§ 6295. Energy conservation standards  


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  • (a) PurposesThe purposes of this section are to—(1) provide Federal energy conservation standards applicable to covered products; and(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered product. (b) Standards for refrigerators, refrigerator-freezers, and freezers(1) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other than those described in paragraph (2)) manufactured on or after January 1, 1990:

    Energy

    Standards

    Equations

    Refrigerators and Refrigerator-Freezers with manual defrost

    16.3 AV+316

    Refrigerator-Freezers—partial automatic defrost

    21.8 AV+429

    Refrigerator-Freezers—automatic defrost with:

    Top mounted freezer without ice

    23.5 AV+471

    Side mounted freezer without ice

    27.7 AV+488

    Bottom mounted freezer without ice

    27.7 AV+488

    Top mounted freezer with through the door ice service

    26.4 AV+535

    Side mounted freezer with through the door ice

    30.9 AV+547

    Upright Freezers with:

    Manual defrost

    10.9 AV+422

    Automatic defrost

    16.0 AV+623

    Chest Freezers and all other freezers

    14.8 AV+223

    (2) The standards described in paragraph (1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated volume exceeding 30 cubic feet.(3)(A)(i) The Secretary shall publish a proposed rule, no later than July 1, 1988, to determine if the standards established by paragraph (1) should be amended. The Secretary shall publish a final rule no later than July 1, 1989, which shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1993. If such a final rule is not published before January 1, 1990, any amendment of such standards shall apply to products manufactured on or after January 1, 1995. Nothing in this subsection provides any justification or defense for a failure by the Secretary to comply with the nondiscretionary duty to publish final rules by the dates stated in this paragraph.(ii)(I) If the Secretary does not publish a final rule before January 1, 1990, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers, the regulations which established standards for such products and were promulgated by the California Energy Commission on December 14, 1984, to be effective January 1, 1992 (or any amendments to such standards that are not more stringent than the standards in the original regulations), shall apply in California to such products, effective beginning January 1, 1993, and shall not be preempted after such effective date by any energy conservation standard established in this section or prescribed, on or after January 1, 1990, under this section.(II) If the Secretary does not publish a final rule before January 1, 1992, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers, State regulations which apply to such products manufactured on or after January 1, 1995, shall apply to such products until the effective date of a rule issued under this section with respect to such products.(B) After the publication of a final rule under subparagraph (A), the Secretary shall publish a final rule no later than five years after the date of publication of the previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for the products described in paragraph (1).(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after—(i) the effective date of the previous amendment; or(ii) if the previous final rule did not amend the standards, the earliest date by which the previous amendment could have been effective;except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.(4) Refrigerators and freezers manufactured on or after january 1, 2014.—(A)In general.—Not later than December 31, 2010, the Secretary shall publish a final rule determining whether to amend the standards in effect for refrigerators, refrigerator-freezers, and freezers manufactured on or after January 1, 2014.(B)Amended standards.—The final rule shall contain any amended standards.
    (c) Standards for room air conditioners(1) The energy efficiency ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990:

    Product Class:

    Ratio

    Without Reverse Cycle and With Louvered Sides:

    Less than 6,000 Btu

    8.0

    6,000 to 7,999 Btu

    8.5

    8,000 to 13,999 Btu

    9.0

    14,000 to 19,999 Btu

    8.8

    20,000 and more Btu

    8.2

    Without Reverse Cycle and Without Louvered Sides:

    Less than 6,000 Btu

    8.0

    6,000 to 7,999 Btu

    8.5

    8,000 to 13,999 Btu

    8.5

    14,000 to 19,999 Btu

    8.5

    20,000 and more Btu

    8.2

    With Reverse Cycle and With Louvered Sides

    8.5

    With Reverse Cycle, Without Louvered Sides

    8.0

    (2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.(B) After January 1, 1992, the Secretary shall publish a final rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for room air conditioners.(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after—(i) the effective date of the previous amendment; or(ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective;except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
    (d) Standards for central air conditioners and heat pumps(1) The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less than the following:(A) Split Systems: 10.0 for products manufactured on or after January 1, 1992.(B) Single Package Systems: 9.7 for products manufactured on or after January 1, 1993.(2) The heating seasonal performance factor of central air conditioning heat pumps shall be not less than the following:(A) Split Systems: 6.8 for products manufactured on or after January 1, 1992.(B) Single Package Systems: 6.6 for products manufactured on or after January 1, 1993.(3)(A) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1999. The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established under paragraph (2) shall be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 2002.(B) The Secretary shall publish a final rule after January 1, 1994, and no later than January 1, 2001, to determine whether the standards in effect for central air conditioners and central air conditioning heat pumps should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2006.(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 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 generally 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 central 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—(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 seasonal 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 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. (e) Standards for water heaters; pool heaters; direct heating equipment(1) The energy factor of water heaters shall be not less than the following for products manufactured on or after January 1, 1990:

    (A) Gas Water Heater:

    .62−(.0019 x Rated Storage Volume in gallons)

    (B) Oil Water Heater:

    .59−(.0019 x Rated Storage Volume in gallons)

    (C) Electric Water Heater:

    .95−(.00132 x Rated Storage Volume in gallons)

    (2) The thermal efficiency of pool heaters manufactured on or after January 1, 1990, shall not be less than 78 percent.(3) The efficiencies of gas direct heating equipment manufactured on or after January 1, 1990, shall be not less than the following:

