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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
for ECUACs and WCUACs do not need to be amended.

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II. Introduction The following section briefly discusses the statutory authority underlying this final determination, as well as some of the relevant historical background related to the establishment of standards for ECUACs and WCUACs.
A. Authority EPCA authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. Title III, Part C of EPCA, added by Public Law 95619, Title IV, 441a 42 U.S.C. 63116317, as codified, established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This includes the ECUACs and WCUACs that are the subject of this final determination. 42 U.S.C. 63111B
D 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 procedures. Relevant provisions of EPCA specifically include definitions 42 U.S.C. 6311, energy conservation standards 42 U.S.C. 6313, test procedures 42 U.S.C. 6314, labeling provisions 42 U.S.C. 6315, and the authority to require information and reports from manufacturers 42 U.S.C.
6316.
Federal energy conservation requirements for covered equipment established under EPCA generally 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 instances for particular state laws or regulations, in accordance with the procedures and other provisions set forth under EPCA.
See 42 U.S.C. 6316b2D applying the preemption waiver provisions of 42
U.S.C. 6297.
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 PTACs and packaged terminal heat pumps PTHPs, warm-air furnaces, packaged boilers, storage water heaters,
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instantaneous water heaters, and unfired hot water storage tanks. Id. In doing so, EPCA established Federal energy conservation standards that generally correspond to the levels in American Society of Heating, Refrigerating, and Air-Conditioning Engineers ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings, in effect on October 24, 1992 i.e., ASHRAE Standard 90.11989. ECUACs and WCUACs are covered under EPCAs definition of commercial package air conditioning and heating equipment.
42 U.S.C. 63118 EPCA established initial standards for ECUACs and WCUACs with cooling capacity less than 240,000 Btu/h. 42 U.S.C. 6313a 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 ECUACs and WCUACs, 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 Within certain exceptions, DOE must adopt amended energy conservation standards at the new efficiency level in ASHRAE
Standard 90.1, unless DOE determines that there is clear and convincing evidence to support a determination that the adoption of a more stringent efficiency level as a uniform 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 the manufacturers and consumers of the affected products;
2 The savings in operating costs throughout the estimated average life of the product compared to any increases in the initial cost, or maintenance expenses;
3 The total projected amount of energy and water if applicable 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
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by the Attorney General, that is likely to result from 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. 6313a6BiiIVII
If DOE decides to adopt, as a uniform national standard, the efficiency levels specified in the amended ASHRAE
Standard 90.1, DOE must establish such standard not later than 18 months after publication of the amended industry standard. 42 U.S.C. 6313a6AiiI
However, if DOE determines, supported by clear and convincing evidence, that a more stringent uniform national standard would result in significant additional conservation of energy and is technologically feasible and economically justified, then DOE must establish the more stringent standard not later than 30 months after publication of the amended ASHRAE
Standard 90.1. 42 U.S.C.
6313a6AiiII and Bi EPCA also requires that every six years DOE evaluate the energy conservation standards for certain commercial equipment, including ECUACs and WCUACs, and publish either a notice of determination that the standards do not need to be amended, or a 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 to not 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 more stringent standards would 1 result in significant additional conservation of energy, 2 be technologically feasible and 3
economically justified must be supported by clear and convincing evidence. 42 U.S.C. 6313a6Ci; 42
U.S.C. 6313a6A. A determination that amended energy conservation standards are not needed must be based on the same considerations as if it were adopting a standard that is more stringent than an amendment to ASHRAE Standard 90.1. 42 U.S.C.
6313a6CiI; 42 U.S.C.
6313a6B

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