§ 6295. Energy conservation standards

(IV) on establishment within the External Power Supply International Efficiency Marking Protocol, as referenced in the “Energy Star Program Requirements for Single Voltage External Ac–Dc and Ac–Ac Power Supplies”, published by the Environmental Protection Agency, of a distinguishing mark for products described in this clause, is permanently marked with the distinguishing mark.

(iii) Administration.— In carrying out this subparagraph, the Secretary shall—

(I) require, with appropriate safeguard for the protection of confidential business information, the submission of unit shipment data on an annual basis; and

(II) restrict the eligibility of external power supplies for the exemption provided under this subparagraph on a finding that a substantial number of the external power supplies are being marketed to or installed in applications other than security or life safety alarm or surveillance systems.

(iv) Treatment in rule.— In the rule under subparagraph (D)(ii) and subsequent amendments the Secretary may treat some or all external power supplies designed to be connected to a security or life safety alarm or surveillance system as a separate product class or may extend the nonapplication under clause (ii).

(4) End-use products.— An energy conservation standard for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which the external power supply is connected.

(5) Exempt supplies.—

(A) February 10, 2014, rule.—

(i) In general.— An external power supply shall not be subject to the final rule entitled “Energy Conservation Program: Energy Conservation Standards for External Power Supplies”, published at 79 Fed. Reg. 7845 (February 10, 2014), if the external power supply—

(I) is manufactured during the period beginning on February 10, 2016, and ending on February 10, 2020;

(II) is marked in accordance with the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016;

(III) meets, where applicable, the standards under paragraph (3)(A), and has been certified to the Secretary as meeting International Efficiency Level IV or higher of the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; and

(IV) is made available by the manufacturer as a service part or a spare part for an end-use product that—

(aa) constitutes the primary load; and

(bb) was manufactured before February 10, 2016.

(ii) Reporting.— The Secretary may require manufacturers of products exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that fall below International Efficiency Level VI.

(iii) Limitation of exemption.— The Secretary may issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of the exemption established under clause (i) if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would otherwise result from the final rule described in such clause.

(B) Amended standards.—

(i) In general.— The Secretary may exempt an external power supply from any amended standard under this subsection if the external power supply—

(I) is manufactured within four years of the compliance date of the amended standard;

(II) complies with applicable marking requirements adopted by the Secretary prior to the amendment;

(III) meets the standards that were in effect prior to the amendment; and

(IV) is made available by the manufacturer as a service part or a spare part for an end-use product that—

(aa) constitutes the primary load; and

(bb) was manufactured before the compliance date of the amended standard.

(ii) Reporting.— The Secretary may require manufacturers of a product exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that do not meet the amended standard.

(v) Refrigerated beverage vending machines

(1) Not later than 4 years after August 8, 2005, the Secretary shall prescribe, by rule, energy conservation standards for refrigerated bottle or canned beverage vending machines.

(2) In establishing energy conservation standards under this subsection, the Secretary shall use the criteria and procedures prescribed under subsections (o) and (p).

(3) Any energy conservation standard prescribed under this subsection shall apply to products manufactured 3 years after the date of publication of a final rule establishing the energy conservation standard.

(w) Illuminated exit signs An illuminated exit sign manufactured on or after January 1, 2006, shall meet the version 2.0 Energy Star Program performance requirements for illuminated exit signs prescribed by the Environmental Protection Agency.

(x) Torchieres A torchiere manufactured on or after January 1, 2006—

(1) shall consume not more than 190 watts of power; and

(2) shall not be capable of operating with lamps that total more than 190 watts.

(y) Low voltage dry-type distribution transformers The efficiency of a low voltage dry-type distribution transformer manufactured on or after January 1, 2007, shall be the Class I Efficiency Levels for distribution transformers specified in table 4–2 of the “Guide for Determining Energy Efficiency for Distribution Transformers” published by the National Electrical Manufacturers Association (NEMA TP–1–2002).

(z) Traffic signal modules and pedestrian modules Any traffic signal module or pedestrian module manufactured on or after January 1, 2006, shall—

(1) meet the performance requirements used under the Energy Star program of the Environmental Protection Agency for traffic signals, as in effect on August 8, 2005; and

(2) be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems.

(aa) Unit heaters A unit heater manufactured on or after the date that is 3 years after August 8, 2005, shall—

(1) be equipped with an intermittent ignition device; and

(2) have power venting or an automatic flue damper.

(bb) Medium base compact fluorescent lamps

(1) A bare lamp and covered lamp (no reflector) medium base compact fluorescent lamp manufactured on or after January 1, 2006, shall meet the following requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for Compact Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-Efficiency Specification issued by the Environmental Protection Agency and Department of Energy:

(A) Minimum initial efficacy.