    Wall

    Fan type

    Up to 42,000 Btu/hour

    73% AFUE

    Over 42,000 Btu/hour

    74% AFUE

    Gravity type

    Up to 10,000 Btu/hour

    59% AFUE

    Over 10,000 Btu/hour up to 12,000 Btu/hour

    60% AFUE

    Over 12,000 Btu/hour up to 15,000 Btu/hour

    61% AFUE

    Over 15,000 Btu/hour up to 19,000 Btu/hour

    62% AFUE

    Over 19,000 Btu/hour up to 27,000 Btu/hour

    63% AFUE

    Over 27,000 Btu/hour up to 46,000 Btu/hour

    64% AFUE

    Over 46,000 Btu/hour

    65% AFUE

    Floor

    Up to 37,000 Btu/hour

    56% AFUE

    Over 37,000 Btu/hour

    57% AFUE

    Room

    Up to 18,000 Btu/hour

    57% AFUE

    Over 18,000 Btu/hour up to 20,000 Btu/hour

    58% AFUE

    Over 20,000 Btu/hour up to 27,000 Btu/hour

    63% AFUE

    Over 27,000 Btu/hour up to 46,000 Btu/hour

    64% AFUE

    Over 46,000 Btu/hour

    65% AFUE

    (4)(A) The Secretary shall publish final rules no later than January 1, 1992, to determine whether the standards established by paragraph (1), (2), or (3) for water heaters, pool heaters, and direct heating equipment should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1995.(B) The Secretary shall publish a final rule no later than January 1, 2000, to determine whether standards in effect for such products should be amended. Such rule shall provide that any such amendment shall apply to products manufactured on or after January 1, 2005.(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 6311 of this title).(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 December 18, 2012, 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 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 established under section 6313(a)(5) of this title.(D) Effect of final rule.—(i)In general.—Notwithstanding any other provision of this subchapter, effective beginning on the effective 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 December 18, 2012, 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 efficiency requirements for covered water heaters otherwise established under this subchapter.(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 efficiency 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 or any alternative joint recommendation; and(II) based on the rulemaking record relating to the direct final rule, the Secretary determines that such adverse public comments or alternative joint recommendation may provide a reasonable basis for withdrawing the direct final rule under subsection (o), section 6313(a)(6)(B) of this title, or any other applicable law.(ii)Action on withdrawal.—On withdrawal of a direct final rule under clause (i), the Secretary shall—(I) proceed with the notice of proposed rulemaking published simultaneously with the direct final rule as described in subparagraph (A)(i); and(II) publish in the Federal Register the reasons why the direct final rule was withdrawn.(iii)Treatment of withdrawn direct final rules.—A direct final rule that is withdrawn under clause (i) shall not be considered to be a final rule for purposes of subsection (o).(D)Effect of paragraph.—Nothing in this paragraph authorizes the Secretary to issue a direct final rule based solely on receipt of more than 1 statement containing recommended standards relating to the direct final rule.
    (q) Special rule for certain types or classes of products(1) A rule prescribing an energy conservation standard for a type (or class) of covered products shall specify a level of energy use or efficiency higher or lower than that which applies (or would apply) for such type (or class) for any group of covered products which have the same function or intended use, if the Secretary determines that covered products within such group—(A) consume a different kind of energy from that consumed by other covered products within such type (or class); or(B) have a capacity or other performance-related feature which other products within such type (or class) do not have and such feature justifies a higher or lower standard from that which applies (or will apply) to other products within such type (or class).In making a determination under this paragraph concerning whether a performance-related feature justifies the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consumer of such a feature, and such other factors as the Secretary deems appropriate.(2) Any rule prescribing a higher or lower level of energy use or efficiency under paragraph (1) shall include an explanation of the basis on which such higher or lower level was established. (r) Inclusion in standards of test procedures and other requirements

    Any new or amended energy conservation standard prescribed under this section shall include, where applicable, test procedures prescribed in accordance with section 6293 of this title and may include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard applies meets the required minimum level of energy efficiency or maximum quantity of energy use specified in such standard.

    (s) Determination of compliance with standards

    Compliance with, and performance under, the energy conservation standards (except for design standards authorized by this part) established in, or prescribed under, this section shall be determined using the test procedures and corresponding compliance criteria prescribed under section 6293 of this title.

    (t) Small manufacturer exemption(1) Subject to paragraph (2), the Secretary may, on application of any manufacturer, exempt such manufacturer from all or part of the requirements of any energy conservation standard established in or prescribed under this section for any period not longer than the 24-month period beginning on the date such rule becomes effective, if the Secretary finds that the annual gross revenues of such manufacturer from all its operations (including the manufacture and sale of covered products) does not exceed $8,000,000 for the 12-month period preceding the date of the application. In making such finding with respect to any manufacturer, the Secretary shall take into account the annual gross revenues of any other person who controls, is controlled by, or is under common control with, such manufacturer.(2) The Secretary may not exercise the authority granted under paragraph (1) with respect to any type (or class) of covered product subject to an energy conservation standard under this section unless the Secretary makes a finding, after obtaining the written views of the Attorney General, that a failure to allow an exemption under paragraph (1) would likely result in a lessening of competition. (u) Battery charger and external power supply electric energy consumption(1)(A) Not later than 18 months after August 8, 2005, the Secretary shall, after providing notice and an opportunity for comment, prescribe, by rule, definitions and test procedures for the power use of battery chargers and external power supplies.(B) In establishing the test procedures under subparagraph (A), the Secretary shall—(i) consider existing definitions and test procedures used for measuring energy consumption in standby mode and other modes; and(ii) assess the current and projected future market for battery chargers and external power supplies.(C) The assessment under subparagraph (B)(ii) shall include—(i) estimates of the significance of potential energy savings from technical improvements to battery chargers and external power supplies; and(ii) suggested product classes for energy conservation standards.(D) Not later than 18 months after August 8, 2005, the Secretary shall hold a scoping workshop to discuss and receive comments on plans for developing energy conservation standards for energy use for battery chargers and external power supplies.(E) External power supplies and battery chargers.—(i) Energy conservation standards.—(I)External power supplies.—Not later than 2 years after August 8, 2005, the Secretary shall issue a final rule that determines whether energy conservation standards shall be issued for external power supplies or classes of external power supplies.(II)Battery chargers.—Not later than July 1, 2011, the Secretary shall issue a final rule that prescribes energy conservation standards for battery chargers or classes of battery chargers or determine that no energy conservation standard is technically feasible and economically justified. (ii) For each product class, any energy conservation standards issued under clause (i) shall be set at the lowest level of energy use that—(I) meets the criteria and procedures of subsections (o), (p), (q), (r), (s), and (t) of this section; and(II) would result in significant overall annual energy savings, considering standby mode and other operating modes.(2) The Secretary and the Administrator shall collaborate and develop programs (including programs under section 6294a of this title and other voluntary industry agreements or codes of conduct) that are designed to reduce standby mode energy use.(3) Efficiency standards for class a external power supplies.—(A)In general.—Subject to subparagraphs (B) through (E), a class A external power supply manufactured on or after the later of July 1, 2008, or December 19, 2007, shall meet the following standards:

