[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Proposed Rules]
[Pages 44795-44798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15080]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2019-BT-STD-0044]
RIN 1904-AE41
Energy Conservation Program: Energy Conservation Standards for
Certain Commercial and Industrial Equipment; Early Assessment Review;
Commercial Clothes Washers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review for amended energy conservation standards for
commercial clothes washers to determine whether to amend applicable
energy conservation standards for this equipment. Specifically, through
this request for information (``RFI''), DOE seeks data and information
that could enable the agency to determine whether DOE should propose a
``no-new-standard'' determination because a more-stringent standard:
Would not result in a significant savings of energy; is not
technologically feasible; is not economically justified; or any
combination of the foregoing. DOE welcomes written comments from the
public on any subject within the scope of this document (including
those topics not specifically raised in this RFI), as well as the
submission of data and other relevant information concerning this early
assessment review.
DATES: Written comments and information are requested and will be
accepted on or before September 22, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2019-BT-
STD-0044, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include
docket number EERE-2019-BT-STD-0044 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW,
[[Page 44796]]
Washington, DC, 20585-0121. Telephone: (202) 287-1445. If possible,
please submit all items on a compact disc (``CD''), in which case it is
not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza, SW, Suite 600, Washington, DC, 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2019-BT-STD-0044. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-0371. Email:
[email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7796. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information
A. Significant Savings of Energy
B. Technological Feasibility
C. Economic Justification
III. Submission of Comments
I. Introduction
DOE has established an early assessment review process to conduct a
more focused analysis of a specific set of facts or circumstances that
would allow DOE to determine that, based on one or more statutory
criteria, a new or amended energy conservation standard is not
warranted. One of the major factors that led to the establishment of
this review is to limit the resources, from both DOE and stakeholders,
allocated to rulemakings that will not satisfy the requirements in
Energy Policy and Conservation Act, as amended (``EPCA'') \1\ that a
new or amended energy conservation standard save a significant amount
of energy, and be economically justified and technologically feasible.
See 85 FR 8626, 8653-8654 (Feb. 14, 2020).
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
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As part of the early assessment, DOE publishes a RFI in the Federal
Register, announcing that DOE is considering initiating a rulemaking
proceeding and soliciting comments, data, and information on whether a
new or amended energy conservation standard would save a significant
amount of energy and be technologically feasible and economically
justified. Based on the information received in response to the RFI and
DOE's own analysis, DOE will determine whether to proceed with a
rulemaking for a new or amended energy conservation standard.
If DOE makes an initial determination based upon available evidence
that a new or amended energy conservation standard would not meet the
applicable statutory criteria, DOE would engage in notice and comment
rulemaking before issuing a final determination that new or amended
energy conservation standards are not warranted. Conversely, if DOE
makes an initial determination that a new or amended energy
conservation standard would satisfy the applicable statutory criteria
or DOE's analysis is inconclusive, DOE would undertake the preliminary
stages of a rulemaking to issue a new or amended energy conservation
standard. Beginning such a rulemaking, however, would not preclude DOE
from later making a determination that a new or amended energy
conservation standard cannot satisfy the requirements in the EPCA,
based upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb.
14, 2020).
A. Authority
EPCA, among other things, authorizes DOE to regulate the energy
efficiency of a number of consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, added
by Public Law 95-619, Title IV, section 441(a) (42 U.S.C. 6311-6317, as
codified), established the Energy Conservation Program for Certain
Industrial Equipment, which sets forth a variety of provisions designed
to improve energy efficiency. This equipment includes commercial
clothes washers (``CCW''), the subject of this document. (42 U.S.C.
6311(1)(H)).
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), energy conservation standards (42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316).
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers
of Federal preemption in limited instances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under 42 U.S.C. 6316(a) (applying the preemption waiver
provisions of 42 U.S.C. 6297).
EPCA also requires that, not later than six years after the
issuance of any final rule establishing or amending a standard, DOE
evaluate the energy conservation standards for each type of covered
equipment, including those at issue here, and publish either a notice
of determination that the standards do not need to be amended, or a
notice of proposed rulemaking (``NOPR'') that includes new proposed
energy conservation standards (proceeding to a final rule, as
appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)) In making a
determination that the
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standards do not need to be amended, DOE must evaluate whether amended
standards (1) will result in significant conservation of energy, (2)
are technologically feasible, and (3) are cost effective as described
under 42 U.S.C. 6295(o)(2)(B)(i)(II). (42 U.S.C. 6316(a); 42 U.S.C.
6295(m)(1)(A); 42 U.S.C. 6295(n)(2)) Under 42 U.S.C.
