42 U.S.C. § 6295 — Energy conservation standards

Page 6716 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (H) water-efficient buildings or facilities. (b) Duties The Administrator of the Environmental Pro- tection Agency, in coordination with the Sec- retary of Energy as appropriate, shall— (1) establish— (A) a WaterSense label to be used for prod- ucts, buildings, landscapes, facilities, proc- esses, and services meeting the certification criteria established pursuant to this section; and (B) the procedure, including the methods and means, and criteria by which products, buildings, landscapes, facilities, processes, and services may be certified to display the WaterSense label; (2) enhance public awareness regarding the WaterSense label through outreach and public education; (3) preserve the integrity of the WaterSense label by— (A) establishing and maintaining feasible performance criteria so that products, build- ings, landscapes, facilities, processes, and services certified to display the WaterSense label perform as well or better than less water-efficient counterparts; (B) overseeing WaterSense certifications made by third parties, which shall be inde- pendent third-party product certification bodies accredited by an accreditation entity domiciled in the United States; (C) using testing protocols, from the ap- propriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and (D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; (4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings; (5) in revising any WaterSense criteria— (A) provide reasonable notice to interested parties and the public of any changes, in- cluding effective dates, and an explanation of the changes; (B) solicit comments from interested par- ties and the public prior to any changes; (C) as appropriate, respond to comments submitted by interested parties and the pub- lic; and (D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and (6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted be- fore January 1, 2012. (c) Transparency The Administrator of the Environmental Pro- tection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and energy savings attributable to the use of WaterSense-labeled products, buildings, land- scapes, facilities, processes, and services. (d) Distinction of authorities In setting or maintaining specifications and criteria for Energy Star pursuant to section 6294a of this title, and WaterSense under this section, the Secretary of Energy and the Admin- istrator of the Environmental Protection Agen- cy shall coordinate to prevent duplicative or conflicting requirements among the respective programs. (e) No warranty A WaterSense label shall not create any ex- press or implied warranty. (f) Methods for establishing performance criteria In establishing performance criteria for prod- ucts, buildings, landscapes, facilities, processes, or services pursuant to this section, the Admin- istrator of the Environmental Protection Agen- cy shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, proc- esses, or services, as appropriate. (g) Definition of feasible The term ‘‘feasible’’ means feasible with the use of the best technology, techniques, and other means that the Administrator of the Envi- ronmental Protection Agency finds, after exam- ination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). (Pub. L. 94–163, title III, § 324B, as added Pub. L. 115–270, title IV, § 4306(a), Oct. 23, 2018, 132 Stat. 3884.) § 6295. Energy conservation standards (a) Purposes The 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 stand- ards for each type (or class) of covered prod- uct. (b) Standards for refrigerators, refrigerator- freezers, and freezers (1) The following is the maximum energy use allowed in kilowatt hours per year for the fol- lowing products (other than those described in paragraph (2)) manufactured on or after January 1, 1990: Energy Standards Equations Refrigerators and Refrigerator-Freez- ers with manual defrost .................... 16.3 AV+316 Refrigerator-Freezers—partial auto- matic defrost ..................................... 21.8 AV+429 Refrigerator-Freezers—automatic de- frost 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 Page 6717 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 Energy Standards Equations 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-freez- ers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated vol- ume exceeding 30 cubic feet. (3)(A)(i) The Secretary shall publish a pro- posed rule, no later than July 1, 1988, to deter- mine if the standards established by paragraph (1) should be amended. The Secretary shall pub- lish a final rule no later than July 1, 1989, which shall contain such amendment, if any, and pro- vide that the amendment shall apply to prod- ucts 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 Jan- uary 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 revi- sion of the energy conservation standards for re- frigerators, 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 origi- nal regulations), shall apply in California to such products, effective beginning January 1, 1993, and shall not be preempted after such effec- tive 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 revi- sion of the energy conservation standards for re- frigerators, 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 prod- ucts described in paragraph (1). (C) Any amendment prescribed under subpara- graph (B) shall apply to products manufactured after a date which is five years after— (i) the effective date of the previous amend- ment; or (ii) if the previous final rule did not amend the standards, the earliest date by which the previous amendment could have been effec- tive; except that in no case may any amended stand- ard apply to products manufactured within three years after publication of the final rule es- tablishing such amended standard. (4) REFRIGERATORS AND FREEZERS MANUFAC- TURED 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-freez- ers, and freezers manufactured on or after Jan- uary 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 con- ditioners 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 amend- ment 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 subpara- graph (B) shall apply to products manufactured after a date which is five years after— (i) the effective date of the previous amend- ment; or (ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effec- tive; except that in no case may any amended stand- ard apply to products manufactured within three years after publication of the final rule es- tablishing such amended standard. (d) Standards for central air conditioners and heat pumps (1) The seasonal energy efficiency ratio of cen- tral air conditioners and central air condi- tioning heat pumps shall be not less than the following: (A) Split Systems: 10.0 for products manu- factured on or after January 1, 1992. Page 6718 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (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 manufac- tured 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 para- graph (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 stand- ards established under paragraph (2) shall be amended. Such rule shall contain such amend- ment, 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 ef- fect 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 CEN- TRAL AIR CONDITIONERS, THROUGH-THE-WALL CEN- TRAL 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 sys- tem’’ means a heating and cooling product that contains a blower and indoor coil com- bination 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 CONDI- TIONER; THROUGH-THE-WALL CENTRAL AIR CON- DITIONING 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 subpara- graph 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 FAC- TOR.—The heating seasonal performance fac- tor 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 Sec- retary 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; di- rect heating equipment (1) The energy factor of water heaters shall be not less than the following for products manu- factured 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 man- ufactured on or after January 1, 1990, shall not be less than 78 percent. (3) The efficiencies of gas direct heating equip- ment 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 Page 6719 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 1 So in original. Probably should be ‘‘is’’. 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 manufac- tured on or after January 1, 2005. (5) UNIFORM EFFICIENCY DESCRIPTOR FOR COV- ERED 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, instanta- neous 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 Sec- retary shall publish a final rule that estab- lishes a uniform efficiency descriptor and ac- companying 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, in- stantaneous water heaters, and unfired water storage tanks established under sec- tion 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 accord- ing to the efficiency descriptor established by the final rule. (ii) EFFECTIVE DATE.—The final rule shall take effect 1 year after the date of publica- tion of the final rule under subparagraph (B). (E) CONVERSION FACTOR.— (i) IN GENERAL.—The Secretary shall de- velop a mathematical conversion factor for converting the measurement of efficiency for covered water heaters from the test pro- cedures 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 heat- ers affected by the final rule and tested prior to the effective date of the final rule. (iii) EFFECT ON EFFICIENCY REQUIRE- MENTS.—The conversion factor shall not af- fect the minimum efficiency requirements for covered water heaters otherwise estab- lished under this subchapter. (iv) USE.—During the period described in clause (v), a manufacturer may apply the conversion factor established by the Sec- retary 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 effi- ciency 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 estab- lished under this paragraph if the Secretary determines that the category of water heat- ers— (i) does not have a residential use and can be clearly described in the final rule; and (ii) are 1 effectively rated using the ther- mal efficiency and standby loss descriptors applied (as of December 18, 2012) to the cat- egory under section 6313(a)(5) of this title. (G) OPTIONS.—The descriptor set by the final rule may be— (i) a revised version of the energy factor descriptor in use as of December 18, 2012; (ii) the thermal efficiency and standby loss descriptors in use as of that date; (iii) a revised version of the thermal effi- ciency 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 max- imum extent practicable, to all water heating technologies in use as of December 18, 2012, and to future water heating technologies. (I) PARTICIPATION.—The Secretary shall in- vite interested stakeholders to participate in the rulemaking process used to establish the final rule. (J) TESTING OF ALTERNATIVE DESCRIPTORS.— In establishing the final rule, the Secretary shall contract with the National Institute of Standards and Technology, as 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 ef- fective date of the final rule and with any re- vised labeling requirements established by the Page 6720 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 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. (6) ADDITIONAL STANDARDS FOR GRID-ENABLED WATER HEATERS.— (A) DEFINITIONS.—In this paragraph: (i) ACTIVATION LOCK.—The term ‘‘activa- tion lock’’ means a control mechanism (ei- ther a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and ca- pabilities and without which activation the product will provide not greater than 50 per- cent of the rated first hour delivery of hot water certified by the manufacturer. (ii) GRID-ENABLED WATER HEATER.—The term ‘‘grid-enabled water heater’’ means an electric resistance water heater that— (I) has a rated storage tank volume of more than 75 gallons; (II) is manufactured on or after April 16, 2015; (III) has— (aa) an energy factor of not less than 1.061 minus the product obtained by mul- tiplying— (AA) the rated storage volume of the tank, expressed in gallons; and (BB) 0.00168; or (bb) an equivalent alternative standard prescribed by the Secretary and devel- oped pursuant to paragraph (5)(E); (IV) is equipped at the point of manufac- ture with an activation lock; and (V) bears a permanent label applied by the manufacturer that— (aa) is made of material not adversely affected by water; (bb) is attached by means of non- water-soluble adhesive; and (cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: ‘‘IMPORTANT INFORMATION: This water heat- er is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless en- rolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.’’