---
kind: "section"
citation: "42 U.S.C. § 6295"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6295"
heading: "Energy conservation standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6295"
units:
- "Chapter 77 — Energy Conservation"
- "Subchapter III — Improving Energy Efficiency"
- "Part A — Energy Conservation Program for Consumer Products Other Than Automobiles"
---
# §6295. Energy conservation standards
- (a) **Purposes—** The purposes of this section are to—
- (1) provide Federal [energy conservation standards](/usc/42/6291.md?p=6) applicable to [covered products](/usc/42/6291.md?p=2); and
- (2) authorize the [Secretary](/usc/42/6202.md?p=1) to prescribe amended or new [energy conservation standards](/usc/42/6291.md?p=6) for each type (or class) of [covered product](/usc/42/6291.md?p=2).
- (b) **Standards for refrigerators, refrigerator-freezers, and freezers—**
- (1) The following is the maximum [energy use](/usc/42/6291.md?p=4) allowed in kilowatt hours per year for the following products (other than those described in [paragraph (2)](#b-2)) manufactured on or after January 1, 1990:
| | [Energy](/usc/42/6291.md?p=3)
Standards
Equations |
| --- | --- |
| Refrigerators and Refrigerator-Freezers with manual defrost | 16.3 [AV](/usc/42/6291.md?p=19)+316 |
| Refrigerator-Freezers—partial automatic defrost | 21.8 [AV](/usc/42/6291.md?p=19)+429 |
| Refrigerator-Freezers—automatic defrost with: | |
| Top mounted freezer without ice | 23.5 [AV](/usc/42/6291.md?p=19)+471 |
| Side mounted freezer without ice | 27.7 [AV](/usc/42/6291.md?p=19)+488 |
| Bottom mounted freezer without ice | 27.7 [AV](/usc/42/6291.md?p=19)+488 |
| Top mounted freezer with through the door ice service | 26.4 [AV](/usc/42/6291.md?p=19)+535 |
| Side mounted freezer with through the door ice | 30.9 [AV](/usc/42/6291.md?p=19)+547 |
| Upright Freezers with: | |
| Manual defrost | 10.9 [AV](/usc/42/6291.md?p=19)+422 |
| Automatic defrost | 16.0 [AV](/usc/42/6291.md?p=19)+623 |
| Chest Freezers and all other freezers | 14.8 [AV](/usc/42/6291.md?p=19)+223 |
- (2) The standards described in [paragraph (1)](#b-1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated volume exceeding 30 cubic feet.
- (3)
- (A)
- (i) The [Secretary](/usc/42/6202.md?p=1) shall publish a proposed rule, no later than July 1, 1988, to determine if the standards established by [paragraph (1)](#b-1) should be amended. The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than July 1, 1989, which shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1993. If such a final rule is not published before January 1, 1990, any amendment of such standards shall apply to products manufactured on or after January 1, 1995. Nothing in this subsection provides any justification or defense for a failure by the [Secretary](/usc/42/6202.md?p=1) to comply with the nondiscretionary duty to publish final rules by the dates stated in this paragraph.
- (ii)
- (I) If the [Secretary](/usc/42/6202.md?p=1) does not publish a final rule before January 1, 1990, relating to the revision of the [energy conservation standards](/usc/42/6291.md?p=6) for refrigerators, refrigerator-freezers and freezers, the regulations which established standards for such products and were promulgated by the California [Energy](/usc/42/6291.md?p=3) [Commission](/usc/42/6291.md?p=18) on December 14, 1984, to be effective January 1, 1992 (or any amendments to such standards that are not more stringent than the standards in the original regulations), shall apply in California to such products, effective beginning January 1, 1993, and shall not be preempted after such effective date by any [energy conservation standard](/usc/42/6291.md?p=6) established in this section or prescribed, on or after January 1, 1990, under this section.
- (II) If the [Secretary](/usc/42/6202.md?p=1) does not publish a final rule before January 1, 1992, relating to the revision of the [energy conservation standards](/usc/42/6291.md?p=6) for refrigerators, refrigerator-freezers and freezers, [State](/usc/42/6202.md?p=4) regulations which apply to such products manufactured on or after January 1, 1995, shall apply to such products until the effective date of a rule issued under this section with respect to such products.
- (B) After the publication of a final rule under [subparagraph (A)](#b-3-A), the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than five years after the date of publication of the previous final rule. The [Secretary](/usc/42/6202.md?p=1) shall determine in such rule whether to amend the standards in effect for the products described in [paragraph (1)](#b-1).
- (C) Any amendment prescribed under [subparagraph (B)](#b-3-B) shall apply to products manufactured after a date which is five years after—
- (i) the effective date of the previous amendment; or
- (ii) if the previous final rule did not amend the standards, the earliest date by which the previous amendment could have been effective;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
- (4) **Refrigerators and freezers manufactured on or after january 1, 2014.—**
- (A) **In general.—** Not later than December 31, 2010, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule determining whether to amend the standards in effect for refrigerators, refrigerator-freezers, and freezers manufactured on or after January 1, 2014.
- (B) **Amended standards.—** The final rule shall contain any amended standards.
- (c) **Standards for room air conditioners—**
- (1) The [energy efficiency](/usc/42/6291.md?p=5) ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990:
| Product Class: | Ratio |
| --- | --- |
| Without [Reverse Cycle](/usc/42/6291.md?p=24) and With Louvered Sides: | |
| Less than 6,000 Btu | 8.0 |
| 6,000 to 7,999 Btu | 8.5 |
| 8,000 to 13,999 Btu | 9.0 |
| 14,000 to 19,999 Btu | 8.8 |
| 20,000 and more Btu | 8.2 |
| Without [Reverse Cycle](/usc/42/6291.md?p=24) and Without Louvered Sides: | |
| Less than 6,000 Btu | 8.0 |
| 6,000 to 7,999 Btu | 8.5 |
| 8,000 to 13,999 Btu | 8.5 |
| 14,000 to 19,999 Btu | 8.5 |
| 20,000 and more Btu | 8.2 |
| With [Reverse Cycle](/usc/42/6291.md?p=24) and With Louvered Sides | 8.5 |
| With [Reverse Cycle](/usc/42/6291.md?p=24), Without Louvered Sides | 8.0 |
- (2)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1992, to determine if the standards established under [paragraph (1)](#c-1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.
- (B) After January 1, 1992, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than five years after the date of publication of a previous final rule. The [Secretary](/usc/42/6202.md?p=1) shall determine in such rule whether to amend the standards in effect for room air conditioners.
- (C) Any amendment prescribed under [subparagraph (B)](#c-2-B) shall apply to products manufactured after a date which is five years after—
- (i) the effective date of the previous amendment; or
- (ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
- (d) **Standards for central air conditioners and heat pumps—**
- (1) The seasonal [energy efficiency](/usc/42/6291.md?p=5) ratio of [central air conditioners](/usc/42/6291.md?p=21) and central air conditioning [heat pumps](/usc/42/6291.md?p=24) shall be not less than the following:
- (A) Split Systems: 10.0 for products manufactured on or after January 1, 1992.
- (B) Single Package Systems: 9.7 for products manufactured on or after January 1, 1993.
- (2) The heating seasonal performance factor of central air conditioning [heat pumps](/usc/42/6291.md?p=24) shall be not less than the following:
- (A) Split Systems: 6.8 for products manufactured on or after January 1, 1992.
- (B) Single Package Systems: 6.6 for products manufactured on or after January 1, 1993.
- (3)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1994, to determine whether the standards established under [paragraph (1)](#d-1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1999. The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1994, to determine whether the standards established under [paragraph (2)](#d-2) shall be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 2002.
- (B) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule after January 1, 1994, and no later than January 1, 2001, to determine whether the standards in effect for [central air conditioners](/usc/42/6291.md?p=21) and central air conditioning [heat pumps](/usc/42/6291.md?p=24) should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2006.
- (4) **Standards for through-the-wall central air conditioners, through-the-wall central air conditioning heat pumps, and small duct, high velocity systems.—**
- (A) **Definitions.—** In this paragraph:
- (i) **Small duct, high velocity system.—** The term “small duct, high velocity system” means a heating and cooling product that contains a blower and indoor coil combination that—
- (I) is designed for, and produces, at least 1.2 inches of external static pressure when operated at the certified air volume rate of 220–350 CFM per rated ton of cooling; and
- (II) when applied in the field, uses high velocity room outlets generally greater than 1,000 fpm that have less than 6.0 square inches of free area.
- (ii) **Through-the-wall central air conditioner; through-the-wall central air conditioning heat pump.—** The terms “through-the-wall [central air conditioner](/usc/42/6291.md?p=21)” and “through-the-wall central air conditioning [heat pump](/usc/42/6291.md?p=24)” mean a [central air conditioner](/usc/42/6291.md?p=21) or [heat pump](/usc/42/6291.md?p=24), respectively, that is designed to be installed totally or partially within a fixed-size opening in an exterior wall, and—
- (I) is not weatherized;
- (II) is clearly and permanently marked for installation only through an exterior wall;
- (III) has a rated cooling capacity no greater than 30,000 Btu/hr;
- (IV) exchanges all of its outdoor air across a single surface of the equipment cabinet; and
- (V) has a combined outdoor air exchange area of less than 800 square inches (split systems) or less than 1,210 square inches (single packaged systems) as measured on the surface area described in [subclause (IV)](#d-4-A-ii-IV).
- (iii) **Revision.—** The [Secretary](/usc/42/6202.md?p=1) may revise the definitions contained in this subparagraph through publication of a final rule.
- (B) **Small-duct high-velocity systems.—**
- (i) **Seasonal energy efficiency ratio.—** The seasonal [energy efficiency](/usc/42/6291.md?p=5) ratio for small-duct high-velocity systems shall be not less than—
- (I) 11.00 for products manufactured on or after January 23, 2006; and
- (II) 12.00 for products manufactured on or after January 1, 2015.
- (ii) **Heating seasonal performance factor.—** The heating seasonal performance factor for small-duct high-velocity systems shall be not less than—
- (I) 6.8 for products manufactured on or after January 23, 2006; and
- (II) 7.2 for products manufactured on or after January 1, 2015.
- (C) **Subsequent rulemakings.—** The [Secretary](/usc/42/6202.md?p=1) shall conduct subsequent rulemakings for through-the-wall [central air conditioners](/usc/42/6291.md?p=21), through-the-wall central air conditioning [heat pumps](/usc/42/6291.md?p=24), and small duct, high velocity systems as part of any rulemaking under this section used to review or revise standards for other [central air conditioners](/usc/42/6291.md?p=21) and [heat pumps](/usc/42/6291.md?p=24).
- (e) **Standards for water heaters; pool heaters; direct heating equipment—**
- (1) The [energy](/usc/42/6291.md?p=3) factor of [water heaters](/usc/42/6291.md?p=27) shall be not less than the following for products manufactured on or after January 1, 1990:
| | |
| --- | --- |
| (A) Gas [Water Heater](/usc/42/6291.md?p=27): | .62−(.0019 x Rated Storage Volume in gallons) |
| (B) Oil [Water Heater](/usc/42/6291.md?p=27): | .59−(.0019 x Rated Storage Volume in gallons) |
| (C) Electric [Water Heater](/usc/42/6291.md?p=27): | .95−(.00132 x Rated Storage Volume in gallons) |
- (2) The [thermal efficiency of pool heaters](/usc/42/6291.md?p=26) manufactured on or after January 1, 1990, shall not be less than 78 percent.
- (3) The [efficiencies](/usc/42/6311.md?p=13-H) of gas direct heating equipment manufactured on or after January 1, 1990, shall be not less than the following:
| | |
| --- | --- |
| Wall | |
| Fan type | |
| Up to 42,000 Btu/hour | 73% AFUE |
| Over 42,000 Btu/hour | 74% AFUE |
| Gravity type | |
| Up to 10,000 Btu/hour | 59% AFUE |
| Over 10,000 Btu/hour up to 12,000 Btu/hour | 60% AFUE |
| Over 12,000 Btu/hour up to 15,000 Btu/hour | 61% AFUE |
| Over 15,000 Btu/hour up to 19,000 Btu/hour | 62% AFUE |
| Over 19,000 Btu/hour up to 27,000 Btu/hour | 63% AFUE |
| Over 27,000 Btu/hour up to 46,000 Btu/hour | 64% AFUE |
| Over 46,000 Btu/hour | 65% AFUE |
| Floor | |
| Up to 37,000 Btu/hour | 56% AFUE |
| Over 37,000 Btu/hour | 57% AFUE |
| Room | |
| Up to 18,000 Btu/hour | 57% AFUE |
| Over 18,000 Btu/hour up to 20,000 Btu/hour | 58% AFUE |
| Over 20,000 Btu/hour up to 27,000 Btu/hour | 63% AFUE |
| Over 27,000 Btu/hour up to 46,000 Btu/hour | 64% AFUE |
| Over 46,000 Btu/hour | 65% AFUE |
- (4)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish final rules no later than January 1, 1992, to determine whether the standards established by paragraph [(1)](#e-1), [(2)](#e-2), or [(3)](#e-3) for [water heaters](/usc/42/6291.md?p=27), [pool heaters](/usc/42/6291.md?p=25), and direct heating equipment should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1995.
- (B) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 2000, to determine whether standards in effect for such products should be amended. Such rule shall provide that any such amendment shall apply to products manufactured on or after January 1, 2005.
- (5) **Uniform efficiency descriptor for covered water heaters.—**
- (A) **Definitions.—** In this paragraph:
- (i) **Covered water heater.—** The term “covered [water heater](/usc/42/6291.md?p=27)” means—
- (I) a [water heater](/usc/42/6291.md?p=27); and
- (II) a [storage water heater](/usc/42/6311.md?p=12-A), [instantaneous water heater](/usc/42/6311.md?p=12-B), and [unfired hot water storage tank](/usc/42/6311.md?p=12-C) (as defined in [section 6311 of this title](/usc/42/6311.md)).
- (ii) **Final rule.—** The term “final rule” means the final rule published under this paragraph.
- (B) **Publication of final rule.—** Not later than 1 year after December 18, 2012, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule that establishes a uniform [efficiency descriptor](/usc/42/6291.md?p=22) and accompanying test methods for covered [water heaters](/usc/42/6291.md?p=27).
- (C) **Purpose.—** The purpose of the final rule shall be to replace with a uniform [efficiency descriptor](/usc/42/6291.md?p=22)—
- (i) the [energy](/usc/42/6291.md?p=3) factor descriptor for [water heaters](/usc/42/6291.md?p=27) established under this subsection; and
- (ii) the thermal [efficiency](/usc/42/6311.md?p=13-H) and standby loss descriptors for [storage water heaters](/usc/42/6311.md?p=12-A), [instantaneous water heaters](/usc/42/6311.md?p=12-B), and unfired water storage tanks established under [section 6313(a)(5) of this title](/usc/42/6313.md?p=a-5).
- (D) **Effect of final rule.—**
- (i) **In general.—** Notwithstanding any other provision of this subchapter, effective beginning on the effective date of the final rule, the [efficiency](/usc/42/6311.md?p=13-H) standard for covered [water heaters](/usc/42/6291.md?p=27) shall be denominated according to the [efficiency descriptor](/usc/42/6291.md?p=22) established by the final rule.
- (ii) **Effective date.—** The final rule shall take effect 1 year after the date of publication of the final rule under [subparagraph (B)](#e-5-B).
- (E) **Conversion factor.—**
- (i) **In general.—** The [Secretary](/usc/42/6202.md?p=1) shall develop a mathematical conversion factor for converting the measurement of [efficiency](/usc/42/6311.md?p=13-H) for covered [water heaters](/usc/42/6291.md?p=27) from the test procedures in effect on December 18, 2012, to the new [energy](/usc/42/6291.md?p=3) descriptor established under the final rule.
- (ii) **Application.—** The conversion factor shall apply to models of covered [water heaters](/usc/42/6291.md?p=27) affected by the final rule and tested prior to the effective date of the final rule.
- (iii) **Effect on efficiency requirements.—** The conversion factor shall not affect the minimum [efficiency](/usc/42/6311.md?p=13-H) requirements for covered [water heaters](/usc/42/6291.md?p=27) otherwise established under this subchapter.
- (iv) **Use.—** During the period described in [clause (v)](#e-5-E-v), a [manufacturer](/usc/42/6291.md?p=12) may apply the conversion factor established by the [Secretary](/usc/42/6202.md?p=1) to rerate existing models of covered [water heaters](/usc/42/6291.md?p=27) that are in existence prior to the effective date of the rule described in [clause (v)(II)](#e-5-E-v-II) to comply with the new [efficiency descriptor](/usc/42/6291.md?p=22).
- (v) **Period.—** [Clause (iv)](#e-5-E-iv) shall apply during the period—
- (I) beginning on the date of publication of the conversion factor in the Federal Register; and
- (II) ending on the later of 1 year after the date of publication of the conversion factor, or December 31, 2015.
- (F) **Exclusions.—** The final rule may exclude a specific category of covered [water heaters](/usc/42/6291.md?p=27) from the uniform [efficiency descriptor](/usc/42/6291.md?p=22) established under this paragraph if the [Secretary](/usc/42/6202.md?p=1) determines that the category of [water heaters](/usc/42/6291.md?p=27)—
- (i) does not have a residential use and can be clearly described in the final rule; and
- (ii) are[^1] effectively rated using the thermal [efficiency](/usc/42/6311.md?p=13-H) and standby loss descriptors applied (as of December 18, 2012) to the category under [section 6313(a)(5) of this title](/usc/42/6313.md?p=a-5).
- (G) **Options.—** The descriptor set by the final rule may be—
- (i) a revised version of the [energy](/usc/42/6291.md?p=3) factor descriptor in use as of December 18, 2012;
- (ii) the thermal [efficiency](/usc/42/6311.md?p=13-H) and standby loss descriptors in use as of that date;
- (iii) a revised version of the thermal [efficiency](/usc/42/6311.md?p=13-H) and standby loss descriptors;
- (iv) a hybrid of descriptors; or
- (v) a new approach.
- (H) **Application.—** The [efficiency descriptor](/usc/42/6291.md?p=22) and accompanying test method established under the final rule shall apply, to the maximum extent practicable, to all water heating technologies in use as of December 18, 2012, and to future water heating technologies.
- (I) **Participation.—** The [Secretary](/usc/42/6202.md?p=1) shall invite interested stakeholders to participate in the rulemaking process used to establish the final rule.
- (J) **Testing of alternative descriptors.—** In establishing the final rule, the [Secretary](/usc/42/6202.md?p=1) shall contract with the National Institute of Standards and Technology, as necessary, to conduct testing and simulation of alternative descriptors identified for consideration.
- (K) **Existing covered water heaters.—** A covered [water heater](/usc/42/6291.md?p=27) shall be considered to comply with the final rule on and after the effective date of the final rule and with any revised labeling requirements established by the Federal Trade [Commission](/usc/42/6291.md?p=18) to carry out the final rule if the covered [water heater](/usc/42/6291.md?p=27)—
- (i) was manufactured prior to the effective date of the final rule; and
- (ii) complied with the [efficiency](/usc/42/6311.md?p=13-H) standards and labeling requirements in effect prior to the final rule.
- (6) **Additional standards for grid-enabled water heaters.—**
- (A) **Definitions.—** In this paragraph:
- (i) **Activation lock.—** The term “activation lock” means a control mechanism (either a physical device directly on the [water heater](/usc/42/6291.md?p=27) or a control system integrated into the [water heater](/usc/42/6291.md?p=27)) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the [manufacturer](/usc/42/6291.md?p=12).
