42 U.S.C. § 6361 — Federal energy conservation programs

Page 6797 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6361 § 6350. Industrial insulation and audit guidelines (a) Voluntary guidelines for energy efficiency au- diting and insulating Not later than 18 months after October 24, 1992, the Secretary, after consultation with util- ities, major industrial energy consumers, and representatives of the insulation industry, shall establish voluntary guidelines for— (1) the conduct of energy efficiency audits of industrial facilities to identify cost-effective opportunities to increase energy efficiency; and (2) the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities. (b) Educational and technical assistance The Secretary shall conduct a program of edu- cational and technical assistance to promote the use of the voluntary guidelines established under subsection (a). (Pub. L. 102–486, title I, § 133, Oct. 24, 1992, 106 Stat. 2840; Pub. L. 104–66, title I, § 1052(a)(2), Dec. 21, 1995, 109 Stat. 717; Pub. L. 105–362, title IV, § 401(e), Nov. 10, 1998, 112 Stat. 3282.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Con- servation Act which comprises this chapter. AMENDMENTS 1998—Subsec. (c). Pub. L. 105–362 struck out heading and text of subsec. (c). Text read as follows: ‘‘Not later than 2 years after October 24, 1995, and biennially thereafter, as part of the report required under section 6349(d) of this title, the Secretary shall report to the Congress on activities conducted pursuant to this sec- tion, including— ‘‘(1) a review of the status of industrial energy au- diting procedures; and ‘‘(2) an evaluation of the effectiveness of the guide- lines established under subsection (a) of this section and the responsiveness of the industrial sector to such guidelines.’’ 1995—Subsec. (c). Pub. L. 104–66 in introductory provi- sions substituted ‘‘1995’’ for ‘‘1992’’, and inserted ‘‘as part of the report required under section 6349(d) of this title,’’ after ‘‘and biennially thereafter,’’. § 6351. Coordination of research and develop- ment of energy efficient technologies for in- dustry (a) In general As part of the research and development ac- tivities of the Advanced Manufacturing Office of the Department of Energy, the Secretary of En- ergy (referred to in this section as the ‘‘Sec- retary’’) shall establish, as appropriate, collabo- rative research and development partnerships with other programs within the Department of Energy that— (1) leverage the research and development expertise of those programs to promote early stage energy efficiency technology develop- ment; (2) support the use of innovative manufac- turing processes and applied research for de- velopment, demonstration, and commer- cialization of new technologies and processes to improve efficiency (including improvements in efficient use of water), reduce emissions, re- duce industrial waste, and improve industrial cost-competitiveness; and (3) apply the knowledge and expertise of the Advanced Manufacturing Office to help achieve the program goals of the other pro- grams. (b) Reports Not later than 2 years after December 18, 2012, and biennially thereafter, the Secretary shall submit to Congress a report that describes ac- tions taken to carry out subsection (a) and the results of those actions. (Pub. L. 112–210, § 6, Dec. 18, 2012, 126 Stat. 1519; Pub. L. 116–260, div. Z, title VI, § 6002, Dec. 27, 2020, 134 Stat. 2552.) Editorial Notes CODIFICATION Section was enacted as part of the American Energy Manufacturing Technical Corrections Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–260, in introductory pro- visions, substituted ‘‘Advanced Manufacturing Office’’ for ‘‘Industrial Technologies Program’’ and ‘‘Depart- ment of Energy’’ for ‘‘Office of Energy Efficiency and Renewable Energy (including the Building Tech- nologies Program), the Office of Electricity Delivery and Energy Reliability, and the Office of Science’’. Subsec. (a)(3). Pub. L. 116–260, § 6002(1), substituted ‘‘Advanced Manufacturing Office’’ for ‘‘Industrial Tech- nologies Program’’. PART D—OTHER FEDERAL ENERGY CONSERVATION MEASURES Editorial Notes CODIFICATION This part, originally designated part E and subse- quently redesignated part F by Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3267, was changed to part D for purposes of codification. § 6361. Federal energy conservation programs (a) Establishment and coordination of Federal agency actions (1) The President shall, to the extent of his au- thority under other law, establish or coordinate Federal agency actions to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Govern- ment and all Federal agencies, and shall take such steps as are necessary to cause such stand- ards to be implemented. (2) The President shall develop and, to the ex- tent of his authority under other law, imple- ment a 10-year plan for energy conservation with respect to buildings owned or leased by an agency of the United States. Such plan shall in- clude mandatory lighting efficiency standards, mandatory thermal efficiency standards and in- sulation