42 U.S.C. § 6313 — Standards

Page 6759 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 § 6313. Standards (a) Small, large, and very large commercial pack- age air conditioning and heating equipment, packaged terminal air conditioners and heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks (1) Each small commercial package air condi- tioning and heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 1994, shall meet the following standard levels: (A) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cool- ing capacity), split systems, shall be 10.0. (B) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cool- ing capacity), single package, shall be 9.7. (C) The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 8.9 (at a standard rating of 95 degrees F db). (D) The minimum heating seasonal perform- ance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 6.8. (E) The minimum heating seasonal perform- ance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 6.6. (F) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.0 (at a high temperature rating of 47 degrees F db). (G) The minimum energy efficiency ratio of water-cooled, evaporatively-cooled and water- source central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity) shall be 9.3 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equip- ment, and 85 degrees Fahrenheit entering water temperature for water-source and water-cooled equipment). (H) The minimum energy efficiency ratio of water-cooled, evaporatively-cooled and water- source central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 10.5 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water source and water- cooled equipment). (I) The minimum coefficient of performance in the heating mode of water-source heat pumps less than 135,000 Btu per hour (cooling capacity) shall be 3.8 (at a standard rating of 70 degrees Fahrenheit entering water). (2) Each large commercial package air condi- tioning and heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 1995, but before January 1, 2010, shall meet the following standard levels: (A) The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 8.5 (at a standard rating of 95 degrees F db). (B) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 2.9. (C) The minimum energy efficiency ratio of water- and evaporatively-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cool- ing capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 9.6 (according to ARI Standard 360–86). (3) Each packaged terminal air conditioner and packaged terminal heat pump manufactured on or after January 1, 1994, shall meet the fol- lowing standard levels: (A) The minimum energy efficiency ratio (EER) of packaged terminal air conditioners and packaged terminal heat pumps in the cooling mode shall be 10.0 — (0.16 x Capacity [in thousands of Btu per hour at a standard rating of 95 degrees F db, outdoor tempera- ture]). If a unit has a capacity of less than 7,000 Btu per hour, then 7,000 Btu per hour shall be used in the calculation. If a unit has a capacity of greater than 15,000 Btu per hour, then 15,000 Btu per hour shall be used in the calculation. (B) The minimum coefficient of performance (COP) of packaged terminal heat pumps in the heating mode shall be 1.3 + (0.16 x the min- imum cooling EER as specified in subpara- graph (A)) (at a standard rating of 47 degrees F db). (4) Each warm air furnace and packaged boiler manufactured on or after January 1, 1994, shall meet the following standard levels: (A) The minimum thermal efficiency at the maximum rated capacity of gas-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 80 percent. (B) The minimum thermal efficiency at the maximum rated capacity of oil-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 81 percent. (C) The minimum combustion efficiency at the maximum rated capacity of gas-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 80 percent. (D) The minimum combustion efficiency at the maximum rated capacity of oil-fired pack- aged boilers with capacity of 300,000 Btu per hour or more shall be 83 percent. (5) Each storage water heater, instantaneous water heater, and unfired water storage tank Page 6760 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 manufactured on or after January 1, 1994, shall meet the following standard levels: (A) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of electric storage water heaters shall be 0.30 + (27/Measured Storage Volume [in gal- lons]). (B) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heat- ers with input ratings of 155,000 Btu per hour or less shall be 1.30 + (114/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent. (C) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heat- ers with input ratings of more than 155,000 Btu per hour shall be 1.30 + (95/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent. (D) The minimum thermal efficiency of in- stantaneous water heaters with a storage vol- ume of less than 10 gallons shall be 80 percent. (E) Except as provided in subparagraph (G), the minimum thermal efficiency of instanta- neous water heaters with a storage volume of 10 gallons or more shall be 77 percent. The maximum standby loss, in percent/hour, of such units shall be 2.30 + (67/Measured Storage Volume [in gallons]). (F) Except as provided in subparagraph (G), the maximum heat loss of unfired hot water storage tanks shall be 6.5 Btu per hour per square foot of tank surface area. (G) Storage water heaters and hot water storage tanks having more than 140 gallons of storage capacity need not meet the standby loss or heat loss requirements specified in sub- paragraphs (A) through (C) and subparagraphs (E) and (F) if the tank surface area is ther- mally insulated to R–12.5 and if a standing pilot light is not used. (6) AMENDED ENERGY EFFICIENCY STANDARDS.