Part A– 1—Certain Industrial Equipment
Editorial Notes
Codification
This part was, in the original, designated part C and has been changed to part A–1 for purposes of codification.
§6311. Definitions
For purposes of this part—
(1) The term "covered equipment" means one of the following types of industrial equipment:
(A) Electric motors and pumps.
(B) Small commercial package air conditioning and heating equipment.
(C) Large commercial package air conditioning and heating equipment.
(D) Very large commercial package air conditioning and heating equipment.
(E) Commercial refrigerators, freezers, and refrigerator-freezers.
(F) Automatic commercial ice makers.
(G) Walk-in coolers and walk-in freezers.
(H) Commercial clothes washers.
(I) Packaged terminal air-conditioners and packaged terminal heat pumps.
(J) Warm air furnaces and packaged boilers.
(K) Storage water heaters, instantaneous water heaters, and unfired hot water storage tanks.
(L) Any other type of industrial equipment which the Secretary classifies as covered equipment under
(2)(A) The term "industrial equipment" means any article of equipment referred to in subparagraph (B) of a type—
(i) which in operation consumes, or is designed to consume, energy;
(ii) which, to any significant extent, is distributed in commerce for industrial or commercial use; and
(iii) which is not a "covered product" as defined in
without regard to whether such article is in fact distributed in commerce for industrial or commercial use.
(B) The types of equipment referred to in this subparagraph (in addition to electric motors and pumps, commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, 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) are as follows:
(i) compressors;
(ii) fans;
(iii) blowers;
(iv) refrigeration equipment;
(v) electric lights and lighting power supply circuits;
(vi) electrolytic equipment;
(vii) electric arc equipment;
(viii) steam boilers;
(ix) ovens;
(x) kilns;
(xi) evaporators;
(xii) dryers; and
(xiii) other motors.
(3) The term "energy efficiency" means the ratio of the useful output of services from an article of industrial equipment to the energy use by such article, determined in accordance with test procedures under
(4) The term "energy use" means the quantity of energy directly consumed by an article of industrial equipment at the point of use, determined in accordance with test procedures established under
(5) The term "manufacturer" means any person who manufactures industrial equipment.
(6) The term "label" may include any printed matter determined appropriate by the Secretary.
(7) The terms "energy", "manufacture", "import", "importation", "consumer product", "distribute in commerce", "distribution in commerce", and "commerce" have the same meaning as is given such terms in
(8)(A) The term "commercial package air conditioning and heating equipment" means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application.
(B) The term "small commercial package air conditioning and heating equipment" means commercial package air conditioning and heating equipment that is rated below 135,000 Btu per hour (cooling capacity).
(C) The term "large commercial package air conditioning and heating equipment" means commercial package air conditioning and heating equipment that is rated—
(i) at or above 135,000 Btu per hour; and
(ii) below 240,000 Btu per hour (cooling capacity).
(D) The term "very large commercial package air conditioning and heating equipment" means commercial package air conditioning and heating equipment that is rated—
(i) at or above 240,000 Btu per hour; and
(ii) below 760,000 Btu per hour (cooling capacity).
(9)(A) The term "commercial refrigerator, freezer, and refrigerator-freezer" means refrigeration equipment that—
(i) is not a consumer product (as defined in
(ii) is not designed and marketed exclusively for medical, scientific, or research purposes;
(iii) operates at a chilled, frozen, combination chilled and frozen, or variable temperature;
(iv) displays or stores merchandise and other perishable materials horizontally, semivertically, or vertically;
(v) has transparent or solid doors, sliding or hinged doors, a combination of hinged, sliding, transparent, or solid doors, or no doors;
(vi) is designed for pull-down temperature applications or holding temperature applications; and
(vii) is connected to a self-contained condensing unit or to a remote condensing unit.
(B) The term "holding temperature application" means a use of commercial refrigeration equipment other than a pull-down temperature application, except a blast chiller or freezer.
(C) The term "integrated average temperature" means the average temperature of all test package measurements taken during the test.
(D) The term "pull-down temperature application" means a commercial refrigerator with doors that, when fully loaded with 12 ounce beverage cans at 90 degrees F, can cool those beverages to an average stable temperature of 38 degrees F in 12 hours or less.
