American Energy Manufacturing Technical Corrections Act
PL 112-210 (H.R.6582), enacted 12/18/2012

126 STAT. 1514 
PUBLIC LAW 112–210—DEC. 18, 2012 
Public Law 112–210 
112th Congress 
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 remain competitive. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Energy Manufacturing 
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
TECHNOLOGIES.—Subpara-
graph (C) of paragraph (1) shall not apply to a walk-in cooler 
or walk-in freezer component if the component manufacturer 
has demonstrated 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 dem-
onstration 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, instantaneous 
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 
Deadline. 
American Energy 
Manufacturing 
Technical 
Corrections Act. 
42 USC 6201 
note. 
Dec. 18, 2012 
[H.R. 6582] 
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126 STAT. 1515 
PUBLIC LAW 112–210—DEC. 18, 2012 
Secretary shall publish a final rule that establishes a uni-
form 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 efficiency descriptor— 
‘‘(i) the energy factor descriptor for water heaters 
established under this subsection; and 
‘‘(ii) the thermal efficiency and standby loss 
descriptors for storage water heaters, instantaneous 
water heaters, and unfired water storage tanks estab-
lished under section 342(a)(5). 
‘‘(D) EFFECT OF FINAL RULE.— 
‘‘(i) IN
GENERAL.—Notwithstanding any other 
provision of this title, effective beginning on the effec-
tive date of the final rule, the efficiency standard for 
covered water heaters shall be denominated according 
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 subparagraph (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 enact-
ment 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 REQUIREMENTS.—The 
conversion factor shall not affect the minimum effi-
ciency requirements for covered water heaters other-
wise established under this title. 
‘‘(iv) USE.—During the period described 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 described 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 effi-
ciency descriptor established under this paragraph if the 
Secretary 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 effi-
ciency and standby loss descriptors applied (as of the 
Federal Register, 
publication. 
Applicability. 
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126 STAT. 1516 
PUBLIC LAW 112–210—DEC. 18, 2012 
date of enactment 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 standby 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 established under the final rule 
shall apply, to the maximum extent practicable, to all 
water heating technologies in use as of the date of enact-
ment of this paragraph and to future water heating tech-
nologies. 
‘‘(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 estab-
lishing the final rule, the Secretary shall contract with 
the National Institute of Standards and Technology, as 
necessary, to conduct testing and simulation of alternative 
descriptors identified for consideration. 
‘‘(K) EXISTING COVERED WATER HEATERS.—A covered 
water heater shall be considered 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 effective date 
of the final rule; and 
‘‘(ii) complied with the efficiency standards and 
labeling requirements in effect prior to the final rule.’’. 
SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
TEMPERATURE COMMERCIAL REFRIGERATORS. 
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 subpara-
graph (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 medium temperature commercial refrig-
erator— 
‘‘(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 transparent material in the front for dis-
playing merchandise; and 
‘‘(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. 
Definition. 
Compliance. 
Contracts. 
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126 STAT. 1517 
PUBLIC LAW 112–210—DEC. 18, 2012 
‘‘(D) The term ‘TDA’ means the total display area (ft2) 
of the refrigerated case, as defined 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 following: 
‘‘(4)(A) Each SOC–SC–M manufactured on or after January 
1, 2012, shall have a total daily energy 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 established 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 pursuant to 
subparagraph (B) establishing an amended standard, the final 
rule shall provide that the amended standard shall apply to 
products manufactured 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 ADMINISTRATIVE 
CHANGES. 
(a) THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGH- 
THE-WALL CENTRAL AIR CONDITIONING HEAT PUMPS, AND SMALL 
DUCT, HIGH VELOCITY SYSTEMS.—Section 325(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(d)) is amended by 
adding 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 velocity system’ means a heating 
and cooling product that contains a blower and indoor 
coil combination that— 
‘‘(I) is designed for, and produces, at least 
1.2 inches of external static pressure when oper-
ated 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 generally greater than 1,000 
fpm that have less than 6.0 square inches of free 
area. 
‘‘(ii) THROUGH-THE-WALL
CENTRAL
AIR
CONDI-
TIONER; 
THROUGH-THE-WALL
CENTRAL
AIR
CONDI-
TIONING 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, respectively, that is designed to be 
installed totally or partially within a fixed-size opening 
in an exterior wall, and— 
Applicability. 