— (A) IN GENERAL.— (i) ANALYSIS OF POTENTIAL ENERGY SAV- INGS.—If ASHRAE/IES Standard 90.1 is amended with respect to the standard levels or design requirements applicable under that standard to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commer- cial package air conditioning and heating equipment, packaged terminal air condi- tioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards. (ii) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS.— (I) IN GENERAL.—Except as provided in subclause (II), not later than 18 months after the date of publication of the amend- ment to the ASHRAE/IES Standard 90.1 for a product described in clause (i), the Sec- retary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1. (II) MORE STRINGENT STANDARD.—Sub- clause (I) shall not apply if the Secretary determines, by rule published in the Fed- eral Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in signifi- cant additional conservation of energy and is technologically feasible and economi- cally justified. (B) RULE.— (i) IN GENERAL.—If the Secretary makes a determination described in subparagraph (A)(ii)(II) for a product described in subpara- graph (A)(i), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the prod- uct, the Secretary shall issue the rule estab- lishing the amended standard. (ii) FACTORS.—In determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Sec- retary shall, after receiving views and com- ments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the pro- posed standard by, to the maximum extent practicable, considering— (I) the economic impact of the standard on the manufacturers and on the con- sumers of the products subject to the standard; (II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance ex- penses of, the products that are likely to result from the imposition of the standard; (III) the total projected quantity of en- ergy savings likely to result directly from the imposition of the standard; (IV) any lessening of the utility or the performance of the products likely to re- sult from the imposition of the standard; (V) the impact of any lessening of com- petition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; (VI) the need for national energy con- servation; and (VII) other factors the Secretary con- siders relevant. (iii) ADMINISTRATION.— (I) ENERGY USE AND EFFICIENCY.—The Secretary may not prescribe any amended standard under this paragraph that in- creases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. (II) UNAVAILABILITY.— (aa) IN GENERAL.—The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that inter- Page 6761 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 1 So in original. Probably should be followed by ‘‘than’’. ested persons have established by a pre- ponderance of the evidence that a stand- ard is likely to result in the unavail- ability in the United States in any prod- uct type (or class) of performance char- acteristics (including reliability, fea- tures, sizes, capacities, and volumes) that are substantially the same as those generally available in the United States at the time of the finding of the Sec- retary. (bb) OTHER TYPES OR CLASSES.—The failure of some types (or classes) to meet the criterion established under this sub- clause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes. (C) AMENDMENT OF STANDARD.— (i) IN GENERAL.—Every 6 years, the Sec- retary shall conduct an evaluation of each class of covered equipment and shall pub- lish— (I) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subparagraph (A); or (II) a notice of proposed rulemaking in- cluding new proposed standards based on the criteria and procedures established under subparagraph (B). (ii) NOTICE.—If the Secretary publishes a notice under clause (i), the Secretary shall— (I) publish a notice stating that the anal- ysis of the Department is publicly avail- able; and (II) provide an opportunity for written comment. (iii) AMENDMENT OF STANDARD; NEW DETER- MINATION.— (I) AMENDMENT OF STANDARD.—Not later than 2 years after a notice is issued under clause (i)(II), the Secretary shall publish a final rule amending the standard for the product. (II) NEW DETERMINATION.—Not later than 3 years after a determination under clause (i)(I), the Secretary shall make a new de- termination and publication under sub- clause (I) or (II) of clause (i). (iv) APPLICATION TO PRODUCTS.—Notwith- standing subparagraph (D), an amendment prescribed under this subparagraph shall apply to products manufactured after a date that is the later of— (I) the date that is 3 years after publica- tion of the final rule establishing a new standard; or (II) the date that is 6 years after the ef- fective date of the current standard for a covered product. (v) CONSIDERATION OF PRICES AND OPER- ATING PATTERNS.—If the Secretary is consid- ering revised standards for air-cooled 3- phase central air conditioners and central air conditioning heat pumps with less 1 65,000 Btu per hour (cooling capacity), the Sec- retary shall use commercial energy prices and operating patterns in all analyses con- ducted by the Secretary. (vi) For any covered equipment as to which more than 6 years has elapsed since the issuance of the most recent final rule es- tablishing or amending a standard for the product as of December 18, 2012, the first no- tice required under clause (i) shall be pub- lished by December 31, 2013. (D) A standard amended by the Secretary under this paragraph shall become effective for products manufactured— (i) with respect to small commercial pack- age air conditioning and heating equipment, packaged terminal air conditioners, pack- aged terminal heat pumps, warm-air fur- naces, packaged boilers, storage water heat- ers, instantaneous