    Active Mode

    Nameplate Output

    Required Efficiency

    (decimal equivalent of a percentage)

    Less than 1 watt

    0.5 times the Nameplate Output

    From 1 watt to not more than 51 watts

    The sum of 0.09 times the Natural Logarithm of the Nameplate Output and 0.5

    Greater than 51 watts

    0.85

    No-Load Mode

    Nameplate Output

    Maximum Consumption

    Not more than 250 watts

    0.5 watts

    (B)Noncovered supplies.—A class A external power supply shall not be subject to subparagraph (A) if the class A external power supply is—(i) manufactured during the period beginning on July 1, 2008, and ending on June 30, 2015; and(ii) made available by the manufacturer as a service part or a spare part for an end-use product—(I) that constitutes the primary load; and(II) was manufactured before July 1, 2008.(C)Marking.—Any class A external power supply manufactured on or after the later of July 1, 2008 or December 19, 2007, shall be clearly and permanently marked in accordance with the External Power Supply International Efficiency Marking Protocol, as referenced in the “Energy Star Program Requirements for Single Voltage External AC–DC and AC–AC Power Supplies, version 1.1” published by the Environmental Protection Agency.(D) Amendment of standards.—(i) Final rule by july 1, 2011.—(I)In general.—Not later than July 1, 2011, the Secretary shall publish a final rule to determine whether the standards established under subparagraph (A) should be amended.(II)Administration.—The final rule shall—(aa) contain any amended standards; and(bb) apply to products manufactured on or after July 1, 2013.(ii) Final rule by july 1, 2015.—(I)In general.—Not later than July 1, 2015 the Secretary shall publish a final rule to determine whether the standards then in effect should be amended.(II)Administration.—The final rule shall—(aa) contain any amended standards; and(bb) apply to products manufactured on or after July 1, 2017.(E) Nonapplication of no-load mode energy efficiency standards to external power supplies for certain security or life safety alarms or surveillance systems.—(i)Definition of security or life safety alarm or surveillance system.—In this subparagraph:(I)In general.—The term “security or life safety alarm or surveillance system” means equipment designed and marketed to perform any of the following functions (on a continuous basis):(aa) Monitor, detect, record, or provide notification of intrusion or access to real property or physical assets or notification of threats to life safety.(bb) Deter or control access to real property or physical assets, or prevent the unauthorized removal of physical assets.(cc) Monitor, detect, record, or provide notification of fire, gas, smoke, flooding, or other physical threats to real property, physical assets, or life safety.(II)Exclusion.—The term “security or life safety alarm or surveillance system” does not include any product with a principal function other than life safety, security, or surveillance that—(aa) is designed and marketed with a built-in alarm or theft-deterrent feature; or(bb) does not operate necessarily and continuously in active mode.(ii)Nonapplication of no-load mode requirements.—The No-Load Mode energy efficiency standards established by this paragraph shall not apply to an external power supply manufactured before July 1, 2017, that—(I) is an AC-to-AC external power supply;(II) has a nameplate output of 20 watts or more;(III) is certified to the Secretary as being designed to be connected to a security or life safety alarm or surveillance system component; and(IV) on establishment within the External Power Supply International Efficiency Marking Protocol, as referenced in the “Energy Star Program Requirements for Single Voltage External Ac–Dc and Ac–Ac Power Supplies”, published by the Environmental Protection Agency, of a distinguishing mark for products described in this clause, is permanently marked with the distinguishing mark.(iii)Administration.—In carrying out this subparagraph, the Secretary shall—(I) require, with appropriate safeguard for the protection of confidential business information, the submission of unit shipment data on an annual basis; and(II) restrict the eligibility of external power supplies for the exemption provided under this subparagraph on a finding that a substantial number of the external power supplies are being marketed to or installed in applications other than security or life safety alarm or surveillance systems.
    (4)End-use products.—An energy conservation standard for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which the external power supply is connected.
    (v) Refrigerated beverage vending machines(1) Not later than 4 years after August 8, 2005, the Secretary shall prescribe, by rule, energy conservation standards for refrigerated bottle or canned beverage vending machines.(2) In establishing energy conservation standards under this subsection, the Secretary shall use the criteria and procedures prescribed under subsections (o) and (p) of this section.(3) Any energy conservation standard prescribed under this subsection shall apply to products manufactured 3 years after the date of publication of a final rule establishing the energy conservation standard. (w) Illuminated exit signs

    An illuminated exit sign manufactured on or after January 1, 2006, shall meet the version 2.0 Energy Star Program performance requirements for illuminated exit signs prescribed by the Environmental Protection Agency.

    (x) TorchieresA torchiere manufactured on or after January 1, 2006(1) shall consume not more than 190 watts of power; and(2) shall not be capable of operating with lamps that total more than 190 watts. (y) Low voltage dry-type distribution transformers

    The efficiency of a low voltage dry-type distribution transformer manufactured on or after January 1, 2007, shall be the Class I Efficiency Levels for distribution transformers specified in table 4–2 of the “Guide for Determining Energy Efficiency for Distribution Transformers” published by the National Electrical Manufacturers Association (NEMA TP–1–2002).