. (B) REQUIREMENT.—The manufacturer or pri- vate labeler shall provide the activation key for a grid-enabled water heater only to a util- ity or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater. (C) REPORTS.— (i) MANUFACTURERS.—The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary an- nually the quantity of grid-enabled water heaters that the manufacturer ships each year. (ii) OPERATORS.—The Secretary shall re- quire utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. (iii) CONFIDENTIALITY REQUIREMENTS.—The Secretary shall treat shipment data reported by manufacturers as confidential business information. (D) PUBLICATION OF INFORMATION.— (i) IN GENERAL.—In 2017 and 2019, the Sec- retary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. (ii) PREVENTION OF PRODUCT DIVERSION.—If the Secretary determines that sales of grid- enabled water heaters exceed by 15 percent or greater the quantity of such products ac- tivated for use in demand response and ther- mal storage programs annually, the Sec- retary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. (E) COMPLIANCE.— (i) IN GENERAL.—Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that— (I) grid-enabled water heaters do not re- quire a separate efficiency requirement; or (II) sales of grid-enabled water heaters exceed by 15 percent or greater the quan- tity of such products activated for use in demand response and thermal storage pro- grams annually and procedures to prevent product diversion for non-program pur- poses would not be adequate to prevent such product diversion. (ii) EFFECTIVE DATE.—If the Secretary ex- ercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described in sub- section (m)(4)(A)(ii). (iii) CONSIDERATION.—In carrying out this section with respect to electric water heat- ers, the Secretary shall consider the impact on thermal storage and demand response programs, including any impact on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. (iv) REQUIREMENTS.—In carrying out this paragraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary Page 6721 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 determines that the technology is available, practical, and cost-effective. (f) Standards for furnaces and boilers (1) Furnaces (other than furnaces designed solely for installation in mobile homes) manu- factured on or after January 1, 1992, shall have an annual fuel utilization efficiency of not less than 78 percent, except that— (A) boilers (other than gas steam boilers) shall have an annual fuel utilization efficiency of not less than 80 percent and gas steam boil- ers shall have an annual fuel utilization effi- ciency of not less than 75 percent; and (B) the Secretary shall prescribe a final rule not later than January 1, 1989, establishing an energy conservation standard— (i) which is for furnaces (other than fur- naces designed solely for installation in mo- bile homes) having an input of less than 45,000 Btu per hour and manufactured on or after January 1, 1992; (ii) which provides that the annual fuel utilization efficiency of such furnaces shall be a specific percent which is not less than 71 percent and not more than 78 percent; and (iii) which the Secretary determines is not likely to result in a significant shift from gas heating to electric resistance heating with respect to either residential construc- tion or furnace replacement. (2) Furnaces which are designed solely for in- stallation in mobile homes and which are manu- factured on or after September 1, 1990, shall have an annual fuel utilization efficiency of not less than 75 percent. (3) BOILERS.— (A) IN GENERAL.—Subject to subparagraphs (B) and (C), boilers manufactured on or after September 1, 2012, shall meet the following re- quirements: Boiler Type Minimum An- nual Fuel Utili- zation Effi- ciency Design Require- ments Gas Hot Water .. 82% No Constant Burning Pilot, Automatic Means for Ad- justing Water Temperature Gas Steam ......... 80% No Constant Burning Pilot Oil Hot Water .... 84% Automatic Means for Ad- justing Tempera- ture Oil Steam .......... 82% None Electric Hot Water. None Automatic Means for Ad- justing Tempera- ture Electric Steam .. None None (B) AUTOMATIC MEANS FOR ADJUSTING WATER TEMPERATURE.— (i) IN GENERAL.—The manufacturer shall equip each gas, oil, and electric hot water boiler (other than a boiler equipped with a tankless domestic water heating coil) with automatic means for adjusting the tempera- ture of the water supplied by the boiler to ensure that an incremental change in in- ferred heat load produces a corresponding in- cremental change in the temperature of water supplied. (ii) SINGLE INPUT RATE.—For a boiler that fires at 1 input rate, the requirements of this subparagraph may be satisfied by providing an automatic means that allows the burner or heating element to fire only when the means has determined that the inferred heat load cannot be met by the residual heat of the water in the system. (iii) NO INFERRED HEAT LOAD.—When there is no inferred heat load with respect to a hot water boiler, the automatic means described in clauses (i) and (ii) shall limit the tem- perature of the water in the boiler to not more than 140 degrees Fahrenheit. (iv) OPERATION.—A boiler described in clause (i) or (ii) shall be operable only when the automatic means described in clauses (i), (ii), and (iii) is installed. (C) EXCEPTION.—A boiler that is manufac- tured to operate without any need for elec- tricity or any electric connection, electric gauges, electric pumps, electric wires, or elec- tric devices shall not be required to meet the requirements of this paragraph. (4)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine whether the standards established by paragraph (2) for mobile home furnaces should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1994. (B) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established by this subsection for furnaces (including mobile home furnaces) should be amended. Such rule shall provide that any amendment shall apply to products manu- factured on or after January 1, 2002. (C) After January 1, 1997, and before January 1, 2007, the Secretary shall publish a final rule to determine whether standards in effect for such products should be amended. Such rule shall contain such amendment, if any, and provide that any amendment shall apply to products manufactured on or after January 1, 2012. (D) Notwithstanding any other provision of this chapter, if the requirements of subsection (o) are met, not later than December 31, 2013, the Secretary shall consider and prescribe energy conservation standards or energy use standards for electricity used for purposes of circulating air through duct work. (g) Standards for dishwashers; clothes washers; clothes dryers; fluorescent lamp ballasts (1) Dishwashers manufactured on or after Jan- uary 1, 1988, shall be equipped with an option to dry without heat. (2) All rinse cycles of clothes washers shall in- clude an unheated water option, but may have a heated water rinse option, for products manu- factured on or after January 1, 1988. Page 6722 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (3) Gas clothes dryers shall not be equipped with a constant burning pilot for products man- ufactured on or after January 1, 1988. (4)(A) The Secretary shall publish final rules no later than January 1, 1990, to determine if the standards established under this subsection for products described in paragraphs (1), (2), and (3) should be amended. Such rules shall provide that any amendment shall apply to products the manufacture of which is completed on or after January 1, 1993. (B) After January 1, 1990, 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 such products. (C) Any such amendment shall apply to prod- ucts manufactured after a date which is five years after— (i) the effective date of the previous amend- ment; or (ii) if the previous final rule did not amend the standard, the earliest date by which a pre- vious amendment could have been in effect; except that in no case may any amended stand- ard apply to products manufactured within three years after publication of the final rule es- tablishing such standard. (5) Except as provided in paragraph (6), each fluorescent lamp ballast— (A)(i) manufactured on or after January 1, 1990; (ii) sold by the manufacturer on or after April 1, 1990; or (iii) incorporated into a luminaire by a lumi- naire manufacturer on or after April 1, 1991; and (B) designed— (i) to operate at nominal input voltages of 120 or 277 volts; (ii) to operate with an input current fre- quency of 60 Hertz; and (iii) for use in connection with an F40T12, F96T12, or F96T12HO lamps; shall have a power factor of 0.90 or greater and shall have a ballast efficacy factor not less than the following: Application for Operation of Ballast Input Voltage Total Nominal Lamp Watts Ballast Efficacy Factor one F40T12 lamp 120 40 1.805 277 40 1.805 two F40T12 lamps ............ 120 80 1.060 277 80 1.050 two F96T12 lamps ............ 120 150 0.570 277 150 0.570 two F96T12HO lamps ............ 120 220 0.390 277 220 0.390 (6) The standards described in paragraph (5) do not apply to (A) a ballast which is designed for dimming or for use in ambient temperatures of 0° F or less, or (B) a ballast which has a power factor of less than 0.90 and is designed and la- beled for use only in residential building appli- cations. (7)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (5) should be amended, including whether such standards should be amended so that they would be appli- cable to ballasts described in paragraph (6) and other fluorescent lamp ballasts. 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 flu- orescent lamp ballasts, including whether such standards should be amended so that they would be applicable to additional fluorescent lamp bal- lasts. (C) Any amendment prescribed under subpara- graph (B) shall apply to products manufactured after a date which is five years after— (i) the effective date of the previous amend- ment; or (ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effec- tive; except that in no case may any amended stand- ard apply to products manufactured within three years after publication of the final rule es- tablishing such amended standard. (8)(A) Each fluorescent lamp ballast (other than replacement ballasts or ballasts described in subparagraph (C))— (i)(I) manufactured on or after July 1, 2009; (II) sold by the manufacturer on or after Oc- tober 1, 2009; or (III) incorporated into a luminaire by a lu- minaire manufacturer on or after July 1, 2010; and (ii) designed— (I) to operate at nominal input voltages of 120 or 277 volts; (II) to operate with an input current fre- quency of 60 Hertz; and (III) for use in connection with F34T12 lamps, F96T12/ES lamps, or F96T12HO/ES lamps; shall have a power factor of 0.90 or greater and shall have a ballast efficacy factor of not less than the following: Application for operation of Ballast input voltage Total nominal lamp watts Ballast efficacy factor One F34T12 lamp 120/277 34 2.61 Two F34T12 lamps 120/277 68 1.35 Two F96T12/ES lamps 120/277 120 0.77 Two F96T12HO/ES lamps 120/277 190 0.42. (B) The standards described in subparagraph (A) shall apply to all ballasts covered by sub- paragraph (A)(ii) that are manufactured on or after July 1, 2010, or sold by the manufacturer on or after October 1, 2010. (C) The standards described in subparagraph (A) do not apply to— (i) a ballast that is designed for dimming to 50 percent or less of the maximum output of the ballast; (ii) a ballast that is designed for use with 2 F96T12HO lamps at ambient temperatures of Page 6723 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 negative 20°F or less and for use in an outdoor sign; or (iii) a ballast that has a power factor of less than 0.90 and is designed and labeled for use only in residential applications. (9) RESIDENTIAL CLOTHES WASHERS MANUFAC- TURED ON OR AFTER JANUARY 1, 2011.— (A) IN GENERAL.—A top-loading or front- loading standard-size residential clothes wash- er manufactured on or after January 1, 2011, shall have— (i) a Modified Energy Factor of at least 1.26; and (ii) a water factor of not more than 9.5. (B) AMENDMENT OF STANDARDS.— (i) IN GENERAL.—Not later than December 31, 2011, the Secretary shall publish a final rule determining whether to amend the standards in effect for clothes washers man- ufactured on or after January 1, 2015. (ii) AMENDED STANDARDS.—The final rule shall contain any amended standards. (10) RESIDENTIAL DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2010.— (A) IN GENERAL.