SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CON-
SERVATION STANDARDS. 
(a) PETITION FOR AMENDED STANDARD.—Section 
325(n) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(n)) is amended— 
(1) in paragraph (1), by inserting ‘‘or revoked’’ 
after ‘‘should be amended’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) The Secretary shall grant a petition to de-
termine if energy conservation standards for a cov-
ered product should be amended or revoked if the 
Secretary finds that such petition contains evidence, 
assuming no other evidence were considered, that 
such standards— 
‘‘(A) result in additional costs to con-
sumers; 
‘‘(B) do not result in significant conserva-
tion of energy or water; 
‘‘(C) are not technologically feasible; and 
‘‘(D) result in such covered product not 
being commercially available in the United 
States to all consumers.’’; and 
(3) in paragraph (4)— 
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(A) by striking ‘‘NEW
OR
AMENDED 
STANDARDS.’’ and inserting ‘‘NEW, AMENDED, 
OR REVOKED STANDARDS.’’; 
(B) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
(C) by striking ‘‘Not later than 3 years’’ 
and inserting ‘‘(A) Not later than 3 years’’; and 
(D) by adding at the end the following: 
‘‘(B) Not later than 180 days after the date of 
granting a petition to revoke standards, the Sec-
retary shall publish in the Federal Register— 
‘‘(i) a final rule revoking the standards; or 
‘‘(ii) a determination that it is not nec-
essary to revoke the standards. 
‘‘(C) The grant of a petition by the Secretary 
under this subsection creates no presumption with 
respect to the Secretary’s determination of any of 
the criteria in a rulemaking under this section.’’. 
(b) CRITERIA.—Paragraphs (2) and (3) of section 
325(o) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(o)) are amended to read as follows: 
‘‘(2) REQUIREMENTS.— 
‘‘(A) DESIGN.—Any new or amended en-
ergy conservation standard prescribed by the 
Secretary under this section for any type (or 
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class) of covered product shall be designed to 
achieve the maximum improvement in energy 
efficiency, or, in the case of showerheads, fau-
cets, water closets, or urinals, water efficiency, 
which the Secretary determines is techno-
logically feasible and economically justified. 
‘‘(B) TEST PROCEDURES.—The Secretary 
may not prescribe a new or amended energy 
conservation standard under this section for a 
type (or class) of covered product if a test pro-
cedure has not been prescribed pursuant to sec-
tion 323 with respect to that type (or class) of 
product. 
‘‘(C) SIGNIFICANT
CONSERVATION.—The 
Secretary may not prescribe a new or amended 
energy conservation standard under this section 
for a type (or class) of covered product if the 
Secretary determines that the establishment 
and imposition of such energy conservation 
standard will not result in significant conserva-
tion of— 
‘‘(i) energy; or 
‘‘(ii) in the case of showerheads, fau-
cets, water closets, or urinals, water. 
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‘‘(D) TECHNOLOGICALLY
FEASIBLE
AND 
ECONOMICALLY JUSTIFIED.— 
‘‘(i) IN
GENERAL.—The Secretary 
may not prescribe a new or amended en-
ergy conservation standard under this sec-
tion for a type (or class) of covered prod-
uct unless the Secretary determines that 
the establishment and imposition of such 
energy conservation standard is techno-
logically feasible and economically justified. 
‘‘(ii) EFFECT.—For purposes of sec-
tion 327, a determination under clause (i) 
with respect to any type (or class) of cov-
ered products shall have the same effect as 
would a standard prescribed for such type 
(or class). 
‘‘(3) FACTORS FOR DETERMINATION.— 
‘‘(A) ECONOMIC ANALYSIS.—Prior to pre-
scribing any new or amended energy conserva-
tion standard under this section for any type 
(or class) of covered product, the Secretary 
shall conduct a quantitative economic impact 
analysis of imposition of the energy conserva-
tion standard that determines the predicted— 
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‘‘(i) effects of imposition of the energy 
conservation standard on costs to con-
sumers of the products subject to such en-
ergy conservation standard, including— 
‘‘(I) costs to low-income house-
holds; and 
‘‘(II) variations in costs to con-
sumers based on differences in re-
gions, including climatic differences; 
‘‘(ii) effects of imposition of the en-
ergy conservation standard on employment; 
and 
‘‘(iii) lifecycle costs for the covered 
product, including costs associated with 
the purchase, installation, maintenance, 
disposal, and replacement of the covered 
product. 