(B) Lumen maintenance at 1000 hours.

(C) Lumen maintenance at 40 percent of rated life.

(D) Rapid cycle stress test.

(E) Lamp life.

(2) The Secretary may, by rule, establish requirements for color quality (CRI), power factor, operating frequency, and maximum allowable start time based on the requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for Compact Fluorescent Lamps.

(3) The Secretary may, by rule—

(A) revise the requirements established under paragraph (2); or

(B) establish other requirements, after considering energy savings, cost effectiveness, and consumer satisfaction.

(cc) Dehumidifiers

(1) Dehumidifiers manufactured on or after October 1, 2007, shall have an Energy Factor that meets or exceeds the following values: Product Capacity (pints/day):Minimum Energy Factor (Liters/kWh) 25.00 or less1.00 25.01 – 35.001.20 35.01 – 54.001.30 54.01 – 74.991.50 75.00 or more2.25.

(2) Dehumidifiers manufactured on or after october 1, 2012.— Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy Factor that meets or exceeds the following values: Product Capacity (pints/day):Minimum Energy Factor (liters/kWh) Up to 35.001.35 35.01–45.001.50 45.01–54.001.60 54.01–75.001.70 Greater than 75.002.5.

(dd) Commercial prerinse spray valves Commercial prerinse spray valves manufactured on or after January 1, 2006, shall have a flow rate of not more than 1.6 gallons per minute.

(ee) Mercury vapor lamp ballasts Mercury vapor lamp ballasts (other than specialty application mercury vapor lamp ballasts) shall not be manufactured or imported after January 1, 2008.

(ff) Ceiling fans and ceiling fan light kits

(1)

(A) All ceiling fans manufactured on or after January 1, 2007, shall have the following features:

(i) Fan speed controls separate from any lighting controls.

(ii) Adjustable speed controls (either more than 1 speed or variable speed).

(iii) The capability of reversible fan action, except for—

(I) fans sold for industrial applications;

(II) fans sold for outdoor applications; and

(III) cases in which safety standards would be violated by the use of the reversible mode.

(B) The Secretary may define the exceptions described in clause (iv) in greater detail, but shall not substantively expand the exceptions.

(2)

(A) Ceiling fan light kits with medium screw base sockets manufactured on or after January 1, 2007, shall be packaged with screw-based lamps to fill all screw base sockets.

(B) The screw-based lamps required under subparagraph (A) shall—

(i) meet the Energy Star Program Requirements for Compact Fluorescent Lamps, version 3.0, issued by the Department of Energy; or

(ii) use light sources other than compact fluorescent lamps that have lumens per watt performance at least equivalent to comparably configured compact fluorescent lamps meeting the Energy Star Program Requirements described in clause (i).

(3) Ceiling fan light kits with pin-based sockets for fluorescent lamps manufactured on or after January 1, 2007 shall—

(A) meet the Energy Star Program Requirements for Residential Light Fixtures version 4.0 issued by the Environmental Protection Agency; and

(B) be packaged with lamps to fill all sockets.

(4)

(A) By January 1, 2007, the Secretary shall consider and issue requirements for any ceiling fan lighting kits other than those covered in paragraphs (2) and (3), including candelabra screw base sockets.

(B) The requirements issued under subparagraph (A) shall be effective for products manufactured 2 years after the date of the final rule.

(C) If the Secretary fails to issue a final rule by the date specified in subparagraph (A), any type of ceiling fan lighting kit described in subparagraph (A) that is manufactured after January 1, 2009—

(i) shall not be capable of operating with lamps that total more than 190 watts; and

(ii) shall be packaged with lamps to fill all sockets.

(5)

(A) After January 1, 2010, the Secretary may consider, and issue, if the requirements of subsections (o) and (p) are met, amended energy efficiency standards for ceiling fan light kits.

(B) Any amended standards issued under subparagraph (A) shall apply to products manufactured not earlier than 2 years after the date of publication of the final rule establishing the amended standard.

(6)

(A) Notwithstanding any other provision of this chapter, the Secretary may consider, and issue, if the requirements of subsections (o) and (p) are met, energy efficiency or energy use standards for electricity used by ceiling fans to circulate air in a room.

(B) In issuing the standards under subparagraph (A), the Secretary shall consider—

(i) exempting, or setting different standards for, certain product classes for which the primary standards are not technically feasible or economically justified; and

(ii) establishing separate exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.

