II 117th CONGRESS 2d Session S. 5258 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to provide that consumer room air cleaners are covered products to which certain energy conservation standards apply, and for other purposes.

1. Definitions Section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 ) is amended by adding at the end the following: (67) Consumer room air cleaner (A) In general The term consumer room air cleaner means a consumer product for improving air quality that— (i) is an electrically powered, self-contained, mechanically encased assembly; and (ii) contains means to remove, destroy, or deactivate particulates, volatile organic compounds, or microorganisms from the air. (B) Inclusions The term consumer room air cleaner includes— (i) conventional room air cleaners; and (ii) miscellaneous room air cleaners. (C) Exclusions The term consumer room air cleaner does not include— (i) a central air conditioner, room air conditioner, portable air conditioner, dehumidifier, or furnace (as those terms are defined in section 430.2 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)); or (ii) a duct type device. (68) Conventional room air cleaner The term conventional room air cleaner means a consumer room air cleaner that— (A) is a portable or wall-mounted (fixed) unit; (B) plugs into an electrical outlet; (C) operates with a fan for air circulation; and (D) contains a means to remove, destroy, or deactivate particulates. (69) Duct type device The term duct type device means an air cleaner that— (A) is designed and marketed exclusively for use in and at adjoining ducts, including the plenum, of heating, air conditioning, and ventilating systems; and (B) is either cord-and-plug connected or permanently connected to the electrical supply source. (70) Miscellaneous room air cleaner The term miscellaneous room air cleaner means any consumer room air cleaner that is not a conventional room air cleaner. . 2. Coverage of consumer room air cleaners Section 322(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6292(a) ) is amended— (1) by redesignating paragraph (20) as paragraph (21); and (2) by inserting after paragraph (19) the following: (20) Consumer room air cleaners. . 3. Test procedures Section 323(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6293(b) ) is amended by adding at the end the following: (19) Conventional room air cleaners (A) For compliance with the standards under section 325(ii)(1), the test procedure shall be AHAM AC–7–2022, and section 6.2 of ANSI/AHAM AC–1–2020 for Dust CADR and section 5.2 of ANSI/AHAM AC–1–2020 for Smoke CADR may be applied for the calculation of PM 2.5 . (B) For compliance with the standards under section 325(ii)(2), the test procedure shall be AHAM AC–7–2022. (C) When considering amended standards for conventional room air cleaners that replace the standards under section 325(ii)(2), the Secretary shall consider amending the test procedure to include measurement of automatic mode, if such an inclusion would improve the accuracy of energy use measurements. . 4. Labeling Section 324(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a) ) is amended— (1) in paragraph (1), by striking and (8) through (12) and inserting (8) through (12), and (20) ; and (2) in paragraph (5), by adding at the end the following: (D) The Commission shall not require compliance with labeling requirements under this section for conventional room air cleaners before December 31, 2025. . 5. Energy conservation standards Section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) is amended— (1) in subsection (m)(4)(A)(i), by inserting consumer room air cleaners, after with respect to ; (2) by redesignating subsection (ii) as subsection (jj); and (3) by inserting after subsection (hh) the following: (ii) Conventional room air cleaners (1) In general The following standards shall apply to conventional room air cleaners manufactured during the period beginning on December 31, 2023 and ending on December 30, 2025: (A) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 9 and less than 100 shall meet or exceed an IEF of 1.69 PM 2.5 CADR/Watt. (B) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 99 and less than 150 shall meet or exceed an IEF of 1.90 PM 2.5 CADR/Watt. (C) A conventional room air cleaner with a measured PM 2.5 CADR of 150 or greater shall meet or exceed an IEF of 2.01 PM 2.5 CADR/Watt. (2) Subsequent standards The following standards shall apply to conventional room air cleaners manufactured on or after December 31, 2025: (A) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 9 and less than 100 shall meet or exceed an IEF of 1.89 PM 2.5 CADR/Watt. (B) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 99 and less than 150 shall meet or exceed an IEF of 2.39 PM 2.5 CADR/Watt. (C) A conventional room air cleaner with a measured PM 2.5 CADR of 150 or greater shall meet or exceed an IEF of 2.91 PM 2.5 CADR/Watt. . 6. Preemption Subsection (jj) of section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) (as redesignated by section 5(2)) is amended— (1) in paragraph (1), by striking ; and at the end and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) beginning on December 31, 2023, to consumer room air cleaners, except that section 327(a)(1)(B) shall apply to consumer room air cleaners beginning on the date of enactment of this paragraph. . 7. Conforming amendments (a) Section 321(6)(B) of the Energy Policy and Conservation Act ( 42 U.S.C. 6291(6)(B) ) is amended by striking (20) and inserting (21) . (b) Section 324 of the Energy Policy and Conservation Act ( 42 U.S.C. 6294 ) is amended by striking (20) each place it appears (other than in subsection (a)(1) (as amended by section 4(1))) and inserting (21) . (c) Section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) is amended by striking (20) each place it appears and inserting (21) . 8. Other air cleaners Nothing in this Act affects the authority of the Secretary of Energy to regulate air cleaners (as defined in section 430.2 of title 10 of the Code of Federal Regulations (as in effect on the date of enactment of this Act)), other than consumer room air cleaners (as defined in section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 )).