U.S. Department of Energy - Energy Efficiency and Renewable Energy
Building Technologies Program – Appliances & 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))
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
- 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
- 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
- Petition to Exempt from Preemption California's Water Conservation Standards for Residential Clothes Washers, California Energy Commission letter dated September 13, 2005
- 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
Comments Received on California Petition
| California Energy Commission, #2 |
California Energy Commission, #3 |
| Sierra Nevada Alliance, #4 |
Marin Municipal Water District, #5 |
| North Marin Water District, #6 |
California Municipal Utilities Association, #7 |
| EnerPath, #8 |
City of Yreka, #9 |
| City of Santa Monica, #10 |
Victor Valley Water District, #11 |
| Three Valleys Municipal Water District, #12 |
Cucamonga Valley Water District, #13 |
| Metropolitan Water District of Southern California, #14 |
Padre Dam Municipal Water District, #15 |
| Foothill Municipal Water District, #16 |
Whirlpool Corporation, #17 |
| Sonoma County Water Agency, #18 |
San Diego County Water Authority, #19 |
| Santa Fe Irrigation District, #20 |
Elsinore Valley Municipal Water District, #21 |
| Long Beach Water Department, #22 |
Central Basin Municipal Water District, #23 |
| West Basin Municipal Water District, #24 |
The Home Depot, #25 |
| Channel Islands Beach Community Services District, #26 |
City of Santa Barbara, #27 |
| Multi-housing Laundry Association, #28 |
San Diego County Water Authority, #29 |
| Fisher and Paykel Appliances, #30 |
Edison Electric Institute, #31 withdrawn (see #78) |
| City of Roseville, #32 |
Pacific Institute, #33 |
| Rancho California Water District, #34 |
Air-Conditioning and Refrigeration Institute, #35 |
| National Electrical Manufacturers Association, #36 |
Upper San Gabriel Valley Municipal Water District, #37 |
| Gas Appliance Manufacturers Association, #38 |
Burbank Water and Power, #39 |
| Association of California Water Agencies, #40 |
Natural Resources Defense Council, #41 |
| Cresenta Valley Water District, #42 |
Calleguas Municipal Water District, #43 |
| Pacific Gas & Electric Company, #44 |
City of Glendale, California, #45 |
| Los Angeles Dept. of Water and Power, #46 |
Carpinteria Valley Water District, #47 |
| Irvine Ranch Water District, #48 |
Western Municipal Water District, #49 |
| Alliance Laundry Systems, LLC, #50 |
California Water Association, #51 |
| Association of Home Appliance Manufacturers, #52 |
Maytag Corporation, #53 |
| Sacramento Municipal Utility District, #54 |
General Electric, #55 |
| City of Napa Water Division, #56 |
Alameda County Water District, #57 |
| Olivenhain Municipal Water District, #58 |
Contra Costa Water District, #59 |
| City of Downey, #60 |
California Urban Water Conservation Council, #61 |
| Web Service Company, #62 |
Mono Lake Committee, #63 |
| City of Anaheim Public Utilities Department, #64 |
City of Santa Rosa Public Utilities Department, #65 |
| Eastern Municipal Water District, #66 |
San Juan Water District, #67 |
| Community Enhancement Services, #68 |
Castaic Lake Water Agency, #69 |
| Municipal Water District of Orange County, #70 |
City of Bearlake Department of Water and Power, #71 |
| City of Del Mar, #72 |
Otay Water District, #73 |
| Helix Water District, #74 |
Dublin San Ramos Services District, #75 |
| The Honorable George Voinovich, Senator, Ohio, #76 |
Consolidated Smart Systems, #77 |
| Edison Electric Institute, #78 (to withdraw #31) |
California Energy Commission, #79 |
| Rent·A·Center, #80 |
Association of Home Appliance Manufacturers, #81 |
| Sacramento Water Forum, #82 |
Whirlpool, #83 |
| Federal Register Notice of Denial, #84 |
California Energy Commission, #85 |
| Association of Home Appliance Manufacturers, #86 |
Contact Information
Bryan Berringer
Project Manager
(202) 586-0371
Massachusetts Petition
- Petition for Waiver of Federal Preemption Pursuant to 327(d), 42 U.S.C. 6297(d) of the Energy Policy and Conservation Act
- Energy Efficiency Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces, Notice of Petition for Exemption, Federal Register, 75 FR 4548, January 28, 2010
- Energy Efficiency Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces, Notice of Comments Received on Petition for Exemption, Federal Register, 75 FR 32177, June 7, 2010
- Energy Conservation Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces, Notice of Denial of a Petition for Waiver from Federal Preemption, Federal Register, 75FR 62115, October 7, 2010
Comments Received on Massachusetts Petition
Contact Information
Mohammed Khan
Project Manager
(202) 586-7892
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