Energy Conservation Program: Test Procedure for Dishwashers, 3234-3282 [2022-27879]
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE–2016–BT–TP–0012]
RIN 1904–AD96
Energy Conservation Program: Test
Procedure for Dishwashers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is amending the current
test procedures for dishwashers,
adopting a new test procedure
appendix, incorporating by reference
Association of Home Appliance
Manufacturers (‘‘AHAM’’) standards—
AHAM DW–1–2020 and DW–2–2020—
and applying certain provisions of the
industry standards to the test
procedures appendices. The
amendments to the current appendix
establish requirements for water
hardness, relative humidity, and loading
pattern; update requirements for
ambient temperature, detergent dosage,
and standby power measurement; and
include testing approaches from
published dishwasher waivers. The new
test procedure appendix additionally
includes provisions for a minimum
cleaning index threshold to validate the
selected test cycle and updated annual
number of cycles and low-power mode
hours for the calculation of annual
energy consumption.
DATES: The effective date of this rule is
February 17, 2023. The amendments to
appendix C1 will be mandatory for
product testing starting July 17, 2023.
Manufacturers will be required to use
the amended test procedure at appendix
C1 until the compliance date of any
final rule establishing amended energy
conservation standards based on the
newly established test procedure at
appendix C2. At such time,
manufacturers will be required to begin
using the newly established test
procedure at appendix C2. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register on February 17, 2023.
ADDRESSES: The docket, which includes
Federal Register notices, webinar
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
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SUMMARY:
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such as those containing information
that is exempt from public disclosure.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2016-BT-TP-0012. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
review the docket, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
Dr.
Carl Shapiro, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5649. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–2588. Email:
Amelia.Whiting@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
maintains and updates a previously
approved incorporation by reference
and incorporates by reference the
following industry standards into title
10 of the Code of Federal Regulations
(‘‘CFR’’) part 430:
AHAM DW–1–2020, ‘‘Uniform Test
Method for Measuring the Energy
Consumption of Dishwashers’’,
(copyright 2020).
AHAM DW–2–2020, ‘‘Household
Electric Dishwashers’’, (copyright
2020).
FOR FURTHER INFORMATION CONTACT:
Copies of AHAM DW–1–2020 and
AHAM DW–2–2020 can be obtained
from Association of Home Appliance
Manufacturers, 1111 19th Street NW,
Suite 402, Washington, DC 20036; or by
going to AHAM’s online store at
www.aham.org/AHAM/AuxStore.
IEC 62301 (‘‘IEC 62301 Ed. 2.0’’),
‘‘Household electrical appliances—
Measurement of standby power,’’
(Edition 2.0, 2011–01).
A copy of IEC 62301 Ed. 2.0 can be
obtained from the International
Electrotechnical Commission (‘‘IEC’’), 3
Rue de Varembe, Case Postale 131, 1211
Geneva 20, Switzerland; +41 22 919 02
11, https://webstore.iec.ch/.
For a further discussion of these
standards, see section IV.N of this
document.
Table of Contents
I. Authority and Background
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A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope of Applicability
C. Updates to Industry Standards
D. Metrics
E. Test Setup
1. Water Hardness
2. Relative Humidity
3. Ambient Temperature
4. 208-Volt Power
5. Built-In Water Reservoir
6. In-Sink Installation
7. Absence of Main Detergent
Compartment
8. Water Meter
F. Test Cycle Amendments
1. Cycle Selections
2. Drying Energy Measurement
3. Annual Number of Cycles
G. Energy and Water Consumption Test
Methods
1. Test Load Items
2. Soils
3. Loading Pattern
4. Preconditioning Cycles
5. Detergent
6. Rinse Aid
7. Water Softener Regeneration Cycles
8. Water Re-Use System
9. Water Heater Efficiency
H. Cleaning Performance
1. General Comments
2. Cleaning Performance Test Method
3. Cleaning Index Threshold
4. Validation of the Test Cycle
5. Determining the Most Energy-Intensive
Cycle
I. Standby Mode Test Method
1. Standby Power Measurement
2. Annual Combined Low-Power Mode
Energy Consumption Calculation
J. Network Mode
K. Test Cycle Duration and Updates to 10
CFR 430.32
L. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
M. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
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I. Authority and Background
Dishwashers are included in the list
of ‘‘covered products’’ for which the
U.S. Department of Energy (‘‘DOE’’) is
authorized to establish and amend
energy conservation standards and test
procedures. (42 U.S.C. 6292(a)(6)) DOE’s
test procedure for dishwashers is
currently prescribed at 10 CFR 430.23(c)
and appendix C1 to subpart B of part
430 (‘‘appendix C1’’). The following
sections discuss DOE’s authority to
establish test procedures for
dishwashers and relevant background
information regarding DOE’s
consideration of test procedures for this
product.
A. Authority
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The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products include dishwashers, the
subject of this document. (42 U.S.C.
6292(a)(6))
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The testing requirements consist of
test procedures that manufacturers of
covered products must use as the basis
for (1) certifying to DOE that their
products comply with the applicable
energy conservation standards adopted
under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the
efficiency of those products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
DOE may, however, grant waivers of
Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section shall be reasonably designed to
produce test results which measure
energy efficiency, energy use, or
estimated annual operating cost of a
covered product during a representative
average use cycle (as determined by the
Secretary) or period of use and shall not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product, including dishwashers, to
determine whether amended test
procedures would more accurately or
fully comply with the requirements for
the test procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
If the Secretary determines, on her
own behalf or in response to a petition
by any interested person, that a test
procedure should be prescribed or
amended, the Secretary shall promptly
publish in the Federal Register
proposed test procedures and afford
interested persons an opportunity to
present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days. In prescribing or
amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE
amend its test procedures for all covered
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products to integrate measures of
standby mode and off mode energy
consumption into the overall energy
efficiency, energy consumption, or other
energy descriptor, unless the current
test procedure already incorporates the
standby mode and off mode energy
consumption, or if such integration is
technically infeasible. (42 U.S.C.
6295(gg)(2)(A)) If an integrated test
procedure is technically infeasible, DOE
must prescribe separate standby mode
and off mode energy use test procedures
for the covered product, if a separate
test is technically feasible. (Id.) Any
such amendment must consider the
most current versions of the
International Electrotechnical
Commission (‘‘IEC’’) Standard 62301 3
and IEC Standard 62087 4 as applicable.
(42 U.S.C. 6295(gg)(2)(A))
DOE is publishing this final rule in
satisfaction of the 7-year review
requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE most recently amended its
dishwasher test procedures in a final
rule published October 31, 2012, that
established a new test procedure at
appendix C1. 77 FR 65942 (‘‘October
2012 Final Rule’’). (For additional
information on the history of test
procedure rulemaking for dishwashers,
please see the October 2012 Final Rule.)
Appendix C1 follows the same general
procedures as those included in the
previously established appendix (i.e.,
‘‘appendix C’’), with updates to: (1)
revise the provisions for measuring
energy consumption in standby mode or
off mode; (2) add requirements for
dishwashers with water softeners to
account for regeneration cycles; (3)
require an additional preconditioning
cycle; (4) include clarifications
regarding certain definitions, test
conditions, and test setup; and (5)
replace obsolete test load items and
soils. 77 FR 65942, 65982–65987.
Appendix C1 is currently required to
demonstrate compliance with DOE’s
energy conservation standards for
dishwashers at 10 CFR 430.32(f).
The current version of the DOE test
procedure includes provisions for
determining estimated annual energy
use (‘‘EAEU’’) in kilowatt-hours per year
(‘‘kWh/year’’), estimated annual
operating cost (‘‘EAOC’’) in dollars per
year, and water consumption in gallons
3 IEC 62301, Household electrical appliances—
Measurement of standby power (Edition 2.0, 2011–
01).
4 IEC 62087, Audio, video and related
equipment—Methods of measurement for power
consumption (Edition 1.0, Parts 1–6: 2015, Part 7:
2018).
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per cycle (‘‘gal/cycle’’). 10 CFR
430.23(c). On December 13, 2016, DOE
published a final determination
(‘‘December 2016 Final Determination’’)
regarding the energy conservation
standards for dishwashers in which
DOE removed appendix C, which was
applicable only to dishwashers
manufactured before May 30, 2013. See
81 FR 90072, 90073.
On August 20, 2019, DOE published
a request for information (‘‘August 2019
RFI’’) seeking comments on the existing
test procedure for dishwashers. 84 FR
43071. In the August 2019 RFI, DOE
requested comments, information, and
data about a number of issues, including
cycle selections, cycle options, test load
items, soils, annual number of cycles,
loading pattern, detergent, rinse aid,
water hardness, standby testing, room
ambient conditions, incorporating
requirements from existing waivers for
testing dishwashers, repeatability and
reproducibility of the test procedure,
and efficiency metrics. Id.
On December 22, 2021, DOE
published a notice of proposed
rulemaking (‘‘December 2021 NOPR’’)
that proposed to amend appendix C1,
adopt a new test in appendix C2,
incorporate by reference AHAM
standards—AHAM DW–1–2020,
‘‘Uniform Test Method for Measuring
the Energy Consumption of
Dishwashers’’ (‘‘AHAM DW–1–2020’’)
and AHAM DW–2–2020, ‘‘Household
Electric Dishwashers’’ (‘‘AHAM DW–2–
2020’’)—and apply certain provisions of
the industry standards to the test
procedures appendices, and include
provisions for a minimum cleaning
index threshold to validate the selected
test cycle. 86 FR 72738. DOE requested
comments from interested parties on the
proposal. Id. DOE received comments in
response to the December 2021 NOPR
from the interested parties listed in
Table I.1.
TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE DECEMBER 2021 NOPR
Commenter(s)
Reference in this
final rule
Association of Home Appliance Manufacturers ........................................................
Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern
California Edison; collectively, the California Investor-Owned Utilities.
GE Appliances, a Haier company .............................................................................
Appliance Standards Awareness Project, National Consumer Law Center, on behalf of its low-income clients, and Natural Resources Defense Council.
Samsung Electronics America, Inc ............................................................................
Whirlpool Corporation ................................................................................................
AHAM .....................
CA IOUs .................
5 17,
Commenter type
26
19
Trade Association.
Utilities.
GEA ........................
Joint Commenters ..
20
18
Samsung ................
Whirlpool .................
21
16
Manufacturer.
Efficiency Organizations.
Manufacturer.
Manufacturer.
II. Synopsis of the Final Rule
In this final rule, DOE incorporates by
reference into 10 CFR part 430 the new
industry standards AHAM DW–1–2020
and AHAM DW–2–2020. Specifically,
this final rule amends the dishwasher
test procedure to:
(1) Incorporate by reference AHAM
DW–1–2020 into 10 CFR part 430 and
apply certain provisions of the industry
standards to appendix C1, including the
following:
a. Add the water hardness
specification in section 2.11 of AHAM
DW–1–2020;
b. Add the relative humidity
specification in section 2.5.1 of AHAM
DW–1–2020 and the associated
tolerance for the measurement
instrument in Section 3.7 of AHAM
DW–1–2020;
c. Update the active mode ambient
temperature as specified in section 2.5.1
of AHAM DW–1–2020;
d. Update the loading pattern
requirement by applying the direction
specified in section 2.6 of AHAM DW–
1–2020;
e. Update the specifications for
detergent usage consistent with section
2.10 of AHAM DW–1–2020. This
includes changing the type of detergent
used and the calculation of detergent
dosage to be used for the prewash and
main wash cycles of dishwashers other
than water re-use system dishwashers;
f. Add specific dishwasher door
configuration requirements during
standby mode testing by incorporating
the specifications in section 4.2 of
AHAM DW–1–2020 and update the
annual combined low-power mode
hours based on cycle duration; and
g. Incorporate the requirements from
AHAM DW–1–2020 for the test methods
pertaining to two granted waivers for
dishwashers with specific design
features.
(2) Establish new appendix C2, which
would generally require testing as in
appendix C1, with the following
additional updates:
a. Specify provisions for scoring the
test load and calculating a per-cycle
cleaning index metric as specified in
AHAM DW–2–2020 and establish a
minimum cleaning index threshold of
70 as a condition for a test cycle to be
valid.
b. Update number of annual cycles
and low-power mode hours used for
calculating the estimated annual energy
use as specified in Section 5 of AHAM
DW–1–2020.
For both appendix C1 and new
appendix C2, this final rule additionally
adds provisions to incorporate the test
methods specified in a waiver for testing
a basic model of dishwasher that does
not hook up to a water supply line, but
has a manually filled, built-in water
5 AHAM’s supplemental comment (No. 26) was
received 192 days after the comment submission
deadline. DOE generally will not consider late-filed
comments, but may exercise its discretion to do so
where necessary and appropriate. In this case, DOE
is considering AHAM’s comment because its
tardiness has not disrupted DOE’s consideration of
this matter and because the comment regards a
subject important to this matter.
6 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for
dishwashers. (Docket No. EERE–2016–BT–TP–0012,
which is maintained at www.regulations.gov.) The
references are arranged as follows: (commenter
name, comment docket ID number, page of that
document).
DOE also received feedback from
AHAM during an ex parte meeting held
on October 19, 2022 (‘‘October 2022 ex
parte meeting’’). (AHAM, No. 27)
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.6 To the extent that
interested parties have provided written
comments that are substantively
consistent with any oral comments
provided during the February 3, 2022,
public meeting (hereafter referred to as
the ‘‘December 2021 NOPR public
meeting’’), DOE cites the written
comments throughout this final rule.
Any oral comments provided during the
webinar that are not substantively
addressed by written comments are
summarized and cited separately
throughout this final rule.
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Comment No.
in the docket
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tank and in a waiver for basic models of
dishwashers that are installed in-sink
(as opposed to built-in to the cabinetry
or placed on countertops).
The adopted amendments are
summarized in Table II.1 compared to
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the test procedure provision prior to the
amendment, as well as the reason for
the adopted change.
TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURE
DOE test procedure prior to
amendment
Amended test procedure
References provisions of ANSI/AHAM DW–
1–2010 for some aspects of the test procedure.
Does not specify a water hardness requirement.
References provisions of AHAM DW–1–
2020 newly incorporated into 10 CFR
part 430, with limited modifications.
Adds water hardness requirement to be
consistent with AHAM DW–1–2020,
which specifies 0 to 85 parts per million
of calcium carbonate.
Adds a relative humidity (‘‘RH’’) requirement consistent with AHAM DW–1–
2020, which specifies 35 percent ± 15
percent.
References the instrumentation requirements from AHAM DW–1–2020 for
measuring relative humidity.
References the ambient temperature requirement from AHAM DW–1–2020, including maintaining it at a target temperature of 75 °F.
References the loading pattern from
AHAM DW–1–2020, which specifies the
same loading requirements as the ENERGY STAR Cleaning Performance
Test Method.
References the detergent type and detergent dosing requirements from AHAM
DW–1–2020, which references AHAM
DW–2–2020 and specifies Cascade
Complete Powder detergent and dosing
requirements based on number of place
settings.
Reduces the annual number of cycles to
184 for calculating annual energy use.
References the requirement from AHAM
DW–1–2020, which specifies that the
door must be opened at the end of an
active cycle and closed immediately
prior to standby power measurement.
References the requirement from AHAM
DW–1–2020 to use the measured cycle
duration to calculate combined lowpower mode hours.
Adds a test method from AHAM DW–1–
2020 to test dishwashers intended for a
208-volt power supply.
Adds a test method from AHAM DW–1–
2020 for dishwashers with a water reuse system.
Specifies installation instructions and test
provisions for dishwashers that do not
connect to a water supply line, but instead have a built-in water tank.
Specifies installation instructions for ‘‘insink’’ dishwashers.
Does not specify any range for relative humidity.
Does not specify any instrumentation for
measuring relative humidity.
Specifies that the ambient temperature
must be maintained at 75 °F ±5 °F.
Does not specify a loading pattern ..............
References the detergent type and detergent dosing requirements from ANSI/
AHAM DW–1–2010, which specifies Cascade with the Grease Fighting Power of
Dawn as the detergent and dosing requirements based on water volumes in
the prewash and main wash cycles.
Uses 215 annual cycles for calculating annual energy use.
Does not specify whether the dishwasher
door should be open or closed during
standby mode testing.
Uses 8,465 hours to calculate combined
low-power mode energy consumption for
dishwashers that do not have a fan-only
mode.
Does not include a method to test dishwashers operating on 208-volt power
supply.
Does not include a method to test dishwashers with a water re-use system that
uses water recovered from prior use.
Specifies installation instructions and test
provisions only for dishwashers that connect to a water supply line.
Specifies installation instructions only for
under-counter and under-sink dishwashers.
Requires placing detergent within a main
wash detergent compartment.
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Does not specify a minimum cleaning index
threshold to validate a test cycle.
Specifies detergent placement instructions
for dishwashers that do not have a main
wash detergent compartment.
Requires measurement of a per-cycle
cleaning index based on section
5.12.3.1 of AHAM DW–2–2020 (i.e., reflecting soil particles only), and establishes a threshold value of 70 as a condition for a test cycle to be valid.
DOE has determined that the
amendments adopted in this final rule
would not require DOE to amend the
energy and water conservation
standards for dishwashers. The
additional amendments specified in the
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procedure
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Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C2 ........................
Improve representativeness.
Appendix C1 and appendix
C2.
Harmonize with industry standard and
practice.
Appendix C2 ........................
Harmonize with industry standard and
practice.
Appendix C1 and appendix
C2.
Response to waiver and harmonize with
industry standard and practice.
Appendix C1 and appendix
C2.
Response to waiver and harmonize with
industry standard and practice.
Appendix C1 and appendix
C2.
Response to waiver.
Appendix C1 and appendix
C2.
Response to waiver.
Appendix C1 and appendix
C2.
Response to waiver.
Appendix C2 ........................
Ensure the test procedure produces test
results which measure energy and water
use during a representative average use
cycle.
newly established appendix C2 would
alter the calculated energy consumption
of dishwashers as discussed further in
each relevant section of this final rule.
However, testing in accordance with
appendix C2 would not be required
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until such time as compliance is
required with any amended energy
conservation standards based on
appendix C2. Discussion of DOE’s
actions are addressed in detail in
section III of this document.
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The effective date for the amended
test procedures adopted in this final
rule is 30 days after publication of this
document in the Federal Register.
Representations of energy use or energy
efficiency must be based on testing in
accordance with the amended test
procedure in appendix C1 beginning
180 days after the publication of this
final rule.
III. Discussion
In the December 2021 NOPR, DOE
requested stakeholder feedback on
several topics including test setup, test
cycles, energy and water consumption
test methods, cleaning performance, and
standby mode test method. 86 FR 72738.
In the following sections, DOE
addresses the topics on which it
requested feedback in the December
2021 NOPR, summarizes stakeholder
comments received, responds to these
comments, and finalizes the test
procedure based on comments and
DOE’s analyses.
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A. General Comments
AHAM commented that it supported
DOE in its efforts to save energy and
ensure a national marketplace through
the Appliance Standards Program.
AHAM stated that repeatable and
reproducible test procedures that are
representative of average consumer use,
but not unduly burdensome to conduct,
are an integral part of the standards
program. (AHAM, No. 17 at p. 1) AHAM
also commented that it supported DOE’s
decision to incorporate by reference
AHAM DW–1–2020 into the dishwasher
test procedure at 10 CFR part 430.
(AHAM, No. 17 at pp. 1–2) The CA
IOUs commented that they support
several changes DOE has made to
improve representativeness of the test
procedure regarding water hardness,
relative humidity, and loading pattern.
(CA IOUs, No. 19 at p. 4)
GEA commented that it supported
comments submitted by AHAM. (GEA,
No. 20 at p. 2) Whirlpool commented
that it supported many of DOE’s
proposals from the December 2021
NOPR, which largely harmonize with
existing industry standards. (Whirlpool,
No. 16 at p. 3)
AHAM also commented that the 60day December 2021 NOPR comment
period and the comment period for the
preliminary analysis evaluating
amended energy conservation standards
for dishwashers that DOE published on
January 24, 2022 (‘‘January 2022
Preliminary Analysis;’’ 87 FR 3450) 7
7 The
Notification of a Webinar and Availability
of the Preliminary Technical Support Document for
energy conservation standards for dishwashers,
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overlapped by 30 days and that DOE
should have first considered stakeholder
comments on the major changes
proposed in the December 2021 NOPR,
particularly in light of the scant data
DOE provided on the docket to support
the inclusion of a cleaning performance
requirement or the performance
threshold chosen in the test procedure,
before proceeding with the energy
conservation standard itself. (AHAM,
No. 17 at p. 18)
AHAM commented that it recognized
and supported DOE’s interest in moving
rulemakings forward, especially rules
such as the dishwasher energy
conservation standards and test
procedure, which have missed statutory
deadlines, but DOE should have
released the test procedure proposal
before conducting its preliminary
analysis. AHAM suggested that this
would have provided both commenters
and DOE more time to understand the
impact of a proposed test on potential
standards while allowing the
rulemaking process to move along more
swiftly. (AHAM, No. 17 at pp. 18–19)
AHAM commented that DOE’s desire to
move quickly on the standards and test
procedure rulemakings was
disingenuous, given that it had missed
statutory deadlines before and
diminished the value of early
stakeholder engagement, which is
problematic given the significance of the
proposal. (AHAM, No. 17 at p. 19)
In response to AHAM’s comment
regarding the publication of the
December 2021 NOPR and the January
2022 Preliminary Analysis, neither the
prior version nor the current version of
DOE’s ‘‘Procedures, Interpretations, and
Policies for Consideration of New or
Revised Energy Conservation Standards
and Test Procedures for Consumer
Products and Certain Commercial/
Industrial Equipment’’ (‘‘Process Rule’’)
specify that a final amended test
procedure will be issued prior to issuing
standards pre-NOPR rulemaking
documents (e.g., a standards
preliminary analysis). See 10 CFR part
430, subpart C, appendix A (Jan. 1, 2020
edition); 86 FR 70892, 70928 (Dec. 13,
2021). Additionally at the time the
January 2022 Preliminary Analysis was
published, the current version of the
Process Rule was in effect and it
generally provides that new test
procedures and amended test
procedures that impact measured energy
use or efficiency will be finalized at
least 180 days prior to the close of the
comment period for a NOPR proposing
along with the Preliminary Technical Support
Document, are available at www.regulations.gov/
docket/EERE-2019-BT-STD-0039.
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new or amended energy conservation
standards. 86 FR 70892, 70928. DOE
will continue to conduct additional
analyses based on this finalized test
procedure before proposing any new
energy conservation standards, and
stakeholders will be provided an
opportunity to comment on any updated
analysis as part of any proposal
published regarding amended
standards.
B. Scope of Applicability
This rulemaking applies to
dishwashers. A dishwasher is a cabinetlike appliance, which with the aid of
water and detergent, washes, rinses, and
dries (when a drying process is
included) dishware, glassware, eating
utensils, and most cooking utensils by
chemical, mechanical, and/or electrical
means and discharges to the plumbing
drainage system. 10 CFR 430.2. DOE is
not amending the scope of the
dishwasher test procedure.
C. Updates to Industry Standards
The current dishwasher test
procedure at appendix C1 references the
AHAM industry standard, ANSI/AHAM
DW–1–2010, for certain provisions of
the DOE test procedure. ANSI/AHAM
DW–1–2010 includes test methods to
determine dishwasher cleaning
performance and energy and water
consumption among other tests. ANSI/
AHAM DW–1–2010 was superseded by
AHAM DW–1–2019, which contains
updates pertaining to the number of
place settings, detergent dosage, etc. and
includes test methods for evaluating
cleaning performance, but does not
include the measurements of energy and
water consumption that were previously
included in ANSI/AHAM DW–1–2010.
AHAM DW–1–2019 was further
superseded by AHAM DW–2–2020,8
which also includes test methods for
evaluating cleaning performance but
does not include test methods for
determining energy and water
consumption. Additionally, AHAM
published AHAM DW–1–2020, which is
an industry test procedure for
determining the energy and water
consumption of dishwashers and
updates the relevant energy and water
consumption test method provisions
that were previously specified in ANSI/
AHAM DW–1–2010. The following
paragraphs provide an overview of the
two most recently published standards,
AHAM DW–1–2020 and AHAM DW–2–
2020.
8 AHAM updated its numbering scheme for
dishwasher standards, wherein DW–2 measures
cleaning performance, whereas DW–1 measures
energy and water consumption.
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AHAM DW–1–2020 specifies
definitions, testing conditions,
instrumentation, test cycle and
measurements, and calculations for
energy and water consumption of
dishwashers. AHAM DW–1–2020 also
references the IEC Standard 62301,
‘‘Household electrical appliances—
Measurement of standby power’’,
Edition 2.0, 2011–01 (‘‘IEC 62301 Ed.
2.0’’) for measuring standby mode and
off mode power consumption. AHAM
DW–1–2020 was developed by AHAM
based upon the current appendix C1
and references, as applicable, AHAM
DW–2–2020 in each instance, where
appendix C1 currently references ANSI/
AHAM DW–1–2010.9
AHAM DW–2–2020 supersedes the
AHAM DW–1–2019 industry standard,
which superseded ANSI/AHAM DW–1–
2010. AHAM included minor changes
and illustrations to improve consistency
throughout the document, to reflect the
latest representative items used for
testing, and to eliminate ambiguity in
test preparation. In the December 2021
NOPR, DOE proposed to reference
relevant sections of AHAM DW–2–2020,
which includes setup, measurement,
and calculation instructions for
evaluating dishwasher cleaning
performance, for its proposal to specify
a per-cycle cleaning index threshold as
a condition for a valid test cycle. 86 FR
72738, 72743.
In the December 2021 NOPR, DOE
proposed to incorporate by reference
into 10 CFR part 430 the currently
applicable industry test procedure for
dishwashers, AHAM DW–1–2020. Id.
