The Energy Independence and Security Act
(EISA) of 2007 modified the Energy Policy and Conservation Act (EPCA) to
authorize the Department of Energy (DOE or the Department) to consider regional
standards for certain products if such standards can save significantly more
energy and are economically justified. Specifically, in addition to a base
national standard, DOE was authorized to establish up to two additional
regional standards for central air conditioners and heat pumps (CACHP) and one
additional regional standard for furnaces. 42 U.S.C. § 6295(o)(6)(B)(ii).
The Department recognizes that regional
standards present new certification, compliance, and enforcement issues.
Congress ostensibly anticipated these issues and explicitly required DOE to
initiate rulemaking for enforcement of regional standards no later than 90 days
after issuance of the final rule establishing regional standards. DOE is
required to complete this enforcement rulemaking no later than 15 months from
issuance of the final rule. (42 U.S.C. § 6295(o)(6)(G)(ii)(I), (III))
Adoption of regional standards by DOE also
triggers requirements for the Federal Trade Commission (FTC). EPCA directs the
FTC to initiate rulemaking within 90 days after the publication of a final rule
establishing regional standards in order to determine the “appropriate 1 or
more methods for disclosing information so that consumers, distributors,
contractors, and installers can easily determine whether a specific piece of
equipment that is installed in a specific building is in conformance with the
regional standard that applies to the building.” The FTC is required to
complete this rulemaking no later than 15 months of publication of the final
rule establishing regional standards. (42 U.S.C. § 6295(o)(6)(H)(i), (iii))
On June 27, 2011, DOE promulgated a direct
final rule establishing regional standards for residential furnaces and
residential air conditioners and heat pumps. 76 Fed. Reg. 37408. In addition to
a base national standard for each product, DOE established one regional
standard for furnaces and two regional standards for central air conditioners
and heat pumps. Compliance dates for these standards are May 1, 2013, for
non-weatherized furnaces and January 1, 2015, for weatherized furnaces and
central air conditioners and heat pumps.
The tables below provide the amended
regional energy conservation standards, as set forth in the June 2011 direct
final rule. Table 1 displays the amended standards for furnaces; Table 2
displays the amended standards for central air conditioners and heat pumps.
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