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Title 42 — The Public Health and Welfare

Part A–1 · Chapter 77 — Energy Conservation

§ 6313. Standards

Statutory text

(a)

Small, large, and very large commercial package air conditioning and heating equipment, packaged terminal air conditioners and heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks

(1)

Each small commercial package air conditioning and heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on or after , shall meet the following standard levels:

(A)

The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 10.0.

(B)

The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 9.7.

(C)

The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 8.9 (at a standard rating of 95 degrees F db).

(D)

The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 6.8.

(E)

The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 6.6.

(F)

The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.0 (at a high temperature rating of 47 degrees F db).

(G)

The minimum energy efficiency ratio of water-cooled, evaporatively-cooled and water-source central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity) shall be 9.3 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water-source and water-cooled equipment).

(H)

The minimum energy efficiency ratio of water-cooled, evaporatively-cooled and water-source central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 10.5 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water source and water-cooled equipment).

(I)

The minimum coefficient of performance in the heating mode of water-source heat pumps less than 135,000 Btu per hour (cooling capacity) shall be 3.8 (at a standard rating of 70 degrees Fahrenheit entering water).

(2)

Each large commercial package air conditioning and heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on or after , but before , shall meet the following standard levels:

(A)

The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 8.5 (at a standard rating of 95 degrees F db).

(B)

The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 2.9.

(C)

The minimum energy efficiency ratio of water- and evaporatively-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 9.6 (according to ARI Standard 360–86).

(3)

Each packaged terminal air conditioner and packaged terminal heat pump manufactured on or after , shall meet the following standard levels:

(A)

The minimum energy efficiency ratio (EER) of packaged terminal air conditioners and packaged terminal heat pumps in the cooling mode shall be 10.0 — (0.16 x Capacity [in thousands of Btu per hour at a standard rating of 95 degrees F db, outdoor temperature]). If a unit has a capacity of less than 7,000 Btu per hour, then 7,000 Btu per hour shall be used in the calculation. If a unit has a capacity of greater than 15,000 Btu per hour, then 15,000 Btu per hour shall be used in the calculation.

(B)

The minimum coefficient of performance (COP) of packaged terminal heat pumps in the heating mode shall be 1.3 + (0.16 x the minimum cooling EER as specified in subparagraph (A)) (at a standard rating of 47 degrees F db).

(4)

Each warm air furnace and packaged boiler manufactured on or after , shall meet the following standard levels:

(A)

The minimum thermal efficiency at the maximum rated capacity of gas-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 80 percent.

(B)

The minimum thermal efficiency at the maximum rated capacity of oil-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 81 percent.

(C)

The minimum combustion efficiency at the maximum rated capacity of gas-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 80 percent.

(D)

The minimum combustion efficiency at the maximum rated capacity of oil-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 83 percent.

(5)

Each storage water heater, instantaneous water heater, and unfired water storage tank manufactured on or after , shall meet the following standard levels:

(A)

Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of electric storage water heaters shall be 0.30 + (27/Measured Storage Volume [in gallons]).

(B)

Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of 155,000 Btu per hour or less shall be 1.30 + (114/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent.

(C)

Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of more than 155,000 Btu per hour shall be 1.30 + (95/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent.

(D)

The minimum thermal efficiency of instantaneous water heaters with a storage volume of less than 10 gallons shall be 80 percent.

(E)

Except as provided in subparagraph (G), the minimum thermal efficiency of instantaneous water heaters with a storage volume of 10 gallons or more shall be 77 percent. The maximum standby loss, in percent/hour, of such units shall be 2.30 + (67/Measured Storage Volume [in gallons]).

(F)

Except as provided in subparagraph (G), the maximum heat loss of unfired hot water storage tanks shall be 6.5 Btu per hour per square foot of tank surface area.

(G)

Storage water heaters and hot water storage tanks having more than 140 gallons of storage capacity need not meet the standby loss or heat loss requirements specified in subparagraphs (A) through (C) and subparagraphs (E) and (F) if the tank surface area is thermally insulated to R–12.5 and if a standing pilot light is not used.

(6)

Amended energy efficiency standards.—

(A)

In general.—

(i)

Analysis of potential energy savings.—

If ASHRAE/IES Standard 90.1 is amended with respect to the standard levels or design requirements applicable under that standard to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards.

(ii)

Amended uniform national standard for products.—

(I)

In general.—

Except as provided in subclause (II), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in clause (i), the Secretary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1.

(II)

More stringent standard.—

Subclause (I) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified.

(B)

Rule.—

(i)

In general.—

If the Secretary makes a determination described in subparagraph (A)(ii)(II) for a product described in subparagraph (A)(i), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard.

(ii)

Factors.—

In determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the proposed standard by, to the maximum extent practicable, considering—

(I)

the economic impact of the standard on the manufacturers and on the consumers of the products subject to the standard;

(II)

the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the standard;

(III)

the total projected quantity of energy savings likely to result directly from the imposition of the standard;

(IV)

any lessening of the utility or the performance of the products 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 conservation; and

(VII)

other factors the Secretary considers relevant.

(iii)

Administration.—

(I)

Energy use and efficiency.—

The Secretary may not prescribe any amended standard under this paragraph that increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product.

(II)

Unavailability.—

(aa)

In general.—

The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product 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 at the time of the finding of the Secretary.

(bb)

Other types or classes.—

The failure of some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes.

(C)

Amendment of standard.—

(i)

In general.—

Every 6 years, the Secretary shall conduct an evaluation of each class of covered equipment and shall publish—

(I)

a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subparagraph (A); or

(II)

a notice of proposed rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B).

(ii)

Notice.—

If the Secretary publishes a notice under clause (i), the Secretary shall—

(I)

publish a notice stating that the analysis of the Department is publicly available; and

(II)

provide an opportunity for written comment.

(iii)

Amendment of standard; new determination.—

(I)

Amendment of standard.—

Not later than 2 years after a notice is issued under clause (i)(II), the Secretary shall publish a final rule amending the standard for the product.

(II)

New determination.—

Not later than 3 years after a determination under clause (i)(I), the Secretary shall make a new determination and publication under subclause (I) or (II) of clause (i).

(iv)

Application to products.—

Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph shall apply to products manufactured after a date that is the later of—

(I)

the date that is 3 years after publication of the final rule establishing a new standard; or

(II)

the date that is 6 years after the effective date of the current standard for a covered product.

(v)

Consideration of prices and operating patterns.—

If the Secretary is considering revised standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with less 1 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.

(vi)

For any covered equipment as to which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product as of , the first notice required under clause (i) shall be published by .

(D)

A standard amended by the Secretary under this paragraph shall become effective for products manufactured—

(i)

with respect to small commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, on or after a date which is two years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A); and

(ii)

with respect to large commercial package air conditioning and heating equipment and very large commercial package air conditioning and heating equipment, on or after a date which is three years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A);

except that an energy conservation standard amended by the Secretary pursuant to a rule under subparagraph (B) shall become effective for products manufactured on or after a date which is four years after the date such rule is published in the Federal Register.

(7)

Small commercial package air conditioning and heating equipment (other than single package vertical air conditioners and single package vertical heat pumps) shall meet the following standards:

(A)

For equipment manufactured on or after , the minimum energy efficiency ratio of air-cooled central air conditioners at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be—

(i)

11.2 for equipment with no heating or electric resistance heating; and

(ii)

11.0 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).

(B)

For equipment manufactured on or after , the minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be—

(i)

11.0 for equipment with no heating or electric resistance heating; and

(ii)

10.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).

(C)

For equipment manufactured on or after , the minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.3 (at a high temperature rating of 47 degrees F db).

(D)

For equipment manufactured on or after the later of , or the date that is 180 days after —

(i)

the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0;

(ii)

the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0;

(iii)

the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and

(iv)

the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7.

(8)

Large commercial package air conditioning and heating equipment (other than single package vertical air conditioners and single package vertical heat pumps) manufactured on or after , shall meet the following standards:

(A)

The minimum energy efficiency ratio of air-cooled central air conditioners at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be—

(i)

11.0 for equipment with no heating or electric resistance heating; and

(ii)

10.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).

(B)

The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be—

(i)

10.6 for equipment with no heating or electric resistance heating; and

(ii)

10.4 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).

(C)

The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db).

(9)

Very large commercial package air conditioning and heating equipment (other than single package vertical air conditioners and single package vertical heat pumps) manufactured on or after , shall meet the following standards:

(A)

The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be—

(i)

10.0 for equipment with no heating or electric resistance heating; and

(ii)

9.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).

(B)

The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be—

(i)

9.5 for equipment with no heating or electric resistance heating; and

(ii)

9.3 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db).

(C)

The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db).

(10)

Single package vertical air conditioners and single package vertical heat pumps.—

(A)

In general.—

Single package vertical air conditioners and single package vertical heat pumps manufactured on or after , shall meet the following standards:

(i)

The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0.

(ii)

The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0.

(iii)

The minimum energy efficiency ratio of single package vertical air conditioners at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9.

(iv)

The minimum energy efficiency ratio of single package vertical air conditioners at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6.

(v)

The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.

(vi)

The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.

(vii)

The minimum energy efficiency ratio of single package vertical heat pumps at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode shall be 3.0.