- (ii) **Grid-enabled water heater.—** The term “grid-enabled [water heater](/usc/42/6291.md?p=27)” means an electric resistance [water heater](/usc/42/6291.md?p=27) that—
- (I) has a rated storage tank volume of more than 75 gallons;
- (II) is manufactured on or after April 16, 2015;
- (III) has—
- (aa) an [energy](/usc/42/6291.md?p=3) factor of not less than 1.061 minus the product obtained by multiplying—
- (AA) the rated storage volume of the tank, expressed in gallons; and
- (BB) 0.00168; or
- (bb) an equivalent alternative standard prescribed by the [Secretary](/usc/42/6202.md?p=1) and developed pursuant to [paragraph (5)(E)](#e-5-E);
- (IV) is equipped at the point of [manufacture](/usc/42/6291.md?p=10) with an activation lock; and
- (V) bears a permanent [label](/usc/42/6311.md?p=6) applied by the [manufacturer](/usc/42/6291.md?p=12) that—
- (aa) is made of material not adversely affected by water;
- (bb) is attached by means of non-water-soluble adhesive; and
- (cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font:
“IMPORTANT INFORMATION: This [water heater](/usc/42/6291.md?p=27) is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.”.
- (B) **Requirement.—** The [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) shall provide the activation key for a grid-enabled [water heater](/usc/42/6291.md?p=27) only to a utility or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled [water heater](/usc/42/6291.md?p=27).
- (C) **Reports.—**
- (i) **Manufacturers.—** The [Secretary](/usc/42/6202.md?p=1) shall require each [manufacturer](/usc/42/6291.md?p=12) of grid-enabled [water heaters](/usc/42/6291.md?p=27) to report to the [Secretary](/usc/42/6202.md?p=1) annually the quantity of grid-enabled [water heaters](/usc/42/6291.md?p=27) that the [manufacturer](/usc/42/6291.md?p=12) ships each year.
- (ii) **Operators.—** The [Secretary](/usc/42/6202.md?p=1) shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled [water heaters](/usc/42/6291.md?p=27) activated for their programs using forms of the [Energy](/usc/42/6291.md?p=3) Information [Agency](/usc/42/8262.md?p=1) or using such other mechanism that the [Secretary](/usc/42/6202.md?p=1) determines appropriate after an opportunity for notice and comment.
- (iii) **Confidentiality requirements.—** The [Secretary](/usc/42/6202.md?p=1) shall treat shipment data reported by [manufacturers](/usc/42/6291.md?p=12) as confidential business information.
- (D) **Publication of information.—**
- (i) **In general.—** In 2017 and 2019, the [Secretary](/usc/42/6202.md?p=1) shall publish an analysis of the data collected under [subparagraph (C)](#e-6-C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs.
- (ii) **Prevention of product diversion.—** If the [Secretary](/usc/42/6202.md?p=1) determines that sales of grid-enabled [water heaters](/usc/42/6291.md?p=27) exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually, the [Secretary](/usc/42/6202.md?p=1) shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes.
- (E) **Compliance.—**
- (i) **In general.—** Subparagraphs [(A)](#e-6-A) through [(D)](#e-6-D) shall remain in effect until the [Secretary](/usc/42/6202.md?p=1) determines under this section that—
- (I) grid-enabled [water heaters](/usc/42/6291.md?p=27) do not require a separate [efficiency](/usc/42/6311.md?p=13-H) requirement; or
- (II) sales of grid-enabled [water heaters](/usc/42/6291.md?p=27) exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion.
- (ii) **Effective date.—** If the [Secretary](/usc/42/6202.md?p=1) exercises the authority described in [clause (i)](#e-6-E-i) or amends the [efficiency](/usc/42/6311.md?p=13-H) requirement for grid-enabled [water heaters](/usc/42/6291.md?p=27), that action will take effect on the date described in [subsection (m)(4)(A)(ii)](#m-4-A-ii).
- (iii) **Consideration.—** In carrying out this section with respect to electric [water heaters](/usc/42/6291.md?p=27), the [Secretary](/usc/42/6202.md?p=1) shall consider the impact on thermal storage and demand response programs, including any impact on [energy](/usc/42/6291.md?p=3) savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment.
- (iv) **Requirements.—** In carrying out this paragraph, the [Secretary](/usc/42/6202.md?p=1) shall require that grid-enabled [water heaters](/usc/42/6291.md?p=27) be equipped with communication capability to enable the grid-enabled [water heaters](/usc/42/6291.md?p=27) to participate in ancillary services programs if the [Secretary](/usc/42/6202.md?p=1) determines that the technology is available, practical, and cost-effective.
- (f) **Standards for furnaces and boilers—**
- (1) [Furnaces](/usc/42/6291.md?p=23) (other than [furnaces](/usc/42/6291.md?p=23) designed solely for installation in mobile homes) manufactured on or after January 1, 1992, shall have an [annual fuel utilization efficiency](/usc/42/6291.md?p=20) of not less than 78 percent, except that—
- (A) boilers (other than gas steam boilers) shall have an [annual fuel utilization efficiency](/usc/42/6291.md?p=20) of not less than 80 percent and gas steam boilers shall have an [annual fuel utilization efficiency](/usc/42/6291.md?p=20) of not less than 75 percent; and
- (B) the [Secretary](/usc/42/6202.md?p=1) shall prescribe a final rule not later than January 1, 1989, establishing an [energy conservation standard](/usc/42/6291.md?p=6)—
- (i) which is for [furnaces](/usc/42/6291.md?p=23) (other than [furnaces](/usc/42/6291.md?p=23) designed solely for installation in mobile homes) having an input of less than 45,000 Btu per hour and manufactured on or after January 1, 1992;
- (ii) which provides that the [annual fuel utilization efficiency](/usc/42/6291.md?p=20) of such [furnaces](/usc/42/6291.md?p=23) shall be a specific percent which is not less than 71 percent and not more than 78 percent; and
- (iii) which the [Secretary](/usc/42/6202.md?p=1) determines is not likely to result in a significant shift from gas heating to electric resistance heating with respect to either residential [construction](/usc/42/300s–3.md?p=7) or [furnace](/usc/42/6291.md?p=23) replacement.
- (2) [Furnaces](/usc/42/6291.md?p=23) which are designed solely for installation in mobile homes and which are manufactured on or after September 1, 1990, shall have an [annual fuel utilization efficiency](/usc/42/6291.md?p=20) of not less than 75 percent.
- (3) **Boilers.—**
- (A) **In general.—** Subject to subparagraphs [(B)](#f-3-B) and [(C)](#f-3-C), boilers manufactured on or after September 1, 2012, shall meet the following requirements:
| Boiler Type | Minimum [Annual Fuel Utilization Efficiency](/usc/42/6291.md?p=20) | Design Requirements |
| --- | --- | --- |
| Gas Hot Water | 82% | No Constant Burning Pilot, Automatic Means for Adjusting Water Temperature |
| Gas Steam | 80% | No Constant Burning Pilot |
| Oil Hot Water | 84% | Automatic Means for Adjusting Temperature |
| Oil Steam | 82% | None |
| Electric Hot Water | None | Automatic Means for Adjusting Temperature |
| Electric Steam | None | None |
- (B) **Automatic means for adjusting water temperature.—**
- (i) **In general.—** The [manufacturer](/usc/42/6291.md?p=12) shall equip each gas, oil, and electric hot water boiler (other than a boiler equipped with a tankless domestic water heating coil) with automatic means for adjusting the temperature of the water supplied by the boiler to ensure that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of water supplied.
- (ii) **Single input rate.—** For a boiler that fires at 1 input rate, the requirements of this subparagraph may be satisfied by providing an automatic means that allows the burner or heating element to fire only when the means has determined that the inferred heat load cannot be met by the residual heat of the water in the system.
- (iii) **No inferred heat load.—** When there is no inferred heat load with respect to a hot water boiler, the automatic means described in clauses [(i)](#f-3-B-i) and [(ii)](#f-3-B-ii) shall limit the temperature of the water in the boiler to not more than 140 degrees Fahrenheit.
- (iv) **Operation.—** A boiler described in clause [(i)](#f-3-B-i) or [(ii)](#f-3-B-ii) shall be operable only when the automatic means described in clauses [(i)](#f-3-B-i), [(ii)](#f-3-B-ii), and [(iii)](#f-3-B-iii) is installed.
- (C) **Exception.—** A boiler that is manufactured to operate without any need for electricity or any electric connection, electric gauges, electric pumps, electric wires, or electric devices shall not be required to meet the requirements of this paragraph.
- (4)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1992, to determine whether the standards established by [paragraph (2)](#f-2) for mobile home [furnaces](/usc/42/6291.md?p=23) should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1994.
- (B) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1994, to determine whether the standards established by this subsection for [furnaces](/usc/42/6291.md?p=23) (including mobile home [furnaces](/usc/42/6291.md?p=23)) should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2002.
- (C) After January 1, 1997, and before January 1, 2007, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule to determine whether standards in effect for such products should be amended. Such rule shall contain such amendment, if any, and provide that any amendment shall apply to products manufactured on or after January 1, 2012.
- (D) Notwithstanding any other provision of this chapter, if the requirements of [subsection (o)](#o) are met, not later than December 31, 2013, the [Secretary](/usc/42/6202.md?p=1) shall consider and prescribe [energy conservation standards](/usc/42/6291.md?p=6) or [energy use](/usc/42/6291.md?p=4) standards for electricity used for purposes of circulating air through duct work.
- (g) **Standards for dishwashers; clothes washers; clothes dryers; fluorescent lamp ballasts—**
- (1) Dishwashers manufactured on or after January 1, 1988, shall be equipped with an option to dry without heat.
- (2) All rinse cycles of clothes washers shall include an unheated water option, but may have a heated water rinse option, for products manufactured on or after January 1, 1988.
- (3) Gas clothes dryers shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1988.
- (4)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish final rules no later than January 1, 1990, to determine if the standards established under this subsection for products described in paragraphs [(1)](#g-1), [(2)](#g-2), and [(3)](#g-3) should be amended. Such rules shall provide that any amendment shall apply to products the [manufacture](/usc/42/6291.md?p=10) of which is completed on or after January 1, 1993.
- (B) After January 1, 1990, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than five years after the date of publication of the previous final rule. The [Secretary](/usc/42/6202.md?p=1) shall determine in such rule whether to amend the standards in effect for such products.
- (C) Any such amendment shall apply to products manufactured after a date which is five years after—
- (i) the effective date of the previous amendment; or
- (ii) if the previous final rule did not amend the standard, the earliest date by which a previous amendment could have been in effect;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such standard.
- (5) Except as provided in [paragraph (6)](#g-6), each [fluorescent lamp ballast](/usc/42/6291.md?p=29-A)—
- (A)
- (i) manufactured on or after January 1, 1990;
- (ii) sold by the [manufacturer](/usc/42/6291.md?p=12) on or after April 1, 1990; or
- (iii) incorporated into a [luminaire](/usc/42/6291.md?p=29-F) by a [luminaire](/usc/42/6291.md?p=29-F) [manufacturer](/usc/42/6291.md?p=12) on or after April 1, 1991; and
- (B) designed—
- (i) to operate at nominal input voltages of 120 or 277 volts;
- (ii) to operate with an [input current](/usc/42/6291.md?p=29-E) frequency of 60 Hertz; and
- (iii) for use in connection with an F40T12, F96T12, or [F96T12HO lamps](/usc/42/6291.md?p=29-D-iii);
shall have a [power factor](/usc/42/6291.md?p=29-I) of 0.90 or greater and shall have a [ballast efficacy factor](/usc/42/6291.md?p=29-C) not less than the following:
| Application for
Operation of | [Ballast Input Voltage](/usc/42/6291.md?p=29-G) | Total
Nominal
Lamp Watts | [Ballast](/usc/42/6291.md?p=58)
Efficacy
Factor |
| --- | --- | --- | --- |
| one [F40T12 lamp](/usc/42/6291.md?p=29-D-i) | 120 | 40 | 1.805 |
| | 277 | 40 | 1.805 |
| two [F40T12 lamps](/usc/42/6291.md?p=29-D-i) | 120 | 80 | 1.060 |
| | 277 | 80 | 1.050 |
| two [F96T12 lamps](/usc/42/6291.md?p=29-D-ii) | 120 | 150 | 0.570 |
| | 277 | 150 | 0.570 |
| two [F96T12HO lamps](/usc/42/6291.md?p=29-D-iii) | 120 | 220 | 0.390 |
| | 277 | 220 | 0.390 |
- (6) The standards described in [paragraph (5)](#g-5) do not apply to (A) a [ballast](/usc/42/6291.md?p=58) which is designed for dimming or for use in ambient temperatures of 0° F or less, or (B) a [ballast](/usc/42/6291.md?p=58) which has a [power factor](/usc/42/6291.md?p=29-I) of less than 0.90 and is designed and labeled for use only in [residential building](/usc/42/6291.md?p=29-L) applications.
- (7)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1992, to determine if the standards established under [paragraph (5)](#g-5) should be amended, including whether such standards should be amended so that they would be applicable to [ballasts](/usc/42/6291.md?p=58) described in [paragraph (6)](#g-6) and other [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A). Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.
- (B) After January 1, 1992, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than five years after the date of publication of a previous final rule. The [Secretary](/usc/42/6202.md?p=1) shall determine in such rule whether to amend the standards in effect for [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A), including whether such standards should be amended so that they would be applicable to additional [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A).
- (C) Any amendment prescribed under [subparagraph (B)](#g-7-B) shall apply to products manufactured after a date which is five years after—
- (i) the effective date of the previous amendment; or
- (ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
- (8)
- (A) Each [fluorescent lamp ballast](/usc/42/6291.md?p=29-A) (other than [replacement ballasts](/usc/42/6291.md?p=29-P) or [ballasts](/usc/42/6291.md?p=58) described in [subparagraph (C)](#g-8-C))—
- (i)
- (I) manufactured on or after July 1, 2009;
- (II) sold by the [manufacturer](/usc/42/6291.md?p=12) on or after October 1, 2009; or
- (III) incorporated into a [luminaire](/usc/42/6291.md?p=29-F) by a [luminaire](/usc/42/6291.md?p=29-F) [manufacturer](/usc/42/6291.md?p=12) on or after July 1, 2010; and
- (ii) designed—
- (I) to operate at nominal input voltages of 120 or 277 volts;
- (II) to operate with an [input current](/usc/42/6291.md?p=29-E) frequency of 60 Hertz; and
- (III) for use in connection with [F34T12 lamps](/usc/42/6291.md?p=29-M), [F96T12/ES lamps](/usc/42/6291.md?p=29-N), or [F96T12HO/ES lamps](/usc/42/6291.md?p=29-O);
shall have a [power factor](/usc/42/6291.md?p=29-I) of 0.90 or greater and shall have a [ballast efficacy factor](/usc/42/6291.md?p=29-C) of not less than the following:
| Application for operation of | [Ballast input voltage](/usc/42/6291.md?p=29-G) | Total [nominal lamp watts](/usc/42/6291.md?p=29-H) | [Ballast efficacy factor](/usc/42/6291.md?p=29-C) |
| --- | --- | --- | --- |
| One [F34T12 lamp](/usc/42/6291.md?p=29-M) | 120/277 | 34 | 2.61 |
| Two [F34T12 lamps](/usc/42/6291.md?p=29-M) | 120/277 | 68 | 1.35 |
| Two [F96T12/ES lamps](/usc/42/6291.md?p=29-N) | 120/277 | 120 | 0.77 |
| Two [F96T12HO/ES lamps](/usc/42/6291.md?p=29-O) | 120/277 | 190 | 0.42. |
- (B) The standards described in [subparagraph (A)](#g-8-A) shall apply to all [ballasts](/usc/42/6291.md?p=58) covered by [subparagraph (A)(ii)](#g-8-A-ii) that are manufactured on or after July 1, 2010, or sold by the [manufacturer](/usc/42/6291.md?p=12) on or after October 1, 2010.
- (C) The standards described in [subparagraph (A)](#g-8-A) do not apply to—
- (i) a [ballast](/usc/42/6291.md?p=58) that is designed for dimming to 50 percent or less of the maximum output of the [ballast](/usc/42/6291.md?p=58);
- (ii) a [ballast](/usc/42/6291.md?p=58) that is designed for use with 2 [F96T12HO lamps](/usc/42/6291.md?p=29-D-iii) at ambient temperatures of negative 20°F or less and for use in an outdoor sign; or
- (iii) a [ballast](/usc/42/6291.md?p=58) that has a [power factor](/usc/42/6291.md?p=29-I) of less than 0.90 and is designed and labeled for use only in residential applications.
- (9) **Residential clothes washers manufactured on or after january 1, 2011.—**
- (A) **In general.—** A top-loading or front-loading standard-size residential clothes washer manufactured on or after January 1, 2011, shall have—
- (i) a Modified [Energy](/usc/42/6291.md?p=3) Factor of at least 1.26; and
- (ii) a water factor of not more than 9.5.
- (B) **Amendment of standards.—**
- (i) **In general.—** Not later than December 31, 2011, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule determining whether to amend the standards in effect for clothes washers manufactured on or after January 1, 2015.
- (ii) **Amended standards.—** The final rule shall contain any amended standards.
- (10) **Residential dishwashers manufactured on or after january 1, 2010.—**
- (A) **In general.—** A dishwasher manufactured on or after January 1, 2010, shall—
- (i) for a standard size dishwasher not exceed 355 kWh/year and 6.5 gallons per cycle; and
- (ii) for a [compact](/usc/42/2021b.md?p=4) size dishwasher not exceed 260 kWh/year and 4.5 gallons per cycle.
- (B) **Amendment of standards.—**
- (i) **In general.—** Not later than January 1, 2015, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule determining whether to amend the standards for dishwashers manufactured on or after January 1, 2018.
- (ii) **Amended standards.—** The final rule shall contain any amended standards.
- (h) **Standards for kitchen ranges and ovens—**
- (1) Gas kitchen ranges and ovens having an electrical supply cord shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1990.
- (2)
- (A) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1992, to determine if the standards established for kitchen ranges and ovens in this subsection should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.
- (B) The [Secretary](/usc/42/6202.md?p=1) shall publish a final rule no later than January 1, 1997, to determine whether standards in effect for such products should be amended. Such rule shall apply to products manufactured on or after January 1, 2000.
- (i) **General service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps—**
- (1) **Standards.—**
- (A) **Definition of effective date.—** In this paragraph (other than [subparagraph (D)](#i-1-D)), the term “effective date” means, with respect to each type of lamp specified in a table contained in [subparagraph (B)](#i-1-B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that follows October 24, 1992.
