Only 10% 9.6

16 Casement-Slider 11% 10.5

AHAM-ACEEE Multi-Product Standards Agreement

Room Air Conditioners

June 1, 2014
Product Description

New Standard 

Jan. 1, 2013

Standard (≥ 8 place settings plus 6 serving 

pieces)

307 kWh/year &

5.0 gallons/cycle 

Compact (< 8 place settings plus 6 serving 

pieces)

222 kWh/year &

3.5 gallons/cycle

AHAM-ACEEE Multi-Product Standards Agreement

Dishwashers
1 

AHAM-ACEEE Agreement

Attachment II

AHAM Products Statutory Provisions 

Resulting from Negotiation 

(to be inserted into Energy bill) 

Section _____ 

Measuring Icemaker Energy

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended by 

adding after the end of paragraph (23) the following: 

“(24) Refrigerator/Freezer Test Procedure.– 

(A) By January 1, 2011, the Secretary shall finalize the test procedure proposed on May 27, 2010 

with such modifications as the Secretary deems appropriate consistent with this Part. 

 

(B) The Secretary shall initiate a rulemaking no later than January 1, 2012 to amend the test 

procedure only to incorporate measured automatic icemaker energy use and shall publish a final 

rule by December 31, 2012. 

(25) Additional home appliance test procedures. -- 

(A) By October 1, 2011, the Secretary shall publish a final rule amending the residential clothes 

washer test procedure. 

(B) By April 1, 2011, the Secretary shall finalize the test procedure for clothes dryers proposed 

on June 29, 2010 with such modifications as the Secretary deems appropriate consistent with this 

Part. 

(C) By April 1, 2011, the Secretary shall finalize the test procedure for room air conditioners 

proposed on June 29, 2010 with such modifications as the Secretary deems appropriate 

consistent with this Part. 

Section _____ 

Refrigerator/Freezer Standards

Section 6295(b) of the Energy Policy and Conservation Action (42 U.S.C. 6295) is amended by 

striking subsection (b)(4) and inserting the following: 

“(4) Refrigerators, refrigerator-freezers and freezers manufactured on or after January 1, 2014. 

 (A)(i) In General – Based on the test procedure in effect on July 9, 2010, the following 

is the maximum energy use allowed in kilowatt hours per year for the following products (other 

than refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet 
2 

and freezers with total refrigerated volume exceeding 30 cubic feet) manufactured on or after 

January 1, 2014: 
3 

Refrigerator/Freezer Standards Equation

Product Description

Automatic Defrost Refrigerator-Freezers

Revised Standard 

Effective January 1, 2014 

Top Freezer w/o TTD ice 7.35 AV+ 207.0 

Top Freezer w/ TTD ice 7.65 AV+ 267.0 

Side Freezer w/o TTD ice 3.68 AV+ 380.6 

Side Freezer w/ TTD ice 7.58 AV+304.5 

Bottom Freezer w/o TTD ice 3.68 AV+ 367.2 

Bottom Freezer w/ TTD ice 4.0 AV+ 431.2 

Manual & Partial Automatic Refrigerator-Freezers

Manual Defrost 7.06 AV+ 198.7 

Partial Automatic 7.06 AV+198.7 

All Refrigerators

Manual Defrost 7.06AV+198.7 

Automatic Defrost 7.35 AV+ 207.0 

All Freezers

Upright with manual defrost 5.66 AV+ 193.7 

Upright with automatic defrost 8.70 AV+ 228.3 

Chest with manual defrost 7.41 AV+ 107.8 

Chest with automatic defrost 10.33 AV+ 148.1 

Compact Size

Automatic Defrost Refrigerator-Freezers

Top Freezer and Bottom Freezer 10.80 AV+ 301.8 

Side Freezer 6.08 AV+ 400.8 

Manual & Partial Automatic Refrigerator-Freezers

Manual Defrost 8.03 AV+ 224.3 

Partial Automatic 5.25 AV+ 298.5 

All Refrigerators

Manual defrost 8.03 AV+ 224.3 

Automatic defrost 9.53 AV+ 266.3 

All Freezers

Upright with manual defrost 8.80 AV+ 225.7 

Upright with automatic defrost 10.26 AV+ 351.9 

Chest 9.41AV+ 136.8 

Built-ins 

Automatic Defrost Refrigerator-Freezers

Top Freezer w/o TTD ice 7.84 AV+ 220.8 

Side Freezer w/o TTD ice 3.93 AV+ 406.0 

Side Freezer w/ TTD ice 8.08 AV+ 324.8 

Bottom Freezer w/o TTD ice 3.91 AV+ 390.2 

Bottom Freezer w// TTD ice 4.25 AV+ 458.2 

All Refrigerators

Automatic Defrost 7.84 AV+ 220.8 

All Freezers

Upright with automatic defrost 9.32 AV+ 244.6 
4 

(ii) After publication of each test procedure change pursuant to Section 323(b)(24), the 