(viii)

The minimum energy efficiency ratio of single package vertical heat pumps at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and the minimum coefficient of performance in the heating mode shall be 2.9.

(B)

Review.—

Not later than 3 years after , the Secretary shall review the most recently published ASHRAE/IES Standard 90.1 with respect to single package vertical air conditioners and single package vertical heat pumps in accordance with the procedures established under paragraph (6).

(b)

Electric motors

(1)

Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (2),2 each electric motor manufactured (alone or as a component of another piece of equipment) after the 60-month period beginning on , or in the case of an electric motor which requires listing or certification by a nationally recognized safety testing laboratory, after the 84-month period beginning on , shall have a nominal full load efficiency of not less than the following:

Number of polesNominal Full-Load Efficiency
Open MotorsClosed Motors
642642
Motor Horsepower
180.082.5.......80.082.575.5
1.584.084.082.585.584.082.5
285.584.084.086.584.084.0
386.586.584.087.587.585.5
587.587.585.587.587.587.5
7.588.588.587.589.589.588.5
1090.289.588.589.589.589.5
1590.291.089.590.291.090.2
2091.091.090.290.291.090.2
2591.791.791.091.792.491.0
3092.492.491.091.792.491.0
4093.093.091.793.093.091.7
5093.093.092.493.093.092.4
6093.693.693.093.693.693.0
7593.694.193.093.694.193.0
10094.194.193.094.194.593.6
12594.194.593.694.194.594.5
15094.595.093.695.095.094.5
20094.595.094.595.095.095.0
(2)

Electric motors.—

(A)

General purpose electric motors (subtype i).—

Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on , shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–12.

(B)

Fire pump motors.—

Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on , shall have nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.

(C)

General purpose electric motors (subtype ii).—

Each general purpose electric motor (subtype II) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on , shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.

(D)

NEMA design b, general purpose electric motors.—

Each NEMA Design B, general purpose electric motor with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on , shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.

(3)
(A)

The Secretary may, by rule, provide that the standards specified in paragraph (1) shall not apply to certain types or classes of electric motors if—

(i)

compliance with such standards would not result in significant energy savings because such motors cannot be used in most general purpose applications or are very unlikely to be used in most general purpose applications; and

(ii)

standards for such motors would not be technologically feasible or economically justified.

(B)

Not later than one year after , a manufacturer seeking an exemption under this paragraph with respect to a type or class of electric motor developed on or before , shall submit a petition to the Secretary requesting such exemption. Such petition shall include evidence that the type or class of motor meets the criteria for exemption specified in subparagraph (A).

(C)

Not later than two years after , the Secretary shall rule on each petition for exemption submitted pursuant to subparagraph (B). In making such ruling, the Secretary shall afford an opportunity for public comment.

(D)

Manufacturers of types or classes of motors developed after , to which standards under paragraph (1) would be applicable may petition the Secretary for exemptions from compliance with such standards based on the criteria specified in subparagraph (A).

(4)
(A)

The Secretary shall publish a final rule no later than the end of the 24-month period beginning on the effective date of the standards established under paragraph (1) to determine if such standards should be amended. Such rule shall provide that any amendment shall apply to electric motors manufactured on or after a date which is five years after the effective date of the standards established under paragraph (1).

(B)

The Secretary shall publish a final rule no later than 24 months after the effective date of the previous final rule to determine whether to amend the standards in effect for such product. Any such amendment shall apply to electric motors 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.

(c)

Commercial refrigerators, freezers, and refrigerator-freezers

(1)

In this subsection:

(A)

The term “AV” means the adjusted volume (ft3) (defined as 1.63 x frozen temperature compartment volume (ft3) + chilled temperature compartment volume (ft3)) with compartment volumes measured in accordance with the Association of Home Appliance Manufacturers Standard HRF1–1979.

(B)

The term “V” means the chilled or frozen compartment volume (ft3) (as defined in the Association of Home Appliance Manufacturers Standard HRF1–1979).

(C)

The term “service over the counter, self-contained, medium temperature commercial refrigerator” or “(SOC–SC–M)” means a medium temperature commercial refrigerator—

(i)

with a self-contained condensing unit and equipped with sliding or hinged doors in the back intended for use by sales personnel, and with glass or other transparent material in the front for displaying merchandise; and

(ii)

that has a height not greater than 66 inches and is intended to serve as a counter for transactions between sales personnel and customers.

(D)

The term “TDA” means the total display area (ft2) of the refrigerated case, as defined in AHRI Standard 1200.

(E)

Other terms have such meanings as may be established by the Secretary, based on industry-accepted definitions and practice.

(2)

Each commercial refrigerator, freezer, and refrigerator-freezer with a self-contained condensing unit designed for holding temperature applications manufactured on or after , shall have a daily energy consumption (in kilowatt hours per day) that does not exceed the following:

  
Refrigerators with solid doors0.10 V + 2.04
Refrigerators with transparent doors0.12 V + 3.34
Freezers with solid doors0.40 V + 1.38
Freezers with transparent doors0.75 V + 4.10
Refrigerators/freezers with solid doors the greater of0.27 AV – 0.71 or 0.70.
(3)

Each commercial refrigerator with a self-contained condensing unit designed for pull-down temperature applications and transparent doors manufactured on or after , shall have a daily energy consumption (in kilowatt hours per day) of not more than 0.126 V + 3.51.

(4)
(A)

Each SOC–SC–M manufactured on or after , shall have a total daily energy consumption (in kilowatt hours per day) of not more than 0.6 × TDA + 1.0.

(B)

Not later than 3 years after , the Secretary shall—

(i)

determine whether the standard established under subparagraph (A) should be amended; and

(ii)

if the Secretary determines that such standard should be amended, issue a final rule establishing an amended standard.

(C)

If the Secretary issues a final rule pursuant to subparagraph (B) establishing an amended standard, the final rule shall provide that the amended standard shall apply to products manufactured on or after the date that is—

(i)

3 years after the date on which the final amended standard is published; or

(ii)

if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.

(5)
(A)

Not later than , the Secretary shall issue, by rule, standard levels for ice-cream freezers, self-contained commercial refrigerators, freezers, and refrigerator-freezers without doors, and remote condensing commercial refrigerators, freezers, and refrigerator-freezers, with the standard levels effective for equipment manufactured on or after .

(B)

The Secretary may issue, by rule, standard levels for other types of commercial refrigerators, freezers, and refrigerator-freezers not covered by paragraph (2)(A) with the standard levels effective for equipment manufactured 3 or more years after the date on which the final rule is published.

(6)
(A)

Not later than , the Secretary shall issue a final rule to determine whether the standards established under this subsection should be amended.

(B)

Not later than 3 years after the effective date of any amended standards under subparagraph (A) or the publication of a final rule determining that the standards should not be amended, the Secretary shall issue a final rule to determine whether the standards established under this subsection or the amended standards, as applicable, should be amended.

(C)

If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after the date that is—

(i)

3 years after the date on which the final amended standard is published; or

(ii)

if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.

(d)

Automatic commercial ice makers

(1)

Each automatic commercial ice maker that produces cube type ice with capacities between 50 and 2500 pounds per 24-hour period when tested according to the test standard established in section 6314(a)(7) of this title and is manufactured on or after , shall meet the following standard levels:

Equipment TypeType of CoolingHarvest Rate(lbs ice/24 hours)MaximumEnergy Use(kWh/100 lbs Ice)MaximumCondenserWater Use(gal/100 lbs Ice)
Ice Making HeadWater<5007.80–0.0055H200–0.022H
  ª500 and <14365.58–0.0011H200–0.022H
  ª14364.0200–0.022H
Ice Making HeadAir<45010.26–0.0086HNot Applicable
  ª4506.89–0.0011HNot Applicable
Remote Condensing(but not remotecompressor)Air<10008.85–0.0038HNot Applicable
  ª10005.10Not Applicable
Remote Condensingand RemoteCompressorAir<9348.85–0.0038HNot Applicable
  ª9345.3Not Applicable
Self ContainedWater<20011.40–0.019H191–0.0315H
  ª2007.60191–0.0315H
Self ContainedAir<17518.0–0.0469HNot Applicable
  ª1759.80Not Applicable
H = Harvest rate in pounds per 24 hours.
Water use is for the condenser only and does not include potable water used to make ice.
(2)
(A)

The Secretary may issue, by rule, standard levels for types of automatic commercial ice makers that are not covered by paragraph (1).

(B)

The standards established under subparagraph (A) shall apply to products manufactured on or after the date that is—

(i)

3 years after the date on which the rule is published under subparagraph (A); or

(ii)

if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.

(3)
(A)

Not later than , with respect to the standards established under paragraph (1), and, with respect to the standards established under paragraph (2), not later than 5 years after the date on which the standards take effect, the Secretary shall issue a final rule to determine whether amending the applicable standards is technologically feasible and economically justified.

(B)

Not later than 5 years after the effective date of any amended standards under subparagraph (A) or the publication of a final rule determining that amending the standards is not technologically feasible or economically justified, the Secretary shall issue a final rule to determine whether amending the standards established under paragraph (1) or the amended standards, as applicable, is technologically feasible or economically justified.