—A dishwasher manufac- tured on or after January 1, 2010, shall— (i) for a standard size dishwasher not ex- ceed 355 kWh/year and 6.5 gallons per cycle; and (ii) for a compact size dishwasher not ex- ceed 260 kWh/year and 4.5 gallons per cycle. (B) AMENDMENT OF STANDARDS.— (i) IN GENERAL.—Not later than January 1, 2015, the Secretary shall publish a final rule determining whether to amend the standards for dishwashers manufactured on or after January 1, 2018. (ii) AMENDED STANDARDS.—The final rule shall contain any amended standards. (h) Standards for kitchen ranges and ovens (1) Gas kitchen ranges and ovens having an electrical supply cord shall not be equipped with a constant burning pilot for products manufac- tured on or after January 1, 1990. (2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established for kitchen ranges and ovens in this subsection 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) The Secretary shall publish a final rule no later than January 1, 1997, to determine whether standards in effect for such products should be amended. Such rule shall apply to products manufactured on or after January 1, 2000. (i) General service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base in- candescent lamps, and incandescent reflec- tor lamps (1) STANDARDS.— (A) DEFINITION OF EFFECTIVE DATE.—In this paragraph (other than subparagraph (D)), the term ‘‘effective date’’ means, with respect to each type of lamp specified in a table con- tained in subparagraph (B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that follows October 24, 1992. (B) MINIMUM STANDARDS.—Each of the fol- lowing general service fluorescent lamps and incandescent reflector lamps manufactured after the effective date specified in the tables contained in this paragraph shall meet or ex- ceed the following lamp efficacy and CRI standards: FLUORESCENT LAMPS Lamp Type Nominal Lamp Wattage Minimum CRI Minimum Average Lamp Efficacy (LPW) Effective Date (Pe- riod of Months) 4-foot medium bi-pin ..................................................... >35 W 69 75.0 36 ≤35 W 45 75.0 36 2-foot U-shaped ............................................................. >35 W 69 68.0 36 ≤35 W 45 64.0 36 8-foot slimline ............................................................... 65 W 69 80.0 18 ≤65 W 45 80.0 18 8-foot high output ......................................................... >100 W 69 80.0 18 ≤100 W 45 80.0 18 INCANDESCENT REFLECTOR LAMPS Nominal Lamp Watt- age Minimum Average Lamp Efficacy (LPW) Effective Date (Pe- riod of Months) 40–50 ......................... 10.5 36 51–66 ......................... 11.0 36 67–85 ......................... 12.5 36 86–115 ........................ 14.0 36 116–155 ...................... 14.5 36 156–205 ...................... 15.0 36 (C) EXEMPTIONS.—The standards specified in subparagraph (B) shall not apply to the fol- lowing types of incandescent reflector lamps: (i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps. (ii) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps. (iii) R20 incandescent reflector lamps rated 45 watts or less. (D) EFFECTIVE DATES.— (i) ER, BR, AND BPAR LAMPS.—The stand- ards specified in subparagraph (B) shall apply with respect to ER incandescent re- flector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after Janu- ary 1, 2008. Page 6724 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 2 See References in Text note below. 3 So in original. The word ‘‘lamps’’ probably should appear after ‘‘fluorescent’’. (ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DI- AMETER.—The standards specified in sub- paragraph (B) shall apply with respect to in- candescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after the later of January 1, 2008, or the date that is 180 days after De- cember 19, 2007. (2) Notwithstanding section 6302(a)(5) of this title and section 6302(b) of this title, it shall not be unlawful for a manufacturer to sell a lamp which is in compliance with the law at the time such lamp was manufactured. (3) Not less than 36 months after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than the end of the 54-month period beginning on October 24, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amend- ment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date such final rule is published. (4) Not less than eight years after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than nine years and six months after October 24, 1992, to determine if the standards in effect for fluorescent lamps and incandescent lamps should be amended. Such rule shall contain such amendment, if any, and provide that the amend- ment shall apply to products manufactured on or after the 36-month period beginning on the date such final rule is published. (5) Not later than the end of the 24-month pe- riod beginning on the date labeling require- ments under section 6294(a)(2)(C) 2 of this title become effective, the Secretary shall initiate a rulemaking procedure to determine if the stand- ards in effect for fluorescent lamps and incan- descent lamps should be amended so that they would be applicable to additional general service fluorescent 3 and shall publish, not later than 18 months after initiating such rulemaking, a final rule including such amended standards, if any. Such rule shall provide that the amendment shall apply to products manufactured after a date which is 36 months after the date such rule is published. (6) STANDARDS FOR GENERAL SERVICE LAMPS.— (A) RULEMAKING BEFORE JANUARY 1, 2014.— (i) IN GENERAL.—Not later than January 1, 2014, the Secretary shall initiate a rule- making procedure to determine whether— (I) standards in effect for general service lamps should be amended to establish more stringent standards than the stand- ards specified in paragraph (1)(A); and (II) the exemptions for certain incandes- cent lamps should be maintained or dis- continued based, in part, on exempted lamp sales collected by the Secretary from manufacturers. (ii) SCOPE.—The rulemaking— (I) shall not be limited to incandescent lamp technologies; and (II) shall include consideration of a min- imum standard of 45 lumens per watt for general service lamps. (iii) AMENDED STANDARDS.—If the Sec- retary determines that the standards in ef- fect for general service incandescent lamps should be amended, the Secretary shall pub- lish a final rule not later than January 1, 2017, with an effective date that is not ear- lier than 3 years after the date on which the final rule is published. (iv) PHASED-IN EFFECTIVE DATES.—The Sec- retary shall consider phased-in effective dates under this subparagraph after consid- ering— (I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw mate- rials; and (II) the time needed to work with retail- ers and lighting designers to revise sales and marketing strategies. (v) BACKSTOP REQUIREMENT.—If the Sec- retary fails to complete a rulemaking in ac- cordance with clauses (i) through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy standard of 45 lumens per watt, effective beginning January 1, 2020, the Secretary shall prohibit the sale of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt. (vi) STATE PREEMPTION.—Neither section 6297(b) of this title nor any other provision of law shall preclude California or Nevada from adopting, effective beginning on or after January 1, 2018— (I) a final rule adopted by the Secretary in accordance with clauses (i) through (iv); (II) if a final rule described in subclause (I) has not been adopted, the backstop re- quirement under clause (v); or (III) in the case of California, if a final rule described in subclause (I) has not been adopted, any California regulations relat- ing to these covered products adopted pur- suant to State statute in effect as of De- cember 19, 2007. (B) RULEMAKING BEFORE JANUARY 1, 2020.— (i) IN GENERAL.—Not later than January 1, 2020, the Secretary shall initiate a rule- making procedure to determine whether— (I) standards in effect for general service incandescent lamps should be amended to reflect lumen ranges with more stringent maximum wattage than the standards specified in paragraph (1)(A); and (II) the exemptions for certain incandes- cent lamps should be maintained or dis- continued based, in part, on exempted lamp sales data collected by the Secretary from manufacturers. (ii) SCOPE.—The rulemaking shall not be limited to incandescent lamp technologies. (iii) AMENDED STANDARDS.—If the Sec- retary determines that the standards in ef- fect for general service incandescent lamps Page 6725 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 should be amended, the Secretary shall pub- lish a final rule not later than January 1, 2022, with an effective date that is not ear- lier than 3 years after the date on which the final rule is published. (iv) PHASED-IN EFFECTIVE DATES.—The Sec- retary shall consider phased-in effective dates under this subparagraph after consid- ering— (I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw mate- rials; and (II) the time needed to work with retail- ers and lighting designers to revise sales and marketing strategies. (7)(A) With respect to any lamp to which standards are applicable under this subsection or any lamp specified in section 6317 of this title, the Secretary shall inform any Federal en- tity proposing actions which would adversely impact the energy consumption or energy effi- ciency of such lamp of the energy conservation consequences of such action. It shall be the re- sponsibility of such Federal entity to carefully consider the Secretary’s comments. (B) Notwithstanding subsection (n)(1), the Sec- retary shall not be prohibited from amending any standard, by rule, to permit increased en- ergy use or to decrease the minimum required energy efficiency of any lamp to which stand- ards are applicable under this subsection if such action is warranted as a result of other Federal action (including restrictions on materials or processes) which would have the effect of either increasing the energy use or decreasing the en- ergy efficiency of such product. (8) Not later than the date on which standards established pursuant to this subsection become effective, or, with respect to high-intensity dis- charge lamps covered under section 6317 of this title, the effective date of standards established pursuant to such section, each manufacturer of a product to which such standards are applicable shall file with the Secretary a laboratory report certifying compliance with the applicable stand- ard for each lamp type. Such report shall in- clude the lumen output and wattage consump- tion for each lamp type as an average of meas- urements taken over the preceding 12-month pe- riod. With respect to lamp types which are not manufactured during the 12-month period pre- ceding the date such standards become effective, such report shall be filed with the Secretary not later than the date which is 12 months after the date manufacturing is commenced and shall in- clude the lumen output and wattage consump- tion for each such lamp type as an average of measurements taken during such 12-month pe- riod. (j) Standards for showerheads and faucets (1) The maximum water use allowed for any showerhead manufactured after January 1, 1994, is 2.5 gallons per minute when measured at a flowing water pressure of 80 pounds per square inch. Any such showerhead shall also meet the requirements of ASME/ANSI A112.18.1M–1989, 7.4.3(a). (2) The maximum water use allowed for any of the following faucets manufactured after Janu- ary 1, 1994, when measured at a flowing water pressure of 80 pounds per square inch, is as fol- lows: Lavatory faucets ...................... 2.5 gallons per minute Lavatory replacement aerators 2.5 gallons per minute Kitchen faucets ........................ 2.5 gallons per minute Kitchen replacement aerators 2.5 gallons per minute Metering faucets ...................... 