Secretary shall publish final rules amending the standards contained in clause (i) 

according to the procedures in section 323(e)(2), except that the standards amendment 

pursuant to the test procedure change required by 323(b)(24)(B) shall be based on the 

difference between the average measured automatic ice maker energy use of a 

representative sample for each product class and the value assumed by DOE for ice 

maker energy use in the test procedure published pursuant to Section 323(b)(24)(A). 

Section 323(e)(3) shall not apply. 

(iii) The Secretary shall publish any final rule required by clause (ii) within six months 

of enactment of this paragraph or within six months of publication of a final rule 

amending the test procedure, whichever is later. 

(iv) The Secretary may establish new product classes as part of the final amended 

standard adopted pursuant to the test procedure change required by 323(b)(24)(B) if 

needed to distinguish among products with automatic icemakers. 

 (v) An amendment adopted pursuant to a test procedure change required by 

323(b)(24)(A) shall apply to products manufactured on or after January 1, 2014. An 

amendment adopted pursuant to a test procedure change required by 323(b)(24)(B) shall 

apply to products manufactured on or after a date three years from publication of the final 

rule amending the standards. 

(vi) For refrigerators, freezers and refrigerator-freezers, the Secretary may adjust in a 

rulemaking the slope and intercept of the equation in clause (i), based on the energy use 

of typical products of various sizes in a product class, provided that the average energy 

use for each of these classes is the same under the new equations as under the equations 

in clause (i). Any final rule with such revisions shall be published no later than July 1, 

2011. 

(vii) A final rule published under clause (ii) pursuant to the test procedure change 

required by 323(b)(24)(B) or pursuant to clause (iv) shall not be considered an 

amendment to the standard for purposes of Section 325(m). 

(B) Definition of ’Built-in’ product class – refrigerators, freezers and refrigerators 

with freezer units that are 7.75 cubic feet or greater in total volume and 24 inches or less 

cabinet depth not including doors, handles and custom front panels; are designed to be 

totally encased by cabinetry or panels attached during installation; are designed to accept 

a custom front panel or equipped with an integral factory–finished face; are designed to 

be securely fastened to adjacent cabinetry, walls or floor; and have sides which are not 

fully finished and are not intended to be visible after installation. 

Section _____ 

Standards for Clothes Washers
5 

 Section 325(g) of the Energy Policy and Conservation Act, (42 U.S.C. 6295(g)) is 

amended by striking subsection (g)(9)(B) and inserting the following: 

 (B)(i) Amendment of Standards. 

 Based on the test procedure in effect on July 9, 2010, clothes washers 

manufactured on or after January 1, 2015 shall comply with the following minimum 

modified energy factors (MEF) and maximum water factors (WF): 

For Products Manufactured on and after 

January 1, 2015 

 MEF WF 

Top Loading-Standard 1.72 8.0 

Top Loading – Compact 1.26 14.0 

Front Loading-Standard 2.2 4.5 

Front Loading-Compact (less 

than 1.6 cu. ft. capacity) 

1.72 8.0 

(ii) Based on the test procedure in effect on July 9, 2010, clothes washers manufactured 

on or after January 1, 2018 shall comply with the following minimum modified energy 

factors (MEF) and maximum water factors (WF): 

For Products Manufactured on and after 

January 1, 2018 

 MEF WF 

Top Loading -- Standard 2.0 6.0 

Top Loading – Compact 1.81 11.6 

(iii) The final rule amending the clothes washer test procedure adopted pursuant to 

Section 323(b)(25)(A) shall also amend the standards contained in clauses (i) and (ii) 

according to the procedures in section 323(e)(2). Section 323(e)(3) shall not apply to 

these amended standards. Amended standards based on clause (i) shall apply to products 

manufactured on or after January 1, 2015 and amended standards based on clause (ii) 

shall apply to products manufactured on or after January 1, 2018. 

(iv) The Secretary shall integrate standby and off mode energy consumption into the 

amended MEF standards required pursuant to clause (iii). These amended MEF 

standards shall reflect levels of standby and off mode energy consumption that meet the 

criteria under section 325(o). 