- (B) **Minimum standards.—** Each of the following [general service fluorescent lamps](/usc/42/6291.md?p=30-B) and [incandescent reflector lamps](/usc/42/6291.md?p=30-F) manufactured after the effective date specified in the tables contained in this paragraph shall meet or exceed the following [lamp efficacy](/usc/42/6291.md?p=30-M) and [CRI](/usc/42/6291.md?p=30-J) standards:
| [FLUORESCENT LAMPS](/usc/42/6291.md?p=30-A) | | | | |
| --- | --- | --- | --- | --- |
| [Lamp Type](/usc/42/6291.md?p=30-N) | Nominal [Lamp Wattage](/usc/42/6291.md?p=30-O) | Minimum [CRI](/usc/42/6291.md?p=30-J) | Minimum [Average Lamp Efficacy](/usc/42/6291.md?p=30-G) (LPW) | Effective Date (Period of Months) |
| 4-foot medium bi-pin | >35 W | 69 | 75.0 | 36 |
| | ≤35 W | 45 | 75.0 | 36 |
| 2-foot U-shaped | >35 W | 69 | 68.0 | 36 |
| | ≤35 W | 45 | 64.0 | 36 |
| 8-foot slimline | 65 W | 69 | 80.0 | 18 |
| | ≤65 W | 45 | 80.0 | 18 |
| 8-foot high output | >100 W | 69 | 80.0 | 18 |
| | ≤100 W | 45 | 80.0 | 18 |
| [INCANDESCENT REFLECTOR LAMPS](/usc/42/6291.md?p=30-F) | | |
| --- | --- | --- |
| Nominal [Lamp Wattage](/usc/42/6291.md?p=30-O) | Minimum [Average Lamp Efficacy](/usc/42/6291.md?p=30-G) (LPW) | Effective Date (Period of Months) |
| 40–50 | 10.5 | 36 |
| 51–66 | 11.0 | 36 |
| 67–85 | 12.5 | 36 |
| 86–115 | 14.0 | 36 |
| 116–155 | 14.5 | 36 |
| 156–205 | 15.0 | 36 |
- (C) **Exemptions.—** The standards specified in [subparagraph (B)](#i-1-B) shall not apply to the following types of [incandescent reflector lamps](/usc/42/6291.md?p=30-F):
- (i) Lamps rated at 50 watts or less that are [ER30](/usc/42/6291.md?p=56-B), [BR30](/usc/42/6291.md?p=55-B), [BR40](/usc/42/6291.md?p=55-C), or [ER40](/usc/42/6291.md?p=56-C) lamps.
- (ii) Lamps rated at 65 watts that are [BR30](/usc/42/6291.md?p=55-B), [BR40](/usc/42/6291.md?p=55-C), or [ER40](/usc/42/6291.md?p=56-C) lamps.
- (iii) [R20 incandescent reflector lamps](/usc/42/6291.md?p=57) rated 45 watts or less.
- (D) **Effective dates.—**
- (i) **ER, br, and bpar lamps.—** The standards specified in [subparagraph (B)](#i-1-B) shall apply with respect to [ER incandescent reflector lamps](/usc/42/6291.md?p=56-A), [BR incandescent reflector lamps](/usc/42/6291.md?p=55-A), [BPAR incandescent reflector lamps](/usc/42/6291.md?p=54), and similar [bulb shapes](/usc/42/6291.md?p=30-I) on and after January 1, 2008.
- (ii) **Lamps between 2.25–2.75 inches in diameter.—** The standards specified in [subparagraph (B)](#i-1-B) shall apply with respect to [incandescent reflector lamps](/usc/42/6291.md?p=30-F) with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after the later of January 1, 2008, or the date that is 180 days after December 19, 2007.
- (2) Notwithstanding [section 6302(a)(5) of this title](/usc/42/6302.md?p=a-5) and [section 6302(b) of this title](/usc/42/6302.md?p=b), it shall not be unlawful for a [manufacturer](/usc/42/6291.md?p=12) to sell a lamp which is in compliance with the law at the time such lamp was manufactured.
- (3) Not less than 36 months after October 24, 1992, the [Secretary](/usc/42/6202.md?p=1) shall initiate a rulemaking procedure and shall publish a final rule not later than the end of the 54-month period beginning on October 24, 1992, to determine if the standards established under [paragraph (1)](#i-1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date such final rule is published.
- (4) Not less than eight years after October 24, 1992, the [Secretary](/usc/42/6202.md?p=1) shall initiate a rulemaking procedure and shall publish a final rule not later than nine years and six months after October 24, 1992, to determine if the standards in effect for [fluorescent lamps](/usc/42/6291.md?p=30-A) and [incandescent lamps](/usc/42/6291.md?p=30-C) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date such final rule is published.
- (5) Not later than the end of the 24-month period beginning on the date labeling requirements under [section 6294(a)(2)(C)](/usc/42/6294.md?p=a-2-C)[^2] of this title become effective, the [Secretary](/usc/42/6202.md?p=1) shall initiate a rulemaking procedure to determine if the standards in effect for [fluorescent lamps](/usc/42/6291.md?p=30-A) and [incandescent lamps](/usc/42/6291.md?p=30-C) should be amended so that they would be applicable to additional general service fluorescent[^3] and shall publish, not later than 18 months after initiating such rulemaking, a final rule including such amended standards, if any. Such rule shall provide that the amendment shall apply to products manufactured after a date which is 36 months after the date such rule is published.
- (6) **Standards for general service lamps.—**
- (A) **Rulemaking before january 1, 2014.—**
- (i) **In general.—** Not later than January 1, 2014, the [Secretary](/usc/42/6202.md?p=1) shall initiate a rulemaking procedure to determine whether—
- (I) standards in effect for [general service lamps](/usc/42/6291.md?p=30-BB-i) should be amended to establish more stringent standards than the standards specified in [paragraph (1)(A)](#i-1-A); and
- (II) the exemptions for certain [incandescent lamps](/usc/42/6291.md?p=30-C) should be maintained or discontinued based, in part, on exempted lamp sales collected by the [Secretary](/usc/42/6202.md?p=1) from [manufacturers](/usc/42/6291.md?p=12).
- (ii) **Scope.—** The rulemaking—
- (I) shall not be limited to [incandescent lamp](/usc/42/6291.md?p=30-C) technologies; and
- (II) shall include consideration of a minimum standard of 45 lumens per watt for [general service lamps](/usc/42/6291.md?p=30-BB-i).
- (iii) **Amended standards.—** If the [Secretary](/usc/42/6202.md?p=1) determines that the standards in effect for [general service incandescent lamps](/usc/42/6291.md?p=30-D-i) should be amended, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule not later than January 1, 2017, with an effective date that is not earlier than 3 years after the date on which the final rule is published.
- (iv) **Phased-in effective dates.—** The [Secretary](/usc/42/6202.md?p=1) shall consider phased-in effective dates under this subparagraph after considering—
- (I) the impact of any amendment on [manufacturers](/usc/42/6291.md?p=12), retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and
- (II) the time needed to work with [retailers](/usc/42/6291.md?p=13) and lighting designers to revise sales and marketing strategies.
- (v) **Backstop requirement.—** If the [Secretary](/usc/42/6202.md?p=1) fails to complete a rulemaking in accordance with clauses [(i)](#i-6-A-i) through [(iv)](#i-6-A-iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy standard of 45 lumens per watt, effective beginning January 1, 2020, the [Secretary](/usc/42/6202.md?p=1) shall prohibit the sale of any [general service lamp](/usc/42/6291.md?p=30-BB-i) that does not meet a minimum efficacy standard of 45 lumens per watt.
- (vi) **State preemption.—** Neither [section 6297(b) of this title](/usc/42/6297.md?p=b) nor any other provision of law shall preclude California or Nevada from adopting, effective beginning on or after January 1, 2018—
- (I) a final rule adopted by the [Secretary](/usc/42/6202.md?p=1) in accordance with clauses [(i)](#i-6-A-i) through [(iv)](#i-6-A-iv);
- (II) if a final rule described in [subclause (I)](#i-6-A-vi-I) has not been adopted, the backstop requirement under [clause (v)](#i-6-A-v); or
- (III) in the case of California, if a final rule described in [subclause (I)](#i-6-A-vi-I) has not been adopted, any California regulations relating to these [covered products](/usc/42/6291.md?p=2) adopted pursuant to [State](/usc/42/6202.md?p=4) statute in effect as of December 19, 2007.
- (B) **Rulemaking before january 1, 2020.—**
- (i) **In general.—** Not later than January 1, 2020, the [Secretary](/usc/42/6202.md?p=1) shall initiate a rulemaking procedure to determine whether—
- (I) standards in effect for [general service incandescent lamps](/usc/42/6291.md?p=30-D-i) should be amended to reflect lumen ranges with more stringent maximum wattage than the standards specified in [paragraph (1)(A)](#i-1-A); and
- (II) the exemptions for certain [incandescent lamps](/usc/42/6291.md?p=30-C) should be maintained or discontinued based, in part, on exempted lamp sales data collected by the [Secretary](/usc/42/6202.md?p=1) from [manufacturers](/usc/42/6291.md?p=12).
- (ii) **Scope.—** The rulemaking shall not be limited to [incandescent lamp](/usc/42/6291.md?p=30-C) technologies.
- (iii) **Amended standards.—** If the [Secretary](/usc/42/6202.md?p=1) determines that the standards in effect for [general service incandescent lamps](/usc/42/6291.md?p=30-D-i) should be amended, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule not later than January 1, 2022, with an effective date that is not earlier than 3 years after the date on which the final rule is published.
- (iv) **Phased-in effective dates.—** The [Secretary](/usc/42/6202.md?p=1) shall consider phased-in effective dates under this subparagraph after considering—
- (I) the impact of any amendment on [manufacturers](/usc/42/6291.md?p=12), retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and
- (II) the time needed to work with [retailers](/usc/42/6291.md?p=13) and lighting designers to revise sales and marketing strategies.
- (7)
- (A) With respect to any lamp to which standards are applicable under this subsection or any lamp specified in [section 6317 of this title](/usc/42/6317.md), the [Secretary](/usc/42/6202.md?p=1) shall inform any Federal entity proposing actions which would adversely impact the [energy](/usc/42/6291.md?p=3) consumption or [energy efficiency](/usc/42/6291.md?p=5) of such lamp of the [energy](/usc/42/6291.md?p=3) conservation consequences of such action. It shall be the responsibility of such Federal entity to carefully consider the [Secretary](/usc/42/6202.md?p=1)’s comments.
- (B) Notwithstanding [subsection (n)(1)](#n-1), the [Secretary](/usc/42/6202.md?p=1) shall not be prohibited from amending any standard, by rule, to permit increased [energy use](/usc/42/6291.md?p=4) or to decrease the minimum required [energy efficiency](/usc/42/6291.md?p=5) of any lamp to which standards are applicable under this subsection if such action is warranted as a result of other Federal action (including restrictions on materials or processes) which would have the effect of either increasing the [energy use](/usc/42/6291.md?p=4) or decreasing the [energy efficiency](/usc/42/6291.md?p=5) of such product.
- (8) Not later than the date on which standards established pursuant to this subsection become effective, or, with respect to high-intensity discharge lamps covered under [section 6317 of this title](/usc/42/6317.md), the effective date of standards established pursuant to such section, each [manufacturer](/usc/42/6291.md?p=12) of a product to which such standards are applicable shall file with the [Secretary](/usc/42/6202.md?p=1) a laboratory report certifying compliance with the applicable standard for each [lamp type](/usc/42/6291.md?p=30-N). Such report shall include the [lumen output](/usc/42/6291.md?p=30-Q) and wattage consumption for each [lamp type](/usc/42/6291.md?p=30-N) as an average of measurements taken over the preceding 12-month period. With respect to [lamp types](/usc/42/6291.md?p=30-N) which are not manufactured during the 12-month period preceding the date such standards become effective, such report shall be filed with the [Secretary](/usc/42/6202.md?p=1) not later than the date which is 12 months after the date manufacturing is commenced and shall include the [lumen output](/usc/42/6291.md?p=30-Q) and wattage consumption for each such [lamp type](/usc/42/6291.md?p=30-N) as an average of measurements taken during such 12-month period.
- (j) **Standards for showerheads and faucets—**
- (1) The maximum [water use](/usc/42/6291.md?p=31-A) allowed for any [showerhead](/usc/42/6291.md?p=31-D) manufactured after January 1, 1994, is 2.5 gallons per minute when measured at a flowing water pressure of 80 pounds per square inch. Any such [showerhead](/usc/42/6291.md?p=31-D) shall also meet the requirements of [ASME](/usc/42/6291.md?p=31-B)/[ANSI](/usc/42/6291.md?p=31-C) A112.18.1M–1989, 7.4.3(a).
- (2) The maximum [water use](/usc/42/6291.md?p=31-A) allowed for any of the following [faucets](/usc/42/6291.md?p=31-E) manufactured after January 1, 1994, when measured at a flowing water pressure of 80 pounds per square inch, is as follows:
| | |
| --- | --- |
| Lavatory [faucets](/usc/42/6291.md?p=31-E) | 2.5 gallons per minute |
| Lavatory replacement aerators | 2.5 gallons per minute |
| Kitchen [faucets](/usc/42/6291.md?p=31-E) | 2.5 gallons per minute |
| Kitchen replacement aerators | 2.5 gallons per minute |
| Metering [faucets](/usc/42/6291.md?p=31-E) | 0.25 gallons per cycle |
- (3)
- (A) If the maximum flow rate requirements or the design requirements of [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.18.1M–1989 are amended to improve the [efficiency](/usc/42/6311.md?p=13-H) of [water use](/usc/42/6291.md?p=31-A) of any type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E) and are approved by [ANSI](/usc/42/6291.md?p=31-C), the [Secretary](/usc/42/6202.md?p=1) shall, not later than 12 months after the date of such amendment, publish a final rule establishing an amended uniform national standard for that product at the level specified in the amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.18.1M and providing that such standard shall apply to products manufactured after a date which is 12 months after the publication of such rule, unless the [Secretary](/usc/42/6202.md?p=1) determines, by rule published in the Federal Register, that adoption of a uniform national standard at the level specified in such amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.18.1M—
- (i) is not technologically feasible and economically justified under [subsection (o)](#o);
- (ii) is not consistent with the maintenance of public health and safety; or
- (iii) is not consistent with the purposes of this chapter.
- (B)
- (i) As part of the rulemaking conducted under [subparagraph (A)](#j-3-A), the [Secretary](/usc/42/6202.md?p=1) shall also determine if adoption of a uniform national standard for any type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E) more stringent than such amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.18.1M—
- (I) would result in additional conservation of [energy](/usc/42/6291.md?p=3) or water;
- (II) would be technologically feasible and economically justified under [subsection (o)](#o); and
- (III) would be consistent with the maintenance of public health and safety.
- (ii) If the [Secretary](/usc/42/6202.md?p=1) makes an affirmative determination under [clause (i)](#j-3-B-i), the final rule published under [subparagraph (A)](#j-3-A) shall waive the provisions of [section 6297(c) of this title](/usc/42/6297.md?p=c) with respect to any [State](/usc/42/6202.md?p=4) regulation concerning the [water use](/usc/42/6291.md?p=31-A) or water [efficiency](/usc/42/6311.md?p=13-H) of such type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E) if such [State](/usc/42/6202.md?p=4) regulation—
- (I) is more stringent than amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.18.1M for such type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E) and the standard in effect for such product on the day before the date on which a final rule is published under [subparagraph (A)](#j-3-A); and
- (II) is applicable to any sale or installation of all products in such type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E).
- (C) If, after any period of five consecutive years, the maximum flow rate requirements of the [ASME](/usc/42/6291.md?p=31-B)/[ANSI standard](/usc/42/6291.md?p=29-B) for [showerheads](/usc/42/6291.md?p=31-D) are not amended to improve the [efficiency](/usc/42/6311.md?p=13-H) of [water use](/usc/42/6291.md?p=31-A) of such products, or after any such period such requirements for [faucets](/usc/42/6291.md?p=31-E) are not amended to improve the [efficiency](/usc/42/6311.md?p=13-H) of [water use](/usc/42/6291.md?p=31-A) of such products, the [Secretary](/usc/42/6202.md?p=1) shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of [section 6297(c) of this title](/usc/42/6297.md?p=c) with respect to any [State](/usc/42/6202.md?p=4) regulation concerning the [water use](/usc/42/6291.md?p=31-A) or water [efficiency](/usc/42/6311.md?p=13-H) of such type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E) if such [State](/usc/42/6202.md?p=4) regulation—
- (i) is more stringent than the standards in effect for such type of class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E); and
- (ii) is applicable to any sale or installation of all products in such type or class of [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E).
- (k) **Standards for water closets and urinals—**
- (1)
- (A) Except as provided in [subparagraph (B)](#k-1-B), the maximum [water use](/usc/42/6291.md?p=31-A) allowed in gallons per flush for any of the following [water closets](/usc/42/6291.md?p=31-F) manufactured after January 1, 1994, is the following:
| | |
| --- | --- |
| Gravity tank-type toilets | 1.6 gpf. |
| [Flushometer tank](/usc/42/6291.md?p=31-H) toilets | 1.6 gpf. |
| Electromechanical hydraulic toilets | 1.6 gpf. |
| [Blowout](/usc/42/6291.md?p=31-H) toilets | 3.5 gpf. |
- (B) The maximum [water use](/usc/42/6291.md?p=31-A) allowed for any gravity tank-type white 2-piece toilet which bears an adhesive [label](/usc/42/6311.md?p=6) conspicuous upon installation consisting of the words “Commercial Use Only” manufactured after January 1, 1994, and before January 1, 1997, is 3.5 gallons per flush.
- (C) The maximum [water use](/usc/42/6291.md?p=31-A) allowed for [flushometer valve](/usc/42/6291.md?p=31-H) toilets, other than [blowout](/usc/42/6291.md?p=31-H) toilets, manufactured after January 1, 1997, is 1.6 gallons per flush.
- (2) The maximum [water use](/usc/42/6291.md?p=31-A) allowed for any [urinal](/usc/42/6291.md?p=31-G) manufactured after January 1, 1994, is 1.0 gallon per flush.
- (3)
- (A) If the maximum flush volume requirements of [ASME](/usc/42/6291.md?p=31-B) Standard A112.19.6–1990 are amended to improve the [efficiency](/usc/42/6311.md?p=13-H) of [water use](/usc/42/6291.md?p=31-A) of any [low consumption](/usc/42/6291.md?p=31-H) [water closet](/usc/42/6291.md?p=31-F) or [low consumption](/usc/42/6291.md?p=31-H) [urinal](/usc/42/6291.md?p=31-G) and are approved by [ANSI](/usc/42/6291.md?p=31-C), the [Secretary](/usc/42/6202.md?p=1) shall, not later than 12 months after the date of such amendment, publish a final rule establishing an amended uniform national standard for that product at the level specified in amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.19.6 and providing that such standard shall apply to products manufactured after a date which is one year after the publication of such rule, unless the [Secretary](/usc/42/6202.md?p=1) determines, by rule published in the Federal Register, that adoption of a uniform national standard at the level specified in such amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.19.6—
- (i) is not technologically feasible and economically justified under [subsection (o)](#o);
- (ii) is not consistent with the maintenance of public health and safety; or
- (iii) is not consistent with the purposes of this chapter.
- (B)
- (i) As part of the rulemaking conducted under [subparagraph (A)](#k-3-A), the [Secretary](/usc/42/6202.md?p=1) shall also determine if adoption of a uniform national standard for any type or class of [low consumption](/usc/42/6291.md?p=31-H) [water closet](/usc/42/6291.md?p=31-F) or [low consumption](/usc/42/6291.md?p=31-H) [urinal](/usc/42/6291.md?p=31-G) more stringent than such amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.19.6 for such product—
- (I) would result in additional conservation of [energy](/usc/42/6291.md?p=3) or water;
- (II) would be technologically feasible and economically justified under [subsection (o)](#o); and
- (III) would be consistent with the maintenance of public health and safety.