water heaters, and unfired hot water storage tanks, on or after a date which is two years after the effective date of the applicable minimum energy effi- ciency requirement in the amended ASHRAE/IES standard referred to in sub- paragraph (A); and (ii) with respect to large commercial pack- age air conditioning and heating equipment and very large commercial package air con- ditioning and heating equipment, on or after a date which is three years after the effec- tive date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in sub- paragraph (A); except that an energy conservation standard amended by the Secretary pursuant to a rule under subparagraph (B) shall become effective for products manufactured on or after a date which is four years after the date such rule is published in the Federal Register. (7) Small commercial package air conditioning and heating equipment (other than single pack- age vertical air conditioners and single package vertical heat pumps) shall meet the following standards: (A) For equipment manufactured on or after January 1, 2010, the minimum energy effi- ciency ratio of air-cooled central air condi- tioners at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be— (i) 11.2 for equipment with no heating or electric resistance heating; and (ii) 11.0 for equipment with all other heat- ing system types that are integrated into the equipment (at a standard rating of 95 de- grees F db). (B) For equipment manufactured on or after January 1, 2010, the minimum energy effi- ciency ratio of air-cooled central air condi- tioner heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be— (i) 11.0 for equipment with no heating or electric resistance heating; and (ii) 10.8 for equipment with all other heat- ing system types that are integrated into the equipment (at a standard rating of 95 de- grees F db). Page 6762 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 (C) For equipment manufactured on or after January 1, 2010, the minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling ca- pacity) shall be 3.3 (at a high temperature rat- ing of 47 degrees F db). (D) For equipment manufactured on or after the later of January 1, 2008, or the date that is 180 days after December 19, 2007— (i) the minimum seasonal energy effi- ciency ratio of air-cooled 3-phase electric central air conditioners and central air con- ditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0; (ii) the minimum seasonal energy effi- ciency ratio of air-cooled 3-phase electric central air conditioners and central air con- ditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0; (iii) the minimum heating seasonal per- formance factor of air-cooled 3-phase elec- tric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and (iv) the minimum heating seasonal per- formance factor of air-cooled 3-phase elec- tric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7. (8) Large commercial package air conditioning and heating equipment (other than single pack- age vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 2010, shall meet the following stand- ards: (A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be— (i) 11.0 for equipment with no heating or electric resistance heating; and (ii) 10.8 for equipment with all other heat- ing system types that are integrated into the equipment (at a standard rating of 95 de- grees F db). (B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 135,000 Btu per hour (cooling ca- pacity) and less than 240,000 Btu per hour (cooling capacity) shall be— (i) 10.6 for equipment with no heating or electric resistance heating; and (ii) 10.4 for equipment with all other heat- ing system types that are integrated into the equipment (at a standard rating of 95 de- grees F db). (C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db). (9) Very large commercial package air condi- tioning and heating equipment (other than sin- gle package vertical air conditioners and single package vertical heat pumps) manufactured on or after January 1, 2010, shall meet the following standards: (A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be— (i) 10.0 for equipment with no heating or electric resistance heating; and (ii) 9.8 for equipment with all other heat- ing system types that are integrated into the equipment (at a standard rating of 95 de- grees F db). (B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per hour (cooling ca- pacity) and less than 760,000 Btu per hour (cooling capacity) shall be— (i) 9.5 for equipment with no heating or electric resistance heating; and (ii) 9.3 for equipment with all other heat- ing system types that are integrated into the equipment (at a standard rating of 95 de- grees F db). (C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db). (10) SINGLE PACKAGE VERTICAL AIR CONDI- TIONERS AND SINGLE PACKAGE VERTICAL HEAT PUMPS.— (A) IN GENERAL.—Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following standards: (i) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0. (ii) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capac- ity), 3-phase, shall be 9.0. (iii) The minimum energy efficiency ratio of single package vertical air conditioners at or above 65,000 Btu per hour (cooling capac- ity) but less than 135,000 Btu per hour (cool- ing capacity), shall be 8.9. (iv) The minimum energy efficiency ratio of single package vertical air conditioners at or above 135,000 Btu per hour (cooling capac- ity) but less than 240,000 Btu per hour (cool- ing capacity), shall be 8.6. (v) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0. (vi) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0 and the minimum coeffi- cient of performance in the heating mode shall be 3.0. Page 6763 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 2 See References in Text note below. (vii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and the minimum co- efficient of performance in the heating mode shall be 3.0. (viii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and the minimum co- efficient of performance in the heating mode shall be 2.9. (B) REVIEW.