0.25 gallons per cycle (3)(A) If the maximum flow rate requirements or the design requirements of ASME/ANSI Standard A112.18.1M–1989 are amended to im- prove the efficiency of water use of any type or class of showerhead or faucet and are approved by ANSI, the Secretary shall, not later than 12 months after the date of such amendment, pub- lish a final rule establishing an amended uni- form national standard for that product at the level specified in the amended ASME/ANSI Standard A112.18.1M and providing that such standard shall apply to products manufactured after a date which is 12 months after the publi- cation of such rule, unless the Secretary deter- mines, by rule published in the Federal Register, that adoption of a uniform national standard at the level specified in such amended ASME/ANSI Standard A112.18.1M— (i) is not technologically feasible and eco- nomically justified under subsection (o); (ii) is not consistent with the maintenance of public health and safety; or (iii) is not consistent with the purposes of this chapter. (B)(i) As part of the rulemaking conducted under subparagraph (A), the Secretary shall also determine if adoption of a uniform national standard for any type or class of showerhead or faucet more stringent than such amended ASME/ANSI Standard A112.18.1M— (I) would result in additional conservation of energy or water; (II) would be technologically feasible and economically justified under subsection (o); and (III) would be consistent with the mainte- nance of public health and safety. (ii) If the Secretary makes an affirmative de- termination under clause (i), the final rule pub- lished under subparagraph (A) shall waive the provisions of section 6297(c) of this title with re- spect to any State regulation concerning the water use or water efficiency of such type or class of showerhead or faucet if such State regu- lation— (I) is more stringent than amended ASME/ ANSI Standard A112.18.1M for such type or class of showerhead or faucet and the standard in effect for such product on the day before the date on which a final rule is published under subparagraph (A); and (II) is applicable to any sale or installation of all products in such type or class of showerhead or faucet. (C) If, after any period of five consecutive years, the maximum flow rate requirements of the ASME/ANSI standard for showerheads are not amended to improve the efficiency of water use of such products, or after any such period such requirements for faucets are not amended Page 6726 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 to improve the efficiency of water use of such products, the Secretary shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of section 6297(c) of this title with respect to any State regulation concerning the water use or water efficiency of such type or class of showerhead or faucet if such State regulation— (i) is more stringent than the standards in effect for such type of class of showerhead or faucet; and (ii) is applicable to any sale or installation of all products in such type or class of showerhead or faucet. (k) Standards for water closets and urinals (1)(A) Except as provided in subparagraph (B), the maximum water use allowed in gallons per flush for any of the following water closets man- ufactured after January 1, 1994, is the following: Gravity tank-type toilets ........................ 1.6 gpf. Flushometer tank toilets ........................ 1.6 gpf. Electromechanical hydraulic toilets ....... 1.6 gpf. Blowout toilets ........................................ 3.5 gpf. (B) The maximum water use allowed for any gravity tank-type white 2-piece toilet which bears an adhesive label conspicuous upon instal- lation consisting of the words ‘‘Commercial Use Only’’ manufactured after January 1, 1994, and before January 1, 1997, is 3.5 gallons per flush. (C) The maximum water use allowed for flushometer valve toilets, other than blowout toilets, manufactured after January 1, 1997, is 1.6 gallons per flush. (2) The maximum water use allowed for any urinal manufactured after January 1, 1994, is 1.0 gallon per flush. (3)(A) If the maximum flush volume require- ments of ASME Standard A112.19.6–1990 are amended to improve the efficiency of water use of any low consumption water closet or low con- sumption urinal and are approved by ANSI, the Secretary shall, not later than 12 months after the date of such amendment, publish a final rule establishing an amended uniform national standard for that product at the level specified in amended ASME/ANSI Standard A112.19.6 and providing that such standard shall apply to products manufactured after a date which is one year after the publication of such rule, unless the Secretary determines, by rule published in the Federal Register, that adoption of a uniform national standard at the level specified in such amended ASME/ANSI Standard A112.19.6— (i) is not technologically feasible and eco- nomically justified under subsection (o); (ii) is not consistent with the maintenance of public health and safety; or (iii) is not consistent with the purposes of this chapter. (B)(i) As part of the rulemaking conducted under subparagraph (A), the Secretary shall also determine if adoption of a uniform national standard for any type or class of low consump- tion water closet or low consumption urinal more stringent than such amended ASME/ANSI Standard A112.19.6 for such product— (I) would result in additional conservation of energy or water; (II) would be technologically feasible and economically justified under subsection (o); and (III) would be consistent with the mainte- nance of public health and safety. (ii) If the Secretary makes an affirmative de- termination under clause (i), the final rule pub- lished under subparagraph (A) shall waive the provisions of section 6297(c) of this title with re- spect to any State regulation concerning the water use or water efficiency of such type or class of low consumption water closet or low consumption urinal if such State regulation— (I) is more stringent than amended ASME/ ANSI Standard A112.19.6 for such type or class of low consumption water closet or low con- sumption urinal and the standard in effect for such product on the day before the date on which a final rule is published under subpara- graph (A); and (II) is applicable to any sale or installation of all products in such type or class of low con- sumption water closet or low consumption uri- nal. (C) If, after any period of five consecutive years, the maximum flush volume requirements of the ASME/ANSI standard for low consump- tion water closets are not amended to improve the efficiency of water use of such products, or after any such period such requirements for low consumption urinals are not amended to im- prove the efficiency of water use of such prod- ucts, the Secretary shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of section 6297(c) of this title with respect to any State regulation concerning the water use or water efficiency of such type or class of water closet or urinal if such State regulation— (i) is more stringent than the standards in effect for such type or class of water closet or urinal; and (ii) is applicable to any sale or installation of all products in such type or class of water closet or urinal. (l) Standards for other covered products (1) The Secretary may prescribe an energy conservation standard for any type (or class) of covered products of a type specified in para- graph (20) of section 6292(a) of this title if the re- quirements of subsections (o) and (p) are met and the Secretary determines that— (A) the average per household energy use within the United States by products of such type (or class) exceeded 150 kilowatt-hours (or its Btu equivalent) for any 12-month period ending before such determination; (B) the aggregate household energy use within the United States by products of such type (or class) exceeded 4,200,000,000 kilowatt- hours (or its Btu equivalent) for any such 12- month period; (C) substantial improvement in the energy efficiency of products of such type (or class) is technologically feasible; and (D) the application of a labeling rule under section 6294 of this title to such type (or class) is not likely to be sufficient to induce manu- facturers to produce, and consumers and other persons to purchase, covered products of such type (or class) which achieve the maximum energy efficiency which is technologically fea- sible and economically justified. Page 6727 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (2) Any new or amended standard for covered products of a type specified in paragraph (20) of section 6292(a) of this title shall not apply to products manufactured within five years after the publication of a final rule establishing such standard. (3) The Secretary may, in accordance with subsections (o) and (p), prescribe an energy con- servation standard for television sets. Any such standard may not become effective with respect to products manufactured before January 1, 1992. (4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.— (A) IN GENERAL.—The Secretary shall pre- scribe an energy efficiency standard for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601–3,300 lumen general service incandescent lamps, and shatter-resist- ant lamps in accordance with this paragraph. (B) BENCHMARKS.—Not later than 1 year after December 19, 2007, the Secretary, in con- sultation with the National Electrical Manu- facturers Association, shall— (i) collect actual data for United States unit sales for each of calendar years 1990 through 2006 for each of the 5 types of lamps described in subparagraph (A) to determine the historical growth rate of the type of lamp; and (ii) construct a model for each type of lamp based on coincident economic indica- tors that closely match the historical an- nual growth rate of the type of lamp to pro- vide a neutral comparison benchmark to model future unit sales after calendar year 2006. (C) ACTUAL SALES DATA.— (i) IN GENERAL.—Effective for each of cal- endar years 2010 through 2025, the Secretary, in consultation with the National Electrical Manufacturers Association, shall— (I) collect actual United States unit sales data for each of 5 types of lamps de- scribed in subparagraph (A); and (II) not later than 90 days after the end of each calendar year, compare the lamp sales in that year with the sales predicted by the comparison benchmark for each of the 5 types of lamps described in subpara- graph (A). (ii) CONTINUATION OF TRACKING.— (I) DETERMINATION.—Not later than Jan- uary 1, 2023, the Secretary shall determine if actual sales data should be tracked for the lamp types described in subparagraph (A) after calendar year 2025. (II) CONTINUATION.—If the Secretary finds that the market share of a lamp type described in subparagraph (A) could sig- nificantly erode the market share for gen- eral service lamps, the Secretary shall continue to track the actual sales data for the lamp type. (D) ROUGH SERVICE LAMPS.— (i) IN GENERAL.—Effective beginning with the first year that the reported annual sales rate for rough service lamps demonstrates actual unit sales of rough service lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall— (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation stand- ard for rough service lamps. (ii) BACKSTOP REQUIREMENT.—If the Sec- retary fails to complete an accelerated rule- making in accordance with clause (i)(II), ef- fective beginning 1 year after the date of the issuance of the finding under clause (i)(I), the Secretary shall require rough service lamps to— (I) have a shatter-proof coating or equiv- alent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective contain- ment over the life of the lamp; (II) have a maximum 40-watt limitation; and (III) be sold at retail only in a package containing 1 lamp. (E) VIBRATION SERVICE LAMPS.— (i) IN GENERAL.—Effective beginning with the first year that the reported annual sales rate for vibration service lamps dem- onstrates actual unit sales of vibration serv- ice lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall— (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation stand- ard for vibration service lamps. (ii) BACKSTOP REQUIREMENT.—If the Sec- retary fails to complete an accelerated rule- making in accordance with clause (i)(II), ef- fective beginning 1 year after the date of the issuance of the finding under clause (i)(I), the Secretary shall require vibration service lamps to— (I) have a maximum 40-watt limitation; and (II) be sold at retail only in a package containing 1 lamp. (F) 3-WAY INCANDESCENT LAMPS.— (i) IN GENERAL.—Effective beginning with the first year that the reported annual sales rate for 3-way incandescent lamps dem- onstrates actual unit sales of 3-way incan- descent lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall— (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation stand- ard for 3-way incandescent lamps. Page 6728 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 4 So in original. Subpar. (G) does not contain a cl. (i)(II). (ii) BACKSTOP REQUIREMENT.—If the Sec- retary fails to complete an accelerated rule- making in accordance with clause (i)(II), ef- fective beginning 1 year after the date of issuance of the finding under clause (i)(I), the Secretary shall require that— (I) each filament in a 3-way incandescent lamp meet the new maximum wattage re- quirements for the respective lumen range established under subsection (i)(1)(A) 2 ; and (II) 3-way lamps be sold at retail only in a package containing 1 lamp. (G) 2,601–3,300 LUMEN GENERAL SERVICE INCAN- DESCENT LAMPS.