Section _____ Clothes Dryers 

 Section 325(g) of the Energy Policy and Conservation Act, (42 U.S.C. 6295(g)) is 

amended by adding a subsection (g)(4)(D) as follows: 

“(D)(i) Based on the test procedure in effect on July 9, 2010 as applicable, clothes dryers 

manufactured on and after January 1, 2015 shall meet the following minimum energy 

factors (EF): 
6 

Product Description New Standard (EF) 

Vented Electric Standard 3.17 

Vented Electric Compact 120V 3.29 

Vented Electric Compact 240V 3.05 

Vented Gas 2.81 

Vent-Less Electric Compact 240V 2.37 

Vent-Less Electric Combination Washer/Dryer 1.95 

(ii) The final rule amending the clothes dryer test procedure adopted pursuant to Section 

323(b)(25)(B) shall also amend the standards contained in clause (i) according to the 

procedures in section 323(e)(2), except that for the purposes of establishing a 

representative sample of products, DOE shall choose a sample of minimally compliant 

dryers which automatically terminate the drying cycle at no less than 4% remaining 

moisture content. Section 323(e)(3) shall not apply to these amended standards. The 

amended standards shall apply to products manufactured on or after January 1, 2015. 

(iii) The Secretary shall integrate standby and off mode energy consumption into the 

amended EF standards required pursuant to clause (ii). These amended EF standards 

shall reflect levels of standby and off mode energy consumption that meet the criteria 

under section 325(o). 

Section _______ 

Room Air Conditioner Standards - Section 325(c) of the Energy Policy and Conservation 

Act, (42 U.S.C. 6295(c)) is amended by adding subsection (c)(3) as follows: 

“(3) (A)(i) Based on the test procedure in effect on July 9, 2010 as applicable, the 

minimum energy efficiency ratio of room air conditioners manufactured on and after June 

1, 2014 shall be as follows: 

Product Description 

PROPOSAL (June 1, 2014)

New Standard EER 

Without Reverse Cycle w/Louvers

<6,000 11.2

6,000 to 7,999 11.2

8,000-13,999 11.0

14,000 to 19,999 10.8

20,000-27,999 9.4

≥28,000 9.0

Without Reverse Cycle w/o Louvers

<6,000 10.2

6,000 to 7,999 10.2

8,000-10,999 9.7

11,000-13,999 9.6

14,000 to 19,999 9.4

≥20,000 9.4

With Reverse Cycle 

<20,000 w/Louvers 9.9

≥ 20,000 w/Louvers 9.4

<14,000 w/o Louvers 9.4

≥ 14,000 w/o Louvers 8.8
7 

Casement 

Casement Only 9.6

Casement-Slider 10.5

(ii) The final rule amending the room air conditioner test procedure adopted pursuant to 

Section 323(b)(25)(C) shall also amend the standards contained in clause (i) according to 

the procedures in section 323(e)(2). Section 323(e)(3) shall not apply to these amended 

standards. The amended standards shall apply to products manufactured on or after June 

1, 2014. 

(iii) The Secretary shall integrate standby and off mode energy consumption into the 

amended EER standards required pursuant to clause (ii). These amended EER standards 

shall reflect levels of standby and off mode energy consumption that meet the criteria 

under section 325(o). 

Section_ Dishwashers 

Section 325(g)(10) of The Energy Policy and Conservation Act (42 U.S.C. 

6295(g)(10)) is amended by striking subparagraph (A), by redesignating 

subparagraph (B) as subparagraph (D), and by inserting the following before 

redesignated subparagraph (D): 

 

(A) A dishwasher manufactured on or after January 1, 2010 shall— 

(i) for a standard size dishwasher not exceed 355 kWh/year and 6.5 

gallons per cycle; and 

(ii) for a compact size dishwasher not exceed 260 kWh/year and 

4.5 gallons per cycle. 

(B) a dishwasher manufactured on or after January 1, 2013 shall— 

(i) for a standard size dishwasher not exceed 307 kwh/year and 5.0 

gallons per cycle; and 

(ii) for a compact size dishwasher not exceed 222 kwh/year and 3.5 

gallons per cycle. 

(C) Any final rule amending the dishwasher test procedure after July 9, 

2010, and before January 1, 2013 shall also amend the standards contained 

in subparagraph (B) according to the procedures in section 323(e)(2). 