(C)

If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after the date that is—

(i)

3 years after the date on which the final amended standard is published; or

(ii)

if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final amended standard is published.

(4)

A final rule issued under paragraph (2) or (3) shall establish standards at the maximum level that is technically feasible and economically justified, as provided in subsections (o) and (p) of section 6295 of this title.

(e)

Commercial clothes washers

(1)

Each commercial clothes washer manufactured on or after , shall have—

(A)

a Modified Energy Factor of at least 1.26; and

(B)

a Water Factor of not more than 9.5.

(2)
(A)
(i)

Not later than , the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.

(ii)

The rule published under clause (i) shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is published.

(B)
(i)

Not later than , the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.

(ii)

The rule published under clause (i) shall provide that any amended standard shall apply to products manufactured 3 years after the date on which the final amended standard is published.

(f)

Walk-in coolers and walk-in freezers

(1)

In general

Subject to paragraphs (2) through (6), each walk-in cooler or walk-in freezer manufactured on or after , shall—

(A)

have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet;

(B)

have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open;

(C)

contain wall, ceiling, and door insulation of at least R–25 for coolers and R–32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members;

(D)

contain floor insulation of at least R–28 for freezers;

(E)

for evaporator fan motors of under 1 horsepower and less than 460 volts, use—

(i)

electronically commutated motors (brushless direct current motors); or

(ii)

3-phase motors;

(F)

for condenser fan motors of under 1 horsepower, use—

(i)

electronically commutated motors;

(ii)

permanent split capacitor-type motors; or

(iii)

3-phase motors; and

(G)

for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people.

(2)

Electronically commutated motors

(A)

In general

The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect , unless, prior to that date, the Secretary determines that such motors are only available from 1 manufacturer.

(B)

Other types of motors

In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary determines that, on average, those other motors use no more energy in evaporator fan applications than electronically commutated motors.

(C)

Maximum energy consumption level

The Secretary shall establish the maximum energy consumption level under subparagraph (B) not later than .

(3)

Additional specifications

Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after , shall also meet the following specifications:

(A)

Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with either heat-reflective treated glass or gas fill.

(B)

Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be—

(i)

double-pane glass with heat-reflective treated glass and gas fill; or

(ii)

triple-pane glass with either heat-reflective treated glass or gas fill.

(C)

If the appliance has an antisweat heater without antisweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers).

(D)

If the appliance has an antisweat heater with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater in a quantity corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.

(4)

Performance-based standards

(A)

In general

Not later than , the Secretary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improvement in energy that the Secretary determines is technologically feasible and economically justified.

(B)

Application

(i)

In general

Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published.

(ii)

Delayed effective date

If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.

(5)

Amendment of standards

(A)

In general

Not later than , the Secretary shall publish a final rule to determine if the standards established under paragraph (4) should be amended.

(B)

Application

(i)

In general

Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published.

(ii)

Delayed effective date

If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.

(6)

Innovative component technologies

Subparagraph (C) of paragraph (1) shall not apply to a walk-in cooler or walk-in freezer component if the component manufacturer has demonstrated to the satisfaction of the Secretary that the component reduces energy consumption at least as much as if such subparagraph were to apply. In support of any demonstration under this paragraph, a manufacturer shall provide to the Secretary all data and technical information necessary to fully evaluate its application.

(g)

Lighting power supply circuits

If the Secretary, acting pursuant to section 6312(b) of this title, includes as covered equipment solid state lighting power supply circuits, drivers, or devices described in section 6291(36)(A)(ii) of this title, the Secretary may prescribe under this part, not earlier than 1 year after the date on which a test procedure has been prescribed, an energy conservation standard for such equipment.

Footnotes

  1. 1 So in original. Probably should be followed by “than”.
  2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Policy and Conservation Act

    Pub. L. 94–163 title III § 342 · 89 Stat. 871

    Enacted · 42 U.S.C. § 6313

    Pub. L. 94–163, title III, § 342, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3269

    Source evidence

    Code source credit
    Pub. L. 94–163, title III, § 342, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3269

  2. Energy Policy Act of 1992

    Pub. L. 102–486 title I § 122(d) · 106 Stat. 2776

    1. Amended · 42 U.S.C. § 6313

      Pub. L. 102–486 amended section generally

    2. Substituted · 42 U.S.C. § 6313

      Pub. L. 102–486 substituting present provisions for former provisions requiring Secretary to conduct evaluations of electric motors and pumps and other industrial equipment for purposes of determining standards

    Source evidence

    Code amendment note
    Pub. L. 102–486 amended section generally, substituting present provisions for former provisions requiring Secretary to conduct evaluations of electric motors and pumps and other industrial equipment for purposes of determining standards.