(C)

(i) Large-diameter ceiling fans manufactured on or after January 21, 2020, shall—

(I) not be required to meet minimum ceiling fan efficiency in terms of ratio of the total airflow to the total power consumption as described in the final rule titled “Energy Conservation Program: Energy Conservation Standards for Ceiling Fans” (82 Fed. Reg. 6826 (January 19, 2017)); and

(II) have a CFEI greater than or equal to—

(aa) 1.00 at high speed; and

(bb) 1.31 at 40 percent speed or the nearest speed that is not less than 40 percent speed.

(ii) For purposes of this subparagraph, the term “CFEI” means the Fan Energy Index for large-diameter ceiling fans, calculated in accordance with ANSI/AMCA Standard 208–18 titled “Calculation of the Fan Energy Index”, with the following modifications:

(I) Using an Airflow Constant (Q0) of 26,500 cubic feet per minute.

(II) Using a Pressure Constant (P0) of 0.0027 inches water gauge.

(III) Using a Fan Efficiency Constant (η0) of 42 percent.

(7) Section 6297 of this title shall apply to the products covered in paragraphs (1) through (4) beginning on August 8, 2005, except that any State or local labeling requirement for ceiling fans prescribed or enacted before August 8, 2005, shall not be preempted until the labeling requirements applicable to ceiling fans established under section 6294 of this title take effect.

(gg) Standby mode energy use

(1) Definitions

(A) In general Unless the Secretary determines otherwise pursuant to subparagraph (B), in this subsection:

(i) Active mode The term “active mode” means the condition in which an energy-using product—

(I) is connected to a main power source;

(II) has been activated; and

(III) provides 1 or more main functions.

(ii) Off mode The term “off mode” means the condition in which an energy-using product—

(I) is connected to a main power source; and

(II) is not providing any standby or active mode function.

(iii) Standby mode The term “standby mode” means the condition in which an energy-using product—

(I) is connected to a main power source; and

(II) offers 1 or more of the following user-oriented or protective functions:

(aa) To facilitate the activation or deactivation of other functions (including active mode) by remote switch (including remote control), internal sensor, or timer.

(bb) Continuous functions, including information or status displays (including clocks) or sensor-based functions.

(B) Amended definitions The Secretary may, by rule, amend the definitions under subparagraph (A), taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission.

(2) Test procedures

(A) In general Test procedures for all covered products shall be amended pursuant to section 6293 of this title to include standby mode and off mode energy consumption, taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission, with such energy consumption integrated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product, unless the Secretary determines that—

(i) the current test procedures for a covered product already fully account for and incorporate the standby mode and off mode energy consumption of the covered product; or

(ii) such an integrated test procedure is technically infeasible for a particular covered product, in which case the Secretary shall prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible.

(B) Deadlines The test procedure amendments required by subparagraph (A) shall be prescribed in a final rule no later than the following dates:

(i) December 31, 2008, for battery chargers and external power supplies.

(ii) March 31, 2009, for clothes dryers, room air conditioners, and fluorescent lamp ballasts.

(iii) June 30, 2009, for residential clothes washers.

(iv) September 30, 2009, for residential furnaces and boilers.

(v) March 31, 2010, for residential water heaters, direct heating equipment, and pool heaters.

(vi) March 31, 2011, for residential dishwashers, ranges and ovens, microwave ovens, and dehumidifiers.

(C) Prior product standards The test procedure amendments adopted pursuant to subparagraph (B) shall not be used to determine compliance with product standards established prior to the adoption of the amended test procedures.

(3) Incorporation into standard

(A) In general Subject to subparagraph (B), based on the test procedures required under paragraph (2), any final rule establishing or revising a standard for a covered product, adopted after July 1, 2010, shall incorporate standby mode and off mode energy use into a single amended or new standard, pursuant to subsection (o), if feasible.

(B) Separate standards If not feasible, the Secretary shall prescribe within the final rule a separate standard for standby mode and off mode energy consumption, if justified under subsection (o).

(hh) Metal halide lamp fixtures

(1) Standards

(A) In general Subject to subparagraphs (B) and (C), metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall contain—

(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent;

(ii) a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or

(iii) a nonpulse-start electronic ballast with—

(I) a minimum ballast efficiency of 92 percent for wattages greater than 250 watts; and

(II) a minimum ballast efficiency of 90 percent for wattages less than or equal to 250 watts.

(B) Exclusions The standards established under subparagraph (A) shall not apply to—

(i) fixtures with regulated lag ballasts;

(ii) fixtures that use electronic ballasts that operate at 480 volts; or

(iii) fixtures that—

(I) are rated only for 150 watt lamps;

(II) are rated for use in wet locations, as specified by the National Electrical Code 2002, section 410.4(A); and

(III) contain a ballast that is rated to operate at ambient air temperatures above 50°C, as specified by UL 1029–2001.