DOE also proposed to update the
industry standard incorporated by
reference in 10 CFR part 430 from
ANSI/AHAM DW–1–2010 to AHAM
DW–2–2020. Id. In addition, DOE
proposed to reference in appendix C1
and the new appendix C2 specific
provisions of AHAM DW–1–2020 and
AHAM DW–2–2020, with
modifications, to clarify provisions
where the applicable industry
consensus standards would not produce
test results that are representative of the
energy and water use of certain
products. Id. DOE requested comment
on its proposal to incorporate by
reference into 10 CFR part 430 the most
recent version of the industry standard
for dishwasher energy and water use
measurement, AHAM DW–1–2020, as
well as the industry performance
standard, AHAM DW–2–2020, both
with modifications. Id. DOE sought
9 The current references to ANSI/AHAM DW–1–
2010 specify place settings, serving pieces, soiling
procedures, loading procedures, and detergent
specifications—all of which are now specified in
AHAM DW–2–2020.
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comment on its preliminary conclusion
that the proposed modifications to the
industry standards are necessary so that
the DOE test method satisfies the
requirements of EPCA. Id.
DOE did not receive any comments on
the industry standards incorporated by
reference, except as discussed in section
III.A of this final rule. Accordingly, DOE
is finalizing its proposal, consistent
with the December 2021 NOPR, to
incorporate by reference into 10 CFR
part 430 the most recent version of the
industry standard for dishwasher energy
and water use measurement, AHAM
DW–1–2020, as well as the industry
performance standard, AHAM DW–2–
2020, both with modifications.
D. Metrics
DOE’s dishwasher test procedures in
10 CFR 430.23(c) and appendix C1
provide results for dishwasher EAEU in
kWh/year and water consumption in
gal/cycle.
In the December 2021 NOPR, DOE
summarized comments it received in
response to the August 2019 RFI
regarding an energy and water use
metric on a per-place setting basis. 86
FR 72738, 72743. Most commenters
opposed such a metric, claiming that no
correlation exists between capacity and
energy or water use, a per-place setting
metric would be confusing for
consumers, and it would be dependent
on a claimed value of place setting
capacity. Id. In the NOPR, DOE
proposed to maintain the current
metrics used for measuring dishwasher
energy and water consumption. 86 FR
72738, 72743.
DOE did not receive any additional
comments on this topic and is finalizing
its proposal, consistent with the
December 2021 NOPR, to maintain the
current efficiency metrics in appendix
C1 and the new appendix C2.
E. Test Setup
1. Water Hardness
The currently applicable appendix C1
does not currently specify any water
hardness requirement for testing.
To reduce potential variability across
testing facilities, DOE proposed in the
December 2021 NOPR to incorporate the
water hardness requirements in section
2.11 of AHAM DW–1–2020, which
specifies a maximum water hardness of
85 parts per million (‘‘ppm’’) of CaCO3.
86 FR 72738, 72743. DOE stated in the
December 2021 NOPR that certain
manufacturers may already be testing
their dishwashers according to these
water hardness specifications because
this water hardness requirement is
specified in the ENERGY STAR Test
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Method for Determining Residential
Dishwasher Cleaning Performance
(‘‘ENERGY STAR Cleaning Performance
Test Method’’). Id. at 86 FR 72744. DOE
explained that AHAM had commented
that it expected laboratories already
have the capability to control water
hardness to within these specifications.
Id. Furthermore, in the December 2021
NOPR, DOE noted that nine dishwasher
brands are included in the ENERGY
STAR’s Most Efficient database,10 and
that manufacturers of these models must
report cleaning performance as
measured by the ENERGY STAR
Cleaning Performance Test Method. Id.
DOE stated in the December 2021 NOPR
that it did not expect this proposal to be
unduly burdensome or impact the rated
energy and water use of dishwashers. Id.
Additionally, as described further in
section III.H of this document, in the
December 2021 NOPR, DOE proposed to
specify a minimum cleaning index
threshold as a condition for a valid test
cycle, which may also be impacted by
water hardness. Id. DOE requested
comment on its proposal to require use
of the water hardness requirements from
section 2.11 of AHAM DW–1–2020. Id.
The Joint Commenters stated that they
supported DOE’s proposal to
incorporate a water hardness
specification consistent with AHAM
DW–1–2020. The Joint Commenters
agreed that the requirement would add
clarity to the test procedure and help
reduce potential variability across
testing facilities. (Joint Commenters, No.
18 at p. 1)
DOE has more recently observed that
12 dishwasher brands are now included
in the ENERGY STAR’s Most Efficient
database, indicating that many
manufacturers are already meeting the
specified water hardness requirement
and have the capability to meet these
requirements.11 Additionally, while
DOE is establishing a cleaning
performance threshold only in the new
appendix C2 (as discussed in section
III.H of this document), since the water
hardness requirement is expected to
support reproducibility of results
without increasing test burden for
testing facilities, DOE is finalizing its
proposal to require use of the water
hardness requirements from section 2.11
of AHAM DW–1–2020 in both appendix
10 ENERGY STAR Most Efficient database.
Available at www.energystar.gov/most-efficient/mecertified-dishwashers. Last accessed July 6, 2022.
11 The ENERGY STAR Program recently also
finalized the ENERGY STAR V. 7.0 Specification for
dishwashers, which includes a cleaning
performance requirement for any dishwasher
seeking the ENERGY STAR label. This specification
does not go into effect until July 19, 2023. See
ENERGY STAR Version 7.0 Residential Dishwasher
Final Specification Cover Letter.
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C1 and the new appendix C2, consistent
with the December 2021 NOPR.
2. Relative Humidity
The currently applicable appendix C1
does not specify an ambient relative
humidity for testing.
In the December 2021 NOPR, DOE
proposed amending appendix C1 to
include the relative humidity
requirement of AHAM DW–1–2020,
which specifies in Section 2.5.1 that an
ambient relative humidity condition of
35 percent ±15 percent must be
maintained in the testing room
throughout the soiling application and
2-hour air dry period. 86 FR 72738,
72744. DOE also proposed to include
this same requirement in the new
appendix C2. Id.
DOE’s testing experience suggests that
ambient relative humidity could
potentially impact the adherence of the
applied soils to the test load during the
2-hour air-dry period specified in
AHAM DW–2–2020 (which is the same
as that specified in ANSI/AHAM DW–
1–2010 and AHAM DW–1–2019). 86 FR
72738, 72744. The adherence of the
applied soil loads to the dishware could
impact the amount of energy and water
required to remove those soils for soilsensing dishwashers, which constitute a
significant percentage of dishwashers on
the market. Id. Further, adherence of the
applied soil loads could impact cleaning
performance, which in turn could
impact the determination of the validity
of each test cycle.12 Id. Establishing a
relative humidity requirement would
limit any such potential variation and
increase repeatability and
reproducibility of test results. Id. As
discussed, the proposed relative
humidity requirement is the same as the
requirement in AHAM dishwasher
standards, indicating that this reflects
current industry practice. Id. As such,
DOE stated in the December 2021 NOPR
that it does not expect this requirement
to increase test burden as compared to
current industry practice. Id.
In conjunction with this proposed
relative humidity test condition, in the
December 2021 NOPR, DOE also
proposed to include the relative
humidity measuring device requirement
specified in section 3.7 of AHAM DW–
1–2020, which states that relative
humidity measurement equipment must
have a resolution of at least 1 percent
relative humidity, and an accuracy of at
least ±6 percent relative humidity over
the temperature range of 75 degrees
Fahrenheit (‘‘°F’’) ±5 °F. 86 FR 72738,
72744.
12 See section III.H of this document for more
details.
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DOE stated in the December 2021
NOPR that it had compared this
proposed requirement to the relative
humidity measuring device
requirements currently specified in
other DOE test procedures. 86 FR 72738,
72744. The Uniform Test Method for
Measuring the Energy Consumption of
Clothes Dryers at 10 CFR part 430,
subpart B, appendix D1 and appendix
D2; appendix E (Water Heaters);
appendix H (Television Sets); appendix
M and appendix M1 (Central Air
Conditioners and Heat Pumps);
appendix O (Vented Home Heating
Equipment); appendix U (Ceiling Fans);
appendix X1 (Dehumidifiers); and
appendix AA (Furnace Fans) all require
the use of a measuring device with a
specified error tolerance to measure
relative humidity. These appendices
specify tolerances for the relative
humidity measuring device ranging
from 0.7 percent to 5 percent relative
humidity. Therefore, DOE stated in the
December 2021 NOPR that its proposal
specifying a maximum error of no
greater than ±6 percent relative
humidity to ensure accurate
measurement of relative humidity,
while testing should not cause undue
burden, since testing facilities that test
other covered consumer products or
equipment that require control of the
ambient relative humidity already have
the capability to meet the proposed
requirement. Id.
In the December 2021 NOPR, DOE
requested comment on its proposal to
reference AHAM DW–1–2020 for the
relative humidity and associated
instrumentation requirements, which
specifies a relative humidity test
condition of 35 percent ±15 percent, and
a resolution of at least 1 percent relative
humidity and an accuracy of at least ±6
percent relative humidity over the
temperature range of 75 °F ±5 °F for the
relative humidity measuring device. Id.
at 86 FR 72744–72745. DOE also
requested data regarding the impact of
relative humidity on dishwasher energy
and water usage. Id. at 86 FR 72744.
DOE did not receive any comments on
this topic. Based on the reasons already
discussed in this section, DOE is
finalizing its proposal, consistent with
the December 2021 NOPR, to reference
AHAM DW–1–2020 for the relative
humidity and associated
instrumentation requirements in
appendix C1 and the new appendix C2.
3. Ambient Temperature
Section 2.5.1 of the currently
applicable appendix C1 specifies an
ambient temperature of 75 °F ±5 °F for
active mode testing.
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Section 2.5.1 of AHAM DW–1–2020
specifies an ambient temperature of
75 °F ±5 °F and further specifies a target
temperature of 75 °F. In the December
2021 NOPR, DOE proposed to reference
these ambient temperature requirements
in AHAM DW–1–2020 in appendix C1
and the new appendix C2. 86 FR 72738,
72745. DOE stated that this proposed
amendment would improve
repeatability and reproducibility of
results, while minimizing additional
test burden, and that as the amendment
is consistent with the industry standard,
it reflects current industry practice. Id.
Additionally, this amendment is
consistent with the approach used to
specify ambient temperature in the
clothes washer test procedure at
appendix J2. Id.
DOE requested input on its proposal
to specify a target nominal ambient
temperature of 75 °F for active mode
testing, as referenced from AHAM DW–
1–2020. 86 FR 72738, 72745.
The CA IOUs recommended that DOE
would be able to more effectively
accomplish its goal of improving
repeatability and reproducibility of the
test method by specifying an average
temperature tolerance to the ambient
temperature condition in addition to the
existing 75 ± 5 °F minimum and
maximum ambient temperature
tolerance, rather than use ambiguous
language of a ‘‘target temperature.’’ (CA
IOUs, No. 19 at pp. 3–4)
DOE understands the CA IOUs’
concern but notes that the intent of the
ambient temperature requirement has
always been to conduct the test at 75 °F,
or as close to it as feasible, to the extent
possible. The goal of adding ‘‘target
temperature’’ in the requirement is to
emphasize this point. Additionally,
DOE does not have data to determine
the appropriate tolerance for the average
temperature that would ensure that the
temperature stays as close to 75 °F as
possible.
For the reasons stated above, DOE is
finalizing its proposal, consistent with
the December 2021 NOPR, specifying a
target nominal ambient temperature of
75 °F for active mode testing, as
referenced from AHAM DW–1–2020, in
appendix C1 and the new appendix C2.
4. 208-Volt Power
On April 10, 2017, DOE published a
Decision and Order granting Miele, Inc.
(‘‘Miele’’) a test procedure waiver
(‘‘Miele waiver’’) for testing a specified
basic model intended for a 208-volt
power supply rather than the 115 volts
or 240 volts specified in the currently
applicable appendix C1. 82 FR 17227
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(Case No. DW–12).13 Miele is required
to test the basic model specified in the
Miele waiver using appendix C1, except
that it must maintain the electrical
supply to the dishwasher at 208 volts ±2
percent and within 1 percent of its
nameplate frequency as specified by the
manufacturer; and maintain a
continuous electrical supply to the unit
throughout testing, including the
preconditioning cycles, specified in
section 2.9 of appendix C1, and in
between all test cycles. Id. at 82 FR
17228–17229.
Subsequently, AHAM published the
AHAM DW–1–2020 standard, which
includes provisions in section 2.2.2 for
testing dishwashers that operate with an
electrical supply of 208 volts that is
comparable to the Miele waiver.
As soon as practicable after the
granting of any waiver, DOE is required
to publish in the Federal Register a
NOPR to amend its regulations so as to
eliminate any need for the continuation
of such waiver. 10 CFR 430.27(l). As
soon thereafter as practicable, DOE will
publish in the Federal Register a final
rule. Id. Since AHAM DW–1–2020
includes the language from the Miele
waiver, DOE proposed in the December
2021 NOPR to reference these
requirements in appendix C1 and the
new appendix C2 for dishwashers that
operate at 208 volts. 86 FR 72738,
72745.
In the December 2021 NOPR, DOE
requested comment on its proposal to
reference in appendix C1 and the new
appendix C2 the testing provisions from
AHAM DW–1–2020 to address the
Miele waiver for dishwashers that
operate at 208 volts. Id.
DOE did not receive any comments on
this topic. DOE is finalizing its proposal,
consistent with the December 2021
NOPR, to reference in appendix C1 and
the new appendix C2 the testing
provisions from AHAM DW–1–2020 to
address the Miele waiver for
dishwashers that operate at 208 volts.
5. Built-In Water Reservoir
DOE published a Decision and Order
on December 9, 2020 (‘‘December 2020
Decision and Order’’), granting CNA
International Inc. (‘‘CNA’’) a test
procedure waiver (‘‘CNA waiver’’) for a
basic model of a compact dishwasher
that does not connect to a water supply
line and instead has a built-in reservoir
that must be manually filled with water.
85 FR 79171 (Case No. 2020–008).14 In
13 All materials regarding the Miele waiver are
available in docket EERE–2016–BT–WAV–0039 at
www.regulations.gov.
14 All materials regarding the CNA waiver are
available in docket EERE–2020–BT–WAV–0024 at
www.regulations.gov.
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the December 2021 NOPR, DOE
proposed amendments regarding the
specific design characteristics addressed
in the CNA waiver, generalized to be
applicable to any future dishwasher
models with this design characteristic,
so as to eliminate any need for the
continuation of this waiver. 86 FR
72738, 72745.
Specifically, DOE proposed the
following provisions in appendix C1
and the new appendix C2 for testing
such models:
(1) Refer to the full reservoir capacity as
reported by the manufacturer (rather than
specifying the full capacity as 5 liters);
(2) Require following any sequence of
events specified in the manufacturer
instructions (rather than specifying the
particular sequence of events required for the
basic model subject to the CNA waiver);
(3) Use the prewash fill water volume (if
any) and main wash water fill volume as
reported by the manufacturer (rather than
specifying a main wash fill water volume of
1.5 liters);
(4) Water consumption for each test cycle
is the value reported by the manufacturer
(rather than specifying the water
consumption as 4.8 liters).
86 FR 72738, 72746.
In the December 2021 NOPR, DOE
requested comment on its proposal to
incorporate the requirements of the
CNA waiver for any dishwasher with a
built-in reservoir. Id. In particular, DOE
requested stakeholder feedback on using
the detergent dosage requirement based
on number of place settings rather than
main wash water volume in the new
appendix C2, for dishwashers with
built-in reservoirs. Id.
DOE did not receive any comments on
this topic and is finalizing its proposal,
consistent with the December 2021
NOPR, to incorporate the requirements
of the CNA waiver for any dishwasher
with a built-in reservoir in appendix C1
and the new appendix C2.
6. In-Sink Installation
On October 15, 2020, FOTILE Kitchen
Ware Co. Ltd. (‘‘FOTILE’’) filed a
petition for waiver and interim waiver
seeking a waiver from the installation
requirements specified in the currently
applicable appendix C1, which pertain
to under-counter or under-sink
dishwashers. 86 FR 26712, 26713.
In granting FOTILE an interim waiver
on February 8, 2021, DOE noted that
FOTILE’s alternate test procedure
specified a test enclosure that differed
from the installation instructions
provided in the operation manual. 86
FR 8548, 8549. Specifically, the
alternate test procedure retained a
requirement that the enclosure be
brought into the closest contact with the
appliance that the configuration of the
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dishwasher allows. In the case of
FOTILE’s basic models, this would
include close contact between the
bottom of the enclosure and the
underside of the in-sink dishwasher. In
the FOTILE interim waiver notice, DOE
noted that because the height of the
product is 21 5/16 inches (541
millimeters (‘‘mm’’)), placing the bottom
part of the enclosure as close as possible
to the bottom of the compact in-sink
dishwasher would conflict with the
installation instructions in the operation
manual, which specify a minimum
enclosure height of 35 7/16 inches (900
mm). Id. This may potentially result in
differing heat losses from the
dishwasher that could impact energy
consumption during the cycle. Id. In the
interim waiver notice, DOE further
noted that specifying the enclosure
would be consistent with the
manufacturer installation instructions
and would provide results that are more
representative of average use and
requested comment on this topic. 86 FR
8548, 8551.
On May 17, 2021, DOE published a
Decision and Order granting FOTILE the
waiver (‘‘FOTILE waiver’’). 86 FR
26712, 26715–26716 (Case No. 2020–
020).15 Specifically, according to the
published FOTILE waiver, FOTILE is
required to test compact in-sink
dishwashers using the currently
applicable appendix C1 with
modifications to install these
dishwasher basic models from the top of
a rectangular enclosure (as opposed to
the front). Id. at 86 FR 26713. DOE also
specified the use of the installation
requirements that were proposed in the
alternate test procedure in the FOTILE
interim waiver, with modifications to
the provisions pertaining to the
enclosure in which the dishwasher is
tested. Id. at 86 FR 26714–26715.
On July 22, 2021, DOE published a
notification of extension of waiver
granting a waiver to additional in-sink
FOTILE basic model dishwashers. 86 FR
38700 (Case No. 2021–005).
In the December 2021 NOPR, DOE
proposed to incorporate into appendix
C1 and the new appendix C2 the
alternate test procedures in the FOTILE
waiver, such that the installation
requirements would be applicable for
any in-sink dishwasher. 86 FR 72738,
72746. Specifically, DOE proposed that
the requirements pertaining to the
rectangular enclosure for under-counter
or under-sink dishwashers that are
specified in section 2.1 of AHAM DW–
1–2020 would not be applicable to in15 All materials regarding the FOTILE waiver are
available in docket EERE–2020–BT–WAV–0035 at
www.regulations.gov.
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sink dishwashers. Id. For such
dishwashers, DOE proposed that the
rectangular enclosure must consist of a
front, a back, two sides, and a bottom.
Id. The front, back, and sides of the
enclosure must be brought into the
closest contact with the appliance that
the dishwasher configuration allows.
DOE additionally proposed that the
height of the enclosure must be as
specified in the manufacturer’s
instructions for installation height. Id. If
no instructions are provided, DOE
proposed that the enclosure height must
be 36 inches, since this is the typical
height of kitchen cabinetry with
counters attached, which is where such
a dishwasher would be installed. Id.
DOE also proposed that the dishwasher
must be installed from the top and
mounted to the edges of the enclosure.
Id.
In the December 2021 NOPR, DOE
requested comment on its proposal to
incorporate into appendix C1 and the
new appendix C2 the installation
requirements for in-sink dishwashers
from the FOTILE waiver. Id.
DOE did not receive any comments on
this topic and is finalizing its proposal,
consistent with the December 2021
NOPR, to incorporate into appendix C1
and the new appendix C2 the
installation requirements for in-sink
dishwashers from the FOTILE waiver.
7. Absence of Main Detergent
Compartment
In addition to seeking a waiver for the
installation requirements for in-sink
dishwashers, the basic models for which
FOTILE sought a waiver do not have a
main detergent compartment. 86 FR
26712, 26713. Specifically, according to
the published FOTILE waiver, FOTILE
is required to test compact in-sink
dishwashers placing the detergent
directly into the washing chamber. Id. at
86 FR 26715. In the December 2021
NOPR, DOE proposed to incorporate the
provisions for detergent placement
specified in the FOTILE waiver into
both appendix C1 and the new
appendix C2, generalizing this provision
such that it would be applicable to any
dishwasher that does not have a
detergent compartment. 86 FR 72738,
72746.
In the December 2021 NOPR, DOE
requested comment on its proposal that
the detergent must be placed directly
into the dishwasher chamber for any
dishwasher that does not have a
prewash or main wash detergent
compartment. Id. at 86 FR 72746–72747.
AHAM commented that the language
pertaining to the detergent amount and
placement in the FOTILE waiver was
broad and would conflict with the
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detergent placement provisions of the
current DOE dishwasher test procedure.
(AHAM, No. 17 at p. 17) AHAM stated
the following concerns: (1) the proposed
requirement was too prescriptive in
specifying that the detergent be placed
directly in the ‘‘wash chamber’’ and
eliminated the possibility for the
manufacturer to specify an alternate
location, which is allowed in the
current test procedure; (2) the term
‘‘main wash compartment,’’ as found in
section 2.10 of the current test
procedure, is not defined and could be
interpreted as being synonymous with
‘‘wash chamber’’; and (3) the proposed
language removed reference to section
2.10.1 of appendix C1, thus eliminating
the option of adding prewash detergent
in another location as may be specified
by the manufacturer. (Id.)
AHAM proposed adding the phrase
‘‘or other location recommended by the
manufacturer,’’ as currently specified in
section 2.10 of appendix C1, which
would be in line with AHAM’s view of
the current test procedure’s intent and
leave open the possibility of alternative
designs for this dishwasher type and
others that may follow. (AHAM, No. 17
at pp. 17–18)
AHAM suggested that DOE should
update the language in section 2.10 of
appendix C1 to remove the following
language proposed in the December
2021 NOPR, ‘‘For compact in-sink
dishwashers with a combination sink
that have neither prewash program nor
a main detergent compartment,
determine the amount of main wash
detergent (in grams) to be added directly
into the washing chamber according to
section 2.10.2 of this appendix’’ and
instead add the phrase, ‘‘or other
location recommended by the
manufacturer’’ following the words
‘‘main wash compartment’’ in the
clause. (Id.)
DOE’s intent with the requirement
specified in the FOTILE waiver as well
as the December 2021 NOPR was to
require that, should the dishwasher not
have a main wash detergent
compartment and the manufacturer does
not specify a location for the placement
of the detergent, the detergent must be
placed directly into the washing
chamber. To clarify this instruction, in
this final rule, DOE is updating the
language in section 2.6 of appendix C1
and the new appendix C2 regarding
placement of the detergent to note that
if no main wash compartment is
provided and no location is
recommended by the manufacturer for
the main wash detergent, the main wash
detergent must be placed directly into
the dishwasher chamber.
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8. Water Meter
Section 3.3 in Appendix C1 specifies
that the water meter must have a
resolution of no larger than 0.1 gallons
and a maximum error no greater than
±1.5 percent of the measured flow rate
for all water temperatures encountered
in the test cycle. These same
requirements are also specified in
section 3.3 of AHAM DW–1–2020, and
DOE did not propose any changes to
these requirements in the December
2021 NOPR.
AHAM commented that the proposed
allowances for resolution and flow rate
error for the water meter are too large
and have the potential to introduce
uncertainty in the measurement,
negatively impacting repeatability and
reproducibility. (AHAM, No. 17 at p. 16)
AHAM stated that manufacturers often
account for this by introducing
additional margin in their per-cycle
water usage. (Id.) AHAM provided an
example that for a dishwasher
approaching the current DOE standard
for water consumption of 5.0 gallons per
cycle, a resolution of 0.1 would
introduce an error of ±2.0 percent,
increasing to ±2.9 percent for
dishwashers at the ENERGY STAR V.
6.0 level of 3.5 gallons per cycle. (Id.)
AHAM explained that adding in a
maximum of ±1.5 percent error of the
measured flow rate, a root mean square
uncertainty calculation would yield a
measurement uncertainty of ±2.5
percent for a unit using 5.0 gallons per
cycle and ±3.3 percent for a unit using
3.5 gallons per cycle. (Id.) Accordingly,
AHAM recommended revising the test
procedure specification for the water
meter to specify a minimum resolution
of 0.01 gallons and a maximum flow
rate measurement error of ±0.5 percent.
AHAM stated that the technology was
widely available to meet these
tolerances and that these specifications
would further enhance repeatability and
reproducibility. (Id.)
As discussed in a final rule to
establish new and amended clothes
washers test procedures, DOE noted that
most, if not all, third-party laboratories
already have water meters with more
precise resolution. 87 FR 33316, 33324–
33325 (June 1, 2022). Additionally, DOE
estimated the cost of a water meter that
provides a resolution of 0.01 gallons,
including associated hardware, to be
around $600 for each device. Id.
However, DOE did not discuss water
meter resolution in the December 2021
NOPR and has not provided
stakeholders an opportunity to provide
feedback on this topic. Therefore, DOE
is not changing the water meter
resolution requirements at this time.
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DOE will consider AHAM’s comment in
a future rulemaking. Additionally, DOE
notes that manufacturers and
laboratories that already have water
meters with a resolution of 0.01 gallons,
could use such water meters when
testing dishwashers according to the
currently applicable appendix C1 as
well as the amended appendix C1 and
new appendix C2.
F. Test Cycle Amendments
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1. Cycle Selections
In the December 2021 NOPR, DOE
proposed to continue using the normal
cycle for dishwasher testing, unless the
normal cycle did not meet a specified
cleaning index threshold at any soilload, in which scenario DOE proposed
that the most energy-intensive cycle be
tested and used for certification
purposes at that soil load (see section
III.H of this document for further detail).