    Enacted provision · exact public law section
    (d) Standards.— Section 342 of such Act is amended to read as follows: “Sec. 342. “standards (a) Small and Large Commercial Package Air Conditioning and Heating Equipment, Packaged Terminal Air Conditioners and Heat Pumps, Warm-Air Furnaces, Packaged Boilers, Storage Water Heaters, Instantaneous Water Heaters, and Unfired Hot Water Storage Tanks.— (1) Each small commercial package air conditioning and heating equipment manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 10.0. “(B) The minimum seasonal energy efficiency ratio of air-cooled three-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 9.7. “(C) The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 8.9 (at a standard rating of 95 degrees F db). “(D) The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 6.8. “(E) The minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 6.6. “(F) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.0 (at a high temperature rating of 47 degrees F db). “(G) The minimum energy efficiency ratio of water-cooled, evaporativelycooled and water-source central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity) shall be 9.3 (at a standard rating of 95 degrees F db, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water-source and water-cooled equipment). “(H) The minimum energy efficiency ratio of water-cooled, evaporativelycooled and water-source central air conditioners ana central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 10.5 (at a standard rating of 95 degrees F do, outdoor temperature for evaporatively cooled equipment, and 85 degrees Fahrenheit entering water temperature for water source and water-cooled equipment). “(I) The minimum coefficient of performance in the heating mode of water-source heat pumps less than 135,000 Btu per hour (cooling capacity) shall be 3.8 (at a standard rating of 70 degrees Fahrenheit entering water). “(2) Each large commercial package air conditioning and heating equipment manufactured on or after January 1, 1995, shall meet the following standard levels: “(A) The minimum energy efficiency ratio of air-cooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 8.5 (at a standard rating of 95 degrees F db). “(B) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 2.9. “(C) The minimum energy efficiency ratio of water- and evaporativelycooled central air conditioners and central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 9.6 (according to ARI Standard 360–86). “(3) Each packaged terminal air conditioner and packaged terminal heat pump manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) The minimum energy efficiency ratio (EER) of packaged terminal air conditioners and packaged terminal heat pumps in the cooling mode shall be 10.0 — (0.16 x Capacity [in thousands of Btu per hour at a standard rating of 95 degrees F db, outdoor temperature]). If a unit has a capacity of less than 7,000 Btu per hour, then 7,000 Btu per hour shall be used in the calculation. If a unit has a capacity of greater than 15,000 Btu per hour, then 15,000 Btu per hour shall be used in the calculation. “(B) The minimum coefficient of performance (COP) of packaged terminal heat pumps in the heating mode shall be 1. 3 + (0.16 x the minimum cooling EER as specified in subparagraph (A)) (at a standard rating of 47 degrees F db). “(4) Each warm air furnace and packaged boiler manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) The minimum thermal efficiency at the maximum rated capacity of gas-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 80 percent. “(B) The minimum thermal efficiency at the maximum rated capacity of oil-fired warm-air furnaces with capacity of 225,000 Btu per hour or more shall be 81 percent. “(C) The minimum combustion efficiency at the maximum rated capacity of gas-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 80 percent. “(D) The minimum combustion efficiency at the maximum rated capacity of oil-fired packaged boilers with capacity of 300,000 Btu per hour or more shall be 83 percent. “(5) Each storage water heater, instantaneous water heater, and unfired water storage tank manufactured on or after January 1, 1994, shall meet the following standard levels: “(A) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of electric storage water heaters shall be 0.30 + (27/Measured Storage Volume [in gallons]). “(B) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of 155,000 Btu per hour or less shall be 1.30 + (114/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent. “(C) Except as provided in subparagraph (G), the maximum standby loss, in percent per hour, of gas- and oil-fired storage water heaters with input ratings of more than 155,000 Btu per hour shall be 1.30 + (95/Measured Storage Volume [in gallons]). The minimum thermal efficiency of such units shall be 78 percent. “(D) The minimum thermal efficiency of instantaneous water heaters with a storage volume of less than 10 gallons shall be 80 percent. “(E) Except as provided in subparagraph (G), the minimum thermal efficiency of instantaneous water heaters with a storage volume of 10 gallons or more shall be 77 percent. The maximum standby loss, in percent/hour, of such units shall be 2.30 + (67/Measured Storage Volume [in gallons]). “(F) Except as provided in subparagraph (G), the maximum heat loss of unfired hot water storage tanks shall be 6.5 Btu per hour per square foot of tank surface area. “(G) Storage water heaters and hot water storage tanks having more than 140 gallons of storage capacity need not meet the standby loss or heat loss requirements specified in subparagraphs (A) through (C) and subparagraphs (E) and (F) if the tank surface area is thermally insulated to R-12.5 and if a standing pilot light is not used. “(6) (A) If ASHRAE/IES Standard 90.1, as in effect on the date of enactment of the Energy Policy Act of 1992, is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heat-ing equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, the Secretary shall establish an amended uniform national standard for that product at the minimum level for each effective date specified in the amended ASHRAE/IES Standard 90.1, unless the Secretary determines, by rule published in the Federal Register and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than such amended ASHRAE/IES Standard 90.1 for such product would result in significant additional conservation of energy and is technologically feasible and economically justified. “(B) (i) If the Secretary issues a rule containing such a determination, the rule shall establish such amended standard. In determining whether a standard is economically justified for the purposes of subparagraph (A), the Secretary 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 and on the consumers of the products subject to such standard; “(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products which are likely to result from the imposition of the standard; “(III) the total projected amount of energy savings likely to result directly from the imposition of the standard; “(IV) any lessening of the utility or the performance of the products 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 conservation; and “(VII) other factors the Secretary considers relevant. “(ii) The Secretary may not prescribe any amended standard under this paragraph which increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes such finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product 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 at the time of the Secretary’s finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary’s determination of whether to prescribe a standard for other types or classes. “(C) A standard amended by the Secretary under this paragraph shall become effective for products manufactured— “(i) with respect to small commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, on or after a date which is two years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A); and “(ii) with respect to large commercial package air conditioning and heating equipment, on or after a date which is three years after the effective date of the applicable minimum energy efficiency requirement in the amended ASHRAE/IES standard referred to in subparagraph (A); Federal Register, publication. except that an energy conservation standard amended by the Secretary pursuant to a rule under subparagraph (B) shall become effective for products manufactured on or after a date which is four years after the date such rule is published in the Federal Register. “(b) Electric Motors.— (1) Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (2), each electric motor manufactured (alone or as a component of another piece of equipment) after the 60-month period beginning on the date of the enactment of this subsection, or in the case of an electric motor which requires listing or certification by a nationally recognized safety testing laboratory, after the 84–month period beginning on such date, shall have a nominal full load efficiency of not less than the following:   “Nominal Full-Load Efficiency “Number of poles Open Motors   Closed Motors   6 4 2   6 4 2                 Motor Horsepower               1 80.0 82.5     80.0 82.5 75.5 1.5 84.0 84.0 82.5   85.5 84.0 82.5 2 85.5 84.0 84.0   86.5 84.0 84.0 3 86.5 86.5 84.0   87.5 87.5 85.5 5 87.5 87.5 85.5   87.5 87.5 87.5 7.5 88.5 88.5 87.5   89.5 89.5 88.5 10 90.2 89.5 88.5   89.5 89.5 89.5 15 90.2 91.0 89.5   90.2 91.0 90.2 20 91.0 91.0 90.2   90.2 91.0 90.2 25 91.7 91.7 91.0   91.7 92.4 91.0 30 92.4 92.4 91.0   91.7 92.4 91.0 40 93.0 93.0 91.7   93.0 93.0 91.7 50 93.0 93.0 92.4   93.0 93.0 92.4 60 93.6 93.6 93.0   93.6 93.5 93.0 75 93.6 94.1 93.0   93.6 94.1 93.0 100 94.1 94.1 93.0   94.1 94.5 93.6 125 94.1 94.5 93.6   94.1 94.5 94.5 150 94.5 95.0 93.6   95.0 95.0 94.5 200 94.5 95.0 94.5   95.0 95.0 95.5 “(2) (A) The Secretary may, by rule, provide that the standards specified in paragraph (1) shall not apply to certain types or classes of electric motors if— “(i) compliance with such standards would not result in significant energy savings because such motors cannot be used in most general purpose applications or are very unlikely to be used in most general purpose applications; and “(ii) standards for such motors would not be technologically feasible or economically justified. “(B) Not later than one year after the date of the enactment of this subsection, a manufacturer seeking an exemption under this paragraph with respect to a type or class of electric motor developed on or before the date of the enactment of such subsection shall submit a petition to the Secretary requesting such exemption. Such petition shall include evidence that the type or class of motor meets the criteria for exemption specified in subparagraph (A). “(C) Not later than two years after the date of the enactment of this subsection, the Secretary shall rule on each petition for exemption submitted pursuant to subparagraph (B). In making such ruling, the Secretary shall afford an opportunity for public comment. “(D) Manufacturers of types or classes of motors developed after the date of the enactment of this subsection to which standards under paragraph (1) would be applicable may petition the Secretary for exemptions from compliance with such standards based on the criteria specified in subparagraph (A). “(3) (A) The Secretary shall publish a final rule no later than Regulations. the end of the 24–month period beginning on the effective date of the standards established under paragraph (1) to determine if such standards should be amended. Such rule shall provide that any amendment shall apply to electric motors manufactured on or after a date which is five years after the effective date of the standards established under paragraph (1). “(B) The Secretary shall publish a final rule no later than Regulations. 24 months after the effective date of the previous final rule to determine whether to amend the standards in effect for such product. Any such amendment shall apply to electric motors 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.”.

  3. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(b)(1) · 119 Stat. 594

    Substituted · 42 U.S.C. § 6313(a)

    Pub. L. 109–58, § 136(b)(1), substituted “Small, large, and very large” for “Small and large” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–58, § 136(b)(1), substituted “Small, large, and very large” for “Small and large” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading, by striking “Small and Large” and inserting “Small, Large, and Very Large”;

  4. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(b)(2) · 119 Stat. 594

    Inserted · 42 U.S.C. § 6313(a)(1)

    Pub. L. 109–58, § 136(b)(2), inserted “but before January 1, 2010,” after “January 1, 1994,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–58, § 136(b)(2), inserted “but before January 1, 2010,” after “January 1, 1994,” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (1), by inserting “but before January 1, 2010,” after “January 1, 1994,”;

  5. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(b)(3) · 119 Stat. 594

    Inserted · 42 U.S.C. § 6313(a)(2)

    Pub. L. 109–58, § 136(b)(3), inserted “but before January 1, 2010,” after “January 1, 1995,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–58, § 136(b)(3), inserted “but before January 1, 2010,” after “January 1, 1995,” in introductory provisions.

    Enacted provision · exact public law section
    (3) in paragraph (2), by inserting “but before January 1, 2010,” after “January 1, 1995,”; and

  6. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(b)(4)(A) · 119 Stat. 594

    1. Amended · 42 U.S.C. § 6313(a)(6)(A)

      Pub. L. 109–58, § 136(b)(4)(A), designated existing provisions as cl. (i)

    2. Substituted · 42 U.S.C. § 6313(a)(6)(A)

      Pub. L. 109–58, § 136(b)(4)(A), substituted “January 1, 2010” for “October 24, 1992”

    3. Inserted · 42 U.S.C. § 6313(a)(6)(A)

      Pub. L. 109–58, § 136(b)(4)(A), inserted “and very large commercial package air conditioning and heating equipment, or if ASHRAE/IES Standard 90.1, as in effect on October 24, 1992, is amended with respect to any” after “large commercial package air conditioning and heating equipment,”

    4. Added · 42 U.S.C. § 6313(a)(6)(A)

      Pub. L. 109–58, § 136(b)(4)(A), added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A). Pub. L. 109–58, § 136(b)(4)(A), designated existing provisions as cl. (i), substituted “January 1, 2010” for “October 24, 1992”, inserted “and very large commercial package air conditioning and heating equipment, or if ASHRAE/IES Standard 90.1, as in effect on October 24, 1992, is amended with respect to any” after “large commercial package air conditioning and heating equipment,”, and added cl. (ii).

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) by inserting “(i)” after “(A)”; (ii) by striking “the date of enactment of the Energy Policy Act of 1992” and inserting “January 1, 2010”; (iii) by inserting after “large commercial package air conditioning and heating equipment,” the following: “and very large commercial package air conditioning and heating equipment, or if ASHRAE/IES Standard 90.1, as in effect on October 24, 1992, is amended with respect to any”; and (iv) by adding at the end the following: “(ii) If ASHRAE/IES Standard 90.1 is not amended with respect to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, and very large commercial package air conditioning and heating equipment during the 5-year period beginning on the effective date of a standard, the Secretary may initiate a rulemaking to determine whether a more stringent standard— “(I) would result in significant additional conservation of energy; and “(II) is technologically feasible and economically justified.” ; and

  7. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(b)(4)(B) · 119 Stat. 594

    Inserted · 42 U.S.C. § 6313(a)(6)(C)(ii)

    Pub. L. 109–58, § 136(b)(4)(B), inserted “and very large commercial package air conditioning and heating equipment” after “large commercial package air conditioning and heating equipment”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(C)(ii). Pub. L. 109–58, § 136(b)(4)(B), inserted “and very large commercial package air conditioning and heating equipment” after “large commercial package air conditioning and heating equipment”.

    Enacted provision · exact public law section
    (B) in subparagraph (C)(ii), by inserting “and very large commercial package air conditioning and heating equipment” after “large commercial package air conditioning and heating equipment”; and

  8. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(b)(5) · 119 Stat. 594

    Added · 42 U.S.C. § 6313(a)(7)(9)

    Pub. L. 109–58, § 136(b)(5), added pars. (7) to (9)

    Source evidence

    Code amendment note
    Subsec. (a)(7) to (9). Pub. L. 109–58, § 136(b)(5), added pars. (7) to (9).