(C) Application The standards established under subparagraph (A) shall apply to metal halide lamp fixtures manufactured on or after the later of—

(i) January 1, 2009; or

(ii) the date that is 270 days after December 19, 2007.

(2) Final rule by January 1, 2012

(A) In general Not later than January 1, 2012, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.

(B) Administration The final rule shall—

(i) contain any amended standard; and

(ii) apply to products manufactured on or after January 1, 2015.

(3) Final rule by January 1, 2019

(A) In general Not later than January 1, 2019, the Secretary shall publish a final rule to determine whether the standards then in effect should be amended.

(B) Administration The final rule shall—

(i) contain any amended standards; and

(ii) apply to products manufactured after January 1, 2022.

(4) Design and performance requirements Notwithstanding any other provision of law, any standard established pursuant to this subsection may contain both design and performance requirements.

(ii) Application date Section 6297 of this title applies—

(1) to products for which energy conservation standards are to be established under subsection (l), (u), or (v) beginning on the date on which a final rule is issued by the Secretary, except that any State or local standard prescribed or enacted for the product before the date on which the final rule is issued shall not be preempted until the energy conservation standard established under subsection (l), (u), or (v) for the product takes effect; and

(2) to products for which energy conservation standards are established under subsections (w) through (hh) on August 8, 2005, except that any State or local standard prescribed or enacted before August 8, 2005, shall not be preempted until the energy conservation standards established under subsections (w) through (hh) take effect.

(Pub. L. 94–163, title III, § 325, Dec. 22, 1975, 89 Stat. 923; Pub. L. 94–385, title I, § 161, Aug. 14, 1976, 90 Stat. 1140; Pub. L. 95–619, title IV, § 422, Nov. 9, 1978, 92 Stat. 3259; Pub. L. 100–12, § 5, Mar. 17, 1987, 101 Stat. 107; Pub. L. 100–357, § 2(e), June 28, 1988, 102 Stat. 673; Pub. L. 102–486, title I, § 123(f), Oct. 24, 1992, 106 Stat. 2824; Pub. L. 105–388, § 5(a)(5), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 135(c), Aug. 8, 2005, 119 Stat. 628; Pub. L. 110–140, title III, §§ 301(c), 303–305(a), 306(a), 307, 308(a), 309–311(a), 316(c)(2), (d), 321(a)(3), 322(b), 324(e), Dec. 19, 2007, 121 Stat. 1550, 1552, 1553, 1556, 1559–1561, 1563, 1573, 1577, 1588, 1593; Pub. L. 111–360, § 1, Jan. 4, 2011, 124 Stat. 4051; Pub. L. 112–210, §§ 3, 5(a), (c), 10(a)(1), (8), (11), (b)(1), Dec. 18, 2012, 126 Stat. 1514, 1517, 1519, 1522, 1524, 1525; Pub. L. 113–263, § 2, Dec. 18, 2014, 128 Stat. 2937; Pub. L. 114–11, title II, § 201(1), Apr. 30, 2015, 129 Stat. 186; Pub. L. 115–78, § 2, Nov. 2, 2017, 131 Stat. 1256; Pub. L. 115–115, § 2(c)(3), Jan. 12, 2018, 131 Stat. 2281; Pub. L. 116–260, div. Z, title I, § 1008(a), Dec. 27, 2020, 134 Stat. 2437.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (f)(4)(D), (j)(3)(A)(iii), (k)(3)(A)(iii), and (ff)(6)(A), was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Subpar. (C) of section 6294(a)(2) of this title, referred to in subsec. (i)(5), was redesignated (D) and a new subpar. (C) was added by Pub. L. 110–140, title III, § 324(d), Dec. 19, 2007, 121 Stat. 1593.

Subsection (i), referred to in subsec. (l)(4)(F)(ii)(I), was amended by Pub. L. 110–140, title III, § 322(b), Dec. 19, 2007, 121 Stat. 1588, by striking out par. (1) and adding a new par. (1), and as so amended, subsec. (i)(1)(A) does not relate to maximum wattage requirements. However, provisions similar to those contained in former subsec. (i)(1)(A) are now contained in subsec. (i)(1)(B). See 2007 Amendment notes below.

Amendments

2020—Subsec. (ff)(6)(C). Pub. L. 116–260 added subpar. (C).

2018—Subsec. (l)(1), (2). Pub. L. 115–115 substituted “paragraph (20)” for “paragraph (19)”.