6295(o)(2)(B)(i)(II), DOE must determine whether the benefits of a
standard exceed its burdens by, to the greatest extent practicable,
considering the savings in operating costs throughout the estimated
average life of the covered equipment in the type (or class) compared
to any increase in the price of, or in the initial charges for, or
maintenance expenses of, the covered equipment which are likely to
result from the imposition of the standard. If DOE determines not to
amend a standard based on the statutory criteria, not later than three
years after the issuance of a final determination not to amend
standards, DOE must publish either a notice of determination that
standards for the equipment do not need to be amended, or a NOPR
including new proposed energy conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C. 6316(a); 42 U.S.C.
6295(m)(3)(B)) DOE must make the analysis on which a determination is
based publicly available and provide an opportunity for written
comment. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(2))
In proposing new standards, DOE must evaluate that proposal against
the criteria of 42 U.S.C. 6295(o), as described in the following
section, and follow the rulemaking procedures set out in 42 U.S.C.
6295(p). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)(B)) If DOE decides to
amend the standard based on the statutory criteria, DOE must publish a
final rule not later than two years after energy conservation standards
are proposed. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(3)(A))
B. Rulemaking History
DOE completed a rulemaking in 2014 to amend the standards for CCWs
manufactured on or after January 1, 2018. 79 FR 74492 (Dec. 15, 2014;
``December 2014 Final Rule''). The current energy conservation
standards established in this final rule are located in title 10 of the
Code of Federal Regulations (``CFR'') part 431 section 156(b). As
provided in 10 CFR 431.154, the currently applicable DOE test
procedures for CCWs appear at appendix J2 to subpart B of part 430,
which prescribes the test procedures for residential clothes
washers.\3\
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\3\ EPCA directs that the test procedure for CCWs shall be the
same as the test procedures established for residential clothes
washers. (42 U.S.C. 6314(a)(8))
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II. Request for Information
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its decision, consistent with its
obligations under EPCA, as to whether the Department should proceed
with an energy conservation standards rulemaking. Accordingly, in the
following sections, DOE has identified specific issues on which it
seeks input to aid in its analysis of whether an amended standard for
CCWs would not save a significant amount of energy or be
technologically feasible or economically justified. In particular, DOE
is interested in any information indicating that there has not been
sufficient technological or market changes since DOE last conducted an
energy conservation standards rulemaking analysis for CCWs to suggest a
more-stringent standard could satisfy these criteria. DOE also welcomes
comments on other issues relevant to its early assessment that may not
specifically be identified in this document.
A. Significant Savings of Energy
On December 15, 2014, DOE established energy conservation standards
for CCWs that are expected to result in 0.04 quadrillion British
thermal units (``quads'') of site energy savings \4\ over a 30-year
period, which amounts to energy savings of 7 percent relative to the
energy use of CCWs without the amended standards. 79 FR 74492, 74493.
If DOE determines that more-stringent energy conservation standards
would not result in an additional 0.3 quads of site energy savings or
an additional 10-percent reduction in site energy use over a 30-year
period, DOE would propose to make a no-new-standards determination. DOE
seeks comment on energy savings that could be expected from more-
stringent standards for CCWs.
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\4\ This estimate of 0.04 quads reflects site energy savings.
The final rule published December 15, 2014 presented the 30-year
energy savings estimate as 0.07 quads, reflecting full-fuel-cycle
(``FFC'') energy savings. The FFC measure includes point-of-use
(site) energy; the energy losses associated with generation,
transmission, and distribution of electricity; and the energy
consumed in extracting, processing, and transporting or distributing
primary fuels. 79 FR 77492, 74502.
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B. Technological Feasibility
In the December 2014 Final Rule, DOE considered a number of
technology options that manufacturers could use to reduce energy
consumption in CCWs. DOE seeks comment on any changes to these
technology options that could affect whether DOE could propose a ``no-
new-standards'' determination, such as an insignificant increase in the
range of efficiencies and performance characteristics of these
technology options. DOE also seeks comment on whether there are any
other technology options that DOE should consider in its analysis.
C. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards for CCWs. DOE also seeks
comment and data on any other aspects of its economic justification
analysis from the December 2014 Final Rule that may indicate whether
more-stringent energy conservation standards would not be economically
justified or cost effective.
III. Submission of Comments
DOE invites all interested parties to submit in writing by
September 22, 2020, comments and information on matters addressed in
this notice and on other matters relevant to DOE's early assessment of
whether more-stringent energy conservation standards are not warranted
for CCWs.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any
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information that you do not want to be publicly viewable should not be
included in your comment, nor in any document attached to your comment.
If this instruction is followed, persons viewing comments will see only
first and last names, organization names, correspondence containing
comments, and any documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information in a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
One copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email to
[email protected] or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on July 8,
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 8, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-15080 Filed 7-23-20; 8:45 am]
BILLING CODE 6450-01-P