(E) The term "remote condensing unit" means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located from the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.
(F) The term "self-contained condensing unit" means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.
(10)(A) The term "packaged terminal air conditioner" means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builder's choice of hot water, steam, or electricity.
(B) The term "packaged terminal heat pump" means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat.
(11)(A) The term "warm air furnace" means a self-contained oil- or gas-fired furnace designed to supply heated air through ducts to spaces that require it and includes combination warm air furnace/electric air conditioning units but does not include unit heaters and duct furnaces.
(B) The term "packaged boiler" means a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls; usually shipped in one or more sections.
(12)(A) The term "storage water heater" means a water heater that heats and stores water within the appliance at a thermostatically controlled temperature for delivery on demand. Such term does not include units with an input rating of 4000 Btu per hour or more per gallon of stored water.
(B) The term "instantaneous water heater" means a water heater that has an input rating of at least 4000 Btu per hour per gallon of stored water.
(C) The term "unfired hot water storage tank" means a tank used to store water that is heated externally.
(13)
(A)
(B)
(i) A U-Frame Motor.
(ii) A Design C Motor.
(iii) A close-coupled pump motor.
(iv) A Footless motor.
(v) A vertical solid shaft normal thrust motor (as tested in a horizontal configuration).
(vi) An 8-pole motor (900 rpm).
(vii) A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts.1
(C) The term "definite purpose motor" means any motor designed in standard ratings with standard operating characteristics or standard mechanical construction for use under service conditions other than usual or for use on a particular type of application and which cannot be used in most general purpose applications.
(D) The term "special purpose motor" means any motor, other than a general purpose motor or definite purpose motor, which has special operating characteristics or special mechanical construction, or both, designed for a particular application.
(E) The term "open motor" means a motor having ventilating openings which permit passage of external cooling air over and around the windings of the machine.
(F) The term "enclosed motor" means a motor so enclosed as to prevent the free exchange of air between the inside and outside of the case but not sufficiently enclosed to be termed airtight.
(G) The term "small electric motor" means a NEMA general purpose alternating current single-speed induction motor, built in a two-digit frame number series in accordance with NEMA Standards Publication MG1–1987.
(H) The term "efficiency" when used with respect to an electric motor means the ratio of an electric motor's useful power output to its total power input, expressed in percentage.
(I) The term "nominal full load efficiency" means the average efficiency of a population of motors of duplicate design as determined in accordance with NEMA Standards Publication MG1–1987.
(14) The term "ASHRAE" means the American Society of Heating, Refrigerating, and Air Conditioning Engineers.
(15) The term "IES" means the Illuminating Engineering Society of North America.
(16) The term "NEMA" means the National Electrical Manufacturers Association.
(17) The term "IEEE" means the Institute of Electrical and Electronics Engineers.
(18) The term "energy conservation standard" means—
(A) a performance standard that prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a product; or
(B) a design requirement for a product.
(19) The term "automatic commercial ice maker" means a factory-made assembly (not necessarily shipped in one package) that—
(A) consists of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice; and
(B) may include means for storing ice, dispensing ice, or storing and dispensing ice.
(20)
(A)
(B)
(21) The term "commercial clothes washer" means a soft-mount front-loading or soft-mount top-loading clothes washer that—
(A) has a clothes container compartment that—
(i) for horizontal-axis clothes washers, is not more than 3.5 cubic feet; and
(ii) for vertical-axis clothes washers, is not more than 4.0 cubic feet; and
(B) is designed for use in—
(i) applications in which the occupants of more than one household will be using the clothes washer, such as multi-family housing common areas and coin laundries; or
(ii) other commercial applications.
(22) 2 The term "harvest rate" means the amount of ice (at 32 degrees F) in pounds produced per 24 hours.
(22) 2
(A) is factory-assembled as a single package that—
(i) has major components that are arranged vertically;
(ii) is an encased combination of cooling and optional heating components; and
(iii) is intended for exterior mounting on, adjacent interior to, or through an outside wall;
(B) is powered by a single- or 3-phase current;
(C) may contain 1 or more separate indoor grilles, outdoor louvers, various ventilation options, indoor free air discharges, ductwork, well plenum, or sleeves; and
(D) has heating components that may include electrical resistance, steam, hot water, or gas, but may not include reverse cycle refrigeration as a heating means.
