19 Feb 2019
Proposal to Modernise Energy Efficiency Standards Rulemaking Methodology under Consideration
The U.S. Department of Energy is seeking input by 15 April on a proposal to update and modernise its current rulemaking methodology for the consideration of new or revised energy conservation standards for consumer products (known as the “Process Rule”). Specifically, the DOE is proposing to clarify that the Process Rule applies to the establishment of new or revised energy conservation standards and test procedures for both consumer products and commercial/industrial equipment. The proposal would make the specified rulemaking procedures binding on the DOE and revise language in certain provisions to make it consistent with the Energy Policy and Conservation Act of 1975 and other applicable law.
The DOE is also proposing to expand early opportunities for public input on the appliance programme’s priority setting and rulemaking activities, define a significant energy savings threshold for updating energy conservation standards, commit to publishing final test procedures at least 180 days in advance of a standards proposal, and delineate procedures for rulemaking under the separate direct final rule and negotiated rulemaking authorities, among other issues.