Publication. 
Deadlines. 
Determinations. 
Regulations. 
Definition. 
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126 STAT. 1518 
PUBLIC LAW 112–210—DEC. 18, 2012 
‘‘(I) is not weatherized; 
‘‘(II) is clearly and permanently marked for 
installation only through an exterior wall; 
‘‘(III) has a rated cooling capacity 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 subparagraph through 
publication of a final rule. 
‘‘(B) SMALL-DUCT HIGH-VELOCITY SYSTEMS.— 
‘‘(i) SEASONAL ENERGY EFFICIENCY RATIO.—The sea-
sonal energy efficiency ratio for small-duct high- 
velocity systems shall be not less than— 
‘‘(I) 11.00 for products manufactured on or 
after January 23, 2006; and 
‘‘(II) 12.00 for products manufactured on or 
after January 1, 2015. 
‘‘(ii) HEATING SEASONAL PERFORMANCE FACTOR.— 
The heating seasonal performance factor for small- 
duct high-velocity systems shall be not less than— 
‘‘(I) 6.8 for products manufactured on or after 
January 23, 2006; and 
‘‘(II) 7.2 for products manufactured on or after 
January 1, 2015. 
‘‘(C) SUBSEQUENT RULEMAKINGS.—The Secretary shall 
conduct subsequent rulemakings for through-the-wall cen-
tral air conditioners, through-the-wall central air condi-
tioning 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 evaluation of each class of cov-
ered 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 the product as of the date of enactment 
Notice. 
Publication. 
Deadline. 
Evaluation. 
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126 STAT. 1519 
PUBLIC LAW 112–210—DEC. 18, 2012 
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 paragraph (5); and 
(2) by inserting after paragraph (2) the following: 
‘‘(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 notice of, and explanation for, the 
decision of the Secretary to grant or deny the petition. 
‘‘(4) NEW OR AMENDED STANDARDS.—Not later than 3 years 
after the date of granting a petition for new or amended stand-
ards, 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 stand-
ards are necessary.’’. 
SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY 
EFFICIENT TECHNOLOGIES FOR INDUSTRY. 
(a) IN GENERAL.—As part of the research and development 
activities of the Industrial Technologies Program of the Department 
of Energy, the Secretary of Energy (referred to in this section 
as the ‘‘Secretary’’) shall establish, as appropriate, collaborative 
research and development partnerships with other programs within 
the Office of Energy Efficiency and Renewable Energy (including 
the Building Technologies Program), the Office of Electricity 
Delivery and Energy Reliability, and the Office of Science that— 
(1) leverage the research and development expertise of 
those programs to promote early stage energy efficiency tech-
nology development; 
(2) support the use of innovative manufacturing processes 
and applied research for development, demonstration, and 
commercialization of new technologies and processes to improve 
efficiency (including improvements in efficient use of water), 
reduce emissions, reduce industrial waste, and improve indus-
trial cost-competitiveness; and 
(3) apply the knowledge and expertise of the Industrial 
Technologies Program to help achieve the program goals of 
the other programs. 
(b) REPORTS.—Not later than 2 years after the date of enact-
ment of this Act and biennially thereafter, the Secretary shall 
submit to Congress a report that describes actions taken to carry 
out subsection (a) and the results of those actions. 
SEC. 7. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL 
ENERGY EFFICIENCY. 
(a) DEFINITIONS.—In this section: 
(1) INDUSTRIAL ENERGY EFFICIENCY.—The term ‘‘industrial 
energy efficiency’’ means the energy efficiency derived from 
commercial technologies and measures to improve energy effi-
ciency or to generate or transmit electric power and heat, 
including electric motor efficiency improvements, demand 
response, direct or indirect combined heat and power, and 
waste heat recovery. 
(2) INDUSTRIAL
SECTOR.—The term ‘‘industrial sector’’ 
means any subsector of the manufacturing sector (as defined 
42 USC 6351. 
Deadline. 
Federal Register, 
publication. 
Regulations. 
Determination. 
Deadline. 
Federal Register, 
publication. 