86 FR 72738, 72747. In the December
2021 NOPR, DOE stated that this
alternative approach would better
represent an average use cycle by
capturing those consumers that may
select other cycle types for washing
dishes if the cleaning performance of
the normal cycle did not meet their
expectations, because higher energy use
provides increased thermal and
mechanical action for removing soils,
thus correlating generally with
improved cleaning performance. Id.
DOE also did not propose to add any
additional cycle options to the tested
normal cycle. Id.
Whirlpool commented that since the
normal cycle is still overwhelmingly the
cycle type most used by consumers, the
current test method is already
representative of typical consumer
usage and it would be inappropriate to
possibly mandate that the most energyintensive cycle be used for testing and
certification. (Whirlpool, No. 16 at p. 4)
Whirlpool commented that consumers
consider their dishes/items, soil level,
fullness of the dishwasher, efficiency,
type of soils, past experiences, and cycle
time when considering which cycle
types and options to run. (Whirlpool,
No. 16 at pp. 4–5) Whirlpool also
commented that consumers running a
load of heavily-soiled dishes with hardto-clean soils may be likely to select a
more energy-intensive cycle than the
normal cycle. Whirlpool additionally
commented that it does not recommend
these possible more energy-intensive
cycles to consumers for daily, typical, or
regular use for normally soiled dishes.
(Id.)
DOE proposed in the December 2021
NOPR to maintain the use of the normal
cycle for testing dishwashers. The most
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energy-intensive cycle was proposed
only if the normal cycle did not meet
the proposed cleaning index threshold,
which would indicate that the normal
cycle was not providing a consumeracceptable level of cleaning
performance (i.e., the normal cycle was
not a representative average use cycle).
For such dishwashers, DOE expects that
consumers would use a more energyintensive cycle type, since increased
energy and/or water use would likely
improve cleaning performance.
Therefore, to ensure that the dishwasher
test procedures are reasonably designed
to produce test results which measure
energy use during a representative
average use cycle and are not unduly
burdensome to conduct, in accordance
with EPCA (42 U.S.C. 6293(b)(3)), the
normal cycle must be the cycle type
used for testing, unless it does not meet
the minimum cleaning index threshold
specified in the new appendix C2 at a
particular soil level, in which case the
most energy-intensive cycle shall be
used for testing and certification
purposes.
For the reasons stated above, DOE is
finalizing its proposal, consistent with
the December 2021 NOPR, to maintain
the dishwasher test cycle selections and
cycle options to the tested normal cycle,
except with regard to validating the test
cycle type pursuant to the minimum
cleaning index included in the new
appendix C2. See section III.H of this
final rule for further discussion
regarding cleaning performance.
2. Drying Energy Measurement
Section 5.3 of appendix C1 specifies
a methodology for determining the
‘‘drying energy’’ consumption of a
dishwasher. Dishwashers typically
incorporate technologies to assist with
drying the dishes after completion of the
rinse portion of the cycle. Some
dishwashers use an exposed resistance
heater to heat the air inside the washing
chamber after the final rinse to
evaporate the water from the dishware.
Other dishwasher models, however, do
not use a resistance heater to heat the
air, but instead achieve drying by
raising the temperature of the final rinse
water. The heated rinse water
evaporates more quickly from the dishes
after completion of the rinse portion of
the cycle.
Section 1.14 of appendix C1 defines
‘‘power-dry feature’’ as the introduction
of electrically generated heat into the
washing chamber for the purpose of
improving the drying performance of
the dishwasher. Further, the definition
of ‘‘normal cycle’’ in section 1.12 of
appendix C1 specifically includes the
power-dry feature as part of the normal
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3243
cycle. Section 5.3 of appendix C1
specifies a methodology for calculating
the energy consumed by the power-dry
feature after the termination of the last
rinse option (emphasis added). Half of
this drying energy is subtracted from the
total dishwasher energy calculations of
EAOC and EAEU at 10 CFR 430.23(c)(1)
and (2), respectively.16
Because the application of section 5.3
is limited to drying energy consumed
only after the termination of the last
rinse option, it would not be applicable
to the drying energy use of a dishwasher
that employs heated rinse technology,
since such energy is consumed as part
of the final rinse rather than after the
final rinse. Rather, the energy use
associated with the heated rinse would
be captured as part of the normal cycle
machine energy consumption. As a
result, the energy use associated with
heated rinse drying technology would
be factored into EAOC and EAEU in its
entirety, rather than only by half, as
described for units with conventional
power-dry technology that occurs after
the final rinse.
In the December 2021 NOPR, DOE
summarized comments it received in
response to the August 2019 RFI
regarding the drying energy for a
dishwasher that employs heated rinse.
86 FR 72738, 72747–72748.
Commenters opposed the addition of
cycle options, including a power-dry
option. However, as noted in the
December 2021 NOPR, appendix C1
already requires testing of a power-dry
cycle option, if available. 86 FR 72738,
72748. Accordingly, DOE did not
propose any changes to the
measurement of drying energy to
accommodate units that use heated
rinse to achieve drying. Id. DOE stated
that the current measurement of drying
energy consumption is dependent upon
a clearly identifiable boundary between
the conclusion of the final rinse and the
activation of electrically generated heat
into the washing chamber. Id. For units
that use heated rinse to achieve drying,
DOE initially determined in the
December 2021 NOPR that it would be
burdensome to isolate the energy
specifically attributable to raising the
temperature of the final rinse, since
such energy use would be embedded
within the total energy use measured
during that portion of the cycle; i.e., it
would not be possible to determine the
‘‘drying energy’’ without, for example,
sub-metering the electrical energy use of
the internal water heater. Id. For these
reasons, DOE did not propose any
16 This reflects consumer use of the power-dry
feature for 50 percent (i.e., half) of dishwasher
cycles.
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changes to the existing requirements for
measuring drying energy in the
December 2021 NOPR. Id.
DOE did not receive any comments on
this topic and is maintaining the
existing requirements for measuring
drying energy.
3. Annual Number of Cycles
Section 5.7 of the currently applicable
appendix C1 calculates combined lowpower mode energy consumption,
which factors into the EAEU
calculation, using 215 annual cycles.
DOE established the 215-cycle value in
a final rule published on August 29,
2003, relying on data from several
sources on consumer dishwasher usage
behavior, including the 1997 version of
the Residential Energy Consumption
Survey (‘‘RECS’’), several consumer
dishwasher manufacturers, detergent
manufacturers, energy and consumer
interest groups, independent
researchers, and government agencies.
68 FR 51887, 51889–51890.
In the December 2021 NOPR, DOE
proposed to update the current annual
cycles estimate to reflect more recent
trends in dishwasher usage. 86 FR
72738, 72748. DOE’s analysis of 2015
RECS data indicates annual use of 185
cycles.17 AHAM also specifies a value of
184 cycles per year in AHAM DW–1–
2020 based on industry consensus. DOE
thus proposed in the December 2021
NOPR to amend the current annual
number of cycles estimate from 215 to
184 cycles, through reference to AHAM
DW–1–2020. Id. at 86 FR 72748–72749.
The proposed value closely aligns with
DOE’s analysis of 2015 RECS data. In
the December 2021 NOPR, DOE initially
determined that the 2015 RECS is a
suitable source for updating the annual
number of cycles estimate because (1) it
is the most recent RECS edition
available, (2) RECS is nationally
representative for all U.S. households,
and (3) it provides direct survey data on
the typical number of dishwasher cycles
run by consumers each week, rather
than providing binned response options.
Id. at 86 FR 72749.
The proposal to update the annual
cycle value for calculating EAEU, if
finalized, would change the certified
and reported EAEU values. DOE also
noted in the December 2021 NOPR that
the existing energy conservation
standards are based on the EAEU as
determined under the current test
procedure. Id. As such, DOE noted that
the use of the 184 cycles-per-year value
would be in conjunction with any future
amended energy conservation standards
for dishwashers that account for the
updated annual cycle value.
Accordingly, in the December 2021
NOPR, DOE proposed to specify this
requirement in the new appendix C2. Id.
Manufacturers would be required to use
the results of testing under the new
appendix C2 to determine compliance
with any future amended energy
conservation standards.
DOE requested input on its proposal
to update the estimated number of
annual cycles from 215 to 184 cycles per
year for future calculations of EAEU. Id.
DOE also requested comment on its
approach to propose a new appendix C2
with the updated annual number of
cycles, the use of which would be
required for compliance with any
amended energy conservation
standards. Id.
DOE did not receive any comments on
this topic. DOE notes that RECS 2020
microdata was released in July 2022,
from which DOE estimated that the
number of annual dishwasher cycles
increased to 196.5 cycles per year.18
DOE does not have sufficient
information to determine whether this
value, obtained from surveys of
consumers during the coronavirus-19
pandemic, is representative of overall
average consumer use of dishwashers as
compared to the estimate of 184 cycles
per year proposed in the December 2021
NOPR, due to potentially different usage
patterns of dishwashers by consumers
during the coronavirus-19 pandemic.
Accordingly, DOE is finalizing its
proposal, consistent with the December
2021 NOPR, to update the number of
annual cycles from 215 to 184 cycles per
year for future calculations of EAEU in
the new appendix C2 and to require the
use of the new appendix C2 with the
updated annual number of cycles for
compliance with any amended energy
conservation standards.
G. Energy and Water Consumption Test
Methods
1. Test Load Items
The current test load and test load
items are specified in sections 2.6 and
2.7 of appendix C1. Non-soil-sensing
dishwashers are tested with six serving
pieces plus eight place settings, or six
serving pieces plus the number of place
settings equal to the capacity of the
dishwasher if the latter is less than eight
place settings. Soil-sensing compact and
soil-sensing standard dishwashers are
tested with four place settings and eight
place settings, respectively, along with
six serving pieces each.
In the December 2021 NOPR and in
response to comments received on the
August 2019 RFI, DOE noted that no
data has been presented that would
justify changing the test load items at
that time. 86 FR 72738, 72749. Although
no data was presented regarding the use
of plastic items, DOE stated in the
December 2021 NOPR that it recognizes
that the minimal thermal mass of plastic
test load items would likely result in
little, if any, change to the energy and
water consumption. Id.
DOE stated in the December 2021
NOPR that it observed that some of the
test load items specified in the currently
applicable appendix C1 differ from the
items specified in section 3.4 of AHAM
DW–2–2020, which is also referenced
by section 2.7.1 of AHAM DW–1–2020.
Id. As presented in the December 2021
NOPR, the test load items as stated in
the current appendix C1 and AHAM
DW–2–2020 are shown in Table III.1. Id.
at 86 FR 72749–72750.
TABLE III.1—TEST LOAD ITEMS IN THE CURRENTLY APPLICABLE APPENDIX C1 AND AHAM DW–2–2020
Appendix C1
AHAM DW–2–2020
Item
Company/designation
Dinner Plate .....................
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Bread and Butter Plate ....
Fruit Bowl .........................
Comcor®/
Corning
Corelle® #6003893.
Corning Comcor®/
Corelle® #6003887.
Corning Comcor®/
Corelle® #6003899.
17 In the 2015 RECS, the Energy Information
Administration (‘‘EIA’’) collected the number of
times per week that households used their
dishwasher as point values rather than ranges as
EIA had done in previous surveys. For households
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Description
10 inch Dinner Plate .......
6.75 inch Bread & Butter
10 oz. Dessert Bowl .......
Alternate
Frm 00012
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Size
.........................................
Corelle®
#5256294 .........
10 inch (25.4cm).
Arzberg #8500217100 or
2000–00001–0217–1.
Arzberg #3820513100 ....
Corelle®
#5256286 .........
6.7 inch (17.0cm).
using their dishwashers, multiplying weekly usage
by number of weeks in the year results in annual
usage rates. A weighted average of annual usage
employs the household weight and produces a
nationally weighted annual usage value.
PO 00000
Company/designation
Sfmt 4700
Corelle® #5256297 .........
10 oz. (296mL).
18 2020 RECS Survey Data. Available at:
www.eia.gov/consumption/residential/data/2020/
index.php?view=microdata.
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TABLE III.1—TEST LOAD ITEMS IN THE CURRENTLY APPLICABLE APPENDIX C1 AND AHAM DW–2–2020—Continued
Appendix C1
AHAM DW–2–2020
Item
Company/designation
Cup ..................................
Saucer .............................
Serving Bowl ....................
Platter ..............................
Glass—Iced Tea ..............
Flatware—Knife ...............
Flatware—Dinner Fork ....
Flatware—Salad Fork ......
Flatware—Teaspoon .......
Flatware—Serving Fork ...
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Flatware—Serving Spoon
Description
Alternate
Company/designation
Corning Comcor®/
Corelle® #6014162.
Corning Comcor®/
Corelle® #6010972.
Corning Comcor®/
Corelle® #6003911.
Corning Comcor®/
Corelle® #6011655.
8 oz. Ceramic Cup .........
1 qt. Serving Bowl ..........
Arzberg #1382–00001–
4732.
Arzberg #1382–00001–
4731.
.........................................
Arzberg #1382–00001–
4732.
Arzberg #1382–00001–
4731.
Corelle® #5256304 .........
9.5 inch Oval Platter .......
.........................................
Corelle® #6011655 OR
ALTERNATE Corelle®
#5256290.
Libbey #551HT ...............
Oneida®—Accent
2619KPVF.
Oneida®—Accent
2619FRSF.
Oneida®—Accent
2619FSLF.
Oneida®—Accent
2619STSF.
Oneida®—Flight
2865FCM.
Oneida®—Accent
2619STBF.
.........................................
.........................................
.........................................
WMF—Gastro 0800
12.0803.6047.
WMF—Signum 1900
12.1905.6040.
WMF—Signum 1900
12.1964.6040.
WMF—Signum 1900
12.1910.6040.
WMF—Signum 1900
12.1902.6040.
WMF—Signum 1900
12.1904.6040.
Libbey #551HT ...............
WMF 12.0803.6047.
For the cup, saucer, and flatware
items, the alternate options listed in the
currently applicable appendix C1 are
the primary options specified in AHAM
DW–2–2020. The iced tea glass is the
only item that is the same for both test
procedures. The remaining items
specify Corelle® as the manufacturer for
both appendix C1 and AHAM DW–2–
2020, but these items have new model
numbers in AHAM DW–2–2020. DOE
stated in the December 2021 NOPR that
it understands that the Corelle® model
numbers listed in the currently
applicable appendix C1 are no longer in
production, and the model numbers
listed in AHAM DW–2–2020 are the
newer editions for these out-ofproduction items. Id. at 86 FR 72750.
Additionally, AHAM DW–2–2020
contains an alternative selection only
for the serving platter. For the other test
load items, AHAM DW–2–2020
provides instructions to contact AHAM
for assistance to identify suitable
alternatives.
As illustrated in Table III.1, AHAM
DW–2–2020, which is referenced in
AHAM DW–1–2020, includes newer
model numbers of the test load items as
compared to the currently applicable
appendix C1. Therefore, in the
December 2021 NOPR, DOE proposed to
reference section 2.7.1 of AHAM DW–1–
2020, which specifies that the test load
must be as stated in section 3.4 of
AHAM DW–2–2020. Id. Specifically,
DOE proposed to apply the provisions
of section 3.4 of AHAM DW–2–2020 to
appendices C1 and C2, excluding the
Note accompanying section 3.4
regarding AHAM assistance with
determining alternatives. Id.
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6 inch Saucer .................
.........................................
.........................................
.........................................
.........................................
.........................................
In the December 2021 NOPR, DOE
also proposed to continue including the
test load items specified in the currently
applicable appendix C1 as alternate
options, so that test laboratories can
continue using the existing test load if
they already have these items. Id. This
proposal would be applicable to both
appendix C1 and the new appendix C2.
Pursuant to EPCA requirements, this
approach would not impose an undue
burden, but rather minimize test burden
as it would not require manufacturers
and/or test laboratories to procure new
items if they already have the existing
test load items.
DOE requested comment on
specifying that the test load items be as
specified in AHAM DW–1–2020 (which
references section 3.4 of AHAM DW–2–
2020), while additionally retaining, as
an alternative, the current test load
specifications in appendix C1 and the
new appendix C2. Id.
DOE did not receive any comments on
this topic and is finalizing its proposal,
consistent with the December 2021
NOPR, to specify that the test load items
be as specified in AHAM DW–1–2020
(which references section 3.4 of AHAM
DW–2–2020), while additionally
retaining, as an alternative, the current
test load specifications in appendix C1
and the new appendix C2.
2. Soils
As stated in the December 2021
NOPR, the soil load specified in the
currently applicable appendix C1 has
been developed by DOE to produce a
measure of energy and water use of soilsensing dishwashers in a representative
usage cycle. 86 FR 72738, 72751. DOE
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Size
7 oz. (207mL).
5.5 inch (14.0cm).
1 qt. (950mL).
Oval—9.5 inch by 7.5
inch (24.1cm by
19.1cm). Round—8.5
inch (21.6cm).
12.5 oz.
WMF 12.1905.6040.
WMF 12.1964.6040.
WMF 12.1910.6040.
WMF 12.1902.6040.
WMF 12.1904.6040.
also stated that DOE did not have data
on the operation of a soil-sensing
function that would suggest that a field
use factor to adjust testing results would
be appropriate and therefore, DOE did
not propose a field use factor for
appendix C1 or the proposed new
appendix C2 in the December 2021
NOPR. Id. DOE additionally requested
feedback and data regarding soiling
level and whether there have been
changes to consumers’ pre-rinsing
behavior. Id. DOE also sought
information regarding the impact of
different soil levels on energy and water
use in dishwashers currently on the
market. Id.
Section 2.7.4 of the currently
applicable appendix C1 states that the
soils shall be as specified in section 5.4
of ANSI/AHAM DW–1–2010, except for
the following substitutions:
• Margarine. The margarine shall be
Fleischmann’s Original stick margarine.
• Coffee. The coffee shall be Folgers
Classic Decaf.
Additionally, section 2.7.5 of the
currently applicable appendix C1 states
that soils shall be prepared according to
section 5.5 of ANSI/AHAM DW–1–
2010, with the following additional
specifications:
• Milk. The nonfat dry milk shall be
reconstituted before mixing with the
oatmeal and potatoes. It shall be
reconstituted with water by mixing 2⁄3
cup of nonfat dry milk with 2 cups of
water until well mixed. The
reconstituted milk may be stored for use
over the course of 1 day.
• Instant mashed potatoes. The
potato mixture shall be applied within
30 minutes of preparation.
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• Ground beef. The 1-pound packages
of ground beef shall be stored frozen for
no more than 6 months.
In the December 2021 NOPR, DOE
noted that Table 3 in section 5.4 of
AHAM DW–2–2020 specifies
Fleischmann’sTM Original Stick
margarine and FolgersTM Classic Decaf
coffee, consistent with DOE’s
substitutions in section 2.7.4 of the
currently applicable appendix C1. Id.
These AHAM DW–2–2020 soiling
specifications are also referenced in
section 2.7.4 of AHAM DW–1–2020.
Therefore, in the December 2021 NOPR,
DOE proposed to remove the
substitution for margarine and coffee
from regulatory text in appendix C1 and
apply the soiling requirements in
section 2.7.4 of AHAM DW–1–2020
instead. Id.
Additionally, section 2.7.5 of AHAM
DW–1–2020 includes the additional soil
preparation requirements for milk,
instant mashed potatoes, and ground
beef, which are currently specified in
appendix C1. Therefore, in the
December 2021 NOPR, DOE proposed to
remove the additional soil preparation
specifications from section 2.7.5 in
appendix C1 and apply the
requirements in section 2.7.5 of AHAM
DW–1–2020 instead. Id.
DOE requested comment on its
proposal to remove the soil substitution
and soil preparation requirements from
sections 2.7.4 and 2.7.5 of appendix C1
and apply these same requirements from
AHAM DW–1–2020 instead. Id. DOE
particularly requested data and
information on how the proposed soil
composition would affect energy and
water use in current dishwashers. Id.
Samsung commented that pre-rinsing
drastically increases the water and
energy use beyond what the test
procedure measures today and cited a
Lawrence Berkeley National Laboratory
(‘‘LBNL’’) survey which indicated that
55 percent of consumers pre-rinse
dishes.19 (Samsung, No. 21 at p. 3)
Samsung commented that it believes
the consumer advocacy by dishwasher
manufacturers, consumer advocates,
detergent manufacturers, and the
Environmental Protection Agency to
educate consumers against pre-rinsing
would only be successful if consumers
believe their dishwasher will provide
satisfactory cleaning without prerinsing. (Id.; Samsung, Public Meeting
Transcript, No. 22 at p. 7) To that end,
Samsung recommended that DOE
consider updating soil loads that do not
19 ‘‘Dishwashers in the Residential Sector: A
Survey of Product Characteristics, Usage, and
Consumer Preferences.’’ Section 4.3.2.1. Available
at www.osti.gov/biblio/1827934. Last accessed July
6, 2022.
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assume pre-rinsing by introducing
heavier test soil loads that match the
best practice of scraping foods off the
plates rather than the soil levels one
would find after pre-rinsing dishes with
water. (Id.)
During the December 2021 NOPR
public meeting, the CA IOUs
commented that the soil loads used for
the DOE test procedure should be
representative. The CA IOUs further
commented that the soil loads should be
more representative of scraping
compared to pre-rinsing as it would be
more beneficial from energy and water
savings perspective. (CA IOUs, Public
Meeting Transcript, No. 22 at pp. 43–44)
In written comments, the CA IOUs
commented that the soil loads as
defined by AHAM DW–2–2020 do not
align with the definition of a ‘‘normal
cycle’’ as being recommended for
typical use with a ‘‘full load of normally
soiled dishes,’’ because they do not
believe a normally soiled load of dishes
is at most half soiled (as is implied by
the soil level of ‘‘heavy’’ load in AHAM
DW–2–2020) and the medium and light
soil loads include a majority of clean
dishes. (CA IOUs, No. 19 at p. 2) The CA
IOUs commented that DOE should
therefore consider increasing the
number of tableware that are soiled as
part of the cleaning performance test.
(Id.)
The soil loads specified in the
currently applicable appendix C1,
which are the same as the soil loads
specified in AHAM DW–2–2020, have
been developed by DOE to produce a
measure of energy and water use of soilsensing dishwashers in a representative
usage cycle. While the soils are only
applied to some of the place settings at
each soil load, these soils represent the
total quantities of soils that would enter
a dishwasher for a fully soiled load of
dishes at the various soil levels. DOE
does not have, nor did commenters
submit, any specific information about
the types of soils that would be used to
reflect pre-rinsing, or lack thereof, or the
consumer relevance of such soils.
Absent such data, DOE is finalizing its
proposal, consistent with the December
2021 NOPR, to remove the additional
soil preparation specifications from
section 2.7.5 in appendix C1 and apply
the requirements in section 2.7.5 of
AHAM DW–1–2020 instead. DOE is also
finalizing its proposal, consistent with
the December 2021 NOPR, to remove
the soil substitution and soil
preparation requirements from sections
2.7.4 and 2.7.5 of appendix C1 and
apply these same requirements from
AHAM DW–1–2020 instead. Finally, the
new appendix C2 mirrors the language
in the amended appendix C1.
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3. Loading Pattern
Section 2.6 of the currently applicable
appendix C1 references section 5.8 of
ANSI/AHAM DW–1–2010 for loading
the dishwasher prior to running active
mode tests, which requires loading in
accordance with the manufacturer’s
recommendation.
In the December 2021 NOPR, DOE
recognized that the positioning of soiled
test load items in relation to unsoiled
ones could impact the rate at which
soils are removed from the test load
items, and therefore also impact soil
sensor responses. 86 FR 72738, 72751.
This could lead to variation in energy
and water consumption. Specifying a
loading pattern requirement would
improve the repeatability of the testing
procedure and reproducibility of results
across both individual tests and testing
facilities. AHAM has included the
loading pattern requirements specified
in the ENERGY STAR Cleaning
Performance Test Method in section
2.6.3.4 of AHAM DW–1–2020. These
requirements are applicable to soilsensing dishwashers that are tested with
both clean and soiled place settings. In
the December 2021 NOPR, DOE
proposed to apply these AHAM DW–1–
2020 loading requirements to appendix
C1 and the new appendix C2 to reduce
potential variation in the test procedure.
Id. Additionally, DOE proposed that
these loading requirements would apply
to both soil-sensing and non-soilsensing dishwashers as non-soil-sensing
dishwashers would be required to use
soil loads for testing under the proposed
cleaning index threshold (discussed in
section III.H of this document). Id. DOE
requested input on its proposal to use
the loading requirements specified in
section 2.6.3.4 of AHAM DW–1–2020.
Id.
AHAM commented that DOE had no
data to support that specifying a loading
pattern requirement would improve the
repeatability of the test procedure and
reproducibility of the results, especially
as it pertains to determining the
cleaning performance of dishwashers.
(AHAM, No. 17 at p. 10)
The Joint Commenters stated that they
supported the proposal to include the
loading pattern requirements specified
in AHAM DW–1–2020, explaining that
the current lack of specificity with
regards to loading pattern can impact
repeatability and reproducibility of test
results. (Joint Commenters, No. 18 at pp.
1–2)
The ENERGY STAR Cleaning
Performance Test Method specifies the
same loading pattern that DOE proposed
in the December 2021 NOPR. During
development of the ENERGY STAR
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Cleaning Performance Test Method,
DOE noted that the loading pattern had
minimal effect on cleaning performance;
however, DOE specified loading
patterns that distribute the soils
throughout the dishwasher as evenly as
possible to ensure consistency from test
laboratory to test laboratory.20 In the
absence of any additional data, DOE
maintains that given that the test load
does not include all soiled items (i.e.,
only some of the place settings are
soiled while others are clean), the
placement of the soiled items may
impact soil sensor response or the
cleaning index, especially if a given unit
does not uniformly clean all items
within the wash chamber. Therefore,
specifying the placement of the clean
and soiled items for each test would
ensure that the test is run consistently
each time.
