112TH CONGRESS 
2D SESSION 
H. R. 6582 
AN ACT 
To allow for innovations and alternative technologies that 
meet or exceed desired energy efficiency goals, and to 
make technical corrections to existing Federal energy 
efficiency laws to allow American manufacturers to re-
main competitive. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Energy Man-
ufacturing Technical Corrections Act’’. 
SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES. 
Section 342(f) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(f)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraphs 
(2) through (5)’’ and inserting ‘‘paragraphs (2) 
through (6)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) 
INNOVATIVE
COMPONENT
TECH-
NOLOGIES.—Subparagraph (C) of paragraph (1) 
shall not apply to a walk-in cooler or walk-in freezer 
component if the component manufacturer has dem-
onstrated to the satisfaction of the Secretary that 
the component reduces energy consumption at least 
as much as if such subparagraph were to apply. In 
support of any demonstration under this paragraph, 
a manufacturer shall provide to the Secretary all 
data and technical information necessary to fully 
evaluate its application.’’.
SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED 
WATER HEATERS. 
Section 325(e) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(e)) is amended by adding at the end 
the following: 
‘‘(5) UNIFORM
EFFICIENCY
DESCRIPTOR
FOR 
COVERED WATER HEATERS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED WATER HEATER.—The 
term ‘covered water heater’ means— 
‘‘(I) a water heater; and 
‘‘(II) a storage water heater, in-
stantaneous water heater, and unfired 
hot water storage tank (as defined in 
section 340). 
‘‘(ii) FINAL
RULE.—The term ‘final 
rule’ means the final rule published under 
this paragraph. 
‘‘(B) PUBLICATION OF FINAL RULE.—Not 
later than 1 year after the date of enactment of 
this paragraph, the Secretary shall publish a 
final rule that establishes a uniform efficiency 
descriptor and accompanying test methods for 
covered water heaters.
‘‘(C) PURPOSE.—The purpose of the final 
rule shall be to replace with a uniform effi-
ciency descriptor— 
‘‘(i) the energy factor descriptor for 
water heaters established under this sub-
section; and 
‘‘(ii) the thermal efficiency and stand-
by loss descriptors for storage water heat-
ers, instantaneous water heaters, and 
unfired water storage tanks established 
under section 342(a)(5). 
‘‘(D) EFFECT OF FINAL RULE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of this title, effective 
beginning on the effective date of the final 
rule, the efficiency standard for covered 
water heaters shall be denominated accord-
ing to the efficiency descriptor established 
by the final rule. 
‘‘(ii) EFFECTIVE
DATE.—The final 
rule shall take effect 1 year after the date 
of publication of the final rule under sub-
paragraph (B). 
‘‘(E) CONVERSION FACTOR.—
‘‘(i) IN
GENERAL.—The Secretary 
shall develop a mathematical conversion 
factor for converting the measurement of 
efficiency for covered water heaters from 
the test procedures in effect on the date of 
enactment of this paragraph to the new 
energy descriptor established under the 
final rule. 
‘‘(ii) APPLICATION.—The conversion 
factor shall apply to models of covered 
water heaters affected by the final rule and 
tested prior to the effective date of the 
final rule. 
‘‘(iii) EFFECT
ON
EFFICIENCY
RE-
QUIREMENTS.—The conversion factor shall 
not affect the minimum efficiency require-
ments for covered water heaters otherwise 
established under this title. 
‘‘(iv) USE.—During the period de-
scribed in clause (v), a manufacturer may 
apply the conversion factor established by 
the Secretary to rerate existing models of 
covered water heaters that are in existence 
prior to the effective date of the rule de-
scribed in clause (v)(II) to comply with the 
new efficiency descriptor. 
‘‘(v) PERIOD.—Clause (iv) shall apply 
during the period— 
‘‘(I) beginning on the date of 
publication of the conversion factor in 
the Federal Register; and 
‘‘(II) ending on the later of 1 
year after the date of publication of 
the conversion factor, or December 
31, 2015. 
