Fall 2012 

DEPARTMENT OF ENERGY (DOE) 

Statement of Regulatory and Deregulatory Priorities 

The Department of Energy (Department or DOE) makes vital contributions to the Nation’s welfare through its 

activities focused on improving national security, energy supply, energy efficiency, environmental remediation, 

and energy research. The Department’s mission is to: 

 • Promote dependable, affordable and environmentally sound production and distribution of energy; 

 • Advance energy efficiency and conservation; 

 • Provide responsible stewardship of the Nation’s nuclear weapons; 

 • Provide a responsible resolution to the environmental legacy of nuclear weapons production; and 

 • Strengthen U.S. scientific discovery, economic competitiveness, and improving quality of life through 

innovations in science and technology. 

The Department’s regulatory activities are essential to achieving its critical mission and to implementing major 

initiatives of the President’s National Energy Policy. Among other things, the Regulatory Plan and the Unified 

Agenda contain the rulemakings the Department will be engaged in during the coming year to fulfill the 

Department’s commitment to meeting deadlines for issuance of energy conservation standards and related test 

procedures. The Regulatory Plan and Unified Agenda also reflect the Department’s continuing commitment to cut 

costs, reduce regulatory burden, and increase responsiveness to the public. 

Retrospective Review of Existing Regulations. 

Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (Jan. 18, 2011), 

the following Regulatory Identifier Numbers (RINs) have been identified as associated with retrospective review 

and analysis in the Department’s final retrospective review of regulations plan. Some of these entries on this list 
may be completed actions, which do not appear in The Regulatory Plan. However, more information can be 

found about these completed rulemakings in past publications of the Unified Agenda on Reginfo.gov in the 

Completed Actions section for that agency. These rulemakings can also be found on Regulations.gov. The final 

agency plan can be found at http://www.whitehouse.gov/sites/default/files/other/2011-regulatory-actionplans/departmentofenergyregulatoryreformplanaugust2011.pdf. 

 

Rulemakings Subject to Retrospective Analysis 

RIN TITLE SMALL BUSINESS BURDEN 

REDUCTION 

1904-AB57 Standards for Battery Chargers and 

External Power Supplies 

1904-AB90 Standards for Residential Clothes 

Washers 

1904-AC04 Standards for Distribution 

Transformers 

1904-AC46 Alternative Efficiency Determination 

Methods and Alternate Rating 

Methods 

This rule is expected to reduce 

burden on small manufacturers of 

covered products and equipment. 

1904-AC60 Federal Building Standards Rule–

Update–90.1-2010 

1904-AC64 Standards for Residential 

Dishwashers 

1904-AC70 Waiver and Interim Waiver for 

Consumer Products and 

Commercial and Industrial 

Equipment 

This rule is expected to reduce 

burden on small manufacturers of 

covered products and equipment.

Energy Efficiency Program for Consumer Products and Commercial Equipment 

The Energy Policy and Conservation Act (EPCA) requires DOE to set appliance efficiency standards at levels that 

achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. 

The Residential Clothes Washer, Fluorescent Lamp Ballast, and Residential Dishwasher standards, which were 

already published in 2012, have an estimated net benefit to the nation of up to $13.1 billion over 30 years. By 

2045, these standards are estimated to save enough energy to operate the current inventory of all U.S. homes for 

almost two months. 
The Department continues to follow its schedule for setting new appliance efficiency standards. These 

rulemakings are expected to save American consumers billions of dollars in energy costs. 

The overall plan for implementing the schedule is contained in the Report to Congress under section 141 of 

EPACT 2005, which was released on January 31, 2006. This plan was last updated in the August 2012 report to 

Congress and now includes the requirements of the Energy Independence and Security Act of 2007 (EISA 2007). 

The reports to Congress are posted at: 

http://www.eere.energy.gov/buildings/appliance_standards/schedule_setting.html. 

The August 2012 report identifies all products for which DOE has missed the deadlines established in EPCA (42 

U.S.C. section 6291 et seq.). It also describes the reasons for such delays and the Department’s plan for 

prescribing new or amended standards. Information and timetables concerning these actions can also be found in 

the Department’s Regulatory Agenda, which is posted online at: www.reginfo.gov. 