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(7) Small commercial package air conditioning and heating equipment manufactured on or after January 1, 2010, shall meet the following standards: “(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be— “(i) 11.2 for equipment with no heating or electric resistance heating; and “(ii) 11.0 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db). “(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be— “(i) 11.0 for equipment with no heating or electric resistance heating; and “(ii) 10.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db). “(C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 65,000 Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling capacity) shall be 3.3 (at a high temperature rating of 47 degrees F db). “(8) Large commercial package air conditioning and heating equipment manufactured on or after January 1, 2010, shall meet the following standards: “(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be— “(i) 11.0 for equipment with no heating or electric resistance heating; and “(ii) 10.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db). “(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be— “(i) 10.6 for equipment with no heating or electric resistance heating; and “(ii) 10.4 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db). “(C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db). “(9) Very large commercial package air conditioning and heating equipment manufactured on or after January 1, 2010, shall meet the following standards: “(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be— “(i) 10.0 for equipment with no heating or electric resistance heating; and “(ii) 9.8 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db). “(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be— “(i) 9.5 for equipment with no heating or electric resistance heating; and “(ii) 9.3 for equipment with all other heating system types that are integrated into the equipment (at a standard rating of 95 degrees F db). “(C) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 240,000 Btu per hour (cooling capacity) and less than 760,000 Btu per hour (cooling capacity) shall be 3.2 (at a high temperature rating of 47 degrees F db).” .

  9. Energy Policy Act of 2005

    Pub. L. 109–58 § 136(c) · 119 Stat. 594

    Added · 42 U.S.C. § 6313(c)(e)

    Pub. L. 109–58, § 136(c)–(e), added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 109–58, § 136(c)–(e), added subsecs. (c) to (e).

    Enacted provision · exact public law section
    (c) Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers.— Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following: “(c) Commercial Refrigerators, Freezers, and Refrigerator-Freezers.— (1) In this subsection: “(A) The term ‘AV’ means the adjusted volume (ft3) (defined as 1.63 x frozen temperature compartment volume (ft3) + chilled temperature compartment volume (ft3)) with compartment volumes measured in accordance with the Association of Home Appliance Manufacturers Standard HRF1–1979. “(B) The term ‘V’ means the chilled or frozen compartment volume (ft3) (as defined in the Association of Home Appliance Manufacturers Standard HRF1–1979). “(C) Other terms have such meanings as may be established by the Secretary, based on industry-accepted definitions and practice. “(2) Each commercial refrigerator, freezer, and refrigerator-freezer with a self-contained condensing unit designed for holding temperature applications manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) that does not exceed the following: Refrigerators with solid doors0.10 V + 2.04 Refrigerators with transparent doors0.12 V + 3.34 Freezers with solid doors0.40 V + 1.38 Freezers with transparent doors0.75 V + 4.10 Refrigerators/freezers with solid doors the greater of0.27 AV – 0.71 or 0.70. “(3) Each commercial refrigerator with a self-contained condensing unit designed for pull-down temperature applications and transparent doors manufactured on or after January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) of not more than 0.126 V + 3.51. “(4) (A) Deadline. Regulations. Not later than January 1, 2009, the Secretary shall issue, by rule, standard levels for ice-cream freezers, self-contained commercial refrigerators, freezers, and refrigerator-freezers without doors, and remote condensing commercial refrigerators, freezers, and refrigerator-freezers, with the standard levels effective for equipment manufactured on or after January 1, 2012. “(B) The Secretary may issue, by rule, standard levels for other types of commercial refrigerators, freezers, and refrigerator-freezers not covered by paragraph (2)(A) with the standard levels effective for equipment manufactured 3 or more years after the date on which the final rule is published. “(5) (A) Deadlines. Regulations. Not later than January 1, 2013, the Secretary shall issue a final rule to determine whether the standards established under this subsection should be amended. “(B) Not later than 3 years after the effective date of any amended standards under subparagraph (A) or the publication of a final rule determining that the standards should not be amended, the Secretary shall issue a final rule to determine whether the standards established under this subsection or the amended standards, as applicable, should be amended. “(C) Applicability. If the Secretary issues a final rule under subparagraph (A) or (B) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after the date that is— “(i) 3 years after the date on which the final amended standard is published; or “(ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final rule is published.” .

  10. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(1) · 121 Stat. 1492

    1. Inserted · 42 U.S.C. § 6313(a)(1)

      Pub. L. 110–140, § 314(b)(1), (2), in introductory provisions, inserted “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment”

    2. Struck · 42 U.S.C. § 6313(a)(1)

      Pub. L. 110–140, § 314(b)(1), (2), in introductory provisions, struck out “but before January 1, 2010,” after “January 1, 1994,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–140, § 314(b)(1), (2), in introductory provisions, inserted “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” and struck out “but before January 1, 2010,” after “January 1, 1994,”.

    Enacted provision · exact public law section
    (1) in the first sentence of each of paragraphs (1) and (2), by inserting “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” each place it appears;

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  11. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(1) · 121 Stat. 1492

    Inserted · 42 U.S.C. § 6313(a)(2)

    Pub. L. 110–140, § 314(b)(1), inserted “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 110–140, § 314(b)(1), inserted “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the first sentence of each of paragraphs (1) and (2), by inserting “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” each place it appears;

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  12. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 305(b) · 121 Stat. 1492

    1. Inserted · 42 U.S.C. § 6313(a)(6)

      Pub. L. 110–140, § 305(b), inserted heading

    2. Added · 42 U.S.C. § 6313(a)(6)

      Pub. L. 110–140, § 305(b), added subpars. (A) to (C)

    3. Redesignated · 42 U.S.C. § 6313(a)(6)

      Pub. L. 110–140, § 305(b), redesignated former subpar. (C) as (D)

    4. Struck · 42 U.S.C. § 6313(a)(6)

      Pub. L. 110–140, § 305(b), struck out former subpars. (A) and (B) which related to, in subpar. (A), establishment of amended uniform national standards for certain air conditioning and heating equipment and products if ASHRAE/IES Standard 90.1 had been amended and, if such standard had not been amended, initiation of a rulemaking to determine whether a more stringent standard would result in additional energy conservation and be technologically feasible and economically justified, and, in subpar. (B), establishment of an amended standard, including factors to be considered, if a rule had been issued pursuant to a subpar. (A) determination and prohibition of an amended standard which would decrease energy efficiency or would likely result in the unavailability of a product type

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 110–140, § 305(b), inserted heading, added subpars. (A) to (C), redesignated former subpar. (C) as (D), and struck out former subpars. (A) and (B) which related to, in subpar. (A), establishment of amended uniform national standards for certain air conditioning and heating equipment and products if ASHRAE/IES Standard 90.1 had been amended and, if such standard had not been amended, initiation of a rulemaking to determine whether a more stringent standard would result in additional energy conservation and be technologically feasible and economically justified, and, in subpar. (B), establishment of an amended standard, including factors to be considered, if a rule had been issued pursuant to a subpar. (A) determination and prohibition of an amended standard which would decrease energy efficiency or would likely result in the unavailability of a product type.

    Enacted provision · exact public law section
    (b) Industrial Equipment.— Section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by striking “(6)(A)(i)” and all that follows through the end of subparagraph (B) and inserting the following: “(6) Amended energy efficiency standards.— “(A) In general.— “(i) Analysis of potential energy savings.— If ASHRAE/IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards. “(ii) Amended uniform national standard for products.— “(I) In general.— Except as provided in subclause (II), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in clause (i), the Secretary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1. “(II) More stringent standard.— Subclause (I) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified. “(B) Rule.— If the Secretary makes a determination described in clause (ii)(II) for a product described in clause (i), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard. “(C) Amendment of standard.— “(i) 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 shall publish— “(I) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subparagraph (A); or “(II) a notice of proposed rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B). “(ii) Notice.— If the Public information. Secretary publishes a notice under clause (i), the Secretary shall— “(I) publish a notice stating that the analysis of the Department is publicly available; and “(II) provide an opportunity for written comment. “(iii) Amendment of standard; new determination.— “(I) Amendment of standard.— Not later than 2 years after a notice is issued under clause (i)(II), the Secretary shall publish a final rule amending the standard for the product. “(II) New determination.— Not later than 3 years after a determination under clause (i)(I), the Secretary shall make a new determination and publication under subclause (I) or (II) of clause (i). “(iv) Application to products.— An amendment prescribed under this subsection shall apply to products manufactured after a date that is the later of— “(I) the date that is 3 years after publication of the final rule establishing a new standard; or “(II) the date that is 6 years after the effective date of the current standard for a covered product. “(v) Reports.— The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  13. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 306(c) · 121 Stat. 1492

    Added · 42 U.S.C. § 6313(a)(6)(B)(iii)

    Pub. L. 110–140, § 306(c), added cl. (iii) at end

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B)(iii). Pub. L. 110–140, § 306(c), added cl. (iii) at end.