—Not later than 3 years after De- cember 19, 2007, the Secretary shall review the most recently published ASHRAE/IES Stand- ard 90.1 with respect to single package vertical air conditioners and single package vertical heat pumps in accordance with the procedures established under paragraph (6). (b) Electric motors (1) Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (2),2 each electric motor manufactured (alone or as a component of another piece of equipment) after the 60-month period beginning on October 24, 1992, or in the case of an electric motor which requires listing or certification by a nationally recognized safe- ty testing laboratory, after the 84-month period beginning on October 24, 1992, shall have a nomi- nal full load efficiency of not less than the fol- lowing: Number of poles Nominal Full-Load Efficiency Open Motors Closed Motors 6 4 2 6 4 2 Motor Horsepower 1 ..................... 80.0 82.5 ....... 80.0 82.5 75.5 1.5 ................... 84.0 84.0 82.5 85.5 84.0 82.5 2 ..................... 85.5 84.0 84.0 86.5 84.0 84.0 3 ..................... 86.5 86.5 84.0 87.5 87.5 85.5 5 ..................... 87.5 87.5 85.5 87.5 87.5 87.5 7.5 ................... 88.5 88.5 87.5 89.5 89.5 88.5 10 .................... 90.2 89.5 88.5 89.5 89.5 89.5 15 .................... 90.2 91.0 89.5 90.2 91.0 90.2 20 .................... 91.0 91.0 90.2 90.2 91.0 90.2 25 .................... 91.7 91.7 91.0 91.7 92.4 91.0 30 .................... 92.4 92.4 91.0 91.7 92.4 91.0 40 .................... 93.0 93.0 91.7 93.0 93.0 91.7 50 .................... 93.0 93.0 92.4 93.0 93.0 92.4 60 .................... 93.6 93.6 93.0 93.6 93.6 93.0 75 .................... 93.6 94.1 93.0 93.6 94.1 93.0 100 .................. 94.1 94.1 93.0 94.1 94.5 93.6 125 .................. 94.1 94.5 93.6 94.1 94.5 94.5 150 .................. 94.5 95.0 93.6 95.0 95.0 94.5 200 .................. 94.5 95.0 94.5 95.0 95.0 95.0 (2) ELECTRIC MOTORS.— (A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I).—Except as provided in subpara- graph (B), each general purpose electric motor (subtype I) with a power rating of 1 horse- power or greater, but not greater than 200 horsepower, manufactured (alone or as a com- ponent of another piece of equipment) after the 3-year period beginning on December 19, 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–12. (B) FIRE PUMP MOTORS.—Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on December 19, 2007, shall have nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11. (C) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE II).—Each general purpose electric motor (subtype II) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on December 19, 2007, shall have a nominal full load effi- ciency that is not less than as defined in NEMA MG–1 (2006) Table 12–11. (D) NEMA DESIGN B, GENERAL PURPOSE ELEC- TRIC MOTORS.—Each NEMA Design B, general purpose electric motor with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on December 19, 2007, shall have a nominal full load effi- ciency that is not less than as defined in NEMA MG–1 (2006) Table 12–11. (3)(A) The Secretary may, by rule, provide that the standards specified in paragraph (1) shall not apply to certain types or classes of electric motors if— (i) compliance with such standards would not result in significant energy savings be- cause such motors cannot be used in most gen- eral purpose applications or are very unlikely to be used in most general purpose applica- tions; and (ii) standards for such motors would not be technologically feasible or economically justi- fied. (B) Not later than one year after October 24, 1992, a manufacturer seeking an exemption under this paragraph with respect to a type or class of electric motor developed on or before October 24, 1992, shall submit a petition to the Secretary requesting such exemption. Such peti- tion shall include evidence that the type or class of motor meets the criteria for exemption speci- fied in subparagraph (A). (C) Not later than two years after October 24, 1992, the Secretary shall rule on each petition for exemption submitted pursuant to subpara- graph (B). In making such ruling, the Secretary shall afford an opportunity for public comment. (D) Manufacturers of types or classes of mo- tors developed after October 24, 1992, to which standards under paragraph (1) would be applica- ble may petition the Secretary for exemptions from compliance with such standards based on the criteria specified in subparagraph (A). (4)(A) The Secretary shall publish a final rule no later than the end of the 24-month period be- ginning on the effective date of the standards es- tablished under paragraph (1) to determine if such standards should be amended. Such rule shall provide that any amendment shall apply to electric motors manufactured on or after a date Page 6764 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 which is five years after the effective date of the standards established under paragraph (1). (B) The Secretary shall publish a final rule no later than 24 months after the effective date of the previous final rule to determine whether to amend the standards in effect for such product. Any such amendment shall apply to electric mo- tors 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. (c) Commercial refrigerators, freezers, and re- frigerator-freezers (1) In this subsection: (A) The term ‘‘AV’’ means the adjusted vol- ume (ft3) (defined as 1.63 x frozen temperature compartment