‘‘(F) EXCLUSIONS.—The final rule may 
exclude a specific category of covered water 
heaters from the uniform efficiency descriptor 
established under this paragraph if the Sec-
retary determines that the category of water 
heaters— 
‘‘(i) does not have a residential use 
and can be clearly described in the final 
rule; and 
‘‘(ii) are effectively rated using the 
thermal 
efficiency 
and 
standby 
loss 
descriptors applied (as of the date of en-
actment of this paragraph) to the category 
under section 342(a)(5).
‘‘(G) OPTIONS.—The descriptor set by the 
final rule may be— 
‘‘(i) a revised version of the energy 
factor descriptor in use as of the date of 
enactment of this paragraph; 
‘‘(ii) the thermal efficiency and stand-
by loss descriptors in use as of that date; 
‘‘(iii) a revised version of the thermal 
efficiency and standby loss descriptors; 
‘‘(iv) a hybrid of descriptors; or 
‘‘(v) a new approach. 
‘‘(H) 
APPLICATION.—The 
efficiency 
descriptor and accompanying test method estab-
lished under the final rule shall apply, to the 
maximum extent practicable, to all water heat-
ing technologies in use as of the date of enact-
ment of this paragraph and to future water 
heating technologies. 
‘‘(I) PARTICIPATION.—The Secretary shall 
invite interested stakeholders to participate in 
the rulemaking process used to establish the 
final rule. 
‘‘(J) 
TESTING
OF
ALTERNATIVE 
DESCRIPTORS.—In establishing the final rule, 
the Secretary shall contract with the National
Institute of Standards and Technology, as nec-
essary, to conduct testing and simulation of al-
ternative descriptors identified for consider-
ation. 
‘‘(K) EXISTING
COVERED
WATER
HEAT-
ERS.—A covered water heater shall be consid-
ered to comply with the final rule on and after 
the effective date of the final rule and with any 
revised labeling requirements established by the 
Federal Trade Commission to carry out the 
final rule if the covered water heater— 
‘‘(i) was manufactured prior to the ef-
fective date of the final rule; and 
‘‘(ii) complied with the efficiency 
standards and labeling requirements in ef-
fect prior to the final rule.’’. 
SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COMMERCIAL RE-
FRIGERATORS. 
Section 342(c) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(c)) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (C) as 
subparagraph (E); and
ergy consumption (in kilowatt hours per day) of not 
more than 0.6 × TDA + 1.0. 
‘‘(B) Not later than 3 years after the date of 
enactment of this paragraph, the Secretary shall— 
‘‘(i) determine whether the standard estab-
lished under subparagraph (A) should be 
amended; and 
‘‘(ii) if the Secretary determines that such 
standard should be amended, issue a final rule 
establishing an amended standard. 
‘‘(C) If the Secretary issues a final rule pursu-
ant to subparagraph (B) establishing an amended 
standard, the final rule shall provide that the 
amended standard shall apply to products manufac-
tured on or after the date that is— 
‘‘(i) 3 years after the date on which the 
final amended standard is published; or 
‘‘(ii) if the Secretary determines, by rule, 
that 3 years is inadequate, not later than 5 
years after the date on which the final rule is 
published.’’. 
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMIN-
ISTRATIVE CHANGES. 
(a) THROUGH-THE-WALL
CENTRAL
AIR
CONDI-
TIONERS, THROUGH-THE-WALL CENTRAL AIR CONDI-
TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOC-
ITY SYSTEMS.—Section 325(d) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(d)) is amended by add-
ing at the end the following: 
‘‘(4) STANDARDS
FOR
THROUGH-THE-WALL 
CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL 
CENTRAL
AIR
CONDITIONING
HEAT
PUMPS, AND 
SMALL DUCT, HIGH VELOCITY SYSTEMS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) SMALL
DUCT, HIGH
VELOCITY 
SYSTEM.—The term ‘small duct, high ve-
locity system’ means a heating and cooling 
product that contains a blower and indoor 
coil combination that— 
‘‘(I) is designed for, and pro-
duces, at least 1.2 inches of external 
static pressure when operated at the 
certified air volume rate of 220–350 
CFM per rated ton of cooling; and 
‘‘(II) when applied in the field, 
uses high velocity room outlets gen-
erally greater than 1,000 fpm that 
have less than 6.0 square inches of 
free area.