2017—Subsec. (u)(3)(D)(ii). Pub. L. 115–78, § 2(a), substituted “2021” for “2015” in heading and subcl. (I) and “2023” for “2017” in subcl. (II)(bb).

Subsec. (u)(3)(E)(ii). Pub. L. 115–78, § 2(b)(1), substituted “the effective date of the amendment under subparagraph (D)(ii)” for “July 1, 2017,” in introductory provisions.

Subsec. (u)(3)(E)(iv). Pub. L. 115–78, § 2(b)(2), added cl. (iv).

2015—Subsec. (e)(6). Pub. L. 114–11 added par. (6).

2014—Subsec. (u)(5). Pub. L. 113–263 added par. (5).

2012—Subsec. (d)(4). Pub. L. 112–210, § 5(a), added par. (4).

Subsec. (e)(5). Pub. L. 112–210, § 3, added par. (5).

Subsec. (g)(8)(C)(ii). Pub. L. 112–210, § 10(b)(1), substituted “negative 20°F” for “20°F”.

Subsec. (i)(1). Pub. L. 112–210, § 10(a)(11), made technical amendment to directory language of Pub. L. 110–140, § 322(b). See 2007 Amendment note below.

Subsec. (l)(4)(A). Pub. L. 112–210, § 10(a)(8), struck out “only” before “in accordance with this paragraph”.

Subsec. (n)(3) to (5). Pub. L. 112–210, § 5(c), added pars. (3) and (4) and redesignated former par. (3) as (5).

Subsec. (u)(4). Pub. L. 112–210, § 10(a)(1), redesignated par. (7) as (4) and substituted “supply is connected” for “supplies is connected”.

Subsec. (u)(7). Pub. L. 112–210, § 10(a)(1)(A), redesignated par. (7) as (4).

2011—Subsec. (u)(3)(A). Pub. L. 111–360, § 1(1), substituted “(E)” for “(D)”.

Subsec. (u)(3)(E). Pub. L. 111–360, § 1(2), added subpar. (E).

2007—Subsec. (b)(4). Pub. L. 110–140, § 311(a)(3), added par. (4).

Subsec. (f). Pub. L. 110–140, § 303(1), inserted “and boilers” after “furnaces” in heading.

Subsec. (f)(3), (4). Pub. L. 110–140, § 303(2), (3), added par. (3) and redesignated former par. (3) as (4).

Subsec. (f)(4)(D). Pub. L. 110–140, § 304, substituted “not later than December 31, 2013, the Secretary shall” for “the Secretary may”.

Subsec. (g)(9), (10). Pub. L. 110–140, § 311(a)(2), added pars. (9) and (10).

Subsec. (i). Pub. L. 110–140, § 321(a)(3)(A)(i), which directed amendment of subsec. (i) by inserting “, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,” after “fluorescent lamps” in “section heading”, was executed by making the insertion in subsec. (i) heading to reflect the probable intent of Congress.

Subsec. (i)(1). Pub. L. 110–140, § 322(b), as amended by Pub. L. 112–210, § 10(a)(11), added par. (1) and struck out former par. (1) which related to, in subpar. (A), lamp efficacy, new maximum wattage, and CRI standards for general service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps, in subpar. (B), color rendering index requirements of certain general service or general illumination application lamps, in subpar. (C), maximum wattage of candelabra incandescent lamps and intermediate base incandescent lamps, in subpar. (D), petition for exemption from requirements, in subpar. (E), petition to establish standards, and, in subpar. (F), definition of effective date.

Pub. L. 110–140, § 321(a)(3)(A)(ii), in subpar. (A), in introductory provisions, inserted “, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps,” after “fluorescent lamps” and “, new maximum wattage,” after “lamp efficacy”, inserted tables relating to general service incandescent lamps and modified spectrum general service incandescent lamps, added subpars. (B) to (F), and struck out former subpar. (B) which read as follows: “For the purposes of the tables set forth in subparagraph (A), the term ‘effective date’ means the last day of the month set forth in the table which follows October 24, 1992.”

Subsec. (i)(5). Pub. L. 110–140, § 321(a)(3)(A)(iii), struck out “and general service incandescent lamps” after “general service fluorescent”.

Subsec. (i)(6) to (8). Pub. L. 110–140, § 321(a)(3)(A)(iv), (v), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.

Subsec. (l)(4). Pub. L. 110–140, § 321(a)(3)(B), added par. (4).

Subsec. (m). Pub. L. 110–140, § 305(a), added subsec. (m) and struck out former subsec. (m) which related to further rulemaking.

Subsec. (o)(6). Pub. L. 110–140, § 306(a), added par. (6).