(23)
(A) uses reverse cycle refrigeration as its primary heat source; and
(B) may include secondary supplemental heating by means of electrical resistance, steam, hot water, or gas.
(
Editorial Notes
Amendments
2018—Par. (2)(B)(v).
2012—Par. (2)(B)(xiii).
2007—Par. (1)(G) to (L).
Par. (13).
Pars. (20), (21).
Par. (22).
Par. (23).
2005—Par. (1)(D) to (K).
Par. (2)(B).
Pars. (8), (9).
"(8) The term 'small commercial package air conditioning and heating equipment' means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated below 135,000 Btu per hour (cooling capacity).
"(9) The term 'large commercial package air conditioning and heating equipment' means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated at or above 135,000 Btu per hour and below 240,000 Btu per hour (cooling capacity)."
Pars. (19) to (21).
1992—Par. (1)(B) to (G).
Par. (2)(B).
Par. (3).
Pars. (8) to (18).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Extended Product System Rebate Program
"(a)
"(1)
"(2)
"(A) a power converter; or
"(B) a combination of a power circuit and control circuit included on 1 chassis.
"(3)
"(A) offers variable speed or multispeed operation;
"(B) offers partial load control that reduces input energy requirements (as measured in kilowatt-hours) as compared to identified base levels set by the Secretary of Energy (in this section referred to as the 'Secretary'); and
"(C)(i) has greater than 1 horsepower; and
"(ii) uses an extended product system technology, as determined by the Secretary.
"(4)
"(A)
"(i) includes an electric motor and an electronic control; and
"(ii) reduces the input energy (as measured in kilowatt-hours) required to operate the extended product system by not less than 5 percent, as compared to identified base levels set by the Secretary.
"(B)
"(i)(I) did not previously make use of the extended product system prior to the redesign described in subclause (II); and
"(II) incorporates an extended product system that has greater than 1 horsepower into redesigned machinery or equipment; and
"(ii) was previously used prior to, and was placed back into service during, calendar year 2021 or 2022.
"(b)
"(c)
"(1)
"(A) in the case of a qualified extended product system described in subsection (a)(4)(A), the purchaser of the qualified extended product that is installed; and
"(B) in the case of a qualified extended product system described in subsection (a)(4)(B), the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment.
"(2)
"(A) an application in such form, at such time, and containing such information as the Secretary may require; and
"(B) a certification that includes demonstrated evidence—
"(i) that the entity is a qualified entity; and
"(ii)(I) in the case of a qualified entity described in paragraph (1)(A)—
"(aa) that the qualified entity installed the qualified extended product system during the 2 fiscal years following the date of enactment of this Act;
"(bb) that the qualified extended product system meets the requirements of subsection (a)(4)(A); and
"(cc) showing the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed; or
"(II) in the case of a qualified entity described in paragraph (1)(B), demonstrated evidence—
"(aa) that the qualified extended product system meets the requirements of subsection (a)(4)(B); and
"(bb) showing the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated.
"(d)
"(1)
"(A) an amount equal to the sum of the nameplate rated horsepower of—
"(i) the electric motor to which the qualified extended product system is attached; and
"(ii) the electronic control; and
"(B) $25.
"(2)
"(e)
1 So in original. A closing parenthesis probably should follow "volts".
2 So in original. Two pars. (22) have been enacted.
§6312. Purposes and coverage
(a) Congressional statement of purpose
It is the purpose of this part to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation.
(b) Inclusion of industrial equipment as covered equipment
The Secretary may, by rule, include a type of industrial equipment as covered equipment if he determines that to do so is necessary to carry out the purposes of this part.
(c) Inclusion of component parts of consumer products as industrial equipment
The Secretary may, by rule, include as industrial equipment articles which are component parts of consumer products, if he determines that—
(1) such articles are, to a significant extent, distributed in commerce other than as component parts for consumer products; and
(2) such articles meet the requirements of
(
§6313. Standards
(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 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, 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 January 1, 1995, but before January 1, 2010, 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 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)
(i)
(ii)
(I)
(II)
(B)
(i)
(ii)
(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)
(I)
(II)
(aa)
(bb)
(C)
(i)
(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)
(I) publish a notice stating that the analysis of the Department is publicly available; and
(II) provide an opportunity for written comment.