requirements, restrictions on hours of operation, thermostat controls, and other condi- tions of operation, and plans for replacing or retrofitting to meet such standards. Page 6798 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6361 (b) Public education programs (1) The Secretary shall establish and carry out a responsible public education program— (A) to encourage energy conservation and energy efficiency; or (B) to promote van pooling and carpooling arrangements. (2) For purposes of this subsection: (A) The term ‘‘van’’ means any automobile which the Secretary determines is manufac- tured primarily for use in the transportation of not less than 8 individuals and not more than 15 individuals. (B) The term ‘‘van pooling arrangement’’ means an arrangement for the transportation of employees between their residences or other designated locations and their place of em- ployment on a nonprofit basis in which the op- erating costs of such arrangement are paid for by the employees utilizing such arrangement. (c) Omitted (d) Applicability of plan to Executive agencies The plan developed by the President pursuant to subsection (a)(2) shall be applicable to Execu- tive agencies as defined in section 105 of title 5 and to the United States Postal Service. (e) Authorization of appropriations In addition to funds authorized in any other law, there is authorized to be appropriated to the President for fiscal year 1978 not to exceed $25,000,000, and for fiscal year 1979 not to exceed $50,000,000, to carry out the purposes of sub- section (a)(2). (Pub. L. 94–163, title III, § 381, Dec. 22, 1975, 89 Stat. 939; Pub. L. 95–619, title V, § 501, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3275, 3288; Pub. L. 100–615, § 2(b), Nov. 5, 1988, 102 Stat. 3189.) Editorial Notes CODIFICATION Subsec. (c) of this section, which required the Sec- retary to include in the report required under section 8258(b) of this title the steps taken under subsecs. (a) and (b) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 13th item on page 19 and the 3rd item on page 138 of House Document No. 103–7. AMENDMENTS 1988—Subsec. (c). Pub. L. 100–615 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The President shall submit to the Congress an annual report concerning all steps taken under sub- sections (a) and (b) of this section.’’ 1978—Subsec. (b). Pub. L. 95–619, § 691(b)(2), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Subsecs. (d), (e). Pub. L. 95–619, § 501, added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions vested in Secretary [formerly Adminis- trator of Federal Energy Administration] under subsec. (b)(1)(B) of this section transferred to Secretary of Transportation by section 7159 of this title. Executive Documents EX. ORD. NO. 12191. FEDERAL FACILITY RIDESHARING PROGRAM Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to increase ridesharing as a means to conserve petroleum, reduce congestion, im- prove air quality, and provide an economical way for Federal employees to commute to work, it is hereby or- dered as follows: 1–1. RESPONSIBILITIES OF EXECUTIVE AGENCIES 1–101. Executive agencies shall promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facili- ties. Agency actions pursuant to this Order shall be consistent with Circular A–118 issued by the Office of Management and Budget. 1–102. Agencies shall establish an annual ridesharing goal tailored to each facility, and expressed as a per- centage of fulltime personnel working at that facility who use ridesharing in the commute between home and work. Agencies that share facilities or that are within easy walking distance of one another should coordinate their efforts to develop and implement ridesharing op- portunities. 1–103. Agencies shall designate, in accordance with OMB Circular A–118, an employee transportation coor- dinator. Agencies that share facilities may designate a single transportation coordinator. The coordinator shall assist employees in forming carpools or vanpools (employee-owned or leased) and facilitate employee participation in ridesharing matching programs. The coordinator shall publicize within the facility the availability of public transportation. The coordinator shall also communicate employee needs for new or im- proved transportation service to the appropriate local public transit authorities or other organizations fur- nishing multi-passenger modes of travel. 1–104. Agencies shall report to the Administrator of General Services, hereinafter referred to as the Admin- istrator, the goals established, the means developed to achieve those goals, and the progress achieved. These reports shall be in such form and frequency as the Ad- ministrator may require. 1–2. RESPONSIBILITIES OF THE ADMINISTRATOR OF GENERAL SERVICES 1–201. The Administrator shall issue such regulations as are necessary to implement this Order. 