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TITLE 10-ENERGY

CHAPTER II-DEPARTMENT OF ENERGY

SUBCHALP7

PROG 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)

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DOE/CE-0220

UC-95d

TITLE '] 7

CHALPTiH H-Dfj ,

PART 430-ENERGY CONSERVATION

PROGRAM FOR

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)

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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 procedures. 3

SEC. 324. Labeling. 5

SEC. 325. Energy conservation 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 in italics represents amendments made by NECPA and text in bold type

represents amendments made by NAECA.

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ENERGY POLICY AND CONSERVATION ACT (PL 94-163)

AMENDED BY

NATKWAL ENERGY CONSERVATION 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 heating water, including all ancillary equipment wchss

fans, storage tanks, pumps or controls n.ceewy for the device to perform lt function.

(21) Th. term •• orboiler" means a furnace or baler designed

venting

metalin to wind, rain, and end supplied snow, with its awn venting

42 USC 6292. t.- 322. (a) in - products, excluding those consumer products 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.

(0) Clothes dryers.

(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

Register, 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

prescribing or amending a teat procedure, the Secretary shall take Into account such Information as the

3

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LASELNG

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) through (12)

lion 322(a), except to the extent that, with resped to any such type (or class , the Commission determines (bX5) that laboling in accordance with Oft section is not t

or ly, ble.

(2) The Commission 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 determines under the second serftrice of subsection

(bX5) that labeling in scowdance with this section is not technologically or soonomically ble or is not likely

to as" consumers In making purchasing 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

FM In making ppurche ng

dondN

(B) the Administrator procedures under section X1 ) for such type (or class

thereof), and

(C) the Commission determines 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 paragraphs (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

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(B) Information respecting the range of estimated annual operating costs for covered products to which

the rule applies; except that if the Commission requires' disclosure under subparagraph (A) -t -nee -e cf

energy consumption different from estimated annual operating cost. then the label shall disclose the range

of such measure 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 applies.

(B) Subject to paragraph (6). Information respecting the range of estimated 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 description of the tog procedures under eectiorr 323 used in determining the estimated annual

operating costs or other measure of energy consumption of the type or elm of covered products.

(D) A prototype label and directions for displaying such label.

(3) A rule under Oft section artall require that the label be displayed in a manner Met the Commission

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 newspaper, 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 in

making 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.

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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 covered products; 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 energy use allow In kilowatt hours per year for f the ollowing (other than those

In paragraph (2)) manufactured on or after January 1, 1990:

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 freezer with through 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.

Regulations. (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 whether 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 establishing such . amended standard.

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

be not leas than the following for products manufactured 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 January 1, 1992, to determine 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 years 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 manuftetured 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 establislilng 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

standards 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

manufactured 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

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(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 Btuthour 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.

Regulations. (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 efficiency 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

EE-RM/STD-01-350 COMMENT 02RR
(g) WASMM C.o .-(1) Dishwashers 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 manufactured

on or after January 1, 1

(4){A) The Secretary shall publish final rules no later than January 1, 1990, to determine if the

sbmxkwft established under this subsection for products described In paragraph* (1), (2), and (3)

should be amended. Such rules shall provide that any amendment sholl apply to products the

monufacture of which Is completed an or after January 1,1993. ,

(9) After January 1, 1 , the Secretary shall publish a final rule no later than five y after the

date of publication of the previous final rule. The Secretary shall determine 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.

Regulations. (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 establishing a starmlard.

10

EE-RM/STD-01-350 COMMENT 02RR
(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 grant of a petition by the u Secretory nder co presumption to the

Secretary's determination of any of the criteria Ina ru ng under this section.

(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 apply 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 heating equipment and furec*s) after publication of the final rule establishing a

standard.

(t) CrSTVSA row Pmscmeinc New on Aamow 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 justified.

(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, considering-

(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

egIster, 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

EE-RM/STD-01-350 COMMENT 02RR
(3) The SecreUry May not prescribe an amended or rww steridard under Oft section for a type (or

class) covered product If-

(A) for products other than dishwashers, clothes wasAws, clothes dryers, and kitchen ranges

and OvOW a test procedure has not been proscribed pursuant to section 323 with respect to that type

(or Class) of product; or

(8) the Secretary determines, by rule, that the establishment of such standard will not remit in

significant conservation of ww" or MW the establishment of such standard is not technologically

fessible or economically Justified.

For purposes of section 327, a detsominiation under subparagraph (B) with reaped to any type (or class) of

covered products shall heve the same affect: as would 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 publishes finding) MM Interested persons have established by a preponderance of the evideace that the standard Is likely to remit In the unavailability in the United States In &W covered product

type (or claw) of performance cheracteriellm (Including reliability), features, shms, capseffles arid volumes

that we substantially the sarne as thoss generally available 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 ing 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 products 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 no

Register, 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 Coo 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 determines 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 Justifies

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 deems appropriate.