For the reasons stated previously,
DOE is finalizing its proposal,
consistent with the December 2021
NOPR, to use the loading requirements
specified in section 2.6.3.4 of AHAM
DW–1–2020 in appendix C1 and the
new appendix C2.
4. Preconditioning Cycles
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Section 2.9 of the currently applicable
appendix C1 requires manufacturers to
precondition the dishwasher by running
the normal cycle twice with no load
after the testing conditions are
established. The prewash fill water
volume, if any, and the main wash fill
water volume are measured during the
second preconditioning cycle to
calculate the detergent amounts to be
used during the energy and water
consumption tests. The prescribed
procedure ensures an accurate
calculation of detergent dosing, priming
of the water lines and sump area of the
pump, successful sensor calibration,
and machine cleaning without adding
significant test burdens.
In the December 2021 NOPR, DOE did
not propose to modify the requirement
for two preconditioning cycles currently
in appendix C1, and proposed to apply
this requirement to the new appendix
C2.
DOE did not receive any comments on
this topic and is maintaining the
requirement for two preconditioning
cycles currently in appendix C1 and is
applying this requirement to the new
appendix C2.
20 ENERGY STAR® Program Requirements.
Product Specification for Residential Dishwashers.
Draft 1 Test Method for Determining Residential
Dishwasher Cleaning Performance. Rev. Feb.-2012.
www.energystar.gov/sites/default/files/specs//
Draft_1_Test_Method_Dishwasher_Cleaning_
Performance.pdf.
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5. Detergent
Section 2.10 of appendix C1 specifies
using Cascade with the Grease Fighting
Power of Dawn powder as the detergent
formulation. This section also provides
the method to calculate the detergent
quantities to be added to the prewash (if
available) and main wash
compartments, which is based on the
prewash (if available) and main-wash
water volumes, respectively.
The powder detergent currently
specified in appendix C1—Cascade with
the Grease Fighting Power of Dawn—is
no longer commercially available.
Instead, a new powder detergent,
Cascade Complete Powder, which has a
slightly different formulation 21 from
Cascade with the Grease Fighting Power
of Dawn, is now available on the
market. AHAM has updated AHAM
DW–2–2020 to reference this new
detergent for testing purposes. AHAM
DW–1–2020 references AHAM DW–2–
2020 for detergent formulation as well
as dosage.
In addition to a change in the
detergent to be used for testing, both
AHAM DW–1–2020 and AHAM DW–2–
2020 also specify new dosage
requirements in comparison to the
current requirements of appendix C1.22
Section 4.1 of AHAM DW–2–2020
specifies the detergent dosage as 1.8
grams per place setting in the main
compartment of the detergent dispenser
and 1.8 grams per place setting in the
prewash compartment of the detergent
dispenser or other location. Section
2.10.1 of AHAM DW–1–2020 further
specifies to use half the quantity of
detergent that is specified in section 4.1
of AHAM DW–2–2020 for both prewash
and main wash detergent for the energy
and water consumption tests. Prewash
detergent is specified only for those
units if it is recommended by the
manufacturer’s instructions for
conditions that are consistent with the
test procedure. This includes, but is not
limited to, manufacturer instructions
that recommend the use of prewash
detergent for the normal cycle, normally
21 DOE participated in AHAM’s task force for the
development of AHAM DW–1–2020. Stakeholders
mentioned during the AHAM task force calls that
they were informed by the detergent manufacturer
that the only difference between Cascade with the
Grease Fighting Power of Dawn and Cascade
Complete Powder is related to the enzymes used in
the detergent. DOE was not able to verify this
information independently because the ingredient
list for Cascade with the Grease Fighting Power of
Dawn is not available on product packaging (or
online).
22 As discussed, the detergent dosage for the
currently applicable appendix C1 is based on
measurements of the prewash fill water volume, if
any, and the main wash fill water volume measured
during the second preconditioning cycle.
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soiled loads, or for water hardness
between 0 and 85 ppm. Additionally, if
manufacturer instructions lead to the
use of the prewash detergent
requirements, the prewash detergent is
placed as instructed by the
manufacturer or, if no instructions are
provided, the prewash detergent is
placed on the inner door near the
detergent cup.
In the December 2021 NOPR, DOE
presented preliminary data comparing
the energy and water use of four
dishwashers when tested according to
the current detergent and dosing
method and the new detergent and
dosing method. 86 FR 72738, 72752–
72753. In the December 2021 NOPR,
DOE noted that given the small sample
size of only four test units, DOE
believed that additional testing would
be required to determine whether the
observed variation in results is due to
the change in detergent and dosage, or
whether it could be attributed to
unrelated differences in the sensor
response of these soil-sensing
dishwashers, or other factors. Id.
Given the uncertainty about whether
the new detergent and dosing
requirements would impact the energy
and water consumption of dishwashers,
in the December 2021 NOPR, DOE
proposed that both the current detergent
and dosage requirements as well as the
new detergent and new dosage
requirements would be allowable to use
for testing according to appendix C1. Id.
at 86 FR 72753. By maintaining the use
of the current detergent and dosing
requirements, manufacturers would not
be required to re-test currently certified
dishwashers. Because DOE proposed the
detergent type and dosage specifications
in AHAM DW–1–2020 in addition to the
current requirements, this proposal
would not require the re-rating or recertification of dishwashers currently on
the market. Additionally, permitting the
optional use of the detergent and dosing
specifications in AHAM DW–1–2020
would avoid the need for manufacturers
to request test procedure waivers should
the currently required detergent become
unavailable and would harmonize with
current industry practice.
For the new appendix C2, which
would be required at the time
compliance is required with updated
energy and water conservation
standards, DOE proposed in the
December 2021 NOPR to specify only
the new detergent and dosage
requirements from AHAM DW–1–2020.
Id.
The current dosage requirements
specify detergent dosage based on water
volume, which requires distinguishing
the water used in the prewash from the
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water used in the main wash. In the
December 2021 NOPR, DOE stated that
it has observed, and stakeholders have
also expressed, that uncertainty in
differentiating the prewash and mainwash cycles to estimate detergent
dosage could be a potential source of
test variation. Id. As stated, the new
detergent dosage is based on the number
of place settings, rather than
measurement of prewash and mainwash water volumes, potentially
providing more consistent dosing. More
consistent dosing would improve the
repeatability and reproducibility of the
results. Additionally, the new dosage
would reduce test burden, since it
would eliminate the need to identify,
isolate, and calculate the prewash and
main-wash water volumes.
DOE requested comment on its
proposal to adopt in appendix C1 the
new detergent and new dosage
requirements as specified in AHAM
DW–1–2020, while also retaining the
current detergent and dosage
requirements in appendix C1. Id. The
use of either set of detergent
requirements would be allowable for
testing under appendix C1. DOE also
requested comment on the detergent
currently being used by manufacturers
and test laboratories for testing and
certification of dishwashers. Id.
DOE stated that if stakeholder
comments indicate that the currently
specified detergent, Cascade with the
Grease Fighting Power of Dawn, is no
longer being used by manufacturers,
DOE may instead consider including
only the new detergent, Cascade
Complete Powder, and dosage
requirements from AHAM DW–1–2020
in appendix C1, rather than allowing
both the current and new detergent and
dosage requirements. Id. DOE also
welcomed comments and data on the
impact of the new detergent and dosage
on energy and water use. Id.
DOE did not receive any written
comments in response to this topic.
During the December 2021 NOPR public
meeting, Fisher & Paykel noted that
AHAM DW–2–2020 specifies 1.8 grams
of detergent per place setting, but
AHAM DW–1–2020 specifies to use half
of that quantity for the energy and water
consumption tests. Fisher & Paykel
additionally noted that cleaning
performance would also be evaluated
using half the quantity of detergent that
is specified in AHAM DW–2–2020 (the
standard that specifies the cleaning
performance test method). Fisher &
Paykel stated that DOE’s proposal
would require meeting the proposed
cleaning index threshold using only half
as much detergent. (Fisher & Paykel,
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Public Meeting Transcript, No. 22 at p.
56)
DOE notes that while AHAM DW–1–
2020 specifies half the quantity of
detergent compared to AHAM DW–2–
2020, the number of soiled place
settings are also fewer when testing is
conducted according to AHAM DW–1–
2020 compared to AHAM DW–2–2020.
Specifically, AHAM DW–2–2020
requires eight place settings to be soiled
when conducting the test, while
sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of
AHAM DW–1–2020 require four, two,
and one place settings to be soiled for
the heavy, medium, and light soil loads,
respectively. Additionally, DOE’s goal
in specifying the cleaning performance
threshold is to evaluate cleaning
performance on the same cycles that are
used to evaluate energy and water use.
Therefore, DOE believes it is
appropriate to use the same amount of
detergent to evaluate cleaning
performance as is used to determine
energy and water use.
In this final rule, DOE finalizes its
proposal, consistent with the December
2021 NOPR, to adopt in appendix C1
the new detergent and new dosage
requirements as specified in AHAM
DW–1–2020, while also retaining the
current detergent and dosage
requirements in appendix C1.
Additionally, DOE is finalizing its
proposal, consistent with the December
2021 NOPR, to adopt in the new
appendix C2 only the new detergent and
new dosage requirements as specified in
AHAM DW–1–2020.
6. Rinse Aid
Section 2.1 of the currently applicable
appendix C1 requires that testing be
conducted without the use of rinse aid,
and that any rinse aid reservoirs remain
empty for testing. In the December 2021
NOPR, DOE maintained its conclusions
from past rulemakings that the test
procedure should preclude the use of
rinse aid, and that the rinse aid
container should remain empty during
testing. 86 FR 72738, 72754. Adding a
rinse aid requirement would increase
test burden without information
indicating that it would improve the
representativeness of the test results,
and it could potentially cause variation
in test results. For these reasons, DOE
did not propose a rinse aid requirement
in appendix C1 or the new appendix C2,
which is consistent with the
specifications in AHAM DW–1–2020
that DOE proposed to reference in the
December 2021 NOPR. Id.
During the December 2021 NOPR
public meeting, Electrolux questioned if
cleaning performance would be
evaluated for soils only, without
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evaluating spots, streaks, and rack
contact marks, due to the lack of the use
of rinse aid during the energy and water
consumption tests. (Electrolux, Public
Meeting Transcript, No. 22 at p. 19)
AHAM commented that if DOE moves
forward with a cleaning performance
metric, DOE should evaluate either the
use of rinse aid to decrease variation in
scoring or running the energy test
without rinse aid and adjusting the
scoring to only score soils and not spots
or streaks on glassware. (AHAM, No. 17
at p. 15) During the October 2022 ex
parte meeting, AHAM commented that
DOE’s test procedure should not include
the use of rinse aid and the test load
should be score based only on soil
particles, without including scores for
spots or streaks. (AHAM, No. 27 at p.
40)
Whirlpool stated that if DOE finalizes
its proposals to include a minimum
cleaning index requirement, Whirlpool
recommended that rinse aid be a
requirement. Whirlpool explained that
the use of rinse aid improves
repeatability and lowers variation in a
dishwasher performance test, including
making glasses and silverware easier to
accurately score. (Whirlpool, No. 16 at
p. 10; see also Whirlpool, No. 16 at p.
4) Whirlpool also commented that it
would assist DOE in determining the
appropriate amount of rinse aid to
specify in the test procedure.
(Whirlpool, No. 16 at p. 10)
Whirlpool also commented that if
DOE does not finalize the test procedure
with a cleaning index requirement,
Whirlpool maintains its existing
position that rinse aid is not needed in
a test that only assesses energy and
water consumption, since rinse aid does
not impact energy and water use. (Id.)
DOE recognizes that the use of rinse
aid, or lack thereof, can impact the
scoring of spots or streaks on glassware.
Given DOE is not specifying the use of
rinse aid, as discussed in section III.H
of this document, DOE has updated the
cleaning index calculation to score only
soils and not include the scores of spots,
streaks, or rack contact marks on the
glassware because, as noted by
commenters, the lack of use of rinse aid
would impact the scores of spots,
streaks, and rack contact marks.
This final rule does not require the
use of rinse aid in appendix C1 or the
new appendix C2, consistent with the
specifications in AHAM DW–1–2020
and the currently applicable DOE test
procedure.
7. Water Softener Regeneration Cycles
In the October 2012 Final Rule, DOE
adopted a method for measuring the
energy consumed during regeneration
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cycles for water softeners built into
certain residential dishwashers. 77 FR
65942, 65960. The adopted approach
relies on manufacturer-reported values
for the energy and water use for each
regeneration cycle and the number of
annual regeneration cycles. Id. The
current calculations for water softener
regeneration cycles are provided in
sections 5.1.3, 5.4.3, 5.5.1.2, 5.5.2.2,
5.6.1.2, and 5.6.2.2 of appendix C1. In
response to the August 2019 RFI, DOE
did not receive any comment regarding
the energy and water use during water
softener regeneration cycles, and thus
did not propose any changes in the
December 2021 NOPR with regards to
water softener regeneration cycles, aside
from maintaining the associated
definitions and calculations specified in
AHAM DW–1–2020. 86 FR 72738,
72754.
AHAM commented that dishwashers
with built-in water softeners should be
tested in the as-shipped condition,
where the default typically is that the
water softeners are turned off, rather
than tested with the water softener
activated since it does not expect
consumers to use the water softener
function often due to the high
prevalence of home water softeners in
the United States. (AHAM, No. 17 at p.
15) AHAM commented that it does not
believe this will have a statistically
significant impact on energy usage. (Id.)
Whirlpool commented that it supported
AHAM’s position on the technical
issues concerning built-in water softener
dishwashers. (Whirlpool, No. 16 at p. 2)
AHAM has not submitted any data to
support its claim that dishwashers with
water softeners typically have the water
softener turned off. DOE notes that the
current test procedure accounts for the
additional energy and water use
associated with water softener
regeneration cycles as a manufacturerreported value that is added to the
tested values for the calculation of
EAEU, EAOC, and water consumption.
In the June 2011 BSH Corporation
(‘‘BSH’’) Decision and Order, BSH
included a 50-percent deduction in
energy and water based on an estimate
that at least 50 percent of homes already
have a water softening system. 76 FR
38144, 38145. In this Decision and
Order, DOE noted that BSH submitted
no data to support this claim. Id. DOE
further stated that to maintain the same
methodology used in a similar waiver
granted to Whirlpool, DOE was not
including the 50-percent deduction in
its final waiver for BSH. Id. In the
absence of additional data, DOE’s
position remains the same as that stated
in the June 2011 BSH Decision and
Order.
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Accordingly, DOE is finalizing its
proposal, consistent with the December
2021 NOPR, to maintain the associated
definitions and calculations specified in
AHAM DW–1–2020 for water softener
regeneration cycles.
8. Water Re-Use System
On November 1, 2013, DOE published
a Decision and Order (‘‘November 2013
Decision and Order’’) granting
Whirlpool a test procedure waiver
(‘‘Whirlpool waiver’’) for testing
specified basic models equipped with a
‘‘water use system,’’ in which water
from the final rinse cycle is stored for
use in the subsequent cycle, with
periodic draining (‘‘drain out’’) and
cleaning (‘‘clean out’’) events. 78 FR
65629 (Case No. DW–11).23 Whirlpool is
required to test the basic model
specified in the November 2013
Decision and Order using appendix C1,
with the following modifications:
(1) ‘‘Water use system’’ water and energy
consumption shall be accounted for during
dishwasher water and energy measurement
and reporting, subject to the following:
a. For ‘‘drain out’’ events, constant values
of 0.072 gallons per cycle and 2.6 kWh/year
shall be added to values measured by
appendix C1.
b. For ‘‘clean out’’ events, constant values
of 0.071 gallons per cycle and 10.3 kWh/year
shall also be added to values measured by
appendix C1.
c. To calculate the detergent quantity for
testing, a constant value of 0.91 gallons for
the water fill amount shall be used,
representing both saved water fill and house
supply water fill.
d. If a ‘‘drain out’’ or ‘‘clean out’’ event
occurs during testing, any results from that
use of the test procedure shall be
disregarded. Disconnect and reconnect power
to the dishwasher, then restart the test
procedure.
(2) To detect a ‘‘drain out’’ event, measure
the water volume supplied during the first
fill. A cycle shall be considered to have a
‘‘drain out’’ event if the first fill uses
approximately 1 gallon from the water
supply. Without a ‘‘drain out’’ event, the first
fill would use approximately 0.11 gallons
from the water supply.
(3) To detect a ‘‘clean out’’ event, monitor
the temperature of the sump water using an
additional temperature measuring device.
The device shall be placed inside the sump
in an area such that the device will always
be submerged in water and will not interfere
with the operation of the dishwasher. A cycle
shall be considered to have a ‘‘clean out’’
event if the temperature of the sump water
during wash and rinse portions of the cycle
reaches 150 °F. Without a ‘‘clean out’’ event,
the highest sump water temperatures would
reach approximately 140 °F.
78 FR 65629, 65631.
23 All materials regarding the Whirlpool waiver
are available in docket EERE–2013–BT–WAV–0042
at www.regulations.gov.
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Subsequently, AHAM published the
AHAM DW–1–2020 standard, which
includes provisions for testing water reuse system dishwashers. Specifically,
sections 1.3, 1.9, and 1.29 of AHAM
DW–1–2020 include definitions for a
clean out event, drain out event, and
water re-use system dishwasher,
respectively. These definitions are
consistent with those specified in the
November 2013 Decision and Order.
AHAM DW–1–2020 also specifies the
detergent dosing requirements, methods
to measure the energy and water
consumption of water re-use system
dishwashers, including detection of
drain out and clean out events, and
calculations for energy and water
consumption. Sections 2.10.2, 4.1.3,
5.1.4, 5.1.5, 5.4.4, 5.4.5, 5.5.1.3, 5.5.1.4,
5.5.2.3, 5.5.2.4, 5.6.1.3, 5.6.1.4, 5.6.2.3,
and 5.6.2.4 of AHAM DW–1–2020. All
of these requirements are consistent
with the alternate test procedure
specified in the November 2013
Decision and Order granting the waiver
to Whirlpool for water re-use systems,
except for the specified water energy
consumption equations in sections
5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4,
which use an incorrect constant.24
As soon as practicable after the
granting of any waiver, DOE is required
to publish in the Federal Register a
NOPR to amend its regulations so as to
eliminate any need for the continuation
of such waiver. 10 CFR 430.27(l). As
soon thereafter as practicable, DOE will
publish in the Federal Register a final
rule. Id. Since AHAM DW–1–2020
includes the language from the
Whirlpool waiver, in the December 2021
NOPR, DOE proposed to reference these
requirements in appendix C1 and the
new appendix C2, with added
modifications to the equations in
sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and
5.6.2.4 of AHAM DW–1–2020. 86 FR
72738, 72754.
DOE requested comment on its
proposal to reference in appendix C1
and the new appendix C2 the testing
provisions from AHAM DW–1–2020 to
address the Whirlpool waiver for water
re-use system dishwashers. Id.
DOE did not receive any comments on
this topic and is finalizing its proposal,
consistent with the December 2021
NOPR, to reference in appendix C1 and
the new appendix C2 the testing
provisions from AHAM DW–1–2020 to
address the Whirlpool waiver for water
re-use system dishwashers.
24 The equations in the noted sections improperly
use the constant K = specified heat of water in kWh
per gal per °F, instead of C/e, where C = specific
heat of water in Btus per gal per °F, and e = nominal
gas or oil water heater recovery efficiency.
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9. Water Heater Efficiency
Section 5 of appendix C1 specifies the
calculations of derived results from test
measurements, including machine
energy consumption, fan-only mode
energy consumption, drying energy
consumption, water consumption, and
water energy consumption. For water
energy consumption, DOE specifies
different equations based on whether an
electric water heater is used, or a gasheated or oil-heated water heater is
used. For electric water heaters,
appendix C1 assumes a 100 percent
efficiency, 25 while for gas/oil water
heaters, appendix C1 specifies the
calculation assuming a 75 percent
efficiency. DOE did not propose any
changes to this requirement in the
December 2021 NOPR.
The Joint Commenters recommended
that DOE amend assumptions for water
heater efficiencies to better reflect realworld water heater efficiencies, as they
would improve representativeness of
the test procedure and more accurately
reflect the relative contribution of water
heating energy use to the total
dishwasher energy use. (Joint
Commenters, No. 18 at p. 3) The Joint
Commenters stated that the efficiency
assumptions in the test procedure are
higher than those found in the existing
housing stock and underestimate the
energy use associated with water
heating and estimated that the
shipment-weighted efficiencies for new
water heaters are 92 percent for electric
water heaters and 62 percent for gas
water heaters. (Id.)
As discussed in the clothes washer
test procedure final rule published on
June 1, 2022, (See 87 FR 33316, 33355–
33356), based on the values presented,
DOE interprets the Joint Commenters
statement as referring to a value of
uniform energy factor (‘‘UEF’’). DOE
notes that UEF is a measure of efficiency
based in part on a 24-hour simulated
use test that measures both energy use
associated with recovery periods (i.e.,
the energy embedded within each water
draw) and energy losses during the time
in which water is not being withdrawn
from the water heater (i.e., standby
energy losses), and incorporates
simulated household water draw
patterns. In a residential household,
numerous appliances draw hot water
25 Section 5.5 of appendix C1 specifies the
calculations for water energy consumption for
dishwashers using electrically heated water. The
equations specified in this section do not include
a constant for the water heater recovery efficiency
(as specified in section 5.6 for gas or oil-heated
water), which indicates that the calculations for
water energy consumption for dishwashers using
electric water heaters assume a 100-percent water
heater efficiency.
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from the water heater, in addition to
dishwashers. Given the number of
factors not directly related to
dishwasher usage that factor into the
UEF metric, DOE has determined that it
would not be appropriate to use UEF as
the basis for determining an estimate of
water heating energy in the dishwashers
test procedure. The appropriate water
heater efficiency metric to use for
dishwashers is the recovery efficiency,
which represents the ratio of energy
delivered to the water to the energy
content of the fuel consumed by the
water heater. Id. Based on a qualitative
evaluation of the electric and gas water
heater efficiencies in its public
Compliance Certification Management
System (‘‘CCMS’’) database, 26 DOE
determines that the efficiencies listed in
the current dishwasher test procedure
are appropriate. Additionally, DOE did
not discuss water heater efficiencies in
the December 2021 NOPR and has not
provided stakeholders an opportunity to
provide feedback on this topic. DOE
will revisit the Joint Commenters’
comments in a future rulemaking.
Therefore, DOE is not making any
changes to the water heater efficiency in
the dishwasher test procedures at
appendix C1 and the new appendix C2.
H. Cleaning Performance
EPCA requires DOE to establish test
procedures that are reasonably designed
to produce test results that measure
energy efficiency, energy use, water use
(for certain products), or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use, as
determined by the Secretary, and shall
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3)) DOE’s test
procedure for dishwashers identifies the
‘‘normal cycle’’ as the cycle type
representative of consumer use, defines
the term ‘‘normal cycle,’’ and requires
testing using the ‘‘normal cycle.’’
Compliance with the applicable
standards is determined based on the
measured energy and water use of the
‘‘normal cycle.’’ 10 CFR 430.23(c) and
10 CFR 430 subpart B appendix C1. The
‘‘normal cycle’’ is defined as the cycle
type, including washing and drying
temperature options, recommended in
the manufacturer’s instructions for
daily, regular, or typical use to
completely wash a full load of normally
soiled dishes including the power-dry
feature. If no cycle or more than one
cycle is recommended in the
26 U.S. Department of Energy Compliance
Certification Database, available at
www.regulations.doe.gov/certification-data. Last
accessed July 8, 2022.
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manufacturer’s instructions for daily,
regular, or typical use to completely
wash a full load of normally soiled
dishes, the most energy-intensive of
these cycles shall be considered the
normal cycle. In the absence of a
manufacturer recommendation on
washing and drying temperature
options, the highest energy
consumption options must be selected.
Section 1.12 of appendix C1. The
currently applicable test procedure in
appendix C1 does not define what
constitutes ‘‘completely wash[ing]’’ a
full load of normally soiled dishes (i.e.,
the cleaning performance).
For dishwashers, the cleaning
performance at the completion of a
cycle influences how a consumer uses
the product. If the cleanliness of the
dishware after completion of a cleaning
cycle does not meet consumer
expectations, consumers may alter their
use of the dishwasher. For example,
consumers may alter the use of the
product by selecting a different cycle
type that consumes more energy and
water to provide a higher level of
cleaning, operating the selected cycle
type multiple times, or prewashing the
dishware, flatware, and glassware before
loading into the dishwasher to achieve
an acceptable level of cleaning. In the
December 2021 NOPR, DOE
summarized a comment received from
Samsung in response to the August 2019
RFI in which Samsung stated that
consumers unsatisfied with the cleaning
performance of the ‘‘normal cycle’’ may
opt to select a different mode that could
result in increased energy consumption.
(Samsung, No. 9 at p. 3) DOE also
asserted in the December 2021 NOPR
that it is possible that dishwashers exist
on the market that are currently tested
by manufacturers using a ‘‘normal
cycle’’ that does not ‘‘completely wash’’
dishes. 86 FR 72738, 72755.
In general, a consumer-acceptable
level of cleaning performance (i.e., a
representative average use cycle) can be
easier to achieve through the use of
higher amounts of energy and water use
during the dishwasher cycle.27
Conversely, maintaining acceptable
cleaning performance can be more
difficult as energy and water levels are
reduced.28 Improving one aspect of
27 Higher energy use may provide increased
thermal and mechanical action for removing soils.
