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# TITLE 10-ENERGY

CHAPTER II-DEPARTMENT OF ENERGY

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# SUBCHA P7



# P RO G RAM FOR

CONSUMER PRODUCTS

Energy Policy and Conservation Act (Public Law 94-163) as Amended by the National Energy Conservation Policy Act (Public Law 95 -619) and the National Appliance Energy Conservation Act (Public Law 100-12)DOE/CE-0220 

## UC-95d



# TITLE '] 7 

# CHALPTiH H-Dfj ,

PART 430-ENERGY CONSERVATION

PROG RA M F OR CONSUMER

Energy Policy and Conservation Act (Public Law 94-163) as Amended by the National Energy Conservation Policy Act (Public Law 95

- 619) and the National Appliance Energy Conservation Act (Public Law 100-12)

## TABLE OF CONTENTS
TITLE III-IMPROVING ENERGY EFFICIENCY
PART B - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN AUTOMOBILES Page # SEC. 321

. Definitions. 1 

## SEC. 322

. Coverage. 3 SEC. 323

. Test proced ures. 3 

## SEC. 324

. Labeling. 5 

## SEC. 325

. Energy con servation standards. 7 

## SEC. 326

. Requirements of manufacturers. 13 

## SEC. 327

. Effect on other law. 14 

## SEC. 328

. Rules. 17 SEC. 329

. Authority to obtain information. 17 

## SEC. 330

. Exports. 17 

## SEC. 331

. Imports. 17 

## SEC. 332

. Prohibited acts. 18 

## SEC. 333. Enforcement. 18 

## SEC. 334

. Injunctive enforcement. 19 

## SEC. 335

. Citizen suits. 19 

## SEC. 336

. Administrative procedure and judicial review. 20 

## SEC. 337

. Consumer education. 20 SEC. 338

. Annual report. 21 SEC. 339. Authorization of appropriations. 21


## On the following pages , text i n italics represents amendments made by NECPA and text in bold type represents amendments made by NAECA.

### ENERGY POLICY AND CONSERVATION ACT (PL 94-163)
AM ENDED BY
NATKWAL ENERGY CONSE RVA TION POLICY ACT (PL 95-619) AND HATMAL APPLIANCE ENERGY CONSERVATION ACT (PL 100.12)
PART B - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN AUTOMOBILES

42 USC 1. SEC. 321. (a) For purposes of this part. (1) The term "consumer product" means any article (other than an automobile, defined in section 501(1) of the Motor Vehicle Information and Cost Savings Act) of a type- 

### (A) which In operation consumes, or is designed to consume, energy; and (B) which, to any signtificant extent, Is distributed In commerce for personal use or consumption by kmdividuals; without regard to whether such article or such type is in fact distributed In commerce for personal use or consumption by an individual. (2) The term "covered product" means a consumer product of a type spectlied in section 322. (3) The term "energy" means electricity, or fossil fuels. The Administrator may, by rule, include other fuels within the meaning of the term "energy" if he determines that such inclusion is n.sary or appropriate to carry out the purpose of this Act. 

### (4) The term "energy use" means the quantity of energy directly consumed by a consumer product at point of use, determined in accordance with test procedures under section 323. (5) The term "energy efficiency" means the ratio of the useful output of ssrvi vs from a consumer product to the energy use of such product, determined In accordance with teat procedures under s+ction 323. 

### (6) The term "energy conservation standard" means-(A) a performance standard which prescribes a minimum level of energy of loWney or a maximum quantity of energy use for a covered product, determined in accordance with test procedures proscribed under section 323; or (B) a design requirement of the products spedited In paragraphs (6), (7), (8), (10), and (13) of section 322(a); and Includes any other requirements which the Secretary may prescribe under section 325(o.) . (7) The term "estimated annual operating cost" means the aggregate retail cost of the energy which is likely to be consumed annually in representative use of a consumer product, determined in accordance with section 323. (8) The term "measure of energy consumption" means energy use, energy efficiency, estimated annual operating cost, or other measure of energy consumption. (9) The term "class-of covered products" means a group of covered products, the functions or intended uses of which are similar (as determined by the Administrator). (10) The term "manufacture" means to manufacture, produce, assemble or import. 

### (11) The terms "import" and "importation" mean to Import into the customs territory of the United States. (12) The term "manufacturer" means any person who manufactures a consumer product. (13) The term "retailer" means a person to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution In commerce to purchasers who buy such product for purposes other than resale. (14) The term "distbutor" means a person (other than a manufacturer or retailer) to whom a consumer product is delivered or sold for purposes of distribution in commerce. (15XA) The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label If (I) such product (or Its container) is labeled with the brand or trademark of a person other than a manufacturer of such product, (ii) the person with whose brand or trademark such product (or container) is labeled has authorized or caused such product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. 

### (16) The teats "to distribute In commerce" and "distribution in commerce" mean to sell in commerce, to Import, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after Introduction Into commerce. (17) The term "commerce" means trade, traffic, commerce, or transporation- (A) between a piece in a State and any piece outside thereof, or (B) which affects trade, traffic, commerce or transportation described in subparagraph (A). (18) The term " the Federal Trade Commission.



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### (C) best pump type units, with a maximum current rating of 24 amperes at a voltage no greater tiian asu voita, which are products designed to transfer thermal energy from one re level to a higher re level for the purpose of heati ng water, including all anci llary equipme nt wchss fans, storage tanks, pumps or controls n.ceewy for the device to perform lt function

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42 USC 6292. t.

- 322. (a) in - products , excluding those consumer produ cts designed C:, i.J fca 

### use In recreational vehicle. and other mobile equipment, are covered products: (1) RefrIgerators, refrigerator-freezers, and freezers which can by electricity, eexcluding- 

### (A) (B) any type which does not Include a compressor and condenser writ as an Integral part of the (2) Room air conditioners. (3) Central air conditioners and central air conditioning heat pumps. (4) Water heaters. (5) Furman. (6) DIshwashers. (7) Clothes washers. Clothes dryers. (0) (0) Direct heating equipment. (10) Kitchen ranges and ovens. (11) Pooh heete (12) TelevIsion seta. (13) Any otter type of consumer product which the Secretary classifies as a covered product under subsection (b)• (b) Srscw G assrncAiroa or Cos suaH a Peooucr .-( 1) The Administrator may classify a type of consumer product as a covered product if he determines that- 

### (A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this Act, and (B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt. hours (or its Btu equivalent) per year. 

### Definitions . ( 2) For purposes of this subsection: (A) The term " average annual per-household energy use " with respect to a type of product means the estimated aggregate annual energy use ( in kilowatt-hours or the Btu equivalent) of consumer products of such type which ars used by households in the United States, divided by the number of such households which use products of such type. (B) The Btu equivalent of one kilowatt-tour is 3,412 British thermal units. 

### (C) The term "household " shall be defined under the rules of the Administrator.

TEST PROCEDURES 42 USC 6293

. SEC. 323 . (a) Garou ►r. Ruiz .- Ad test procedures and related determinations prescribed or made by the

Secretary with respect to any covered product (or class thereof ) which are In affect on the date of enactment of the National Appliance Energy Conservation Act of 1967 shall remain In effect until the Secretary amends such test procedures and related determinations under subsection (b). 

### (B) Axarcas aw New -(1XA) T s Secretary may amend test procedures with respect to Any covered product If the Secretary determi nes that amended test procedures would more accurately or fully comply with the requirements of paragraph (3). (s) TM Secretary may, in accordance with the requirements of this subsection , prescribe teat 42 USC 6292

. procedures for cry consumer product claafed as a covered product under section 322(b). (C) Tae 8ecrrwy shall direct the National Bureau of Standards to assist In developing new or amended test procedures. Federal (2) If the Secretary determines , on his own behalf or In response to a petition by any Interested Reg ister, person , that a tat procedure should be prescribed or amended , the Secretory shad promptly publish In publication , the Federal Register proposed test procedures and afford interested persona an opportunity to present

oral and written data, views, and argum.nts with respect to such procedures

. The comment period shalt not be less than 60 days and may be extended for good cause shown to not more than 270 days. In prescribi ng or amendi ng a teat procedure , the Secretary shall take Into account such Information as the



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# 11LASELNG

42 USC 6204. Sec. 324 . (a) 161 -{1) The Commission shall prescribe labeling ruiss under this section aapplicabis to all



### cowed MOductS of each of the types Wwffood In PwWaphS (1 ), (2), (4), (6), (8) throug h (12) lion 322 (a), except to the extent that , with resped to any such type (or class , the Commission deter(bX5) that laboli ng in accordance with Oft section is not t mines 

### or ly, ble. (2) The Com mission shall prescribe labeling rules under this section applicable to all covered products of each of the types spwHW in paragraphs (3), (5), and (7) of section 322(a), except to the extent that with respect to any type (or claw , the Commission det ermines under the second serftrice of su bsection (bX5) that label ing in scowdance with this section is not tech nologically or soonomically ble or is not likely 

### to as" consumers In making purchasi ng decisions

. (3) commission The may prescribe a labeling rule under this section applicable to cowed p of a type specified in paragraph (13) of section 322(a) (or a class thenioQ if- (A) the Commission or the Secretary has made a determination with respect to such type (or elm

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### In making ppu rche ng dondN (B) the Ad ministrator proced u res under section X1 ) for such type (or cl ass thereof), and (C) the Comm ission determi nes with reaped to such type (or class thersol) that application of labeling rules under this section to such type (or class thereof ) is economically and technologically feasible. (4) Any determination under this subsection shall be published in the Federal Register. Labeling (b) Roue w EFFcr; NEw Rums .-( IXA) Any labeling rule In effect on the date of the enactment of the

National Appliance Energy Conservation Act of 1987 shall remain in effect until amended, by rule, by the Commission.