Section 323(e)(3) shall not apply to these amended standards. The 

amended standards shall apply to products manufactured on and after 

January 1, 2013. 

Section__. Energy Star 
8 

Section 324a of the Energy Policy and Conservation Act (42 USC 6294a) is amended by 

adding a new subsection _ as follows: 

“ (_) Credit for Smart Appliances 

Not later than 180 days after enactment, the Administrator and the Secretary shall 

determine whether to update the Energy Star criteria for residential refrigerators/freezers, 

dishwashers, clothes washers, clothes dryers, and room air conditioners in order to 

incorporate smart grid and demand response features, after soliciting comments under 

paragraph (c)(5)." [of EPCA 324A] 
July 20, 2010 

The Honorable Catherine R. Zoi 

Assistant Secretary 

Office of Energy Efficiency and Renewable Energy 

U.S. Department of Energy 

1000 Independence Avenue, SW 

Washington, DC 20585 

Dear Assistant Secretary Zoi: 

The Association of Home Appliance Manufacturers (AHAM) and efficiency organizations, 

which are being coordinated by the American Council for an Energy-Efficient Economy 

(ACEEE), have agreed to a set of recommendations that should be addressed as the Department 

of Energy modifies the test procedure for refrigerator/freezers. 

Please find these recommendations attached, and we look forward to working with your office as 

the test procedure rulemaking progresses. 

Sincerely, 

Kevin Messner Steven Nadel 

Vice President, Government Relations Executive Director 

AHAM ACEEE 

cc: Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency 

 Roland Risser, Program Manager for Building Technologies 
Refrigerator/Freezer Test Procedure Changes

Recommendations

1. We are committed to working with DOE to develop a test procedure for icemaker 

energy use. 

2. DOE should include a placeholder value for icemaker energy use as proposed 

(75 FR 29847) until a test procedure for icemaker energy use is established, but 

this placeholder should only be an interim step. 

3. DOE should initiate a rulemaking no later than January 1, 2012 (and preferably 

earlier) to amend the test procedures to incorporate measured icemaker energy 

use. DOE should publish a final rule for amended test procedures by December 

31, 2012 (and preferably earlier). By July 1, 2013, DOE should publish a final 

rule amending energy conservation standards to adjust the standard levels for 

any difference between the placeholder value as proposed (75 FR 29847) and 

the average energy use of a representative sample of icemakers by product 

class as measured under the amended test procedure and in accordance with 

the new compartment temperatures that will become effective on January 1, 

2014. The effective date of the amended standards would be three years after 

publication of the final rule. (Note: We have also included this recommendation 

in proposed legislative language.) 

4. As part of the icemaker test procedure development, DOE should collect field 

data on energy use and ice production for different types of icemakers (e.g., 

automatic and manual), assuring a nationally representative sampling. 

5. DOE should join, and fund NIST’s participation in, the task force set up by AHAM 

and other interested parties to incorporate automatic icemaker energy use into 

the refrigerator/freezer test procedure. 

p 2
July 20, 2010 

The Honorable Catherine R. Zoi 

Assistant Secretary 

Office of Energy Efficiency and Renewable Energy 

U.S. Department of Energy 

1000 Independence Avenue, SW 

Washington, DC 20585 

Dear Assistant Secretary Zoi: 

The Association of Home Appliance Manufacturers (AHAM) and efficiency organizations, 

which are being coordinated by the American Council for an Energy-Efficient Economy 

(ACEEE), have agreed to a set of recommendations that should be addressed as the Department 

of Energy modifies the test procedure for clothes washers. 

Please find these recommendations attached, and we look forward to working with your office as 

the test procedure rulemaking progresses. 

Sincerely, 

Kevin Messner Steven Nadel 

Vice President, Government Relations Executive Director 

AHAM ACEEE 

cc: Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency 

 Roland Risser, Program Manager for Building Technologies 
Clothes Washer Test Procedure Changes

Principles

Before finalizing a revised test procedure for residential clothes washers, the 

Department should: 

• Gather or develop information on contemporary laundry practices in the US, 

including temperature settings, average cycles per year, special purpose machine 

cycles*, the size of a minimum laundry load, the size of an average load, and the 

frequency distribution of various laundry loads (load adjustment factor) for 

incorporation into the test procedure. 

• Ensure that the test procedure does not contain any unwarranted bias in favor of 

large capacity washers. 

• Extend Table 5.1 (Test Load Sizes) to a basket size of 6.0 ft3 (specific edits will be 

provided). 