Subsec. (p)(1) to (3). Pub. L. 110–140, § 307, redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “The Secretary—

“(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule may apply;

“(B) shall invite interested persons to submit, within 60 days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and

“(C) may identify proposed or amended standards that may be prescribed.”

Subsec. (p)(4). Pub. L. 110–140, § 308(a), added par. (4).

Pub. L. 110–140, § 307(2), redesignated par. (4) as (3).

Subsec. (u)(1)(E). Pub. L. 110–140, § 309(1), inserted heading.

Subsec. (u)(1)(E)(i). Pub. L. 110–140, § 309, inserted cl. heading, designated existing provisions as subcl. (I), inserted subcl. heading, substituted “2 years” for “3 years”, struck out “battery chargers and” before “external power supplies” in two places, and added subcl. (II).

Subsec. (u)(2) to (5). Pub. L. 110–140, § 310(1), redesignated pars. (5) and (6) as (2) and (3), respectively, and struck out former pars. (2) to (4) which related to revision of test procedures and energy conservation standards with respect to covered products that were major sources of standby mode energy consumption, prohibition against proposal of a standard unless applicable test procedures had been issued, and applicability of standard to products manufactured or imported beginning 3 years after the date of issuance, respectively.

Subsec. (u)(6). Pub. L. 110–140, § 310(1)(B), redesignated par. (6) as (3).

Pub. L. 110–140, § 301(c), added par. (6).

Subsec. (u)(7). Pub. L. 110–140, § 301(c), added par. (7).

Subsec. (v). Pub. L. 110–140, § 316(d)(1)(A), struck out “Ceiling fans and” before “refrigerated beverage” in heading.

Subsec. (v)(1) to (4). Pub. L. 110–140, § 316(d)(1)(B), (C), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “Not later than 1 year after August 8, 2005, the Secretary shall prescribe, by rule, test procedures and energy conservation standards for ceiling fans and ceiling fan light kits. If the Secretary sets such standards, the Secretary shall consider exempting or setting different standards for certain product classes for which the primary standards are not technically feasible or economically justified, and establishing separate or exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.”

Subsec. (cc)(2). Pub. L. 110–140, § 311(a)(1), added par. (2) and struck out former par. (2) which directed the Secretary to publish a final rule not later than Oct. 1, 2009, which would determine whether standards established under par. (1) were to be amended, and directed that such rule was to contain any amendment by the Secretary and be applicable to products manufactured on or after Oct. 1, 2012, and further directed that, if the Secretary did not publish such an amendment, dehumidifiers manufactured on or after Oct. 1, 2012, would have an Energy Factor that would meet or exceed values provided in a table of product capacities and minimum Energy Factors.

Subsec. (ee). Pub. L. 110–140, § 316(c)(2), inserted “(other than specialty application mercury vapor lamp ballasts)” before “shall”.

Subsec. (ff)(1)(A)(iii), (iv). Pub. L. 110–140, § 316(d)(2)(A), redesignated cl. (iv) as (iii), inserted “fans sold for” before “outdoor” in subcl. (II), and struck out former cl. (iii) which read as follows: “Adjustable speed controls (either more than 1 speed or variable speed).”

Subsec. (ff)(4)(C). Pub. L. 110–140, § 316(d)(2)(B)(i), substituted “date specified in subparagraph (A)” for “date specified in subparagraph (B)” in introductory provisions.

Subsec. (ff)(4)(C)(ii). Pub. L. 110–140, § 316(d)(2)(B)(ii), added cl. (ii) and struck out former cl. (ii) which read as follows: “shall include the lamps described in clause (i) in the ceiling fan lighting kits.”

Subsec. (ff)(6)(B) to (D). Pub. L. 110–140, § 316(d)(2)(C), redesignated subpars. (C) and (D) as cls. (i) and (ii), respectively, of subpar. (B).

Subsec. (ff)(7). Pub. L. 110–140, § 316(d)(2)(D), substituted “established under section 6294” for “established under section 6297”.

Subsec. (gg). Pub. L. 110–140, § 310(3), added subsec. (gg). Former subsec. (gg) redesignated (hh).

Subsec. (hh). Pub. L. 110–140, § 324(e)(2), added subsec. (hh). Former subsec. (hh) redesignated (ii).

Pub. L. 110–140, § 310(2), (4), redesignated subsec. (gg) as (hh) and substituted “(gg)” for “(ff)” in two places in par. (2).

Subsec. (ii). Pub. L. 110–140, § 324(e)(1), (3), redesignated subsec. (hh) as (ii) and substituted “(hh)” for “(gg)” in two places in par. (2).