(B) After the date of the enactment of the National Appliance Energy Conservation Act of 1987 and not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified In paragrap hs (1 ) through (13) of section 322(5) (or class thereof) ls,prescribed under section 323 ( b), the Commission shall publish a proposed labeling rule applicable to such type (a claw thereof). (2) The Commission shall afford interested persons an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under paragraph ( 1). The period for such presentations shall not be less than 45 days. (3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed
under 323(b) with respect to covered products or any type (or class thereof ) specified in paragraphs (1) through ( 12) of section 322(a), the Commission shall prescribe labeling rules with respect to covered products of such types (or class thereof). Not earlier than 45 days after the date on which test procedures are prescribed under section 323(b ) with respect to covered products of a type specified in paragraph (13) of section 322(a), the Commission may prescribe labeling rules with respect to covered products of such type (or class thereof). (4) A labeling rule prescribed under paragraph (3) shall take effect not later than 3 months after the date of prescription of such role, except that such rules may take effect not later than 6 months after such date of prescription if the Commission determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules. (5) The Commission may delay the publication of a proposed labeling rule, or the presciption of a labeling rule, beyond the dates specified in paragraph ( 1) or (3), if it determines that it cannot publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such determination In the Federal Register, together with the reasons therefor

. In any such case , it shall publish proposed labeling rules or prescribe labeling rules for covered products of such type (or class thereof ) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible , or (B) In the case of a type specified in paragraphs (3), (5) and (7) of section 322(a), that labeling in accordance with this section is not likely to assist consumers in purchasing decisions

. Any such determination shall be published In the Federal Register, together with the reasons therefor

. This paragraph shall not apply to the prescription of a labeling rule with respect to covered products of a type specified in paragraph ( 13) of section 322(a). (a) CosTerr of Loam.-(1) Subject to paragraph (6), a rule prescribed under this section shall require that each covered product in the type or class of covered products to which the rule applies bear a label which (A) the estimated annual operating cost of such product (determined in accordance with test procedures prescribed under section 323), except that If- (i) the Administrator determines that disclosure of estimated annual operating cost is not technologically feaslible, or(ii) the Commission determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible , the Commission shall require disclosure of a different useful measure of energy consumption (determined in accordance with test procedures prescribed under section 323); and



### 5

### (B) Inform ation respecti ng the range of estimated annual operating costs for covered products to which the rule applies; except that if the Commi ssion requires' disclosure under subparagraph (A) -t -nee -e cf energy consumption different from estimated annual operati ng cost

. then the label shall disclose the range of such measu re of energy consumption of covered products to which such rule applies. (2) A rule under this section shall include the foibwing- (A) A description of the type or class of covered products to wtdcl such rule appli es . (B) Subject to paragraph (6). I nformation respecti ng the range of esti mated annual operating costs or other useful re of energy consumption (determined in such manner as the rule may prescribe) for such type or class of covered products. 

### (C) A descri ption of the tog procedures under eectiorr 323 used in determining the estimated annual operati ng costs or other measure of energy consumption of the type or elm of covered products. (D) A prototype label and di rections for displaying such label

. (3) A rule under Oft section artall require that the label be displayed in a manner Met the Commi ssion determines is likely to assist consumers in making purchasing decisions and is appropriate to carry out this part. The Commission may permit a tag to be used in Hsu of a label in any case in which the Commission finds that a tag will carry out the purposes for which the labal was intended
. (4) A rule under this section applicable to a covered product may require disclosure , in any printed matter displayed or distributed at the point of sale of such product , of any information which may be required under this section to be disclosed on the label of such product

. Requirements under this paragraph shall not apply to any broadcast advertisement or any advertisement in any n ewspaper , magazine , or other periodical.(5) The Commission may require that a manufacturer of a covered product to which a rule under this section applies- (A) Include on the label, (B) separately attach to the product, or (C) ship with the product, additional information relating to energy consumption , Including Instructions for the maintenance , use, or repair of the covered product; if the Commission determines that such additional information would assist consumers inmaking purchasing decisions or in using such product, and that such requirement would not be unduly burdensome to the manufacturers. (6) The Commission may delay the effective date of the requirement specified in paragraph (1)(B) of this subsection applicable to a type or class of covered product , insofar as it requires the disclosure on the label of information respecting range of a measure of energy consumption, for not more than 12 months after the date on which the rule under this section is first applicable to such type or class , if the Commission determines that such information will not be available within an adequate period of time before such date. (d) EFFEcTrvE DATE .- A rule under this section (or an amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of such rule or amendment, as the case may be. (a) STUOr oc CurrAai Pnooucrs .- The Administrator, in consultation with the Commission , shall study consumer products for which labeling rules under this section have not been proposed , in order to determine (1) the aggregate energy consumption of such products , and (2) whether the imposition of labeling requirements under this section would be feasible and useful to consumers to making purchasing decisions

. The Administrator shall include the results of such study in the annual report under section 338. (f) CoelsutTATwoe .- The Administrator and the Commission shall consult with each other on a continuing basis as may be nwAssary or appropriate to carry out their respective responsibilities under this part. Before the Commission makes any determination under subsection (aXi), it shall obtain the views of the Administrator and shall take such views into account in making such determination. (g) Oman Aumon rr oc THE Qxmiessm.- Until such time as labeling rules under this section take effect with respect to a type or class of covered product , this section shall not affect any authority of the Commission Under the Federal Trade Commission Act to require labeling with respect to energy consumption of such type or class of covered product.

### ENERGY CONURVAT1ON STANDARDS

42 USC 6295. C. 325 . (a) Pum'oazs.-The purposes of this section are to-

(1) provIde Federal energy conservation standards applicable to products ; covered and 

### (2) authorize the Secretary to proscribe amended or new energy conservation standards for each type (or class) of covered product. (b) Sram*nos Fos TOn.F am F w1 .-( 1) The following is the maximum ene rgy use allow In kilowatt hours per year for f ollowing the (other than those 

### In paragraph (2)) manufactured on or after January 1, 1 990 : rgy rds Equations Refrigerators and RefrIgerator

-Freezers with manual defrost ........................ 16.3 AV + 316

m-F rtlal automatic defrost .................................. 21.6 AV + 429 Refrigerator-Freezers--automatIc defrost with: T rated freezer without ice ........................................... 23.5 AV + 471 Side mounted freezer without foe ........................................... 27.7 AV + 488 Bottom mounted freezer without ice......................................... 27 .7 AV + 488 Top mounted freeze r with throug h the door Ice service ........................ 26 .4 AV + 535 Side mounted freezer with through the door Ice ............................... 30.9 AV + 547 Upright Freezers with: Manual defrost ........................................................... 10.9 AV + 422 Automatic defrost ........................................................ 16.0 AV + 623 Chest Freezers and all other freezers ........................................... 14.8 AV + 223 (2) The standards described in paragraph ( 1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated volume exceeding 30 cubic feet. Regulations . ( 3XA)(1) The Secretary shall publish a proposed rule, no later than July 1, 1988, to determine if the standards established by paragraph ( 1) should be amended. The Secretary shall publish a final rule no later than July 1, 1989 , which shall contain such amendment , If any , and provide that the amendment shall apply to products manufactured on or after January 1, 1993. If such a final rule is not published before January 1, 1990 , any amendment of such standards shall apply to products manufactured on or after January 1, 1985

. Nothing In this subsection provides any Justification or defense for a failure by the Secretary to comply with the nondlscrettbnary duty to publish final rules by the dates stated in this paragraph. Effective date . ( 11x1) If the Secretary does not publish a final rule before January 1, 1990 , relating to the revision of the energy conservation standards for refrigerators , refrigerator-freezers and freezers, the regulations which established standards for such products and were promulgated by the California Energy Commission on December 14, 1984 , to be effective January 1, 1992 (or any amendments of such standards that are not more stringent than the standards M to original regulations ), shall apply In California to such products, effective beginning January 1, 1993 , and shall not be preempted after such effective date by any energy conservation standard established M this section or prescribed, on or after January 1 , 1990! under this section. State and local (ii) If the Secretary does not publish a final rule before January 1, 1992 , relating to the revision of governments, the energy conservation standards for refrigerators , refrigerator

-freezers and freezers, State regulations which apply to such products manufactured on or after January 1 , 1995 , shall apply to such products until the effective date of a rule Iseued under this section with respect to such products. Regu lations. ( B) After the publication of a final rule under subparagraph (A), the Secretary shall publish a final rule no later than five years after the date of publication of the previous final rule

. The Secretary shall determine M such rule whet her to amend the standards In effect for the products described in 

### paragraph (1)• (C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which Is five years after- 

### (f) the effective date of the previous arnendnent; or (a) If the previous final rule did not amend the standards , the earliest date by which the previous amendment could have been effective; except that In no case may any amended standard apply to products manufactured within three years after publication of the final rule esta blishing such . amended standard.