• Incorporate AHAM test cloth changes to improve the reproducibility (specific edits 

will be provided). 

All of the above mentioned items shall be developed through DOE’s current residential 

clothes washer test procedure rulemaking, to be completed by October 1, 2011, and 

applicable to the 2015 standard. 

*Special purpose machine cycles include so-called “steam” cycles and periodic 

manufacturer-recommended non-laundry cycles for cleaning or deodorizing the laundry 

drum.   

p 2
July 20, 2010 

The Honorable Catherine R. Zoi 

Assistant Secretary 

Office of Energy Efficiency and Renewable Energy 

U.S. Department of Energy 

1000 Independence Avenue, SW 

Washington, DC 20585 

Dear Assistant Secretary Zoi: 

The Association of Home Appliance Manufacturers (AHAM) and efficiency organizations, 

which are being coordinated by the American Council for an Energy-Efficient Economy 

(ACEEE), have agreed to a set of recommendations that should be addressed as the Department 

of Energy modifies the test procedure for clothes dryers. 

Please find these recommendations attached, and we look forward to working with your office as 

the test procedure rulemaking progresses. 

Sincerely, 

Kevin Messner Steven Nadel 

Vice President, Government Relations Executive Director 

AHAM ACEEE 

cc: Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency 

 Roland Risser, Program Manager for Building Technologies 
Clothes Dryer Test Procedure Changes

Recommendations

1. DOE should update the initial RMC, from the current assumption of 70%, based 

on the best available data (ideally based on a nationally representative sample). 

2. DOE should update the number of dryer cycles/year, from the current 

assumption of 416 cycles/year, based on the best available data (ideally based 

on a nationally representative sample). 

3. DOE should update the size of the dryer test load, from the current test load of 7 

lbs, based on best available data (ideally based on a nationally representative 

sample). 

4. DOE should modify the test procedure to address the effectiveness of automatic 

termination controls (e.g. moisture sensor and temperature sensor controls). 

5. DOE should create a ventless dryer (including ventless combination 

washer/dryer) test procedure to inform a baseline energy consumption level for 

this new product category. 

6. Revise Section 1.11 of 10 CFR 430 Subpart B, Appendix D to more clearly 

account for electronic controls. “. . . mark, visual indicator or detent which 

indicates a preferred...” 

7. Correct Section 3.1 of 10 CFR 430 Subpart B, Appendix D to “. . . prevent 

deflection of the dryer drum surface. . .” 

Schedule: All of the above-mentioned items shall be developed through DOE’s current 

clothes dryers test procedure rulemaking, to be completed by April 1, 2011, and 

applicable to the 2015 standard. 

p 2
AHAM-ACEEE Agreement

Attachment VI

H.R. xxxx 

A bill to modify and extend the tax credit applicable to energy efficient appliances and 

other matters 

Sec. 1. Modify and extend the energy efficient appliance credit. 

(a) Modification and extension of rules applicable to dishwashers.-- Paragraph (b)(1) of 

section 45M is amended by striking “and” at the end of subparagraph (A); by striking “.” 

and inserting “,” in subparagraph (B); and adding the following subparagraphs: 

“(C) $25 in the case of a dishwasher which is manufactured in calendar year 2011 

and which uses no more than 307 kilowatt hours per year and 5.0 gallons per 

cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place 

settings), 

“(D) $50 in the case of a dishwasher which is manufactured in calendar year 

2011, 2012, or 2013 and which uses no more than 295 kilowatt hours per year and 

4.25 gallons per cycle (4.75 gallons per cycle for dishwashers designed for greater 

than 12 place settings), and 

“(E) $75 in the case of a dishwasher which is manufactured in calendar year 2011, 

2012, or 2013 and which uses no more than 280 kilowatt hours per year and 4.0 

gallons per cycle (4.5 gallons per cycle for dishwashers designed for greater than 

12 place settings).” 