Estimate of Combined Aggregate Costs and Benefits 

The regulatory actions included in this Regulatory Plan for distribution transformers, battery chargers and external 

power supplies, and walk-in coolers and freezers may provide significant benefits to the Nation. DOE believes 

that the benefits to the Nation of the proposed energy standards for distribution transformers and battery chargers 

and external power supplies (energy savings, consumer average lifecycle cost savings, increase in national net 

present value, and emission reductions) outweigh the costs (loss of industry net present value and life-cycle cost 

increases for some consumers). In the proposed rulemakings, DOE estimated that these regulations would 

produce energy savings of 3.74 quads over thirty years. The net benefit to the Nation was estimated to be 

between $9.59 billion (seven-percent discount rate) and $24.58 billion (three-percent discount rate). DOE believes 

that the proposed energy standards for walk-in coolers and freezers will also be beneficial to the Nation. However, 

because DOE has not yet proposed candidate standard levels for this equipment, DOE cannot provide an 

estimate of combined aggregate costs and benefits for this action. DOE will, however, in compliance with all 

applicable law, issue standards that provide the maximum energy savings that are technologically feasible and 
economically justified. Estimates of energy savings will be provided when DOE issues the notice of proposed 

rulemaking for walk-in coolers and freezers. 
The 3 Actions Described in the Regulatory Plan

Title

Regulation 

Identifier 

Number

Rulemaking 

Stage

Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers 1904-AB86 Proposed Rule Stage

Energy Efficiency Standards for Battery Chargers and External Power Supplies 1904-AB57 Final Rule Stage

Energy Efficiency Standards for Distribution Transformers 1904-AC04 Final Rule Stage

Department of Energy (DOE) 

Energy Efficiency and Renewable Energy ( EE ) RIN: 1904-AB86

 View Related Documents

Title: Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers

Abstract: The Energy Independence and Security Act of 2007 amendments to the Energy Policy and Conservation Act require

that DOE establish maximum energy consumption levels for walk-in coolers and walk-in freezers and directs the Department of

Energy to develop energy conservation standards that are technologically feasible and economically justified.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 10 CFR 431 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 6313(f)(4)

Legal Deadline: 

Action Source Description Date

Other Statutory 01/01/2012 

Regulatory Plan:

Statement of Need: EPCA requires minimum energy efficiency standards for certain appliances and commercial equipment,

which has the effect of eliminating inefficient appliances and equipment from the market.

Legal Basis: Section 312 of EISA 2007 establishes definitions and standards for walk-in coolers and walk-in freezers. EISA

2007 directs DOE to establish performance-based standards for this equipment (42 U.S.C. 6313 (f)(4)).

Alternatives: The statute requires DOE to conduct rulemakings to review standards and to revise standards to achieve the

maximum improvement in energy efficiency that the Secretary determines is technologically feasible and economically justified.

In making this determination, DOE conducts a thorough analysis of the alternative standard levels, including the existing

standard, based on the criteria specified by the statute.

Costs and Benefits: Because DOE has not yet proposed candidate standard levels for this equipment, DOE cannot provide

an estimate of combined aggregate costs and benefits for these actions. DOE will, however, in compliance with all applicable

law, issue standards that provide the maximum energy savings that are technologically feasible and economically justified.

Estimates of energy savings will be provided when DOE issues the notice of proposed rulemaking for this equipment.

Risks:

Timetable:

Action Date FR Cite

Notice: Public Meeting, Framework Document Availability 01/06/2009 74 FR 411 

Notice: Public Meeting, Data Availability 04/05/2010 75 FR 17080 

Comment Period End 05/20/2010 

NPRM 04/00/2013 

Final Action 12/00/2013 

Additional Information: Comments pertaining to this rule may be submitted electronically to WICF-2008-STD0015@ee.doe.gov.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local; State

Federalism: Undetermined

RIN Information

URL: www.eere.energy.gov/buildings/appliance_standards/commercial/wicf.html Public Comment URL: www.regulations.gov
Related RINs: Related to 1904-AB85

Agency Contact: Charles Llenza 

Office of Building Technologies Program, EE-2J

Department of Energy

Energy Efficiency and Renewable Energy

1000 Independence Avenue SW., Washington, DC 20585

Washington , DC 20585 

Phone: 202 586-2192 

E-Mail: charles.llenza@ee.doe.gov

Department of Energy (DOE) 

Energy Efficiency and Renewable Energy ( EE ) RIN: 1904-AB57

 View Related Documents

Title: Energy Efficiency Standards for Battery Chargers and External Power Supplies

Abstract: In addition to the existing general definition of "external power supply," the Energy Independence and Security Act of

2007 (EISA) defines a "Class A external power supply" and sets efficiency standards for those products. EISA directs DOE to

publish a final rule to determine whether the standards set for Class A external power supplies should be amended. EISA also

requires DOE to issue a final rule prescribing energy conservation standards for battery chargers, if technologically feasible and

economically justified or to determine that no energy conservation standard is technically feasible and economically justified.