- (ii) If the [Secretary](/usc/42/6202.md?p=1) makes an affirmative determination under [clause (i)](#k-3-B-i), the final rule published under [subparagraph (A)](#k-3-A) shall waive the provisions of [section 6297(c) of this title](/usc/42/6297.md?p=c) with respect to any [State](/usc/42/6202.md?p=4) regulation concerning the [water use](/usc/42/6291.md?p=31-A) or water [efficiency](/usc/42/6311.md?p=13-H) of such type or class of [low consumption](/usc/42/6291.md?p=31-H) [water closet](/usc/42/6291.md?p=31-F) or [low consumption](/usc/42/6291.md?p=31-H) [urinal](/usc/42/6291.md?p=31-G) if such [State](/usc/42/6202.md?p=4) regulation—
- (I) is more stringent than amended [ASME](/usc/42/6291.md?p=31-B)/[ANSI Standard](/usc/42/6291.md?p=29-B) A112.19.6 for such type or class of [low consumption](/usc/42/6291.md?p=31-H) [water closet](/usc/42/6291.md?p=31-F) or [low consumption](/usc/42/6291.md?p=31-H) [urinal](/usc/42/6291.md?p=31-G) and the standard in effect for such product on the day before the date on which a final rule is published under [subparagraph (A)](#k-3-A); and
- (II) is applicable to any sale or installation of all products in such type or class of [low consumption](/usc/42/6291.md?p=31-H) [water closet](/usc/42/6291.md?p=31-F) or [low consumption](/usc/42/6291.md?p=31-H) [urinal](/usc/42/6291.md?p=31-G).
- (C) If, after any period of five consecutive years, the maximum flush volume requirements of the [ASME](/usc/42/6291.md?p=31-B)/[ANSI standard](/usc/42/6291.md?p=29-B) for [low consumption](/usc/42/6291.md?p=31-H) [water closets](/usc/42/6291.md?p=31-F) are not amended to improve the [efficiency](/usc/42/6311.md?p=13-H) of [water use](/usc/42/6291.md?p=31-A) of such products, or after any such period such requirements for [low consumption](/usc/42/6291.md?p=31-H) [urinals](/usc/42/6291.md?p=31-G) are not amended to improve the [efficiency](/usc/42/6311.md?p=13-H) of [water use](/usc/42/6291.md?p=31-A) of such products, the [Secretary](/usc/42/6202.md?p=1) shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of [section 6297(c) of this title](/usc/42/6297.md?p=c) with respect to any [State](/usc/42/6202.md?p=4) regulation concerning the [water use](/usc/42/6291.md?p=31-A) or water [efficiency](/usc/42/6311.md?p=13-H) of such type or class of [water closet](/usc/42/6291.md?p=31-F) or [urinal](/usc/42/6291.md?p=31-G) if such [State](/usc/42/6202.md?p=4) regulation—
- (i) is more stringent than the standards in effect for such type or class of [water closet](/usc/42/6291.md?p=31-F) or [urinal](/usc/42/6291.md?p=31-G); and
- (ii) is applicable to any sale or installation of all products in such type or class of [water closet](/usc/42/6291.md?p=31-F) or [urinal](/usc/42/6291.md?p=31-G).
- (l) **Standards for other covered products—**
- (1) The [Secretary](/usc/42/6202.md?p=1) may prescribe an [energy conservation standard](/usc/42/6291.md?p=6) for any type (or class) of [covered products](/usc/42/6291.md?p=2) of a type specified in paragraph (20) of [section 6292(a) of this title](/usc/42/6292.md?p=a) if the requirements of subsections [(o)](#o) and [(p)](#p) are met and the [Secretary](/usc/42/6202.md?p=1) determines that—
- (A) the average per household [energy use](/usc/42/6291.md?p=4) within the [United States](/usc/42/6202.md?p=5) by products of such type (or class) exceeded 150 kilowatt-hours (or its Btu equivalent) for any 12-month period ending before such determination;
- (B) the aggregate household [energy use](/usc/42/6291.md?p=4) within the [United States](/usc/42/6202.md?p=5) by products of such type (or class) exceeded 4,200,000,000 kilowatt-hours (or its Btu equivalent) for any such 12-month period;
- (C) substantial improvement in the [energy efficiency](/usc/42/6291.md?p=5) of products of such type (or class) is technologically feasible; and
- (D) the application of a labeling rule under [section 6294 of this title](/usc/42/6294.md) to such type (or class) is not likely to be sufficient to induce [manufacturers](/usc/42/6291.md?p=12) to produce, and consumers and other [persons](/usc/42/6202.md?p=2) to purchase, [covered products](/usc/42/6291.md?p=2) of such type (or class) which achieve the maximum [energy efficiency](/usc/42/6291.md?p=5) which is technologically feasible and economically justified.
- (2) Any new or amended standard for [covered products](/usc/42/6291.md?p=2) of a type specified in paragraph (20) of [section 6292(a) of this title](/usc/42/6292.md?p=a) shall not apply to products manufactured within five years after the publication of a final rule establishing such standard.
- (3) The [Secretary](/usc/42/6202.md?p=1) may, in accordance with subsections [(o)](#o) and [(p)](#p), prescribe an [energy conservation standard](/usc/42/6291.md?p=6) for television sets. Any such standard may not become effective with respect to products manufactured before January 1, 1992.
- (4) **Energy efficiency standards for certain lamps.—**
- (A) **In general.—** The [Secretary](/usc/42/6202.md?p=1) shall prescribe an [energy efficiency](/usc/42/6291.md?p=5) standard for [rough service lamps](/usc/42/6291.md?p=30-X), [vibration service lamps](/usc/42/6291.md?p=30-AA), [3-way incandescent lamps](/usc/42/6291.md?p=30-Y), 2,601–3,300 lumen [general service incandescent lamps](/usc/42/6291.md?p=30-D-i), and [shatter-resistant lamps](/usc/42/6291.md?p=30-Z) in accordance with this paragraph.
- (B) **Benchmarks.—** Not later than 1 year after December 19, 2007, the [Secretary](/usc/42/6202.md?p=1), in consultation with the National Electrical [Manufacturers](/usc/42/6291.md?p=12) Association, shall—
- (i) collect actual data for [United States](/usc/42/6202.md?p=5) unit sales for each of calendar years 1990 through 2006 for each of the 5 types of lamps described in [subparagraph (A)](#l-4-A) to determine the historical growth rate of the type of lamp; and
- (ii) construct a model for each type of lamp based on coincident economic indicators that closely match the historical annual growth rate of the type of lamp to provide a neutral comparison benchmark to model future unit sales after calendar year 2006.
- (C) **Actual sales data.—**
- (i) **In general.—** Effective for each of calendar years 2010 through 2025, the [Secretary](/usc/42/6202.md?p=1), in consultation with the National Electrical [Manufacturers](/usc/42/6291.md?p=12) Association, shall—
- (I) collect actual [United States](/usc/42/6202.md?p=5) unit sales data for each of 5 types of lamps described in [subparagraph (A)](#l-4-A); and
- (II) not later than 90 days after the end of each calendar year, compare the lamp sales in that year with the sales predicted by the comparison benchmark for each of the 5 types of lamps described in [subparagraph (A)](#l-4-A).
- (ii) **Continuation of tracking.—**
- (I) **Determination.—** Not later than January 1, 2023, the [Secretary](/usc/42/6202.md?p=1) shall determine if actual sales data should be tracked for the [lamp types](/usc/42/6291.md?p=30-N) described in [subparagraph (A)](#l-4-A) after calendar year 2025.
- (II) **Continuation.—** If the [Secretary](/usc/42/6202.md?p=1) finds that the market share of a [lamp type](/usc/42/6291.md?p=30-N) described in [subparagraph (A)](#l-4-A) could significantly erode the market share for [general service lamps](/usc/42/6291.md?p=30-BB-i), the [Secretary](/usc/42/6202.md?p=1) shall continue to track the actual sales data for the [lamp type](/usc/42/6291.md?p=30-N).
- (D) **Rough service lamps.—**
- (i) **In general.—** Effective beginning with the first year that the reported annual sales rate for [rough service lamps](/usc/42/6291.md?p=30-X) demonstrates actual unit sales of [rough service lamps](/usc/42/6291.md?p=30-X) that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the [Secretary](/usc/42/6202.md?p=1) shall—
- (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
- (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an [energy conservation standard](/usc/42/6291.md?p=6) for [rough service lamps](/usc/42/6291.md?p=30-X).
- (ii) **Backstop requirement.—** If the [Secretary](/usc/42/6202.md?p=1) fails to complete an accelerated rulemaking in accordance with [clause (i)(II)](#l-4-D-i-II), effective beginning 1 year after the date of the issuance of the finding under [clause (i)(I)](#l-4-D-i-I), the [Secretary](/usc/42/6202.md?p=1) shall require [rough service lamps](/usc/42/6291.md?p=30-X) to—
- (I) have a shatter-proof coating or equivalent technology that is compliant with NSF/[ANSI](/usc/42/6291.md?p=31-C) 51 and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective containment over the [life](/usc/42/6291.md?p=30-P) of the lamp;
- (II) have a maximum 40-watt limitation; and
- (III) be sold at retail only in a package containing 1 lamp.
- (E) **Vibration service lamps.—**
- (i) **In general.—** Effective beginning with the first year that the reported annual sales rate for [vibration service lamps](/usc/42/6291.md?p=30-AA) demonstrates actual unit sales of [vibration service lamps](/usc/42/6291.md?p=30-AA) that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the [Secretary](/usc/42/6202.md?p=1) shall—
- (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
- (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an [energy conservation standard](/usc/42/6291.md?p=6) for [vibration service lamps](/usc/42/6291.md?p=30-AA).
- (ii) **Backstop requirement.—** If the [Secretary](/usc/42/6202.md?p=1) fails to complete an accelerated rulemaking in accordance with [clause (i)(II)](#l-4-E-i-II), effective beginning 1 year after the date of the issuance of the finding under [clause (i)(I)](#l-4-E-i-I), the [Secretary](/usc/42/6202.md?p=1) shall require [vibration service lamps](/usc/42/6291.md?p=30-AA) to—
- (I) have a maximum 40-watt limitation; and
- (II) be sold at retail only in a package containing 1 lamp.
- (F) **3-way incandescent lamps.—**
- (i) **In general.—** Effective beginning with the first year that the reported annual sales rate for [3-way incandescent lamps](/usc/42/6291.md?p=30-Y) demonstrates actual unit sales of [3-way incandescent lamps](/usc/42/6291.md?p=30-Y) that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the [Secretary](/usc/42/6202.md?p=1) shall—
- (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
- (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an [energy conservation standard](/usc/42/6291.md?p=6) for [3-way incandescent lamps](/usc/42/6291.md?p=30-Y).
- (ii) **Backstop requirement.—** If the [Secretary](/usc/42/6202.md?p=1) fails to complete an accelerated rulemaking in accordance with [clause (i)(II)](#l-4-F-i-II), effective beginning 1 year after the date of issuance of the finding under [clause (i)(I)](#l-4-F-i-I), the [Secretary](/usc/42/6202.md?p=1) shall require that—
- (I) each filament in a [3-way incandescent lamp](/usc/42/6291.md?p=30-Y) meet the new maximum wattage requirements for the respective lumen range established under [subsection (i)(1)(A)](#i-1-A)[^2] ; and
- (II) 3-way lamps be sold at retail only in a package containing 1 lamp.
- (G) **2,601–3,300 lumen general service incandescent lamps.—** Effective beginning with the first year that the reported annual sales rate demonstrates actual unit sales of 2,601–3,300 lumen [general service incandescent lamps](/usc/42/6291.md?p=30-D-i) in the lumen range of 2,601 through 3,300 lumens (or, in the case of a [modified spectrum](/usc/42/6291.md?p=30-W), in the lumen range of 1,951 through 2,475 lumens) that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the [Secretary](/usc/42/6202.md?p=1) shall impose—
- (i) a maximum 95-watt limitation on [general service incandescent lamps](/usc/42/6291.md?p=30-D-i) in the lumen range of 2,601 through 3,300 lumens; and
- (ii) a requirement that those lamps be sold at retail only in a package containing 1 lamp.
- (H) **Shatter-resistant lamps.—**
- (i) **In general.—** Effective beginning with the first year that the reported annual sales rate for [shatter-resistant lamps](/usc/42/6291.md?p=30-Z) demonstrates actual unit sales of [shatter-resistant lamps](/usc/42/6291.md?p=30-Z) that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the [Secretary](/usc/42/6202.md?p=1) shall—
- (I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
- (II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an [energy conservation standard](/usc/42/6291.md?p=6) for [shatter-resistant lamps](/usc/42/6291.md?p=30-Z).
- (ii) **Backstop requirement.—** If the [Secretary](/usc/42/6202.md?p=1) fails to complete an accelerated rulemaking in accordance with [clause (i)(II)](#l-4-H-i-II), effective beginning 1 year after the date of issuance of the finding under [clause (i)(I)](#l-4-H-i-I), the [Secretary](/usc/42/6202.md?p=1) shall impose—
- (I) a maximum wattage limitation of 40 watts on shatter resistant lamps; and
- (II) a requirement that those lamps be sold at retail only in a package containing 1 lamp.
- (I) **Rulemakings before january 1, 2025.—**
- (i) **In general.—** Except as provided in [clause (ii)](#l-4-I-ii), if the [Secretary](/usc/42/6202.md?p=1) issues a final rule prior to January 1, 2025, establishing an [energy conservation standard](/usc/42/6291.md?p=6) for any of the 5 types of lamps for which data collection is required under any of subparagraphs [(D)](#l-4-D) through [(G)](#l-4-G), the requirement to collect and model data for that type of lamp shall terminate unless, as part of the rulemaking, the [Secretary](/usc/42/6202.md?p=1) determines that continued tracking is necessary.
- (ii) **Backstop requirement.—** If the [Secretary](/usc/42/6202.md?p=1) imposes a backstop requirement as a result of a failure to complete an accelerated rulemaking in accordance with clause (i)(II) of any of subparagraphs [(D)](#l-4-D) through [(G)](#l-4-G),[^4] the requirement to collect and model data for the applicable type of lamp shall continue for an additional 2 years after the effective date of the backstop requirement.
- (m) **Amendment of standards—**
- (1) **In general—** Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the [Secretary](/usc/42/6202.md?p=1) shall publish—
- (A) a notice of the determination of the [Secretary](/usc/42/6202.md?p=1) that standards for the product do not need to be amended, based on the criteria established under [subsection (n)(2)](#n-2); or
- (B) a notice of proposed rulemaking including new proposed standards based on the criteria established under [subsection (o)](#o) and the procedures established under [subsection (p)](#p).
- (2) **Notice—** If the [Secretary](/usc/42/6202.md?p=1) publishes a notice under [paragraph (1)](#m-1), the [Secretary](/usc/42/6202.md?p=1) shall—
- (A) publish a notice stating that the analysis of the Department is publicly available; and
- (B) provide an opportunity for written comment.
- (3) **Amendment of standard; new determination—**
- (A) **Amendment of standard—** Not later than 2 years after a notice is issued under [paragraph (1)(B)](#m-1-B), the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule amending the standard for the product.
- (B) **New determination—** Not later than 3 years after a determination under [paragraph (1)(A)](#m-1-A), the [Secretary](/usc/42/6202.md?p=1) shall make a new determination and publication under subparagraph [(A)](#m-1-A) or [(B)](#m-1-B) of paragraph (1).
- (4) **Application to products—**
- (A) **In general—** Except as provided in [subparagraph (B)](#m-4-B), an amendment prescribed under this subsection shall apply to—
- (i) with respect to refrigerators, refrigerator-freezers, freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A), and kitchen ranges and ovens, such a product that is manufactured after the date that is 3 years after publication of the final rule establishing an applicable standard; and
- (ii) with respect to [central air conditioners](/usc/42/6291.md?p=21), [heat pumps](/usc/42/6291.md?p=24), [water heaters](/usc/42/6291.md?p=27), [pool heaters](/usc/42/6291.md?p=25), direct heating equipment, and [furnaces](/usc/42/6291.md?p=23), such a product that is manufactured after the date that is 5 years after publication of the final rule establishing an applicable standard.
- (B) **Other new standards—** A [manufacturer](/usc/42/6291.md?p=12) shall not be required to apply new standards to a product with respect to which other new standards have been required during the prior 6-year period.
- (5) **Reports—** The [Secretary](/usc/42/6202.md?p=1) shall promptly submit to the Committee on [Energy](/usc/42/6291.md?p=3) and [Commerce](/usc/42/6291.md?p=17) of the House of Representatives and the Committee on [Energy](/usc/42/6291.md?p=3) and Natural Resources of the Senate—
- (A) a progress report every 180 days on compliance with this section, including a specific plan to remedy any failures to comply with deadlines for action established under this section; and
- (B) all required reports to the Court or to any party to the Consent Decree in [State](/usc/42/6202.md?p=4) of New York v Bodman, Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.
- (n) **Petition for amended standard—**
- (1) With respect to each [covered product](/usc/42/6291.md?p=2) described in paragraphs [(1)](#n-1) through (11), and in paragraphs (13) and (14) of [section 6292(a) of this title](/usc/42/6292.md?p=a), any [person](/usc/42/6202.md?p=2) may petition the [Secretary](/usc/42/6202.md?p=1) to conduct a rulemaking to determine for a [covered product](/usc/42/6291.md?p=2) if the standards contained either in the last final rule required under subsections [(b)](#b) through [(i)](#i) of this section or in a final rule published under this section should be amended.
- (2) The [Secretary](/usc/42/6202.md?p=1) shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, provides an adequate basis for amending the standards under the following criteria—
- (A) amended standards will result in significant conservation of [energy](/usc/42/6291.md?p=3);
- (B) amended standards are technologically feasible; and
- (C) amended standards are cost effective as described in [subsection (o)(2)(B)(i)(II)](#o-2-B-i-II).
The grant of a petition by the [Secretary](/usc/42/6202.md?p=1) under this subsection creates no presumption with respect to the [Secretary](/usc/42/6202.md?p=1)’s determination of any of the criteria in a rulemaking under this section.
- (3) **Notice of decision.—** Not later than 180 days after the date of receiving a petition, the [Secretary](/usc/42/6202.md?p=1) shall publish in the Federal Register a notice of, and explanation for, the decision of the [Secretary](/usc/42/6202.md?p=1) to grant or deny the petition.
- (4) **New or amended standards.—** Not later than 3 years after the date of granting a petition for new or amended standards, the [Secretary](/usc/42/6202.md?p=1) shall publish in the Federal Register—
- (A) a final rule that contains the new or amended standards; or
- (B) a determination that no new or amended standards are necessary.
- (5) An amendment prescribed under this subsection shall apply to products manufactured after a date which is 5 years after—
- (A) the effective date of the previous amendment pursuant to this part; or
- (B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A), [general service fluorescent lamps](/usc/42/6291.md?p=30-B), [incandescent reflector lamps](/usc/42/6291.md?p=30-F), and kitchen ranges and ovens) or 5 years (for [central air conditioners](/usc/42/6291.md?p=21) and [heat pumps](/usc/42/6291.md?p=24), [water heaters](/usc/42/6291.md?p=27), [pool heaters](/usc/42/6291.md?p=25), direct heating equipment and [furnaces](/usc/42/6291.md?p=23)) after publication of the final rule establishing a standard.
- (o) **Criteria for prescribing new or amended standards—**
- (1) The [Secretary](/usc/42/6202.md?p=1) may not prescribe any amended standard which increases the maximum allowable [energy use](/usc/42/6291.md?p=4), or, in the case of [showerheads](/usc/42/6291.md?p=31-D), [faucets](/usc/42/6291.md?p=31-E), [water closets](/usc/42/6291.md?p=31-F), or [urinals](/usc/42/6291.md?p=31-G), [water use](/usc/42/6291.md?p=31-A), or decreases the minimum required [energy efficiency](/usc/42/6291.md?p=5), of a [covered product](/usc/42/6291.md?p=2).
- (2)
- (A) Any new or amended [energy conservation standard](/usc/42/6291.md?p=6) prescribed by the [Secretary](/usc/42/6202.md?p=1) under this section for any type (or class) of [covered product](/usc/42/6291.md?p=2) shall be designed to achieve the maximum improvement in [energy efficiency](/usc/42/6291.md?p=5), or, in the case of [showerheads](/usc/42/6291.md?p=31-D), [faucets](/usc/42/6291.md?p=31-E), [water closets](/usc/42/6291.md?p=31-F), or [urinals](/usc/42/6291.md?p=31-G), water [efficiency](/usc/42/6311.md?p=13-H), which the [Secretary](/usc/42/6202.md?p=1) determines is technologically feasible and economically justified.