(iii)
(I)
(II)
(iv)
(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)
(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 December 18, 2012, the first notice required under clause (i) shall be published by December 31, 2013.
(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 January 1, 2010, 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 January 1, 2010, 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 January 1, 2010, 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 January 1, 2008, or the date that is 180 days after December 19, 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.
(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 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 (other than single package vertical air conditioners and single package vertical heat pumps) 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).
(10)
(A)
(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)
(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 October 24, 1992, 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 October 24, 1992, shall have a nominal full load efficiency of not less than the following:
| Number of poles | Nominal Full-Load Efficiency | |||||
|---|---|---|---|---|---|---|
| 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 | 93.6 | 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 | 95.0 |
(2)
(A)
(B)
(C)
(D) NEMA
(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 October 24, 1992, a manufacturer seeking an exemption under this paragraph with respect to a type or class of electric motor developed on or before October 24, 1992, 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 October 24, 1992, 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 October 24, 1992, 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 January 1, 2010, shall have a daily energy consumption (in kilowatt hours per day) that does not exceed the following:
| Refrigerators with solid doors | 0.10 V + 2.04 |
| Refrigerators with transparent doors | 0.12 V + 3.34 |
| Freezers with solid doors | 0.40 V + 1.38 |
| Freezers with transparent doors | 0.75 V + 4.10 |
| Refrigerators/freezers with solid doors the greater of | 0.27 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) Each SOC–SC–M manufactured on or after January 1, 2012, 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 December 18, 2012, 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 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.
(6)(A) 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) 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
| Equipment Type | Type of Cooling | Harvest Rate (lbs ice/24 hours) | Maximum Energy Use (kWh/100 lbs Ice) | Maximum Condenser Water Use (gal/100 lbs Ice) |
|---|---|---|---|---|
| Ice Making Head | Water | <500 | 7.80–0.0055H | 200–0.022H |
| ≥500 and <1436 | 5.58–0.0011H | 200–0.022H | ||
| ≥1436 | 4.0 | 200–0.022H | ||
| Ice Making Head | Air | <450 | 10.26–0.0086H | Not Applicable |
| ≥450 | 6.89–0.0011H | Not Applicable | ||
| Remote Condensing (but not remote compressor) | Air | <1000 | 8.85–0.0038H | Not Applicable |
| ≥1000 | 5.10 | Not Applicable | ||
| Remote Condensing and Remote Compressor | Air | <934 | 8.85–0.0038H | Not Applicable |
| ≥934 | 5.3 | Not Applicable | ||
| Self Contained | Water | <200 | 11.40–0.019H | 191–0.0315H |
| ≥200 | 7.60 | 191–0.0315H | ||
| Self Contained | Air | <175 | 18.0–0.0469H | Not Applicable |
| ≥175 | 9.80 | Not 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 January 1, 2015, 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
(e) Commercial clothes washers
(1) Each commercial clothes washer manufactured on or after January 1, 2007, 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 January 1, 2010, 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 January 1, 2015, 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 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.
(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
(
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
Amendments
2018—Subsec. (g).
2014—Subsec. (a)(6)(C)(v), (vi).
2012—Subsec. (a)(6)(A)(i).
Subsec. (a)(6)(B).
Subsec. (a)(6)(B)(ii).
Subsec. (a)(6)(B)(iii).
Subsec. (a)(6)(C)(i).
Subsec. (a)(6)(C)(iv).
Subsec. (a)(6)(C)(vi).
Subsec. (c)(1)(C) to (E).
Subsec. (c)(4) to (6).
Subsec. (f)(1).
Subsec. (f)(6).
2007—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(6).
Subsec. (a)(6)(B)(iii).
Subsec. (a)(7).
Subsec. (a)(7)(A) to (C).
Subsec. (a)(7)(D).
Subsec. (a)(8), (9).
Subsec. (a)(10).
Subsec. (b)(2) to (4).
Subsec. (f).
2005—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(6)(A).
Subsec. (a)(6)(C)(ii).
Subsec. (a)(7) to (9).
Subsecs. (c) to (e).
1992—
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by section 10(a)(3), (4) of
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be followed by "than".
