U.S. Department of Energy - Energy Efficiency and Renewable Energy

Building Technologies Program – Appliances and Commercial Equipment Standards

State Petitions

Summary

Part B of Title III of the Energy Policy and Conservation Act as amended (hereafter "EPCA" or "Act") established the Energy Conservation Program for Consumer Products Other Than Automobiles. (42 U.S.C. 6291-6309) Products covered under the Program and the authority to regulate them, are listed in section 322. (42 U.S.C. 6292) Federal energy efficiency requirements for residential products generally preempt State laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) However, the Department can grant waivers of Federal preemption (hereafter "waiver" or "exemption") for particular State laws or regulations, in accordance with the procedures and other provisions of section 327(d) of the Act. (42 U.S.C. 6243(d)) In particular, section 327(d)(1)(A) of EPCA provides that any State or river basin commission with a State regulation regarding energy use, energy efficiency, or water use requirements for products regulated by the Energy Conservation Program, may petition for an exemption from federal preemption and apply its own State regulation. (42 U.S.C. 6297(d)(1)(A))

The following documents are available as Adobe Acrobat PDFs. Download Adobe Reader.

California Petition

• Request for Reconsideration of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, January 29, 2007 (PDF 342 KB)
  
  
• Notice of Denial of the California Energy Commission's Petition for Waiver from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, Federal Register, December 28, 2006 (PDF 130 KB)
  
  
• The Department of Energy published a Federal Register Notice on February 6, 2006, announcing the filing of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, and is requesting written comments, data and information by April 7, 2006 (PDF 108 KB)
  
  
• Petition to Exempt from Preemption California's Water Conservation Standards for Residential Clothes Washers, California Energy Commission letter dated September 13, 2005 (PDF 382 KB)
  
  
• The Department announced the extension of the time period for evaluation and decision on the disposition of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, Federal Register, June 20, 2006 (PDF 63 KB)

Comments Received

Contact Information

Bryan Berringer
Project Manager
(202) 586-0371