    Enacted provision · exact public law section
    (c) Consideration of Prices and Operating Patterns.— Section 342(a)(6)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following: “(iii) Consideration of prices and operating patterns.— If the Secretary is considering revised standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with less 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  14. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(3) · 121 Stat. 1492

    1. Inserted · 42 U.S.C. § 6313(a)(7)

      Pub. L. 110–140, § 314(b)(3), (4)(A), in introductory provisions, inserted “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment”

    2. Struck · 42 U.S.C. § 6313(a)(7)

      Pub. L. 110–140, § 314(b)(3), (4)(A), in introductory provisions, struck out “manufactured on or after January 1, 2010,” before “shall meet”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 110–140, § 314(b)(3), (4)(A), in introductory provisions, inserted “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” and struck out “manufactured on or after January 1, 2010,” before “shall meet”.

    Enacted provision · exact public law section
    (3) in the first sentence of each of paragraphs (7), (8), and (9), by inserting “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” each place it appears;

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  15. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(4)(B) · 121 Stat. 1492

    Substituted · 42 U.S.C. § 6313(a)(7)(A)(C)

    Pub. L. 110–140, § 314(b)(4)(B), substituted “For equipment manufactured on or after January 1, 2010, the” for “The”

    Source evidence

    Code amendment note
    Subsec. (a)(7)(A) to (C). Pub. L. 110–140, § 314(b)(4)(B), substituted “For equipment manufactured on or after January 1, 2010, the” for “The”.

    Enacted provision · exact public law section
    (B) in each of subparagraphs (A), (B), and (C), by striking “The” and inserting “For equipment manufactured on or after January 1, 2010, the”; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  16. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(4)(C) · 121 Stat. 1492

    Added · 42 U.S.C. § 6313(a)(7)(D)

    Pub. L. 110–140, § 314(b)(4)(C), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(7)(D). Pub. L. 110–140, § 314(b)(4)(C), added subpar. (D).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(D) For equipment manufactured on or after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007— “(i) the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0; “(ii) the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0; “(iii) the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and “(iv) the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7.” ; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  17. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(3) · 121 Stat. 1492

    Inserted · 42 U.S.C. § 6313(a)(8); 42 U.S.C. § 6313(a)(9)

    Pub. L. 110–140, § 314(b)(3), inserted “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(8), (9). Pub. L. 110–140, § 314(b)(3), inserted “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” in introductory provisions.

    Enacted provision · exact public law section
    (3) in the first sentence of each of paragraphs (7), (8), and (9), by inserting “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” each place it appears;

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  18. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 314(b)(5) · 121 Stat. 1492

    Added · 42 U.S.C. § 6313(a)(10)

    Pub. L. 110–140, § 314(b)(5), added par. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 110–140, § 314(b)(5), added par. (10).

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(10) Single package vertical air conditioners and single package vertical heat pumps.— “(A) In general.— Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following standards: “(i) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0. “(ii) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0. “(iii) The minimum energy efficiency ratio of single package vertical air conditioners at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9. “(iv) The minimum energy efficiency ratio of single package vertical air conditioners at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6. “(v) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0. “(vi) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0. “(vii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode shall be 3.0. “(viii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and the minimum coefficient of performance in the heating mode shall be 2.9. “(B) Review.— Not Deadline. later than 3 years after the date of enactment of this paragraph, the Secretary shall review the most recently published ASHRAE/IES Standard 90.1 with respect to single package vertical air conditioners and single package vertical heat pumps in accordance with the procedures established under paragraph (6).” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  19. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 313(b)(1) · 121 Stat. 1492

    1. Added · 42 U.S.C. § 6313(b)(2)(4)

      Pub. L. 110–140, § 313(b)(1), added par. (2)

    2. Redesignated · 42 U.S.C. § 6313(b)(2)(4)

      Pub. L. 110–140, § 313(b)(1), redesignated former pars. (2) and (3) as (3) and (4), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2) to (4). Pub. L. 110–140, § 313(b)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

    Enacted provision · exact public law section
    (1) Amendments.— Section 342(b) of the Energy Policy and Conservation Act (42 U.S.C. 6313(b)) is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: “(2) Electric motors.— “(A) General purpose electric motors (subtype i).— Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–12. “(B) Fire pump motors.— Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007 shall have nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11. “(C) General purpose electric motors (subtype ii).— Each general purpose electric motor (subtype II) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11. “(D) NEMA design b, general purpose electric motors.— Each NEMA Design B, general purpose electric motor with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  20. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 312(b) · 121 Stat. 1492

    Added · 42 U.S.C. § 6313(f)

    Pub. L. 110–140, § 312(b), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–140, § 312(b), added subsec. (f).

    Enacted provision · exact public law section
    (b) Standards.— Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following: “(f) Walk-In Coolers and Walk-In Freezers.— “(1) In general.— Subject to paragraphs (2) through (5), each walk-in cooler or walk-in freezer manufactured on or after January 1, 2009, shall— “(A) have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet; “(B) have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open; “(C) contain wall, ceiling, and door insulation of at least R–25 for coolers and R–32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members; “(D) contain floor insulation of at least R–28 for freezers; “(E) for evaporator fan motors of under 1 horsepower and less than 460 volts, use— “(i) electronically commutated motors (brushless direct current motors); or “(ii) 3-phase motors; “(F) for condenser fan motors of under 1 horsepower, use— “(i) electronically commutated motors; “(ii) permanent split capacitor-type motors; or “(iii) 3-phase motors; and “(G) for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people. “(2) Electronically commutated motors.— “(A) In general.— The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 1 manufacturer. “(B) Other types of motors.— In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary determines that, on average, those other motors use no more energy in evaporator fan applications than electronically commutated motors. “(C) Maximum energy consumption level.— The Secretary shall establish the maximum energy consumption level under subparagraph (B) not later than January 1, 2010. “(3) Additional specifications.— Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the following specifications: “(A) Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with either heat-reflective treated glass or gas fill. “(B) Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be— “(i) double-pane glass with heat-reflective treated glass and gas fill; or “(ii) triple-pane glass with either heat-reflective treated glass or gas fill. “(C) If the appliance has an antisweat heater without antisweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers). “(D) If the appliance has an antisweat heater with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater in a quantity corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane. “(4) Performance-based standards.— “(A) In general.— Not later than January 1, 2012, the Secretary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improvement in energy that the Secretary determines is technologically feasible and economically justified. “(B) Application.— “(i) In general.— Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published. “(ii) Delayed effective date.— If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products. “(5) Amendment of standards.— “(A) In general.— Not later than January 1, 2020, the Secretary shall publish a final rule to determine if the standards established under paragraph (4) should be amended. “(B) Application.— “(i) In general.— Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published. “(ii) Delayed effective date.— If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  21. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 5(b)(1) · 126 Stat. 1514

    Inserted · 42 U.S.C. § 6313(a)(6)(A)(i)

    Pub. L. 112–210, § 5(b)(1), inserted “the standard levels or design requirements applicable under that standard to” before “any small commercial”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A)(i). Pub. L. 112–210, § 5(b)(1), inserted “the standard levels or design requirements applicable under that standard to” before “any small commercial”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)(i), by inserting “the standard levels or design requirements applicable under that standard to” immediately before “any small commercial”; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  22. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(3)(A)(i) · 126 Stat. 1514

    1. Amended · 42 U.S.C. § 6313(a)(6)(B)

      Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), designated existing provisions as cl. (i)

    2. Inserted · 42 U.S.C. § 6313(a)(6)(B)

      Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), inserted cl. (i) heading

    3. Substituted · 42 U.S.C. § 6313(a)(6)(B)

      Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), substituted “subparagraph (A)(ii)(II)” for “clause (ii)(II)”

    4. Substituted · 42 U.S.C. § 6313(a)(6)(B)

      Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), substituted “subparagraph (A)(i)” for “clause (i)”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B). Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), designated existing provisions as cl. (i), inserted cl. (i) heading, and substituted “subparagraph (A)(ii)(II)” for “clause (ii)(II)” and “subparagraph (A)(i)” for “clause (i)”.

    Enacted provision · exact public law section
    (i) by striking “If the Secretary” and inserting the following: “(i) In general.— If the Secretary” ;

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  23. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(3)(A)(iv) · 126 Stat. 1514

    Added · 42 U.S.C. § 6313(a)(6)(B)(ii)

    Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B)(ii). Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (ii).

    Enacted provision · exact public law section
    (iv) by adding at the end the following: “(ii) Factors.— In Determination. determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the proposed standard by, to the maximum extent practicable, considering— “(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to the standard; “(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the standard; “(III) the total projected quantity of energy savings likely to result directly from the imposition of the standard; “(IV) any lessening of the utility or the performance of the products 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 conservation; and “(VII) other factors the Secretary considers relevant. “(iii) Administration.— “(I) Energy use and efficiency.— The Secretary may not prescribe any amended standard under this paragraph that increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. “(II) Unavailability.— “(aa) In general.— The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product 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 at the time of the finding of the Secretary. “(bb) Other types or classes.— The failure of some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes.” ; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  24. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(4) · 126 Stat. 1514

    Redesignated · 42 U.S.C. § 6313(a)(6)(B)(iii)

    Pub. L. 112–210, § 10(a)(4), redesignated cl. (iii), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B)(iii). Pub. L. 112–210, § 10(a)(4), redesignated cl. (iii), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C).