    (z) Traffic signal modules and pedestrian modulesAny traffic signal module or pedestrian module manufactured on or after January 1, 2006, shall—(1) meet the performance requirements used under the Energy Star program of the Environmental Protection Agency for traffic signals, as in effect on August 8, 2005; and(2) be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems. (aa) Unit heatersA unit heater manufactured on or after the date that is 3 years after August 8, 2005, shall—(1) be equipped with an intermittent ignition device; and(2) have power venting or an automatic flue damper. (bb) Medium base compact fluorescent lamps(1) A bare lamp and covered lamp (no reflector) medium base compact fluorescent lamp manufactured on or after January 1, 2006, shall meet the following requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for Compact Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-Efficiency Specification issued by the Environmental Protection Agency and Department of Energy:(A) Minimum initial efficacy.(B) Lumen maintenance at 1000 hours.(C) Lumen maintenance at 40 percent of rated life.(D) Rapid cycle stress test.(E) Lamp life.(2) The Secretary may, by rule, establish requirements for color quality (CRI), power factor, operating frequency, and maximum allowable start time based on the requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for Compact Fluorescent Lamps.(3) The Secretary may, by rule—(A) revise the requirements established under paragraph (2); or(B) establish other requirements, after considering energy savings, cost effectiveness, and consumer satisfaction. (cc) Dehumidifiers(1) Dehumidifiers manufactured on or after October 1, 2007, shall have an Energy Factor that meets or exceeds the following values:
    Product Capacity (pints/day):Minimum
    Energy
    Factor
    (Liters/kWh)
      25.00 or less1.00
      25.01 – 35.001.20
      35.01 – 54.001.30
      54.01 – 74.991.50
      75.00 or more2.25.
    (2)Dehumidifiers manufactured on or after october 1, 2012.—Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy Factor that meets or exceeds the following values:

    Product Capacity (pints/day):

    Minimum Energy Factor (liters/kWh)

    Up to 35.00

    1.35

    35.01–45.00

    1.50

    45.01–54.00

    1.60

    54.01–75.00

    1.70

    Greater than 75.00

    2.5.

    (dd) Commercial prerinse spray valves

    Commercial prerinse spray valves manufactured on or after January 1, 2006, shall have a flow rate of not more than 1.6 gallons per minute.

    (ee) Mercury vapor lamp ballasts

    Mercury vapor lamp ballasts (other than specialty application mercury vapor lamp ballasts) shall not be manufactured or imported after January 1, 2008.

    (ff) Ceiling fans and ceiling fan light kits(1)(A) All ceiling fans manufactured on or after January 1, 2007, shall have the following features:(i) Fan speed controls separate from any lighting controls.(ii) Adjustable speed controls (either more than 1 speed or variable speed).(iii) The capability of reversible fan action, except for—(I) fans sold for industrial applications;(II) fans sold for outdoor applications; and(III) cases in which safety standards would be violated by the use of the reversible mode.(B) The Secretary may define the exceptions described in clause (iv) in greater detail, but shall not substantively expand the exceptions.(2)(A) Ceiling fan light kits with medium screw base sockets manufactured on or after January 1, 2007, shall be packaged with screw-based lamps to fill all screw base sockets.(B) The screw-based lamps required under subparagraph (A) shall—(i) meet the Energy Star Program Requirements for Compact Fluorescent Lamps, version 3.0, issued by the Department of Energy; or(ii) use light sources other than compact fluorescent lamps that have lumens per watt performance at least equivalent to comparably configured compact fluorescent lamps meeting the Energy Star Program Requirements described in clause (i).(3) Ceiling fan light kits with pin-based sockets for fluorescent lamps manufactured on or after January 1, 2007 shall—(A) meet the Energy Star Program Requirements for Residential Light Fixtures version 4.0 issued by the Environmental Protection Agency; and(B) be packaged with lamps to fill all sockets.(4)(A) By January 1, 2007, the Secretary shall consider and issue requirements for any ceiling fan lighting kits other than those covered in paragraphs (2) and (3), including candelabra screw base sockets.(B) The requirements issued under subparagraph (A) shall be effective for products manufactured 2 years after the date of the final rule.(C) If the Secretary fails to issue a final rule by the date specified in subparagraph (A), any type of ceiling fan lighting kit described in subparagraph (A) that is manufactured after January 1, 2009(i) shall not be capable of operating with lamps that total more than 190 watts; and(ii) shall be packaged with lamps to fill all sockets.(5)(A) After January 1, 2010, the Secretary may consider, and issue, if the requirements of subsections (o) and (p) of this section are met, amended energy efficiency standards for ceiling fan light kits.(B) Any amended standards issued under subparagraph (A) shall apply to products manufactured not earlier than 2 years after the date of publication of the final rule establishing the amended standard.(6)(A) Notwithstanding any other provision of this chapter, the Secretary may consider, and issue, if the requirements of subsections (o) and (p) of this section are met, energy efficiency or energy use standards for electricity used by ceiling fans to circulate air in a room.(B) In issuing the standards under subparagraph (A), the Secretary shall consider—(i) exempting, or setting different standards for, certain product classes for which the primary standards are not technically feasible or economically justified; and(ii) establishing separate exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.(7)Section 6297 of this title shall apply to the products covered in paragraphs (1) through (4) beginning on August 8, 2005, except that any State or local labeling requirement for ceiling fans prescribed or enacted before August 8, 2005, shall not be preempted until the labeling requirements applicable to ceiling fans established under section 6294 of this title take effect. (gg) Standby mode energy use(1) Definitions(A) In generalUnless the Secretary determines otherwise pursuant to subparagraph (B), in this subsection:(i) Active modeThe term “active mode” means the condition in which an energy-using product—(I) is connected to a main power source;(II) has been activated; and(III) provides 1 or more main functions.(ii) Off modeThe term “off mode” means the condition in which an energy-using product—(I) is connected to a main power source; and(II) is not providing any standby or active mode function.(iii) Standby modeThe term “standby mode” means the condition in which an energy-using product—(I) is connected to a main power source; and(II) offers 1 or more of the following user-oriented or protective functions:(aa) To facilitate the activation or deactivation of other functions (including active mode) by remote switch (including remote control), internal sensor, or timer.(bb) Continuous functions, including information or status displays (including clocks) or sensor-based functions.(B) Amended definitions

    The Secretary may, by rule, amend the definitions under subparagraph (A), taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission.