—Effective beginning with the first year that the reported annual sales rate demonstrates actual unit sales of 2,601–3,300 lumen general service incandescent lamps in the lumen range of 2,601 through 3,300 lumens (or, in the case of a modified spectrum, in the lumen range of 1,951 through 2,475 lumens) that achieve levels that are at least 100 per- cent higher than modeled unit sales for that same year, the Secretary shall impose— (i) a maximum 95-watt limitation on gen- eral service incandescent lamps in the lumen range of 2,601 through 3,300 lumens; and (ii) a requirement that those lamps be sold at retail only in a package containing 1 lamp. (H) SHATTER-RESISTANT LAMPS.— (i) IN GENERAL.—Effective beginning with the first year that the reported annual sales rate for shatter-resistant lamps dem- onstrates actual unit sales of shatter-resist- ant lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall— (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation stand- ard for shatter-resistant lamps. (ii) BACKSTOP REQUIREMENT.—If the Sec- retary fails to complete an accelerated rule- making in accordance with clause (i)(II), ef- fective beginning 1 year after the date of issuance of the finding under clause (i)(I), the Secretary shall impose— (I) a maximum wattage limitation of 40 watts on shatter resistant lamps; and (II) a requirement that those lamps be sold at retail only in a package containing 1 lamp. (I) RULEMAKINGS BEFORE JANUARY 1, 2025.— (i) IN GENERAL.—Except as provided in clause (ii), if the Secretary issues a final rule prior to January 1, 2025, establishing an energy conservation standard for any of the 5 types of lamps for which data collection is required under any of subparagraphs (D) through (G), the requirement to collect and model data for that type of lamp shall ter- minate unless, as part of the rulemaking, the Secretary determines that continued tracking is necessary. (ii) BACKSTOP REQUIREMENT.—If the Sec- retary imposes a backstop requirement as a result of a failure to complete an accelerated rulemaking in accordance with clause (i)(II) of any of subparagraphs (D) through (G),4 the requirement to collect and model data for the applicable type of lamp shall continue for an additional 2 years after the effective date of the backstop requirement. (m) Amendment of standards (1) In general Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish— (A) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the cri- teria established under subsection (n)(2); or (B) a notice of proposed rulemaking in- cluding new proposed standards based on the criteria established under subsection (o) and the procedures established under subsection (p). (2) Notice If the Secretary publishes a notice under paragraph (1), the Secretary shall— (A) publish a notice stating that the anal- ysis of the Department is publicly available; and (B) provide an opportunity for written comment. (3) Amendment of standard; new determina- tion (A) Amendment of standard Not later than 2 years after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard for the product. (B) New determination Not later than 3 years after a determina- tion under paragraph (1)(A), the Secretary shall make a new determination and publi- cation under subparagraph (A) or (B) of para- graph (1). (4) Application to products (A) In general Except as provided in subparagraph (B), an amendment prescribed under this subsection shall apply to— (i) with respect to refrigerators, refrig- erator-freezers, freezers, room air condi- tioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a prod- uct that is manufactured after the date that is 3 years after publication of the final rule establishing an applicable stand- ard; and (ii) with respect to central air condi- tioners, heat pumps, water heaters, pool heaters, direct heating equipment, and fur- naces, such a product that is manufactured after the date that is 5 years after publica- tion of the final rule establishing an appli- cable standard. Page 6729 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (B) Other new standards A manufacturer shall not be required to apply new standards to a product with re- spect to which other new standards have been required during the prior 6-year period. (5) Reports The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Sen- ate— (A) a progress report every 180 days on compliance with this section, including a specific plan to remedy any failures to com- ply with deadlines for action established under this section; and (B) all required reports to the Court or to any party to the Consent Decree in State of New York v Bodman, Consolidated Civil Ac- tions No. 05 Civ. 7807 and No. 05 Civ. 7808. (n) Petition for amended standard (1) With respect to each covered product de- scribed in paragraphs (1) through (11), and in paragraphs (13) and (14) of section 6292(a) of this title, any person may petition the Secretary to conduct a rulemaking to determine for a cov- ered product if the standards contained either in the last final rule required under subsections (b) through (i) of this section or in a final rule pub- lished under this section should be amended. (2) The Secretary shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, provides an adequate basis for amending the standards under the following criteria— (A) amended standards will result in signifi- cant conservation of energy; (B) amended standards are technologically feasible; and (C) amended standards are cost effective as described in subsection (o)(2)(B)(i)(II). The grant of a petition by the Secretary under this subsection creates no presumption with re- spect to the Secretary’s determination of any of the criteria in a rulemaking under this section. (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 standards, the Secretary shall publish in the Federal Register— (A) a final rule that contains the new or amended standards; or (B) a determination that no new or amended standards are necessary. (5) An amendment prescribed under this sub- section shall apply to products manufactured after a date which is 5 years after— (A) the effective date of the previous amend- ment pursuant to this part; or (B) if the previous final rule published under this part did not amend the standard, the ear- liest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to prod- ucts manufactured within 3 years (for refrig- erators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp bal- lasts, general service fluorescent lamps, incan- descent reflector lamps, and kitchen ranges and ovens) or 5 years (for central air condi- tioners and heat pumps, water heaters, pool heaters, direct heating equipment and fur- naces) after publication of the final rule estab- lishing a standard. (o) Criteria for prescribing new or amended standards (1) The Secretary may not prescribe any amended standard which increases the max- imum allowable energy use, or, in the case of showerheads, faucets, water closets, or urinals, water use, or decreases the minimum required energy efficiency, of a covered product. (2)(A) Any new or amended energy conserva- tion standard prescribed by the Secretary under this section for any type (or class) of covered product shall be designed to achieve the max- imum improvement in energy efficiency, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency, which the Secretary determines is technologically feasible and eco- nomically justified. (B)(i) In determining whether a standard is economically justified, the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, deter- mine whether the benefits of the standard ex- ceed its burdens by, to the greatest extent prac- ticable, considering— (I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard; (II) the savings in operating costs through- out the estimated average life of the covered product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the imposition of the standard; (III) the total projected amount of energy, or as applicable, water, savings likely to result directly from the imposition of the standard; (IV) any lessening of the utility or the per- formance of the covered products likely to re- sult from the imposition of the standard; (V) the impact of any lessening of competi- tion, as determined in writing by the Attorney General, that is likely to result from the im- position of the standard; (VI) the need for national energy and water conservation; and (VII) other factors the Secretary considers relevant. (ii) For purposes of clause (i)(V), the Attorney General shall make a determination of the im- pact, if any, of any lessening of competition likely to result from such standard and shall transmit such determination, not later than 60 days after the publication of a proposed rule pre- scribing or amending an energy conservation standard, in writing to the Secretary, together with an analysis of the nature and extent of such impact. Any such determination and anal- ysis shall be published by the Secretary in the Federal Register. Page 6730 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (iii) If the Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation stand- ard level will be less than three times the value of the energy, and as applicable, water, savings during the first year that the consumer will re- ceive as a result of the standard, as calculated under the applicable test procedure, there shall be a rebuttable presumption that such standard level is economically justified. A determination by the Secretary that such criterion is not met shall not be taken into consideration in the Sec- retary’s determination of whether a standard is economically justified. (3) The Secretary may not prescribe an amend- ed or new standard under this section for a type (or class) of covered product if— (A) for products other than dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens, a test procedure has not been prescribed pursuant to section 6293 of this title with respect to that type (or class) of product; or (B) the Secretary determines, by rule, that the establishment of such standard will not re- sult in significant conservation of energy or, in the case of showerheads, faucets, water closets, or urinals, water, or that the estab- lishment of such standard is not techno- logically feasible or economically justified. For purposes of section 6297 of this title, a deter- mination under subparagraph (B) with respect to any type (or class) of covered products shall have the same effect as would a standard pre- scribed for such type (or class). (4) The Secretary may not prescribe an amend- ed or new standard under this section if the Sec- retary finds (and publishes such finding) that in- terested persons have established by a prepon- derance of the evidence that the standard is likely to result in the unavailability in the United States in any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and vol- umes that are substantially the same as those generally available in the United States at the time of the Secretary’s finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary’s determination of whether to prescribe a standard for other types (or classes). (5) The Secretary may set more than 1 energy conservation standard for products that serve more than 1 major function by setting 1 energy conservation standard for each major function. (6) REGIONAL STANDARDS FOR FURNACES, CEN- TRAL AIR CONDITIONERS, AND HEAT PUMPS.— (A) IN GENERAL.—In any rulemaking to es- tablish a new or amended standard, the Sec- retary may consider the establishment of sep- arate standards by geographic region for fur- naces (except boilers), central air condi- tioners, and heat pumps. (B) NATIONAL AND REGIONAL STANDARDS.— (i) NATIONAL STANDARD.—If the Secretary establishes a regional standard for a prod- uct, the Secretary shall establish a base na- tional standard for the product. (ii) REGIONAL STANDARDS.—If the Secretary establishes a regional standard for a prod- uct, the Secretary may establish more re- strictive standards for the product by geo- graphic region as follows: (I) For furnaces, the Secretary may es- tablish 1 additional standard that is appli- cable in a geographic region defined by the Secretary. (II) For any cooling product, the Sec- retary may establish 1 or 2 additional standards that are applicable in 1 or 2 geo- graphic regions as may be defined by the Secretary. (C) BOUNDARIES OF GEOGRAPHIC REGIONS.— (i) IN GENERAL.—Subject to clause (ii), the boundaries of additional geographic regions established by the Secretary under this paragraph shall include only contiguous States. (ii) ALASKA AND HAWAII.—The States of Alaska and Hawaii may be included under this paragraph in a geographic region that the States are not contiguous to. (iii) INDIVIDUAL STATES.—Individual States shall be placed only into a single region under this paragraph. (D) PREREQUISITES.