Priority: Economically Significant Agenda Stage of Rulemaking:

Final Rule

Major: Yes Unfunded Mandates: Private

Sector

CFR Citation: 10 CFR 430 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 6295(u)

Legal Deadline: 

Action Source Description Date

Other Statutory 07/01/2011 

Regulatory Plan:

Statement of Need: EPCA requires minimum energy standards for appliances, which has the effect of eliminating inefficient

appliances and equipment from the market.

Legal Basis: Title III of EPCA sets forth a variety of provisions designed to improve energy efficiency. Part A of title III (42

U.S.C. 6291 to 6309) provides for the Energy Conservation Program for Consumer Products other than Automobiles. EPCA

directs DOE to conduct a rulemaking to establish energy conservation standards for battery chargers or determine that no

energy conservation standard is technically feasible and economically justified (42 U.S.C. 6295 (u)(1)(E)(i)-(ii)and (w)(3)(D)). In

addition to the existing general definition of "external power supply," EPCA defines a "Class A external power supply" (42

U.S.C. 6291(36)(C)) and sets efficiency standards for those products (42 U.S.C. 6295(u)(3)). EPCA directs DOE to publish a

final rule to determine whether amended standards should be set for external power supplies or classes of external power

supplies. If such determination is positive, DOE must include any amended or new standards as part of that final rule. DOE

completed this determination in 2012. 75 FR 7170 (May 14, 2010) DOE is bundling these separate rulemaking requirements into

a single rulemaking action.

Alternatives: The statute requires DOE to conduct rulemakings to review standards and to revise standards to achieve the

maximum improvement in energy efficiency that the Secretary determines is technologically feasible and economically justified.

In making this determination, DOE conducts a thorough analysis of the alternative standard levels, including the existing

standard, based on the criteria specified by the statute.

Costs and Benefits: DOE believes that the benefits to the Nation of the proposed energy standards for battery chargers and

external power supplies (such as energy savings, consumer average lifecycle cost savings, an increase in national net present

value, and emission reductions) outweigh the burdens (such as loss of industry net present value). DOE estimates that energy

savings from electricity will be 2.16 quads over 30 years and the benefit to the Nation will be between $6.68 billion and $12.44

billion

Risks:

Timetable:

Action Date FR Cite

Notice: Public Meeting, Framework Document Availability 06/04/2009 74 FR 26816 

Comment Period End 07/20/2009 

Notice: Public Meeting, Data Availability 09/15/2010 75 FR 56021 

Comment Period End 10/15/2010 
Final Rule (Technical Amendment) 09/19/2011 76 FR 57897 

NPRM 03/27/2012 77 FR 18478 

Final Rule: Technical Amendment 04/16/2012 77 FR 22472 

NPRM Comment Period End 05/29/2012 

NPRM Comment Period Reopened 06/29/2012 77 FR 38743 

Reopened NPRM Comment Period End 07/16/2012 

Final Action 02/00/2013 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Business Government Levels

Affected: Local; State

Federalism: Yes

RIN Information

URL: www1.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html

Related RINs: Related to 1904-AB75

Agency Contact: Jeremy Dommu 

Office of Building Technologies Program, EE-2J

Department of Energy

Energy Efficiency and Renewable Energy

1000 Independence Avenue SW., Washington, DC 20585

Washington , DC 20585 

Phone: 202 586-9870 

E-Mail: jeremy.dommu@ee.doe.gov

Department of Energy (DOE) 

Energy Efficiency and Renewable Energy ( EE ) RIN: 1904-AC04

 View Related Documents

Title: Energy Efficiency Standards for Distribution Transformers

Abstract: The current distribution transformer efficiency standards for medium-voltage-transformers apply to transformers

manufactured or imported on or after January 1, 2010, and to low-voltage, dry type transformers manufactured or imported on or

after January 1, 2007. As a result of a settlement agreement, DOE agreed to conduct a review of the standards for liquidimmersed and medium-voltage dry-type distribution transformers to determine if, pursuant to EPCA. the standards for these

products need to be amended. As a result of the review, DOE published in the Federal Register a notice of proposed rulemaking

which included new proposed standards for these products as well as low-voltage, dry-type transformers. Under the settlement

agreement, DOE is obligated to publish in the Federal Register, no later than October 1, 2012, a final rule including any

amendments to the standards for liquid-immersed and medium-voltage dry-type distribution transformers.

Priority: Economically Significant Agenda Stage of

Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 10 CFR 431 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 6317(a); 42 USC 6313(a)(6)(C)

Legal Deadline: 

Action Source Description Date

Other Judicial Determination or NOPR 10/01/2011 

Other Judicial 10/01/2012 

Regulatory Plan:

Statement of Need: EPAC requires minimum energy efficiency standards for appliances, which has the effect of eliminating

inefficient appliances and equipment from the market.

