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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules I. Introduction A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles. These products include consumer residential clothes washers,3 the subject of this document.
42 U.S.C. 6292a7
EPCA prescribed energy conservation standards for these products 42 U.S.C.
6295g2 and 9A, and directed DOE
to conduct rulemakings to determine whether to amend the statutorily established standards. 42 U.S.C.
6295g4 and 9B EPCA further provides that, not later than 6 years after the issuance of any final rule establishing or amending a standard, DOE must publish either a notification of determination that standards for the product do not need to be amended, or a notice of proposed rulemaking NOPR including new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C. 6295m1 Not later than 3 years after 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. 6295m3B
Under EPCA, any new or amended energy conservation standard must be designed to achieve the maximum improvement in energy efficiency that DOE determines is technologically feasible and economically justified. 42
U.S.C. 6295o2A Furthermore, the new or amended standard must result in a significant conservation of energy. 42
U.S.C. 6295o3B
DOE is publishing this preliminary analysis to collect data and information to inform its decision consistent with its obligations under EPCA.

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B. Rulemaking Process DOE must follow specific statutory criteria for prescribing new or amended 1 All references to EPCA in this document refer to the statute as amended through 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 redesignated Part A.
3 DOE uses the residential nomenclature and RCW abbreviation for consumer clothes washers in order to distinguish from the CCW
abbreviation used for commercial clothes washers, which are also regulated equipment under EPCA.

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standards for covered products, including RCWs. As noted, EPCA
requires that any new or amended energy conservation standard prescribed by the Secretary of Energy Secretary be designed to achieve the maximum improvement in energy efficiency or water efficiency for certain products specified by EPCA that is technologically feasible and economically justified. 42 U.S.C.
6295o2A Furthermore, DOE may not adopt any standard that would not result in the significant conservation of energy. 42 U.S.C. 6295o3 The Secretary may not prescribe an amended or new standard that will not result in significant conservation of energy, or is not technologically feasible or economically justified. 42 U.S.C.
6295o3
On February 14, 2020, DOE published an update to its procedures, interpretations, and policies for consideration in new or revised energy conservation standards and test procedure, i.e., Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment see 10 CFR part 430, subpart C, appendix A Process Rule,.4 85 FR 8626. In the updated Process Rule, DOE established a significance threshold for energy savings under which DOE employs a two-step approach that considers both an absolute site energy savings threshold and a threshold that is a percent reduction in the energy use of 4 On January 20, 2021, the President issued Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. Exec. Order No. 13990, 86 FR 7037 Jan. 25, 2021 E.O. 13990. E.O.
13990 affirms the Nations commitment to empower our workers and communities; promote and protect our public health and the environment; and conserve our national treasures and monuments. To that end, the stated policies of E.O. 13990 include:
Improving public health and protecting our environment; ensuring access to clean air and water; and reducing greenhouse gas emissions. E.O.
13990 section 1. Section 2 of E.O. 13990 directs agencies, in part, to immediately review all existing regulations, orders, guidance documents, policies, and any other similar agency actions agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, the policy set forth in the Executive Order. E.O.
13990 section 2. In addition, section 2iii of E.O.
13990 specifically directs DOE to, as appropriate and consistent with applicable law, publishing for notice and comment a proposed rule suspending, revising, or rescinding the updated Process Rule. In response to this directive, DOE has undertaken a review of the updated Process Rule. See, 86 FR
18901 Apr. 12, 2021 and 86 FR 35668 July 7, 2021.

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the covered product. Section 6b of the Process Rule.
DOE first evaluates the projected energy savings from a potential maximum technologically feasible max-tech standard over a 30-year period against a 0.3 quadrillion British thermal units quads of site energy savings threshold. Section 6b2 of the Process Rule. If the 0.3 quad-threshold is not met, DOE then compares the maxtech savings to the total energy usage of the covered product to calculate a percentage reduction in energy usage.
Section 6b3 of the Process Rule. If this comparison does not yield a reduction in site energy use of at least 10 percent over a 30-year period, the analysis will end and DOE will propose to determine that no significant energy savings would likely result from setting new or amended standards. Section 6b4 of the Process Rule. If either one of the thresholds is reached, DOE will conduct analyses to ascertain whether a standard can be prescribed that produces the maximum improvement in energy efficiency that is both technologically feasible and economically justified and still constitutes significant energy savings at the level determined to be economically justified. Section 6b5 of the Process Rule. This two-step approach allows DOE to ascertain whether a potential standard satisfies EPCAs significant energy savings requirements in 42
U.S.C. 6295o3B to ensure that DOE
avoids setting a standard that will not result in significant conservation of energy.
EPCA defines energy efficiency as the ratio of the useful output of services from a consumer product to the energy use of such product, measured according to the Federal test procedures.
42 U.S.C. 62915, emphasis added EPCA defines energy use as the quantity of energy directly consumed by a consumer product at point of use, as measured by the Federal test procedures. 42 U.S.C. 62914 Further, EPCA uses a household energy consumption metric as a threshold for setting standards for new covered products. 42 U.S.C. 6295l1 Given this context, DOE relies on site energy as the appropriate metric for evaluating the significance of energy savings.
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 the manufacturers and consumers of the products subject to the standard;

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