—In establishing addi- tional regional standards under this para- graph, the Secretary shall— (i) establish additional regional standards only if the Secretary determines that— (I) the establishment of additional re- gional standards will produce significant energy savings in comparison to estab- lishing only a single national standard; and (II) the additional regional standards are economically justified under this para- graph; and (ii) consider the impact of the additional regional standards on consumers, manufac- turers, and other market participants, in- cluding product distributors, dealers, con- tractors, and installers. (E) APPLICATION; EFFECTIVE DATE.— (i) BASE NATIONAL STANDARD.—Any base national standard established for a product under this paragraph shall— (I) be the minimum standard for the product; and (II) apply to all products manufactured or imported into the United States on and after the effective date for the standard. (ii) REGIONAL STANDARDS.—Any additional and more restrictive regional standard es- tablished for a product under this paragraph shall apply to any such product installed on or after the effective date of the standard in States in which the Secretary has des- ignated the standard to apply. (F) CONTINUATION OF REGIONAL STANDARDS.— (i) IN GENERAL.—In any subsequent rule- making for any product for which a regional standard has been previously established, the Secretary shall determine whether to continue the establishment of separate re- gional standards for the product. (ii) REGIONAL STANDARD NO LONGER APPRO- PRIATE.—Except as provided in clause (iii), if the Secretary determines that regional Page 6731 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 standards are no longer appropriate for a product, beginning on the effective date of the amended standard for the product— (I) there shall be 1 base national stand- ard for the product with Federal enforce- ment; and (II) State authority for enforcing a re- gional standard for the product shall ter- minate. (iii) REGIONAL STANDARD APPROPRIATE BUT STANDARD OR REGION CHANGED.— (I) STATE NO LONGER CONTAINED IN RE- GION.—Subject to subclause (III), if a State is no longer contained in a region in which a regional standard that is more stringent than the base national standard applies, the authority of the State to enforce the regional standard shall terminate. (II) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL STANDARD EQUALS BASE NATIONAL STANDARD.—If the Sec- retary revises a base national standard for a product or the geographic definition of a region so that an existing regional stand- ard for a State is equal to the revised base national standard— (aa) the authority of the State to en- force the regional standard shall termi- nate on the effective date of the revised base national standard; and (bb) the State shall be subject to the revised base national standard. (III) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL STANDARD EQUALS BASE NATIONAL STANDARD.—If the Sec- retary revises a base national standard for a product or the geographic definition of a region so that the standard for a State is lower than the previously approved re- gional standard, the State may continue to enforce the previously approved stand- ard level. (iv) WAIVER OF FEDERAL PREEMPTION.— Nothing in this paragraph diminishes the au- thority of a State to enforce a State regula- tion for which a waiver of Federal preemp- tion has been granted under section 6297(d) of this title. (G) ENFORCEMENT.— (i) BASE NATIONAL STANDARD.— (I) IN GENERAL.—The Secretary shall en- force any base national standard. (II) TRADE ASSOCIATION CERTIFICATION PROGRAMS.—In enforcing the base national standard, the Secretary shall use, to the maximum extent practicable, national standard nationally recognized certifi- cation programs of trade associations. (ii) REGIONAL STANDARDS.— (I) ENFORCEMENT PLAN.—Not later than 90 days after the date of the issuance of a final rule that establishes a regional standard, the Secretary shall initiate a rulemaking to develop and implement an effective enforcement plan for regional standards for the products that are cov- ered by the final rule. (II) RESPONSIBLE ENTITIES.—Any rules re- garding enforcement of a regional stand- ard shall clearly specify which entities are legally responsible for compliance with the standards and for making any required in- formation or labeling disclosures. (III) FINAL RULE.—Not later than 15 months after the date of the issuance of a final rule that establishes a regional standard for a product, the Secretary shall promulgate a final rule covering enforce- ment of regional standards for the product. (IV) INCORPORATION BY STATES AND LO- CALITIES.—A State or locality may incor- porate any Federal regional standard into State or local building codes or State ap- pliance standards. (V) STATE ENFORCEMENT.—A State agen- cy may seek enforcement of a Federal re- gional standard in a Federal court of com- petent jurisdiction. (H) INFORMATION DISCLOSURE.— (i) IN GENERAL.—Not later than 90 days after the date of the publication of a final rule that establishes a regional standard for a product, the Federal Trade Commission shall undertake a rulemaking to determine the appropriate 1 or more methods for dis- closing information so that consumers, dis- tributors, contractors, and installers can easily determine whether a specific piece of equipment that is installed in a specific building is in conformance with the regional standard that applies to the building. (ii) METHODS.—A method of disclosing in- formation under clause (i) may include— (I) modifications to the Energy Guide label; or (II) other methods that make it easy for consumers and installers to use and under- stand at the point of installation. (iii) COMPLETION OF RULEMAKING.—The rulemaking shall be completed not later 15 months after the date of the publication of a final rule that establishes a regional stand- ard for a product. (p) Procedure for prescribing new or amended standards Any new or amended energy conservation standard shall be prescribed in accordance with the following procedure: (1) A proposed rule which prescribes an amended or new energy conservation standard or prescribes no amendment or no new stand- ard for a type (or class) of covered products shall be published in the Federal Register. In prescribing any such proposed rule with re- spect to a standard, the Secretary shall deter- mine the maximum improvement in energy ef- ficiency or maximum reduction in energy use that is technologically feasible for each type (or class) of covered products. If such standard is not designed to achieve such efficiency or use, the Secretary shall state in the proposed rule the reasons therefor. (2) After the publication of such proposed rulemaking, the Secretary shall, in accord- ance with section 6306 of this title, afford in- terested persons an opportunity, during a pe- riod of not less than 60 days, to present oral and written comments (including an oppor- Page 6732 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 5 So in original. Probably should be ‘‘subparagraph (A)(i)’’. tunity to question those who make such pres- entations, as provided in such section) on mat- ters relating to such proposed rule, includ- ing— (A) whether the standard to be prescribed is economically justified (taking into ac- count those factors which the Secretary must consider under subsection (o)(2)) or will result in the effects described in subsection (o)(4); (B) whether the standard will achieve the maximum improvement in energy efficiency which is technologically feasible; (C) if the standard will not achieve such improvement, whether the reasons for not achieving such improvement are adequate; and (D) whether such rule should prescribe a level of energy use or efficiency which is higher or lower than that which would oth- erwise apply in the case of any group of products within the type (or class) that will be subject to such standard. (3) A final rule prescribing an amended or new energy conservation standard or pre- scribing no amended or new standard for a type (or class) of covered products shall be published as soon as is practicable, but not less than 90 days, after publication of the pro- posed rule in the Federal Register. (4) DIRECT FINAL RULES.— (A) IN GENERAL.—On receipt of a statement that is submitted jointly by interested per- sons that are fairly representative of rel- evant points of view (including representa- tives of manufacturers of covered products, States, and efficiency advocates), as deter- mined by the Secretary, and contains rec- ommendations with respect to an energy or water conservation standard— (i) if the Secretary determines that the recommended standard contained in the statement is in accordance with sub- section (o) or section 6313(a)(6)(B) of this title, as applicable, the Secretary may issue a final rule that establishes an en- ergy or water conservation standard and is published simultaneously with a notice of proposed rulemaking that proposes a new or amended energy or water conservation standard that is identical to the standard established in the final rule to establish the recommended standard (referred to in this paragraph as a ‘‘direct final rule’’); or (ii) if the Secretary determines that a di- rect final rule cannot be issued based on the statement, the Secretary shall publish a notice of the determination, together with an explanation of the reasons for the determination. (B) PUBLIC COMMENT.—The Secretary shall solicit public comment for a period of at least 110 days with respect to each direct final rule issued by the Secretary under sub- paragraph (A)(i). (C) WITHDRAWAL OF DIRECT FINAL RULES.— (i) IN GENERAL.—Not later than 120 days after the date on which a direct final rule issued under subparagraph (A)(i) is pub- lished in the Federal Register, the Sec- retary shall withdraw the direct final rule if— (I) the Secretary receives 1 or more ad- verse public comments relating to the direct final rule under subparagraph (B)(i) 5 or any alternative joint rec- ommendation; and (II) based on the rulemaking record re- lating to the direct final rule, the Sec- retary determines that such adverse pub- lic comments or alternative joint rec- ommendation 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 ap- plicable law. (ii) ACTION ON WITHDRAWAL.—On with- drawal 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 re- ceipt of more than 1 statement containing recommended standards relating to the di- rect 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 deter- mines 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-re- lated 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 fea- ture 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 Page 6733 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 which such higher or lower level was estab- lished. (r) Inclusion in standards of test procedures and other requirements Any new or amended energy conservation standard prescribed under this section shall in- clude, where applicable, test procedures pre- scribed 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 stand- ard applies meets the required minimum level of energy efficiency or maximum quantity of en- ergy 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 de- termined using the test procedures and cor- responding 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, ex- empt such manufacturer from all or part of the requirements of any energy conservation stand- ard established in or prescribed under this sec- tion 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 re- spect 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 manufac- turer. (2) The Secretary may not exercise the author- ity granted under paragraph (1) with respect to any type (or class) of covered product subject to an energy conservation standard under this sec- tion 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 less- ening 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 pro- cedures used for measuring energy consump- tion 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 sup- plies; and (ii) suggested product classes for energy con- servation standards. (D) Not later than 18 months after August 8, 2005, the Secretary shall hold a scoping work- shop 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 Sec- retary shall issue a final rule that deter- mines whether energy conservation stand- ards shall be issued for external power sup- plies 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 en- ergy conservation standard is technically feasible and economically justified. (ii) For each product class, any energy con- servation 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); and (II) would result in significant overall an- nual 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 EXTER- NAL POWER SUPPLIES.