volume (ft3) + chilled tempera- ture compartment volume (ft3)) with compart- ment volumes measured in accordance with the Association of Home Appliance Manufac- turers Standard HRF1–1979. (B) The term ‘‘V’’ means the chilled or fro- zen compartment volume (ft3) (as defined in the Association of Home Appliance Manufac- turers Standard HRF1–1979). (C) The term ‘‘service over the counter, self- contained, medium temperature commercial refrigerator’’ or ‘‘(SOC–SC–M)’’ means a me- dium temperature commercial refrigerator— (i) with a self-contained condensing unit and equipped with sliding or hinged doors in the back intended for use by sales personnel, and with glass or other transparent material in the front for displaying merchandise; and (ii) that has a height not greater than 66 inches and is intended to serve as a counter for transactions between sales personnel and customers. (D) The term ‘‘TDA’’ means the total display area (ft2) of the refrigerated case, as defined in AHRI Standard 1200. (E) Other terms have such meanings as may be established by the Secretary, based on in- dustry-accepted definitions and practice. (2) Each commercial refrigerator, freezer, and refrigerator-freezer with a self-contained con- densing unit designed for holding temperature applications manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) that does not exceed the following: Refrigerators with solid doors .......... 0.10 V + 2.04 Refrigerators with transparent doors 0.12 V + 3.34 Freezers with solid doors .................. 0.40 V + 1.38 Freezers with transparent doors ...... 0.75 V + 4.10 Refrigerators/freezers with solid doors the greater of. 0.27 AV – 0.71 or 0.70. (3) Each commercial refrigerator with a self- contained condensing unit designed for pull- down temperature applications and transparent doors manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilo- watt hours per day) of not more than 0.126 V + 3.51. (4)(A) Each SOC–SC–M manufactured on or after January 1, 2012, shall have a total daily en- ergy consumption (in kilowatt hours per day) of not more than 0.6 × TDA + 1.0. (B) Not later than 3 years after December 18, 2012, the Secretary shall— (i) determine whether the standard estab- lished under subparagraph (A) should be amended; and (ii) if the Secretary determines that such standard should be amended, issue a final rule establishing an amended standard. (C) If the Secretary issues a final rule pursu- ant to subparagraph (B) establishing an amend- ed standard, the final rule shall provide that the amended standard shall apply to products manu- factured on or after the date that is— (i) 3 years after the date on which the final amended standard is published; or (ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is pub- lished. (5)(A) Not later than January 1, 2009, the Sec- retary shall issue, by rule, standard levels for ice-cream freezers, self-contained commercial refrigerators, freezers, and refrigerator-freezers without doors, and remote condensing commer- cial refrigerators, freezers, and refrigerator- freezers, with the standard levels effective for equipment manufactured on or after January 1, 2012. (B) The Secretary may issue, by rule, standard levels for other types of commercial refrig- erators, freezers, and refrigerator-freezers not covered by paragraph (2)(A) with the standard levels effective for equipment manufactured 3 or more years after the date on which the final rule is published. (6)(A) Not later than January 1, 2013, the Sec- retary shall issue a final rule to determine whether the standards established under this subsection should be amended. (B) Not later than 3 years after the effective date of any amended standards under subpara- graph (A) or the publication of a final rule deter- mining that the standards should not be amend- ed, the Secretary shall issue a final rule to de- termine whether the standards established under this subsection or the amended standards, as applicable, should be amended. (C) If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufac- tured on or after the date that is— (i) 3 years after the date on which the final amended standard is published; or (ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is pub- lished. (d) Automatic commercial ice makers (1) Each automatic commercial ice maker that produces cube type ice with capacities between 50 and 2500 pounds per 24-hour period when test- ed according to the test standard established in section 6314(a)(7) of this title and is manufac- tured on or after January 1, 2010, shall meet the following standard levels: Page 6765 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 Equipment Type Type of Cool- ing Harvest Rate (lbs ice/24 hours) Maximum Energy Use (kWh/100 lbs Ice) Maximum Condenser Water Use (gal/100 lbs Ice) Ice Making Head Water <500 7.80–0.0055H 200–0.022H ≥500 and <1436 5.58–0.0011H 200–0.022H ≥1436 4.0 200–0.022H Ice Making Head Air <450 10.26–0.0086H Not Applicable ≥450 6.89–0.0011H Not Applicable Remote Condensing (but not remote compressor) Air <1000 8.85–0.0038H Not Applicable ≥1000 5.10 Not Applicable Remote Condensing and Remote Compressor Air <934 8.85–0.0038H Not Applicable ≥934 5.3 Not Applicable Self Contained Water <200 11.40–0.019H 191–0.0315H ≥200 7.60 191–0.0315H Self Contained Air <175 18.0–0.0469H Not Applicable ≥175 9.80 Not Applicable H = Harvest rate in pounds per 24 hours. Water use is for the condenser only and does not include potable water used to make ice. (2)(A) The Secretary may issue, by rule, stand- ard levels for types of automatic commercial ice makers that are not covered by paragraph (1). (B) The standards established under subpara- graph (A) shall apply to products manufactured on or after the date that is— (i) 3 years after the date on