I 
112TH CONGRESS 
2D SESSION 
H. R. 6582 
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 remain competitive. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2012 
Mr. ADERHOLT (for himself, Mr. CARNAHAN, Mrs. BLACKBURN, Mr. COOPER, 
Mr. ROE of Tennessee, Mr. WESTMORELAND, Mr. WHITFIELD, and Mr. 
SHIMKUS) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
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’’. 
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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.— 
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‘‘(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 
water storage tank (as defined in sec-
tion 340). 
‘‘(ii) FINAL
RULE.—The term ‘final 
rule’ means the final rule published under 
this paragraph. 
‘‘(B) PUBLICATION OF FINAL RULE.—Not 
later than 180 days 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-
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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. 
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‘‘(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.—Subclause (E) shall 
apply during the period— 
‘‘(I) beginning on the date of 
publication of the conversion factor in 
the Federal Register; and 
‘‘(II) ending on April 16, 2015. 
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‘‘(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. 
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‘‘(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— 
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‘‘(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 
(B) by inserting after subparagraph (B) 
the following: 
‘‘(C) The term ‘service over the counter, 
self-contained, medium temperature commercial 
refrigerator’ or ‘(SOC–SC–M)’ means a me-
dium temperature commercial refrigerator— 
‘‘(i) with a self-contained condensing 
unit and equipped with sliding or hinged 
doors in the back intended for use by sales 
personnel, and with glass or other trans-
parent material in the front for displaying 
merchandise; and 
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‘‘(ii) that has a height not greater 
than 66 inches and is intended to serve as 
a counter for transactions between sales 
personnel and customers. 
‘‘(D) The term ‘TDA’ means the total dis-
play area (ft2) of the refrigerated case, as de-
fined in AHRI Standard 1200.’’; 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Each SOC–SC–M manufactured on or 
after January 1, 2012, shall have a total daily en-
ergy consumption (in kilowatt hours per day) of not 
more than 0.6 × TDA + 1.0.’’. 
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 
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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-
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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.— 
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‘‘(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 
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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-
tion of each class of covered equipment 
and shall’’; and 
(B) by adding at the end the following: 
‘‘(vi) For any covered equipment as to 
which more than 6 years has elapsed since 
the issuance of the most recent final rule 
establishing or amending a standard for 
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the product as of the date of enactment of 
this clause, the first notice required under 
clause (i) shall be published by December 
31, 2013.’’. 
(c) PETITION FOR AMENDED STANDARDS.—Section 
325(n) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(n)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (5); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) NOTICE
OF
DECISION.—Not later than 
180 days after the date of receiving a petition, the 
Secretary shall publish in the Federal Register a no-
tice of, and explanation for, the decision of the Sec-
retary to grant or deny the petition. 
‘‘(4) NEW
OR
AMENDED
STANDARDS.—Not 
later than 3 years after the date of granting a peti-
tion for new or amended standards, the Secretary 
shall publish in the Federal Register— 
‘‘(A) a final rule that contains the new or 
amended standards; or 
‘‘(B) a determination that no new or 
amended standards are necessary.’’. 
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SEC. 6. TECHNICAL CORRECTIONS. 
(a) TITLE III OF ENERGY INDEPENDENCE AND SE-
CURITY ACT OF 2007—ENERGY SAVINGS THROUGH IM-
PROVED STANDARDS FOR APPLIANCES AND LIGHTING.— 
(1) Section 325(u) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(u)) (as amended 
by section 301(c) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1550)) is amend-
ed— 
(A) by redesignating paragraph (7) as 
paragraph (4); and 
(B) in paragraph (4) (as so redesignated), 
by striking ‘‘supplies is’’ and inserting ‘‘supply 
is’’. 
(2) Section 302(b) of the Energy Independence 
and Security Act of 2007 (121 Stat. 1551) is 
amended by striking ‘‘6313(a)’’ and inserting 
‘‘6314(a)’’. 