— (A) IN GENERAL.—Subject to subparagraphs (B) through (E), a class A external power sup- ply manufactured on or after the later of July 1, 2008, or December 19, 2007, shall meet the fol- lowing 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 exter- nal power supply shall not be subject to sub- Page 6734 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 paragraph (A) if the class A external power supply is— (i) manufactured during the period begin- ning 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 accord- ance with the External Power Supply Inter- national Efficiency Marking Protocol, as ref- erenced in the ‘‘Energy Star Program Require- ments 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, 2021.— (I) IN GENERAL.—Not later than July 1, 2021 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, 2023. (E) NONAPPLICATION OF NO-LOAD MODE EN- ERGY 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 notifica- tion of threats to life safety. (bb) Deter or control access to real property or physical assets, or prevent the unauthorized removal of physical as- sets. (cc) Monitor, detect, record, or provide notification of fire, gas, smoke, flooding, or other physical threats to real prop- erty, physical assets, or life safety. (II) EXCLUSION.—The term ‘‘security or life safety alarm or surveillance system’’ does not include any product with a prin- cipal function other than life safety, secu- rity, 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 RE- QUIREMENTS.—The No-Load Mode energy ef- ficiency standards established by this para- graph shall not apply to an external power supply manufactured before the effective date of the amendment under subparagraph (D)(ii) 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 Exter- nal 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 Envi- ronmental Protection Agency, of a distin- guishing 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 ship- ment 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. (iv) TREATMENT IN RULE.—In the rule under subparagraph (D)(ii) and subsequent amend- ments the Secretary may treat some or all external power supplies designed to be con- nected to a security or life safety alarm or surveillance system as a separate product class or may extend the nonapplication under clause (ii). (4) END-USE PRODUCTS.—An energy conserva- tion 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. (5) EXEMPT SUPPLIES.— (A) FEBRUARY 10, 2014, RULE.— (i) IN GENERAL.—An external power supply shall not be subject to the final rule entitled ‘‘Energy Conservation Program: Energy Conservation Standards for External Power Supplies’’, published at 79 Fed. Reg. 7845 (February 10, 2014), if the external power supply— (I) is manufactured during the period be- ginning on February 10, 2016, and ending on February 10, 2020; Page 6735 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (II) is marked in accordance with the Ex- ternal Power Supply International Effi- ciency Marking Protocol, as in effect on February 10, 2016; (III) meets, where applicable, the stand- ards under paragraph (3)(A), and has been certified to the Secretary as meeting International Efficiency Level IV or high- er of the External Power Supply Inter- national Efficiency Marking Protocol, as in effect on February 10, 2016; and (IV) is made available by the manufac- turer as a service part or a spare part for an end-use product that— (aa) constitutes the primary load; and (bb) was manufactured before February 10, 2016. (ii) REPORTING.—The Secretary may re- quire manufacturers of products exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that fall below International Efficiency Level VI. (iii) LIMITATION OF EXEMPTION.—The Sec- retary may issue a rule, after providing pub- lic notice and opportunity for public com- ment, to limit the applicability of the ex- emption established under clause (i) if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would otherwise result from the final rule described in such clause. (B) AMENDED STANDARDS.— (i) IN GENERAL.—The Secretary may ex- empt an external power supply from any amended standard under this subsection if the external power supply— (I) is manufactured within four years of the compliance date of the amended stand- ard; (II) complies with applicable marking re- quirements adopted by the Secretary prior to the amendment; (III) meets the standards that were in ef- fect prior to the amendment; and (IV) is made available by the manufac- turer as a service part or a spare part for an end-use product that— (aa) constitutes the primary load; and (bb) was manufactured before the com- pliance date of the amended standard. (ii) REPORTING.—The Secretary may re- quire manufacturers of a product exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that do not meet the amended standard. (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 stand- ards under this subsection, the Secretary shall use the criteria and procedures prescribed under subsections (o) and (p). (3) Any energy conservation standard pre- scribed under this subsection shall apply to products manufactured 3 years after the date of publication of a final rule establishing the en- ergy 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 En- vironmental Protection Agency. (x) Torchieres A 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 trans- formers The efficiency of a low voltage dry-type dis- tribution 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’’ pub- lished by the National Electrical Manufacturers Association (NEMA TP–1–2002). (z) Traffic signal modules and pedestrian mod- ules Any traffic signal module or pedestrian mod- ule manufactured on or after January 1, 2006, shall— (1) meet the performance requirements used under the Energy Star program of the Envi- ronmental Protection Agency for traffic sig- nals, 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 heaters A 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 reflec- tor) 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, En- ergy-Efficiency Specification issued by the En- vironmental 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 re- quirements 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— Page 6736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (A) revise the requirements established under paragraph (2); or (B) establish other requirements, after con- sidering energy savings, cost effectiveness, and consumer satisfaction. (cc) Dehumidifiers (1) Dehumidifiers manufactured on or after Oc- tober 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 less ........................... 1.00 25.01 – 35.00 ............................ 1.20 35.01 – 54.00 ............................ 1.30 54.01 – 74.99 ............................ 1.50 75.00 or more ......................... 2.25. (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 val- ues: 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 manufac- tured 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 spe- cialty 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 sub- paragraph (A) shall— (i) meet the Energy Star Program Require- ments for Compact Fluorescent Lamps, version 3.0, issued by the Department of En- ergy; or (ii) use light sources other than compact flu- orescent lamps that have lumens per watt per- formance at least equivalent to comparably configured compact fluorescent lamps meeting the Energy Star Program Requirements de- scribed in clause (i). (3) Ceiling fan light kits with pin-based sock- ets for fluorescent lamps manufactured on or after January 1, 2007 shall— (A) meet the Energy Star Program Require- ments for Residential Light Fixtures version 4.0 issued by the Environmental Protection Agency; and (B) be packaged with lamps to fill all sock- ets. (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 subpara- graph (A) shall be effective for products manu- factured 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 sub- paragraph (A) that is manufactured after Janu- ary 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 sub- sections (o) and (p) are met, amended energy ef- ficiency standards for ceiling fan light kits. (B) Any amended standards issued under sub- paragraph (A) shall apply to products manufac- tured 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) 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 subpara- graph (A), the Secretary shall consider— (i) exempting, or setting different standards for, certain product classes for which the pri- mary 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. (C)(i) Large-diameter ceiling fans manufac- tured on or after January 21, 2020, shall— (I) not be required to meet minimum ceiling fan efficiency in terms of ratio of the total air- flow to the total power consumption as de- scribed in the final rule titled ‘‘Energy Con- servation Program: Energy Conservation Standards for Ceiling Fans’’ (82 Fed. Reg. 6826 (January 19, 2017)); and (II) have a CFEI greater than or equal to— (aa) 1.00 at high speed; and (bb) 1.31 at 40 percent speed or the nearest speed that is not less than 40 percent speed. Page 6737 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 (ii) For purposes of this subparagraph, the term ‘‘CFEI’’ means the Fan Energy Index for large-diameter ceiling fans, calculated in ac- cordance with ANSI/AMCA Standard 208–18 ti- tled ‘‘Calculation of the Fan Energy Index’’, with the following modifications: (I) Using an Airflow Constant (Q0) of 26,500 cubic feet per minute. (II) Using a Pressure Constant (P0) of 0.0027 inches water gauge. (III) Using a Fan Efficiency Constant (η0) of 42 percent. (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 re- quirements applicable to ceiling fans established under section 6294 of this title take effect. (gg) Standby mode energy use (1) Definitions (A) In general Unless the Secretary determines otherwise pursuant to subparagraph (B), in this sub- section: (i) Active mode The term ‘‘active mode’’ means the con- dition 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 mode The term ‘‘off mode’’ means the condi- tion in which an energy-using product— (I) is connected to a main power source; and (II) is not providing any standby or ac- tive mode function. (iii) Standby mode The term ‘‘standby mode’’ means the condition in which an energy-using prod- uct— (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 (in- cluding active mode) by remote switch (including remote control), internal sensor, or timer. (bb) Continuous functions, including information or status displays (includ- ing 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 Inter- national Electrotechnical Commission. (2) Test procedures (A) In general Test 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 con- sideration the most current versions of Standards 62301 and 62087 of the Inter- national Electrotechnical Commission, with such energy consumption integrated into the overall energy efficiency, energy consump- tion, or other energy descriptor for each cov- ered product, unless the Secretary deter- mines that— (i) the current test procedures for a cov- ered 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 cov- ered 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 fea- sible. (B) Deadlines The 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 char- gers 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 dish- washers, 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 sub- section (o), if feasible. (B) Separate standards If not feasible, the Secretary shall pre- scribe within the final rule a separate stand- ard for standby mode and off mode energy consumption, if justified under subsection (o). (hh) Metal halide lamp fixtures (1) Standards (A) In general Subject to subparagraphs (B) and (C), metal halide lamp fixtures designed to be op- Page 6738 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 erated 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) Exclusions The standards established under subpara- graph (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) Application The standards established under subpara- graph (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 Decem- ber 19, 2007. (2) Final rule by January 1, 2012 (A) In general Not later than January 1, 2012, the Sec- retary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended. (B) Administration The 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 Sec- retary shall publish a final rule to determine whether the standards then in effect should be amended. (B) Administration The 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 sub- section may contain both design and perform- ance requirements. (ii) Application date Section 6297 of this title applies— (1) to products for which energy conserva- tion standards are to be established under sub- section (l), (u), or (v) beginning on the date on which a final rule is issued by the Secretary, except that any State or local standard pre- scribed 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) for the product takes effect; and (2) to products for which energy conserva- tion standards are established under sub- sections (w) through (hh) on August 8, 2005, ex- cept that any State or local standard pre- scribed or enacted before August 8, 2005, shall not be preempted until the energy conserva- tion standards established under subsections (w) through (hh) 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; Pub. L. 113–263, § 2, Dec. 18, 2014, 128 Stat. 2937; Pub. L. 114–11, title II, § 201(1), Apr. 30, 2015, 129 Stat. 186; Pub. L. 115–78, § 2, Nov. 2, 2017, 131 Stat. 1256; Pub. L. 115–115, § 2(c)(3), Jan. 12, 2018, 131 Stat. 2281; Pub. L. 116–260, div. Z, title I, § 1008(a), Dec. 27, 2020, 134 Stat. 2437.) Editorial Notes 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 Con- servation 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 sub- par. (C) was added by Pub. L. 110–140, title III, § 324(d), 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 add- ing 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 2020—Subsec. (ff)(6)(C). Pub. L. 116–260 added subpar. (C). 