7te) ST -(1) The energy efficiency ratio of room sir enndit;oners 

### be not leas than the followi ng for products manufactu red on or after January 1, 1990:
Product Chow- Ratio Without Reverts Cycle WW LM than 6,000 Btu .......................................................... 8.0 0,000 to 7,999 Btu ........................................................... 8.5 8,000 to 13,999 .......................................................... 9.0 14,000 to 119,999 OW ......................................................... 8.8 20,000 ......................................................... 8.2 

### .................................. 8.0 LOU then 86,000 ON ........................................................... 8.0 0,000 to 7,999 Btu ........................................................... 8.5 8,000 to 13, Btu .......................................................... 8.5 14,000 to 19, 999 Btu ......................................................... 8.5 20,000 ......................................................... 8.2 With Reverse With Louvered ........................................ 8.5 With Reverse Cycle , Without Louvered Skies ........................................ 8.0 Regu"OrUL (2)(A) The Secretary shell publish a final rule no IAW than Janua ry 1, 1992, to dete rmine If the



### at dada established under paragraph ( 1) should be amended. Such rule shall contain such amendment , If any, and provide that the amendment &hall apply to products manufactured on or after January 1, 1995. Regulations . ( B) AM'ter January 1, 1992 , the Secretary shell publish a final rule no later then five yea rs after the elate of publication of a previous final rule. The Secretary shag determine In such rule whether to emend the standards In stied for room air conditioners. 

### (Q Any,' smseWment prescribed under subparagraph (B) shall apply to products manuftetu red after a date whiff Is five years after- . (1) the effective date of the previous amerndment; or (11) If the previous final rule did not amend the standards, the earliest date by which a previous amenamsnt could have been effective; except that In no case may any amended standard apply to products manufactured within three years after publication of the final rule establislil ng such amended standard. (d) ST AM ComxTKmm arm HeAT Pumps.--41) The mummal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less than the following: (A) Split Systems : 10.0 for products manufactured on or after January 1, 1992. (8) Skngle Package System : 9.7 for products manufactured on or after January 1, 1993. (2) The heating seasonal performance factor of central air conditioning heat pumps shall be not than the following: 

### (A) Split Systems : 6.8 for products manufactured on or after January 1, 1992. (8) Single Package System 6.6 for products manufactured on or after January 1, 1993. Regulations . ( 3XA) The Secretary shall publish a final rule no later than January 1, 1994 , to determine whether the standa rds ished under paragraph (1) should be amended. Such rule shell contain such amendment. If any , and provide that the amendment shall apply to products manufactured on or after January 1, 1999

. The Secretary shall publish a final rule no later than January 1, 1994 , to determine whether the standards established under paragraph (2) shall be amended

. Such rule shall contain such amendment. M my, and provide that the amendment shall apply to products manufactured on or after January 1, 2002. 

### Regulations . ( 5) The Secretary shell publish a final rule after January 1, 1994, and no later than January 1, 2001,

to determine whether the standards In effect for central air comditioners and central air conditioning hest pumps should be amended

. Such rule shall provide that any amendment shall apply to products manufactu red on or after January 1, 2000. (e) STAIDArss FOR WATaa HEATERS; Pool, HAT @ N. Deed HUATaw Eourrradr.--(1) The energy factor of water heaters stall be not leas than the following for products manufactured on or after January 1, 1990: 

### (A) Gas Water HODW .62-(.0019 x Rated Storage Volume In gallons) (8) ON Water Hester : . 99-(.0019 x Rated Storage Volume In gallons) (C) Eidetic Water Heater : . 95-(.00132 x Rated Storage Volume In gallons)
(2) The thermal efficiency of pool heaters manufactured on or after January 1, 1990 , shall not be then 78 percoft



### $

### (3) The efficlencin of on or after January 1,1

all Fan type Up to 42,000 ffrUAKW ........................................................ 73% AFUE Over 43,000 Btuithour ......................................................... 74% AFUE 

## type to 10,000 ......................................................... 59% AFUE Over 10, 000 to 12, 000 ...................................... 60% AFUE Over 12,000 Bbmlxnw up to 15 , 000 ShOthour ...................................... 61% AFUE 15, 000 Stuftiour up to 19 ,000 ...................................... 82% AFUE Over 19,000 up to 27,01W Oft0tour ...................................... 63% AFUE Over 27,000 Btuthou r up to 46,000 Bhdhour ...................................... 84% AFUE Over 46,000 Btullmur ......................................................... 85% AFUE Roor Up to 37, ......................................................... 56% AFUE Over 37,000 Stuthour ......................................................... 57% AFUE Room Up to 18, 000 Btu/hour ......................................................... 57% AFUE OO'er 18,000 Btu/hour up to 20 ,000 Btu/hour 58% AFUE Over 20,000 Btu/hour up to 27, 000 Btu/hour ...................................... 83% AFUE Over 27, 000 Btu /hour up to 46,000 Btu/hour ...................................... 64% AFUE Ovor 46,@0 ►) Btu/hour ......................................................... 65% AFUE Regulations . ( 4)(A) The Secretary shall publish final rules no later than January 1, 1992 , to determine whether the standards esta ` nilshed by paragraphs ( 1), (2), or (3) for water heaters, pool heaters, and direct heating equipment shot ald be amended. Such rule shall provide that any a mendment shall apply to products manufactured oqn or after January 1, 1995. 

### Reg ul ations . (B) The Secretary shall publish a final rule no later then January 1, 2000 , to determine whether

standards in effect for such products should be amended

. Such rule shall provide that any such amendment shall apply to products manufactured on or attar January 1, 2005. Mobile homes . ( f) STANDAnoe Fee FuewAm .-( 1) Furnaces (other than furnaces designed sol_ely for installation in

mobile homes ) manufactured on or after January t, 1992 , shall have an annual fuel utilization efficiency of not less than 78 percent , except that- (A) boilers (other than gas steam boilers ) shall have an annual fuel utilization efficiency of not Was than 80 percent and gas steam boilers shall have an annual fuel utilization efficiency of not Isss than 75 percent; and 

### Regulations . ( B) the Secretary shall prescribe a final rule not later than January 1, 1989 , establishing an

energy conservation standard- _ (I) which is for furnaces (other than furnaces designed solely for Installation in mobile homes) having an input of lees than 45,000 Btu per hour and manufactured on or after January 1, 1992; (11) which provides that the annual fuel utilization effic iency of such furnaces shall be a specific percent which Is not two than 71 percent and not more than 78 percent; and (iii) which the Secretary determines Is not likely to result In a significant shift from gas heating to electric resistance heating with respect to either residential construction or furnace replacement. (2) Furnaces which are designed solely for Installation In mobile homes and which are manufactured on or after September 1, 1990 , shall have an annual fuel utilization efficiency of not less than 75 percent. Regulations . ( 3XA) The Secretary shall publish a final rule no later than January 1, 1992 , to determine whether the standards established by paragraph (2) for mobile home furnaces should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1994. (B) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established by this subsection for furnaces (Including mobile home furnaces ) should be amended

. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2002. (C) After January 1, 1997 , and before January 1, 2007 , the Secretary shall publish a final rule to determine whether standards In affect for such products should be amended

. Such rule shall contain such amendment , If any, and provide that any amendment shall apply to products manufactured on or after January 1, 2012.



### 9

### (g) W ASMM C.o .-(1) Dish washe rs manufactured on or after January AN rinse cycles 1, 1 968 , shall

clothes washers OM be 9"Wed with an option to unheated dry (2) of Include an without heat.
water option , but rrey have 2 hcated water rinse option, for products red on or after January 1, 1968. 