Similarly, higher water use may provide better
rinsing performance by reducing the amount of soil
re-deposition on the dishware.
28 In the December 2014 NOPR that proposed
amended energy and water use standards for
dishwashers, DOE noted that cleaning performance
could be maintained up to Efficiency Level 3,
which was defined as 234 kWh/year and 3.1 gal/
cycle. 79 FR 76141, 76165 (Dec. 19, 2014). In the
December 2016 Final Determination, DOE
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dishwasher performance, such as
reducing energy and/or water use as a
result of energy conservation standards,
may require a trade-off with one or more
other aspects of performance, such as
cleaning performance. DOE stated in the
December 2021 NOPR that it expects,
however, that consumers maintain the
same expectations of cleaning
performance regardless of the efficiency
of the dishwasher. Id. at 86 FR 72755.
As the dishwasher market continuously
evolves to higher levels of efficiency—
either as a result of mandatory
minimum standards or in response to
voluntary programs such as ENERGY
STAR—it becomes increasingly more
important that DOE ensures that its test
procedure continues to reflect
representative use. As such, the normal
cycle that is used to test the dishwasher
for energy and water performance must
be one that provides a consumeracceptable level of cleaning
performance, even as efficiency
increases.
In order for DOE’s test procedure to
more accurately and fully test
dishwashers during a representative
average use cycle, DOE stated in the
December 2021 NOPR that it believes
that amending the test procedure to
define what constitutes completely
washing a full load of normally soiled
dishes (i.e., the cleaning performance)
will better represent consumer use of
the product. Id. at 86 FR 72755. As
such, in the December 2021 NOPR, DOE
proposed additional direction for
selecting the appropriate test cycle type,
i.e., for determining whether the cycle
‘‘can completely wash a full load of
normally soiled dishes.’’ Id. DOE
proposed to include a cleaning index
methodology and minimum threshold to
validate the selection of the test cycle in
appendix C1 and the new appendix
C2.29 Id.
DOE received several comments on its
proposal to include a cleaning
performance test and minimum cleaning
index threshold as a condition for a
valid test cycle. General comments,
including whether to adopt these
additionally noted that manufacturers generally
indicated that by using all available design options
to improve efficiency, it would likely be able to
maintain performance with a maximum energy
consumption between 250 and 260 kWh/year and
water consumption at 3.1 gal/cycle. 81 FR 90072,
90082.
29 This approach is analogous to the one used for
clothes dryers, in which the DOE test procedure at
appendix D2 defines a threshold dryness level for
automatic cycle termination of clothes dryers as a
condition for the test cycle to be valid. Specifically,
Section 3.3.2 of appendix D2 specifies that if the
final moisture content after completion of the
drying cycle is greater than 2 percent, the test shall
be invalid and a new run shall be conducted using
the highest dryness level setting.
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provisions in the currently applicable
test procedure at appendix C1 or in the
new appendix C2, are summarized in
the following section and topic-specific
comments are addressed in subsequent
sections.
1. General Comments
Samsung, ASAP, the Joint
Commenters, and the CA IOUs
supported the inclusion of a cleaning
performance test method and minimum
cleaning index threshold. (Samsung, No.
21 at p. 2; Public Meeting Transcript,
No. 22 at p. 7; ASAP, Public Meeting
Transcript, No. 22 at pp. 21–22; Joint
Commenters, No. 18 at p. 2; CA IOUs,
Public Meeting Transcript, No. 22 at p.
43; CA IOUs, No. 19 at pp. 1–2) AHAM,
Whirlpool, and GEA opposed the
inclusion of a cleaning performance test
method and minimum cleaning index
threshold. (AHAM, No. 17 at p. 2;
Whirlpool, No. 16 at p. 2; GEA, No. 20
at p. 2)
Samsung commented that it agreed
with DOE’s position that the cleaning
performance requirements would help
define what constitutes completely
washing a full load of normally soiled
dishes (i.e., the cleaning performance),
which would allow the test cycle type
to better represent consumer use of the
product. (Samsung, No. 21 at p. 2) The
CA IOUs commented that they
supported the cleaning performance test
method, stating that it would provide
base-level cleanliness performance
assurances that have the potential to
increase representative use of the
expected ‘‘normal’’ cycle, reduce prerinsing of dishes, and increase the
overall consumer use of dishwashers.
(CA IOUs, No. 19 at pp. 1–2) ASAP
commented that consumers often shift
from the normal cycle to an alternate
cycle type with better cleaning
performance, which would result in
increased energy consumption;
therefore, adopting a minimum cleaning
index threshold would help ensure
representativeness of the normal cycle
and would better meet consumer
expectations of cleaning performance.
(ASAP, Public Meeting Transcript, No.
22 at pp. 21–22) The CA IOUs
commented that it would be helpful to
consumers in their energy and water use
savings by assuring that there is
satisfaction with the normal cycle. (CA
IOUs, Public Meeting Transcript, No. 22
at p. 43) The Joint Commenters stated
that a cleaning performance requirement
will result in tested cycle types that are
more representative of energy and water
consumption during consumer use.
(Joint Commenters, No. 18 at p. 2) DOE
appreciates stakeholder support for the
inclusion of the cleaning index
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3251
threshold and agrees that specifying
such a threshold will ensure that the
rated energy and water consumption of
dishwashers is representative for
completely washing a full load of
normally soiled dishes with a
consumer-acceptable level of cleaning.
AHAM and Whirlpool commented
that should DOE move ahead with a
performance metric in the test
procedure, they urged that compliance
with the cleaning performance
threshold should be required only with
amended standards. (AHAM, No. 17 at
p. 13; AHAM, No. 27 at p. 3; Whirlpool,
No. 16 at p. 4) During the December
2021 NOPR public meeting, AHAM
commented that the inclusion of a
cleaning performance metric would
intrinsically change test results and
sought clarity on why DOE was
including the cleaning performance
metric in appendix C1. (AHAM, Public
Meeting Transcript, No. 22 at p. 33)
During the October 2022 ex parte
meeting, AHAM reiterated its
opposition to include cleaning
performance requirements in appendix
C1, stating that the cleaning
performance would impact measured
efficiency. (AHAM, No. 27 at p. 3)
AHAM commented that DOE could not
produce data on whether including
cleaning performance requirements in
appendix C1 would impact measured
energy or provide any data on why it
made the proposal to include the
performance requirements in appendix
C1, rather than including it in the
proposed new appendix C2 and
applying it when compliance with
possible amended standards is required.
(AHAM, No. 17 at pp. 13–14)
AHAM stated that the requirements
potentially violate the investment and
associated recovery assumptions
underlying the manufacturer impact
analysis that DOE presented in its
preliminary technical support document
on possible amended energy
conservation standards. (Id. at p. 13)
AHAM further commented that, based
on DOE’s data, about 18 percent of
models would need to be tested using
the most energy-intensive cycle 30 and
the response of granting a waiver for
products that fail to meet the cleaning
index threshold on the most energyintensive cycle would completely
diminish the point of the requirement.
(Id.) AHAM also referenced DOE’s test
data from the January 2022 Preliminary
30 As discussed further in section III.H.4 of this
document, DOE proposed in the December 2021
NOPR that if a dishwasher failed to achieve the
minimum cleaning index threshold for a given soil
load on the normal cycle, the unit would be retested at the same soil load using the most energyintensive cycle. 86 FR 72738, 72747, 727560 72759.
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Analysis and stated that most models
currently on the market are at Efficiency
Level (‘‘EL’’) 1 (which is the ENERGY
STAR V. 6.0 level) and at that level, the
majority of products would need to be
re-tested using the most energyintensive cycle for the heavy and/or
medium soil load. AHAM additionally
stated that for the 33 percent of models
in DOE’s data set that would require retesting at the heavy soil load, it is
possible that these products may not
meet the current energy conservation
standards or that some models currently
meeting the ENERGY STAR criteria may
no longer meet the baseline after being
re-tested using the most energyintensive cycle. (Id.)
Whirlpool commented that if DOE’s
proposal for the minimum cleaning
index goes into effect with an amended
appendix C1 test procedure, it would
create a tremendous burden on
manufacturers by potentially requiring
them to re-test all models for
compliance with the minimum cleaning
index requirement and potentially
redesign cycle types to continue to sell
into the U.S. market, all within a 6month window. (Whirlpool, No. 16 at p.
9; Whirlpool, Public Meeting Transcript,
No. 22 at pp. 34–35) Whirlpool
commented that it is impractical and
overly burdensome to require
manufacturers to re-test all their models
in such a short window, particularly
when manufacturers and test
laboratories have other ongoing,
competing laboratory needs. (Whirlpool,
No. 16 at p. 9) Whirlpool stated that
product redesigns are likely to occur as
a result of this cleaning performance
proposal. (Id.) Whirlpool commented
that redesigning a product can take
many months or years and would be a
huge disruption in the market, and due
to the stated flaws in the cleaning index,
it was not even certain whether
redesigning a dishwasher model to be
compliant with the proposed cleaning
index would lead to more consumer
satisfaction. (Id.)
DOE understands from the comments
that manufacturers are identifying basic
models currently on the market that
may require re-testing as a result of the
inclusion of cleaning performance
testing because the basic models may
not meet the cleaning performance
threshold on the normal cycle at all soil
loads. Therefore, although DOE
proposed to include the cleaning
performance threshold in both appendix
C1 and the proposed new appendix C2
in the December 2021 NOPR, DOE is
finalizing these amendments only in the
new appendix C2, which will be
required for use to determine
compliance with amended standards.
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AHAM commented that while it
agreed with DOE that dishwasher
performance is a concern, it could not
support DOE’s proposal to include a
performance metric in the test
procedure without DOE providing data
and information to address the
significant concerns AHAM raised in its
comments. (AHAM, No. 17 at p. 2)
AHAM commented that it agreed that
performance needs to be maintained for
the consumer, but that the cleaning
performance test would drive the
opposite result by forcing manufacturers
to focus on only one aspect of cleaning
performance to the detriment of other
important performance functionalities.
(AHAM, No. 26 at p. 5)
AHAM commented that EPCA
authorizes DOE to develop test
procedures that measure only energy
efficiency, energy use, water use, or
estimated annual operating cost, and
that EPCA does not authorize DOE to
develop test procedures that measure
product performance. (AHAM, No. 17 at
p. 3) AHAM commented that DOE had
not produced sufficient information or
data to show that its proposed cleaning
performance requirement meets EPCA’s
requirements. (AHAM, No. 17 at p. 3)
As discussed, EPCA requires that any
test procedures prescribed or amended
shall be reasonably designed to produce
test results which measure energy
efficiency, energy use, or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use [emphasis
added] and shall not be unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)) As discussed in the
December 2021 NOPR, the cleaning
performance at the completion of a
cycle type influences how a consumer
uses a dishwasher. 86 FR 72738, 72755.
If the cleanliness of the dishware after
completion of a cleaning cycle does not
meet consumer expectations, consumers
may alter their use of the dishwasher.
Id. Indeed, comments received from
Samsung expressed concern that
consumers unsatisfied with the cleaning
performance of the normal cycle may
opt to select a different mode that could
result in increased energy consumption.
Id. As discussed further in section
III.H.3 of this document, DOE notes that
cycle selection data indicates consumer
use of cycle types other than the normal
cycle and LBNL’s survey on dishwasher
characteristics, usages, and consumer
preferences 31 found that that 17 percent
of the respondents ‘‘sometimes’’ re-run
their dishwasher due to inadequate
cleaning. Amending the test procedure
to define what constitutes completely
washing a full load of normally soiled
dishes (i.e., establishing a cleaning
performance threshold) will ensure that
the test procedure produces test results
that measure energy and water use
during a representative average use
cycle or period of use.
AHAM asserted that DOE has not
provided sufficient support for its
proposals, that the proposal to include
a cleaning performance method and to
establish a minimum cleaning index
threshold was not based on data and,
therefore, was arbitrary and capricious
under the Administrative Procedure Act
(‘‘APA’’) 32 and did not meet the
requirements of the Data Quality Act.33
(AHAM, No. 17 at pp. 3, 4–5, 7, 8, 10;
AHAM, No. 26 at p. 4) Similarly, GEA
asserted that EPCA, the APA, and the
Data Quality Act require that DOE’s
regulations be properly supported by
relevant data, but that DOE did not have
relevant data to support its proposed
cleaning metric. GEA argued that the
issue in this rulemaking is not the
quality or sufficiency of the data, or how
the data is interpreted, but the very
existence of the data. (GEA, No. 20 at p.
2)
DOE has met the APA’s requirements,
as DOE has explained in the December
2021 NOPR and throughout this final
rule discussion its justification for
including a cleaning performance
measurement and for establishing a
minimum cleaning index threshold to
define what constitutes completely
washing a full load of normally soiled
dishes. As discussed in detail in the
following sections, DOE has presented
the details of the analysis performed by
DOE, which builds upon comprehensive
investigation and analysis of dishwasher
cleaning performance conducted by
DOE over the course of the development
of the ENERGY STAR Cleaning
Performance Test Method and previous
dishwasher energy conservation
standards rulemakings, and using the
best available data that DOE has to
establish the specific cleaning index
threshold that aligns with consumer
expectations for completely washing a
full load of normally soiled dishes.
AHAM also commented that DOE’s
published data are not transparent and
requested that DOE provide its full data
set including generic model identifiers
to allow commenters to fully evaluate
32 Public
31 ‘‘Dishwashers
in the Residential Sector: A
Survey of Product Characteristics, Usage, and
Consumer Preferences.’’ Section 4.3.2.1. Available
at www.osti.gov/biblio/1827934. Last accessed July
6, 2022.
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Law 79–404 (June 11, 1946).
Law 106–554 (Dec. 21, 2000). AHAM
did not provide any details as to which specific
requirements of the Data Quality Act it believes the
proposals in the December 2021 NOPR did not
satisfy.
33 Public
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DOE’s test data. AHAM asserted that
DOE’s failure to provide that data is not
consistent with the requirements under
the Data Quality Act and other
applicable statutory provisions. (AHAM,
No. 17 at p. 12)
In the December 2021 NOPR, DOE
presented the results of its test data
aggregated to a level appropriate for
determining a cleaning index threshold
that most closely corresponded to
consumer cycle selection data. As
discussed further in section III.H.3 of
this document, DOE presented graphs in
the December 2021 NOPR showing the
total percentage of each of the soil test
cycles that met the threshold at each
potential threshold level among all the
units in the test sample. 86 FR 72738,
72757. This aggregated data informed
the selection of the proposed cleaning
index threshold. Id. Presenting modellevel data would not have provided
insights into the selection of an
appropriate cleaning performance
index. Further, DOE has complied with
DOE’s guidelines for implementing the
Data Quality Act that ensure the quality,
objectivity, utility, and integrity of the
data presented in this document.34
AHAM commented that in order to
establish or amend representative
average use cycles or periods of use,
DOE must have national, statistically
significant, field use data on consumer
use, and that without such data, it is
impossible and inappropriate for DOE to
determine or change the average use
cycle in a test procedure. (AHAM, No.
17 at p. 2) AHAM stated that the current
dishwasher test procedure is based on
consumer use studies, and that changing
the test would require showing that
something has changed with regard to
consumer behavior or that more
accurate consumer use study data are
available. (Id.)
As DOE discussed in the December
2021 NOPR, it has become increasingly
more important that DOE ensure that its
test procedure continues to reflect
representative use as the dishwasher
market continuously evolves to higher
levels of efficiency. 86 FR 72738, 72755.
DOE notes that it did not propose to
change the cycle type used for testing
(i.e., the normal cycle), but rather to
ensure that the cycle type tested as the
normal cycle produces results that are
representative of consumer use. As
discussed in the December 2021 NOPR
and further in section III.H.3 of this
document, DOE determined the
proposed cleaning performance
34 See the discussion of the Data Quality Act in
the December 2021 NOPR. 86 FR 72738, 72767; see
also www.energy.gov/sites/prod/files/cioprod/
documents/finalinfoqualityguidelines03072011.pdf.
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threshold based on confidential
consumer cycle selection data provided
by industry. Id. at 72756. DOE believes
this data to be nationally representative
and based on field use data and/or
consumer survey data. This final rule
also presents an analysis of consumer
usage data based on a survey report
published October 28, 2021, by LBNL,35
which further supports the cleaning
index threshold value defined in this
final rule (see section III.H.3 of this
document).
AHAM also commented that DOE’s
rationale for adopting a minimum
cleaning index threshold did not
establish a direct connection to the
product’s energy use or energy
efficiency; rather, it tied the threshold to
avoiding certain consumer behavior in
cases of what DOE deemed to be
unacceptable performance. (AHAM, No.
17 at p. 4) AHAM asserted that EPCA
does not permit this approach for
incorporating performance criteria. (Id.)
DOE is adopting a minimum cleaning
index threshold to define what
constitutes ‘‘completely wash[ing]’’ a
full load of normally soiled dishes so as
to better represent consumer use of the
product (i.e., to produce test results that
are more representative of an average
consumer use cycle), as discussed in the
December 2021 NOPR. 86 FR 72738,
72755. As discussed in the December
2021 NOPR and summarized earlier in
this section, a consumer-acceptable
level of cleaning performance can be
easier to achieve through the use of
higher amounts of energy and water use
during the dishwasher cycle type (i.e.,
the amount of energy or water use of a
dishwasher can directly affect the level
of cleaning performance). Conversely,
reducing energy and water consumption
may negatively impact cleaning
performance to a level that is not
consumer-acceptable.36
35 ‘‘Dishwashers in the Residential Sector: A
Survey of Product Characteristics, Usage, and
Consumer Preferences.’’ Section 4.3.2.1. Available
at www.osti.gov/biblio/1827934. Last accessed July
6, 2022.
36 During the previous standards rulemaking,
AHAM and a group of its members presented data
from two sets of manufacturer testing: one set
consistent of a modified DOE sensor heavy soil load
tested in dishwashers reprogrammed to match three
energy and water use levels (307 kWh/year and 4.1
gal/cycle, 255 kWh/year and 3.1 gal/cycle, and 234
kWh/year and 3.1 gal/cycle and another set
consisting of two dishwashers that were each
loaded with ten place settings soiled with a
modified ANSI/AHAM DW–1–2010 soil load, with
each dishwasher programmed to match two energy
and water use levels (307 kWh/year and 5.0 gal/
cycle and 234 kWh/year and 3.1 gal/cycle). 81 FR
90072, 90082–90083. Based on the results of these
tests, AHAM commented that any standards at the
lower energy and water consumption levels (i.e.,
234—255 kWh/year and 3.1 gal/cycle) would result
in worse cleaning performance than products that
were then on the market could achieve. Id.
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AHAM commented that it recognized
that unacceptable performance may
drive consumers toward less energy
efficient behavior, but asserted that
there are other ways of ensuring that
performance is maintained for the
consumer that DOE must consider
during the standards development
process. (AHAM, No. 17 at p. 4) DOE
believes AHAM is referring to EPCA’s
criteria for prescribing amended
standards; specifically, that DOE must
consider any lessening of the utility or
performance of the covered products
likely to result from the imposition of
the standard. (42 U.S.C.
6295(o)(2)(B)(i)(IV)) In accordance with
this provision, DOE has explicitly
addressed consumer utility concerns
related to cleaning performance in
previous rulemakings addressing
dishwasher energy conservation
standards, as well as in the January 2022
Preliminary Analysis. (See 77 FR 31918,
31956–31957; 81 FR 90072, 90082–83;
87 FR 3450 37). In each of these
rulemakings, DOE has presented
analysis and findings regarding the
impacts of cleaning performance on the
ability for manufacturers to offer
dishwashers that comply with energy
conservation standards at the
considered efficiency levels. In DOE’s
conclusions regarding the economic
justification of potentially higher
standards, DOE did not establish more
stringent standards that would require
manufacturers to compromise cleaning
performance in order for dishwasher
models to demonstrate compliance,
thereby fulfilling the consideration
required under 42 U.S.C.
6295(o)(2)(B(i)(IV). Id. Although not
necessitated by the current energy
conservation standards, manufacturers
may choose to achieve compliance or
further reductions in energy and water
use through the use of control strategies
and design approaches that reduce
cleaning performance.38
In response to AHAM’s comment that
unacceptable cleaning may drive
consumers toward less efficient
behavior, DOE is ensuring test results
that are representative of an average use
cycle, in accordance with the
requirements of 42 U.S.C.
6295(o)(2)(B(i)(IV) of EPCA, by
establishing a minimum cleaning
performance threshold in the new
appendix C2. Establishing a cleaning
37 See chapter 5 of the Preliminary Technical
Support Document, available at
www.regulations.gov/docket/
EERE=2019=BT=STD=0039.
38 For example, manufacturers may reduce wash
or rinse temperatures and/or reduce fill volumes for
wash or rinse portions of the test cycle without
implementing any additional design options.
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index threshold as part of the new
appendix C2 ensures that energy and
water savings are being realized for
products that comply with any future
new or amended energy conservation
standards for dishwashers.
AHAM commented that DOE’s
proposal, which focuses only on
cleaning performance using a metric
that does not adequately measure or
represent consumer satisfaction, was
more likely to drive negative,
unintended consequences for
consumers relating to overall
dishwasher performance. (AHAM, No.
17 at pp. 4–5) AHAM commented that
cleaning performance is a function of
washing temperature, length of washing
cycle, type and amount of detergent
applied, and mechanics (i.e., power),
such that if DOE wanted to reduce
energy and water use and maintain
cleaning performance, it is likely that
cycle time could reach a level
unacceptable to consumers or that other
elements of performance could be
impacted. (AHAM, No. 17 at p. 5)
AHAM commented not all elements of
wash performance can be altered and
maintain product functionality; for
example, since the water must be warm
enough to activate the detergent and
remove fatty soils, manufacturers have
few options to consider other than
lengthening cycles, reducing drying
performance or eliminating drying
altogether, or increasing the noise level
of the dishwasher to allow for greater
power, in order to maintain cleaning
performance while also meeting more
stringent standards. (Id.)
AHAM further commented that a
performance threshold that addresses
only a single performance attribute is
not consumer relevant because it
ignores the fact that the dishwasher is
a holistic system. AHAM stated that by
requiring energy and water levels and a
cleaning performance level, DOE could
essentially force manufacturers into
designing dishwashers that satisfy
DOE’s test procedure requirements, but
do not satisfy consumers not only on the
factors that are not addressed, but also
with regard to the cleaning performance
itself because, according to AHAM, DOE
had failed to demonstrate that the
cleaning index threshold it had selected
correlated to consumer satisfaction. (Id.)
DOE testing indicates that a wide
range of dishwashers are currently
available on the market that achieve the
proposed cleaning index threshold
(which is equivalent to the cleaning
index threshold finalized in this
document) on each soil load tested as
part of the normal cycle. In particular,
such models are available at the DOE
minimum standard level, the ENERGY
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STAR V. 6.0 standard level, and the
current ENERGY STAR Most Efficient
level (which is also the ENERGY STAR
V. 7.0 level that goes into effect in July
2023). Based on this wide range of
dishwashers currently available on the
market, DOE has concluded that the
finalized cleaning performance
threshold, as discussed in section III.H.3
of this document, will not result in
dishwasher performance that is
unacceptable to consumers or that
would result in detrimental impacts to
other consumer-relevant elements of
performance. Furthermore, the
discussion in section III.H. 3 of this
document demonstrates that the
cleaning index threshold correlates to
consumer satisfaction of dishwasher
performance. DOE expects that this final
rule will have positive effects for
consumers by ensuring that the rated
energy and water use of dishwashers is
based on a test cycle type that
completely washes a full load of
normally soiled dishes.
Whirlpool commented that it
supported positions presented by
AHAM, specifically noting that the
proposal to include a minimum
cleaning performance threshold score
was unsubstantiated and not consumer
relevant. (Whirlpool, No. 16 at p. 2)
Whirlpool commented that it was
pleased to see DOE sought to maintain
performance and consumer satisfaction
of dishwashers, but that the need to do
so should serve as a signal that
standards should not be amended
further. (Whirlpool, No. 16 at p. 3)
As discussed, by establishing a
minimum cleaning performance
threshold in the new appendix C2, DOE
is ensuring test results that are
representative of an average use cycle.
Establishing a cleaning index threshold
as part of the new appendix C2 ensures
that energy and water savings are being
realized for products that comply with
any future new or amended energy
conservation standards for dishwashers.
DOE will evaluate concerns regarding
the impact of new or amended energy
conservation standards on performance
and consumer satisfaction within the
energy conservation standards
rulemaking process.
Whirlpool commented that DOE
should not finalize the dishwasher test
procedure with a minimum cleaning
index threshold given the excessive
burden caused by testing and
potentially redesigning models and
potential certification, verification, and
enforcement risks associated with the
requirement. (Whirlpool, No. 16 at p. 3)
Whirlpool stated that DOE’s approach to
specify a cleaning index threshold as a
way to address consumer satisfaction
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with dishwasher cleaning performance
was misplaced. (Whirlpool, No. 16 at p.
10) Whirlpool stated that the proposed
test procedure is variable, and that it
would lead to enormous manufacturer
burden, competitive harm, and possible
verification failures. (Id.)
In the December 2021 NOPR, DOE
quantified the additional test burden
expected to result from its proposal. 86
FR 72738, 72763–72764. Specifically, in
the NOPR, DOE estimated that the cost
to test a soil-sensing dishwasher to be
approximately $2,330 per basic model
and that for a non-soil-sensing
dishwasher to be approximately $790
per basic model, which included the
cost for the additional 1 hour per soil
load that DOE estimated as the
additional time required to score a load
at the end of the cycle and calculate the
cleaning index. 86 FR 72738, 72763.
Section III.L.1 of document presents
DOE’s finalized estimates of the
expected costs associated with these
amendments. However, while DOE
proposed to include these amendments
in both appendix C1 and the proposed
new appendix C2 in the December 2021
NOPR, DOE now is only including these
amendments in the new appendix C2,
which will reduce the immediate
burden incurred by manufacturers.