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126 STAT. 1520 
PUBLIC LAW 112–210—DEC. 18, 2012 
in North American Industry Classification System codes 31– 
33 (as in effect on the date of enactment of this Act)) establish-
ments of which have, or could have, thermal host facilities 
with electricity requirements met in whole, or in part, by onsite 
electricity generation, including direct and indirect combined 
heat and power or waste recovery. 
(b) REPORT ON THE DEPLOYMENT OF INDUSTRIAL ENERGY EFFI-
CIENCY.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Energy and Commerce of the House of Represent-
atives and the Committee on Energy and Natural Resources 
of the Senate a report describing— 
(A) the results of the study conducted under paragraph 
(2); and 
(B) recommendations and guidance developed under 
paragraph (3). 
(2) STUDY.—The Secretary, in coordination with the indus-
trial sector and other stakeholders, shall conduct a study of 
the following: 
(A) The legal, regulatory, and economic barriers to 
the deployment of industrial energy efficiency in all elec-
tricity markets (including organized wholesale electricity 
markets, and regulated electricity markets), including, as 
applicable, the following: 
(i) Transmission and distribution interconnection 
requirements. 
(ii) Standby, back-up, and maintenance fees 
(including demand ratchets). 
(iii) Exit fees. 
(iv) Life of contract demand ratchets. 
(v) Net metering. 
(vi) Calculation of avoided cost rates. 
(vii) Power purchase agreements. 
(viii) Energy market structures. 
(ix) Capacity market structures. 
(x) Other barriers as may be identified by the 
Secretary, in coordination with the industrial sector 
and other stakeholders. 
(B) Examples of— 
(i) successful State and Federal policies that 
resulted in greater use of industrial energy efficiency; 
(ii) successful private initiatives that resulted in 
greater use of industrial energy efficiency; and 
(iii) cost-effective policies used by foreign countries 
to foster industrial energy efficiency. 
(C) The estimated economic benefits to the national 
economy of providing the industrial sector with Federal 
energy efficiency matching grants of $5,000,000,000 for 
5- and 10-year periods, including benefits relating to— 
(i) estimated energy and emission reductions; 
(ii) direct and indirect jobs saved or created; 
(iii) direct and indirect capital investment; 
(iv) the gross domestic product; and 
(v) trade balance impacts. 
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126 STAT. 1521 
PUBLIC LAW 112–210—DEC. 18, 2012 
(D) The estimated energy savings available from 
increased use of recycled material in energy-intensive 
manufacturing processes. 
(3) RECOMMENDATIONS AND GUIDANCE.—The Secretary, in 
coordination with the industrial sector and other stakeholders, 
shall develop policy recommendations regarding the deployment 
of industrial energy efficiency, including proposed regulatory 
guidance to States and relevant Federal agencies to address 
barriers to deployment. 
SEC. 8. BEST PRACTICES FOR ADVANCED METERING. 
Section 543(e) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(e)) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3) PLAN.—Not later than 180 days after the date on 
which guidelines are established under paragraph (2), in a 
report submitted by the agency under section 548(a), each 
agency shall submit to the Secretary a plan describing the 
manner in which the agency will implement the requirements 
of paragraph (1), including— 
‘‘(A) how the agency will designate personnel primarily 
responsible for achieving the requirements; and 
‘‘(B) a demonstration by the agency, complete with 
documentation, of any finding that advanced meters or 
advanced metering devices (as those terms are used in 
paragraph (1)), are not practicable. 
‘‘(4) BEST PRACTICES REPORT.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this paragraph, the Secretary of 
Energy, in consultation with the Secretary of Defense and 
the Administrator of General Services, shall develop, and 
issue a report on, best practices for the use of advanced 
metering of energy use in Federal facilities, buildings, and 
equipment by Federal agencies. 
‘‘(B) COMPONENTS.—The report shall include, at a min-
imum— 
‘‘(i) summaries and analysis of the reports by agen-
cies under paragraph (3); 
‘‘(ii) recommendations on standard requirements 
or guidelines for automated energy management sys-
tems, including— 
‘‘(I) potential common communications stand-
ards to allow data sharing and reporting; 
‘‘(II) means of facilitating continuous commis-
sioning of buildings and evidence-based mainte-
nance of buildings and building systems; and 
‘‘(III) standards for sufficient levels of security 
and protection against cyber threats to ensure sys-
tems cannot be controlled by unauthorized persons; 
and 
‘‘(iii) an analysis of— 
‘‘(I) the types of advanced metering and moni-
toring systems being piloted, tested, or installed 
in Federal buildings; and 
‘‘(II) existing techniques used within the pri-
vate sector or other non-Federal government 
buildings.’’. 