### (3) On clothes dryers shall not be equipped with a constant burning pilot for products man ufactu red on or after January 1, 1 (4){A) The Secretary shall publish final rules no later than January 1, 1 990 , to determine if the sbmxkwft established under this su bsection for products described In paragraph* ( 1), (2), and (3) should be amended . Such rules shall provide that any amendment sholl apply to produ cts the

r monufactu e of which Is completed an or after January 1,1 993 . , (9) After January 1, 1 , the Secretary shall publish a final rule no later than five y after the date of publication of the rule. previous final The Secretary shall determi ne In such rule whether to the standards In effect for Such (C) Any such amendment shall apply to products manufactured afteir a data which Is after- (I) the effective data of the pmvkxn amendment or (fi) if the previous final nde did not amend the standard, the earliest date by which a previous

could have bow In , except that In no case may any anmwided rd apply to products manufactured within three y after publication of the final rule establishing such standard. (h) ST S ron Krrdaw RA mm & o Ovms.-(1) Gas kitchen ranges and ovens having an electrical supply cord shall not be equipped with it Constant burning pilot for products manufactured on or after January 1, 1990. Regu lations . ( 2XA) The Secretary shall pu

. Nish a final rule no later than January 1, 1992, to determine If the

standards established for kitchen rnnges wW ovens In this subsection should be amended

. Such rule shall contain such amendment , If any , umd provk a that the amendment shall apply to products manufactured on of after January 1, 1995. (B) The Secretary shall pub ► Is a fins l rule no later than January 1, 1997 , to determine whether standards in effect for such products should be amended

. Such rule shall apply to products manufactured on or after January 1, 2000. (1) ST ImAws ron Onren Covaneo Pr,ucnn .-( 1) The Secretary may prescribe an energy conservation standard for any type (or class) of covered products of a type specified In paragraph (13) of section 322(a) if the requirements of subsection* (i) and ( m) are met and the Secretary determines that- (A) the average per household energy use within the United States by products of such type (or class) exceeded 150 kilowatt-hours (or its Stu equivalent ) for any 12-month period ending before such determination; (8) the aggregate household energy use within the United States by products of such type (or class) exceeded 4,200 , 000,000 klllowatt

- hours (or its Btu equivalent ) for any such 12-month period; (C) substantial Improvement In the energy efficiency of products of such type (or class) is technologically feasible; and 42 USC 6294 . ( D) the application of a labeling rule under section 324 to such type (or class ) Is not likely to be sufficient to Induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) which achieve the maximum energy efficiency which is technologically feasible and economically Justified. (2) Any new or amended standard for covered products of a type specified In paragraph (13) of section 322(a ) shall not apply to products manufactured within five yeas after the publication of a final rule establishing such standard. 

### (3) The Secretary may, In accordance with subsections ( I) and (m), prescribe an energy conservation standard for television sets. Any such standard may not become effective with respect to products manufactured before January 1, 1992. ® FnaT .- After Issuance of the last final rules required under subsections ( b) through (h) of this section , the Secretary may publish final rules to determine whether standards for a covered product should be amended. An amendment prescribed under this subsection shall apply to products manufactured after a data which Is S yeas after- 

### (A) the effective date of the previous amendment made pursuant to this pat; or (0) ft the previous final rule published under this part did not amend the standard , the earliest date by which a previous amendment could have been In effect , except that In no case may an amended standard apply to products manufactured within 3 years (for refrigerators , refrigerator

-freezers, and freezers, room air condltlonerv6 dishwashers, clothes washers , clothes dryers, and kitchen ranges and
ovens) or 5 years (for central air conditioners and heat pumps , water heaters, pool heaters, direct hesting equipment and furnaces) after publication of the final rule establ ishing a starmlard
.



### 10

### (3) Ss .-(1) With respect to each covered product described In (1) through (11) of sectIon 322(a), any person may petition the Secretary to conduct a rulsmoldng to detennhw fora covered product if the standards contained either lz the last final rule required under subsections (b) through (h) of thie section or Ina final rule ppublished under this section be amended. (3 shall grant a petitIon If he Mods that it contains evidence which, assuming no other 

### evidnce were considered, 0 basis for amending the standards under the following

(A) amended standards wifi result In significant conservation of energy; (5) amended standards are technologically feasible ; and ° (C) amended standards ore cost effective as described hi subsection (IX2XB)(IXH) the The grant of a petition by the under Secretory co presumption to determination of any of the criteria Ina ru ng under this sectio n. Secretary 's (3) An amendment prescribed under this lubeectian shall apply to products red after a date which Is S years after-

(A) the effective date of the previous amendment pursuant to this part; or (B) if the previous final rule published under this put did not amend the standard, the earliest date by which a previous amendment could have been If effect , except that In no case may an amended standard app ly to products etursd within 3 years (for refrigerators, refrigeratorfreezers , and freezers , room air condi"loners , dishwashers , clothes washers, cloths dryers , and kitchen ranges and ovens ) or S years for c n?rai air conditioners and heat pumps, water haters, pool beaters, direct heati ng equipment and furec*s) after publication of the final rule establishing a standard. (t) CrSTVSA row Pmscmeinc New on Aamo w SusvAres .-(1) The Secretary may not prescribe any amended standard which increases the maximum ahowable energy use, or decreases the minimum required energy efficiency , of a covered product. (2)(A) Any new or amended energy conservation standard prescribed by the Secretary under this aectlon for any type (or class) of covered product shall be designed to achieve the maximum improvement In energy efficiency which the Secretary determines is technologically feasible and economically j ustified. (B)(i) In determining whether a standard Is economically justIRed, the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the fits of the standard exceed Its burdens by, to the greatest extent practicable, conside ring- 

### (I) the economic impact of the standard on the manufacturers and on the consu mers of the products subject to such standard; " (II) the savings in operating costs throughout the estimated average fife of the covered 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 covered products which are likely to result from the imposition of the standard; 

### (III) the total projected amount of energy savings likely to result directly from the imposition of the ndard; (IV) any lessening of the utility or the performance of the covered products likely to result from the Imposition of the standard; (V) th impact of any lessening of competition , as determined In witting 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. (II)) For purposes of clause (l)(V), the Attorney General shall make a deterndnatlon of the Impact, if any, of any lessening of competition likely to result from such standard and shall transmit such determination, not later than 50 days after the publication of a proposed rule prescribing or amending are energy conservation standard , in writing to the Secretary , together with an analysis of the nature Federal and extent of such impact. Any such determination and analysis shall be published by the Secretary egI ster, in the Federal Register. publication . ( YI) if the Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation standard level will be less than three tines the value of the energy savings doming the first year that the consumer will receive as a result of the standard, as calculated under the applicable test procedure , there shall be a rebuttable presumption that such standard level In economically justified

. A determination by the Secretary that such criterion Is not net shall not be taken Into consideration in the Secretary ' s determination of whether a standard is economically justified.



### 11

### (3) The SecreUry May not prescri be an amended or rww steridard under Oft sectio n for a type (or class) covered product If- (A) for products other than dishwashers, clothes wasAws, clothes dryers , and kitchen ranges type and OvOW a test procedu re has not been proscribed pursuant to section 323 with respect to that 

### (or Class) of product; or (8) the Secretary determines, by rule, that the establi shmen t of such standard will not rem it in significant conservation of ww" or MW the establishment of such standard is not tec hnological ly fessible or economically Justified

. For purposes of section 327, a detsominiation under su bparagraph (B) with reaped to any type (or class) of covered products shall heve the same affect: as wou ld a standard proscribed for such type (or elm ). (4) The Secretary may not primunibe an smarbded or now standard under this section if the Secretary finds (and pu blishes finding) MM Interested persons have established by a preponderance of the evideace that the standard Is likely to rem it In the unavailability in the United States In &W co vered prod uct type (or claw) of performance cheracteriellm (Including reliabil ity), features, shms, capseffles arid volum es that we substantially the sarne as thoss generally avai lable In the tkdw s at the time of the Socretary's finding . The failure of some types (or classes) to meet this criterion shall not affect the Secretary's determination of whether to proscribe a standard for other types (or c9). 