Appendix C2 will be required only for
use to determine compliance with any
future new or amended standards for
dishwashers.
As stated, DOE is introducing the
cleaning performance requirement to
ensure the test results are representative
of an average consumer use cycle, but
the cleaning performance requirement is
only being included as part of the new
appendix C2 and will only pertain to
any future new or amended energy
conservation standards for dishwashers.
DOE testing indicates that a wide range
of dishwashers are currently available
on the market that achieve the proposed
cleaning index threshold (which is
equivalent to the cleaning index
threshold finalized in this document) on
each soil load tested as part of the
normal cycle. In particular, such models
are available from multiple
manufacturers at the DOE minimum
standard level, the ENERGY STAR V.
6.0 level, and the current ENERGY
STAR Most Efficient level (which is the
same as the ENERGY STAR V. 7.0 level
that goes into effect in July 2023).
Therefore, DOE has determined that the
cleaning performance threshold will not
introduce competitive harm and that
dishwashers achieving this threshold
are capable of meeting the existing DOE
energy and water conservation
standards (as well as more efficient
performance levels).
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The following sections discuss DOE’s
proposal in the December 2021 NOPR,
additional comments received in
response to the proposals, and DOE’s
response and final requirements for
cleaning performance.
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2. Cleaning Performance Test Method
In the December 2021 NOPR, DOE
proposed to adopt a cleaning
performance test method that would
help determine if a dishwasher, when
tested according to the DOE test
procedure, ‘‘completely washes a
normally soiled load of dishes,’’
according to the representative
consumer use. 86 FR 72738, 72755.
Specifically, DOE proposed to include
the cleaning performance evaluation
setup, procedures, and calculations that
are specified in the ENERGY STAR
Cleaning Performance Test Method,
which references ANSI/AHAM DW–1–
2010, in appendix C1 and the new
appendix C2. Id.
The ENERGY STAR Cleaning
Performance Test Method specifies a
procedure to determine cleaning
performance at the same test loads
described in the DOE test procedure.
For soil-sensing dishwashers, cleaning
performance is evaluated on the same
cycles that are used to determine energy
and water consumption (i.e., the heavy,
medium, and light soil loads). (ENERGY
STAR Cleaning Performance Test
Method section 5.1.B) For non-soilsensing dishwashers, cleaning
performance is evaluated on three
additional cycles at the heavy, medium,
and light soil loads that are run
immediately after the clean-load cycle
that is used to determine energy and
water consumption. (ENERGY STAR
Cleaning Performance Test Method
section 5.1.C) Each test load item is
quantitatively evaluated for cleanliness
under prescribed lighting conditions
referenced from ANSI/AHAM DW–1–
2010. (ENERGY STAR Cleaning
Performance Test Method section 4.B)
Additionally, section 5.2 of the ENERGY
STAR Cleaning Performance Test
Method specifies criteria to score the
load; it references section 5.10 of ANSI/
AHAM DW–1–2010, which specifies the
following requirements:
• Each test load item receives a score
based on the number and size of soil
particles that remain on the item
following the termination of a test cycle
type.
• Glassware items are additionally
evaluated for the number and size of
remaining spots, streaks, and rack
contact marks.
• A score of 0 indicates a completely
clean test load item, and a single test
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load item cannot exceed a cumulative
score of 9.
• The number of test items that
receive each score is counted (i.e.,
number of items in the test load that
receive a score of 0, 1, 2, . . . , 9) and
the weighted average of these counts is
subtracted from 100 to produce a final
cleaning index for the test cycle.
• A score of 100 indicates perfect
cleaning performance.
Accordingly, in the December 2021
NOPR, DOE proposed to include the
requirements specified in sections 4(B),
5.2, and 5.3 of the ENERGY STAR
Cleaning Performance Test Method, as
follows:
Section 4(B) of the ENERGY STAR
Cleaning Performance Test Method
establishes the lighting requirements for
the evaluation room for scoring the test
load, as specified in ANSI/AHAM DW–
1–2010. These same lighting
requirements are also specified in
section 5.10 of AHAM DW–2–2020;
therefore, DOE proposed to reference
section 5.10 of AHAM DW–2–2020 to
specify the lighting requirements for the
evaluation room. 86 FR 72738, 72756.
Section 5.2 of the ENERGY STAR
Cleaning Performance Test Method
establishes the scoring procedure to
evaluate each dishware item in the test
load after completion of the test cycle,
as specified in ANSI/AHAM DW–1–
2010. The scoring method is also
specified in section 5.10.1 of AHAM
DW–2–2020; therefore, DOE proposed to
reference the scoring requirements
specified in AHAM DW–2–2020. Id.
Section 5.3 of the ENERGY STAR
Cleaning Performance Test Method
specifies the equation for calculating a
cleaning index for each test cycle,
which is also specified in section
5.12.3.2 of AHAM DW–2–2020;
therefore, DOE proposed to reference
the calculation of cleaning index for
each test cycle from AHAM DW–2–
2020. Id.
In the December 2021 NOPR, DOE
noted that the calculation to determine
per-cycle cleaning index is based on the
individual score of each item such that
dishware and flatware are scored based
on soil particles, while glassware is
scored based on soil particles as well as
spots, streaks, and rack contact marks.
Id. DOE further noted that AHAM DW–
2–2020 provides two separate equations
for calculating the total cleaning index
for one test run. Id. The equation in
section 5.12.3.1 of AHAM DW–2–2020
specifies a soil-only cleaning index,
which is calculated using the scores of
each test load item (including
glassware) based only on soil particles.
Section 5.12.3.2 of AHAM DW–2–2020
uses the same equation as that in the
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3255
ENERGY STAR Cleaning Performance
Test Method (and ANSI/AHAM DW–1–
2010) and defines the total cleaning
index calculation using the scores of
dishware and flatware based on soil
particles and glassware based on soil
particles as well as spots, streaks, and
rack contact marks. DOE proposed to
reference section 5.12.3.2 of AHAM
DW–2–2020 to calculate the total
cleaning index of a cycle type because
DOE stated that it expects that
consumers would evaluate the
cleanliness of their load items at the
completion of a cycle type. Id. DOE
requested feedback on whether it should
consider referencing section 5.12.3.1 of
AHAM DW–2–2020 instead, which
would calculate the cleaning index
based on soil particles only. Id. DOE
stated that if it were to calculate the
cleaning index using soil particles only,
it would reevaluate the per-cycle
cleaning index threshold value
[discussed further in section III.H.3 of
this document] to reflect this change. Id.
DOE requested stakeholder feedback on
an appropriate threshold to consider. Id.
DOE also requested feedback on the
proposed methodology to test, score,
and calculate a cleaning index to
validate the tested cycle and sought
comment on whether other
methodologies should be considered for
validating the cleaning performance of
the tested cycle. Id.
DOE requested feedback on whether it
should consider referencing section
5.12.3.1 of AHAM DW–2–2020 to
measure cleaning performance, which
would calculate the cleaning index
based on soil particles only. Id. DOE
noted that if it were to calculate
cleaning index using soil particles only,
it would reevaluate the per-cycle
cleaning index threshold value to reflect
this change. Id.
As discussed in section III.G.6 of this
document, stakeholders commented that
if DOE does not specify the use of rinse
aid, the cleaning index should be
calculated based on soil particles only,
without including spots, streaks, or rack
contact marks. (Electrolux, Public
Meeting Transcript, No. 22 at p. 19;
AHAM, No. 17 at p. 15 39) During the
October 2022 ex parte meeting, AHAM
commented that while it supported
calculating cleaning indices based on
soil particles only, it did not support
39 AHAM provided the same recommendation to
DOE during the October 2022 ex parte meeting and
included the meeting materials in an attachment to
its memorandum summarizing the meeting.
Specifically, AHAM’s recommendation regarding
the determination of the cleaning index in the
absence of a specification for the use of rinse aid
may be found in the October 2022 ex parte
memorandum at (AHAM, No. 27 at p. 40).
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raising the cleaning index threshold
score of 65 much or at all as a result of
this change to alleviate some burden
and reduce false findings of
noncompliance. (AHAM, No. 27 at pp.
2–3)
Given that DOE is not specifying the
use of rinse aid in the new appendix C2,
DOE has reevaluated the requirement to
score glassware and calculate the
cleaning index based on soil particles
only, which is discussed in section
III.H.3 of this document. Accordingly,
DOE has updated its reference, in the
new appendix C2, to section 5.10.1.1 of
AHAM DW–2–2020 to score items based
on soil particles and section 5.12.3.1 of
AHAM DW–2–2020 to measure cleaning
performance.
AHAM referenced EPCA’s
requirement that new and amended test
procedures be reasonably designed
[emphasis added] to produce test results
that measure energy efficiency, energy
use, water use, or estimated annual
operating cost of covered products or
equipment during a representative
average use cycle or period of use, while
also not be unduly burdensome to
conduct; and commented that a test
cannot be considered reasonably
designed if it is not accurate, repeatable,
and reproducible. (AHAM, No. 17 at p.
3; AHAM No. 26 at p. 1) AHAM further
stated that the cleaning performance test
was too variable to be used for
mandatory criteria. (AHAM, No. 26 at p.
1) AHAM commented that AHAM DW–
2–2020 was designed for companies to
use in their product development
efforts, and that it was not designed to
be used as a regulatory tool. AHAM
stated that AHAM DW–2–2020 does not
require the same precision in
repeatability and reproducibility as a
mandatory performance threshold does,
and that that the AHAM DW–2–2020
test method does not claim to replicate
consumer interaction with dishwashers,
such as how they load it, how much soil
is on the dishes, how many dishes are
in the dishwasher, the amount and type
of detergent used, whether rinse aid is
used, etc.; rather it was intended to
assess redeposition. (AHAM, No. 17 at
p. 6)
AHAM commented that the proposed
test procedure, which is based on the
ENERGY STAR Cleaning Performance
Test Method (which is based on AHAM
DW–2–2020 and uses DW–2–2020’s
scoring method) continues to be too
variable to be used for mandatory
criteria and referenced comments made
in response to the EPA’s ENERGY STAR
Program. (AHAM, No. 17 at p. 8;
AHAM, Public Meeting Transcript, No.
22 at pp. 29–30)
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AHAM additionally commented that
it conducted round robin testing in 2018
across seven test laboratories on nonsoil-sensing units and determined a
within-laboratory standard deviation of
7.7 points. AHAM commented that
these results indicate that the test is not
sufficiently repeatable or reproducible
to be used as a mandatory regulatory
test procedure. (AHAM, No. 17 at pp. 8–
9) AHAM further claimed that there is
such a high standard deviation of test
runs that it is possible that the same
dishwasher model may pass one test
and fail on another test, even within the
same laboratory. (AHAM, No. 17 at p.
10) Similarly, Whirlpool commented
that due to the extreme variation
between test laboratories, it is likely that
the same model may receive different
scores at different laboratories.
(Whirlpool, No. 16 p. 8) Whirlpool
commented that a dishwasher could
potentially receive a passing score at
one manufacturer’s laboratory, while
another manufacturer’s laboratory may
produce a failing score, leading to
competitive harm between
manufacturers. (Id.) Whirlpool also
stated that there could be a difference of
up to 6 to 8 points in scoring even
among experienced technicians in a
single laboratory, and a single
technician may grade the exact same
item differently between runs.
(Whirlpool, No. 16 at pp. 4, 10)
AHAM commented that results from
round robin testing that it conducted in
2013 are more relevant to DOE’s
proposed test procedure because the
2018 round robin included more soiled
dishes in the load than DOE’s proposed
test procedure. AHAM stated that the
2013 round robin evaluated variation
under the same or very similar
conditions to DOE’s current proposal.
(AHAM, No. 26 at p. 2) AHAM stated
that the 2013 round robin, which was
used to evaluate the ENERGY STAR
performance test and DOE’s proposed
test procedure is based on that, included
two units at six laboratories and each
unit was tested two times by two
technicians. (AHAM, No. 26 at p. 3)
AHAM commented that for a soilsensing unit, the standard deviation was
as high as 6.8 percent, meaning whether
a unit passes or fails DOE’s proposed
criteria depends significantly on who is
doing the grading. (Id.) AHAM further
commented that DOE’s proposed test
procedure focuses only on one aspect of
performance (i.e., cleaning) and ignores
others (i.e., drying effectiveness, cycle
length, and noise), which could frustrate
consumers and drive them away from
dishwasher use, thus increasing energy
and water use. (AHAM, No. 26 at p. 4)
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Whirlpool commented that DOE has
not addressed or resolved these
longstanding issues with repeatability
and reproducibility of the AHAM DW–
2 test method, and stated that AHAM
has documented the huge amount of
variation that exists within a laboratory
and lab-to-lab with this AHAM
performance test. (Whirlpool, No. 16 at
p. 8) Whirlpool and AHAM stated that
DOE has not presented data to
demonstrate the proposed test is
repeatable or reproducible. (Whirlpool,
No. 16 at p. 8; AHAM, No. 17 at p. 10)
AHAM commented that its own data
demonstrated that the test was not
sufficiently repeatable or reproducible
to provide accurate results and that DOE
should not adopt it on this basis alone.
(AHAM, No. 17 at p. 10)
Conversely, Samsung commented that
it supported DOE’s proposal to adopt
the ENERGY STAR Cleaning
Performance Test Method and use of
AHAM DW–2–2020 to determine the
cleaning index for the test cycle.
(Samsung, No. 21 at p. 2) Samsung
stated that this test method is subject to
variability, but that it is the best option
available to measure cleaning
performance, and that the minimum
threshold score level could be set to
accommodate this variability. (Id.)
The CA IOUs commented that
manufacturers were familiar with the
ENERGY STAR Cleaning Performance
Test Method and 117 dishwasher
models across 12 brands meet the
cleaning index of 70 that is required for
all three test loads to qualify for the
ENERGY STAR Most Efficient product
designation. (CA IOUs, No. 19 at p. 2)
Based on an evaluation of currently
available industry standards, DOE
believes the AHAM DW–2–2020
standard is the best standard available
for testing U.S. dishwasher models. To
the extent that industry were to update
its test method to evaluate other aspects
of dishwasher performance, DOE will
consider whether to adopt such
standards for the DOE test procedure.
Additionally, during the development
of the ENERGY STAR Cleaning
Performance Test Method, DOE had
presented data and noted that the ‘‘test
method is reproducible as long as the
unit under test operates consistently.’’ 40
That is, cleaning performance was
generally reflective of the energy and
water used by a soil-sensing
dishwasher; if the turbidity sensor of
soil-sensing dishwashers triggered
40 ENERGY STAR® Residential Dishwasher
Cleaning Performance Draft 2 Test Method
Stakeholder Webinar. October 16, 2012. Page 18.
Available at www.energystar.gov/sites/default/files/
specs//Draft%202%20Test%20Method%20
Dishwasher%20Cleanability%20Webinar_0.pdf.
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different machine responses (i.e., it is
inconsistent) resulting in differing
amounts of water or energy used for test
cycles at a given soil level, there would
be larger associated variation in the
cleaning indices among these cycles.
DOE notes that AHAM’s comment did
not specify key information that would
help DOE evaluate AHAM’s claims. For
instance, with regard to the 2018 roundrobin test data that AHAM provided as
the basis for its conclusion that the
cleaning performance test demonstrates
significant variability in test results,
AHAM did not specify which test
method and cycle type was selected for
testing. Section 5.2 of ANSI/AHAM
DW–1–2010 specifies ten soiled place
settings, while section 5.2 of AHAM
DW–1–2019 and AHAM DW–2–2020
§ 8
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-
specify eight soiled place settings. Using
either test method, the number of soiled
place settings is higher compared to the
DOE test procedure which requires a
maximum of four (out of eight) soiled
place settings for the heavy soil load.
The medium and light soil loads have
two and one soiled place setting,
respectively. It is important to know the
number of soiled place settings because
DOE has observed that variation in the
cleaning index increases as the number
of soiled place settings increase. Figure
III–1 shows the average standard
deviation of the cleaning index at the
heavy, medium, and light soil loads
(depicted as four, two, and one soiled
place setting, respectively) for the
repeatability and reproducibility testing
I
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AHAM testing data
(assuming 8 place
settings as specified in
AHAM DW-2-2020).
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)
4
•
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ro
ill
X
that DOE conducted on non-soil-sensing
dishwashers during development of the
ENERGY STAR Cleaning Performance
Test Method. The figure also shows the
standard deviation reported by AHAM
as part of its round robin testing on nonsoil-sensing dishwashers; for the
purposes of this graph, DOE assumed
that AHAM soiled eight place settings
during round robin testing. As seen in
the graph, the average standard
deviation of the cleaning index tends to
increase as the number of soiled place
settings increase, which indicates that
the expected standard deviation for the
soils specified in the DOE test
procedure would be significantly
smaller than the 7.7 points indicated by
AHAM.
DOE testing data at the light (1 place
setting), medium (2 place settings),
and heavy (4 place settings) soil loads.
~ 5
--
-
1
2
1
3257
0
0
3
4
5
6
7
8
9
Figure III–1 Average Standard
Deviation of the Cleaning Index at
Different Soil Loads, Represented by
the Number of Soiled Place Settings.
DOE also evaluated AHAM’s 2013
round robin data discussed in AHAM’s
late comment. (See AHAM, No. 26 at p.
2) DOE notes that the test procedure in
this final rule specifies additional test
setup and instrumentation requirements
compared to the ENERGY STAR
Cleaning Performance Test Method
(which was the basis for AHAM’s 2013
round robin) to limit variability. These
include specifying a relative humidity
requirement along with relative
humidity measuring device
requirement; explicitly stating the target
temperature at which the test should be
conducted; specifying a new detergent
dosing methodology, which is based on
number of place settings rather than
prewash and main wash fill water
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volumes, and hence, less prone to the
uncertainty associated with
differentiating the prewash and main
wash cycles; and, specifying that
cleaning indices must be calculated
without scoring for spots, streaks, and
rack contact marks on glassware given
that rinse aid is not used during the test.
DOE acknowledges that while
AHAM’s 2013 round robin data shows
that the standard deviation for a soilsensing unit was as high as 6.8, the
average within-laboratory (i.e.,
repeatability) cleaning index standard
deviation was 2.05, while the average
between-laboratories (i.e.,
reproducibility) cleaning index standard
deviation was 3.35. For some of the tests
with high within-laboratory variation
(including the unit that had the highest
standard deviation of 6.8), DOE
observed that the energy or water use
were different between two tests at the
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same laboratory, which also impacted
the cleaning indices. That is, if a unit’s
soil-sensors trigger a different response
to the soil load, which changes the
energy or water use at the same soil
load, then the cleaning index varies
accordingly. DOE also observed that for
all but one test laboratory, the average
difference in cleaning indices between
two technicians for the same test was
1.24. These results indicate that
repeatable and reproducible results for
cleaning performance are already
achievable with currently experienced
laboratory technicians as long as the
sensor response of test units is
consistent. As discussed, the additional
test procedure requirements
incorporated in this final rule would
further limit variability in testing.
AHAM commented that variation in
the proposed performance metric can
only be reduced to a certain point due
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to potential human error (i.e., a human
soils and scores the test load, which
would make the result inherently
subjective). AHAM asserted that while
technician training can help reduce
variation, the training would be
burdensome to conduct and may not
sufficiently reduce variation, especially
lab-to-lab. (AHAM, No. 17 at p.10)
AHAM commented that it is focused on
reproducibility because of the
consequences for units that may pass in
one laboratory and fail in another,
which could lead to non-compliance
and costly fines. (Id.) Similarly,
Whirlpool contends that the
unreasonable variation is due to the
human factor of the test. (Whirlpool, No.
16 at p. 8) During the October 2022 ex
parte meeting, AHAM recommended
that DOE, together with AHAM and
other stakeholders as DOE deems
appropriate or necessary, develop a
process to qualify laboratories to
conduct the DOE test procedure. AHAM
stated that a process for qualifying
laboratories and technicians, would
help accomplish the goal that
technicians are trained and skilled and
laboratories, including manufacturer
laboratories, have a common
understanding for scoring. AHAM stated
that it has a process for qualifying
laboratories as part of its air cleaner
certification program, which has been
successful in reducing variation, which
could be used as a starting point.
(AHAM, No. 27 at pp. 3–4) As it has for
other newly adopted test procedures
(e.g., the conventional cooking tops test
procedure), DOE considers individual
requests for assisting testing laboratories
in gaining familiarity with test conduct.
DOE also notes that many
manufacturers have already gained
experience with soiling and scoring test
loads through participation in the
ENERGY STAR Most Efficient
dishwashers program, which includes a
reporting requirement for cleaning
performance.
AHAM commented that the cleaning
performance test is subject to high
variation and that verification and
enforcement would be virtually
impossible. (AHAM, No. 17 at p. 13)
AHAM commented that if DOE
continues with the proposal to include
a cleaning performance test method, it
should allow for a wide tolerance of
scores to address the subjectivity and
lack of reproducibility of the test. (Id.)
AHAM commented that due to the high
variation in the cleaning performance
test, it would be virtually impossible to
conduct enforcement of cleaning scores
and it is likely that there would be false
findings of both compliance and non-
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compliance with DOE’s proposed
cleaning performance requirements.
(AHAM, No. 26 at p. 4) During the
October 2022 ex parte meeting, AHAM
proposed that DOE’s enforcement policy
should be similar to other products such
as refrigerator/freezers. Specifically,
AHAM commented that if DOE’s test
results are within 14 percent of the
proposed cleaning index threshold of
65, DOE will use the normal cycle for
the assessment/enforcement test.
Otherwise, if the tested score is not
within that range, DOE would follow
the test’s requirements for when the
score of 65 is not achieved. AHAM
stated that its proposal is based on the
data it provided in the comments in
response to the December 2021 NOPR,
wherein AHAM stated that the standard
deviation can be as high as 7 and the 14
percent tolerance represents a 95percent confidence interval defined by
two times the standard deviation.
(AHAM, No. 27 at p. 3) Samsung also
stated that there was precedent for a
minimum performance threshold
requirement for test validity, citing the
threshold dryness level for automatic
termination of clothes dryers as a
condition for a test cycle to be valid.
(Id.) Further, Samsung stated that it
believes that DOE has the authority to
require that valid energy tests must
reflect at least a minimum functionality
and cleaning performance under EPCA
to ensure representativeness of the test
cycle. (Id.)
DOE notes that its specified cleaning
index threshold does not include any
additional tolerance because the
specified value represents a minimum
threshold that DOE’s analysis has
indicated is indicative of a consumeraccepted level of cleaning performance.
This approach is also consistent with
the test procedure for clothes dryers
tested according to appendix D2, which
specifies a threshold dryness level for
automatic cycle termination as a
condition for a valid test cycle. Section
3.3.2 of 10 CFR appendix D2 to subpart
B of part 430.
Regarding AHAM’s reference to
enforcement provisions for refrigerators
and freezers, DOE notes that those
provisions specify tolerances to
determine the validity of certified
refrigerated volumes based on the
average of individual test
measurements. 10 CFR 429.134(b).
Refrigerated volume is the basis for
determining the product class and
corresponding energy conservation
standard for a given basic model of
refrigerator, refrigerator-freezer, or
freezer. Thus, the refrigerated volume
measurement and its associated
tolerance is not analogous to the
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cleaning index threshold established by
this final rule for dishwashers.
GEA commented that any DOE test
procedure must statutorily be repeatable
and reproducible per 42 U.S.C.
6293(b)(3) in EPCA and any test
procedure that fails to satisfy these two
fundamental engineering principles
cannot be said to produce test results
that actually measure energy use as
required by EPCA. (GEA, No. 20 at p. 2)
GEA commented that DOE had not
demonstrated that the cleaning
performance test method meets EPCA’s
requirements. GEA contends that DOE
admitted in the public meeting that it
lacks any data on the reproducibility of
the proposed cleaning metric. GEA
stated that data provided by AHAM and
its members demonstrated poor
reproducibility results for the test
procedure. (Id.) GEA commented that
the lack of data regarding repeatability
and reproducibility undermined the
credibility and effectiveness of any
enforcement action DOE may take. GEA
suggested that if DOE attempts to assert
a penalty for a product that is alleged to
have failed to complete a valid test as
a result of the cleaning performance
metric, the validity of the test procedure
and the validity of the cleaning
performance evaluation will be
challenged. (Id.) Relatedly, Whirlpool
reiterated that it is not acceptable for
DOE to verify and enforce a requirement
with such extreme variation, especially
when there could be a large monetary
penalty for noncompliance for
individual manufacturers. Whirlpool
also noted that the proposal to include
the cleaning performance test and
cleaning index threshold would cause
an enormous disruption to the
marketplace. (Whirlpool, No. 16 at pp.
9–10) GEA commented that AHAM
DW–2–2020 was not designed for and is
not appropriate to be used as a test
procedure for a regulatory enforcement
program. GEA stated that even if AHAM
DW–2–2020 was fully incorporated into
the DOE test procedure, GEA would
oppose the incorporation because the
test was not designed for and does not
provide the low level of variability
which is required for a test used in a
regulatory enforcement program.
Further, GEA explained that AHAM
DW–2–2020 does not contain a
prescriptive threshold. (GEA, No. 20 at
p. 3) Whirlpool claimed that DOE
lacked the adequate justification
necessary to make cleaning performance
a mandatory regulatory performance
requirement and that the proposal
contained unsolved repeatability and
reproducibility issues. (Whirlpool, No.
16 at p. 3)
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As mentioned previously in this
document, DOE’s analysis indicates that
repeatable and reproducible results for
cleaning performance are achievable as
long as the sensor response of test units
is consistent. Additionally, the
amendments to appendix C1, which are
also specified in the new appendix C2,
are intended to further limit variability
in testing. Further, to mitigate the
potential impact to the marketplace,
DOE is specifying cleaning performance
requirements only in the new appendix
C2, which would go into effect only
when compliance is required with any
amended standards.