- (B)
- (i) In determining whether a standard is economically justified, the [Secretary](/usc/42/6202.md?p=1) shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed its burdens by, to the greatest extent practicable, considering—
- (I) the economic impact of the standard on the [manufacturers](/usc/42/6291.md?p=12) and on the consumers of the products subject to such standard;
- (II) the savings in operating costs throughout the estimated average [life](/usc/42/6291.md?p=30-P) of the [covered product](/usc/42/6291.md?p=2) in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the [covered products](/usc/42/6291.md?p=2) which are likely to result from the imposition of the standard;
- (III) the total projected amount of [energy](/usc/42/6291.md?p=3), or as applicable, water, savings likely to result directly from the imposition of the standard;
- (IV) any lessening of the utility or the performance of the [covered products](/usc/42/6291.md?p=2) likely to result from the imposition of the standard;
- (V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard;
- (VI) the need for national [energy](/usc/42/6291.md?p=3) and water conservation; and
- (VII) other factors the [Secretary](/usc/42/6202.md?p=1) considers relevant.
- (ii) For purposes of [clause (i)(V)](#o-2-B-i-V), the Attorney General shall make a determination of the impact, if any, of any lessening of competition likely to result from such standard and shall transmit such determination, not later than 60 days after the publication of a proposed rule prescribing or amending an [energy conservation standard](/usc/42/6291.md?p=6), in writing to the [Secretary](/usc/42/6202.md?p=1), together with an analysis of the nature and extent of such impact. Any such determination and analysis shall be published by the [Secretary](/usc/42/6202.md?p=1) in the Federal Register.
- (iii) If the [Secretary](/usc/42/6202.md?p=1) finds that the additional cost to the consumer of purchasing a product complying with an [energy conservation standard](/usc/42/6291.md?p=6) level will be less than three times the value of the [energy](/usc/42/6291.md?p=3), and as applicable, water, savings during the first year that the consumer will receive as a result of the standard, as calculated under the applicable test procedure, there shall be a rebuttable presumption that such standard level is economically justified. A determination by the [Secretary](/usc/42/6202.md?p=1) that such criterion is not met shall not be taken into consideration in the [Secretary](/usc/42/6202.md?p=1)’s determination of whether a standard is economically justified.
- (3) The [Secretary](/usc/42/6202.md?p=1) may not prescribe an amended or new standard under this section for a type (or class) of [covered product](/usc/42/6291.md?p=2) if—
- (A) for products other than dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens, a test procedure has not been prescribed pursuant to [section 6293 of this title](/usc/42/6293.md) with respect to that type (or class) of product; or
- (B) the [Secretary](/usc/42/6202.md?p=1) determines, by rule, that the establishment of such standard will not result in significant conservation of [energy](/usc/42/6291.md?p=3) or, in the case of [showerheads](/usc/42/6291.md?p=31-D), [faucets](/usc/42/6291.md?p=31-E), [water closets](/usc/42/6291.md?p=31-F), or [urinals](/usc/42/6291.md?p=31-G), water, or that the establishment of such standard is not technologically feasible or economically justified.
For purposes of [section 6297 of this title](/usc/42/6297.md), a determination under [subparagraph (B)](#o-3-B) with respect to any type (or class) of [covered products](/usc/42/6291.md?p=2) shall have the same effect as would a standard prescribed for such type (or class).
- (4) The [Secretary](/usc/42/6202.md?p=1) may not prescribe an amended or new standard under this section if the [Secretary](/usc/42/6202.md?p=1) finds (and publishes such finding) that interested [persons](/usc/42/6202.md?p=2) have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the [United States](/usc/42/6202.md?p=5) in any [covered product](/usc/42/6291.md?p=2) type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the [United States](/usc/42/6202.md?p=5) at the time of the [Secretary](/usc/42/6202.md?p=1)’s finding. The failure of some types (or classes) to meet this criterion shall not affect the [Secretary](/usc/42/6202.md?p=1)’s determination of whether to prescribe a standard for other types (or classes).
- (5) The [Secretary](/usc/42/6202.md?p=1) may set more than 1 [energy conservation standard](/usc/42/6291.md?p=6) for products that serve more than 1 major function by setting 1 [energy conservation standard](/usc/42/6291.md?p=6) for each major function.
- (6) **Regional standards for furnaces, central air conditioners, and heat pumps.—**
- (A) **In general.—** In any rulemaking to establish a new or amended standard, the [Secretary](/usc/42/6202.md?p=1) may consider the establishment of separate standards by geographic region for [furnaces](/usc/42/6291.md?p=23) (except boilers), [central air conditioners](/usc/42/6291.md?p=21), and [heat pumps](/usc/42/6291.md?p=24).
- (B) **National and regional standards.—**
- (i) **National standard.—** If the [Secretary](/usc/42/6202.md?p=1) establishes a regional standard for a product, the [Secretary](/usc/42/6202.md?p=1) shall establish a [base](/usc/42/6291.md?p=30-H) national standard for the product.
- (ii) **Regional standards.—** If the [Secretary](/usc/42/6202.md?p=1) establishes a regional standard for a product, the [Secretary](/usc/42/6202.md?p=1) may establish more restrictive standards for the product by geographic region as follows:
- (I) For [furnaces](/usc/42/6291.md?p=23), the [Secretary](/usc/42/6202.md?p=1) may establish 1 additional standard that is applicable in a geographic region defined by the [Secretary](/usc/42/6202.md?p=1).
- (II) For any cooling product, the [Secretary](/usc/42/6202.md?p=1) may establish 1 or 2 additional standards that are applicable in 1 or 2 geographic regions as may be defined by the [Secretary](/usc/42/6202.md?p=1).
- (C) **Boundaries of geographic regions.—**
- (i) **In general.—** Subject to [clause (ii)](#o-6-C-ii), the boundaries of additional geographic regions established by the [Secretary](/usc/42/6202.md?p=1) under this paragraph shall include only contiguous [States](/usc/42/6202.md?p=4).
- (ii) **Alaska and hawaii.—** The [States](/usc/42/6202.md?p=4) of Alaska and Hawaii may be included under this paragraph in a geographic region that the [States](/usc/42/6202.md?p=4) are not contiguous to.
- (iii) **Individual states.—** Individual [States](/usc/42/6202.md?p=4) shall be placed only into a single region under this paragraph.
- (D) **Prerequisites.—** In establishing additional regional standards under this paragraph, the [Secretary](/usc/42/6202.md?p=1) shall—
- (i) establish additional regional standards only if the [Secretary](/usc/42/6202.md?p=1) determines that—
- (I) the establishment of additional regional standards will produce significant [energy](/usc/42/6291.md?p=3) savings in comparison to establishing only a single national standard; and
- (II) the additional regional standards are economically justified under this paragraph; and
- (ii) consider the impact of the additional regional standards on consumers, [manufacturers](/usc/42/6291.md?p=12), and other market participants, including product [distributors](/usc/42/6291.md?p=14), dealers, contractors, and installers.
- (E) **Application; effective date.—**
- (i) **Base national standard.—** Any [base](/usc/42/6291.md?p=30-H) national standard established for a product under this paragraph shall—
- (I) be the minimum standard for the product; and
- (II) apply to all products manufactured or imported into the [United States](/usc/42/6202.md?p=5) on and after the effective date for the standard.
- (ii) **Regional standards.—** Any additional and more restrictive regional standard established for a product under this paragraph shall apply to any such product installed on or after the effective date of the standard in [States](/usc/42/6202.md?p=4) in which the [Secretary](/usc/42/6202.md?p=1) has designated the standard to apply.
- (F) **Continuation of regional standards.—**
- (i) **In general.—** In any subsequent rulemaking for any product for which a regional standard has been previously established, the [Secretary](/usc/42/6202.md?p=1) shall determine whether to continue the establishment of separate regional standards for the product.
- (ii) **Regional standard no longer appropriate.—** Except as provided in [clause (iii)](#o-6-F-iii), if the [Secretary](/usc/42/6202.md?p=1) determines that regional standards are no longer appropriate for a product, beginning on the effective date of the amended standard for the product—
- (I) there shall be 1 [base](/usc/42/6291.md?p=30-H) national standard for the product with Federal enforcement; and
- (II) [State](/usc/42/6202.md?p=4) authority for enforcing a regional standard for the product shall terminate.
- (iii) **Regional standard appropriate but standard or region changed.—**
- (I) **State no longer contained in region.—** Subject to [subclause (III)](#o-6-F-iii-III), if a [State](/usc/42/6202.md?p=4) is no longer contained in a region in which a regional standard that is more stringent than the [base](/usc/42/6291.md?p=30-H) national standard applies, the authority of the [State](/usc/42/6202.md?p=4) to enforce the regional standard shall terminate.
- (II) **Standard or region revised so that existing regional standard equals base national standard.—** If the [Secretary](/usc/42/6202.md?p=1) revises a [base](/usc/42/6291.md?p=30-H) national standard for a product or the geographic definition of a region so that an existing regional standard for a [State](/usc/42/6202.md?p=4) is equal to the revised [base](/usc/42/6291.md?p=30-H) national standard—
- (aa) the authority of the [State](/usc/42/6202.md?p=4) to enforce the regional standard shall terminate on the effective date of the revised [base](/usc/42/6291.md?p=30-H) national standard; and
- (bb) the [State](/usc/42/6202.md?p=4) shall be subject to the revised [base](/usc/42/6291.md?p=30-H) national standard.
- (III) **Standard or region revised so that existing regional standard equals base national standard.—** If the [Secretary](/usc/42/6202.md?p=1) revises a [base](/usc/42/6291.md?p=30-H) national standard for a product or the geographic definition of a region so that the standard for a [State](/usc/42/6202.md?p=4) is lower than the previously approved regional standard, the [State](/usc/42/6202.md?p=4) may continue to enforce the previously approved standard level.
- (iv) **Waiver of federal preemption.—** Nothing in this paragraph diminishes the authority of a [State](/usc/42/6202.md?p=4) to enforce a [State](/usc/42/6202.md?p=4) regulation for which a waiver of Federal preemption has been granted under [section 6297(d) of this title](/usc/42/6297.md?p=d).
- (G) **Enforcement.—**
- (i) **Base national standard.—**
- (I) **In general.—** The [Secretary](/usc/42/6202.md?p=1) shall enforce any [base](/usc/42/6291.md?p=30-H) national standard.
- (II) **Trade association certification programs.—** In enforcing the [base](/usc/42/6291.md?p=30-H) national standard, the [Secretary](/usc/42/6202.md?p=1) shall use, to the maximum extent practicable, national standard nationally recognized certification programs of trade associations.
- (ii) **Regional standards.—**
- (I) **Enforcement plan.—** Not later than 90 days after the date of the issuance of a final rule that establishes a regional standard, the [Secretary](/usc/42/6202.md?p=1) shall initiate a rulemaking to develop and implement an effective enforcement plan for regional standards for the products that are covered by the final rule.
- (II) **Responsible entities.—** Any rules regarding enforcement of a regional standard shall clearly specify which entities are legally responsible for compliance with the standards and for making any required information or labeling disclosures.
- (III) **Final rule.—** Not later than 15 months after the date of the issuance of a final rule that establishes a regional standard for a product, the [Secretary](/usc/42/6202.md?p=1) shall promulgate a final rule covering enforcement of regional standards for the product.
- (IV) **Incorporation by states and localities.—** A [State](/usc/42/6202.md?p=4) or locality may incorporate any Federal regional standard into [State](/usc/42/6202.md?p=4) or local [building](/usc/42/6321.md?p=c-2) codes or [State](/usc/42/6202.md?p=4) [appliance](/usc/42/6321.md?p=c-1) standards.
- (V) **State enforcement.—** A [State agency](/usc/42/300s–3.md?p=12) may seek enforcement of a Federal regional standard in a Federal court of competent jurisdiction.
- (H) **Information disclosure.—**
- (i) **In general.—** Not later than 90 days after the date of the publication of a final rule that establishes a regional standard for a product, the Federal Trade [Commission](/usc/42/6291.md?p=18) shall undertake a rulemaking to determine the appropriate 1 or more methods for disclosing information so that consumers, [distributors](/usc/42/6291.md?p=14), contractors, and installers can easily determine whether a specific piece of equipment that is installed in a specific [building](/usc/42/6321.md?p=c-2) is in conformance with the regional standard that applies to the [building](/usc/42/6321.md?p=c-2).
- (ii) **Methods.—** A method of disclosing information under [clause (i)](#o-6-H-i) may include—
- (I) modifications to the [Energy](/usc/42/6291.md?p=3) Guide [label](/usc/42/6311.md?p=6); or
- (II) other methods that make it easy for consumers and installers to use and understand at the point of installation.
- (iii) **Completion of rulemaking.—** The rulemaking shall be completed not later 15 months after the date of the publication of a final rule that establishes a regional standard for a product.
- (p) **Procedure for prescribing new or amended standards—** Any new or amended [energy conservation standard](/usc/42/6291.md?p=6) shall be prescribed in accordance with the following procedure:
- (1) A proposed rule which prescribes an amended or new [energy conservation standard](/usc/42/6291.md?p=6) or prescribes no amendment or no new standard for a type (or class) of [covered products](/usc/42/6291.md?p=2) shall be published in the Federal Register. In prescribing any such proposed rule with respect to a standard, the [Secretary](/usc/42/6202.md?p=1) shall determine the maximum improvement in [energy efficiency](/usc/42/6291.md?p=5) or maximum reduction in [energy use](/usc/42/6291.md?p=4) that is technologically feasible for each type (or class) of [covered products](/usc/42/6291.md?p=2). If such standard is not designed to achieve such [efficiency](/usc/42/6311.md?p=13-H) or use, the [Secretary](/usc/42/6202.md?p=1) shall [state](/usc/42/6202.md?p=4) in the proposed rule the reasons therefor.
- (2) After the publication of such proposed rulemaking, the [Secretary](/usc/42/6202.md?p=1) shall, in accordance with [section 6306 of this title](/usc/42/6306.md), afford interested [persons](/usc/42/6202.md?p=2) an opportunity, during a period of not less than 60 days, to present oral and written comments (including an opportunity to question those who make such presentations, as provided in such section) on matters relating to such proposed rule, including—
- (A) whether the standard to be prescribed is economically justified (taking into account those factors which the [Secretary](/usc/42/6202.md?p=1) must consider under [subsection (o)(2)](#o-2)) or will result in the effects described in [subsection (o)(4)](#o-4);
- (B) whether the standard will achieve the maximum improvement in [energy efficiency](/usc/42/6291.md?p=5) which is technologically feasible;
- (C) if the standard will not achieve such improvement, whether the reasons for not achieving such improvement are adequate; and
- (D) whether such rule should prescribe a level of [energy use](/usc/42/6291.md?p=4) or [efficiency](/usc/42/6311.md?p=13-H) which is higher or lower than that which would otherwise apply in the case of any group of products within the type (or class) that will be subject to such standard.
- (3) A final rule prescribing an amended or new [energy conservation standard](/usc/42/6291.md?p=6) or prescribing no amended or new standard for a type (or class) of [covered products](/usc/42/6291.md?p=2) shall be published as soon as is practicable, but not less than 90 days, after publication of the proposed rule in the Federal Register.
- (4) **Direct final rules.—**
- (A) **In general.—** On receipt of a statement that is submitted jointly by interested [persons](/usc/42/6202.md?p=2) that are fairly representative of relevant points of view (including representatives of [manufacturers](/usc/42/6291.md?p=12) of [covered products](/usc/42/6291.md?p=2), [States](/usc/42/6202.md?p=4), and [efficiency](/usc/42/6311.md?p=13-H) advocates), as determined by the [Secretary](/usc/42/6202.md?p=1), and contains recommendations with respect to an [energy](/usc/42/6291.md?p=3) or water conservation standard—
- (i) if the [Secretary](/usc/42/6202.md?p=1) determines that the recommended standard contained in the statement is in accordance with [subsection (o)](#o) or [section 6313(a)(6)(B) of this title](/usc/42/6313.md?p=a-6-B), as applicable, the [Secretary](/usc/42/6202.md?p=1) may issue a final rule that establishes an [energy](/usc/42/6291.md?p=3) or water conservation standard and is published simultaneously with a notice of proposed rulemaking that proposes a new or amended [energy](/usc/42/6291.md?p=3) or water conservation standard that is identical to the standard established in the final rule to establish the recommended standard (referred to in this paragraph as a “direct final rule”); or
- (ii) if the [Secretary](/usc/42/6202.md?p=1) determines that a direct final rule cannot be issued based on the statement, the [Secretary](/usc/42/6202.md?p=1) shall publish a notice of the determination, together with an explanation of the reasons for the determination.
- (B) **Public comment.—** The [Secretary](/usc/42/6202.md?p=1) shall solicit public comment for a period of at least 110 days with respect to each direct final rule issued by the [Secretary](/usc/42/6202.md?p=1) under [subparagraph (A)(i)](#p-4-A-i).
- (C) **Withdrawal of direct final rules.—**
- (i) **In general.—** Not later than 120 days after the date on which a direct final rule issued under [subparagraph (A)(i)](#p-4-A-i) is published in the Federal Register, the [Secretary](/usc/42/6202.md?p=1) shall withdraw the direct final rule if—
- (I) the [Secretary](/usc/42/6202.md?p=1) receives 1 or more adverse public comments relating to the direct final rule under subparagraph (B)(i)[^5] or any alternative joint recommendation; and
- (II) based on the rulemaking record relating to the direct final rule, the [Secretary](/usc/42/6202.md?p=1) determines that such adverse public comments or alternative joint recommendation may provide a reasonable basis for withdrawing the direct final rule under [subsection (o)](#o), [section 6313(a)(6)(B) of this title](/usc/42/6313.md?p=a-6-B), or any other applicable law.
- (ii) **Action on withdrawal.—** On withdrawal of a direct final rule under [clause (i)](#p-4-C-i), the [Secretary](/usc/42/6202.md?p=1) shall—
- (I) proceed with the notice of proposed rulemaking published simultaneously with the direct final rule as described in [subparagraph (A)(i)](#p-4-A-i); and
- (II) publish in the Federal Register the reasons why the direct final rule was withdrawn.
- (iii) **Treatment of withdrawn direct final rules.—** A direct final rule that is withdrawn under [clause (i)](#p-4-C-i) shall not be considered to be a final rule for purposes of [subsection (o)](#o).
- (D) **Effect of paragraph.—** Nothing in this paragraph authorizes the [Secretary](/usc/42/6202.md?p=1) to issue a direct final rule based solely on receipt of more than 1 statement containing recommended standards relating to the direct final rule.
- (q) **Special rule for certain types or classes of products—**
- (1) A rule prescribing an [energy conservation standard](/usc/42/6291.md?p=6) for a type (or class) of [covered products](/usc/42/6291.md?p=2) shall specify a level of [energy use](/usc/42/6291.md?p=4) or [efficiency](/usc/42/6311.md?p=13-H) higher or lower than that which applies (or would apply) for such type (or class) for any group of [covered products](/usc/42/6291.md?p=2) which have the same function or intended use, if the [Secretary](/usc/42/6202.md?p=1) determines that [covered products](/usc/42/6291.md?p=2) within such group—
- (A) consume a different kind of [energy](/usc/42/6291.md?p=3) from that consumed by other [covered products](/usc/42/6291.md?p=2) within such type (or class); or
- (B) have a capacity or other performance-related feature which other products within such type (or class) do not have and such feature justifies a higher or lower standard from that which applies (or will apply) to other products within such type (or class).