2005—Subsec. (f)(3)(D). Pub. L. 109–58, § 135(c)(1), added subpar. (D).

Subsec. (g)(6)(B). Pub. L. 109–58, § 135(c)(2)(A), inserted “and labeled” after “designed”.

Subsec. (g)(8). Pub. L. 109–58, § 135(c)(2)(B), added par. (8).

Subsec. (o)(5). Pub. L. 109–58, § 135(c)(3), added par. (5).

Subsecs. (u) to (gg). Pub. L. 109–58, § 135(c)(4), added subsecs. (u) to (gg).

1998—Subsec. (e)(4)(A). Pub. L. 105–388, § 5(a)(5)(A), substituted “paragraph” for “paragraphs”.

Subsec. (g). Pub. L. 105–388, § 5(a)(5)(B), substituted “ballasts” for “ballasts;” in heading.

1992—Subsecs. (i) to (k). Pub. L. 102–486, § 123(f)(2), added subsecs. (i) to (k). Former subsecs. (i) to (k) redesignated (l) to (n), respectively.

Subsec. (l). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (i) as (l). Former subsec. (l) redesignated (o).

Subsec. (l)(1). Pub. L. 102–486, § 123(f)(3), substituted “paragraph (19)” for “paragraph (14)” and “subsections (o) and (p)” for “subsections (l) and (m)”.

Subsec. (l)(2). Pub. L. 102–486, § 123(f)(3)(A), substituted “(19)” for “(14)”.

Subsec. (l)(3). Pub. L. 102–486, § 123(f)(3)(B), substituted “(o) and (p)” for “(l) and (m)”.

Subsec. (m). Pub. L. 102–486, § 123(f)(1), (4), redesignated subsec. (j) as (m) and substituted “(i)” for “(h)” in introductory provisions. Former subsec. (m) redesignated (p).

Subsec. (n). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (k) as (n). Former subsec. (n) redesignated (q).

Subsec. (n)(1). Pub. L. 102–486, § 123(f)(5)(A), substituted “, and in paragraphs (13) and (14)” for “and in paragraph (13)” and “subsections (b) through (i)” for “subsections (b) through (h)”.

Subsec. (n)(2)(C). Pub. L. 102–486, § 123(f)(5)(B), substituted “subsection (o)(2)(B)(i)(II)” for “subsection (l)(2)(B)(i)(II)”.

Subsec. (n)(3)(B). Pub. L. 102–486, § 123(f)(5)(C), inserted “general service fluorescent lamps, incandescent reflector lamps,” after “fluorescent lamp ballasts,”.

Subsec. (o). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (l) as (o). Former subsec. (o) redesignated (r).

Subsec. (o)(1). Pub. L. 102–486, § 123(f)(6)(A), inserted “or, in the case of showerheads, faucets, water closets, or urinals, water use,” after “energy use,”.

Subsec. (o)(2)(A). Pub. L. 102–486, § 123(f)(6)(B), inserted “, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,” after “energy efficiency”.

Subsec. (o)(2)(B)(i)(III). Pub. L. 102–486, § 123(f)(6)(C), inserted “, or as applicable, water,” after “energy”.

Subsec. (o)(2)(B)(i)(VI). Pub. L. 102–486, § 123(f)(6)(D), inserted “and water” after “energy”.

Subsec. (o)(2)(B)(iii). Pub. L. 102–486, § 123(f)(6)(E), substituted “energy, and as applicable, water, savings” for “energy savings”.

Subsec. (o)(3)(B). Pub. L. 102–486, § 123(f)(6)(F), inserted “, in the case of showerheads, faucets, water closets, or urinals, water, or” after “energy or”.

Subsec. (p). Pub. L. 102–486, § 123(f)(1), redesignated subsec. (m) as (p). Former subsec. (p) redesignated (s).

Subsec. (p)(3)(A). Pub. L. 102–486, § 123(f)(7), substituted “subsection (o)(2)” for “subsection (l)(2)” and “subsection (o)(4)” for “subsection (l)(4)”.

Subsecs. (q) to (t). Pub. L. 102–486, § 123(f)(1), redesignated subsecs. (n) to (q) as (q) to (t), respectively.

1988—Subsec. (e)(1)(C). Pub. L. 100–357, § 2(e)(3), inserted “Volume” after “Rated Storage”.

Subsec. (g). Pub. L. 100–357, § 2(e)(1)(A), inserted “; fluorescent lamp ballasts;” in heading.

Subsec. (g)(5) to (7). Pub. L. 100–357, § 2(e)(1)(B), added pars. (5) to (7).