which the rule is published under subparagraph (A); or (ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is pub- lished. (3)(A) Not later than January 1, 2015, with re- spect to the standards established under para- graph (1), and, with respect to the standards es- tablished under paragraph (2), not later than 5 years after the date on which the standards take effect, the Secretary shall issue a final rule to determine whether amending the applicable standards is technologically feasible and eco- nomically justified. (B) Not later than 5 years after the effective date of any amended standards under subpara- graph (A) or the publication of a final rule deter- mining that amending the standards is not tech- nologically feasible or economically justified, the Secretary shall issue a final rule to deter- mine whether amending the standards estab- lished under paragraph (1) or the amended standards, as applicable, is technologically fea- sible or economically justified. (C) If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufac- tured on or after the date that is— (i) 3 years after the date on which the final amended standard is published; or (ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final amended standard is published. (4) A final rule issued under paragraph (2) or (3) shall establish standards at the maximum level that is technically feasible and economi- cally justified, as provided in subsections (o) and (p) of section 6295 of this title. (e) Commercial clothes washers (1) Each commercial clothes washer manufac- tured on or after January 1, 2007, shall have— (A) a Modified Energy Factor of at least 1.26; and (B) a Water Factor of not more than 9.5. (2)(A)(i) Not later than January 1, 2010, the Secretary shall publish a final rule to determine whether the standards established under para- graph (1) should be amended. (ii) The rule published under clause (i) shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is pub- lished. (B)(i) Not later than January 1, 2015, the Sec- retary shall publish a final rule to determine whether the standards established under para- graph (1) should be amended. (ii) The rule published under clause (i) shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is pub- lished. Page 6766 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 (f) Walk-in coolers and walk-in freezers (1) In general Subject to paragraphs (2) through (6), each walk-in cooler or walk-in freezer manufac- tured on or after January 1, 2009, shall— (A) have automatic door closers that firm- ly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet; (B) have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open; (C) contain wall, ceiling, and door insula- tion of at least R–25 for coolers and R–32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members; (D) contain floor insulation of at least R–28 for freezers; (E) for evaporator fan motors of under 1 horsepower and less than 460 volts, use— (i) electronically commutated motors (brushless direct current motors); or (ii) 3-phase motors; (F) for condenser fan motors of under 1 horsepower, use— (i) electronically commutated motors; (ii) permanent split capacitor-type mo- tors; or (iii) 3-phase motors; and (G) for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), ex- cept that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people. (2) Electronically commutated motors (A) In general The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 1 manu- facturer. (B) Other types of motors In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary deter- mines that, on average, those other motors use no more energy in evaporator fan appli- cations than electronically commutated mo- tors. (C) Maximum energy consumption level The Secretary shall establish the max- imum energy consumption level under sub- paragraph (B) not later than January 1, 2010. (3) Additional specifications Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the fol- lowing specifications: (A) Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with ei- ther heat-reflective treated glass or gas fill. (B) Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be— (i) double-pane glass with heat-reflective treated glass and gas fill; or (ii) triple-pane glass with either heat-re- flective treated glass or gas fill. (C) If the appliance has an antisweat heat- er without antisweat heat controls, the ap- pliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door open- ing (for freezers) and 3.0 watts per square foot of door opening (for coolers). (D) If the appliance has an antisweat heat- er with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heat- er in a quantity corresponding to the rel- ative humidity in the air outside the door or to the condensation on the inner glass pane. (4) Performance-based standards (A) In general Not later than January 1, 2012, the Sec- retary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improve- ment in energy that the Secretary deter- mines is technologically feasible and eco- nomically justified. (B) Application (i) In general Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published. (ii) Delayed effective date If the Secretary determines, by rule, that a 3-year period is inadequate, the Sec- retary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products. (5) Amendment of standards (A) In general Not later than January 1, 2020, the Sec- retary shall publish a final rule to determine if the standards established under paragraph (4) should be amended. (B) Application (i) In general Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published. Page 6767 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6313 (ii) Delayed effective date If the Secretary determines, by rule, that a 3-year period is inadequate, the