    (2) Test procedures(A) In generalTest procedures for all covered products shall be amended pursuant to section 6293 of this title to include standby mode and off mode energy consumption, taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission, with such energy consumption integrated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product, unless the Secretary determines that—(i) the current test procedures for a covered product already fully account for and incorporate the standby mode and off mode energy consumption of the covered product; or(ii) such an integrated test procedure is technically infeasible for a particular covered product, in which case the Secretary shall prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible.(B) DeadlinesThe test procedure amendments required by subparagraph (A) shall be prescribed in a final rule no later than the following dates:(i)December 31, 2008, for battery chargers and external power supplies.(ii)March 31, 2009, for clothes dryers, room air conditioners, and fluorescent lamp ballasts.(iii)June 30, 2009, for residential clothes washers.(iv)September 30, 2009, for residential furnaces and boilers.(v)March 31, 2010, for residential water heaters, direct heating equipment, and pool heaters.(vi)March 31, 2011, for residential dishwashers, ranges and ovens, microwave ovens, and dehumidifiers.(C) Prior product standards

    The test procedure amendments adopted pursuant to subparagraph (B) shall not be used to determine compliance with product standards established prior to the adoption of the amended test procedures.

    (3) Incorporation into standard(A) In general

    Subject to subparagraph (B), based on the test procedures required under paragraph (2), any final rule establishing or revising a standard for a covered product, adopted after July 1, 2010, shall incorporate standby mode and off mode energy use into a single amended or new standard, pursuant to subsection (o), if feasible.

    (B) Separate standards

    If not feasible, the Secretary shall prescribe within the final rule a separate standard for standby mode and off mode energy consumption, if justified under subsection (o).

    (hh) Metal halide lamp fixtures(1) Standards(A) In generalSubject to subparagraphs (B) and (C), metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall contain—(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent;(ii) a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or(iii) a nonpulse-start electronic ballast with—(I) a minimum ballast efficiency of 92 percent for wattages greater than 250 watts; and(II) a minimum ballast efficiency of 90 percent for wattages less than or equal to 250 watts.(B) ExclusionsThe standards established under subparagraph (A) shall not apply to—(i) fixtures with regulated lag ballasts;(ii) fixtures that use electronic ballasts that operate at 480 volts; or(iii) fixtures that—(I) are rated only for 150 watt lamps;(II) are rated for use in wet locations, as specified by the National Electrical Code 2002, section 410.4(A); and(III) contain a ballast that is rated to operate at ambient air temperatures above 50°C, as specified by UL 1029–2001.(C) ApplicationThe standards established under subparagraph (A) shall apply to metal halide lamp fixtures manufactured on or after the later of—(i)January 1, 2009; or(ii) the date that is 270 days after December 19, 2007.(2) Final rule by January 1, 2012(A) In general

    Not later than January 1, 2012, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.

    (B) AdministrationThe final rule shall—(i) contain any amended standard; and(ii) apply to products manufactured on or after January 1, 2015.
    (3) Final rule by January 1, 2019(A) In general

    Not later than January 1, 2019, the Secretary shall publish a final rule to determine whether the standards then in effect should be amended.

    (B) AdministrationThe final rule shall—(i) contain any amended standards; and(ii) apply to products manufactured after January 1, 2022.
    (4) Design and performance requirements

    Notwithstanding any other provision of law, any standard established pursuant to this subsection may contain both design and performance requirements.

    (ii) Application dateSection 6297 of this title applies—(1) to products for which energy conservation standards are to be established under subsection (l), (u), or (v) of this section beginning on the date on which a final rule is issued by the Secretary, except that any State or local standard prescribed or enacted for the product before the date on which the final rule is issued shall not be preempted until the energy conservation standard established under subsection (l), (u), or (v) of this section for the product takes effect; and(2) to products for which energy conservation standards are established under subsections (w) through (hh) of this section on August 8, 2005, except that any State or local standard prescribed or enacted before August 8, 2005, shall not be preempted until the energy conservation standards established under subsections (w) through (hh) of this section take effect.
(Pub. L. 94–163, title III, § 325, Dec. 22, 1975, 89 Stat. 923; Pub. L. 94–385, title I, § 161, Aug. 14, 1976, 90 Stat. 1140; Pub. L. 95–619, title IV, § 422, Nov. 9, 1978, 92 Stat. 3259; Pub. L. 100–12, § 5, Mar. 17, 1987, 101 Stat. 107; Pub. L. 100–357, § 2(e), June 28, 1988, 102 Stat. 673; Pub. L. 102–486, title I, § 123(f), Oct. 24, 1992, 106 Stat. 2824; Pub. L. 105–388, § 5(a)(5), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 135(c), Aug. 8, 2005, 119 Stat. 628; Pub. L. 110–140, title III, §§ 301(c), 303–305(a), 306(a), 307, 308(a), 309–311(a), 316(c)(2), (d), 321(a)(3), 322(b), 324(e), Dec. 19, 2007, 121 Stat. 1550, 1552, 1553, 1556, 1559–1561, 1563, 1573, 1577, 1588, 1593; Pub. L. 111–360, § 1, Jan. 4, 2011, 124 Stat. 4051; Pub. L. 112–210, §§ 3, 5(a), (c), 10(a)(1), (8), (11), (b)(1), Dec. 18, 2012, 126 Stat. 1514, 1517, 1519, 1522, 1524, 1525.)

References In Text

References in Text

This chapter, referred to in subsecs. (f)(4)(D), (j)(3)(A)(iii), (k)(3)(A)(iii), and (ff)(6)(A), was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Subpar. (C) of section 6294(a)(2) of this title, referred to in subsec. (i)(5), was redesignated (D) and a new subpar. (C) was added by Pub. L. 110–140, title III, § 324(d), Dec. 19, 2007, 121 Stat. 1593.