2 See References in Text note below.
§6314. Test procedures
(a) Prescription by Secretary; requirements
(1)
(A) 1
(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or
(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.
(2) Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct.
(3) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average-use cycle (as determined by the Secretary), and from representative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respecting representative average unit costs of energy.
(4)(A) With respect to 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, and unfired hot water storage tanks to which standards are applicable under
(B) If such an industry test procedure or rating procedure for 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 is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test procedure or rating procedure unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C) If the Secretary prescribes a rule containing such a determination, the rule may establish an amended test procedure for such product that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in
(5)(A) With respect to electric motors to which standards are applicable under
(B) If the test procedure requirements of NEMA Standards Publication MG–1987 and IEEE Standard 112 Test Method B for motor efficiency are amended, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such amended test procedure requirements unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C) If the Secretary prescribes a rule containing such a determination, the rule may establish amended test procedures for such electric motors that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in
(6)(A)(i) In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be—
(I) the test procedures determined by the Secretary to be generally accepted industry testing procedures; or
(II) rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute.
(ii) In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of
(B)(i) 2 In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F (± 2 degrees F) for refrigerator compartments and 0 degrees F (± 2 degrees F) for freezer compartments.
(C) The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures for the other products for which standards will be established under section 6313(c)(4) 3 of this title.
(D) In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under
(E)(i) Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii) If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure.
(F)(i) If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule—
(I) review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and
(II) based on that review, adopt one new test procedure for use in the standards program.
(ii) If a new test procedure is adopted under clause (i)—
(I)
(II) subparagraph (B) shall apply to the adopted test procedure.
(7)(A) In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning, Heating, and Refrigeration Institute Standard 810–2003, as in effect on January 1, 2005.
(B)(i) If Air-Conditioning, Heating, and Refrigeration Institute Standard 810–2003 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended Air-Conditioning, Heating, and Refrigeration Institute Standard, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii) If the Secretary issues a rule under clause (i) containing a determination described in clause (ii), the rule may establish an amended test procedure for the product that meets the requirements of paragraphs (2) and (3).
(C) The Secretary shall comply with
(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by the Secretary for residential clothes washers under
(9)
(A)
(i) The R value shall be the 1/K factor multiplied by the thickness of the panel.
(ii) The K factor shall be based on ASTM test procedure C518–2004.
(iii) For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used.
(iv) For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used.
(B)
(i)
(ii)
(b) Publication in Federal Register; presentment of oral and written data, views, and arguments by interested persons
Before prescribing any final test procedures under this section, the Secretary shall—
(1) publish proposed test procedures in the Federal Register; and
(2) afford interested persons an opportunity (of not less than 45 days' duration) to present oral and written data, views, and arguments on the proposed test procedures.
(c) Reevaluations
(1) The Secretary shall, not later than 3 years after the date of prescribing a test procedure under this section (and from time to time thereafter), conduct a reevaluation of such procedure and, on the basis of such reevaluation, shall determine if such test procedure should be amended. In conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy efficiency of the type (or class) of covered equipment involved.
(2) If the Secretary determines under paragraph (1) that a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures incorporating such amendments and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days' duration.
(d) Prohibited representations
(1) Effective 180 days (or, in the case of 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, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, 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, 360 days) after a test procedure rule applicable to any covered equipment is prescribed under this section, no manufacturer, distributor, retailer, or private labeler may make any representation—
(A) in writing (including any representation on a label), or
(B) in any broadcast advertisement,
respecting the energy consumption of such equipment or cost of energy consumed by such equipment, unless such equipment has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing.
(2) On the petition of any manufacturer, distributor, retailer, or private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (1) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if he finds that the requirements of paragraph (1) would impose on such petitioner an undue hardship (as determined by the Secretary).
(e) Assistance by National Institute of Standards and Technology
The Secretary may direct the National Institute of Standards and Technology to provide such assistance as the Secretary deems necessary to carry out his responsibilities under this part, including the development of test procedures.
(
Editorial Notes
References in Text
Amendments
2012—Subsec. (a).
Subsec. (a)(4)(A), (7).
2007—Subsec. (a).
Subsec. (a)(9).
2005—Subsec. (a)(4)(A), (B).
Subsec. (a)(6) to (8).