Sec- retary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products. (6) Innovative component technologies Subparagraph (C) of paragraph (1) shall not apply to a walk-in cooler or walk-in freezer component if the component manufacturer has demonstrated to the satisfaction of the Sec- retary that the component reduces energy consumption at least as much as if such sub- paragraph were to apply. In support of any demonstration under this paragraph, a manu- facturer shall provide to the Secretary all data and technical information necessary to fully evaluate its application. (g) Lighting power supply circuits If the Secretary, acting pursuant to section 6312(b) of this title, includes as covered equip- ment solid state lighting power supply circuits, drivers, or devices described in section 6291(36)(A)(ii) of this title, the Secretary may prescribe under this part, not earlier than 1 year after the date on which a test procedure has been prescribed, an energy conservation stand- ard for such equipment. (Pub. L. 94–163, title III, § 342, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3269; amended Pub. L. 102–486, title I, § 122(d), Oct. 24, 1992, 106 Stat. 2810; Pub. L. 109–58, title I, § 136(b)–(e), Aug. 8, 2005, 119 Stat. 636–641; Pub. L. 110–140, title III, §§ 305(b), 306(c), 312(b), 313(b)(1), 314(b), Dec. 19, 2007, 121 Stat. 1554, 1559, 1564, 1568, 1570; Pub. L. 112–210, §§ 2, 4, 5(b), 10(a)(3), (4), Dec. 18, 2012, 126 Stat. 1514, 1516, 1518, 1522, 1524; Pub. L. 113–188, title VI, § 601(c), Nov. 26, 2014, 128 Stat. 2019; Pub. L. 115–115, § 2(b)(2), Jan. 12, 2018, 131 Stat. 2280.) Editorial Notes REFERENCES IN TEXT Paragraph (2), referred to in subsec. (b)(1), probably means par. (3), formerly par. (2), of subsec. (b) of this section, which was redesignated by Pub. L. 110–140, § 313(b)(1)(A). AMENDMENTS 2018—Subsec. (g). Pub. L. 115–115 added subsec. (g). 2014—Subsec. (a)(6)(C)(v), (vi). Pub. L. 113–188, which directed amendment of subsec. (a)(6)(C) by striking cl. (v) and redesignating the cl. (vi) ‘‘as added by section 310(a)(4) of Public Law 112–110’’ as (v), was executed by striking cl. (v) and redesignating as (v) the cl. (vi) (re- lating to consideration of prices and operating pat- terns) which had been redesignated by section 10(a)(4) of Pub. L. 112–210, to reflect the probable intent of Con- gress. Prior to amendment, text of par. (v) read as fol- lows: ‘‘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 Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to com- ply with deadlines for action established under this subparagraph.’’ 2012—Subsec. (a)(6)(A)(i). Pub. L. 112–210, § 5(b)(1), in- serted ‘‘the standard levels or design requirements ap- plicable under that standard to’’ before ‘‘any small commercial’’. Subsec. (a)(6)(B). Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), designated existing provisions as cl. (i), inserted cl. (i) heading, and substituted ‘‘subparagraph (A)(ii)(II)’’ for ‘‘clause (ii)(II)’’ and ‘‘subparagraph (A)(i)’’ for ‘‘clause (i)’’. Subsec. (a)(6)(B)(ii). Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (ii). Subsec. (a)(6)(B)(iii). Pub. L. 112–210, § 10(a)(4), redes- ignated cl. (iii), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C). Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (iii). Former cl. (iii) redesignated cl. (vi) of subsec. (a)(6)(C). Subsec. (a)(6)(C)(i). Pub. L. 112–210, § 5(b)(2)(A), in in- troductory provisions, substituted ‘‘Every 6 years,’’ for ‘‘Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part,’’ and inserted ‘‘conduct an evaluation of each class of covered equipment and shall’’ after ‘‘the Secretary shall’’. Subsec. (a)(6)(C)(iv). Pub. L. 112–210, § 10(a)(3)(B), sub- stituted ‘‘Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph’’ for ‘‘An amendment prescribed under this subsection’’ in introductory provisions. Subsec. (a)(6)(C)(vi). Pub. L. 112–210, § 10(a)(4), redesig- nated cl. (iii) of subsec. (a)(6)(B), relating to consider- ation of prices and operating patterns, as cl. (vi) of sub- sec. (a)(6)(C). Pub. L. 112–210, § 5(b)(2)(B), added cl. (vi) relating to notices for covered equipment for which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product. Subsec. (c)(1)(C) to (E). Pub. L. 112–210, § 4(1), added subpars. (C) and (D) and redesignated former subpar. (C) as (E). Subsec. (c)(4) to (6). Pub. L. 112–210, § 4(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Subsec. (f)(1). Pub. L. 112–210, § 2(1), substituted ‘‘paragraphs (2) through (6)’’ for ‘‘paragraphs (2) through (5)’’ in introductory provisions. Subsec. (f)(6). Pub. L. 112–210, § 2(2), added par. (6). 2007—Subsec. (a)(1). Pub. L. 110–140, § 314(b)(1), (2), in introductory provisions, inserted ‘‘(including single package vertical air conditioners and single package vertical heat pumps)’’ after ‘‘heating equipment’’ and struck out ‘‘but before January 1, 2010,’’ after ‘‘January 1, 1994,’’. Subsec. (a)(2). Pub. L. 110–140, § 314(b)(1), inserted ‘‘(including single package vertical air conditioners and single package vertical heat pumps)’’ after ‘‘heat- ing equipment’’ in introductory provisions. Subsec. (a)(6). Pub. L. 110–140, § 305(b), inserted head- ing, added subpars. (A) to (C), redesignated former sub- par. (C) as (D), and struck out former subpars. (A) and (B) which related to, in subpar. (A), establishment of amended uniform national standards for certain air conditioning and heating equipment and products if ASHRAE/IES Standard 90.1 had been amended and, if such standard had not been amended, initiation of a rulemaking to determine whether a more stringent standard would result in additional energy conserva- tion and be technologically feasible and economically justified, and, in subpar. (B), establishment of an amended