12

EE-RM/STD-01-350 COMMENT 02RR
(2) Any rule prs r*bng a higher or lower level or energy use or efficiency under paragraph (1) shall

include en explanation of the heels on which such higher or lower level was established.

(o) wmcuw ST cc last -Anynew or amended energy

conservation standard prescribed under this section shall where include, test procedures prescribed 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 minimum uif energy officlency or maximum quantfty of energy use specified M such standard.

(p) Win ST with, and performance under, 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 corresponding compliance crfterlc

323.

(q) -(1)Subject to (2), the Swetwj may, an application of

any manufacturer, manufactu exempt 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 Secretary finds that the annual ross

c oTue a of such manufacturer from ed Its operations (Including the manufacture 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 crmmon 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 respecting 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 commencement 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

EE-RM/STD-01-350 COMMENT 02RR
(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 Secretary may require,

under Mb part or ~ provislon of low admirdstered by the Secretary, each manufacturer of a covered

product to &Axnft Wdortradon or reports to the Sscratairy with reaped to energy efficiency 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, labeling rules, mW energy

cmiservatiori standards for such product and to with the requkements of this part. In

malting any datermirtation under this paragraph, the Secretary shall consider existing public sources of in9 Wicluding nationally recognized cardricatiort program of trade 11890CIGUOM

(2) The Secretary shall

w. y

exerdw authority under thb sectlort In a to munnecessary

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 Conservation Act of 1937, this part supersedes any State regulation insofar

govern ments. such State regulation pprovidlea any time for the disclosure of Information with respect to any rnsesure of eneW consumption 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 disclosure 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

EE-RM/STD-01-350 COMMENT 02RR
to pwagrOphe (2D through (5), the SeCretbry Wall, within the pedod described In para.

(2) and after conskieretion of the Petition and the oonmmft of Iriteroded s, prescribe

with rule If the Secretary 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 yn 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 In clause (ii) sholl be evaluated within the context 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

Federal Secretary shall, 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. reasonsfor, 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 mining 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 redesign

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

established In such section for the covered product ; except that such rule may become effective

before such data If the Secretary 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 s

EE-RM/STD-01-350 COMMENT 02RR
0) exists

(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 electric energy 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 ruleunder paragraph (1) with respect to a covered

product srW subsequently a concerning such product Is amended

pursuant to section 325, any person subject to such State regulation may Me s petition with the Secretary

nmr-seating the Secretary to wlthdrw the rule Issued under paragraph (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 evidence b9l go Side under parogroph (1) should be wtftmwn as a result of the

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 conumponding 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 prescribed 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 superseded 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) Effective on the effective data of an energy conservation standard for a covered product estabUshed 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 permits 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

established in or prescribed under section 325 or the efficiency level required In a State regulation

reforred to In subparagraph (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

consumption 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.

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(F) The onarff consumption or conservation objective Is specified In term of an estimated total

(which 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 under

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 technically accurate

documented procedure.

(4)(A) Subject to subparagraph (B). a State or local government Is not required 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 exceeding

both the applicable Federal standard established In or prescribed under section 325 and the icesuch State, if any, that has been granted a waiver under ribeection (d), such requiremom the building code shall not be applicable unless the Secretary has granted a waiver for such

requirement subsection (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 express

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 (including 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.

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PROHIBITED ACTS .

42 USC 6302. SEC. 332. (a) In enerai.- it shall be unlawful-

(1) for any manufacturer 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 manufacturer, distributor, retailer, or private labeler to remove from any new covered product or

render illegible any label required to be provided with such product under a rule under section 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 applicable 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 canc^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) leasing 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 circumstances, including knowledge obtainable upon the exercise of due care.

(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 Federal- 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 assessment

(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 proniptty 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 assessment

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

^Y

18

EE-RM/STD-01-350 COMMENT 02RR
(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 appropriate 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 within 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

EE-RM/STD-01-350 COMMENT 02RR
(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 relief against the Administrator or the Commission). (Including

(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

reason of the alleged Invalidity of such rule.

AD&INISTRATIVE

42 USC 8306. Sec. . (act) In addition to the requirements of section 553 of tltfo 5, UnIted States Code, rules

prescribed under sectIon 329, 324, 325, 327, or 328 of this part shall afford Interested persons an opportu.

aNy to present written and oral data, views, and arguments with respect to any proposed rule.

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

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 subsection.

(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 Judicial review 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 this 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 6307. 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,

20

EE-RM/STD-01-350 COMMENT 02RR
and State, bcal, and Federal 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

manufacturer's name.

ANNUAL REPORT

42 USC . SEC. 338. The Administrator shall report to the Congress and the President (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 covered 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 reasons in adefense or justifiedlon fora failure by the Secretary to

comply with a norodiscretionery 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 responsibilities 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.

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