Subsec. (d)(1).
1992—Subsec. (a)(1).
Subsec. (a)(4), (5).
Subsecs. (c), (d).
Subsec. (d)(1).
1988—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by section 10(a)(2) of
Effective Date of 2007 Amendment
Amendment by
1 So in original. No subpar. (B) has been enacted.
2 So in original. No cl. (ii) has been enacted.
3 See References in Text note below.
§6315. Labeling
(a) Prescription by Secretary
If the Secretary has prescribed test procedures under
(b) Disclosure of energy efficiency of articles of covered equipment
A labeling rule prescribed in accordance with this section shall require that each article of covered equipment which is in the type (or class) of industrial equipment to which such rule applies, discloses by label, the energy efficiency of such article, determined in accordance with test procedures under
(c) Inclusion of requirements
A rule prescribed in accordance with this section shall include such requirements as the Secretary determines are likely to assist purchasers in making purchasing decisions, including—
(1) requirements and directions for display of any label,
(2) requirements for including on any label, or separately attaching to, or shipping with, the covered equipment, such additional information relating to energy efficiency, energy use, and other measures of energy consumption, including instructions for the maintenance, use, or repair of the covered equipment, as the Secretary determines necessary to provide adequate information to purchasers, and
(3) requirements that printed matter which is displayed or distributed at the point of sale of such equipment shall disclose such information as may be required under this section to be disclosed on the label of such equipment.
(d) Labeling rules applicable to electric motors
Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for electric motors under
(1) indicate the energy efficiency of the motor on the permanent nameplate attached to such motor;
(2) prominently display the energy efficiency of the motor in equipment catalogs and other material used to market the equipment; and
(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for electric motors under
(e) Labeling rules for air conditioning and heating equipment
Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for 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, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, walk-in coolers and walk-in freezers, 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 under
(1) indicate the energy efficiency of the equipment on the permanent nameplate attached to such equipment or other nearby permanent marking;
(2) prominently display the energy efficiency of the equipment in new equipment catalogs used by the manufacturer to advertise the equipment; and
(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for such equipment under
(f) Consultation with Federal Trade Commission
Before prescribing any labeling rules for a type (or class) of covered equipment, the Secretary shall consult with, and obtain the written views of, the Federal Trade Commission with respect to such rules. The Federal Trade Commission shall promptly provide such written views upon the request of the Secretary.
(g) Publication in Federal Register; presentment of oral and written data, views, and arguments of interested persons
(1) Before prescribing any labeling rules under this section, the Secretary shall—
(A) publish proposed labeling rules in the Federal Register, and
(B) afford interested persons an opportunity (of not less than 45 days' duration) to pre- sent oral and written data, views, and arguments on the proposed rules.
(2) A labeling rule prescribed under this section shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Secretary determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules.
(h) Restrictions on Secretary's authority to promulgate rules
The Secretary shall not promulgate labeling rules for any class of industrial equipment unless he has determined that—
(1) labeling in accordance with this section is technologically and economically feasible with respect to such class;
(2) significant energy savings will likely result from such labeling; and
(3) labeling in accordance with this section is likely to assist consumers in making purchasing decisions.
(i) Tests for accuracy of information contained on labels
When requested by the Secretary, any manufacturer of industrial equipment to which a rule under this section applies shall supply at the manufacturer's expense a reasonable number of articles of such covered equipment to any laboratory or testing facility designated by the Secretary, or permit representatives of such laboratory or facility to test such equipment at the site where it is located, for purposes of ascertaining whether the information set out on the label, or otherwise required to be disclosed, as required under this section, is accurate. Any reasonable charge levied by the laboratory or facility for such testing shall be borne by the United States, if and to the extent provided in appropriations Acts.
(j) Products completed prior to effective date of rules
A labeling rule under this section shall not apply to any article of covered equipment the manufacture of which was completed before the effective date of such rule.
(k) Labeling authority under Federal Trade Commission Act
Until such time as labeling rules under this section take effect with respect to a type (or class) of covered equipment, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [
(
Editorial Notes
References in Text
The Federal Trade Commission Act, referred to in subsec. (k), is act Sept. 26, 1914, ch. 311,
Amendments
2007—Subsec. (e).
2005—Subsec. (e).