‘‘(ii) THROUGH-THE-WALL
CENTRAL 
AIR
CONDITIONER; 
THROUGH-THE-WALL 
CENTRAL
AIR
CONDITIONING
HEAT 
PUMP.—The terms ‘through-the-wall cen-
tral air conditioner’ and ‘through-the-wall 
central air conditioning heat pump’ mean a 
central air conditioner or heat pump, re-
spectively, that is designed to be installed 
totally or partially within a fixed-size open-
ing in an exterior wall, and— 
‘‘(I) is not weatherized; 
‘‘(II) is clearly and permanently 
marked for installation only through 
an exterior wall; 
‘‘(III) has a rated cooling capac-
ity no greater than 30,000 Btu/hr; 
‘‘(IV) exchanges all of its outdoor 
air across a single surface of the 
equipment cabinet; and 
‘‘(V) has a combined outdoor air 
exchange area of less than 800 square 
inches (split systems) or less than 
1,210 square inches (single packaged 
systems) as measured on the surface 
area described in subclause (IV).
‘‘(iii) REVISION.—The Secretary may 
revise the definitions contained in this sub-
paragraph through publication of a final 
rule. 
‘‘(B) SMALL-DUCT
HIGH-VELOCITY
SYS-
TEMS.— 
‘‘(i) SEASONAL
ENERGY
EFFICIENCY 
RATIO.—The seasonal energy efficiency 
ratio for small-duct high-velocity systems 
shall be not less than— 
‘‘(I) 11.00 for products manufac-
tured on or after January 23, 2006; 
and 
‘‘(II) 12.00 for products manu-
factured on or after January 1, 2015. 
‘‘(ii) HEATING
SEASONAL
PERFORM-
ANCE FACTOR.—The heating seasonal per-
formance factor for small-duct high-veloc-
ity systems shall be not less than— 
‘‘(I) 6.8 for products manufac-
tured on or after January 23, 2006; 
and 
‘‘(II) 7.2 for products manufac-
tured on or after January 1, 2015.
‘‘(C) SUBSEQUENT
RULEMAKINGS.—The 
Secretary shall conduct subsequent rulemakings 
for through-the-wall central air conditioners, 
through-the-wall central air conditioning heat 
pumps, and small duct, high velocity systems as 
part of any rulemaking under this section used 
to review or revise standards for other central 
air conditioners and heat pumps.’’. 
(b) DUTY TO REVIEW COMMERCIAL EQUIPMENT.— 
Section 342(a)(6) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(a)(6)) is amended— 
(1) in subparagraph (A)(i), by inserting ‘‘the 
standard levels or design requirements applicable 
under that standard to’’ immediately before ‘‘any 
small commercial’’; and 
(2) in subparagraph (C)— 
(A) in clause (i)— 
(i) by striking ‘‘Not later than 6 years 
after issuance of any final rule establishing 
or amending a standard, as required for a 
product under this part,’’ and inserting 
‘‘Every 6 years,’’; and 
(ii) by inserting after ‘‘the Secretary 
shall’’ the following: ‘‘conduct an evalua-
likely to result from the imposition of 
the standard; 
‘‘(V) the impact of any lessening 
of competition, as determined in writ-
ing by the Attorney General, that is 
likely to result from the imposition of 
the standard; 
‘‘(VI) the need for national en-
ergy conservation; and 
‘‘(VII) other factors the Sec-
retary considers relevant. 
‘‘(iii) ADMINISTRATION.— 
‘‘(I) ENERGY
USE
AND
EFFI-
CIENCY.—The Secretary may not pre-
scribe any amended standard under 
this paragraph that increases the 
maximum allowable energy use, or de-
creases the minimum required energy 
efficiency, of a covered product. 
‘‘(II) UNAVAILABILITY.— 
‘‘(aa) IN
GENERAL.—The 
Secretary may not prescribe an 
amended standard under this 
subparagraph if the Secretary 
finds (and publishes the finding)