In making a determination under this paragraph concerning whether a performance-related feature justifies the establishment of a higher or lower standard, the [Secretary](/usc/42/6202.md?p=1) shall consider such factors as the utility to the consumer of such a feature, and such other factors as the [Secretary](/usc/42/6202.md?p=1) deems appropriate.
- (2) Any rule prescribing a higher or lower level of [energy use](/usc/42/6291.md?p=4) or [efficiency](/usc/42/6311.md?p=13-H) under [paragraph (1)](#q-1) shall include an explanation of the basis on which such higher or lower level was established.
- (r) **Inclusion in standards of test procedures and other requirements—** Any new or amended [energy conservation standard](/usc/42/6291.md?p=6) prescribed under this section shall include, where applicable, test procedures prescribed in accordance with [section 6293 of this title](/usc/42/6293.md) and may include any requirement which the [Secretary](/usc/42/6202.md?p=1) determines is necessary to assure that each [covered product](/usc/42/6291.md?p=2) to which such standard applies meets the required minimum level of [energy efficiency](/usc/42/6291.md?p=5) or maximum quantity of [energy use](/usc/42/6291.md?p=4) specified in such standard.
- (s) **Determination of compliance with standards—** Compliance with, and performance under, the [energy conservation standards](/usc/42/6291.md?p=6) (except for design standards authorized by this part) established in, or prescribed under, this section shall be determined using the test procedures and corresponding compliance criteria prescribed under [section 6293 of this title](/usc/42/6293.md).
- (t) **Small manufacturer exemption—**
- (1) Subject to [paragraph (2)](#t-2), the [Secretary](/usc/42/6202.md?p=1) may, on application of any [manufacturer](/usc/42/6291.md?p=12), exempt such [manufacturer](/usc/42/6291.md?p=12) from all or part of the requirements of any [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under this section for any period not longer than the 24-month period beginning on the date such rule becomes effective, if the [Secretary](/usc/42/6202.md?p=1) finds that the annual gross revenues of such [manufacturer](/usc/42/6291.md?p=12) from all its operations (including the [manufacture](/usc/42/6291.md?p=10) and sale of [covered products](/usc/42/6291.md?p=2)) does not exceed $8,000,000 for the 12-month period preceding the date of the application. In making such finding with respect to any [manufacturer](/usc/42/6291.md?p=12), the [Secretary](/usc/42/6202.md?p=1) shall take into account the annual gross revenues of any other [person](/usc/42/6202.md?p=2) who controls, is controlled by, or is under common control with, such [manufacturer](/usc/42/6291.md?p=12).
- (2) The [Secretary](/usc/42/6202.md?p=1) may not exercise the authority granted under [paragraph (1)](#t-1) with respect to any type (or class) of [covered product](/usc/42/6291.md?p=2) subject to an [energy conservation standard](/usc/42/6291.md?p=6) under this section unless the [Secretary](/usc/42/6202.md?p=1) makes a finding, after obtaining the written views of the Attorney General, that a failure to allow an exemption under [paragraph (1)](#t-1) would likely result in a lessening of competition.
- (u) **Battery charger and external power supply electric energy consumption—**
- (1)
- (A) Not later than 18 months after August 8, 2005, the [Secretary](/usc/42/6202.md?p=1) shall, after providing notice and an opportunity for comment, prescribe, by rule, definitions and test procedures for the power use of [battery chargers](/usc/42/6291.md?p=32) and [external power supplies](/usc/42/6291.md?p=36-A-i).
- (B) In establishing the test procedures under [subparagraph (A)](#u-1-A), the [Secretary](/usc/42/6202.md?p=1) shall—
- (i) consider existing definitions and test procedures used for measuring [energy](/usc/42/6291.md?p=3) consumption in [standby mode](/usc/42/6291.md?p=41) and other modes; and
- (ii) assess the current and projected future market for [battery chargers](/usc/42/6291.md?p=32) and [external power supplies](/usc/42/6291.md?p=36-A-i).
- (C) The assessment under [subparagraph (B)(ii)](#u-1-B-ii) shall include—
- (i) estimates of the significance of potential [energy](/usc/42/6291.md?p=3) savings from technical improvements to [battery chargers](/usc/42/6291.md?p=32) and [external power supplies](/usc/42/6291.md?p=36-A-i); and
- (ii) suggested product classes for [energy conservation standards](/usc/42/6291.md?p=6).
- (D) Not later than 18 months after August 8, 2005, the [Secretary](/usc/42/6202.md?p=1) shall hold a scoping workshop to discuss and receive comments on plans for developing [energy conservation standards](/usc/42/6291.md?p=6) for [energy use](/usc/42/6291.md?p=4) for [battery chargers](/usc/42/6291.md?p=32) and [external power supplies](/usc/42/6291.md?p=36-A-i).
- (E) **External power supplies and battery chargers.—**
- (i) **Energy conservation standards.—**
- (I) **External power supplies.—** Not later than 2 years after August 8, 2005, the [Secretary](/usc/42/6202.md?p=1) shall issue a final rule that determines whether [energy conservation standards](/usc/42/6291.md?p=6) shall be issued for [external power supplies](/usc/42/6291.md?p=36-A-i) or classes of [external power supplies](/usc/42/6291.md?p=36-A-i).
- (II) **Battery chargers.—** Not later than July 1, 2011, the [Secretary](/usc/42/6202.md?p=1) shall issue a final rule that prescribes [energy conservation standards](/usc/42/6291.md?p=6) for [battery chargers](/usc/42/6291.md?p=32) or classes of [battery chargers](/usc/42/6291.md?p=32) or determine that no [energy conservation standard](/usc/42/6291.md?p=6) is technically feasible and economically justified.
- (ii) For each product class, any [energy conservation standards](/usc/42/6291.md?p=6) issued under [clause (i)](#u-1-E-i) shall be set at the lowest level of [energy use](/usc/42/6291.md?p=4) that—
- (I) meets the criteria and procedures of subsections [(o)](#o), [(p)](#p), [(q)](#q), [(r)](#r), [(s)](#s), and [(t)](#t); and
- (II) would result in significant overall annual [energy](/usc/42/6291.md?p=3) savings, considering [standby mode](/usc/42/6291.md?p=41) and other operating modes.
- (2) The [Secretary](/usc/42/6202.md?p=1) and the [Administrator](/usc/42/6341.md?p=1) shall collaborate and develop programs (including programs under [section 6294a of this title](/usc/42/6294a.md) and other voluntary industry agreements or codes of conduct) that are designed to reduce [standby mode](/usc/42/6291.md?p=41) [energy use](/usc/42/6291.md?p=4).
- (3) **Efficiency standards for class a external power supplies.—**
- (A) **In general.—** Subject to subparagraphs [(B)](#u-3-B) through [(E)](#u-3-E), a [class A external power supply](/usc/42/6291.md?p=36-C-i) manufactured on or after the later of July 1, 2008, or December 19, 2007, shall meet the following standards:
| [Active Mode](/usc/42/6291.md?p=36-B) | |
| --- | --- |
| Nameplate Output | Required [Efficiency](/usc/42/6311.md?p=13-H)
(decimal equivalent of a percentage) |
| Less than 1 watt | 0.5 times the Nameplate Output |
| From 1 watt to not more than 51 watts | The sum of 0.09 times the Natural Logarithm of the Nameplate Output and 0.5 |
| Greater than 51 watts | 0.85 |
| [No-Load Mode](/usc/42/6291.md?p=36-D) | |
| Nameplate Output | Maximum Consumption |
| Not more than 250 watts | 0.5 watts |
- (B) **Noncovered supplies.—** A [class A external power supply](/usc/42/6291.md?p=36-C-i) shall not be subject to [subparagraph (A)](#u-3-A) if the [class A external power supply](/usc/42/6291.md?p=36-C-i) is—
- (i) manufactured during the period beginning on July 1, 2008, and ending on June 30, 2015; and
- (ii) made available by the [manufacturer](/usc/42/6291.md?p=12) as a service part or a spare part for an end-use product—
- (I) that constitutes the primary load; and
- (II) was manufactured before July 1, 2008.
- (C) **Marking.—** Any [class A external power supply](/usc/42/6291.md?p=36-C-i) manufactured on or after the later of July 1, 2008 or December 19, 2007, shall be clearly and permanently marked in accordance with the [External Power Supply](/usc/42/6291.md?p=36-A-i) International [Efficiency](/usc/42/6311.md?p=13-H) Marking Protocol, as referenced in the “[Energy](/usc/42/6291.md?p=3) Star Program Requirements for Single Voltage External AC–DC and AC–AC Power Supplies, version 1.1” published by the Environmental Protection [Agency](/usc/42/8262.md?p=1).
- (D) **Amendment of standards.—**
- (i) **Final rule by july 1, 2011.—**
- (I) **In general.—** Not later than July 1, 2011, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule to determine whether the standards established under [subparagraph (A)](#u-3-A) should be amended.
- (II) **Administration.—** The final rule shall—
- (aa) contain any amended standards; and
- (bb) apply to products manufactured on or after July 1, 2013.
- (ii) **Final rule by july 1, 2021.—**
- (I) **In general.—** Not later than July 1, 2021 the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule to determine whether the standards then in effect should be amended.
- (II) **Administration.—** The final rule shall—
- (aa) contain any amended standards; and
- (bb) apply to products manufactured on or after July 1, 2023.
- (E) **Nonapplication of no-load mode energy efficiency standards to external power supplies for certain security or life safety alarms or surveillance systems.—**
- (i) **Definition of security or life safety alarm or surveillance system.—** In this subparagraph:
- (I) **In general.—** The term “security or [life](/usc/42/6291.md?p=30-P) safety alarm or surveillance system” means equipment designed and marketed to perform any of the following functions (on a continuous basis):
- (aa) Monitor, detect, record, or provide notification of intrusion or access to real property or physical assets or notification of threats to [life](/usc/42/6291.md?p=30-P) safety.
- (bb) Deter or control access to real property or physical assets, or prevent the unauthorized removal of physical assets.
- (cc) Monitor, detect, record, or provide notification of fire, gas, smoke, flooding, or other physical threats to real property, physical assets, or [life](/usc/42/6291.md?p=30-P) safety.
- (II) **Exclusion.—** The term “security or [life](/usc/42/6291.md?p=30-P) safety alarm or surveillance system” does not include any product with a principal function other than [life](/usc/42/6291.md?p=30-P) safety, security, or surveillance that—
- (aa) is designed and marketed with a built-in alarm or theft-deterrent feature; or
- (bb) does not operate necessarily and continuously in [active mode](/usc/42/6291.md?p=36-B).
- (ii) **Nonapplication of no-load mode requirements.—** The [No-Load Mode](/usc/42/6291.md?p=36-D) [energy efficiency](/usc/42/6291.md?p=5) standards established by this paragraph shall not apply to an [external power supply](/usc/42/6291.md?p=36-A-i) manufactured before the effective date of the amendment under [subparagraph (D)(ii)](#u-3-D-ii) that—
- (I) is an AC-to-AC [external power supply](/usc/42/6291.md?p=36-A-i);
- (II) has a nameplate output of 20 watts or more;
- (III) is certified to the [Secretary](/usc/42/6202.md?p=1) as being designed to be connected to a security or [life](/usc/42/6291.md?p=30-P) safety alarm or surveillance system component; and
- (IV) on establishment within the [External Power Supply](/usc/42/6291.md?p=36-A-i) International [Efficiency](/usc/42/6311.md?p=13-H) Marking Protocol, as referenced in the “[Energy](/usc/42/6291.md?p=3) Star Program Requirements for Single Voltage External Ac–Dc and Ac–Ac Power Supplies”, published by the Environmental Protection [Agency](/usc/42/8262.md?p=1), of a distinguishing mark for products described in this clause, is permanently marked with the distinguishing mark.
- (iii) **Administration.—** In carrying out this subparagraph, the [Secretary](/usc/42/6202.md?p=1) shall—
- (I) require, with appropriate safeguard for the protection of confidential business information, the submission of unit shipment data on an annual basis; and
- (II) restrict the eligibility of [external power supplies](/usc/42/6291.md?p=36-A-i) for the exemption provided under this subparagraph on a finding that a substantial number of the [external power supplies](/usc/42/6291.md?p=36-A-i) are being marketed to or installed in applications other than security or [life](/usc/42/6291.md?p=30-P) safety alarm or surveillance systems.
- (iv) **Treatment in rule.—** In the rule under [subparagraph (D)(ii)](#u-3-D-ii) and subsequent amendments the [Secretary](/usc/42/6202.md?p=1) may treat some or all [external power supplies](/usc/42/6291.md?p=36-A-i) designed to be connected to a security or [life](/usc/42/6291.md?p=30-P) safety alarm or surveillance system as a separate product class or may extend the nonapplication under [clause (ii)](#u-3-E-ii).
- (4) **End-use products.—** An [energy conservation standard](/usc/42/6291.md?p=6) for [external power supplies](/usc/42/6291.md?p=36-A-i) shall not constitute an [energy conservation standard](/usc/42/6291.md?p=6) for the separate end-use product to which the [external power supply](/usc/42/6291.md?p=36-A-i) is connected.
- (5) **Exempt supplies.—**
- (A) **February 10, 2014, rule.—**
- (i) **In general.—** An [external power supply](/usc/42/6291.md?p=36-A-i) shall not be subject to the final rule entitled “[Energy](/usc/42/6291.md?p=3) Conservation Program: [Energy Conservation Standards](/usc/42/6291.md?p=6) for [External Power Supplies](/usc/42/6291.md?p=36-A-i)”, published at 79 Fed. Reg. 7845 (February 10, 2014), if the [external power supply](/usc/42/6291.md?p=36-A-i)—
- (I) is manufactured during the period beginning on February 10, 2016, and ending on February 10, 2020;
- (II) is marked in accordance with the [External Power Supply](/usc/42/6291.md?p=36-A-i) International [Efficiency](/usc/42/6311.md?p=13-H) Marking Protocol, as in effect on February 10, 2016;
- (III) meets, where applicable, the standards under [paragraph (3)(A)](#u-3-A), and has been certified to the [Secretary](/usc/42/6202.md?p=1) as meeting International [Efficiency](/usc/42/6311.md?p=13-H) Level IV or higher of the [External Power Supply](/usc/42/6291.md?p=36-A-i) International [Efficiency](/usc/42/6311.md?p=13-H) Marking Protocol, as in effect on February 10, 2016; and
- (IV) is made available by the [manufacturer](/usc/42/6291.md?p=12) as a service part or a spare part for an end-use product that—
- (aa) constitutes the primary load; and
- (bb) was manufactured before February 10, 2016.
- (ii) **Reporting.—** The [Secretary](/usc/42/6202.md?p=1) may require [manufacturers](/usc/42/6291.md?p=12) of products exempted pursuant to [clause (i)](#u-5-A-i) to report annual total units shipped as service and spare parts that fall below International [Efficiency](/usc/42/6311.md?p=13-H) Level VI.
- (iii) **Limitation of exemption.—** The [Secretary](/usc/42/6202.md?p=1) may issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of the exemption established under [clause (i)](#u-5-A-i) if the [Secretary](/usc/42/6202.md?p=1) determines that the exemption is resulting in a significant reduction of the [energy](/usc/42/6291.md?p=3) savings that would otherwise result from the final rule described in such clause.
- (B) **Amended standards.—**
- (i) **In general.—** The [Secretary](/usc/42/6202.md?p=1) may exempt an [external power supply](/usc/42/6291.md?p=36-A-i) from any amended standard under this subsection if the [external power supply](/usc/42/6291.md?p=36-A-i)—
- (I) is manufactured within four years of the compliance date of the amended standard;
- (II) complies with applicable marking requirements adopted by the [Secretary](/usc/42/6202.md?p=1) prior to the amendment;
- (III) meets the standards that were in effect prior to the amendment; and
- (IV) is made available by the [manufacturer](/usc/42/6291.md?p=12) as a service part or a spare part for an end-use product that—
- (aa) constitutes the primary load; and
- (bb) was manufactured before the compliance date of the amended standard.
- (ii) **Reporting.—** The [Secretary](/usc/42/6202.md?p=1) may require [manufacturers](/usc/42/6291.md?p=12) of a product exempted pursuant to [clause (i)](#u-5-B-i) to report annual total units shipped as service and spare parts that do not meet the amended standard.
- (v) **Refrigerated beverage vending machines—**
- (1) Not later than 4 years after August 8, 2005, the [Secretary](/usc/42/6202.md?p=1) shall prescribe, by rule, [energy conservation standards](/usc/42/6291.md?p=6) for refrigerated bottle or canned beverage vending machines.
- (2) In establishing [energy conservation standards](/usc/42/6291.md?p=6) under this subsection, the [Secretary](/usc/42/6202.md?p=1) shall use the criteria and procedures prescribed under subsections [(o)](#o) and [(p)](#p).
- (3) Any [energy conservation standard](/usc/42/6291.md?p=6) prescribed under this subsection shall apply to products manufactured 3 years after the date of publication of a final rule establishing the [energy conservation standard](/usc/42/6291.md?p=6).
- (w) **Illuminated exit signs—** An [illuminated exit sign](/usc/42/6291.md?p=37) manufactured on or after January 1, 2006, shall meet the version 2.0 [Energy](/usc/42/6291.md?p=3) Star Program performance requirements for [illuminated exit signs](/usc/42/6291.md?p=37) prescribed by the Environmental Protection [Agency](/usc/42/8262.md?p=1).
- (x) **Torchieres—** A [torchiere](/usc/42/6291.md?p=42) manufactured on or after January 1, 2006—
- (1) shall consume not more than 190 watts of power; and
- (2) shall not be capable of operating with lamps that total more than 190 watts.
- (y) **Low voltage dry-type distribution transformers—** The [efficiency](/usc/42/6311.md?p=13-H) of a low voltage dry-type [distribution transformer](/usc/42/6291.md?p=35-A) manufactured on or after January 1, 2007, shall be the Class I [Efficiency](/usc/42/6311.md?p=13-H) Levels for [distribution transformers](/usc/42/6291.md?p=35-A) specified in table 4–2 of the “Guide for Determining [Energy Efficiency](/usc/42/6291.md?p=5) for [Distribution Transformers](/usc/42/6291.md?p=35-A)” published by the National Electrical [Manufacturers](/usc/42/6291.md?p=12) Association ([NEMA](/usc/42/6311.md?p=16) TP–1–2002).
- (z) **Traffic signal modules and pedestrian modules—** Any [traffic signal module](/usc/42/6291.md?p=43) or [pedestrian module](/usc/42/6291.md?p=39) manufactured on or after January 1, 2006, shall—
- (1) meet the performance requirements used under the [Energy](/usc/42/6291.md?p=3) Star program of the Environmental Protection [Agency](/usc/42/8262.md?p=1) for traffic signals, as in effect on August 8, 2005; and
- (2) be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems.
- (aa) **Unit heaters—** A [unit heater](/usc/42/6291.md?p=45-A) manufactured on or after the date that is 3 years after August 8, 2005, shall—
- (1) be equipped with an intermittent ignition device; and
- (2) have power venting or an automatic flue damper.
- (bb) **Medium base compact fluorescent lamps—**
- (1) A bare lamp and covered lamp (no reflector) [medium base compact fluorescent lamp](/usc/42/6291.md?p=30-S-i) manufactured on or after January 1, 2006, shall meet the following requirements prescribed by the August 9, 2001, version of the [Energy](/usc/42/6291.md?p=3) Star Program Requirements for [Compact](/usc/42/2021b.md?p=4) [Fluorescent Lamps](/usc/42/6291.md?p=30-A), [Energy](/usc/42/6291.md?p=3) Star Eligibility Criteria, [Energy](/usc/42/6291.md?p=3)-[Efficiency](/usc/42/6311.md?p=13-H) Specification issued by the Environmental Protection [Agency](/usc/42/8262.md?p=1) and Department of [Energy](/usc/42/6291.md?p=3):
- (A) Minimum initial efficacy.