    Enacted provision · exact public law section
    (4) Section 342(a)(6)(B)(iii) of the Energy Policy and Conservation Act (as added by section 306(c) of the Energy Independence and Security Act of 2007 42 USC 6313. (121 Stat. 1559)) is transferred and redesignated as clause (vi) of section 342(a)(6)(C) of the Energy Policy and Conservation Act (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)).

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  25. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(3)(A)(iv) · 126 Stat. 1514

    Redesignated · 42 U.S.C. § 6313(a)(6)(B)(iii)

    Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (iii). Former cl. (iii) redesignated cl. (vi) of subsec. (a)(6)(C)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (iii). Former cl. (iii) redesignated cl. (vi) of subsec. (a)(6)(C).

    Enacted provision · exact public law section
    (iv) by adding at the end the following: “(ii) Factors.— In Determination. determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the proposed standard by, to the maximum extent practicable, considering— “(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to the standard; “(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the standard; “(III) the total projected quantity of energy savings likely to result directly from the imposition of the standard; “(IV) any lessening of the utility or the performance of the products 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 conservation; and “(VII) other factors the Secretary considers relevant. “(iii) Administration.— “(I) Energy use and efficiency.— The Secretary may not prescribe any amended standard under this paragraph that increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. “(II) Unavailability.— “(aa) In general.— The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product 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 at the time of the finding of the Secretary. “(bb) Other types or classes.— The failure of some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes.” ; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  26. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 5(b)(2)(A) · 126 Stat. 1514

    1. Substituted · 42 U.S.C. § 6313(a)(6)(C)(i)

      Pub. L. 112–210, § 5(b)(2)(A), in introductory provisions, substituted “Every 6 years,” for “Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part,”

    2. Inserted · 42 U.S.C. § 6313(a)(6)(C)(i)

      Pub. L. 112–210, § 5(b)(2)(A), in introductory provisions, inserted “conduct an evaluation of each class of covered equipment and shall” after “the Secretary shall”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(C)(i). Pub. L. 112–210, § 5(b)(2)(A), in introductory provisions, substituted “Every 6 years,” for “Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part,” and inserted “conduct an evaluation of each class of covered equipment and shall” after “the Secretary shall”.

    Enacted provision · exact public law section
    (A) in clause (i)— (i) by striking “Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part,” and inserting “Every 6 years,”; and (ii) by inserting after “the Secretary shall” the following: Evaluation. “conduct an evaluation of each class of covered equipment and shall”; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  27. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(3)(B) · 126 Stat. 1514

    Substituted · 42 U.S.C. § 6313(a)(6)(C)(iv)

    Pub. L. 112–210, § 10(a)(3)(B), substituted “Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph” for “An amendment prescribed under this subsection” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(6)(C)(iv). Pub. L. 112–210, § 10(a)(3)(B), substituted “Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph” for “An amendment prescribed under this subsection” in introductory provisions.

    Enacted provision · exact public law section
    (B) in subparagraph (C)(iv), by striking “An amendment prescribed under this subsection” and inserting “Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph”.

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  28. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(4) · 126 Stat. 1514

    Redesignated · 42 U.S.C. § 6313(a)(6)(C)(vi)

    Pub. L. 112–210, § 10(a)(4), redesignated cl. (iii) of subsec. (a)(6)(B), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(C)(vi). Pub. L. 112–210, § 10(a)(4), redesignated cl. (iii) of subsec. (a)(6)(B), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C).

    Enacted provision · exact public law section
    (4) Section 342(a)(6)(B)(iii) of the Energy Policy and Conservation Act (as added by section 306(c) of the Energy Independence and Security Act of 2007 42 USC 6313. (121 Stat. 1559)) is transferred and redesignated as clause (vi) of section 342(a)(6)(C) of the Energy Policy and Conservation Act (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)).

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  29. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 5(b)(2)(B) · 126 Stat. 1514

    Added · 42 U.S.C. § 6313(a)(6)(C)(vi)

    Pub. L. 112–210, § 5(b)(2)(B), added cl. (vi) relating to notices for covered equipment for which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–210, § 5(b)(2)(B), added cl. (vi) relating to notices for covered equipment for which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product.

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(vi) Notice. Publication. Deadline. For any covered equipment as to which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product as of the date of enactment of this clause, the first notice required under clause (i) shall be published by December 31, 2013.” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  30. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 4(1) · 126 Stat. 1514

    1. Added · 42 U.S.C. § 6313(c)(1)(C)(E)

      Pub. L. 112–210, § 4(1), added subpars. (C) and (D)

    2. Redesignated · 42 U.S.C. § 6313(c)(1)(C)(E)

      Pub. L. 112–210, § 4(1), redesignated former subpar. (C) as (E)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C) to (E). Pub. L. 112–210, § 4(1), added subpars. (C) and (D) and redesignated former subpar. (C) as (E).

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by redesignating subparagraph (C) as subparagraph (E); and (B) by inserting after subparagraph (B) the following: “(C) Definition. The term ‘service over the counter, self-contained, medium temperature commercial refrigerator’ or ‘(SOC–SC–M)’ means a medium temperature commercial refrigerator— “(i) with a self-contained condensing unit and equipped with sliding or hinged doors in the back intended for use by sales personnel, and with glass or other transparent material in the front for displaying merchandise; and “(ii) that has a height not greater than 66 inches and is intended to serve as a counter for transactions between sales personnel and customers. “(D) Definition. The term ‘TDA’ means the total display area (ft2) of the refrigerated case, as defined in AHRI Standard 1200.” ;

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  31. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 4(2) · 126 Stat. 1514

    1. Added · 42 U.S.C. § 6313(c)(4)(6)

      Pub. L. 112–210, § 4(2), (3), added par. (4)

    2. Redesignated · 42 U.S.C. § 6313(c)(4)(6)

      Pub. L. 112–210, § 4(2), (3), redesignated former pars. (4) and (5) as (5) and (6), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(4) to (6). Pub. L. 112–210, § 4(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  32. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 2(1) · 126 Stat. 1514

    Substituted · 42 U.S.C. § 6313(f)(1)

    Pub. L. 112–210, § 2(1), substituted “paragraphs (2) through (6)” for “paragraphs (2) through (5)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 112–210, § 2(1), substituted “paragraphs (2) through (6)” for “paragraphs (2) through (5)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “paragraphs (2) through (5)” and inserting “paragraphs (2) through (6)”; and

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  33. American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 2(2) · 126 Stat. 1514

    Added · 42 U.S.C. § 6313(f)(6)

    Pub. L. 112–210, § 2(2), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (f)(6). Pub. L. 112–210, § 2(2), added par. (6).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(6) Innovative component technologies.— Subparagraph (C) of paragraph (1) shall not apply to a walk-in cooler or walk-in freezer component if the component manufacturer has demonstrated to the satisfaction of the Secretary that the component reduces energy consumption at least as much as if such subparagraph were to apply. In support of any demonstration under this paragraph, a manufacturer shall provide to the Secretary all data and technical information necessary to fully evaluate its application.” .

    Effective date note
    Amendment by section 10(a)(3), (4) 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.

  34. Government Reports Elimination Act of 2014

    Pub. L. 113–188 title VI § 601(c) · 128 Stat. 2016

    1. Struck · 42 U.S.C. § 6313(a)(6)(C)(v); 42 U.S.C. § 6313(a)(6)(C)(vi)

      Pub. L. 113–188, which directed amendment of subsec. (a)(6)(C) by striking cl. (v)

    2. Redesignated · 42 U.S.C. § 6313(a)(6)(C)(v); 42 U.S.C. § 6313(a)(6)(C)(vi)

      Pub. L. 113–188, which directed amendment of subsec. (a)(6)(C) by redesignating the cl. (vi) “as added by section 310(a)(4) of Public Law 112–110” as (v), was executed by striking cl. (v)

    3. Redesignated · 42 U.S.C. § 6313(a)(6)(C)(v); 42 U.S.C. § 6313(a)(6)(C)(vi)

      Pub. L. 113–188, which directed amendment of subsec. (a)(6)(C) by redesignating as (v) the cl. (vi) (relating to consideration of prices and operating patterns) which had been redesignated by section 10(a)(4) of Pub. L. 112–210, to reflect the probable intent of Congress. Prior to amendment, text of par. (v) read as follows: “The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(C)(v), (vi). Pub. L. 113–188, which directed amendment of subsec. (a)(6)(C) by striking cl. (v) and redesignating the cl. (vi) “as added by section 310(a)(4) of Public Law 112–110” as (v), was executed by striking cl. (v) and redesignating as (v) the cl. (vi) (relating to consideration of prices and operating patterns) which had been redesignated by section 10(a)(4) of Pub. L. 112–210, to reflect the probable intent of Congress. Prior to amendment, text of par. (v) read as follows: “The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.”

    Enacted provision · exact public law section
    (c) Energy Efficiency Standards for Industrial Equipment.— Section 342(a)(6)(C) of Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)(C)) is amended— (1) by striking clause (v); and (2) by redesignating clause (vi) (as added by section 310(a)(4) of Public Law 112–110; 126 Stat. 1524) as clause (v).