(3) Section 342(a)(6) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(a)(6)) (as amend-
ed by section 305(b)(2) of the Energy Independence 
and Security Act of 2007 (121 Stat. 1554)) is 
amended— 
(A) in subparagraph (B)— 
(i) by striking ‘‘If the Secretary’’ and 
inserting the following: 
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‘‘(i) IN GENERAL.—If the Secretary’’; 
(ii) by striking ‘‘clause (ii)(II)’’ and 
inserting ‘‘subparagraph (A)(ii)(II)’’; 
(iii) by striking ‘‘clause (i)’’ and in-
serting ‘‘subparagraph (A)(i)’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(ii) 
FACTORS.—In 
determining 
whether a standard is economically justi-
fied for the purposes of subparagraph 
(A)(ii)(II), the Secretary shall, after receiv-
ing views and comments furnished with re-
spect to the proposed standard, determine 
whether the benefits of the standard ex-
ceed the burden of the proposed standard 
by, to the maximum extent practicable, 
considering— 
‘‘(I) the economic impact of the 
standard on the manufacturers and 
on the consumers of the products sub-
ject to the standard; 
‘‘(II) the savings in operating 
costs throughout the estimated aver-
age life of the product in the type (or 
class) compared to any increase in the 
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price of, or in the initial charges for, 
or maintenance expenses of, the prod-
ucts that are likely to result from the 
imposition of the standard; 
‘‘(III) the total projected quan-
tity of energy savings likely to result 
directly from the imposition of the 
standard; 
‘‘(IV) any lessening of the utility 
or the performance of the products 
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 
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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) 
that interested persons have es-
tablished by a preponderance of 
the evidence that a standard is 
likely to result in the unavail-
ability in the United States in 
any product type (or class) of 
performance characteristics (in-
cluding reliability, features, sizes, 
capacities, and volumes) that are 
substantially the same as those 
generally available in the United 
States at the time of the finding 
of the Secretary. 
‘‘(bb) OTHER
TYPES
OR 
CLASSES.—The failure of some 
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types (or classes) to meet the cri-
terion established under this sub-
clause shall not affect the deter-
mination of the Secretary on 
whether to prescribe a standard 
for the other types or classes.’’; 
and 
(B) in subparagraph (C)(iv), by striking 
‘‘An amendment prescribed under this sub-
section’’ and inserting ‘‘Notwithstanding sub-
paragraph (D), an amendment prescribed under 
this subparagraph’’. 
(4) Section 342(a)(6)(B)(iii) of the Energy Pol-
icy and Conservation Act (as added by section 
306(c) of the Energy Independence and Security Act 
of 2007 (121 Stat. 1559)) is transferred and redes-
ignated as clause (vi) of section 342(a)(6)(C) of the 
Energy Policy and Conservation Act (as amended by 
section 305(b)(2) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1554)). 
(5) Section 345 of the Energy Policy and Con-
servation Act (42 U.S.C. 6316) (as amended by sec-
tion 312(e) of the Energy Independence and Secu-
rity Act of 2007 (121 Stat. 1567)) is amended— 
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(A) 
by 
striking 
‘‘subparagraphs 
(B) 
through (G)’’ each place it appears and insert-
ing ‘‘subparagraphs (B), (C), (D), (I), (J), and 
(K)’’; 
(B) by striking ‘‘part A’’ each place it ap-
pears and inserting ‘‘part B’’; 
(C) in subsection (a)— 
(i) in paragraph (8), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (9), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(10) section 327 shall apply with respect to 
the equipment described in section 340(1)(L) begin-
ning on the date on which a final rule establishing 
an energy conservation standard is issued by the 
Secretary, except that any State or local standard 
prescribed or enacted for the equipment before the 
date on which the final rule is issued shall not be 
preempted until the energy conservation standard 
established by the Secretary for the equipment takes 
effect.’’; 
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(D) in subsection (b)(1), by striking ‘‘sec-
tion 
325(p)(5)’’ 
and 
inserting 
‘‘section 
325(p)(4)’’; and 
(E) in subsection (h)(3), by striking ‘‘sec-
tion 
342(f)(3)’’ 
and 
inserting 
‘‘section 
342(f)(4)’’. 
(6) Section 321(30)(D)(i)(III) of the Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6291(30)(D)(i)(III)) 
(as 
amended 
by 
section 
321(a)(1)(A) of the Energy Independence and Secu-
rity Act of 2007 (121 Stat. 1574)) is amended by 
inserting before the semicolon the following: ‘‘or, in 
the case of a modified spectrum lamp, not less than 
232 lumens and not more than 1,950 lumens’’. 
(7) Section 321(30)(T) of the Energy Policy 
and Conservation Act (42 U.S.C. 6291(30)(T)) (as 
amended by section 321(a)(1)(B) of the Energy 
Independence and Security Act of 2007 (121 Stat. 
1574)) is amended— 
(A) in clause (i)— 
(i) by striking the comma after 
‘‘household 
appliance’’ 
and 
inserting 
‘‘and’’; and 
(ii) by striking ‘‘and is sold at retail,’’; 
and 
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(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
(B) in clause (xii), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(xiii) other motors.’’. 
(2) Section 343(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6314(a)) is amended 
by striking ‘‘Air-Conditioning and Refrigeration In-
stitute’’ each place it appears in paragraphs (4)(A) 
and (7) and inserting ‘‘Air-Conditioning, Heating, 
and Refrigeration Institute’’. 
Æ 
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sroberts on DSK5SPTVN1PROD with