### (m) PROCMXM n on Aunioss ST -Any now or amended energy conservati on standard shall be proscribed In accordance with the following praced ure: (1) The - 

### (A) shall publish an advance notice of proposed rulemai i ng which specifies the type (or class) of covered products to which the rule may apply; (B) shall Invite Interested persons to submit , within 60 drys after , the date of pumrcation of sucn advance notice
, written presentations of data , views , and arguments sn response to such notice; and (C) may identity proposed or amended standards that ma; be pre,cribed. Federal (2) A proposed rule which prescribes an amended or now erm%y conservation standard or prescribes Register , no amendment or no new standard for a type (or class) of covered product s shall be published In the publication. Federal Register

. In prescribing any such proposed rule with respect to a sesndard, the Secretary shall determine the maximum Improvement In energy efficiency or maximum reduetton In energy use that Is technologicaliy feasible for each type (or class) of covered products

. If such standard is not designed to achieve such efficiency or use, the Secretary shall state In the proposed rule the reasons therefor. (3) After the publication of such proposed rulemaking, the Secretary ` hall, In accordance with section 336, afford Interested persons an opportunity , during a period of not less than 60 days , to present oral and written comments (Including an opportunity to question those who make such presentations, as provided In such section) on matters relating to such proposed rule, including- (A) whether the standard to be prescribed Is economically justified (taking Into account those fahtors which the Secretary must consider under subsection (I)(2)) or will result In the effects described In subsection ( IX4); (B) whether the standard will achieve the maximum Improvement in energy efficiency which Is technologically feasible; (C) If the standard will not achieve such Improvement, whether the reasons for not achieving such Improvement are adequate; and(D) whether such rule should proscribe a level of energy use or efficiency which to higher or lower than that which would otherwise apply in the case of any group of products within the type (or class) that will be subject to such standard. Federal (4) A final rule prescribing an amended or new energy conservation standard or prescribing noRegister, amended or new standard for a type (or class) of covered products shall be published as soon as pracpublication

. ticable , but not less than 90 days , after publication of the proposed rule In the Federal Register. (n) Srocuu

. R*Lz FOR Co o au Tyres on Cusses or Pnooucrs .-( 1) A rule prescribing an energy conservation standard for a type (or class ) of covered products shall specify a level of energy use or efficiency higher or lower than that which applies (or would apply) for such type (or class) for any group of covered products which have the am* function or Intended use, If the Secretary determ ines that covered products within such group- 

### (A) consume a different kind of energy from that consumed by other covered products within such type (or class); or (B) have a capacity or other performance

- releted feature which other products within such type (or class) do not have and such feature Justifies a higher or lower standard from that which applies (or will apply) to other products within such type (or class). In making a determination under this paragraph concerning whether a performance

- related feature Ju stifies the establishment of a higher or lower standard , the Secretary shall consider such factors as the utility to the consumer of such a feature, arid such other factors as the Secretary deem s appropriate.



### 12

### (2) Any rule prs r*bng a higher or lower level or energy use or efficiency under parag raph (1) shall include en explanation of the heels on which such higher or lower level was established

. new or amended energy (o) wmcu w ST cc last -Any 

### standard prescribed under this include , section shall where test procedu res preconservation scribed In accordance with section 323 and may include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard applies meets the required miniuif energy officlency or maximum quantfty of energy use specified M such standard

. mum (p) Win ST with , and performance unde r, the energy conservation standards ((except for design standards authorized by this part) established in, or prescribed under, this section shall be determined using the test procedures and correspondi ng compliance crfte rlc 323. (q) -(1) Subject to (2), the Swetwj may, an application of

exempt any manufacturer, manufactu rer from rti or pert of the requirements of any In or prescribed under the section for any period not longer than the 24-month period beginning on the date such ode becomes , If the g ross Secretary finds that the annual c oTue a of suc h manufacturer from ed Its operations (Including the manufactu re and sale of covered products) does rat excead $$,000,000 for the 12-month period preceding the date of the application. In making such finding with respect to any manufacturer , the Secretary shall take into account the annual 

### revenues of any other parses who controls, Is controlled by, or is utider cr mmon control with, such manufacturer. (2) The Secretary may not exercise the authority granted under peragn ;ph (1) i=vfth respect to any type (or class) of covered product subject to an energy conservation standard uxler thin section unless the Secretary mmakes a finding, after obtaining the written views of the Attorney General, that a failure to allow exemption under paragraph (1) would likely result in a lessening of oom#.tltion. 

### REQUIREMENTS OF MANUFACTURERS

42 USC 6296

. SEC. 326 . (a) to Generel .-Each manufacturer of a covered product to which a rule under Section 324 applies

shall provide a label which meets , and is displayed in accordance with, the requirements of such rule. If such manufacturer or any distributor , retailer , or private labeler of such product advertises ouch product in a catalog from which it may be purchased , such catalog shall contain all information required to be displayed on the label, except as otherwise provided by rub of the Commission

. The preceding sentence shall not require that a catalog contain information respecti ng a covered product if the distribution of such catalog commenced before the effective date of the labeling rule under section 324 applicable to such product. (b) NoTmcaTma.-(1 ) Each manufacturer of a covered product to which a nee under section 324 applies shall nosy the Secretary or the Commission-

(A) not later than 60 drys after the date such rule takes effect , of the models In current production (and starting serial numbers of those models) to which such rule applies; and 

### (B) prior to com mencement of production, of all models subsequenty produced ( and starting serial numbers of those models) to which such rule applies. (2) If requested by the Administrator or Commission, the manufacturer of a covered product to which a rule under section 324 applies shall provide, within 30 days of the date of the request , the data from which the information included on the label and required by the rule was derived

. Data shall be kept on file by the manufacturer for a period specified in the rule. 

### (3) NOhen requested- (A) by the Secretary for purposes of ascertainmg whether a product subject to a standard established In or prescribed under section 325 Is In compliance with that standard, or (B) By the Commission for purposes of ascertaining whether the Information set out on a label of a product; as requked under section 324 , is accurate , each manufacturer of such a product shall supply at his euupense a reasonable number of such covered products to any laboratory designated by the Secretary or the Commission, as the case may be

. Any reasonable charge levied by the laboratory for such testing shall be borne by the Un/tad States if and to the extend provided Is appropriation Acts. (4) Each manufacturer of a covered product to which a rub under section 324 applies shall annualty, at a time specified by the Commission , supply to the Commission relevant data respecting energy consumption developed in accordance with the teat procedures applicable to such product under section 323.(5) A rule under section 323, 324, or 325 may require the manufacturer or his agent to permit a representative designated by the Commission or the Administrator to observe any testing required by this part and inspect the results of such testing.



### 13(e) manufacturer shall use labels renecting the range data required to be disclosed under 324(CXIXB) after of 80 days following the date of publication of any ta.,x^ .L:a )f A9utyc3 unless the rule under 324 provides for a later date . The Commission may not require labels be changes to reflect revised tables of ranges more often than annually. (d) bromATON Raourammirs.--i( l) For purposes of carryiN out this part , the Secreta ry may require, under Mb part or ~ provislon of low admirdstered by the Secretary, each manufacturer of a covered product to &Axn ft Wdortrado n or reports to the Sscratairy with reaped to energy efficie ncy or energy use of such covered product snid the economic Impect of any proposed energy conservation standard, as the Secretary delairmirm tiny be necesmy to actablish and revive test procedures, label ing rules, mW energy cmiservatiori standards for such product and to with the requ kements of this part. In malti ng any datermirtation under this paragraph , the Secretary shall consider existing public sources of in

### 9 Wicluding nationally recognized cardricatiort program of trade 11890CIGUOM (2) The Secretary shall exerdw authority under thb sectlort In a to munw. y 

### necessary 15 USC 796 . (3] The proviallom of section 11(d) of the Energy Supply and Environ Act of 1974

shall apply with reaped to kiformation obtained under this subsection to the same extent and In the Game mitnrw as Um apply with reaped to ermw kdormation obtained under section 11 of such Act.


### EFFECT ON OTHER LAW
42 USC 6297. Sac. 327 . (a) PREEitarnom or TesTaw AND L eo REOur xis.-(1) Effective on the date of enm tment of State and local the National Appliance Energy Conservati on Act of 1937 , this part supersedes any State regulation insofar govern m ents. such State regulation pprovidlea any time for the disclosure of Information with respect to any rnse sure of eneW consum ption of any covered

such State regulation requires testing or the use of any measure of energy consumption or energy descriptor in any manner other than that provided under section 323; or 

### (B) such State repletion requires disclosu re of Information with respect to the energy use or 42 USC 6294. energy efficiency of any covered product other than Information required under section 324.

