1 | Regional Standards Enforcement Working Group Discussion

Regional Standards 

Enforcement Working Group

Prohibited Act
2 | Regional Standards Enforcement Working Group Discussion

EISA added prohibited act

It shall be unlawful for any manufacturer or private 

labeler to knowingly sell a product to a distributor, 

contractor, or dealer with knowledge that the entity 

routinely violates any regional standard applicable to 

the product.

42 USC § 6302(a)(6)
3 | Regional Standards Enforcement Working Group Discussion

(1) the having of actual knowledge, or

(2) the presumed having of knowledge deemed to be 

possessed by a reasonable man who acts in the 

circumstances, including knowledge obtainable upon 

the exercise of due care.

See 42 USC § 6303(b)

“Knowingly” defined in EPCA
4 | Regional Standards Enforcement Working Group Discussion

• “routinely”

– Definition may take into consideration the size of the dealer and 

number of sales

– Definition may include a time frame or total number of sales

– Does the definition of “routinely” cause DOE to publish a notice 

listing the violator

• DOE publishes a notice for any public action that DOE takes

• Typically DOE advertises public actions once the matter is resolved

• “violates”

– Installs a non-compliant product

“routinely violates”
5 | Regional Standards Enforcement Working Group Discussion

Installation:

1. Installation is the connection of refrigerant/electrical in a split 

system and commissioning of the operating system

2. Installation means the start up and first use of the system in a 

residential application.

3. EPA’s definition of installation (not found)

Violation:

1. A violation is the installation of a system that is non-compliant with 

the applicable regional efficiency standards

2. It is a violation if a contractor or dealer does the following... 

[definition structure]

3. Those parties causing to be installed a system that is noncompliant with the applicable regional efficiency standards

4. A violation is the installation of or sale or distribution to a party that 

intends to installs a system that is non-compliant with the 

applicable regional efficiency standards

Definition Ideas
6 | Regional Standards Enforcement Working Group Discussion

Distributors will not knowingly sell a product to contractors 

that are routinely violating the regional standards 
7 | Regional Standards Enforcement Working Group Discussion

Violation:

1. A violation is the installation of a system that is non-compliant with 

the applicable regional efficiency standards

2. It is a violation if a contractor or dealer does the following... 

[definition structure]

3. Those parties causing to be installed a system that is noncompliant with the applicable regional efficiency standards

4. A violation is the installation of, or sale or distribution to a party that 

intends to install, a system that is non-compliant with the applicable 

regional efficiency standards

5. A violation is the installation of a system that is non-compliant with 

the applicable regional efficiency standards or the sale or 

distribution to a party with knowledge that the party routinely 

violates any regional standard applicable to the product.

1. You can’t install something that doesn’t meet the regional standards

2. You can’t sell to someone who routinely violates the regional standards
8 | Regional Standards Enforcement Working Group Discussion

• Manufacturer/Private labeler (prohibited act)

– It shall be unlawful for any manufacturer or private labeler to knowingly 

sell a product to a distributor, contractor, or dealer with knowledge that 

the entity routinely violates any regional standard applicable to the 

product.

• Distributors (violation)

– It shall be a violation for any distributor to knowingly sell a product to a 

contractor or dealer with knowledge that the entity will sell and or install 

the product in violation with any regional standard applicable to the 

product.

• Contactors/Dealers (violation)

– It shall be a violation for any contactor or dealer to knowingly sell to and 

or install for an end user a residential central air conditioner covered by 

regional standards with the knowledge that such product shall be 

installed in violation of any regional standard applicable to the product.

Prohibited Acts/Violations
9 | Regional Standards Enforcement Working Group Discussion

• Record retention and production

– Failure to provide records to the Department upon request as 

part of an investigation

– Currently DOE may fine up to $200 per day if records are not 

produced after 30 days 

• Purpose is to prevent people from trying to avoid being caught by 

not providing records to DOE

– Alternative or additional option is to subpoena records

Prohibited Acts Continued