‘‘(B) PROHIBITION ON ADDITIONAL COSTS 
TO THE CONSUMER.—The Secretary may not 
determine that imposition of an energy con-
servation standard is economically justified un-
less the Secretary, based on an economic anal-
ysis under subparagraph (A) determines that— 
‘‘(i) imposition of such energy con-
servation standard is not likely to result in 
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additional net costs to the consumer, in-
cluding any increase in net costs associated 
with the purchase, installation, mainte-
nance, disposal, and replacement of the 
covered product; and 
‘‘(ii) any additional cost to the con-
sumer of purchasing and installing a cov-
ered product complying with such energy 
conservation standard will be less than 3 
times the value of the energy, and as appli-
cable, water, savings during the first year 
that the consumer will receive as a result 
of the standard, as calculated under the 
applicable test procedure. 
‘‘(C) REQUIRED ENERGY OR WATER SAV-
INGS.—The Secretary may not determine that 
imposition of an energy conservation standard 
is economically justified unless the Secretary 
determines that compliance with such energy 
conservation standard will result in— 
‘‘(i) a reduction of at least 0.3 quads 
of site energy over 30 years; or 
‘‘(ii) at least a 10 percent reduction in 
energy or water use of the covered product. 
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‘‘(D) CRITERIA
RELATED
TO
PERFORM-
ANCE.—The Secretary may not determine that 
imposition of an energy conservation standard 
is economically justified unless the Secretary 
determines that imposition of such energy con-
servation standard will not result in any less-
ening of the utility or the performance of the 
applicable covered product, taking into consid-
eration the effects of such energy conservation 
standard on— 
‘‘(i) the compatibility of the covered 
product with existing systems; 
‘‘(ii) the life span of the covered prod-
uct; 
‘‘(iii) the operating conditions of the 
covered product; 
‘‘(iv) the duty cycle, charging time, 
and run time of the covered product, as 
applicable; 
‘‘(v) the maintenance requirements of 
the covered product; and 
‘‘(vi) the replacement and disposal re-
quirements for the covered product. 
‘‘(E) CRITERIA RELATED TO MARKET COM-
PETITION
AND
PRICE
DISCRIMINATION.—The 
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with incremental greenhouse gas emissions; 
and 
‘‘(iii) shall consider— 
‘‘(I) the economic impact of the 
standard on the manufacturers and 
on the consumers of the products sub-
ject to such standard; 
‘‘(II) the savings in operating 
costs throughout the estimated aver-
age life of the covered product in the 
type (or class) compared to any in-
crease 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, or as applicable, water, sav-
ings likely to result directly from the 
imposition of the standard; 
‘‘(IV) the need for national en-
ergy and water conservation; and 
‘‘(V) other factors the Secretary 
considers relevant. 
‘‘(H) REGULATORY REVIEW.— 
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‘‘(i) EVALUATION.—Not later than 2 years 
after the issuance of any final rule prescribing 
a new or amended energy conservation standard 
under this section for any type (or class) of cov-
ered product, the Secretary shall evaluate the 
rule to determine whether such energy con-
servation standard is technologically feasible 
and economically justified and whether the reg-
ulatory impact analysis for such rule remains 
accurate. 
‘‘(ii) EFFECT.—Notwithstanding any other 
provision of this part, if the Secretary deter-
mines, based on an evaluation under clause (i), 
that an energy conservation standard is not 
technologically feasible or economically justi-
fied— 
‘‘(I) the Secretary shall publish such 
determination and such energy conserva-
tion standard shall have no force or effect; 
and 
‘‘(II) the Secretary may publish a 
final rule amending the energy conserva-
tion standard for the type (or class) of cov-
ered product to be technologically feasible 
and economically justified in accordance 
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with this subsection, which amendment 
shall apply to such a product that is manu-
factured after the date that is 2 years 
after publication of such final rule.’’. 
SEC. 3. CONFORMING AMENDMENTS. 
(a) 
AMENDMENT
OF
STANDARDS.—Section 
325(m)(1)(A) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(m)(1)(A)) is amended by striking ‘‘, 
based on the criteria established under subsection (n)(2)’’. 
(b) 
REGIONAL
STANDARDS.—Section 
325(o)(6)(D)(i)(II) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(o)(6)(D)(i)(II)) is amended by strik-
ing ‘‘this paragraph’’ and inserting ‘‘this subsection’’. 
(c) PROCEDURE FOR PRESCRIBING NEW OR AMEND-
ED STANDARDS.—Section 325(p)(2)(A) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(p)(2)(A)) 
is amended by striking ‘‘taking into account those factors 
which the Secretary must consider under subsection 
(o)(2)’’ and inserting ‘‘as determined in accordance with 
subsection (o)’’. 
(d) ENERGY CONSERVATION STANDARDS FOR HIGH- 
INTENSITY DISCHARGE LAMPS, DISTRIBUTION TRANS-
FORMERS, AND SMALL ELECTRIC MOTORS.—Section 346 
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of the Energy Policy and Conservation Act (42 U.S.C. 
6317) is amended by striking subsection (c). 
Æ 
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