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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Proposed Rules
supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C.
6316a and b; 42 U.S.C. 6297 DOE
may, however, grant waivers of Federal preemption in limited circumstances for particular State laws or regulations, in accordance with the procedures and other provisions set forth under EPCA.
42 U.S.C. 6297d; 42 U.S.C. 6316a; 42
U.S.C. 6316b2D
Subject to certain criteria and conditions, DOE is required to develop test procedures to measure the energy efficiency, energy use, or estimated annual operating cost of covered equipment. 42 U.S.C. 6314
Specifically, EPCA requires that if a test procedure referenced in ASHRAE
Standard 90.1 is updated, DOE must update its test procedure to be consistent with the amended test procedure in ASHRAE Standard 90.1, unless DOE determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that the amended test procedure is not reasonably designed to produce test results that reflect the energy efficiency, energy use, or estimated operating costs of the covered ASHRAE equipment during a representative average use cycle. In addition, DOE must determine that the amended test procedure is not unduly burdensome to conduct. 42 U.S.C.
6314a2 and 4 In addition, if DOE
determines that a test procedure amendment is warranted, it must publish proposed test procedures in the Federal Register and offer the public an opportunity of not less than 45 days duration to present oral and written comments on them. 42 U.S.C. 6314b In contrast, if DOE determines that test procedure revisions are not appropriate, DOE must publish in the Federal Register its determination not to amend the test procedures. 42 U.S.C.
6314a1Aii Manufacturers of covered equipment must use the Federal test procedures as the basis for the following: 1 Certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6316b; 42 U.S.C. 6296, and 2
when making representations to the public regarding the energy use or efficiency of such equipment. 42 U.S.C.
6314d Similarly, DOE uses these test procedures to determine whether the equipment complies with relevant standards promulgated under EPCA. It is noted that DOE does not prescribe a test procedure for UFHWSTs, as the current Federal standard is an insulation design requirement of a
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minimum R-value of R12.5. 10 CFR
431.110.
EPCA contains mandatory energy conservation standards for commercial heating, air-conditioning, and waterheating equipment. 42 U.S.C. 6313a Specifically, the statute sets standards for small, large, and very large commercial package air conditioning and heating equipment, packaged terminal air conditioners and packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and UFHWSTs. Id. In doing so, EPCA established Federal energy conservation standards that generally corresponded to the levels in the ASHRAE Standard 90.1 in effect on October 24, 1992 i.e., ASHRAE
Standard 90.11989.
If ASHRAE Standard 90.1 is amended with respect to the standard levels or design requirements applicable under that standard for certain commercial equipment, including UFHWSTs, not later than 180 days after the amendment of the standard, DOE must publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards. 42 U.S.C. 6313a6Ai DOE must adopt amended energy conservation standards at the new efficiency level in ASHRAE Standard 90.1, unless clear and convincing evidence supports a determination that adoption of a more-stringent efficiency level as a national standard would produce significant additional energy savings and be technologically feasible and economically justified. 42 U.S.C.
6313a6Aii To determine whether a standard is economically justified, EPCA requires that DOE determine whether the benefits of the standard exceed its burdens by considering, to the greatest extent practicable, the following seven factors:
1 The economic impact of the standard on manufacturers and consumers of the products subject to the standard;
2 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, initial charges, or maintenance expenses of the products likely to result from the standard;
3 The total projected amount of energy savings likely to result directly from the standard;
4 Any lessening of the utility or the performance of the products likely to result from the standard;
5 The impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the standard;
6 The need for national energy conservation; and
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7 Other factors the Secretary considers relevant.

42 U.S.C. 6313a6Bii and Ci; 42
U.S.C. 6316a; 42 U.S.C.
6295o2Bi If DOE adopts as a national standard the efficiency levels specified in the amended ASHRAE Standard 90.1, DOE
must establish such a standard not later than 18 months after publication of the amended industry standard. 42 U.S.C.
6313a6AiiI If DOE determines that a more-stringent standard is appropriate under the statutory criteria, DOE must establish the more-stringent standard not later than 30 months after publication of the revised ASHRAE
Standard 90.1. 42 U.S.C.
6313a6Bi EPCA also requires that every six years DOE shall evaluate the energy conservation standards for each class of certain covered commercial equipment, including UFHWSTs, and publish either a notice of determination that the standards do not need to be amended, or a notice of proposed rulemaking NOPR that includes new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C. 6313a6Ci EPCA further provides that, not later than three years after the issuance of a final determination not to amend standards, DOE must publish either a notice of determination that standards for the product do not need to be amended, or a NOPR including new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C.
6313a6CiiiII DOE must make the analysis on which the determination is based publicly available and provide an opportunity for written comment. 42
U.S.C. 6313a6Cii Further, a determination that morestringent standards would: 1 Result in significant additional conservation of energy and 2 be both technologically feasible and economically justified must be supported by clear and convincing evidence. 42 U.S.C. 6313a6Ci; 42
U.S.C. 6313a6A DOE is publishing this NOPD in satisfaction of the 6-year review requirement in EPCA, having initially determined that DOE lacks clear and convincing evidence that amended standards for UFHWSTs would result in significant additional conservation of energy and be economically justified.
B. Background 1. Current Standards The initial Federal standards for UFHWSTs, established by EPCA, corresponded to the efficiency levels
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