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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Proposed Rules established new short-cycle product classes for residential dishwashers, residential clothes washers, and consumer clothes dryers. 85 FR 68723
Oct. 30, 2020 October 2020 Final Rule; 85 FR 81359 Dec. 16, 2020
December 2020 Final Rule. While these short-cycle products had previously been subject to energy and water conservation standards, the October and December 2020 Final Rules stated that short-cycle product classes were no longer subject to any water or energy conservation standards. 85 FR
68723, 68742; 85 FR 81359, 81376. As a result, short-cycle products are currently allowed to consume unlimited amounts of energy and water.
In amending the standards for shortcycle products to allow for unlimited water and energy usage, DOE failed to consider whether the amended standards met the criteria in the Energy Policy and Conservation Act, as amended EPCA,1 for issuing an amended standard. Notably, among other things, DOE did not determine, as required, that the amended standards for short-cycle products were designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. 42 U.S.C.
6295o2A. As such, DOE proposes to revoke the two earlier rules that improperly promulgated standards and to reinstate the prior product classes and applicable standards for these covered products.

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II. Authority and Background A. Authority EPCA authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C. 6291
6317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These covered products include residential dishwashers, residential clothes washers, and consumer clothes dryers, the subjects of this document. 42 U.S.C.
6292a6, 7, and 8, respectively.
The energy conservation program under EPCA consists essentially of four parts: 1 Testing, 2 labeling, 3 the establishment of Federal energy conservation standards, and 4
certification and enforcement 1 All
references to EPCA in this document refer to the statute as amended by the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.

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procedures. Relevant provisions of EPCA specifically include definitions 42 U.S.C. 6291, test procedures 42
U.S.C. 6293, labeling provisions 42
U.S.C. 6294, energy conservation standards 42 U.S.C. 6295, and the authority to require information and reports from manufacturers 42 U.S.C.
6296.
DOE must follow specific statutory criteria for prescribing new or amended standards for covered products, including residential dishwashers, residential clothes washers, and consumer clothes dryers. For instance, any new or amended standard for a covered product must be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. 42
U.S.C. 6295o2A. In deciding whether a standard is economically justified, DOE must determine whether the benefits of the standard exceed its burdens by, to the greatest extent possible, considering the following seven statutory 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 covered products in the type or class compared to any increase in the price, initial charges, or maintenance expenses for the covered products that are likely to result from the standard; 3 the total projected amount of energy or as applicable, water savings likely to result directly from imposition of the standard; 4 any lessening of the utility or the performance of the covered products likely to result from imposition of 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 imposition of the standard; 6
the need for national energy and water conservation; and 7 other factors the Secretary of Energy Secretary considers relevant. 42 U.S.C.
6295o2BiIVII. Furthermore, the new or amended standard must result in a significant conservation of energy. 42 U.S.C. 6295o3B.
EPCA also includes what is known as an anti-backsliding provision, which prevents the Secretary from prescribing any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of a covered product. 42 U.S.C. 6295o1.
Additionally, when prescribing an energy conservation standard, EPCA
requires DOE to specify a different standard level than that which applies generally to a type or class of products
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for any group of covered products that have the same function or intended use, if DOE determines that products within such group: A Consume a different kind of energy from that consumed by other covered products within such type or class; or B have a capacity or other performance-related feature which other products within such type or class do not have and such feature justifies a higher or lower standard. 42 U.S.C.
6295q1. In determining whether a performance-related feature justifies such a different standard for a group of products, DOE must consider such factors as the utility to the consumer of the feature and other factors DOE deems appropriate. Id. Any rule prescribing such a higher or lower standard must include an explanation of the basis on which such higher or lower level was established. 42 U.S.C. 6295q2.
B. Background As noted earlier, DOEs October 2020
and December 2020 Final Rules amended the applicable energy and water conservation standards for residential dishwashers, residential clothes washers, and consumer clothes dryers when they established new shortcycle product classes for those products.
Creation of those short-cycle classes effectively removed the energy and water conservation standards that had previously applied to those products. As discussed in greater detail below, the 2020 rulemakings failed to consider the criteria necessary for an amended standards rulemaking as required by the Energy Policy and Conservation Act, as amended, which directs DOE to consider whether the amended standards were designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. 42
U.S.C. 6295o2A.
1. Residential Dishwashers Prior to the October 2020 Final Rule, dishwashers were divided into two product classes by size: Standard and compact. Standard size dishwashers had a capacity equal to or greater than eight place settings plus six serving pieces, while compact size dishwashers had a capacity less than eight place settings plus six serving pieces. 10 CFR
430.32f1 as effective October 29, 2020. Standard size dishwashers, regardless of normal cycle time,3 had to 3 Normal cycle is the cycle type, including washing and drying temperature options, recommended in the manufacturers instructions for daily, regular, or typical use to completely wash a full load of normally soiled dishes, including the
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