The Department of Energy (DOE) conducted a formal effort between 1995 and 1996 to improve the process it used to develop appliance efficiency standards. This effort involved many different stakeholders, including manufacturers, energy-efficiency advocates, trade associations, state agencies, utilities, and other interested parties. The result was the publication of the Process Rule: 61 FR 36974 (July 15, 1996).
Found in the Code of Federal Regulations at 10 CFR 430 Appendix A to Subpart C, the Process Rule describes the procedures, interpretations, and policies that guide DOE in establishing new or revised energy-efficiency standards for consumer products.
In November 2010, DOE announced that it would, in appropriate cases, implement the following changes to expedite its rulemaking process:
- Employing more efficient data-gathering methods
- Moving analytical information to the technical support document
- Establishing a standing negotiated rulemaking committee
On February 14, 2020, DOE published a Federal Register final rule that revised the Process Rule.
On April 12, 2021, DOE published a Federal Register notice proposing to revise the Department’s “Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment” (Process Rule), revising the process the Department follows to develop energy conservation standards and test procedures for covered products and equipment. The proposed revisions are consistent with longstanding DOE practice and would remove unnecessary obstacles to DOE’s ability to meet its statutory obligations under the Energy Policy and Conservation Act (EPCA).
On July 7, 2021, DOE published a Federal Register notice proposing revisions to DOE's “Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment” (Process Rule) and requests comment on the proposals and any potential alternatives. A separate notice of proposed rulemaking on the Process Rule was published on April 12, 2021 and DOE accepted comments on those proposed revisions through May 27, 2021. This is a second proposal in the two-part revision process. These proposed revisions are consistent with current DOE practice and would remove unnecessary obstacles to DOE’s ability to meet its statutory obligations under the Energy Policy and Conservation Act (EPCA). Proposed process revisions in this notice include the following topic areas: coverage determination rulemakings; clarification of EPCA’s rulemaking process for ASHRAE equipment; and clarification of DOE’s analytical methods.
On December 13, 2021 DOE published a Federal Register final rule pertaining to Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment (Process Rule). The revisions adopted in this final rule are consistent with longstanding DOE practice and would remove unnecessary obstacles to DOE’s ability to meet its statutory obligations under the Energy Policy and Conservation Act (EPCA).
- This rule is effective January 12, 2022.
On April 8, 2024 DOE published a Federal Register final rule revising the Process Rule consistent with current DOE practice and to allow DOE to better meet its statutory obligations under the Energy Policy and Conservation Act.