AHAM commented that DOE’s
proposed metric ignored all
performance aspects other than cleaning
performance and that DOE did not
appear to have made an effort to
determine the consumer relevance of
the other performance attributes that
may be impacted. (AHAM, No. 17 at p.
5) AHAM also commented that DOE had
not addressed how grease and detergent
buildup over time may impact the
proposed minimum cleaning index
threshold. (AHAM, No. 17 at p. 6;
AHAM, Public Meeting Transcript, No.
22 at p. 30) AHAM commented that
DOE’s proposed cleaning performance
test focuses only on whether or not the
soils are removed from the dishware
and not redeposited. AHAM reiterated
its earlier comment that the cleaning
performance test does not address
grease or detergent buildup over time,
stating that this is a significant issue
when consumers pre-rinse because the
detergent has less to attach itself to and,
as a result, there is more soil left on the
dishes when the cycle ends. (AHAM,
No. 26 at p. 5)
DOE agrees with AHAM that the test
procedure proposed in the December
2021 NOPR evaluates the cleaning index
on the basis of soils remaining on the
test load items at the conclusion of the
test cycle, including particles that are
redeposited as well as those that are not
removed in the first place. Regarding
AHAM’s concern that the test procedure
does not account for grease buildup over
time, DOE notes that the cleaning index
threshold was determined based on
analysis of consumer usage of
dishwashers over time, and thus already
factors in the presence of grease buildup
in determining a consumer-accepted
level of cleaning performance.
Accordingly, consistent with the
December 2021 NOPR, DOE is finalizing
in the new appendix C2 its proposal to
test, score, and calculate a cleaning
index to validate the tested dishwasher
cycle type. DOE is referencing AHAM
DW–2–2020 for the lighting
requirements, scoring method, and
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equation for calculating a cleaning
index for each test cycle.
3. Cleaning Index Threshold Value
In the December 2021 NOPR, DOE
proposed to provide direction in the test
procedure as to what constitutes
whether a cycle type under test can
completely wash a full load of normally
soiled dishes by establishing a
minimum cleaning index threshold as a
condition for each individual test cycle
to be valid. 86 FR 72738, 72756. The
threshold is intended to represent a
level of cleaning such that if the
dishwasher did not meet this threshold
after operating in the ‘‘normal cycle,’’
the consumer would be expected to
operate the dishwasher using a more
energy-intensive cycle than the ‘‘normal
cycle.’’ Specifically, DOE proposed that
if the normal cycle at a particular soil
level (i.e., heavy, medium, or light) does
not achieve the defined cleaning index
threshold, that soil level (i.e., heavy,
medium, or light) would need to be retested using the most energy-intensive
cycle (to be determined using the
methodology discussed in section
III.H.4 of this document) that achieves
the defined cleaning index threshold.
Id. The data from the most energyintensive cycle would be used to
represent that soil level in the
downstream calculations.
To determine an appropriate
threshold value, DOE aggregated
confidential consumer cycle selection
data provided by industry for the
December 2021 NOPR and considered
past consumer comments and test data
collected in support of the short cycle
product class rulemaking that was
published on October 30, 2020
(‘‘October 2020 Final Rule’’ See 85 FR
68723).41 Id.
In the December 2021 NOPR, DOE
stated that it understands general
consumer satisfaction as a fundamental
characteristic of a functioning market,
and that consumers are largely satisfied
with the performance of dishwashers
currently on the market. Id. However,
based on comments DOE received from
Samsung in response to the August 2019
RFI as well as qualitative comments that
DOE received during the rulemaking
that culminated in the October 2020
Final Rule, DOE recognized that the
cleaning performance of the normal
cycle may not always meet consumer
expectations of cleaning performance.
(See for example: Toronto, EERE–2018–
BT–STD–0005, No. 2304 at p. 1; Carley,
EERE–2018–BT–STD–0005, No. 2950 at
41 See Dishwasher NODA Test Data (5–21–20),
available at www.regulations.gov/document/
EERE2018-BT-STD-0005-3213.
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3259
p. 1; Bruggeman, EERE–2018–BT–STD–
0005, No. 3038 at p. 1; etc.) Id. at 86 FR
72756–72757. Further, confidential data
submitted by manufacturers indicate, in
the aggregate, that roughly 25 to 45
percent of all dishwasher cycles are
conducted on a cycle type other than
the normal cycle. DOE recognized that
among these other selected cycle types,
some would be expected to be less
energy-intensive than the normal cycle
(e.g., a glassware cycle type), while
others would be expected to be more
energy-intensive than the normal cycle
(e.g., a pots and pans cycle type). Id. at
86 FR 72757. The data provided by
manufacturers do not indicate which
cycle types comprise the percentage of
cycles not conducted on the normal
cycle. In lieu of additional details
regarding the dataset, DOE proceeded
under the assumption that either option
(alternatively selecting a more energyintensive or less energy-intensive cycle)
is equally as likely. Id. Accordingly,
DOE estimated that one-half (i.e., 12 to
23 percent) of cycles not conducted on
the normal cycle are instead conducted
on a cycle that is more energy-intensive
than the normal cycle. Id.
In the December 2021 NOPR, DOE
stated that since it expects that
consumers unsatisfied with the cleaning
performance of the normal cycle would
select alternate cycle types that are more
energy-intensive to achieve better
cleaning results, the cycle selection data
serve as a reasonable proxy for
consumer acceptance of the cleaning
performance of the normal cycle. Id. To
identify an appropriate cleaning index
threshold, DOE sought to select a
cleaning index value that aligned with
the cycle selection data. Id. That is, DOE
sought to identify the cleaning index
value that was achieved between 77 to
88 percent of the time when a
dishwasher was operated on the normal
cycle, indicating that the remaining 12
to 23 percent of the time the cleaning
performance on the normal cycle would
be worse and thus would result in
consumers selecting more energyintensive cycles. Id. DOE evaluated the
cleaning indices measured for the
heavy, medium, and light soil load
cycles as defined in the DOE
dishwasher test procedure, using the
market-representative dishwasher test
sample from the October 2020 Final
Rule.42 Id. Using these data, DOE
plotted the rate at which test cycles
would meet or exceed different cleaning
42 The test sample consisted of 31 units spanning
13 brands. The units selected for testing represented
over 95 percent of dishwasher manufacturers and
were broadly representative of the current
dishwasher market. 85 FR 68723, 68724.
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index values (in increments of 5 on the
Cleaning Index scale). Id.
In determining a threshold, DOE
sought to establish a level that ensures
the tested cycle type produces test
results that measure energy use and
water use of the dishwasher during a
representative average use cycle. Id.
Establishing a threshold level that is
‘‘too high’’ would indicate that a
substantial number of dishwasher cycles
performed by consumers do not meet
consumer expectations for cleaning
performance on the normal cycle, which
would not appropriately reflect general
consumer usage of the normal cycle.
Whereas, establishing a threshold that is
‘‘too low’’ would not appropriately
reflect the percentage of cycles for
which consumers are likely to select a
more energy-intensive cycle to achieve
better cleaning performance than can be
achieved on the normal cycle. DOE used
test data and consumer usage weighting
factors specified in appendix C1 (and
intended to be retained in appendix C1
and specified in the proposed new
appendix C2) for the heavy (0.05),
medium (0.33), and light (0.62) soil
loads to calculate the percentage of
cycles that would not meet the
threshold on the normal cycle. Id. at 86
FR 72758. DOE plotted the percentage of
cycles that would not meet the
threshold on the normal cycle, along
with the range for the percentage of
cycles that would operate on a more
energy-intensive cycle than the normal
cycle as estimated from industry data.
Id. Based on the results of its analysis,
DOE proposed establishing a minimum
cleaning index of 65 as the threshold
level for a test cycle to be valid. Id.
DOE proposed to specify the same
cleaning index threshold value for all
tested soil loads because it did not have
information to suggest that consumer
expectations for the cleaning
performance of the load at the end of the
cycle differ based on the initial soil load
of the dishware. Id. at 86 FR 72759.
DOE requested feedback on the
proposed cleaning index threshold
value of 65 for each test cycle or
whether it should consider a threshold
value of 70 instead. Id.
DOE requested additional data on
consumer dishwasher cycle type
selections. Id. In particular, DOE
requested data indicating the frequency
with which consumers select the normal
cycle; and, for cycles not conducted on
the normal cycle, the frequency with
which a more energy-intensive cycle is
selected. Id.
DOE also requested additional data on
how frequently consumers are
dissatisfied with the cleaning
performance of the normal cycle as well
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as the actions, and the frequency of each
action, that consumers would take if the
load is not satisfactorily clean. Id.
AHAM commented that DOE did not
provide any data or consumer research
to show that a cleaning index of 65 is
consumer relevant or that 65 is the
‘‘tipping point’’ between ‘‘good’’ and
‘‘poor’’ dishwasher performance. AHAM
stated that DOE has not done consumer
research to show that a cleaning index
of 65 reflects consumer expectations of
cleaning performance. (AHAM, No. 17
at p. 6; AHAM, Public Meeting
Transcript, No. 22 at pp. 21–22; AHAM
No. 26 at p. 5) During the December
2021 NOPR public meeting, AHAM
commented that it had provided
comments in the past stating that the
ENERGY STAR Most Efficient cleaning
index threshold of 70 is not based on
any consumer data demonstrating
correlation or satisfaction. (AHAM,
Public Meeting Transcript, No. 22 at pp.
24–25) Further, AHAM commented that
DOE had not presented any consumer
data to demonstrate that its proposed
test and/or threshold are relevant to the
consumer or correlate to consumer
satisfaction. (AHAM, No. 17 at p. 4;
AHAM, No. 26 at p. 5) AHAM
commented that without this data,
DOE’s proposal is arbitrary and
capricious and does not satisfy the Data
Quality Act. (Id.)
Whirlpool stated that DOE did not
justify the development of the cleaning
index with an acceptable level of data
nor demonstrated that a score of 65 will
lead to consumer satisfaction and
prevent consumers from using more
energy- and water-intensive cycles.
(Whirlpool, No. 16 at p. 3) Whirlpool
stated that DOE had not provided any
data or justification to indicate that 65
was the right threshold for a minimum
cleaning index. (Whirlpool, No. 16 at p.
8)
Conversely, the Joint Commenters
stated that a minimum cleaning index
threshold of 65 was reasonable, based
on the data available to DOE. (Joint
Commenters, No. 18 at p. 2) Samsung
commented that it supported DOE’s
proposed cleaning index threshold
value of 65 and the approach DOE took
to determine this value, given that no
known study exists showing direct
correlation between the cleaning index
and customer acceptance. (Samsung,
No. 21 at p. 2) Samsung additionally
commented that DOE’s approach was
substantiated by the 2021 LBNL
survey,43 which indicated 17 percent of
43 ‘‘Dishwashers in the Residential Sector: A
Survey of Product Characteristics, Usage, and
Consumer Preferences.’’ Section 4.3.2.1. Available
at www.osti.gov/biblio/1827934. Last accessed July
6, 2022.
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respondents sometimes re-run their
dishwasher due to inadequate cleaning.
Samsung explained that of the 17
percent of respondents that re-run their
dishwasher ‘‘sometimes,’’ over half, 56
percent, reported that they re-run their
dishwasher between one and three
times per week. (Samsung, No. 21 at pp.
2–3)
AHAM also commented that the only
data that DOE’s proposal is based on is
manufacturer data indicating that 24 to
46 percent of selected cycle types are
not the normal cycle and are instead
done on another cycle type along with
an unproven assumption that the only
reason a consumer might use a cycle
type other than the normal cycle is
because the consumer is not satisfied
with the normal cycle’s performance.
(AHAM, No. 17 at p. 6) AHAM stated
that DOE’s assumption that consumers
select a more energy-intensive cycle 50
percent of the time when they do not
select the normal cycle did not have any
basis. AHAM commented that it does
not agree that cycle selection data serves
as a proxy for consumer acceptance of
normal cycle cleaning performance and
DOE has presented no data upon which
to base the accuracy or reasonableness
of that assumption. AHAM stated that
DOE has no data and without it, DOE’s
proposal did not meet the requirements
of the APA or the Data Quality Act.
(AHAM, No. 17 at p. 7)
Whirlpool reiterated that the
proposed minimum cleaning index is
built on flawed data and contain
numerous layered assumptions.
(Whirlpool, No. 16 at p. 4) Whirlpool
commented that it is a big assumption
that half of the cycle types use more
energy/water than the normal cycle, and
half use less. Whirlpool stated that there
is no justification for such an
assumption, and DOE cannot use
consumer selection of other non-normal
cycles as any proxy for consumer
satisfaction in the normal cycle. (Id.)
Whirlpool commented that the
proposed industry cleaning performance
test would need to correlate strongly
with consumer satisfaction to be
justified, but its data indicate otherwise
and due to the significant variation in
actual consumer usage patterns, there is
doubt over whether such a metric that
accurately represents consumer cleaning
performance satisfaction could ever
exist. (Whirlpool, No. 16 at pp. 7–8)
DOE notes that its goal in establishing
a minimum cleaning index threshold is
to ensure that testing is representative of
consumer use and does not prevent
consumers from using more energyintensive cycles. DOE also notes that
while it may not have data that shows
a direct correlation between various
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3261
cleaning indices and consumer
satisfaction at each respective cleaning
index threshold, DOE evaluated
consumer satisfaction of the cleaning
performance of a dishwasher by
analyzing cleaning performance data
with the frequency at which consumers
are likely to use a more energy-intensive
cycle. DOE proxied the use of more
energy-intensive cycles as
dissatisfaction with performance when
using the normal cycle.44 Based on this
relationship, DOE estimated that
consumers are likely to run a more
energy-intensive cycle between 12 and
23 percent of the time. This estimate is
based on the assumption that consumers
select a more energy-intensive cycle 50
percent of the time when they do not
select the normal cycle. DOE’s estimate
that consumers select a more energyintensive cycle between 12 and 23
percent of the time is further validated
based on results from LBNL’s survey on
dishwasher characteristics, usages, and
consumer preferences.45 The sample
methodology for this survey was
designed to be as reflective of the U.S.
population (in terms of demographics
such as age, income, etc.) of recent
purchasers of dishwashers as possible
(see section 2.4 of the LBNL report). The
LBNL report states that 17 percent of the
respondents indicated that they
‘‘sometimes’’ re-run their dishwasher
due to inadequate cleaning, and DOE
estimates that these cycles represent up
to 75 percent 46 of their weekly
dishwasher cycles. In other words,
consumers on average may re-run their
dishwasher due to inadequate cleaning
up to 13 percent of the time (17 percent
of consumers times 75 percent of usage
cycles). DOE expects the percentage of
cycles that are represented by proxy by
a more energy-intensive cycle to be
somewhat greater than the maximum
reported 13 percent because these
consumers may also take other more
energy-intensive actions besides rerunning the cycle, such as handwashing
or pre-rinsing, for additional weekly
cycles that fail to achieve adequate
cleaning. All of the cycles which fail to
achieve adequate cleaning, including up
to 13 percent of cycles that are re-run
and additional cycles for which
consumers take other more energyintensive actions, are represented in
aggregate by DOE’s estimate of the 12 to
23 percent range.
GEA commented that DOE did not
have any data to support that its
proposed cleaning index threshold of 65
is relevant to consumers or
representative of consumer cleaning
performance satisfaction. (GEA, No. 20
at p. 3) GEA commented that if DOE did
not have any evidence that the cleaning
index threshold is relevant to
consumers, then DOE could not have
confidence that continued performance
is ensured in the face of ever-increasing
energy conservation standards. (Id.)
GEA stated that DOE’s minimum
cleaning index value is arbitrary and is
not connected to consumer preference
as the vast majority of consumers are
satisfied with the performance of their
dishwashers. (Id.) DOE’s analysis of the
available data indicates that a majority
of test cycle types would meet the
proposed cleaning index, aligning with
GEA’s comment that the vast majority of
consumers are satisfied with their
dishwasher cleaning performance.
Whirlpool commented that even with
adequate data that showed that the most
energy-intensive cycle is consumerrepresentative, it does not believe that
DOE could move forward with the
proposal, citing little correlation
between scores from the AHAM DW–2
performance test and actual consumer
satisfaction data. (Whirlpool, No. 16 at
p. 6) Whirlpool cited a study it
conducted in which it charted consumer
satisfaction data gathered with
proprietary algorithms versus AHAM
DW–2–2020 cleaning indices and found
poor correlation between the AHAM
cleaning indices and consumer
satisfaction. (Id. at pp. 6–7) While DOE
appreciates the data provided by
Whirlpool, DOE would require
additional information regarding how
Whirlpool quantified consumer wash
sentiment. Based on the data available
at this time, DOE believes that the
cleaning performance threshold
provides a reasonable proxy for when
consumers are likely to be dissatisfied
with performance on the normal cycle.
Therefore, DOE’s approach and
methodology to determine the
appropriate cleaning index threshold at
which consumers are likely to re-run
their dishwasher cycle is reasonable and
DOE has used this same approach to
determine its cleaning index threshold.
As noted in section III.H.2 of this
document, DOE is specifying that the
cleaning index be calculated using soil
particles only and the scores associated
with spots, streaks, and rack contact
marks on glassware items should be
excluded when calculating the cleaning
index. Accordingly, DOE re-ran its
analysis to calculate cleaning indices for
each tested unit without the scores of
spots, streaks, and rack contact marks
included. This resulted in an increase in
cleaning indices for all units at all
cycles. DOE used these cleaning indices
for each unit and plotted the rate at
which test cycles would meet or exceed
different cleaning index values (in
increments of 5 on the Cleaning Index
scale). Figure III–2 shows the percentage
of each of the soil test cycles that meet
the threshold at each potential threshold
level among all the units in the test
sample. DOE then used these data and
the consumer usage weighting factors
specified in appendix C1 (and the new
appendix C2) for the heavy (0.05),
medium (0.33), and light (0.62) soil
loads to calculate the percentage of
cycles that would not meet the
threshold on the normal cycle. The
percentage of cycles that that would not
meet the threshold on the normal cycle
is shown in Figure III–3, along with the
range for the percentage of cycles that
would operate on a more energyintensive cycle than the normal cycle as
estimated from industry data and
LBNL’s survey data. Based on these
results, DOE observes that a cleaning
index of 70, calculated using only soil
particles and excluding spots, streaks,
and rack contact marks, is equivalent to
the cleaning index threshold of 65 that
it proposed in the December 2021
NOPR. Accordingly, in this final rule,
DOE is finalizing a cleaning index
threshold of 70 in the new appendix C2,
calculated using only soil particles and
excluding spots, streaks, and rack
contact marks.
44 DOE used a similar correlation in the clothes
dryer test procedure at appendix D2, wherein DOE
determined that 5-percent final remaining moisture
content (‘‘RMC’’) of a real-world load is the
maximum consumer-accepted final moisture level,
and implemented a threshold value of final RMC in
the test procedure for clothes dryers with automatic
cycle termination to ensure the tested cycle
produces energy use results that are representative.
Because the test cloth used to test clothes dryers
according to appendix D2 is uniform, for purposes
of repeatability and reproducibility, it dries faster
and more uniformly than a real-world load of
varying weights, composition, and size. Therefore,
DOE specified a 2-percent final RMC threshold for
clothes dryers with automatic cycle termination
when testing with the DOE test cloth as a proxy for
the 5-percent maximum consumer-accepted final
RMC in real-world loads, because testing to 5percent final RMC with the DOE test cloth would
produce energy use results that were too low to
represent actual consumer behavior. 78 FR 49608,
49613–49614.
45 ‘‘Dishwashers in the Residential Sector: A
Survey of Product Characteristics, Usage, and
Consumer Preferences.’’ Section 4.3.2.1. Available
at www.osti.gov/biblio/1827934. Last accessed July
6, 2022.
46 The LBNL report states that, of the respondents
that reported they ‘‘sometimes’’ re-run their
dishwasher, ‘‘over half (56 percent) of respondents
reported that they re-run their dishwasher between
1 and 3 times per week.’’ DOE calculated 184
annual cycles to be 4 cycles per week. If consumers
are re-running their cycles up to 3 times per week,
that would be 75 percent of their total cycles run
(3⁄4 = 0.75).
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ER18JA23.008</GPH>
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Would Not Meet the Threshold on the
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Threshold
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At a cleaning index of 65, the
percentage of test cycles at each soil
level that would achieve the minimum
cleaning index threshold is 97 percent
for lightly soiled loads, 81 percent for
medium soiled loads, and 58 percent for
heavily soiled loads. On a weightedaverage basis, the measured normal test
cycles would reach the threshold
cleaning index of 65 approximately 90
percent of the time (i.e., 10 percent of
cycles would not meet the threshold, as
shown in Figure III–3).47 For
comparison, at a cleaning index of 70,
the percentage of test cycles at each soil
level that would achieve the minimum
cleaning index threshold is 97 percent
for lightly soiled loads, 65 percent for
medium soiled loads, and 58 percent for
heavily soiled loads. On a weightedaverage basis, the measured normal test
cycles would reach the threshold
cleaning index of 70 approximately 84
percent of the time (i.e., 16 percent of
cycles would not meet the threshold, as
shown in Figure III–3). At a cleaning
index of 75, the percentage of test cycles
at each soil level that would achieve the
minimum cleaning index threshold is
94 percent for lightly soiled loads, 52
percent for medium soiled loads, and 45
percent for heavily soiled loads. On a
weighted-average basis, the measured
normal test cycles would reach the
threshold cleaning index of 75
approximately 77 percent of the time
(i.e., 23 percent of cycles would not
meet the threshold, as shown in Figure
III–3). The 16-percent rate—representing
the overall percentage of cycles that
would not meet the threshold on the
normal cycle—at a cleaning index
threshold of 70—would align with
DOE’s estimate of roughly 12 to 23
percent of cycles being operated using a
more energy-intensive cycle than the
normal cycle as well as LBNL’s survey
data, which noted that about 17 percent
of consumers sometimes re-run their
dishwasher due to inadequate cleaning.
On the other hand, at a cleaning index
threshold of 65, only 10 percent of
cycles would be operated using a more
energy-intensive cycle, which falls
outside the 12 to 23 percent range that
DOE has estimated for the percentage of
cycles that are likely to be operated on
a more energy-intensive cycle and at a
cleaning index threshold of 75, 23
percent of cycles would be operated
using a more energy-intensive cycle,
which is exactly at the upper limit of
47 DOE estimates the overall rate as a weighted
average of the rate at each soil load times the
frequency of consumer usage of each soil load; i.e.,
(97 percent lightly soiled × 0.62) + (81 percent ×
0.33) + (58 percent × 0.05) = 90 percent overall rate
that meets a threshold of 65. Therefore, 10 percent
of cycles would not meet the threshold of 65.
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the range estimated by DOE. Therefore,
DOE is establishing a cleaning index of
70 in appendix C2 to determine a valid
test cycle.
4. Validation of the Test Cycle
Similar to the ENERGY STAR
Cleaning Performance Test Method, in
the December 2021 NOPR, DOE
proposed that the cleaning index of the
test cycles be determined for the same
test cycle types required for the energy
and water tests for both soil-sensing and
non-soil-sensing dishwashers. 86 FR
72738, 72759. However, in the
December 2021 NOPR, DOE proposed a
slightly different test method for both
soil-sensing and non-soil-sensing
dishwashers, compared to the ENERGY
STAR Cleaning Performance Test
Method. Specifically, for soil-sensing
dishwashers, DOE proposed that if the
normal cycle did not meet the proposed
cleaning index threshold, it would be
re-run at the most energy-intensive
cycle that could meet the proposed
threshold. DOE also proposed that the
filter should be cleaned prior to testing
the soil level at the most energyintensive cycle. For non-soil-sensing
dishwashers, DOE proposed in the
December 2021 NOPR that these
dishwashers be tested using the heavy
soil load (as opposed to the clean test
load). If the dishwasher met the
proposed cleaning index threshold
using the heavy soil load, no additional
tests were proposed. If the dishwasher
did not meet the proposed cleaning
index threshold using the heavy soil
load, DOE proposed that the unit be
tested using the most energy-intensive
cycle that met the proposed threshold as
well as the medium soil load using the
normal cycle. This process would be
repeated for the light soil load, if the
medium soil load did not meet the
proposed threshold. Additionally, for
compact dishwashers with less than
four place settings, DOE proposed the
number of place settings that should be
soiled at the heavy, medium, and light
soil loads. Id. DOE also presented
alternate approaches to re-testing at the
most energy intensive cycle, such as
applying an ‘‘adder’’ or multiplicative
factor to the energy and water
consumption values for any test cycles
that do not achieve the defined cleaning
index threshold. Id.
Based on this proposal, DOE sought
comments on several topics in the
December 2021 NOPR including its
proposed approach for soil-sensing
dishwashers, non-soil-sensing
dishwashers, and compact dishwashers,
cleaning the filter prior to testing at the
most energy intensive cycle, and other
potential methods to validate that the
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3263
measured dishwasher energy and water
consumption is representative of
consumer use. Id. DOE also requested
comments and data on cycle types that
would be selected under the proposed
test procedure, and the extent to which
manufacturers would need to redefine
the normal cycle to meet the proposed
cleaning index threshold or if the
proposal would result in an altered
measured energy use for dishwashers
that are currently minimally compliant.
Id.
AHAM commented that it analyzed
the notice of data availability (‘‘NODA’’)
data published by DOE and found that
over a third of products would need to
re-test the heavy soil level on the most
energy-intensive cycle, and for products
at the ENERGY STAR V. 6.0 level,
which is a significant number of
models, 73 percent of models would
need to re-test on the most energyintensive cycle for the heavy soil load
and 60 percent would need to re-test for
the medium soil load. AHAM
commented that it assumed 1 sigma for
test variation (i.e., 7 points) based on the
test variation determined by AHAM and
discussed elsewhere in this document.