Paragraph (19) of section 6292(a) of this title, referred to in subsec. (l)(1), (2), was redesignated (20) and a new par. (19) was added by Pub. L. 110–140, title III, § 324(b), Dec. 19, 2007, 121 Stat. 1593.

Subsection (i), referred to in subsec. (l)(4)(F)(ii)(I), was amended by Pub. L. 110–140, title III, § 322(b), Dec. 19, 2007, 121 Stat. 1588, by striking out par. (1) and adding a new par. (1), and as so amended, subsec. (i)(1)(A) does not relate to maximum wattage requirements. However, provisions similar to those contained in former subsec. (i)(1)(A) are now contained in subsec. (i)(1)(B). See 2007 Amendment notes below.

Amendments

Amendments

2012—Subsec. (d)(4). Pub. L. 112–210, § 5(a), added par. (4).

Subsec. (e)(5). Pub. L. 112–210, § 3, added par. (5).

Subsec. (g)(8)(C)(ii). Pub. L. 112–210, § 10(b)(1), substituted “negative 20°F” for “20°F”.

Subsec. (i)(1). Pub. L. 112–210, § 10(a)(11), made technical amendment to directory language of Pub. L. 110–140, § 322(b). See 2007 Amendment note below.

Subsec. (l)(4)(A). Pub. L. 112–210, § 10(a)(8), struck out “only” before “in accordance with this paragraph”.

Subsec. (n)(3) to (5). Pub. L. 112–210, § 5(c), added pars. (3) and (4) and redesignated former par. (3) as (5).

Subsec. (u)(4). Pub. L. 112–210, § 10(a)(1), redesignated par. (7) as (4) and substituted “supply is connected” for “supplies is connected”.

Subsec. (u)(7). Pub. L. 112–210, § 10(a)(1)(A), redesignated par. (7) as (4).

2011—Subsec. (u)(3)(A). Pub. L. 111–360, § 1(1), substituted “(E)” for “(D)”.

Subsec. (u)(3)(E). Pub. L. 111–360, § 1(2), added subpar. (E).

2007—Subsec. (b)(4). Pub. L. 110–140, § 311(a)(3), added par. (4).

Subsec. (f). Pub. L. 110–140, § 303(1), inserted “and boilers” after “furnaces” in heading.

Subsec. (f)(3), (4). Pub. L. 110–140, § 303(2), (3), added par. (3) and redesignated former par. (3) as (4).

Subsec. (f)(4)(D). Pub. L. 110–140, § 304, substituted “not later than December 31, 2013, the Secretary shall” for “the Secretary may”.

Subsec. (g)(9), (10). Pub. L. 110–140, § 311(a)(2), added pars. (9) and (10).

Subsec. (i). Pub. L. 110–140, § 321(a)(3)(A)(i), which directed amendment of subsec. (i) by inserting “, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,” after “fluorescent lamps” in “section heading”, was executed by making the insertion in subsec. (i) heading to reflect the probable intent of Congress.

Subsec. (i)(1). Pub. L. 110–140, § 322(b), as amended by Pub. L. 112–210, § 10(a)(11), added par. (1) and struck out former par. (1) which related to, in subpar. (A), lamp efficacy, new maximum wattage, and CRI standards for general service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps, in subpar. (B), color rendering index requirements of certain general service or general illumination application lamps, in subpar. (C), maximum wattage of candelabra incandescent lamps and intermediate base incandescent lamps, in subpar. (D), petition for exemption from requirements, in subpar. (E), petition to establish standards, and, in subpar. (F), definition of effective date.

Pub. L. 110–140, § 321(a)(3)(A)(ii), in subpar. (A), in introductory provisions, inserted “, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,” after “fluorescent lamps” and “, new maximum wattage,” after “lamp efficacy”, inserted tables relating to general service incandescent lamps and modified spectrum general service incandescent lamps, added subpars. (B) to (F), and struck out former subpar. (B) which read as follows: “For the purposes of the tables set forth in subparagraph (A), the term ‘effective date’ means the last day of the month set forth in the table which follows October 24, 1992.”

Subsec. (i)(5). Pub. L. 110–140, § 321(a)(3)(A)(iii), struck out “and general service incandescent lamps” after “general service fluorescent”.

Subsec. (i)(6) to (8). Pub. L. 110–140, § 321(a)(3)(A)(iv), (v), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.

Subsec. (l)(4). Pub. L. 110–140, § 321(a)(3)(B), added par. (4).

Subsec. (m). Pub. L. 110–140, § 305(a), added subsec. (m) and struck out former subsec. (m) which related to further rulemaking.

Subsec. (o)(6). Pub. L. 110–140, § 306(a), added par. (6).

Subsec. (p)(1) to (3). Pub. L. 110–140, § 307, redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “The Secretary—

“(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule may apply;

“(B) shall invite interested persons to submit, within 60 days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and

“(C) may identify proposed or amended standards that may be prescribed.”

Subsec. (p)(4). Pub. L. 110–140, § 308(a), added par. (4).

Pub. L. 110–140, § 307(2), redesignated par. (4) as (3).

Subsec. (u)(1)(E). Pub. L. 110–140, § 309(1), inserted heading.

Subsec. (u)(1)(E)(i). Pub. L. 110–140, § 309, inserted cl. heading, designated existing provisions as subcl. (I), inserted subcl. heading, substituted “2 years” for “3 years”, struck out “battery chargers and” before “external power supplies” in two places, and added subcl. (II).

Subsec. (u)(2) to (5). Pub. L. 110–140, § 310(1), redesignated pars. (5) and (6) as (2) and (3), respectively, and struck out former pars. (2) to (4) which related to revision of test procedures and energy conservation standards with respect to covered products that were major sources of standby mode energy consumption, prohibition against proposal of a standard unless applicable test procedures had been issued, and applicability of standard to products manufactured or imported beginning 3 years after the date of issuance, respectively.

Subsec. (u)(6). Pub. L. 110–140, § 310(1)(B), redesignated par. (6) as (3).