1992—Subsec. (a).
Subsec. (c).
Subsecs. (d) to (k).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§6316. Administration, penalties, enforcement, and preemption
(a) The provisions of
(1) references to
(2) references to "this part" shall be treated as referring to part A–1;
(3) the term "equipment" shall be substituted for the term "product";
(4) the term "Secretary" shall be substituted for "Commission" each place it appears (other than in section 6303(c) of title);
(5)
(6)
(7)
(8) notwithstanding any other provision of law, a regulation or other requirement adopted by a State or subdivision of a State contained in a State or local building code for new construction concerning the energy efficiency or energy use of an electric motor covered under this part is not superseded by the standards for such electric motor established or prescribed under
(9) in the case of commercial clothes washers,
(10)
(b)(1) The provisions of
(2)(A) A standard prescribed or established under
(B) Notwithstanding subparagraph (A), a standard prescribed or established under
(i) the standard in the building code does not require that the energy efficiency of such product exceed the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1; and
(ii) the standard in the building code does not take effect prior to the effective date of the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1.
(C) Notwithstanding subparagraph (A), a standard prescribed or established under
(D) Notwithstanding subparagraph (A), a standard prescribed or established under
(c) With respect to any electric motor to which standards are applicable under
(d)(1) Except as provided in paragraphs (2) and (3),
(2) Any State or local standard issued before August 8, 2005, shall not be preempted until the standards established under
(e)(1)(A) Subsections (a), (b), and (d) of
(B) In applying those provisions to commercial refrigerators, freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4) of subsection (a) shall apply.
(2)(A)
(B) In applying
(3)(A)
(B) In applying
(4)(A) If the Secretary does not issue a final rule for a specific type of commercial refrigerator, freezer, or refrigerator-freezer within the time frame specified in section 6313(c)(5) 2 of this title, subsections (b) and (c) of
(B) Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule takes effect.
(5)(A) In the case of any commercial refrigerator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of
(B) The Secretary shall, to the maximum extent practicable, encourage the establishment of at least 2 independent testing and certification programs.
(C) As part of certification, information on equipment energy use and interior volume shall be made available to the Secretary.
(f)(1)(A)(i) Except as provided in clause (ii),
(ii) Any State standard issued before August 8, 2005, shall not be preempted until the standards established under
(B) In applying
(2)(A)(i) Except as provided in clause (ii),
(ii) Any State standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards established under
(B) In applying
(3)(A) If the Secretary does not issue a final rule for a specific type of automatic commercial ice maker within the time frame specified in
(B) Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect.
(4)(A) The Secretary shall monitor whether manufacturers are reducing harvest rates below tested values for the purpose of bringing non-complying equipment into compliance.
(B) If the Secretary finds that there has been a substantial amount of manipulation with respect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent of tested values.
(g)(1)(A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in
(B) Any State or local standard issued before the date on which the Secretary publishes a final rule shall not be preempted until the standards established under
(2) The Secretary shall undertake an educational program to inform owners of laundromats, multifamily housing, and other sites where commercial clothes washers are located about the new standard, including impacts on washer purchase costs and options for recovering those costs through coin collection.
(h)
(1)
(A)
(i)
(ii)
(B)
(2)
(A)
(i) beginning on the day after the scheduled date for a final rule; and
(ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer.
(B)
(3)
(
Editorial Notes
References in Text
The National Appliance Energy Conservation Act of 1987, referred to in subsec. (a)(5), (9), is
The Energy Policy Act of 1992, referred to in subsec. (a)(5), (6), is
The Energy Policy Act of 2005, referred to in subsec. (a)(9), is
The National Appliance Energy Conservation Amendments of 1988, referred to in subsec. (a)(6), is
Section 6313(c)(4) and (c)(5) of this title, referred to in subsec. (e)(3)(A) and (4)(A), were redesignated section 6313(c)(5) and (c)(6) of this title, respectively, by
Amendments
2012—
Subsec. (a).
Subsec. (a)(10).
Subsec. (b)(1).
Subsec. (h)(3).
2007—Subsec. (a).
Subsec. (b)(1).
Subsec. (h).
2005—Subsec. (a)(9).
Subsec. (b)(1).
Subsecs. (d) to (g).
1998—Subsec. (c).