(2) For purposes of this section , the term " State regulation " means a law, regulation , or other requirement of a State or Its political subdivisions. (b) GeanAL Rune or PREEmPTmm Fon ENEROV ConSenvaTaw STANDARDS BEFOne Feaoeu. STANDARD Becoaes EFecTrvE FM A PROOUcT.-Effective on the date of enactment of the National Appliance Energy Conservetion Act of 1937 and ending on the effective date of an energy conservation standard established under section 325 for any covered product , no State regulation, or revision thereof, concerning the energy efficiency or energy use of the covered product shall be effective with respect to such covered product, unless the State regulation or revisbn- (1) was prescribed or enacted before January 8, 1937 , and Is applicable to products before January 3, 1933; 

### (2) is a State procurement regulation described In subsection (a); (3) Is a regulation described in subsection (f)(1) or Is prescribed or enacted in a building code for new construction described In subsection (f)(2); (4) Is a regulation prohibiting the use In pool heaters of a constant burning pilot;(5) is a regulation described in subsection (d)(5)(B) for which a waiver has been granted under subsection (d); or 

### (6) In a regulation effective on or after January 1, 1992 , concerning the energy efficiency or energy use of television sets. (c) GDaRAL RULE or PREOMT0N Pm ENERGY CONSERVATaN STANroAnoS W im FEDERA. STANDARD BED E"EcTrviii ran A PRODUCT .- Except as provided In section 325 ( b)(3XA)(li) and effective on the effective date of an energy conservation standard established in or prescribed under section 325 for any covered product , no State regulation concerning the energy efficiency or energy use of such covered product shall be effective with respect to such product unless the regulation- 

### (1) Is a regulation described in paragraph (2 ) or (4) of subsection (b); (2) Is a regulation which has been granted a waiver under subsection (d); or (3) Is a building code for new construction described in subsection (f)(3). (d) WANVEn of Finas

. Pr=wnoN .-( 1)(A) Any Stab with a State regulation which provides for any energy conservation standard or other requirement with respect to energy use or energy efficiency for any type (or class) of covered product for which there Is a Federal energy conservation standard under section 325 may file a petition with the Secretary requesting a rule that such State regulation become effective with respect to such covered product.

14

### to pwagrOphe (2D through (5), the SeCretbry Wall, withi n the pedod desc ribed In para. (2) and after conskieretion of the Petition and the oonmmft of Iriteroded s, prescribe with rule If the Secreta ry famb ( finding) that the State has established by a pepondenimce of the evidence that such State regulation Is needed to most unusual and compelling ate" or local energy Intorests. (C) For purposes of this subsection, the torm "unusual and compelling State or local energy Inn

In y n 

### the United Stan (i) we such that the costs, benefits, bunions, and reliability of energy savings resulting from the

such regulation profwable or _Nry when nst the costs, benefits, bunions, and reliability of alternative apptoocfw^ ,) Groom or G P :W production, InclWing reliance on reasonably predictable market-Induced Improveme nts In GffWancy of all products subject to the State regulation

. The factors described I n clause (ii) sholl be evaluated within the conte xt of the State 's onargy plan 

## forscs& (2) The Secretary shell 91" notice of any petition filed under pa (1XA ) and afford Interested porsons a reasonable opportunity to make written comments , including rebuttal comments, thereon. The Fede ral Secretary shal l, within the 6-month period beginning on the date on which any such petition Is filed, deny Register, such petition or prescribe the requested rule, except that the Secretary may publish a notice In the publication

. Federal Register extending such period to a data certain but no longer than one year after the date on Federal which the petition was filed. Such notice shall Include the reasons for delay. In the caw of any denial Register, of a petition under this subsection , the Secretary shall publish In the Federal Register notice of, and the publication . reasons for, such denial. (3) The Secretary may not prescribe a rule under this subsection If the Secretary finds (and publishes such finding) that Interested persons have established, by a preponderance of the evidence, that such State regulation will significantly burden manufacturing , marketing, distribution , sale, or servicing of the covered product on a national basis. In deter m ining whether to mace such finding, the Secretary shall evaluate all nakrmn factors , I ncluding-

(A) the extent to which the State regulation will Increase manufacturing or distribution costs of manufacturers , distributors , and others; 

### (B) The extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or Mean competition In the sale of the covered product In the State; (C) the extent to which the State regulation would cause a burden to manufacturers to redesi gn and produce the covered product type (or class), taking into consideration the extent to which the regulation would result in a reduction- (I) In the current models , or In the projected availability of models, that could be shipped on the effective data of the regulation to the State and within the United States; or (G) in the current or projected Was volume of the covered product type (or class) In the State and the United States; and (D) the extent to which the State regulation Is likely to contribute significantly to a proliferation of State appliance efficiency requirements and the cumulative impact such requirements would have. (4) The Secretary may not prescribe a rule under this subsection If the Secretary finds (and publishes such finding ) that Interested persons have established , by a preponderance of the evidence , that the State regulation Is likely to result in the unavailability in the State of any covered 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 State at the time of the Secretary ' s finding, except that the failure of some classes (or types ) to meet Oft criterion shall not affect the Secretary ' s determination of whether to prescribe a rule for other choose (or types). 

### (5) No final rule prescribed by the Secretary under this subsection may- (A) permit any state regulation to become effective with respect to any covered product manufactured within three years after such rule Is published in the Federal Register or within five yeers If the Secretary finds that such additional time Is necessary due to the substantial burdens of retooling , redesign, or distribution needed to comply with the State regulation; or 

### (B) become effective with respect to a covered product manufactured before the earliest possible effective date specified In section 325 for the Initial amendment of the energy conservation standard establ ished In such section for the covered product ; except that such rule may become effective before such data If the Secreta ry finds (and publishes such finding) that, In addition to the other requirements of this subsection the State has established , by a preponderance of the evidence,that1 

# s0) e xists 

### (t) Imperils the hedth, adety, and a of Its nmddwft because of of me Bhft or wtMU" within the State to provide adequate quantities of gas or elect ric ene rgy to Its residents at lese than prohibitive costs; and (In cannot be substantially allavlaW by the Importation of energy or the use of Interconommdan agreements; and (1) the Stato regulation Is necessary to alleviate substantially such condition
. (8) In any ease In which a a rule under paragraph (1) with respect to a covered product srW subsequently a concerni ng such product Is amended pursuant to section 325 , any person subject to such State regulation may Me s petition with the Secre tary nmr-seating the Secretary to wlthdrw the rule Issued under parag raph ( 1) with respect to such product in such State. The ry cl z i consW^-Nr such petition In accordance with the requirements of paragraphs (1), (3), and (4), except L__ L: C-All be an thc Y Y, to show by a preponderance oft evib9l go Side under parogroph (1) should be wtftmwn as a result of the dence arnsodmerd to the Federal storWard. if the Socroary determines that the po*Ww has shown that the

by On Shft should be so willukawn, the Secretary shaN withdraw it. (a) Excurnm Pon CaWTRa STA-m PnocLwasurT STUaaa .-Any State regulation which sots forth procurement standards a State (or political subdivision thereof) shall not be suponmWed by the provisions of this part If such standards are more stringerd than the conumpondi ng Federal energy conservation standards. (1) Exconm me Cornrow SuLom Coca .- (1 ) A regulation or other requirement enacted or proscribed before January 8, 1987 , that Is contained in a State or local building code for new construction concerning the energy officleM or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established In prescri bed under section 325 for such covered product. (2) A regulation or other requirement , or revision thereof , enacted or prescribed on or after January 8, 1987 , that Is contained In a Stab or local building code for new construction concerning the energy efficiency or energy use of a covered product Is not su perseded by. this part until the effective date of the energy conservation standard established In or prescribed under section 325 for such covered product if the code does not require that the energy efficency of such covered product exceed- 

### (A) the applicable minimum efficiency requirement In a national voluntary consensus standard; or (8) the minimum energy efficiency level in a regulation or other requirement of the State meeting the requirements of subsection (bXi ) or (b)(5), wWJwww Is higher. (3) Effecti ve on the effective data of an energy conse rvation standard for a covered product esta bUshed or prescribed under section 325 , a regulation or other requirement contained In a State or local building code for new construction concerning the energy efficiency or energy use of such covered product Is not superseded by this part If the code complies with all of the following requirements: 

### (A) The code pe rmits a builder to meet an energy consumption or conservation objective for a building by selecting items whose combined energy efficiencies meet the objective. (8) The code does not require that the covered product have an energy efficiency exceeding the applicable energy conservation standard established in or prescribed under section 325, except that the required efficiency may exceed such standard up to the level required by a regulation of that State for which the Secretary has Issued a rule granting a waiver under subsection (d). (C) The credit to the energy consumption or conservation objective allowed by the code for Installing covered products having energy efficiencies exceeding such energy conservation standard establ ished in or prescribed under section 325 or the efficiency level required In a State regulation reforred to In subparagrap h (B) Is an a one4or-one equivalent energy use or equivalent cost basis. ( D) it the code uses one or more baseline building designs against which all submitted building designs are to be evaluated and such baseline building designs contain a covered product subject to an energy conservation standard established In or prescribed under section 325, the baseline building designs are based on the efficiency level for such covered product which meets but does not exceed such standard or the efficiency level required by a regulation of that State for which the Secretary has Issued a rule granting a waiver under subsection (d). 