- (B) Lumen maintenance at 1000 hours.
- (C) Lumen maintenance at 40 percent of rated [life](/usc/42/6291.md?p=30-P).
- (D) Rapid cycle stress test.
- (E) Lamp [life](/usc/42/6291.md?p=30-P).
- (2) The [Secretary](/usc/42/6202.md?p=1) may, by rule, establish requirements for color quality ([CRI](/usc/42/6291.md?p=30-J)), [power factor](/usc/42/6291.md?p=29-I), operating frequency, and maximum allowable start time based on the requirements prescribed by the August 9, 2001, version of the [Energy](/usc/42/6291.md?p=3) Star Program Requirements for [Compact](/usc/42/2021b.md?p=4) [Fluorescent Lamps](/usc/42/6291.md?p=30-A).
- (3) The [Secretary](/usc/42/6202.md?p=1) may, by rule—
- (A) revise the requirements established under [paragraph (2)](#bb-2); or
- (B) establish other requirements, after considering [energy](/usc/42/6291.md?p=3) savings, cost effectiveness, and consumer satisfaction.
- (cc) **Dehumidifiers—**
- (1) [Dehumidifiers](/usc/42/6291.md?p=34) manufactured on or after October 1, 2007, shall have an [Energy](/usc/42/6291.md?p=3) Factor that meets or exceeds the following values:
| Product Capacity (pints/day): | Minimum [Energy](/usc/42/6291.md?p=3) Factor (Liters/kWh) |
| --- | --- |
| 25.00 or less | 1.00 |
| 25.01 – 35.00 | 1.20 |
| 35.01 – 54.00 | 1.30 |
| 54.01 – 74.99 | 1.50 |
| 75.00 or more | 2.25. |
- (2) **Dehumidifiers manufactured on or after october 1, 2012.—** [Dehumidifiers](/usc/42/6291.md?p=34) manufactured on or after October 1, 2012, shall have an [Energy](/usc/42/6291.md?p=3) Factor that meets or exceeds the following values:
| Product Capacity (pints/day): | Minimum [Energy](/usc/42/6291.md?p=3) Factor (liters/kWh) |
| --- | --- |
| Up to 35.00 | 1.35 |
| 35.01–45.00 | 1.50 |
| 45.01–54.00 | 1.60 |
| 54.01–75.00 | 1.70 |
| Greater than 75.00 | 2.5. |
- (dd) **Commercial prerinse spray valves—** [Commercial prerinse spray valves](/usc/42/6291.md?p=33-A) manufactured on or after January 1, 2006, shall have a flow rate of not more than 1.6 gallons per minute.
- (ee) **Mercury vapor lamp ballasts—** [Mercury vapor lamp ballasts](/usc/42/6291.md?p=48) (other than [specialty application mercury vapor lamp ballasts](/usc/42/6291.md?p=53)) shall not be manufactured or imported after January 1, 2008.
- (ff) **Ceiling fans and ceiling fan light kits—**
- (1)
- (A) All [ceiling fans](/usc/42/6291.md?p=49) manufactured on or after January 1, 2007, shall have the following features:
- (i) Fan speed controls separate from any lighting controls.
- (ii) Adjustable speed controls (either more than 1 speed or variable speed).
- (iii) The capability of reversible fan action, except for—
- (I) fans sold for industrial applications;
- (II) fans sold for outdoor applications; and
- (III) cases in which safety standards would be violated by the use of the reversible mode.
- (B) The [Secretary](/usc/42/6202.md?p=1) may define the exceptions described in clause (iv) in greater detail, but shall not substantively expand the exceptions.
- (2)
- (A) [Ceiling fan light kits](/usc/42/6291.md?p=50) with [medium screw base](/usc/42/6291.md?p=51) sockets manufactured on or after January 1, 2007, shall be packaged with screw-based lamps to fill all screw [base](/usc/42/6291.md?p=30-H) sockets.
- (B) The screw-based lamps required under [subparagraph (A)](#ff-2-A) shall—
- (i) meet the [Energy](/usc/42/6291.md?p=3) Star Program Requirements for [Compact](/usc/42/2021b.md?p=4) [Fluorescent Lamps](/usc/42/6291.md?p=30-A), version 3.0, issued by the Department of [Energy](/usc/42/6291.md?p=3); or
- (ii) use light sources other than [compact](/usc/42/2021b.md?p=4) [fluorescent lamps](/usc/42/6291.md?p=30-A) that have lumens per watt performance at least equivalent to comparably configured [compact](/usc/42/2021b.md?p=4) [fluorescent lamps](/usc/42/6291.md?p=30-A) meeting the [Energy](/usc/42/6291.md?p=3) Star Program Requirements described in [clause (i)](#ff-2-B-i).
- (3) [Ceiling fan light kits](/usc/42/6291.md?p=50) with pin-based sockets for [fluorescent lamps](/usc/42/6291.md?p=30-A) manufactured on or after January 1, 2007 shall—
- (A) meet the [Energy](/usc/42/6291.md?p=3) Star Program Requirements for Residential Light Fixtures version 4.0 issued by the Environmental Protection [Agency](/usc/42/8262.md?p=1); and
- (B) be packaged with lamps to fill all sockets.
- (4)
- (A) By January 1, 2007, the [Secretary](/usc/42/6202.md?p=1) shall consider and issue requirements for any [ceiling fan](/usc/42/6291.md?p=49) lighting kits other than those covered in paragraphs [(2)](#ff-2) and [(3)](#ff-3), including candelabra screw [base](/usc/42/6291.md?p=30-H) sockets.
- (B) The requirements issued under [subparagraph (A)](#ff-4-A) shall be effective for products manufactured 2 years after the date of the final rule.
- (C) If the [Secretary](/usc/42/6202.md?p=1) fails to issue a final rule by the date specified in [subparagraph (A)](#ff-4-A), any type of [ceiling fan](/usc/42/6291.md?p=49) lighting kit described in [subparagraph (A)](#ff-4-A) that is manufactured after January 1, 2009—
- (i) shall not be capable of operating with lamps that total more than 190 watts; and
- (ii) shall be packaged with lamps to fill all sockets.
- (5)
- (A) After January 1, 2010, the [Secretary](/usc/42/6202.md?p=1) may consider, and issue, if the requirements of subsections [(o)](#o) and [(p)](#p) are met, amended [energy efficiency](/usc/42/6291.md?p=5) standards for [ceiling fan light kits](/usc/42/6291.md?p=50).
- (B) Any amended standards issued under [subparagraph (A)](#ff-5-A) shall apply to products manufactured not earlier than 2 years after the date of publication of the final rule establishing the amended standard.
- (6)
- (A) Notwithstanding any other provision of this chapter, the [Secretary](/usc/42/6202.md?p=1) may consider, and issue, if the requirements of subsections [(o)](#o) and [(p)](#p) are met, [energy efficiency](/usc/42/6291.md?p=5) or [energy use](/usc/42/6291.md?p=4) standards for electricity used by [ceiling fans](/usc/42/6291.md?p=49) to circulate air in a room.
- (B) In issuing the standards under [subparagraph (A)](#ff-6-A), the [Secretary](/usc/42/6202.md?p=1) shall consider—
- (i) exempting, or setting different standards for, certain product classes for which the primary standards are not technically feasible or economically justified; and
- (ii) establishing separate exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.
- (C)
- (i) Large-diameter [ceiling fans](/usc/42/6291.md?p=49) manufactured on or after January 21, 2020, shall—
- (I) not be required to meet minimum [ceiling fan](/usc/42/6291.md?p=49) [efficiency](/usc/42/6311.md?p=13-H) in terms of ratio of the total airflow to the total power consumption as described in the final rule titled “[Energy](/usc/42/6291.md?p=3) Conservation Program: [Energy Conservation Standards](/usc/42/6291.md?p=6) for [Ceiling Fans](/usc/42/6291.md?p=49)” (82 Fed. Reg. 6826 (January 19, 2017)); and
- (II) have a CFEI greater than or equal to—
- (aa) 1.00 at high speed; and
- (bb) 1.31 at 40 percent speed or the nearest speed that is not less than 40 percent speed.
- (ii) For purposes of this subparagraph, the term “CFEI” means the Fan [Energy](/usc/42/6291.md?p=3) Index for large-diameter [ceiling fans](/usc/42/6291.md?p=49), calculated in accordance with [ANSI](/usc/42/6291.md?p=31-C)/AMCA Standard 208–18 titled “Calculation of the Fan [Energy](/usc/42/6291.md?p=3) Index”, with the following modifications:
- (I) Using an Airflow Constant (Q0) of 26,500 cubic feet per minute.
- (II) Using a Pressure Constant (P0) of 0.0027 inches water gauge.
- (III) Using a Fan [Efficiency](/usc/42/6311.md?p=13-H) Constant (η0) of 42 percent.
- (7) [Section 6297 of this title](/usc/42/6297.md) shall apply to the products covered in paragraphs [(1)](#ff-1) through [(4)](#ff-4) beginning on August 8, 2005, except that any [State](/usc/42/6202.md?p=4) or local labeling requirement for [ceiling fans](/usc/42/6291.md?p=49) prescribed or enacted before August 8, 2005, shall not be preempted until the labeling requirements applicable to [ceiling fans](/usc/42/6291.md?p=49) established under [section 6294 of this title](/usc/42/6294.md) take effect.
- (gg) **Standby mode energy use—**
- (1) **Definitions—**
- (A) **In general—** Unless the [Secretary](/usc/42/6202.md?p=1) determines otherwise pursuant to [subparagraph (B)](#gg-1-B), in this subsection:
- (i) **Active mode—** The term “[active mode](/usc/42/6291.md?p=36-B)” means the condition in which an [energy](/usc/42/6291.md?p=3)-using product—
- (I) is connected to a main power source;
- (II) has been activated; and
- (III) provides 1 or more main functions.
- (ii) **Off mode—** The term “off mode” means the condition in which an [energy](/usc/42/6291.md?p=3)-using product—
- (I) is connected to a main power source; and
- (II) is not providing any standby or [active mode](/usc/42/6291.md?p=36-B) function.
- (iii) **Standby mode—** The term “[standby mode](/usc/42/6291.md?p=41)” means the condition in which an [energy](/usc/42/6291.md?p=3)-using product—
- (I) is connected to a main power source; and
- (II) offers 1 or more of the following user-oriented or protective functions:
- (aa) To facilitate the activation or deactivation of other functions (including [active mode](/usc/42/6291.md?p=36-B)) by remote switch (including remote control), internal sensor, or timer.
- (bb) Continuous functions, including information or status displays (including clocks) or sensor-based functions.
- (B) **Amended definitions—** The [Secretary](/usc/42/6202.md?p=1) may, by rule, amend the definitions under [subparagraph (A)](#gg-1-A), taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical [Commission](/usc/42/6291.md?p=18).
- (2) **Test procedures—**
- (A) **In general—** Test procedures for all [covered products](/usc/42/6291.md?p=2) shall be amended pursuant to [section 6293 of this title](/usc/42/6293.md) to include [standby mode](/usc/42/6291.md?p=41) and off mode [energy](/usc/42/6291.md?p=3) consumption, taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical [Commission](/usc/42/6291.md?p=18), with such [energy](/usc/42/6291.md?p=3) consumption integrated into the overall [energy efficiency](/usc/42/6291.md?p=5), [energy](/usc/42/6291.md?p=3) consumption, or other [energy](/usc/42/6291.md?p=3) descriptor for each [covered product](/usc/42/6291.md?p=2), unless the [Secretary](/usc/42/6202.md?p=1) determines that—
- (i) the current test procedures for a [covered product](/usc/42/6291.md?p=2) already fully account for and incorporate the [standby mode](/usc/42/6291.md?p=41) and off mode [energy](/usc/42/6291.md?p=3) consumption of the [covered product](/usc/42/6291.md?p=2); or
- (ii) such an integrated test procedure is technically infeasible for a particular [covered product](/usc/42/6291.md?p=2), in which case the [Secretary](/usc/42/6202.md?p=1) shall prescribe a separate [standby mode](/usc/42/6291.md?p=41) and off mode [energy use](/usc/42/6291.md?p=4) test procedure for the [covered product](/usc/42/6291.md?p=2), if technically feasible.
- (B) **Deadlines—** The test procedure amendments required by [subparagraph (A)](#gg-2-A) shall be prescribed in a final rule no later than the following dates:
- (i) December 31, 2008, for [battery chargers](/usc/42/6291.md?p=32) and [external power supplies](/usc/42/6291.md?p=36-A-i).
- (ii) March 31, 2009, for clothes dryers, room air conditioners, and [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A).
- (iii) June 30, 2009, for residential clothes washers.
- (iv) September 30, 2009, for residential [furnaces](/usc/42/6291.md?p=23) and boilers.
- (v) March 31, 2010, for residential [water heaters](/usc/42/6291.md?p=27), direct heating equipment, and [pool heaters](/usc/42/6291.md?p=25).
- (vi) March 31, 2011, for residential dishwashers, ranges and ovens, microwave ovens, and [dehumidifiers](/usc/42/6291.md?p=34).
- (C) **Prior product standards—** The test procedure amendments adopted pursuant to [subparagraph (B)](#gg-2-B) shall not be used to determine compliance with product standards established prior to the adoption of the amended test procedures.
- (3) **Incorporation into standard—**
- (A) **In general—** Subject to [subparagraph (B)](#gg-3-B), based on the test procedures required under [paragraph (2)](#gg-2), any final rule establishing or revising a standard for a [covered product](/usc/42/6291.md?p=2), adopted after July 1, 2010, shall incorporate [standby mode](/usc/42/6291.md?p=41) and off mode [energy use](/usc/42/6291.md?p=4) into a single amended or new standard, pursuant to [subsection (o)](#o), if feasible.
- (B) **Separate standards—** If not feasible, the [Secretary](/usc/42/6202.md?p=1) shall prescribe within the final rule a separate standard for [standby mode](/usc/42/6291.md?p=41) and off mode [energy](/usc/42/6291.md?p=3) consumption, if justified under [subsection (o)](#o).
- (hh) **Metal halide lamp fixtures—**
- (1) **Standards—**
- (A) **In general—** Subject to subparagraphs [(B)](#hh-1-B) and [(C)](#hh-1-C), [metal halide lamp fixtures](/usc/42/6291.md?p=64) designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall contain—
- (i) a [pulse-start metal halide ballast](/usc/42/6291.md?p=66-A) with a minimum [ballast efficiency](/usc/42/6291.md?p=59-A) of 88 percent;
- (ii) a magnetic probe-start [ballast](/usc/42/6291.md?p=58) with a minimum [ballast efficiency](/usc/42/6291.md?p=59-A) of 94 percent; or
- (iii) a nonpulse-start [electronic ballast](/usc/42/6291.md?p=60) with—
- (I) a minimum [ballast efficiency](/usc/42/6291.md?p=59-A) of 92 percent for wattages greater than 250 watts; and
- (II) a minimum [ballast efficiency](/usc/42/6291.md?p=59-A) of 90 percent for wattages less than or equal to 250 watts.
- (B) **Exclusions—** The standards established under [subparagraph (A)](#hh-1-A) shall not apply to—
- (i) fixtures with regulated lag [ballasts](/usc/42/6291.md?p=58);
- (ii) fixtures that use [electronic ballasts](/usc/42/6291.md?p=60) that operate at 480 volts; or
- (iii) fixtures that—
- (I) are rated only for 150 watt lamps;
- (II) are rated for use in wet locations, as specified by the National Electrical Code 2002, section 410.4(A); and
- (III) contain a [ballast](/usc/42/6291.md?p=58) that is rated to operate at ambient air temperatures above 50°C, as specified by UL 1029–2001.
- (C) **Application—** The standards established under [subparagraph (A)](#hh-1-A) shall apply to [metal halide lamp fixtures](/usc/42/6291.md?p=64) manufactured on or after the later of—
- (i) January 1, 2009; or
- (ii) the date that is 270 days after December 19, 2007.
- (2) **Final rule by January 1, 2012—**
- (A) **In general—** Not later than January 1, 2012, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule to determine whether the standards established under [paragraph (1)](#hh-1) should be amended.
- (B) **Administration—** The final rule shall—
- (i) contain any amended standard; and
- (ii) apply to products manufactured on or after January 1, 2015.
- (3) **Final rule by January 1, 2019—**
- (A) **In general—** Not later than January 1, 2019, the [Secretary](/usc/42/6202.md?p=1) shall publish a final rule to determine whether the standards then in effect should be amended.
- (B) **Administration—** The final rule shall—
- (i) contain any amended standards; and
- (ii) apply to products manufactured after January 1, 2022.
- (4) **Design and performance requirements—** Notwithstanding any other provision of law, any standard established pursuant to this subsection may contain both design and performance requirements.
- (ii) **Application date—** [Section 6297 of this title](/usc/42/6297.md) applies—
- (1) to products for which [energy conservation standards](/usc/42/6291.md?p=6) are to be established under subsection [(l)](#l), [(u)](#u), or [(v)](#v) beginning on the date on which a final rule is issued by the [Secretary](/usc/42/6202.md?p=1), except that any [State](/usc/42/6202.md?p=4) or local standard prescribed or enacted for the product before the date on which the final rule is issued shall not be preempted until the [energy conservation standard](/usc/42/6291.md?p=6) established under subsection [(l)](#l), [(u)](#u), or [(v)](#v) for the product takes effect; and
- (2) to products for which [energy conservation standards](/usc/42/6291.md?p=6) are established under subsections [(w)](#w) through [(hh)](#hh) on August 8, 2005, except that any [State](/usc/42/6202.md?p=4) or local standard prescribed or enacted before August 8, 2005, shall not be preempted until the [energy conservation standards](/usc/42/6291.md?p=6) established under subsections [(w)](#w) through [(hh)](#hh) take effect.
## Footnotes
[^1]: So in original. Probably should be “is”.
[^2]: See References in Text note below.
[^3]: So in original. The word “lamps” probably should appear after “fluorescent”.
[^4]: So in original. Subpar. (G) does not contain a cl. (i)(II).
[^5]: So in original. Probably should be “subparagraph (A)(i)”.
## Source credit
(Pub. L. 94–163, title III, § 325, Dec. 22, 1975, 89 Stat. 923; Pub. L. 94–385, title I, § 161, Aug. 14, 1976, 90 Stat. 1140; Pub. L. 95–619, title IV, § 422, Nov. 9, 1978, 92 Stat. 3259; Pub. L. 100–12, § 5, Mar. 17, 1987, 101 Stat. 107; Pub. L. 100–357, § 2(e), June 28, 1988, 102 Stat. 673; Pub. L. 102–486, title I, § 123(f), Oct. 24, 1992, 106 Stat. 2824; Pub. L. 105–388, § 5(a)(5), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 135(c), Aug. 8, 2005, 119 Stat. 628; Pub. L. 110–140, title III, §§ 301(c), 303–305(a), 306(a), 307, 308(a), 309–311(a), 316(c)(2), (d), 321(a)(3), 322(b), 324(e), Dec. 19, 2007, 121 Stat. 1550, 1552, 1553, 1556, 1559–1561, 1563, 1573, 1577, 1588, 1593; Pub. L. 111–360, § 1, Jan. 4, 2011, 124 Stat. 4051; Pub. L. 112–210, §§ 3, 5(a), (c), 10(a)(1), (8), (11), (b)(1), Dec. 18, 2012, 126 Stat. 1514, 1517, 1519, 1522, 1524, 1525; Pub. L. 113–263, § 2, Dec. 18, 2014, 128 Stat. 2937; Pub. L. 114–11, title II, § 201(1), Apr. 30, 2015, 129 Stat. 186; Pub. L. 115–78, § 2, Nov. 2, 2017, 131 Stat. 1256; Pub. L. 115–115, § 2(c)(3), Jan. 12, 2018, 131 Stat. 2281; Pub. L. 116–260, div. Z, title I, § 1008(a), Dec. 27, 2020, 134 Stat. 2437.)
