DOE published a notice of proposed rulemaking proposing to revise and expand its existing regulations governing the use of particular methods as alternatives to testing. 77 FR 32038 (May 31, 2012).
A public meeting was held June 5, 2012.
The Energy Conservation Program: Alternative Efficiency Determination Methods and Alternative Rating Methods rulemaking docket EERE-2011-BT-TP-0024 contains all notices, public comments, public meeting transcripts, and supporting documents. For the latest information on the planned timing of future DOE regulatory milestones, see the current Office of Management and Budget Unified Agenda of Regulatory and Deregulatory Actions. All planned dates are preliminary and subject to change.
Part A of Title III of the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291–6309) provides for the Energy Conservation Program for Consumer Products Other Than Automobiles. The National Energy Conservation Policy Act (NECPA) amended EPCA to add Part A-1 of Title III, which established an
energy conservation program for certain industrial equipment. (42 U.S.C. 6311–6317)
This program consists essentially of four parts: (1) testing; (2) labeling; (3) Federal energy conservation standards; and (4) certification and enforcement procedures. The Federal Trade Commission (FTC) is primarily responsible for labeling consumer products, and the Department of Energy (DOE) implements the remainder of the program. The testing requirements consist of test procedures that manufacturers of covered products and equipment must use (1) as the basis for certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA, and (2) for making representations about the efficiency of those products and equipment. Similarly, DOE must use these test requirements to determine whether the products comply with standards. For certain consumer products and commercial equipment, DOE’s existing testing regulations include allowing the use of an alternative efficiency determination method (AEDM) or an alternative rating method (ARM), in lieu of actual testing, to simulate the energy consumption or efficiency of certain basic models of covered products under DOE’s test procedure conditions.