Legal Basis: EPCA of 1975 established an energy conservation program for major household appliances. The National Energy

Conservation Policy Act of 1978 amended EPCA to add part C of title III, which established an energy conservation program for

certain industrial equipment. The Energy Policy Act of 1992 amended EPCA to add certain commercial equipment, including

distribution transformers. DOE published a final rule in October 2007 that established energy conservation standards for liquidimmersed and medium-voltage dry-type distribution transformers. 72 FR 58190 (October 12, 2007); see 10 CFR 431.196(b)-(c).

During the course of that rulemaking, EPACT 2005, Public Law 109–58, amended EPCA to set standards for low-voltage drytype distribution transformers. (EPACT 2005, section 135(c); codified at 42 U.S.C. 6295(y)) Consequently, DOE removed these

transformers from the scope of that rulemaking. 72 FR 58191. Prior to publishing the energy conservation standard, DOE

published a final rule test procedure for distribution transformers on April 27, 2006. 71 FR 24972; see appendix A to subpart K

of 10 CFR 431. DOE is currently conducting a rulemaking to review and amend the energy conservation standards in effect for

distribution transformers. This new rulemaking includes liquid-immersed, medium-voltage dry-type, and low-voltage dry-type
distribution transformers. On July 29, 2011, DOE gave notice that it intends to establish a negotiated rulemaking subcommittee

under the Energy Efficiency and Renewables Advisory Committee (ERAC) in accordance with the Federal Advisory Committee

Act (FACA) and the Negotiated Rulemaking Act(NRA) to negotiate proposed Federal standards for the energy efficiency of

liquid-immersed and medium-voltage dry-type distribution transformers. 77 FR 4547. On August 12, 2011, DOE gave notice that

it intends to establish a negotiated rulemaking subcommittee under the ERAC in accordance with the FACA and the NRA to

negotiate proposed Federal standards for the energy efficiency of low-voltage dry-type distribution transformers. 76 FR 50148.

ERAC subcommittees met several times from September to December 2011. Subcommittee members included manufacturers,

utilities, and energy efficiency advocates. The medium-voltage subcommittee reached consensus on standards for mediumvoltage, dry-type distribution transformers, but consensus was not reached for the two other transformer types. DOE's February

publication of the proposed rule for energy conservation standards for liquid-immersed, medium-voltage dry-type, and lowvoltage dry-type distribution transformers fulfills DOE's obligation under a court order. 77 FR 7282 (February 10, 2011).

Alternatives: The statute requires DOE to conduct rulemakings to review standards and to revise standards to achieve the

maximum improvement in energy efficiency that the Secretary determines is technologically feasible and economically justified.

In making this determination, DOE conducts a thorough analysis of the alternative standard levels, including the existing

standard, based on the criteria specified by the statute.

Costs and Benefits: DOE believes that the benefits to the Nation of the proposed energy standards for distribution

transformers (such as energy savings, consumer average lifecycle cost savings, an increase in national net present value, and

emission reductions) outweigh the burdens (such as loss of industry net present value). DOE estimates that energy savings

from electricity will be 1.58 quads over 30 years and the benefit to the Nation will be between $2.9 billion and $12.1 billion.

Risks:

Timetable:

Action Date FR Cite

Notice: Public Meeting; Preliminary Technical Support Document

Availability 03/02/2011 76 FR 11396 

Comment Period End 04/18/2011 

Notice of Intent to Negotiate NPRM for MVDT 07/29/2011 76 FR 45471 

MVDT NOI Comment Period End 08/15/2011 

Notice of Intent to Negotiate NOPR for LVDT 08/12/2011 76 FR 50148 

LVDT NOI Comment Period End 08/20/2011 

Notice of Public Meeting of Working Group 09/09/2011 76 FR 55834 

NPRM 02/10/2012 77 FR 7282 

NPRM Correction 02/24/2012 77 FR 10997 

NPRM Comment Period End 04/10/2012 

Comment Period End 06/29/2012 

Final Action 12/00/2012 

Additional Information: RIN 1904-AC62 was merged into this rulemaking.

Regulatory Flexibility Analysis Required: Business Government Levels

Affected: Undetermined

Federalism: No

RIN Information

URL: www1.eere.energy.gov/buildings/appliance_standards/commercial/distribution_transformers.html

Public Comment

URL: www.regulations.gov

Related RINs: Merge with 1904-AC62

Agency Contact: James Raba 

Office of Building Technologies Program, EE-2J

Department of Energy

Energy Efficiency and Renewable Energy

1000 Independence Avenue SW., Washington, DC 20585

Washington , DC 20585 

Phone: 202 586-8654 

E-Mail: jim.raba@ee.doe.gov