Subsec. (i)(1), (2). Pub. L. 100–357, § 2(e)(2), substituted “(14)” for “(13)”.

Subsec. (j)(B). Pub. L. 100–357, § 2(e)(4)(A), inserted “fluorescent lamp ballasts,” after “clothes dryers,” and substituted “heating” for “hearing”.

Subsec. (k)(1). Pub. L. 100–357, § 2(e)(4)(B)(i), inserted “and in paragraph (13)” after “(11)”.

Subsec. (k)(3)(B). Pub. L. 100–357, § 2(e)(4)(B)(ii), inserted “fluorescent lamp ballasts,” after “clothes dryers,”.

1987—Pub. L. 100–12 amended section generally, revising and restating as subsecs. (a) to (q) provisions formerly contained in subsecs. (a) to (j).

1978—Subsec. (a). Pub. L. 95–619 substituted provisions authorizing Secretary to prescribe an energy efficiency standard for each type of covered product specified in section 6292(a)(1) to (13) of this title, authorizing such prescription for any type of covered product specified in section 6292(a)(14) of this title where certain conditions are found to exist, and requiring publication of a list of those types of covered products considered subject to prescribed standards in the Federal Register not later than two years after Nov. 9, 1978, for provisions requiring the Administrator, meaning the Administrator of the Federal Energy Administration, to direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product listed in section 6292(a)(1) to (10) of this title, requiring prescription of such a target by the Administrator not later than ninety days after Aug. 14, 1976, requiring such targets be designed to exceed by 1980 by at least twenty percent the aggregate energy efficiency of the covered products as manufactured in 1972, requiring similar energy efficiency targets be prescribed for covered products specified in section 6292(a)(11) to (13) of this title not later than one year after Aug. 14, 1976, authorizing the Administrator to modify periodically any established targets, requiring the manufacturers of any covered products to submit reports as requested by the Administrator to help in establishing and reaching such targets, authorizing the Administrator to commence proceedings in certain situations to prescribe initial or revised targets, specifying when improvements of energy efficiency are economically justified, and authorizing the Attorney General to determine any negative effects on competition so as to make certain improvements economically unjustified.

Subsec. (b). Pub. L. 95–619 substituted provisions specifying preconditions for prescription of a standard for a type or class of covered products for provisions specifying the procedure to be followed in prescribing energy efficiency standards.

Subsec. (c). Pub. L. 95–619 substituted provisions requiring energy efficiency standards for each type of covered products be designed to achieve the maximum improvement in energy efficiency which the Secretary determines feasible and justified and requiring such standards be phased in over a period not to exceed five years for provisions relating to the prescription of test procedures and the requirements necessary to meet minimum energy efficiency levels.

Subsec. (d). Pub. L. 95–619 substituted provisions relating to a determination by the Secretary of the economic justification of any particular energy efficiency standard and a determination by the Attorney General of the impact on competition of any proposed standard for provisions relating to labeling rules.

Subsecs. (e) to (j). Pub. L. 95–619 added subsecs. (e) to (j).

1976—Subsec. (a)(1)(A). Pub. L. 94–385, § 161(a), transferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted 90 days after August 14, 1976, for 180 days after December 22, 1975, for the promulgation of rules by the Administrator.

Subsec. (a)(2). Pub. L. 94–385, § 161(b), transferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted one year after August 14, 1976, for one year after December 22, 1975, for the promulgation of rules by the Administrator.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by section 10(a)(1), (8), (11) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

Pub. L. 112–210, § 10(b)(2), Dec. 18, 2012, 126 Stat. 1525, provided that: “This subsection [amending this section] and the amendment made by this subsection take effect as if included in the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594).”

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Revision

Pub. L. 116–260, div. Z, title I, § 1008(b), Dec. 27, 2020, 134 Stat. 2437, provided that: “For purposes of section 325(m) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)), the standard established in section 325(ff)(6)(C) of such Act [42 U.S.C. 6295(ff)(6)(C)] (as added by subsection (a) of this section) shall be treated as if such standard was issued on January 19, 2017.”

Lighting Technology Research and Development Program

Pub. L. 110–140, title III, § 321(g), Dec. 19, 2007, 121 Stat. 1586, provided that: “(1) In general.—The Secretary [of Energy] may carry out a lighting technology research and development program—“(A) to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available in the United States; and “(B) to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the wattage requirements imposed as a result of the amendments made by subsection (a) [amending this section and sections 6291 and 6292 of this title]. “(2) Authorization of appropriations.—There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2013. “(3) Termination of authority.—The program under this subsection shall terminate on September 30, 2015.”