1–202. The Administrator may exempt small, re- motely located Federal facilities from the require- ments of Sections 1–102, 1–103, and 1–104 on his own ini- tiative or upon request of the agency. An exemption shall be granted in whole or in part when, in the judg- ment of the Administrator, the requirements of those Sections would not yield significant ridesharing bene- fits. 1–203. The Administrator shall, in consultation with the Secretary of Transportation, periodically provide agencies with guidelines, instructions, and other prac- tical aids for establishing, implementing, and improv- ing their ridesharing programs. 1–204. The Administrator shall assist in coordinating the ridesharing activities of the agencies with the ef- forts of the Department of Energy, under the Federal Energy Management Program and in the development of an emergency energy conservation plan for the Fed- eral government. 1–205. The Administrator shall take into consider- ation the advice of the Environmental Protection Agency under the Clean Air Act, as amended [42 U.S.C. 7401 et seq.] in performing his responsibilities under this Order. 1–206. The Administrator shall, in consultation with the Secretary of Transportation, report annually to the Page 6799 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6363 President on the performance of the agencies in imple- menting the policies and actions contained in this Order. The report shall include (a) an assessment of each agency’s performance, including the reasonable- ness of its goals and the adequacy of its effort, (b) a comparison of private sector and State and local gov- ernment ridesharing efforts with those of the Federal government, and (c) recommendations for additional actions necessary to remove barriers or to provide addi- tional incentives to encourage more ridesharing by per- sonnel at Federal facilities. JIMMY CARTER. § 6362. Energy conservation policies and prac- tices (a) ‘‘Agency’’ defined In this section, ‘‘agency’’ means— (1) the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code; (2) the Interstate Commerce Commission; (3) the Federal Maritime Commission; and (4) the Federal Power Commission. (b) Statement of probable impact of major regu- latory action on energy efficiency Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exer- cise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy effi- ciency and energy conservation. (c) Application of provisions to authority exer- cised to protect public health and safety Subsection (b) shall not apply to any author- ity exercised under any provision of law de- signed to protect the public health or safety. (Pub. L. 94–163, title III, § 382, Dec. 22, 1975, 89 Stat. 939; Pub. L. 103–272, § 4(h), July 5, 1994, 108 Stat. 1364.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–272, § 4(h)(1), added sub- sec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and ad- ministration of laws permitting inefficient use of en- ergy. Subsec. (b). Pub. L. 103–272, § 4(h)(2), substituted ‘‘sub- section (a)’’ for ‘‘subsection (a)(1)’’. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 6363. Federal actions with respect to recycled oil (a) Purpose The purposes of this section are— (1) to encourage the recycling of used oil; (2) to promote the use of recycled oil; (3) to reduce consumption of new oil by pro- moting increased utilization of recycled oil; and (4) to reduce environmental hazards and wasteful practices associated with the disposal of used oil. (b) Definitions As used in this section: (1) the term ‘‘used oil’’ means any oil which has been refined from crude oil, has been used, and as a result of such use has been contami- nated by physical or chemical impurities. (2) The term ‘‘recycled oil’’ means— (A) used oil from which physical and chem- ical contaminants acquired through use have been removed by re-refining or other processing, or (B) any blend of oil, consisting of such re- refined or otherwise processed used oil and new oil or additives, with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use. (3) The term ‘‘new oil’’ means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil. (4) The term ‘‘manufacturer’’ means any per- son who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-re- fined or otherwise processed used oil with new oil or additives. (5) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (c) Test procedures for determining substantial equivalency of recycled oil and new oil As soon as practicable after December 22, 1975, the National Institute of Standards and Tech- nology shall develop test procedures for the de- termination of substantial equivalency of re-re- fined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as prac- ticable after development of such test proce- dures, the National Institute of Standards and Technology shall report such procedures to the Commission. (d) Promulgation of rules prescribing test proce- dures and labeling standards (1)(A) Within 90 days after the date on which the Commission receives the report under sub- section (c), the Commission shall, by rule, pre- scribe— (i) test procedures for the determination of substantial equivalency of re-refined or other- wise processed used oil or blend of oil, con- sisting of such re-refined or otherwise proc- essed used oil and new oil or additives, with