Deadline. 
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126 STAT. 1522 
PUBLIC LAW 112–210—DEC. 18, 2012 
SEC. 9. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION 
STANDARD. 
Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is amended— 
(1) by redesignating the second subsection (f) (as added 
by section 434(a) of Public Law 110–140 (121 Stat. 1614)) 
as subsection (g); and 
(2) in subsection (f)(7), by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN
GENERAL.—For each facility that meets the 
criteria established by the Secretary under paragraph 
(2)(B), the energy manager shall use the web-based 
tracking system under subparagraph (B)— 
‘‘(i) to certify compliance with the requirements 
for— 
‘‘(I) energy and water evaluations under para-
graph (3); 
‘‘(II) implementation of identified energy and 
water measures under paragraph (4); and 
‘‘(III) follow-up on implemented measures 
under paragraph (5); and 
‘‘(ii) to publish energy and water consumption data 
on an individual facility basis.’’. 
SEC. 10. TECHNICAL CORRECTIONS. 
(a) TITLE III OF ENERGY INDEPENDENCE AND SECURITY ACT 
OF 2007—ENERGY SAVINGS THROUGH IMPROVED 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 amended— 
(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 amended 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: 
‘‘(i) IN GENERAL.—If the Secretary’’; 
(ii) by striking ‘‘clause (ii)(II)’’ and inserting 
‘‘subparagraph (A)(ii)(II)’’; 
(iii) by striking ‘‘clause (i)’’ and inserting ‘‘subpara-
graph (A)(i)’’; and 
(iv) by adding at the end the following: 
‘‘(ii) FACTORS.—In determining whether a standard 
is economically justified for the purposes of subpara-
graph (A)(ii)(II), the Secretary shall, after receiving 
views and comments furnished with respect to the 
proposed standard, determine whether the benefits of 
Determination. 
42 USC 6314. 
Certification. 
Web posting. 
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126 STAT. 1523 
PUBLIC LAW 112–210—DEC. 18, 2012 
the standard exceed the burden of the proposed 
standard by, to the maximum extent practicable, con-
sidering— 
‘‘(I) the economic impact of the standard on 
the manufacturers and on the consumers of the 
products subject to the standard; 
‘‘(II) the savings in operating costs throughout 
the estimated average life of the product in the 
type (or class) compared to any increase in the 
price of, or in the initial charges for, or mainte-
nance expenses of, the products that are likely 
to result from the imposition of the standard; 
‘‘(III) the total projected quantity 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 writing by the Attorney General, 
that is likely to result from the imposition of the 
standard; 
‘‘(VI) the need for national energy conserva-
tion; and 
‘‘(VII) other factors the Secretary considers rel-
evant. 
‘‘(iii) ADMINISTRATION.— 
‘‘(I) ENERGY USE AND EFFICIENCY.—The Sec-
retary may not prescribe any amended standard 
under this paragraph that increases the maximum 
allowable energy use, or decreases 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 pub-
lishes the finding) that interested persons 
have established by a preponderance of the 
evidence that a standard is likely to result 
in the unavailability in the United States in 
any 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 United States at the time 
of the finding of the Secretary. 
‘‘(bb) OTHER
TYPES
OR
CLASSES.—The 
failure of some types (or classes) to meet the 
criterion established under this subclause 
shall not affect the determination of the Sec-
retary on whether to prescribe a standard for 
the other types or classes.’’; and 
(B) in subparagraph (C)(iv), by striking ‘‘An amend-
ment prescribed under this subsection’’ and inserting ‘‘Not-
withstanding subparagraph (D), an amendment prescribed 
under this subparagraph’’. 