Pub. L. 110–140, § 301(c), added par. (6).

Subsec. (u)(7). Pub. L. 110–140, § 301(c), added par. (7).

Subsec. (v). Pub. L. 110–140, § 316(d)(1)(A), struck out “Ceiling fans and” before “refrigerated beverage” in heading.

Subsec. (v)(1) to (4). Pub. L. 110–140, § 316(d)(1)(B), (C), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “Not later than 1 year after August 8, 2005, the Secretary shall prescribe, by rule, test procedures and energy conservation standards for ceiling fans and ceiling fan light kits. If the Secretary sets such standards, the Secretary shall consider exempting or setting different standards for certain product classes for which the primary standards are not technically feasible or economically justified, and establishing separate or exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.”

Subsec. (cc)(2). Pub. L. 110–140, § 311(a)(1), added par. (2) and struck out former par. (2) which directed the Secretary to publish a final rule not later than Oct. 1, 2009, which would determine whether standards established under par. (1) were to be amended, and directed that such rule was to contain any amendment by the Secretary and be applicable to products manufactured on or after Oct. 1, 2012, and further directed that, if the Secretary did not publish such an amendment, dehumidifiers manufactured on or after Oct. 1, 2012, would have an Energy Factor that would meet or exceed values provided in a table of product capacities and minimum Energy Factors.

Subsec. (ee). Pub. L. 110–140, § 316(c)(2), inserted “(other than specialty application mercury vapor lamp ballasts)” before “shall”.

Subsec. (ff)(1)(A)(iii), (iv). Pub. L. 110–140, § 316(d)(2)(A), redesignated cl. (iv) as (iii), inserted “fans sold for” before “outdoor” in subcl. (II), and struck out former cl. (iii) which read as follows: “Adjustable speed controls (either more than 1 speed or variable speed).”

Subsec. (ff)(4)(C). Pub. L. 110–140, § 316(d)(2)(B)(i), substituted “date specified in subparagraph (A)” for “date specified in subparagraph (B)” in introductory provisions.

Subsec. (ff)(4)(C)(ii). Pub. L. 110–140, § 316(d)(2)(B)(ii), added cl. (ii) and struck out former cl. (ii) which read as follows: “shall include the lamps described in clause (i) in the ceiling fan lighting kits.”

Subsec. (ff)(6)(B) to (D). Pub. L. 110–140, § 316(d)(2)(C), redesignated subpars. (C) and (D) as cls. (i) and (ii), respectively, of subpar. (B).

Subsec. (ff)(7). Pub. L. 110–140, § 316(d)(2)(D), substituted “established under section 6294” for “established under section 6297”.

Subsec. (gg). Pub. L. 110–140, § 310(3), added subsec. (gg). Former subsec. (gg) redesignated (hh).

Subsec. (hh). Pub. L. 110–140, § 324(e)(2), added subsec. (hh). Former subsec. (hh) redesignated (ii).

Pub. L. 110–140, § 310(2), (4), redesignated subsec. (gg) as (hh) and substituted “(gg)” for “(ff)” in two places in par. (2).

Subsec. (ii). Pub. L. 110–140, § 324(e)(1), (3), redesignated subsec. (hh) as (ii) and substituted “(hh)” for “(gg)” in two places in par. (2).

2005—Subsec. (f)(3)(D). Pub. L. 109–58, § 135(c)(1), added subpar. (D).

Subsec. (g)(6)(B). Pub. L. 109–58, § 135(c)(2)(A), inserted “and labeled” after “designed”.

Subsec. (g)(8). Pub. L. 109–58, § 135(c)(2)(B), added par. (8).

Subsec. (o)(5). Pub. L. 109–58, § 135(c)(3), added par. (5).

Subsecs. (u) to (gg). Pub. L. 109–58, § 135(c)(4), added subsecs. (u) to (gg).

1998—Subsec. (e)(4)(A). Pub. L. 105–388, § 5(a)(5)(A), substituted “paragraph” for “paragraphs”.

Subsec. (g). Pub. L. 105–388, § 5(a)(5)(B), substituted “ballasts” for “ballasts;” in heading.

1992—Subsecs. (i) to (k). Pub. L. 102–486, § 123(f)(2), added subsecs. (i) to (k). Former subsecs. (i) to (k) redesignated (l) to (n), respectively.

Subsec. (l). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (i) as (l). Former subsec. (l) redesignated (o).

Subsec. (l)(1). Pub. L. 102–486, § 123(f)(3), substituted “paragraph (19)” for “paragraph (14)” and “subsections (o) and (p)” for “subsections (l) and (m)”.

Subsec. (l)(2). Pub. L. 102–486, § 123(f)(3)(A), substituted “(19)” for “(14)”.

Subsec. (l)(3). Pub. L. 102–486, § 123(f)(3)(B), substituted “(o) and (p)” for “(l) and (m)”.

Subsec. (m). Pub. L. 102–486, § 123(f)(1), (4), redesignated subsec. (j) as (m) and substituted “(i)” for “(h)” in introductory provisions. Former subsec. (m) redesignated (p).

Subsec. (n). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (k) as (n). Former subsec. (n) redesignated (q).

Subsec. (n)(1). Pub. L. 102–486, § 123(f)(5)(A), substituted “, and in paragraphs (13) and (14)” for “and in paragraph (13)” and “subsections (b) through (i)” for “subsections (b) through (h)”.

Subsec. (n)(2)(C). Pub. L. 102–486, § 123(f)(5)(B), substituted “subsection (o)(2)(B)(i)(II)” for “subsection (l)(2)(B)(i)(II)”.

Subsec. (n)(3)(B). Pub. L. 102–486, § 123(f)(5)(C), inserted “general service fluorescent lamps, incandescent reflector lamps,” after “fluorescent lamp ballasts,”.

Subsec. (o). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (l) as (o). Former subsec. (o) redesignated (r).

Subsec. (o)(1). Pub. L. 102–486, § 123(f)(6)(A), inserted “or, in the case of showerheads, faucets, water closets, or urinals, water use,” after “energy use,”.