1992—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(5) to (8).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be "sections".
2 See References in Text note below.
§6317. Energy conservation standards for high-intensity discharge lamps, distribution transformers, and small electric motors
(a) High-intensity discharge lamps and distribution transformers
(1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those high-intensity discharge lamps and distribution transformers for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings.
(2) The Secretary shall, within 18 months after the date on which testing requirements are prescribed by the Secretary pursuant to paragraph (1), prescribe, by rule, energy conservation standards for those high-intensity discharge lamps and distribution transformers for which the Secretary prescribed testing requirements under paragraph (1).
(3) Any standard prescribed under paragraph (2) with respect to high-intensity discharge lamps shall apply to such lamps manufactured 36 months after the date such rule is published.
(b) Small electric motors
(1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those small electric motors for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings.
(2) The Secretary shall, within 18 months after the date on which testing requirements are prescribed by the Secretary pursuant to paragraph (1), prescribe, by rule, energy conservation standards for those small electric motors for which the Secretary prescribed testing requirements under paragraph (1).
(3) Any standard prescribed under paragraph (2) shall apply to small electric motors manufactured 60 months after the date such rule is published or, in the case of small electric motors which require listing or certification by a nationally recognized testing laboratory, 84 months after such date. Such standards shall not apply to any small electric motor which is a component of a covered product under
(c) Consideration of criteria under other law
In establishing any standard under this section, the Secretary shall take into consideration the criteria contained in
(d) Prescription of labeling requirements by Secretary
The Secretary shall, within six months after the date on which energy conservation standards are prescribed by the Secretary for high-intensity discharge lamps and distribution transformers pursuant to subsection (a)(2) and small electric motors pursuant to subsection (b)(2), prescribe labeling requirements for such lamps, transformers, and small electric motors.
(e) Compliance by manufacturers with labeling requirements
Beginning on the date which occurs six months after the date on which a labeling rule is prescribed for a product under subsection (d), each manufacturer of a product to which such a rule applies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule.
(f) New covered products; distribution of non-conforming products prohibited; construction with other law
(1) After the date on which a manufacturer must provide a label for a product pursuant to subsection (e)—
(A) each such product shall be considered, for purposes of paragraphs (1) and (2) of
(B) it shall be unlawful for any manufacturer or private labeler to distribute in commerce any new product for which an energy conservation standard is prescribed under subsection (a)(2) or (b)(2) which is not in conformity with the applicable energy conservation standard.
(2) For purposes of
(
Editorial Notes
Amendments
1992—
Statutory Notes and Related Subsidiaries
Energy Efficient Transformer Rebate Program
"(a)
"(1)
"(2)
"(A) does not meet or exceed the applicable energy conservation standards described in paragraph (1); and
"(B)(i) was manufactured between January 1, 1987, and December 31, 2008, for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection (b)(2) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act); or
"(ii) was manufactured between January 1, 1992, and December 31, 2011, for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph (1) or (2) of subsection (c) of that section (as in effect on the date of enactment of this Act).
"(3)
"(b)
"(c)
"(1) that the entity purchased a qualified energy efficient transformer;
"(2) of the core loss value of the qualified energy efficient transformer;
"(3) of the age of the qualified energy inefficient transformer being replaced;
"(4) of the core loss value of the qualified energy inefficient transformer being replaced—
"(A) as measured by a qualified professional or verified by the equipment manufacturer, as applicable; or
"(B) for transformers described in subsection (a)(2)(B)(i), as selected from a table of default values as determined by the Secretary in consultation with applicable industry; and
"(5) that the qualified energy inefficient transformer has been permanently decommissioned and scrapped.
"(d)
"(1) for a 3-phase or single-phase transformer with a capacity of not less than 10 and not greater than 2,500 kilovolt-amperes, twice the amount equal to the difference in Watts between the core loss value (as measured in accordance with paragraphs (2) and (4) of subsection (c)) of—
"(A) the qualified energy inefficient transformer; and
"(B) the qualified energy efficient transformer; or
"(2) for a transformer described in subsection (a)(2)(B)(i), the amount determined using a table of default rebate values by rated transformer output, as measured in kilovolt-amperes, as determined by the Secretary in consultation with applicable industry.
"(e)
"(f)