2018—Subsec. (l)(1), (2). Pub. L. 115–115 substituted ‘‘paragraph (20)’’ for ‘‘paragraph (19)’’. 2017—Subsec. (u)(3)(D)(ii). Pub. L. 115–78, § 2(a), sub- stituted ‘‘2021’’ for ‘‘2015’’ in heading and subcl. (I) and ‘‘2023’’ for ‘‘2017’’ in subcl. (II)(bb). Page 6739 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 Subsec. (u)(3)(E)(ii). Pub. L. 115–78, § 2(b)(1), sub- stituted ‘‘the effective date of the amendment under subparagraph (D)(ii)’’ for ‘‘July 1, 2017,’’ in introduc- tory provisions. Subsec. (u)(3)(E)(iv). Pub. L. 115–78, § 2(b)(2), added cl. (iv). 2015—Subsec. (e)(6). Pub. L. 114–11 added par. (6). 2014—Subsec. (u)(5). Pub. L. 113–263 added par. (5). 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), sub- stituted ‘‘negative 20°F’’ for ‘‘20°F’’. Subsec. (i)(1). Pub. L. 112–210, § 10(a)(11), made tech- nical 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), redesig- nated par. (7) as (4). 2011—Subsec. (u)(3)(A). Pub. L. 111–360, § 1(1), sub- stituted ‘‘(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 boil- ers’’ 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 di- rected amendment of subsec. (i) by inserting ‘‘, general service incandescent lamps, intermediate base incan- descent lamps, candelabra base incandescent lamps,’’ after ‘‘fluorescent lamps’’ in ‘‘section heading’’, was ex- ecuted 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 ef- ficacy, new maximum wattage, and CRI standards for general service fluorescent lamps, general service in- candescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incan- descent reflector lamps, in subpar. (B), color rendering index requirements of certain general service or gen- eral 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 sub- par. (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 in- troductory provisions, inserted ‘‘, general service in- candescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,’’ after ‘‘fluorescent lamps’’ and ‘‘, new maximum wattage,’’ after ‘‘lamp efficacy’’, inserted tables relating to gen- eral 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 fol- lows 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 fur- ther 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 cov- ered products to which the rule may apply; ‘‘(B) shall invite interested persons to submit, with- in 60 days after the date of publication of such ad- vance 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), in- serted subcl. heading, substituted ‘‘2 years’’ for ‘‘3 years’’, struck out ‘‘battery chargers and’’ before ‘‘ex- ternal power supplies’’ in two places, and added subcl. (II). Subsec. (u)(2) to (5). Pub. L. 110–140, § 310(1), redesig- nated pars. (5) and (6) as (2) and (3), respectively, and struck out former pars. (2) to (4) which related to revi- sion of test procedures and energy conservation stand- ards with respect to covered products that were major sources of standby mode energy consumption, prohibi- tion against proposal of a standard unless applicable test procedures had been issued, and applicability of standard to products manufactured or imported begin- ning 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 Sec- retary shall prescribe, by rule, test procedures and en- ergy 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 pri- mary standards are not technically feasible or eco- nomically justified, and establishing separate or ex- empted 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 estab- lished 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, dehu- midifiers manufactured on or after Oct. 1, 2012, would have an Energy Factor that would meet or exceed val- ues provided in a table of product capacities and min- imum 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).’’ Page 6740 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6295 Subsec. (ff)(4)(C). Pub. L. 110–140, § 316(d)(2)(B)(i), sub- stituted ‘‘date specified in subparagraph (A)’’ for ‘‘date specified in subparagraph (B)’’ in introductory provi- sions. 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), re- spectively, of subpar. (B). Subsec. (ff)(7). Pub. L. 110–140, § 316(d)(2)(D), sub- stituted ‘‘established under section 6294’’ for ‘‘estab- lished 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), redesig- nated 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) re- designated (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), sub- stituted ‘‘(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), redesig- nated subsec. (j) as (m) and substituted ‘‘(i)’’ for ‘‘(h)’’ in introductory provisions. Former subsec. (m) redesig- nated (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), sub- stituted ‘‘, 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), sub- stituted ‘‘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), in- serted ‘‘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), in- serted ‘‘, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,’’ after ‘‘energy ef- ficiency’’. 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), sub- stituted ‘‘energy, and as applicable, water, savings’’ for ‘‘energy savings’’. Subsec. (o)(3)(B). Pub. L. 102–486, § 123(f)(6)(F), in- serted ‘‘, 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), sub- stituted ‘‘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), redesig- nated subsecs. (n) to (q) as (q) to (t), respectively. 1988—Subsec. (e)(1)(C). Pub. L. 100–357, § 2(e)(3), in- serted ‘‘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), in- serted ‘‘fluorescent lamp ballasts,’’ after ‘‘clothes dry- ers,’’. 1987—Pub. L. 100–12 amended section generally, revis- ing and restating as subsecs. (a) to (q) provisions for- merly contained in subsecs. (a) to (j). 1978—Subsec. (a). Pub. L. 95–619 substituted provi- sions authorizing Secretary to prescribe an energy effi- ciency standard for each type of covered product speci- fied in section 6292(a)(1) to (13) of this title, authorizing such prescription for any type of covered product speci- fied 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 provi- sions requiring the Administrator, meaning the Admin- istrator of the Federal Energy Administration, to di- rect 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 Ad- ministrator 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 ef- ficiency of the covered products as manufactured in 1972, requiring similar energy efficiency targets be pre- scribed 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 es- tablishing and reaching such targets, authorizing the Administrator to commence proceedings in certain sit- uations to prescribe initial or revised targets, speci- fying when improvements of energy efficiency are eco- nomically justified, and authorizing the Attorney Gen- eral to determine any negative effects on competition so as to make certain improvements economically un- justified. 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 re- quiring 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 re- lating to a determination by the Secretary of the eco- Page 6741 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6296 nomic 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), trans- ferred 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 au- thority to determine energy targets from the Adminis- trator to the National Bureau of Standards and sub- stituted one year after August 14, 1976, for one year after December 22, 1975, for the promulgation of rules by the Administrator. Statutory Notes and Related Subsidiaries 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 Independ- ence and Security Act of 2007, Pub. L. 110–140, see sec- tion 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 ef- fect 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 sec- tion 1824 of Title 2, The Congress. REVISION Pub. L. 116–260, div. Z, title I, § 1008(b), Dec. 27, 2020, 134 Stat. 2437, provided that: ‘‘For purposes of section 325(m) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)), the standard established in section 325(ff)(6)(C) of such Act [42 U.S.C. 6295(ff)(6)(C)] (as added by subsection (a) of this section) shall be treated as if such standard was issued on January 19, 2017.’’ 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 develop- ment program— ‘‘(A) to support the research, development, dem- onstration, and commercial application of lamps and related technologies sold, offered for sale, or other- wise 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 require- ments 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 sub- section $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.’’ § 6296. Requirements of manufacturers (a) In general Each manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule. If such manufacturer or any dis- tributor, retailer, or private labeler of such product advertises such product in a catalog from which it may be purchased, such catalog shall contain all information required to be dis- played on the label, except as otherwise pro- vided by rule of the Commission. The preceding sentence shall not require that a catalog con- tain information respecting a covered product if the distribution of such catalog commenced be- fore the effective date of the labeling rule under section 6294 of this title applicable to such prod- uct. (b) Notification (1) Each manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall notify the Secretary or the Commis- sion— (A) not later than 60 days after the date such rule takes effect, of the models in current pro- duction (and starting serial numbers of those models) to which such rule applies; and (B) prior to commencement of production, of all models subsequently produced (and start- ing serial numbers of those models) to which such rule applies. (2) If requested by the Secretary or Commis- sion, the manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall provide, within 30 days of the date of the request, the data from which the informa- tion included on the label and required by the rule was derived. Data shall be kept on file by the manufacturer for a period specified in the rule. (3) When requested— (A) by the Secretary for purposes of ascertaining whether a product subject to a standard established in or prescribed under section 6295 of this title is in compliance with that standard, or (B) by the Commission for purposes of ascertaining whether the information set out on a label of a product, as required under sec- tion 6294 of this title, is accurate, each manufacturer of such a product shall sup- ply at his expense a reasonable number of such covered products to any laboratory designated by the Secretary or the Commission, as the case may be. Any reasonable charge levied by the laboratory for such testing shall be borne by the United States, if and to the extent provided in appropriation Acts. (4) Each manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall annually, at a time specified by the Commission, supply to the Commission relevant data respecting energy consumption or water use developed in accordance with the test proce- dures applicable to such product under section 6293 of this title. (5) A rule under section 6293, 6294, or 6295 of this title may require the manufacturer or his agent to permit a representative designated by the Commission or the Secretary to observe any testing required by this part and inspect the re- sults of such testing.