## Notes
### Editorial Notes
### References in Text
This chapter, referred to in subsecs. (f)(4)(D), (j)(3)(A)(iii), (k)(3)(A)(iii), and (ff)(6)(A), was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Subpar. (C) of section 6294(a)(2) of this title, referred to in subsec. (i)(5), was redesignated (D) and a new subpar. (C) was added by Pub. L. 110–140, title III, § 324(d), Dec. 19, 2007, 121 Stat. 1593.
Subsection (i), referred to in subsec. (l)(4)(F)(ii)(I), was amended by Pub. L. 110–140, title III, § 322(b), Dec. 19, 2007, 121 Stat. 1588, by striking out par. (1) and adding a new par. (1), and as so amended, subsec. (i)(1)(A) does not relate to maximum wattage requirements. However, provisions similar to those contained in former subsec. (i)(1)(A) are now contained in subsec. (i)(1)(B). See 2007 Amendment notes below.
### Amendments
2020—Subsec. (ff)(6)(C). Pub. L. 116–260 added subpar. (C).
2018—Subsec. (l)(1), (2). Pub. L. 115–115 substituted “paragraph (20)” for “paragraph (19)”.
2017—Subsec. (u)(3)(D)(ii). Pub. L. 115–78, § 2(a), substituted “2021” for “2015” in heading and subcl. (I) and “2023” for “2017” in subcl. (II)(bb).
Subsec. (u)(3)(E)(ii). Pub. L. 115–78, § 2(b)(1), substituted “the effective date of the amendment under subparagraph (D)(ii)” for “July 1, 2017,” in introductory provisions.
Subsec. (u)(3)(E)(iv). Pub. L. 115–78, § 2(b)(2), added cl. (iv).
2015—Subsec. (e)(6). Pub. L. 114–11 added par. (6).
2014—Subsec. (u)(5). Pub. L. 113–263 added par. (5).
2012—Subsec. (d)(4). Pub. L. 112–210, § 5(a), added par. (4).
Subsec. (e)(5). Pub. L. 112–210, § 3, added par. (5).
Subsec. (g)(8)(C)(ii). Pub. L. 112–210, § 10(b)(1), substituted “negative 20°F” for “20°F”.
Subsec. (i)(1). Pub. L. 112–210, § 10(a)(11), made technical amendment to directory language of Pub. L. 110–140, § 322(b). See 2007 Amendment note below.
Subsec. (l)(4)(A). Pub. L. 112–210, § 10(a)(8), struck out “only” before “in accordance with this paragraph”.
Subsec. (n)(3) to (5). Pub. L. 112–210, § 5(c), added pars. (3) and (4) and redesignated former par. (3) as (5).
Subsec. (u)(4). Pub. L. 112–210, § 10(a)(1), redesignated par. (7) as (4) and substituted “supply is connected” for “supplies is connected”.
Subsec. (u)(7). Pub. L. 112–210, § 10(a)(1)(A), redesignated par. (7) as (4).
2011—Subsec. (u)(3)(A). Pub. L. 111–360, § 1(1), substituted “(E)” for “(D)”.
Subsec. (u)(3)(E). Pub. L. 111–360, § 1(2), added subpar. (E).
2007—Subsec. (b)(4). Pub. L. 110–140, § 311(a)(3), added par. (4).
Subsec. (f). Pub. L. 110–140, § 303(1), inserted “and boilers” after “furnaces” in heading.
Subsec. (f)(3), (4). Pub. L. 110–140, § 303(2), (3), added par. (3) and redesignated former par. (3) as (4).
Subsec. (f)(4)(D). Pub. L. 110–140, § 304, substituted “not later than December 31, 2013, the Secretary shall” for “the Secretary may”.
Subsec. (g)(9), (10). Pub. L. 110–140, § 311(a)(2), added pars. (9) and (10).
Subsec. (i). Pub. L. 110–140, § 321(a)(3)(A)(i), which directed amendment of subsec. (i) by inserting “, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,” after “fluorescent lamps” in “section heading”, was executed by making the insertion in subsec. (i) heading to reflect the probable intent of Congress.
Subsec. (i)(1). Pub. L. 110–140, § 322(b), as amended by Pub. L. 112–210, § 10(a)(11), added par. (1) and struck out former par. (1) which related to, in subpar. (A), lamp efficacy, new maximum wattage, and CRI standards for general service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps, in subpar. (B), color rendering index requirements of certain general service or general illumination application lamps, in subpar. (C), maximum wattage of candelabra incandescent lamps and intermediate base incandescent lamps, in subpar. (D), petition for exemption from requirements, in subpar. (E), petition to establish standards, and, in subpar. (F), definition of effective date.
Pub. L. 110–140, § 321(a)(3)(A)(ii), in subpar. (A), in introductory provisions, inserted “, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,” after “fluorescent lamps” and “, new maximum wattage,” after “lamp efficacy”, inserted tables relating to general service incandescent lamps and modified spectrum general service incandescent lamps, added subpars. (B) to (F), and struck out former subpar. (B) which read as follows: “For the purposes of the tables set forth in subparagraph (A), the term ‘effective date’ means the last day of the month set forth in the table which follows October 24, 1992.”
Subsec. (i)(5). Pub. L. 110–140, § 321(a)(3)(A)(iii), struck out “and general service incandescent lamps” after “general service fluorescent”.
Subsec. (i)(6) to (8). Pub. L. 110–140, § 321(a)(3)(A)(iv), (v), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
Subsec. (l)(4). Pub. L. 110–140, § 321(a)(3)(B), added par. (4).
Subsec. (m). Pub. L. 110–140, § 305(a), added subsec. (m) and struck out former subsec. (m) which related to further rulemaking.
Subsec. (o)(6). Pub. L. 110–140, § 306(a), added par. (6).
Subsec. (p)(1) to (3). Pub. L. 110–140, § 307, redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “The Secretary—
“(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule may apply;
“(B) shall invite interested persons to submit, within 60 days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and
“(C) may identify proposed or amended standards that may be prescribed.”
Subsec. (p)(4). Pub. L. 110–140, § 308(a), added par. (4).
Pub. L. 110–140, § 307(2), redesignated par. (4) as (3).
Subsec. (u)(1)(E). Pub. L. 110–140, § 309(1), inserted heading.
Subsec. (u)(1)(E)(i). Pub. L. 110–140, § 309, inserted cl. heading, designated existing provisions as subcl. (I), inserted subcl. heading, substituted “2 years” for “3 years”, struck out “battery chargers and” before “external power supplies” in two places, and added subcl. (II).
Subsec. (u)(2) to (5). Pub. L. 110–140, § 310(1), redesignated pars. (5) and (6) as (2) and (3), respectively, and struck out former pars. (2) to (4) which related to revision of test procedures and energy conservation standards with respect to covered products that were major sources of standby mode energy consumption, prohibition against proposal of a standard unless applicable test procedures had been issued, and applicability of standard to products manufactured or imported beginning 3 years after the date of issuance, respectively.
Subsec. (u)(6). Pub. L. 110–140, § 310(1)(B), redesignated par. (6) as (3).
Pub. L. 110–140, § 301(c), added par. (6).
Subsec. (u)(7). Pub. L. 110–140, § 301(c), added par. (7).
Subsec. (v). Pub. L. 110–140, § 316(d)(1)(A), struck out “Ceiling fans and” before “refrigerated beverage” in heading.
Subsec. (v)(1) to (4). Pub. L. 110–140, § 316(d)(1)(B), (C), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “Not later than 1 year after August 8, 2005, the Secretary shall prescribe, by rule, test procedures and energy conservation standards for ceiling fans and ceiling fan light kits. If the Secretary sets such standards, the Secretary shall consider exempting or setting different standards for certain product classes for which the primary standards are not technically feasible or economically justified, and establishing separate or exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.”
Subsec. (cc)(2). Pub. L. 110–140, § 311(a)(1), added par. (2) and struck out former par. (2) which directed the Secretary to publish a final rule not later than Oct. 1, 2009, which would determine whether standards established under par. (1) were to be amended, and directed that such rule was to contain any amendment by the Secretary and be applicable to products manufactured on or after Oct. 1, 2012, and further directed that, if the Secretary did not publish such an amendment, dehumidifiers manufactured on or after Oct. 1, 2012, would have an Energy Factor that would meet or exceed values provided in a table of product capacities and minimum Energy Factors.
Subsec. (ee). Pub. L. 110–140, § 316(c)(2), inserted “(other than specialty application mercury vapor lamp ballasts)” before “shall”.
Subsec. (ff)(1)(A)(iii), (iv). Pub. L. 110–140, § 316(d)(2)(A), redesignated cl. (iv) as (iii), inserted “fans sold for” before “outdoor” in subcl. (II), and struck out former cl. (iii) which read as follows: “Adjustable speed controls (either more than 1 speed or variable speed).”
Subsec. (ff)(4)(C). Pub. L. 110–140, § 316(d)(2)(B)(i), substituted “date specified in subparagraph (A)” for “date specified in subparagraph (B)” in introductory provisions.
Subsec. (ff)(4)(C)(ii). Pub. L. 110–140, § 316(d)(2)(B)(ii), added cl. (ii) and struck out former cl. (ii) which read as follows: “shall include the lamps described in clause (i) in the ceiling fan lighting kits.”
Subsec. (ff)(6)(B) to (D). Pub. L. 110–140, § 316(d)(2)(C), redesignated subpars. (C) and (D) as cls. (i) and (ii), respectively, of subpar. (B).
Subsec. (ff)(7). Pub. L. 110–140, § 316(d)(2)(D), substituted “established under section 6294” for “established under section 6297”.
Subsec. (gg). Pub. L. 110–140, § 310(3), added subsec. (gg). Former subsec. (gg) redesignated (hh).
Subsec. (hh). Pub. L. 110–140, § 324(e)(2), added subsec. (hh). Former subsec. (hh) redesignated (ii).
Pub. L. 110–140, § 310(2), (4), redesignated subsec. (gg) as (hh) and substituted “(gg)” for “(ff)” in two places in par. (2).
Subsec. (ii). Pub. L. 110–140, § 324(e)(1), (3), redesignated subsec. (hh) as (ii) and substituted “(hh)” for “(gg)” in two places in par. (2).
2005—Subsec. (f)(3)(D). Pub. L. 109–58, § 135(c)(1), added subpar. (D).
Subsec. (g)(6)(B). Pub. L. 109–58, § 135(c)(2)(A), inserted “and labeled” after “designed”.
Subsec. (g)(8). Pub. L. 109–58, § 135(c)(2)(B), added par. (8).
Subsec. (o)(5). Pub. L. 109–58, § 135(c)(3), added par. (5).
Subsecs. (u) to (gg). Pub. L. 109–58, § 135(c)(4), added subsecs. (u) to (gg).
1998—Subsec. (e)(4)(A). Pub. L. 105–388, § 5(a)(5)(A), substituted “paragraph” for “paragraphs”.
Subsec. (g). Pub. L. 105–388, § 5(a)(5)(B), substituted “ballasts” for “ballasts;” in heading.
1992—Subsecs. (i) to (k). Pub. L. 102–486, § 123(f)(2), added subsecs. (i) to (k). Former subsecs. (i) to (k) redesignated (l) to (n), respectively.
Subsec. (l). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (i) as (l). Former subsec. (l) redesignated (o).
Subsec. (l)(1). Pub. L. 102–486, § 123(f)(3), substituted “paragraph (19)” for “paragraph (14)” and “subsections (o) and (p)” for “subsections (l) and (m)”.
Subsec. (l)(2). Pub. L. 102–486, § 123(f)(3)(A), substituted “(19)” for “(14)”.
Subsec. (l)(3). Pub. L. 102–486, § 123(f)(3)(B), substituted “(o) and (p)” for “(l) and (m)”.
Subsec. (m). Pub. L. 102–486, § 123(f)(1), (4), redesignated subsec. (j) as (m) and substituted “(i)” for “(h)” in introductory provisions. Former subsec. (m) redesignated (p).
Subsec. (n). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (k) as (n). Former subsec. (n) redesignated (q).
Subsec. (n)(1). Pub. L. 102–486, § 123(f)(5)(A), substituted “, and in paragraphs (13) and (14)” for “and in paragraph (13)” and “subsections (b) through (i)” for “subsections (b) through (h)”.
Subsec. (n)(2)(C). Pub. L. 102–486, § 123(f)(5)(B), substituted “subsection (o)(2)(B)(i)(II)” for “subsection (l)(2)(B)(i)(II)”.
Subsec. (n)(3)(B). Pub. L. 102–486, § 123(f)(5)(C), inserted “general service fluorescent lamps, incandescent reflector lamps,” after “fluorescent lamp ballasts,”.
Subsec. (o). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (l) as (o). Former subsec. (o) redesignated (r).
Subsec. (o)(1). Pub. L. 102–486, § 123(f)(6)(A), inserted “or, in the case of showerheads, faucets, water closets, or urinals, water use,” after “energy use,”.
Subsec. (o)(2)(A). Pub. L. 102–486, § 123(f)(6)(B), inserted “, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,” after “energy efficiency”.
Subsec. (o)(2)(B)(i)(III). Pub. L. 102–486, § 123(f)(6)(C), inserted “, or as applicable, water,” after “energy”.
Subsec. (o)(2)(B)(i)(VI). Pub. L. 102–486, § 123(f)(6)(D), inserted “and water” after “energy”.
Subsec. (o)(2)(B)(iii). Pub. L. 102–486, § 123(f)(6)(E), substituted “energy, and as applicable, water, savings” for “energy savings”.
Subsec. (o)(3)(B). Pub. L. 102–486, § 123(f)(6)(F), inserted “, in the case of showerheads, faucets, water closets, or urinals, water, or” after “energy or”.
Subsec. (p). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (m) as (p). Former subsec. (p) redesignated (s).
Subsec. (p)(3)(A). Pub. L. 102–486, § 123(f)(7), substituted “subsection (o)(2)” for “subsection (l)(2)” and “subsection (o)(4)” for “subsection (l)(4)”.
Subsecs. (q) to (t). Pub. L. 102–486, § 123(f)(1), redesignated subsecs. (n) to (q) as (q) to (t), respectively.
1988—Subsec. (e)(1)(C). Pub. L. 100–357, § 2(e)(3), inserted “Volume” after “Rated Storage”.
Subsec. (g). Pub. L. 100–357, § 2(e)(1)(A), inserted “; fluorescent lamp ballasts;” in heading.
Subsec. (g)(5) to (7). Pub. L. 100–357, § 2(e)(1)(B), added pars. (5) to (7).
Subsec. (i)(1), (2). Pub. L. 100–357, § 2(e)(2), substituted “(14)” for “(13)”.
Subsec. (j)(B). Pub. L. 100–357, § 2(e)(4)(A), inserted “fluorescent lamp ballasts,” after “clothes dryers,” and substituted “heating” for “hearing”.
Subsec. (k)(1). Pub. L. 100–357, § 2(e)(4)(B)(i), inserted “and in paragraph (13)” after “(11)”.
Subsec. (k)(3)(B). Pub. L. 100–357, § 2(e)(4)(B)(ii), inserted “fluorescent lamp ballasts,” after “clothes dryers,”.
1987—Pub. L. 100–12 amended section generally, revising and restating as subsecs. (a) to (q) provisions formerly contained in subsecs. (a) to (j).
1978—Subsec. (a). Pub. L. 95–619 substituted provisions authorizing Secretary to prescribe an energy efficiency standard for each type of covered product specified in section 6292(a)(1) to (13) of this title, authorizing such prescription for any type of covered product specified in section 6292(a)(14) of this title where certain conditions are found to exist, and requiring publication of a list of those types of covered products considered subject to prescribed standards in the Federal Register not later than two years after Nov. 9, 1978, for provisions requiring the Administrator, meaning the Administrator of the Federal Energy Administration, to direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product listed in section 6292(a)(1) to (10) of this title, requiring prescription of such a target by the Administrator not later than ninety days after Aug. 14, 1976, requiring such targets be designed to exceed by 1980 by at least twenty percent the aggregate energy efficiency of the covered products as manufactured in 1972, requiring similar energy efficiency targets be prescribed for covered products specified in section 6292(a)(11) to (13) of this title not later than one year after Aug. 14, 1976, authorizing the Administrator to modify periodically any established targets, requiring the manufacturers of any covered products to submit reports as requested by the Administrator to help in establishing and reaching such targets, authorizing the Administrator to commence proceedings in certain situations to prescribe initial or revised targets, specifying when improvements of energy efficiency are economically justified, and authorizing the Attorney General to determine any negative effects on competition so as to make certain improvements economically unjustified.
Subsec. (b). Pub. L. 95–619 substituted provisions specifying preconditions for prescription of a standard for a type or class of covered products for provisions specifying the procedure to be followed in prescribing energy efficiency standards.
Subsec. (c). Pub. L. 95–619 substituted provisions requiring energy efficiency standards for each type of covered products be designed to achieve the maximum improvement in energy efficiency which the Secretary determines feasible and justified and requiring such standards be phased in over a period not to exceed five years for provisions relating to the prescription of test procedures and the requirements necessary to meet minimum energy efficiency levels.
Subsec. (d). Pub. L. 95–619 substituted provisions relating to a determination by the Secretary of the economic justification of any particular energy efficiency standard and a determination by the Attorney General of the impact on competition of any proposed standard for provisions relating to labeling rules.
Subsecs. (e) to (j). Pub. L. 95–619 added subsecs. (e) to (j).
1976—Subsec. (a)(1)(A). Pub. L. 94–385, § 161(a), transferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted 90 days after August 14, 1976, for 180 days after December 22, 1975, for the promulgation of rules by the Administrator.
Subsec. (a)(2). Pub. L. 94–385, § 161(b), transferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted one year after August 14, 1976, for one year after December 22, 1975, for the promulgation of rules by the Administrator.
### Statutory Notes and Related Subsidiaries
### Effective Date of 2012 Amendment
Amendment by section 10(a)(1), (8), (11) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.
Pub. L. 112–210, § 10(b)(2), Dec. 18, 2012, 126 Stat. 1525, provided that: “This subsection [amending this section] and the amendment made by this subsection take effect as if included in the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594).”
### Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
### Revision
Pub. L. 116–260, div. Z, title I, § 1008(b), Dec. 27, 2020, 134 Stat. 2437, provided that: “For purposes of section 325(m) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)), the standard established in section 325(ff)(6)(C) of such Act [42 U.S.C. 6295(ff)(6)(C)] (as added by subsection (a) of this section) shall be treated as if such standard was issued on January 19, 2017.”
### Lighting Technology Research and Development Program
Pub. L. 110–140, title III, § 321(g), Dec. 19, 2007, 121 Stat. 1586, provided that: In general.—The Secretary [of Energy] may carry out a lighting technology research and development program— to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available in the United States; and to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the wattage requirements imposed as a result of the amendments made by subsection (a) [amending this section and sections 6291 and 6292 of this title]. Authorization of appropriations.—There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2013. Termination of authority.—The program under this subsection shall terminate on September 30, 2015.”