### (E) if the code sets forth one or more optional combinations of items which meet the energy consu m ption or conservation objective, for every combination which includes a covered product the efficiency of which exceeds either standard or level referred to In subparagraph (D), there also shall be at lean one combination which Includes such covered product the efficiency of which does not exceed such standard or level by more than 5 percent, except that at least one combination shell Include such covered product the efficiency of which meets but does not exceed such standard.



# 16

### (F) The onarff consumption or conservation objective Is specified In term of an estimated total (w hich from erwW lose. or galn-based codes ) utilizing an equivalent amount of energy (which may be specified In units of enern or Its oWtvalent cost .) (0) The estimated ancra use of any covered product permitted or In the code , or used in calcuis" the otipstive Is determined ushV the applicable test procedures proscribed u nder

except the use calculation to be adjusted to reflect the condItIons of the wass where the code is bohV applied if such adjustment Is based on the of the applicable Wet procedures prescribed under section 323 or other technical ly accurate documented procedure. (4)(A) Subject to subparagraph (B). a State or local government Is not requi red to submit a petition to the Secretary In order to enforce or apply Re buk*V code or to establish that the code masts the conditions set forth In this subsection

. (N) If a bLdkWv soft requires the Installation of covered products with efficiencies exceedi ng both the applicable F ederal standa rd established In or prescribed under section 325 and the icesuch State, if any, that has been granted a waiver under ribeection ( d), such i requ remom the buildi ng code shall not be applicable unless the Secretary has granted a waiver for such requ i rement su bsection (d). 

### (g) No ftmm rv .- Any disclosure with respect to energy use, energy efficiency, or estimated annual no cost which to nKWred to be made under the provisions this part shall note to an e xpress or Implied warranty under State or Federal law that such energy efficiency will be achieved or that such onsto use or estimated annual operating cost will not be exceeded under conditions of actual use.

RULES 42 USC 6298 . SEC. M. The Commission and the Administrator may each issue such rules as each deems necessary to carry

out the provisions of this part. 

### AUTHORITY TO OBTAIN INFORMATION
r 42 USG 6299 . SEC. 329 . (a) In General.-For purposes of carrying out this part, the Commission and the Administrator may

each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books , records , papers , and other documents , and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to wit nesses in the courts of the United States

. In case of contumacy by, or refusal to obey a subpena served upon any person subject to this part, the Commission and the Administrator may each seek an order from the district court of the United States for any district in which such person is found or resides or transacts business requiring such person to appear and give testimony , or to appear and produce documents

. Failure to obey any such order is punishable by such court as a contempt thereof. (b) Confidentiality .- Any information submitted by any person to the Administrator or the Commission 15 USC 796

. under this part shall not be considered energy Information as defined by section 11 (e)(1) of the Energy Supply

and Environmental Coordination Act of 1974 for purposes of any verification examination authorized to be conducted by the Comptroller General under section 501 of this Act.


### EXPORTS 42 USC 6300. SEC. 330. This part shall not apply to any covered product If (1) such covered product is manufactured, sold, or

held for sale for export from the United States (or such product was imported for export), unless such product is in fact distributed in commerce for use in the United States, and (2) such covered product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such covered product is intended for export. 

### IMPORTS 42 USC 6301. SEC. 331. Any covered product offered for importation in violation of section 332 shall be refused admission into

the customs territory of the United States under rules Issued by the Secretary of the Treasury , except that the Secretary of the Treasury may , by such rules , authorize the importation of such covered product upon such terms and conditons (i ncluding the furnishing of a bond) as may appear to him appropriate to ensure that such covered product will not violate section 332, or will be exported or abandoned to the United States . The Secretary of the Treasury shall prescribe rules under this section not later than 180 days after the date of enactment of this Act.



### 17

### PROHIBITED ACTS . unlawful- 42 USC 6302. SEC

. 332. (a) In enerai.- it shall be

(1) for any manufactu rer or private labeler to distribute in commerce any new covered product to which a rule under section 324 applies , unless such covered product is labeled in accordance with such rule; (2) for any man ufactu rer, distributor , retai ler, or private labeler to remove from any new covered product or render i llegi ble any label required to be provided with such product under a rule under sect ion 324; (3) for any manufacturer to fail to permit access to , or copying of, records required to be supplied u nder this part, or tali to make reports or provide other information required to be supplied under this part; (4) for any person to fail to comply with am appli cable requirement of section 328(a), (bX2), (bX3), or (b)(5);
or (5) for any manufa rer or privato to distribute in commerce any new covered product which is not in conformity with an applicable energy can c ^rvatlon standard established In or prescribed under this part. (b) Danamoa.-For purposes of this section , the term " new covered product " means a covered product the of ictn has not passed to a purchaser product for purposes other than (1) re ling such product , or (2) l easi ng such product for a period in excess of one year.

42 USC 6303

. Sac 333 (a) is -Except as provided in subsection (c), any person who knowingly violates any provision

of section 332 shall be subject to a civil penalty of not more than $100 for each violation

. Such penalties shall be assessed by the Commission , except that penalties for violations of section 332(ax3 ) which relate to requirements prescribed by the Administrator, violations of section 332(ax4 ) which relate to requests of the Administrator under section 326 (bx2), or violations of section 332(ax5 ) shall be assessed by the Administrator. Civil penalties assessed under this part may be comprised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the Impact of the penalty upon a particular respondent. Each violation of paragraph ( 1), (2) or (5) of section 332(a) shall constitute a separate violation with respect to each covered product , and each day of violation of section

- 332(ax3) or (4) shall constitute a separate violation. "Knowingly " - ( b) .-As used in subsection (a), the term " knowingly " means ( 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 circumincluding knowledge obtainable upon the exercise of due care. 

### stances, (c) Runs :.- it shall be an unfair or deceptive act or practice in or affecting commerce (within the 15 USC 45 . meaning of section 5(aX1) of the F ederal - Trade Commission Act) for any person to violate section 323 (c), except to the extent that such violation is prohibited under the provisions of section 332(aX1), Ii which case such provisions shall appty. (d) Pnocaauaa roe Azaassa.o PVULtir .-( 1) Before isacdng an order assessing a civil penalty against any person wider this section , the Secretary shall provide to such person notice of the proposed penalty

. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph ( 3) (7 Neu of those of paragraph (2)) apply with respect to such assessment. (2XA) Unless an election is nude wiHtin 30 calendar days after receipt of notice wider paragraph (1) to have paragraph (

3) apply with respect to such penalty , the Secretary shall assess the penalty, by order , after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of tide 5, United States Code, before an administrative law Judge appointed under section 3105 of such tide 5. Such assessment order shall include the admi Istrativs law Judge ' s findings and the basis for such assessmen t (B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days titer the date of area order of the Secretary assessing such penalty, Institute an action in the United States coat of appeals for the appropriate Judicial moult for Judicial review of such order In accordance with chaptar7 of tide 5, United States Code

. The oast shah have Jurisdiction to enter a judgment affirming, modifying, or setting aside h► whole or In part; the order of the Secretary, or the court may remand the proceeding to the Secretary for such hwiw action as the coat may d^rsct (3XA) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall pronipt ty assess such penalty , by order, after the date of the receipt of the notice wider paragraph (1) of flu proposed penalty. (B) M the cMi penalty has not been paid wabin 60 calendar days after the assessment order has been made wider subparagraph ( A), the Secretary shall institute an action in the appropriate disMct court of the United mates for am cider afTmhug the assessment of the clod penalty

. The court shall have authority to review de nave the law and the facts involved , and shah' have Jurisdiction to enter a Judgment enforcing, modify*7g, and enforcing as so modified , or setting aside hi whole or in part, such assessmen t 

### (C) Any election to have area paragraph apply may not be revoked except with the consent of the Secre- ^Y



### 18(4) If any person We to pay an assessment of a ch It has become a Mal and unappealable order under paragraph (2), or after the appropria te d1strict court has entered final t in few of the Secre. tary under paragraph ( 3), the Secretary shall an action to nooovw the anxxw of such penalty in any datrict court of the UAW States. In such action, of such final 

### or not be sL6ftict to review. (5)(A) of We 28, United States Coda, or section 502(c) of the Department of Energy Organization Act, the Secretary ~ be represented by the general counsel of On Dspartrnont of Energy (or any attomey or mwwp wi th in the Department of Energy dDSOMW by the Secretary) who shall Supervise, conduct; and argue any civil Ngstion to which paragraph ( 3) of this absooWn applies ( including any related collection action oxfor paragraph (4)) in a court of On United States or In any other court, except

Court However the Secretary or a With the Attorney Cwwaf ow;csrrft such ton, and the Attorney Gan&W shall provide , on requW Such assistance In the conduct of such litigation as may be appropriate