Subsec. (o)(2)(A). Pub. L. 102–486, § 123(f)(6)(B), inserted “, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,” after “energy efficiency”.

Subsec. (o)(2)(B)(i)(III). Pub. L. 102–486, § 123(f)(6)(C), inserted “, or as applicable, water,” after “energy”.

Subsec. (o)(2)(B)(i)(VI). Pub. L. 102–486, § 123(f)(6)(D), inserted “and water” after “energy”.

Subsec. (o)(2)(B)(iii). Pub. L. 102–486, § 123(f)(6)(E), substituted “energy, and as applicable, water, savings” for “energy savings”.

Subsec. (o)(3)(B). Pub. L. 102–486, § 123(f)(6)(F), inserted “, in the case of showerheads, faucets, water closets, or urinals, water, or” after “energy or”.

Subsec. (p). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (m) as (p). Former subsec. (p) redesignated (s).

Subsec. (p)(3)(A). Pub. L. 102–486, § 123(f)(7), substituted “subsection (o)(2)” for “subsection (l)(2)” and “subsection (o)(4)” for “subsection (l)(4)”.

Subsecs. (q) to (t). Pub. L. 102–486, § 123(f)(1), redesignated subsecs. (n) to (q) as (q) to (t), respectively.

1988—Subsec. (e)(1)(C). Pub. L. 100–357, § 2(e)(3), inserted “Volume” after “Rated Storage”.

Subsec. (g). Pub. L. 100–357, § 2(e)(1)(A), inserted “; fluorescent lamp ballasts;” in heading.

Subsec. (g)(5) to (7). Pub. L. 100–357, § 2(e)(1)(B), added pars. (5) to (7).

Subsec. (i)(1), (2). Pub. L. 100–357, § 2(e)(2), substituted “(14)” for “(13)”.

Subsec. (j)(B). Pub. L. 100–357, § 2(e)(4)(A), inserted “fluorescent lamp ballasts,” after “clothes dryers,” and substituted “heating” for “hearing”.

Subsec. (k)(1). Pub. L. 100–357, § 2(e)(4)(B)(i), inserted “and in paragraph (13)” after “(11)”.

Subsec. (k)(3)(B). Pub. L. 100–357, § 2(e)(4)(B)(ii), inserted “fluorescent lamp ballasts,” after “clothes dryers,”.

1987—Pub. L. 100–12 amended section generally, revising and restating as subsecs. (a) to (q) provisions formerly contained in subsecs. (a) to (j).

1978—Subsec. (a). Pub. L. 95–619 substituted provisions authorizing Secretary to prescribe an energy efficiency standard for each type of covered product specified in section 6292(a)(1) to (13) of this title, authorizing such prescription for any type of covered product specified in section 6292(a)(14) of this title where certain conditions are found to exist, and requiring publication of a list of those types of covered products considered subject to prescribed standards in the Federal Register not later than two years after Nov. 9, 1978, for provisions requiring the Administrator, meaning the Administrator of the Federal Energy Administration, to direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product listed in section 6292(a)(1) to (10) of this title, requiring prescription of such a target by the Administrator not later than ninety days after Aug. 14, 1976, requiring such targets be designed to exceed by 1980 by at least twenty percent the aggregate energy efficiency of the covered products as manufactured in 1972, requiring similar energy efficiency targets be prescribed for covered products specified in section 6292(a)(11) to (13) of this title not later than one year after Aug. 14, 1976, authorizing the Administrator to modify periodically any established targets, requiring the manufacturers of any covered products to submit reports as requested by the Administrator to help in establishing and reaching such targets, authorizing the Administrator to commence proceedings in certain situations to prescribe initial or revised targets, specifying when improvements of energy efficiency are economically justified, and authorizing the Attorney General to determine any negative effects on competition so as to make certain improvements economically unjustified.

Subsec. (b). Pub. L. 95–619 substituted provisions specifying preconditions for prescription of a standard for a type or class of covered products for provisions specifying the procedure to be followed in prescribing energy efficiency standards.

Subsec. (c). Pub. L. 95–619 substituted provisions requiring energy efficiency standards for each type of covered products be designed to achieve the maximum improvement in energy efficiency which the Secretary determines feasible and justified and requiring such standards be phased in over a period not to exceed five years for provisions relating to the prescription of test procedures and the requirements necessary to meet minimum energy efficiency levels.

Subsec. (d). Pub. L. 95–619 substituted provisions relating to a determination by the Secretary of the economic justification of any particular energy efficiency standard and a determination by the Attorney General of the impact on competition of any proposed standard for provisions relating to labeling rules.

Subsecs. (e) to (j). Pub. L. 95–619 added subsecs. (e) to (j).

1976—Subsec. (a)(1)(A). Pub. L. 94–385, § 161(a), transferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted 90 days after August 14, 1976, for 180 days after December 22, 1975, for the promulgation of rules by the Administrator.

Subsec. (a)(2). Pub. L. 94–385, § 161(b), transferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted one year after August 14, 1976, for one year after December 22, 1975, for the promulgation of rules by the Administrator.

Effective Date Of Amendment

Effective Date of 2012 Amendment

Amendment by section 10(a)(1), (8), (11) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

Pub. L. 112–210, § 10(b)(2), Dec. 18, 2012, 126 Stat. 1525, provided that: “This subsection [amending this section] and the amendment made by this subsection take effect as if included in the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594).”

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Miscellaneous

Lighting Technology Research and Development Program

Pub. L. 110–140, title III, § 321(g), Dec. 19, 2007, 121 Stat. 1586, provided that:“(1)In general.—The Secretary [of Energy] may carry out a lighting technology research and development program—“(A) to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available in the United States; and“(B) to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the wattage requirements imposed as a result of the amendments made by subsection (a) [amending this section and sections 6291 and 6292 of this title].“(2)Authorization of appropriations.—There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2013.“(3)Termination of authority.—The program under this subsection shall terminate on September 30, 2015.”