standard, including factors to be considered, if a rule had been issued pursuant to a subpar. (A) de- termination and prohibition of an amended standard which would decrease energy efficiency or would likely result in the unavailability of a product type. Subsec. (a)(6)(B)(iii). Pub. L. 110–140, § 306(c), added cl. (iii) at end. Subsec. (a)(7). Pub. L. 110–140, § 314(b)(3), (4)(A), in in- troductory provisions, inserted ‘‘(other than single package vertical air conditioners and single package vertical heat pumps)’’ after ‘‘heating equipment’’ and struck out ‘‘manufactured on or after January 1, 2010,’’ before ‘‘shall meet’’. Page 6768 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6314 1 So in original. No subpar. (B) has been enacted. Subsec. (a)(7)(A) to (C). Pub. L. 110–140, § 314(b)(4)(B), substituted ‘‘For equipment manufactured on or after January 1, 2010, the’’ for ‘‘The’’. Subsec. (a)(7)(D). Pub. L. 110–140, § 314(b)(4)(C), added subpar. (D). Subsec. (a)(8), (9). Pub. L. 110–140, § 314(b)(3), inserted ‘‘(other than single package vertical air conditioners and single package vertical heat pumps)’’ after ‘‘heat- ing equipment’’ in introductory provisions. Subsec. (a)(10). Pub. L. 110–140, § 314(b)(5), added par. (10). Subsec. (b)(2) to (4). Pub. L. 110–140, § 313(b)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (f). Pub. L. 110–140, § 312(b), added subsec. (f). 2005—Subsec. (a). Pub. L. 109–58, § 136(b)(1), sub- stituted ‘‘Small, large, and very large’’ for ‘‘Small and large’’ in heading. Subsec. (a)(1). Pub. L. 109–58, § 136(b)(2), inserted ‘‘but before January 1, 2010,’’ after ‘‘January 1, 1994,’’ in in- troductory provisions. Subsec. (a)(2). Pub. L. 109–58, § 136(b)(3), inserted ‘‘but before January 1, 2010,’’ after ‘‘January 1, 1995,’’ in in- troductory provisions. Subsec. (a)(6)(A). Pub. L. 109–58, § 136(b)(4)(A), des- ignated existing provisions as cl. (i), substituted ‘‘Janu- ary 1, 2010’’ for ‘‘October 24, 1992’’, inserted ‘‘and very large commercial package air conditioning and heating equipment, or if ASHRAE/IES Standard 90.1, as in ef- fect on October 24, 1992, is amended with respect to any’’ after ‘‘large commercial package air conditioning and heating equipment,’’, and added cl. (ii). Subsec. (a)(6)(C)(ii). Pub. L. 109–58, § 136(b)(4)(B), in- serted ‘‘and very large commercial package air condi- tioning and heating equipment’’ after ‘‘large commer- cial package air conditioning and heating equipment’’. Subsec. (a)(7) to (9). Pub. L. 109–58, § 136(b)(5), added pars. (7) to (9). Subsecs. (c) to (e). Pub. L. 109–58, § 136(c)–(e), added subsecs. (c) to (e). 1992—Pub. L. 102–486 amended section generally, sub- stituting present provisions for former provisions re- quiring Secretary to conduct evaluations of electric motors and pumps and other industrial equipment for purposes of determining standards. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by section 10(a)(3), (4) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under sec- tion 6291 of this title. EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–140, title III, § 313(b)(2), Dec. 19, 2007, 121 Stat. 1569, provided that: ‘‘The amendments made by paragraph (1) [amending this section] take effect on the date that is 3 years after the date of enactment of this Act [Dec. 19, 2007].’’ 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. § 6314. Test procedures (a) Prescription by Secretary; requirements (1) TEST PROCEDURES.— (A) 1 AMENDMENT.—At least once every 7 years, the Secretary shall conduct an evalua- tion of each class of covered equipment and— (i) if the Secretary determines that amended test procedures would more accu- rately or fully comply with the require- ments of paragraphs (2) and (3), shall pre- scribe test procedures for the class in ac- cordance with this section; or (ii) shall publish notice in the Federal Reg- ister of any determination not to amend a test procedure. (2) Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy effi- ciency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct. (3) If the test procedure is a procedure for de- termining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of en- ergy use in a representative average-use cycle (as determined by the Secretary), and from rep- resentative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respect- ing representative average unit costs of energy. (4)(A) With respect to small commercial pack- age air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial pack- age air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, pack- aged boilers, storage water heaters, instanta- neous water heaters, and unfired hot water stor- age tanks to which standards are applicable under section 6313 of this title, the test proce- dures shall be those generally accepted industry testing procedures or rating procedures devel- oped or recognized by the Air-Conditioning, Heating, and Refrigeration Institute or by the American Society of Heating, Refrigerating and Air Conditioning Engineers, as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. (B) If such an industry test procedure or rat- ing procedure for small commercial package air conditioning and heating equipment, large com- mercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boil- ers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test pro- cedure or rating procedure unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the re- quirements for test procedures described in paragraphs (2) and (3) of this subsection. (C) If the Secretary prescribes a rule con- taining such a determination, the rule may es- tablish an amended test procedure for such prod- uct that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements speci- fied in section 6293(e) of this title.