  35. EPS Improvement Act of 2017

    Pub. L. 115–115 § 2(b)(2) · 131 Stat. 2280

    Added · 42 U.S.C. § 6313(g)

    Pub. L. 115–115 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–115 added subsec. (g).

    Enacted provision · exact public law section
    (2) Energy conservation standard for certain equipment.— Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following: “(g) Lighting Power Supply Circuits.— If the Secretary, acting pursuant to section 341(b), includes as covered equipment solid state lighting power supply circuits, drivers, or devices described in section 321(36)(A)(ii), the Secretary may prescribe under this part, not earlier than 1 year after the date on which a test procedure has been prescribed, an energy conservation standard for such equipment.” .

52 of 53 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Paragraph (2), referred to in subsec. (b)(1), probably means par. (3), formerly par. (2), of subsec. (b) of this section, which was redesignated by Pub. L. 110–140, § 313(b)(1)(A).

Amendments1992–2018 · 6 rounds

2018

Subsec. (g). Pub. L. 115–115 added subsec. (g).

2014

Subsec. (a)(6)(C)(v), (vi). Pub. L. 113–188, which directed amendment of subsec. (a)(6)(C) by striking cl. (v) and redesignating the cl. (vi) “as added by section 310(a)(4) of Public Law 112–110” as (v), was executed by striking cl. (v) and redesignating as (v) the cl. (vi) (relating to consideration of prices and operating patterns) which had been redesignated by section 10(a)(4) of Pub. L. 112–210, to reflect the probable intent of Congress. Prior to amendment, text of par. (v) read as follows: “The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.”

2012

Subsec. (a)(6)(A)(i). Pub. L. 112–210, § 5(b)(1), inserted “the standard levels or design requirements applicable under that standard to” before “any small commercial”.

Subsec. (a)(6)(B). Pub. L. 112–210, § 10(a)(3)(A)(i)–(iii), designated existing provisions as cl. (i), inserted cl. (i) heading, and substituted “subparagraph (A)(ii)(II)” for “clause (ii)(II)” and “subparagraph (A)(i)” for “clause (i)”.

Subsec. (a)(6)(B)(ii). Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (ii).

Subsec. (a)(6)(B)(iii). Pub. L. 112–210, § 10(a)(4), redesignated cl. (iii), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C).

Pub. L. 112–210, § 10(a)(3)(A)(iv), added cl. (iii). Former cl. (iii) redesignated cl. (vi) of subsec. (a)(6)(C).

Subsec. (a)(6)(C)(i). Pub. L. 112–210, § 5(b)(2)(A), in introductory provisions, substituted “Every 6 years,” for “Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part,” and inserted “conduct an evaluation of each class of covered equipment and shall” after “the Secretary shall”.

Subsec. (a)(6)(C)(iv). Pub. L. 112–210, § 10(a)(3)(B), substituted “Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph” for “An amendment prescribed under this subsection” in introductory provisions.

Subsec. (a)(6)(C)(vi). Pub. L. 112–210, § 10(a)(4), redesignated cl. (iii) of subsec. (a)(6)(B), relating to consideration of prices and operating patterns, as cl. (vi) of subsec. (a)(6)(C).

Pub. L. 112–210, § 5(b)(2)(B), added cl. (vi) relating to notices for covered equipment for which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product.

Subsec. (c)(1)(C) to (E). Pub. L. 112–210, § 4(1), added subpars. (C) and (D) and redesignated former subpar. (C) as (E).

Subsec. (c)(4) to (6). Pub. L. 112–210, § 4(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (f)(1). Pub. L. 112–210, § 2(1), substituted “paragraphs (2) through (6)” for “paragraphs (2) through (5)” in introductory provisions.

Subsec. (f)(6). Pub. L. 112–210, § 2(2), added par. (6).

2007

Subsec. (a)(1). Pub. L. 110–140, § 314(b)(1), (2), in introductory provisions, inserted “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” and struck out “but before ,” after “,”.

Subsec. (a)(2). Pub. L. 110–140, § 314(b)(1), inserted “(including single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” in introductory provisions.

Subsec. (a)(6). Pub. L. 110–140, § 305(b), inserted heading, added subpars. (A) to (C), redesignated former subpar. (C) as (D), and struck out former subpars. (A) and (B) which related to, in subpar. (A), establishment of amended uniform national standards for certain air conditioning and heating equipment and products if ASHRAE/IES Standard 90.1 had been amended and, if such standard had not been amended, initiation of a rulemaking to determine whether a more stringent standard would result in additional energy conservation and be technologically feasible and economically justified, and, in subpar. (B), establishment of an amended standard, including factors to be considered, if a rule had been issued pursuant to a subpar. (A) determination and prohibition of an amended standard which would decrease energy efficiency or would likely result in the unavailability of a product type.

Subsec. (a)(6)(B)(iii). Pub. L. 110–140, § 306(c), added cl. (iii) at end.

Subsec. (a)(7). Pub. L. 110–140, § 314(b)(3), (4)(A), in introductory provisions, inserted “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” and struck out “manufactured on or after ,” before “shall meet”.

Subsec. (a)(7)(A) to (C). Pub. L. 110–140, § 314(b)(4)(B), substituted “For equipment manufactured on or after , the” for “The”.

Subsec. (a)(7)(D). Pub. L. 110–140, § 314(b)(4)(C), added subpar. (D).

Subsec. (a)(8), (9). Pub. L. 110–140, § 314(b)(3), inserted “(other than single package vertical air conditioners and single package vertical heat pumps)” after “heating equipment” in introductory provisions.

Subsec. (a)(10). Pub. L. 110–140, § 314(b)(5), added par. (10).

Subsec. (b)(2) to (4). Pub. L. 110–140, § 313(b)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (f). Pub. L. 110–140, § 312(b), added subsec. (f).

2005

Subsec. (a). Pub. L. 109–58, § 136(b)(1), substituted “Small, large, and very large” for “Small and large” in heading.

Subsec. (a)(1). Pub. L. 109–58, § 136(b)(2), inserted “but before ,” after “,” in introductory provisions.

Subsec. (a)(2). Pub. L. 109–58, § 136(b)(3), inserted “but before ,” after “,” in introductory provisions.

Subsec. (a)(6)(A). Pub. L. 109–58, § 136(b)(4)(A), designated existing provisions as cl. (i), substituted “” for “”, inserted “and very large commercial package air conditioning and heating equipment, or if ASHRAE/IES Standard 90.1, as in effect on , is amended with respect to any” after “large commercial package air conditioning and heating equipment,”, and added cl. (ii).

Subsec. (a)(6)(C)(ii). Pub. L. 109–58, § 136(b)(4)(B), inserted “and very large commercial package air conditioning and heating equipment” after “large commercial package air conditioning and heating equipment”.

Subsec. (a)(7) to (9). Pub. L. 109–58, § 136(b)(5), added pars. (7) to (9).

Subsecs. (c) to (e). Pub. L. 109–58, § 136(c)–(e), added subsecs. (c) to (e).

1992

Pub. L. 102–486 amended section generally, substituting present provisions for former provisions requiring Secretary to conduct evaluations of electric motors and pumps and other industrial equipment for purposes of determining standards.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by section 10(a)(3), (4) 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.

Effective Date of 2007 Amendment

Pub. L. 110–140, title III, § 313(b)(2), , 121 Stat. 1569, provided that: “The amendments made by paragraph (1) [amending this section] take effect on the date that is 3 years after the date of enactment of this Act [].”

Amendment by Pub. L. 110–140 effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Credits

1978–2018 · 7 acts
  1. 1978Pub. L. 94–163, title III, § 342, as added Pub. L. 95–619, title IV, § 441(a), , 92 Stat. 3269
  2. 1992amended Pub. L. 102–486, title I, § 122(d), , 106 Stat. 2810
  3. 2005Pub. L. 109–58, title I, § 136(b)–(e), , 119 Stat. 636–641
  4. 2007Pub. L. 110–140, title III, §§ 305(b), 306(c), 312(b), 313(b)(1), 314(b), , 121 Stat. 1554, 1559, 1564, 1568, 1570
  5. 2012Pub. L. 112–210, §§ 2, 4, 5(b), 10(a)(3), (4), , 126 Stat. 1514, 1516, 1518, 1522, 1524
  6. 2014Pub. L. 113–188, title VI, § 601(c), , 128 Stat. 2019
  7. 2018Pub. L. 115–115, § 2(b)(2), , 131 Stat. 2280.
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(Pub. L. 94–163, title III, § 342, as added Pub. L. 95–619, title IV, § 441(a), , 92 Stat. 3269; amended Pub. L. 102–486, title I, § 122(d), , 106 Stat. 2810; Pub. L. 109–58, title I, § 136(b)–(e), , 119 Stat. 636–641; Pub. L. 110–140, title III, §§ 305(b), 306(c), 312(b), 313(b)(1), 314(b), , 121 Stat. 1554, 1559, 1564, 1568, 1570; Pub. L. 112–210, §§ 2, 4, 5(b), 10(a)(3), (4), , 126 Stat. 1514, 1516, 1518, 1522, 1524; Pub. L. 113–188, title VI, § 601(c), , 128 Stat. 2019; Pub. L. 115–115, § 2(b)(2), , 131 Stat. 2280.)

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