DOE Sets New Procedures for Waivers of Energy Efficiency Testing Requirements
The Energy Department is amending its regulations on waivers from energy efficiency test procedure requirements for manufacturers and importers of consumer products and commercial and industry equipment. DOE’s final rule expands the rules’ provisions on applicability and manufacturer and importer liability, and restores filing requirements that were mistakenly left out in a previous regulatory change. It also requires manufacturers and importers to apply for a waiver with 60 days after a waiver on a similar product, and sets new procedures for requesting rescissions and modifications of waivers. The final rule takes effect June 9. Highlights of the final rule are as follows:
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General Liability and Applicability
- Expands waiver provisions to apply to manufacturers of all types of covered commercial equipment, instead of just the five types that are currently listed (commercial warm air furnaces, commercial packaged boilers, commercial package air conditioning and heating equipment, packaged terminal air conditioners and heat pumps, and commercial water heaters and hot water supply heaters).
- Clarifies that getting a waiver does not exempt a manufacturer from compliance with any other regulatory requirements, and that it is only an authorization to use an alternative test method.
- Clarifies that while any person may petition for a waiver, the ultimate responsibility for complying with the waiver provisions lies with the manufacturer or importer.
Filing Requirements
- Restores regulations that were erroneously left out of a previous final rule that address what must be included in a waiver petition for consumer products, including: the basic model to which the waiver applies; other manufacturers of similar products; any known alternate test procedures; a signature; and any request for confidential treatment.
- Requires applicants to identify each brand name under which the basic model will be distributed.
Review and Notification Requirements
- Lengthens the normal amount of time for DOE to notify the petitioner of its decision on a request for interim waiver from 15 to 30 days.
- Narrows notification requirements so that petitioners only have to notify all other manufacturers in the same product class of a new waiver, instead of notifying all manufacturers of the same product type.
- Requires manufacturers or importers of a product employing a specific technology or characteristic that is subject to a waiver for another manufacturer to petition DOE within 60 days of the issuance of that waiver.
Modifications, Rescissions, and Revocations
- Adds new procedures for requesting rescission or modification of waivers by manufacturers or importers.
- Allows DOE to revoke or modify a waiver “if it determines that the factual basis underlying the petition for waiver or interim waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics.”
- Provides for a simplified process to requesting to extend the scope of a waiver to include additional models.
- Requires DOE to publish a proposed rule to amend the relevant test procedure regulation “as soon as is practicable” after it grants a waiver, in order to eliminate the need for continuation of the waiver.
(Federal Register 05/09/14)