 

(b) Modification and extension of rules applicable to clothes washers.--Paragraph (b)(2) 

of section 45M is amended striking “and” at the end of subparagraph (C); by striking “.” 

and inserting “,” in subparagraph (D); and by adding the following subparagraphs: 

“(E) $175 in the case of a top-loading clothes washer manufactured in calendar 

year 2011 and which meets or exceeds a 2.2 modified energy factor and does not 

exceed a 4.5 water consumption factor, 

“(F) $200 in the case of a top-loading clothes washer manufactured in calendar 

year 2011, 2012, or 2013 and which meets or exceeds a 2.4 modified energy 

factor and does not exceed a 4.2 water consumption factor, and 

“(G) $250 in the case of a residential or commercial clothes washer manufactured 

in calendar year 2011, 2012, or 2013 which meets or exceeds a 2.8 modified 

energy factor and does not exceed a 3.5 water consumption factor.” 
(c) Modification and extension of rules applicable to refrigerators.--Paragraph (b)(3) of 

section 45M is amended by striking “and” at the end of subparagraph (C); by striking “.” 

and inserting “,” in subparagraph (D); and by adding the following subparagraphs: 

“(E) $150 in the case of a refrigerator manufactured in calendar year 2011, 2012, 

or 2013 and which consumes at least 30 percent less energy than the 2001 energy 

conservation standards, and 

“(F) $200 in the case of a refrigerator manufactured in calendar year 2011, 2012, 

or 2013 and which consumes at least 35 percent less energy than the 2001 energy 

conservation standards.” 

(d) Modification of rules to include freezers. 

(1) In general.--Subsection (b) of section 45M is amended by adding the 

following paragraph: 

 “(4) Freezers. The applicable amount is-- 

“(A)(i) $150 in the case of an automatic defrost freezer manufactured in calendar 

year 2011 or 2012 (other than a freezer described in subparagraph (B)) and which 

consumes at least 30 percent less energy than the 2001 energy conservation 

standards, 

(ii) $150 in the case of a manual defrost freezer manufactured in calendar year 

2011 or 2012 (other than a freezer described in subparagraph (B)) and which 

consumes at least 25 percent less energy than the 2001 energy conservation 

standards, and 

“(B)(i) $200 in the case of an automatic defrost freezer manufactured in calendar 

year 2011, 2012, or 2013 and which consumes at least 40 percent less energy than 

the 2001 energy conservation standards. 

(ii) $200 in the case of a manual defrost freezer manufactured in calendar year 

2011, 2012, or 2013 and which consumes at least 35 percent less energy than the 

2001 energy conservation standards” 

(2) Definition.-- Subsection (f) of section 45M is amended by adding the 

following paragraphs: 

“(11) Freezer. The term “freezer” means a residential model freezer which has 

an internal volume of at least 16.5 cubic feet.”

(e) Aggregate credit amount allowed. 

(1) In general.-- Paragraph (e)(1) of section 45M is amended by striking 

“$75,000,000” and inserting “$100,000,000” and by adding “For the period of all 

prior taxable years beginning after December 31, 2007 and ending before January 
1, 2011, the preceding sentence shall be applied by substituting ‘$75,000,000’ for 

‘$100,000,000’.” 

(2) Exclusion of certain appliances.--Paragraph (e)(2) of section 45M is amended 

to read as follows: 

“(2) Amount allowed for certain refrigerators and clothes washers. Refrigerators 

described in subsection (b)(3)(D) and clothes washers described in subsection 

(b)(2)(D) shall not be taken into account with respect to the $75,000,000 

limitation described in paragraph (1). Dishwashers described in subsection 

(b)(1)(E), clothes washers described in subsection (b)(2)(F) and (b)(2)(G), 

refrigerators described in subsection (b)(3)(F), and freezers described in 

subsection (b)(4)(B), shall not be taken into account with respect to the 

$100,000,000 limitation described in paragraph (1).” 

(3) Gross receipts limitation.—Paragraph (e)(3) of section 45M is amended by 

adding at the end the following sentence: “For taxable years beginning after 

December 31, 2010, the preceding sentence shall be applied by substituting ‘4 

percent’ for ‘2 percent’.’’ 

Sec. 2. Direct payment of energy efficient appliances tax credit.--In the case of any 

taxable year which includes the last day of calendar year 2011 or calendar year 2012, a 

taxpayer who elects to waive the credit which would otherwise be determined with 

respect to the taxpayer under section 45M of the Internal Revenue Code of 1986 for such 

taxable year shall be treated as making a payment against the tax imposed under subtitle 

A of such Code for such taxable year in an amount equal to 85 percent of the amount of 

the credit which would otherwise be so determined. Such payment shall be treated as 

made on the later of the due date of the return of such tax or the date on which such 

return is filed. Elections under this section may be made separately for 2011 and 2012, 

but once made shall be irrevocable. No amount shall be includible in gross income or 

alternative minimum taxable income by reason of this section. 

Sec. 3. Effective date.--The provisions of this section shall apply to qualified energy 

efficient appliances produced after December 31, 2010.