. (B) SWact to the provisions of soodw 502 (c) of the Department of Energy Organization Act, the Secretary shalf be represented by the At orney General, or the Solicitor General , as appropriate, in actions under subsocam, except to the extont pro~ in paregreph (A) of this paragraph

. (C) Section 402(d) of the Department of Energy Organization Act not apply with respect to the functions of the Secretary under this subsection. (6) For purposes of ap*M the preceding provisions of this tion in the case of the assessment of a penalty by the Commission for violation of paragraphs (1) and (2) of section 332, references W such provisoes to "Secretary" and „ t of Energy " shall be considered to be references to the "Commission. " 

### INJUNCTIVE ENFORCEMENT

42 USC 6304

. SEC. 334

. The United States district courts shall have jurisdiction to restrain ( 1) any violation of section 332 and

(2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 324 or 325

. Any such action shall be brought by the Commission , except that any such action to restrain any violation of section 332(x }(3) which relates to requirements prescribed by the Administrator , any viocation of section 332(x }(4) which relates to req uests of the Administrator under section 326 (bX2), or any violation of section 332(a)(5) shall be brought by the Administrator

. Any such action may be brought in any United States district court for a district wherein any act , omission , or transaction constituting the violation occurred , or in such court for the district wherein the defendant is found or transacts business

. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found. 

### CITIZEN SUITS

42 USC 6305

. SEC. 335 (a) Except as otherwise provided in subsection (b), any person may commence a civil action against- (1) any manufacturer or private labeler who is alleged to be in violation of any provision of this part of any rule under this part; (2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary; or (3) the Secretary In any can In which then Is an alleged failure of the Secretary to comply with a nondiscretlonary duty to Issue a proposed or final rule according to the schedules set forth In section 325. The United States district courts shall have jurisdiction, without regard to the amount of the controversy or the citizenship of the parties , to enforce such provision or rule , or order such Federal agency to perform such act or duty , as the case may be

. The courts shall advance on the docket , and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection

. If the court finds that the Secretary has failed to comply with a deadline established In section 325, the court shall have jurisdiction to order appiopriato relief , Including relief that will ensure the Secretary ' s compliance with future deadlines for the owns covered product. 

### (b) LsTATRON .-- No action may be commenced- (1) under subsection (aXll - (A) prior to 80 days after the date on which the plaintiff has given notice of the violation (I) to the Administrator , (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or 

### (B) If the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but , In any such action , any person may intervene as a matter of right. (2) under subsection (aX2) prior to 60 days after the date of which the plaintiff has given notice of such action to the Administrator and Commission. Notice under this subsection shall be given In such manner as the Commission shall prescribe by rule. (e) Rxseiy To bnanvv .- In such action under this section , the Administrator or the Commission (or both), if not a party , may intervene as a matter of right.



### 19(d) Awasu oc Cosn of LmoAi .- The court , in Issuing any final order in any action brought pursuant to 

### (a) of this section, may award costs of IIItigat^cn (including reasonable attorney rd ::cry-t to any party , whenever the court determines such award is appropriate. (e) Pas A~ or Oman jan.-Nothlng Is this section shaH restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, orb seek any other (Including

relief against the Administrator or the Commission). 

### (1) Cowuanca s Gooo Fame.

- For purposes of this section, If a manufacturer or private labeler complied in faith with a rule under this part , then he shall not be deemed to have violated any provision of this part by



### I nvalidity reason of the alleged of such rule.

AD&INISTRATIVE 42 USC 8306. Sec. . (act) In addition to the requirements of section 553 of tltfo 5, Code , UnIted States rules prescribed under sectIon 329, 324, 325, 327 , or 328 of this part shal l afford I nterested person s an opportu. aNy to present written and oral data, views, and arguments with respect to rule

. any proposed 42 USC 8288 . ( 2) In the ease of a ruin prescribed under section 325, the Secretary shall, by means of co nferences 

### Informal procedures, afford any Interested person an opportunity to questIon- (A) other Interested persons who have made oral presentations; and (B) employees of the United States who have made written or oral presentations with respect to disputed Such pporunity shall be afforded to tie extent the Secretary determines that questioning pursant to ouch procedures Is likely to result In a more timely and effective resolution of such Issues. (3) A script shall be kept of any oral presentations made under this su bsection

. (b)(1) Any person who will be adversely affected by a rule prescribed under sectIon 323, 324, or 325 may, at fumy time within 80 days after the date on which such rule is prescribed, file a petition with the AJrilted States court of appeals for the circuit In which such person resides or has his principal place of 

### h ut s , for review

Judicial of such rule. A copy of the petition shall be transmitted by the clerk of the court to the agency which prescribed the rule

. Such agency shall file In the court the written submissions to, sod transcript of, the proceedings on which the rule was based, as provided in section 2112 of title 28, United Mates Code. 

### ()Upon the filing of the petition referred to In paragraph ( 1), the court shall have jurisdiction to 5 USC 701 review the rule in accordance with chapter 7 of titre 5, United States Code, and to grant appropriate relief of seq

. as provided In such chapter

. No rub ynder section 323, 324 , or 325 may be affirmed unless supported by

substantial evidence. (3) The judgment of the court affirming or setting aside , in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. 

### (4) The remedies provided for In this subsection shall be M addition to , and not M substitution for, any other remedies provided by law. (5) The procedure applicable under th i s pet shall not- (A) be considered to be modified or affected by any other provision of taw unless such other pro• vision specifically amends this pat (or provisions of law cited herein); or 

### (S) be considered to be superseded by any other provision of law unless such other provision does so M specific terms by referring to this part and declaring that such provision supersedes, in whole or In part , the procedures of this part. (c) Jurisdiction Is vested in the Federal district courts of the United States over actions brougnt byState and local ( 1) any adversely affected person to determine whether a State or local government is complying with governments, the requirements of this put; sand



### (2) any person who files a petition under section 325(k) which is denied by the Secretary. CONSUMER EDUCATION

42 USC 63 07. SEC. 337. The Administrator shall, in doss cooperation and coordination with the Commission and appropriate

industry trade association. and industry members , including retailers , and interested consumer and environmental organizations , carry out a program to educate consumers and other persons with respect to- 

### (1) the significance of estimated annual operating costa: (2) the way in which comparative shopping , including comparisons of estimated annual operating costa, can save energy for the Nation and money for consumers; and (3) such other matters as the Administrator determines may encourage the conservation of energy in the use of consumer products. Such steps to educate consumers may include publications, audiovisual presentations, demonstrations , and the sponsorship of national and regional conferences involving manufacturers , distributors , retailers , and consumers,



### 20and State, bcal, and Federa l Government representatives

. Nothing in this section may be construed to require the compilation of lists which compare ft estimated annual operating costs of consumer products by model or manufactu rer's name . 

### ANNUAL REPORT
42 USC

. SEC. 338

. The Administrator shall report to the Congress and the P resident (1) part of his annual

report, or (2) in a separate report submitted annually , on the progress of the program undertaken pursuant to this part and on the energy sawngs f of this part. Each such report shall specffy the actions undertaken by the Secretary In camling out fts part dwhig the period co vered by such report; and those actions which the Secretary was to take undlar this part during such perW but which were not taken , together with the reain a defense or justifiedlon fora fai lure by the Secreta ry to sons comply with a norodiscretione ry duty as provicled for In .
AUTHORIZATION OF APPROPRIATIONS
42 USC 6309

. SEC. 339 . (a) AuTHovaATmn Fee THE Seemmy.-There are authorized to be appropriated to the Administrator

not more than the following amounts to carry out his responsi bilities under this part- (1) *1,700 , 000 for fiscal year 1976; (2) $1,500 , 000 for fiscal year 1977; (3) $3,300, 000 for fiscal year 1978; and (4) $10,000 , 000 for fiscal year 1979. Amounts authorized for such purposes under paragraph (3) shaft be in addition to amounts otlxawise authorized and appropriated for such purposes. (b) Au4nmtzanoas on THE Cowassiou .- There are authorized to be appropriated to the Commissian not more than the following amounts to carry out Its responsibilities under this part- (1) $650,000 for fiscal year 1976; (2) $700 , 000 for fiscal year 1977; (3) $700, 000 for fiscal year 1978; and (4) $2,000, 000 for fiscal year 1979. (e) Oman Aummoruzanoss .-There are authorized to be appropriated to the Administrator to be allocated not more than the following amounts- (1) $1,100 , 000 for fiscal year 1976; (2) $700, 000 for fiscal year 1977; and (3) $700, 000 for fiscal yar 1978. Such amounts shall, and any amounts authorized to be appropriated under subsection (a), may be allocated by the Administrator to the National Bureau of Standards.



### 21