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126 STAT. 1524 
PUBLIC LAW 112–210—DEC. 18, 2012 
(4) Section 342(a)(6)(B)(iii) of the Energy Policy and Con-
servation Act (as added by section 306(c) of the Energy 
Independence and Security Act of 2007 (121 Stat. 1559)) is 
transferred and redesignated 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 Conservation 
Act (42 U.S.C. 6316) (as amended by section 312(e) of the 
Energy Independence and Security Act of 2007 (121 Stat. 1567)) 
is amended— 
(A) by striking ‘‘subparagraphs (B) through (G)’’ each 
place it appears and inserting ‘‘subparagraphs (B), (C), 
(D), (I), (J), and (K)’’; 
(B) by striking ‘‘part A’’ each place it appears 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 following: 
‘‘(10) section 327 shall apply with respect to the equipment 
described in section 340(1)(L) beginning 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.’’; 
(D) in subsection (b)(1), by striking ‘‘section 325(p)(5)’’ 
and inserting ‘‘section 325(p)(4)’’; and 
(E) in subsection (h)(3), by striking ‘‘section 342(f)(3)’’ 
and inserting ‘‘section 342(f)(4)’’. 
(6) Section 321(30)(D)(i)(III) of the Energy Policy and Con-
servation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by 
section 321(a)(1)(A) of the Energy Independence and Security 
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 Conserva-
tion 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 appli-
ance’’ and inserting ‘‘and’’; and 
(ii) by striking ‘‘and is sold at retail,’’; and 
(B) in clause (ii), by inserting ‘‘when sold at retail,’’ 
before ‘‘is designated’’. 
(8) Section 325(l)(4)(A) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(l)(4)(A)) (as amended by section 
321(a)(3)(B) of the Energy Independence and Security Act of 
2007 (121 Stat. 1581)) is amended by striking ‘‘only’’. 
(9) Section 327(b)(1)(B) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6297(b)(1)(B)) (as amended by section 
Applicability. 
Effective date. 
42 USC 6313. 
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126 STAT. 1525 
PUBLIC LAW 112–210—DEC. 18, 2012 
321(d)(3) of the Energy Independence and Security Act of 2007 
(121 Stat. 1585)) is amended— 
(A) in clause (i), by inserting ‘‘and’’ after the semicolon 
at the end; 
(B) in clause (ii), by striking ‘‘; and’’ and inserting 
a period; and 
(C) by striking clause (iii). 
(10) Section 321(30)(C)(ii) of the Energy Policy and Con-
servation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by section 
322(a)(1)(B) of the Energy Independence and Security Act of 
2007 (121 Stat. 1587)) is amended by inserting a period after 
‘‘40 watts or higher’’. 
(11) Section 322(b) of the Energy Independence and Secu-
rity Act of 2007 (121 Stat. 1588) is amended by striking 
‘‘6995(i)’’ and inserting ‘‘6295(i)’’. 
(12) Section 325(b) of the Energy Independence and Secu-
rity Act of 2007 (121 Stat. 1596) is amended by striking 
‘‘6924(c)’’ and inserting ‘‘6294(c)’’. 
(13) This subsection and the amendments made by this 
subsection take effect as if included in the Energy Independence 
and Security Act of 2007 (Public Law 110–140; 121 Stat. 1492). 
(b) ENERGY POLICY ACT OF 2005.— 
(1) Section 325(g)(8)(C)(ii) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section 
135(c)(2)(B) of the Energy Policy Act of 2005) is amended by 
striking ‘‘20°F’’ and inserting ‘‘negative 20°F’’. 
(2) This subsection and the amendment made by this sub-
section take effect as if included in the Energy Policy Act 
of 2005 (Public Law 109–58; 119 Stat. 594). 
(c) ENERGY POLICY AND CONSERVATION ACT.— 
(1) Section 340(2)(B) of the Energy Policy and Conservation 
Act (42 U.S.C. 6311(2)(B)) is amended— 
(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-Condi-
tioning and Refrigeration Institute’’ each place it appears in 
Effective date. 
42 USC 6295 
note. 
Effective date. 
42 USC 6291 
note. 
42 USC 6294. 
42 USC 6295. 
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126 STAT. 1526 
PUBLIC LAW 112–210—DEC. 18, 2012 
LEGISLATIVE HISTORY—H.R. 6582: 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
Dec. 4, considered and passed House. 
Dec. 6, considered and passed Senate. 
paragraphs (4)(A) and (7) and inserting ‘‘Air-Conditioning, 
Heating, and Refrigeration Institute’’. 
Approved December 18, 2012. 
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