(AHAM, No. 17 at pp. 11–12) AHAM
further stated that it could be possible
that some of the current ENERGY STAR
V. 6.0 certified units may not even meet
the DOE maximum energy consumption
standard when re-tested at the most
energy-intensive cycle. (AHAM, No. 17
at p. 14)
GEA referenced data provided in
AHAM’s comments to state that at least
75 percent of the units currently at EL
1 would not be able to meet DOE’s
proposed cleaning index threshold, and
at least 30 percent of dishwashers
meeting the current DOE minimum
standard would fail to complete the
four-place setting test (i.e., the heavy
soil load) at a cleaning index threshold
of 65. (GEA, No. 20 at p. 3)
DOE notes that when estimating the
number of cycles that would need to be
retested on the most energy-intensive
cycle, AHAM and GEA’s analysis for the
number of dishwashers in DOE’s test
sample not meeting the cleaning index
threshold proposed in the December
2021 NOPR includes cycles that scored
within 1 sigma higher than the proposed
cleaning index threshold of 65 along
with those that scored below 65. That is,
cycles that met or exceeded the
proposed cleaning index threshold, but
scored less than 65 + 1 sigma, were
included in the count of cycles that
would need to be retested. However, as
discussed in section III.H.2 of this
document, DOE did not propose, nor is
it specifying in this final rule, a
tolerance on the cleaning index value.
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Including cycles that scored within 1
sigma higher than the proposed cleaning
index threshold of 65 in the count of
cycles that would need to be retested
because they did not meet the threshold
value inaccurately represents the data
presented by DOE in the December 2021
NOPR. DOE also notes that, while its
data show some test cycles that did not
meet the specified cleaning index
threshold, it determined that the
percentage of such cycles, when
weighted by the prevalence of
consumers choosing each soil load as
represented by the weighting factors in
appendix C1 and the new appendix C2,
is equivalent to the percentage of
estimated cycles that are re-run or run
by consumers at a more energyintensive cycle. For the cycles that
cannot meet the specified cleaning
index threshold, DOE understands that
these cycle types likely cannot
‘‘completely wash a full load of
normally soiled dishes,’’ i.e., the cycle
type(s) are not representative of average
consumer use and, therefore, it would
not be appropriate to test these cycle
types to represent energy and water
consumption. DOE also notes that many
manufacturers are already evaluating
the cleaning performance of their
dishwasher basic models to meet the
ENERGY STAR Most Efficient
requirements.
AHAM commented that EPCA does
not contemplate or require test
procedures to measure every possible
cycle, combination of options, or use
pattern, but requires test procedures
measure only a ‘‘representative average
use cycle or period of use.’’ (42 U.S.C.
6293(b)(3)) (AHAM, No. 17 at p. 2) DOE
agrees and notes that the inclusion of
the cleaning performance test will not
require testing of every possible cycle.
Instead, it will ensure that
representations made using the test
procedure are representative of average
consumer use, as required by EPCA.
During the December 2021 NOPR
public meeting, AHAM questioned if
DOE had any data to show that
consumers would select a more energyintensive cycle because they are not
satisfied with cleaning performance.
AHAM commented that consumers
could select a more energy-intensive
cycle for other reasons (e.g., they want
to wash pots and pans). (AHAM, Public
Meeting Transcript, No. 22 at p. 23)
AHAM commented that manufacturers
provide other cycle types on the
dishwasher to address specific
consumer needs, so consumers may
select cycle types other than the normal
cycle for reasons other than
dissatisfaction with normal cycle
cleaning performance. (AHAM, No. 17
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at p. 7) AHAM questioned whether a
dishwasher model could be sold or
certified if it does not meet the cleaning
index threshold on the most energyintensive cycle. (AHAM, Public Meeting
Transcript, No. 22 at p. 39) During the
October 2022 ex parte meeting, AHAM
commented that the ‘‘most’’ energyintensive cycle will almost never meet
the proposed standards because it will
likely be one that uses high heat to
provide specific consumer utility such
as, for example, sanitization or cleaning
of pots and pans. (AHAM, No. 27 at p.
2) Instead, AHAM recommended that
the test procedure be set up such that if
the tested cycle type does not meet the
cleaning index threshold requirement, it
is tested at the ‘‘next more’’ energyintensive cycle type that meets the
cleaning performance threshold. AHAM
acknowledged that this approach would
not decrease test burden, but noted that
this approach would not have the
unintended consequence of eliminating
cycle types that rely on high heat to
provide consumer utility. AHAM stated
that this approach would allow
manufacturers to provide consumers
with incremental levels of energy and
cleanliness. (Id.)
During the December 2021 NOPR
public meeting, Whirlpool questioned if
there were any data to indicate that the
most energy-intensive cycles are for
daily, regular, typical use to completely
wash a full load of normally soiled
dishes. (Whirlpool, Public Meeting
Transcript, No. 22 at p. 18) Whirlpool
commented that while its products all
have a normal cycle intended for daily,
regular, or typical use to completely
wash a full load of normally soiled
dishes, consumers may have specialty
cycle type needs or use cases for
dishwashers beyond daily, regular, or
typical use for normally soiled dishes.
(Whirlpool, No. 16 at p. 4) Whirlpool
claimed that manufacturers may make
non-normal cycle types more efficient in
case they are tested as the most energyintensive in the event that a dishwasher
does not meet the cleaning index
threshold. (Whirlpool, No. 16 at p. 9)
Whirlpool commented that these cycle
types provide specialty purposes for
consumers and are not recommended
for daily, typical, or regular use to
completely wash a full load of normally
soiled dishes. (Id.) Whirlpool
commented that consumers would
accept higher energy and water
consumption to clean hard to remove
soils on pots and pans. (Id.) Whirlpool
commented that if manufacturers
redesign cycle types to be more
efficient, consumers may not get the
performance that they desire and may
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resort to other more energy-intensive
options to compensate for worse
performance, such as handwashing
items that may have been previously
washing in the dishwasher, using cycle
options that increase energy and/or
water consumption, running the
dishwasher multiple times, etc., which
could lead to lost energy savings. (Id.)
DOE notes that the inclusion of the
cleaning performance test and minimum
cleaning index threshold is to ensure
that the tested cycle type is
representative of average consumer use.
To the extent that the normal cycle can
meet the specified cleaning index
threshold, it would be representative of
average consumer use and testing would
not be required on any additional
cycles. However, if the normal cycle
cannot meet the specified cleaning
index threshold, this cycle is likely not
representative of average consumer use
and consumers would likely use a more
energy-intensive cycle to achieve their
desired cleaning performance as
cleaning performance is expected to
improve with increased energy and
water use. As noted previously, this
aligns with survey data presented by
LBNL in its report, wherein 17 percent
of consumers stated they sometimes rerun their dishwasher due to inadequate
cleaning. To the extent that
manufacturers design the normal cycle
to be representative of average consumer
use with respect to cleaning
performance, additional cycle types
provided for specialty reasons would
continue to be non-regulated and would
not be considered in the measurement
of energy and water consumption.
Additionally, DOE’s requirement that
the most energy-intensive cycle be
selected for testing, rather than a more
energy-intensive cycle that meets the
cleaning index threshold, aligns with
the definition of normal cycle, which
specifies, in part, that if no cycle or
more than one cycle is recommended
for daily, regular, or typical use to
completely wash a full load of normally
soiled dishes, the most energy-intensive
cycle is considered the normal cycle.
Section 1.12 of appendix C1. This
requirement also harmonizes with the
approach DOE has taken for other test
procedures in which a threshold level
for validity is defined (e.g., the dryness
level setting for clothes dryers with
automatic cycle termination in the DOE
clothes dryer test procedure at appendix
D2, wherein if the final moisture
content after completion of the drying
cycle is greater than 2 percent, the test
is considered invalid and a new run is
conducted using the highest dryness
level setting.) Section 3.3.2 of 10 CFR
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appendix D2 to subpart B of part 430.
Further, given that the dishwasher
cleaning performance requirement is
included only in appendix C2, which
will not go into effect until the
compliance date of any future amended
energy conservation standards,
manufacturers will have sufficient time
to redesign the normal cycle, if needed,
to ensure it meets the specified cleaning
index threshold and avoid the need for
additional testing with the most energyintensive cycle.
AHAM commented that even if
consumers were equally likely to select
a more energy-intensive cycle as they
were to select a less energy-intensive
cycle, the decision to measure cleaning
performance on the most energyintensive cycle was still unjustified
because there is no evidence that if a
consumer selects a more energyintensive cycle to achieve better
performance that they would most often
or always use that single cycle to get
better performance. (AHAM, No. 17 at p.
7)
Whirlpool commented that there are
many different potential responses if a
consumer was not satisfied with
cleaning performance of the dishwasher,
including handwashing and prerinsing
more, using more or different detergent,
high temperature wash and rinse
options, running the dishwasher twice,
or selecting a different cycle type, and
DOE ultimately did not present any data
to show that consumers would most
likely turn to the most energy-intensive
cycle if they are unsatisfied with the
performance of their dishwasher.
(Whirlpool, No. 16 at p. 6)
DOE does not disagree that consumers
that are dissatisfied with the cleaning
performance of their dishwasher on the
normal cycle may turn to other
behaviors that improve cleaning of the
dishware, including the example
behaviors described by Whirlpool.
Indeed, as noted in the LBNL report, 55
percent of respondents indicated that
they typically pre-rinse dishes before
loading them in the dishwasher.48 In the
event a dishwasher is unable to
adequately clean a load of dishes on the
normal cycle, DOE expects consumers
to take one or more energy-intensive
actions since using more water or
energy would generally help improve
dishwasher cleaning performance,
consistent with Whirlpool’s comment:
pre-washing; hand-washing dishes
following a normal cycle; re-washing
dishes on a normal cycle; re-washing
48 ‘‘Dishwashers in the Residential Sector: A
Survey of Product Characteristics, Usage, and
Consumer Preferences.’’ Section 4.3.2.1. Available
at www.osti.gov/biblio/1827934. Last accessed July
6, 2022.
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dishes on a more-intensive cycle. DOE
lacks data adequate to predict exactly
how many consumers will elect one or
more of those energy-intensive actions.
In the absence of such data, DOE
believes that testing on the most energyintensive cycle provides the best
available heuristic for the behavior of a
consumer dissatisfied by the cleaning
performance on the normal cycle.
When promulgating dishwasher test
procedures, DOE must comport with the
EPCA requirement that the test
procedures produce measures of energy
and water consumption representative
of an average use cycle or period of use
and not be unduly burdensome to
conduct. DOE concludes that, given the
array of possible alternative consumer
behaviors when a dishwasher does not
achieve acceptable cleaning
performance, testing that soil load just
once more on the most energy-intensive
cycle is the most representative, least
burdensome proxy that accounts for the
additional energy and water
consumption that would be incurred.
AHAM commented that DOE had
failed to adequately consider what
happens if a product fails to meet a
cleaning index score of 65 on a test
cycle, if scores are to be averaged to
meet the 65 threshold, and if so, how
many test cycles can be averaged in that
process. AHAM recommended that DOE
should not proceed with its proposal to
include a performance metric until it
has addressed these concerns. (AHAM,
No. 17 at pp. 12–13) During the October
2022 ex-parte meeting, AHAM
recommended that DOE should use the
average cleaning index of each soil level
across all tested units. (AHAM, No. 27
at p. 2) AHAM commented that this is
the method used by the ENERGY STAR
Program and it is a better method
because it would recognize that there is
significant test variation. (Id.)
Regarding AHAM’s comment that
DOE failed to adequately consider what
happens if a product fails to meet a
cleaning index score of 65 on a test
cycle, DOE explicitly described in the
December 2021 NOPR the implications
if a product fails to meet a cleaning
index score of 65. Specifically, DOE
explained that if a test cycle at a
particular soil level does not achieve the
defined cleaning index threshold, that
soil level would need to be re-tested
using the most energy-intensive cycle
that achieves a cleaning index threshold
of 65 or greater. 86 FR 72738, 72759. For
the soil level under consideration, the
test results from the most energyintensive valid cycle that achieves a
cleaning index threshold of 65 or greater
would be used in the calculation of
EAOC, EAEU, and per-cycle water
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3265
consumption. Id. As discussed, DOE is
finalizing a cleaning index threshold of
70 in this document, calculated using
only soil particles and excluding spots,
streaks, and rack contact marks. If a test
cycle at a particular soil level does not
achieve the defined cleaning index
threshold, that soil level would need to
be re-tested using the most energyintensive cycle that achieves a cleaning
index threshold of 70 or greater. DOE
notes that if a test cycle at a particular
soil level fails to achieve a cleaning
index threshold of 70 or greater on any
cycle type available on the dishwasher,
the measured energy and water
consumption of the dishwasher at that
soil level would not reflect a
representative average use cycle, since it
would not have washed the dishware to
a consumer-accepted level of cleaning
performance. Such test results may not
be used for certification of compliance
with energy conservation standards.
Regarding AHAM’s comment that
DOE failed to adequately consider if
scores are to be averaged to meet the 65
threshold, and if so, how many test
cycles can be averaged in that process,
DOE explicitly stated in the December
2021 NOPR how scores are to be
calculated. Specifically, DOE proposed
that each [emphasis added] of the
sensor heavy, medium, and light
response test cycles would be required
to achieve a cleaning index of 65 or
greater to constitute a valid cycle. 86 FR
72738, 72759. In other words, scores are
not averaged to meet the defined
cleaning index threshold; rather, each
individual soil response test cycle must
achieve the defined cleaning index.
DOE notes that, unlike for the ENERGY
STAR Cleaning Performance Test
Method, it is technically infeasible in
the test procedure DOE proposed in the
December 2021 NOPR to average the
cleaning index at each soil level for the
test sample because the proposed DOE
test procedure is specified for a single
test unit, and must produce a
representative measure of energy use for
each dishwasher that is tested. For each
tested unit, the proposed test procedure
requires that the test be conducted
sequentially, starting at the heavy soil
load, followed by the medium and light
soil loads, with cleaning performance
evaluated at each soil load. To proceed
to the next soil load test (e.g., from
heavy soil load to medium soil load), a
given soil load (i.e., heavy soil load)
would be required to be tested at the
normal cycle or the most energyintensive cycle type if the normal cycle
does not meet the specified cleaning
index threshold. That is, a given unit’s
test cannot proceed until each soil load
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meets the cleaning index threshold. It is
not feasible to hinge the determination
of which cycle type must be tested for
each soil load on an average value of
multiple test units. Accordingly, this
final rule maintains the requirements
from the December 2021 NOPR that
each tested cycle is required to achieve
the specified cleaning index threshold
to constitute a valid cycle.
AHAM commented that DOE had not
considered potential secondary effects,
such as impacts to minimally compliant
products, recertification requirements
for products that do not meet the
cleaning index threshold, and labeling
impacts. (AHAM, No. 17 at p. 13)
DOE’s test sample included two units
that just meet current energy
conservation standards, and both of
these units met or exceeded the cleaning
index threshold for all soil loads,
including for the heavy soil load test
cycle. Because better cleaning
performance is typically easier to
achieve with higher energy and water
consumption, and minimally compliant
dishwashers are those that use relatively
more energy and water, DOE concludes
that minimally compliant products are
capable of meeting the cleaning index
threshold requirements. Additionally,
DOE is finalizing the cleaning
performance requirements in the new
appendix C2, which will only take affect
with any future amended standards, so
there will not be any direct impacts on
minimally compliant products,
recertification requirements, or labeling.
Additionally, DOE is not amending
the certification or reporting
requirements for dishwashers in this
final rule to require reporting of the
cleaning index when the use of the new
appendix C2 is required. Instead, DOE
may consider proposals to amend the
certification and reporting requirements
for dishwashers under a separate
rulemaking regarding appliance and
equipment certification.
AHAM commented that if the
performance metric is included in the
final test procedure, DOE should
determine what occurs when a machine
has an anomalous cycle as DOE has
done this for other products. (AHAM,
No. 17 at p. 15) Whirlpool commented
that it supported AHAM’s position on
anomalous cycles. (Whirlpool, No. 16 at
p. 2) From testing, DOE has observed
that dishwashers typically do not have
‘‘anomalous cycles.’’ For dishwashers
that may have increased energy or water
use for some cycles but not others,
DOE’s testing experience has indicated
that ‘‘anomalous behavior’’ typically
occurs in response to the machine’s
sensor response. That is, the dishwasher
operation is not anomalous, but accurate
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in terms of how the unit’s sensor is
likely designed to respond. Accordingly,
DOE is not providing any additional
requirements for what stakeholders are
referring to as ‘‘anomalous cycles.’’
AHAM commented that the proposed
cleaning performance requirement adds
test burden with respect to dishwashers
that do not have soil sensors. (AHAM,
No. 17 at p. 12) AHAM commented that
currently, testing of non-soil-sensing
dishwashers does not require soiled
dishes for a test run. (Id.) AHAM
commented that DOE’s proposal adds
the extra burden of adding soils to
dishwashers that do not have soil
sensors. AHAM commented that with
this proposal, testing with the three soil
levels—heavy, medium, and light—the
number of tests for non-soil-sensing
dishwashers could increase up to
threefold. (Id.)
DOE recognizes that there would be
an increase in test burden for testing
non-soil-sensing dishwashers. However,
as stated in the December 2021 NOPR,
non-soil-sensing dishwashers would not
be tested a priori at all three soil levels.
Rather, to mitigate the burden
associated with testing non-soil-sensing
dishwashers using a soiled load, DOE
proposed in the December 2021 NOPR,
and is specifying the same requirement
in this final rule, that non-soil-sensing
dishwashers must first be tested using
only the heavy soil load. If the test with
the heavy soil load is representative of
average consumer use (i.e., it meets a
cleaning index threshold of 70), no
additional tests are required. 87 FR
72738, 72759. This approach is less
burdensome than requiring that all three
soil levels be tested, as specified in the
ENERGY STAR Cleaning Performance
Test Method, regardless of how the
dishwasher performs at each soil level.
Section III.L.1 of this document
estimates the increase in testing costs
for non-soil-sensing dishwashers.
The following paragraphs discuss
specific details regarding the
implementation of the cleaning
performance test for soil-sensing and
non-soil-sensing dishwashers,
respectively, including compact
dishwashers with a capacity of less than
four place settings.
For soil-sensing dishwashers, section
2.6.3 of the currently applicable
appendix C1 specifies that the normal
cycle shall be tested first for the sensor
heavy response, then for the sensor
medium response, and finally for the
sensor light response, using a defined
combination of soiled and clean test
load items for each test cycle. DOE
specifies maintaining this test sequence,
which is also specified in section 2.6.3
of AHAM DW–1–2020, in both the
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amended appendix C1 and the new
appendix C2. Additionally, in the new
appendix C2, each of the sensor heavy,
medium, and light response test cycles
would be required to achieve a cleaning
index of 70 or greater to constitute a
valid cycle. If a test cycle at a particular
soil level does not achieve the defined
cleaning index threshold, that soil level
would need to be re-tested using the
most energy-intensive cycle that
achieves a cleaning index threshold of
70 or greater. For the soil level under
consideration, the test results from the
most energy-intensive valid cycle that
achieves a cleaning index threshold of
70 or greater would be used in the
calculation of EAOC, EAEU, and percycle water consumption. In the event
that a test cycle at a particular soil level
does not achieve the defined cleaning
index threshold, the filter should be
cleaned prior to testing the soil level at
the most energy-intensive cycle that
achieves a cleaning index of 70 or
greater. Cleaning the filter before
transitioning from the normal cycle to
the specified most energy-intensive
cycle at a given soil load would ensure
that residual particles from the normal
cycle test run do not impact the
cleaning performance evaluation for that
most energy-intensive cycle. It would
also promote repeatability and
reproducibility of the test results when
testing according to these amendments
(in which the sequence of test cycles
may requiring switching from the
normal cycle to a different cycle type).
Non-soil-sensing dishwashers are
tested with a clean (i.e., unsoiled) test
load according to the requirements in
the currently applicable appendix C1,
and this approach is maintained under
the amended appendix C1. For the new
appendix C2, which specifies the
threshold cleaning index requirement,
DOE specifies that non-soil-sensing
dishwashers must be tested instead with
a soiled load. Specifically, for non-soilsensing dishwashers, DOE specifies
incorporating the same procedure for
evaluating the validity of the normal
cycle and, if necessary, testing the most
energy-intensive cycle that achieves a
cleaning index threshold of 70 or
greater, as specified for soil-sensing
dishwashers. The same equations
specified for soil-sensing dishwashers in
section 5 of the currently applicable
appendix C1, Calculations of Derived
Results from Test Measurements, would
apply to non-soil-sensing dishwashers
in the new appendix C2. The test
procedure specifies testing the heavy,
medium, and light soil levels, in that
sequence. Since non-soil-sensing
dishwashers consume a fixed amount of
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water and energy independent of the
amount of soil present in the test load,
it is assumed that if the normal cycle
obtains a cleaning index of 70 or greater
at a given soil load (e.g., for the sensor
heavy response test), that the normal
cycle would also achieve the cleaning
index threshold for any lesser soil loads
(e.g., the sensor medium and sensor
light response tests). Therefore, if a
tested soil load for a non-soil-sensing
dishwasher meets the defined threshold
criteria when tested on the normal
cycle, no additional testing would be
required of cycles with lesser soil loads.
If a non-soil-sensing dishwasher is not
tested at a certain soil load because the
preceding heavier soil load(s) meets the
cleaning index threshold on the normal
cycle, the energy and water
consumption values of the preceding
soil load would be used to calculate the
weighted-average energy and water
consumption values. For example, if the
sensor medium response and sensor
light response tests on the normal cycle
are not conducted, the values of the
sensor heavy response test on the
normal cycle would be used for all three
soil loads; whereas, if only the sensor
light response test is not conducted, the
values of the sensor medium response
test on the normal cycle would be used
for the sensor medium and the sensor
light response tests.
Further, in the December 2021 NOPR,
DOE noted that compact dishwashers
that are non-soil-sensing are currently
tested at the manufacturer-stated
capacity, if the capacity of the
dishwasher is less than eight place
settings. 86 FR 72738, 72760. Under the
proposal to test non-soil-sensing
dishwashers with a soiled load, the
instructions specify that compact
dishwashers must be tested using four
place settings plus six serving pieces,
and that some of the place settings are
soiled for the different soiled loads.
However, DOE stated that it is aware
that the rated capacity of some compact,
non-soil-sensing dishwashers is less
than four place settings (e.g., the basic
models for which CNA and FOTILE
submitted waiver petitions and
discussed in sections III.E.5 and III.E.6,
respectively, of this document). Id. For
such dishwashers, as well as any soilsensing compact dishwashers that have
a rated capacity of less than four place
settings, DOE specified the following
requirements for soiling the test load:
• Heavy soil load: Soil two-thirds of
the place settings, excluding flatware
and serving pieces (rounded up to the
nearest integer) or one place setting,
whichever is greater;
• Medium soil load: Soil one-quarter
of the place settings, excluding flatware
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and serving pieces (rounded up to the
nearest integer) or one place setting,
whichever is smaller;
• Light soil load: Soil one-quarter of
the place settings, excluding flatware
and serving pieces (rounded up to the
nearest integer) or one place setting,
whichever is smaller, using half the
quantity of soils specified for one place
setting. Id.
DOE did not receive any comments in
response to its proposed requirements
for soiling compact dishwashers with a
capacity of less than four place settings.
Accordingly, DOE is adopting the
aforementioned soiling requirements for
compact dishwashers with a capacity of
less than four place settings in the new
appendix C2. For the amended
appendix C1, the number of place
settings and soiling requirements for
compact dishwashers is the same as
specified in the currently applicable
appendix C1.
5. Determining the Most EnergyIntensive Cycle
In the December 2021 NOPR, DOE
proposed instructions for determining
the most energy-intensive cycle that
could achieve the proposed cleaning
index threshold, to be conducted only if
the normal cycle of a given unit could
not achieve the threshold. 86 FR 72738,
72760. DOE proposed that the most
energy-intensive cycle would be
determined by conducting a single test
cycle with a clean test load for each
available cycle type (e.g., Normal, Heavy
Duty, Pots and Pans, etc.). Id.
DOE also proposed that prior to
running the clean load test to determine
the most energy-intensive cycle, the
dishwasher filter should be cleaned so
that soil particles from any previous
tests does not affect the determination of
the most energy-intensive cycle. Id.
DOE requested feedback on its
proposed methodology for determining
the most energy-intensive cycle. Id. DOE
also requested feedback on whether it
should consider determination of the
most energy-intensive cycle for sensor
response test cycles using the respective
soil load. Id.
GEA commented that DOE’s proposal
which requires that, if a machine fails
to achieve a minimum cleaning index
threshold, the filter must be washed
prior to running subsequent cycles is
not adequate to return the dishwasher to
its pre-tested condition. GEA suggested
that in addition to cleaning the filter,
the unit under test should be run
through a complete normal cycle
without dishes, soil, or detergent.
Finally, the filter should then be
cleaned a second time before the test
process proceeds with additional test
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3267
runs. GEA explained that these steps
provide increased assurance that results
from one test do not influence the
results of a subsequent test. (GEA, No.
20 at p. 4)
DOE notes that cleaning the filter in
between different test series is
consistent with other industry
standards. The IEC standard, for
example, specifies cleaning only the
filter when conducting cleaning
performance tests. Additionally,
requiring running an additional test
cycle type and cleaning the filter a
second time would add additional test
burden that may not be necessary in
terms of cleaning out the dishwasher
unit.
AHAM commented that the process to
determine the most energy-intensive
cycle is unduly burdensome, since the
proposal requires running several cycle
types with a clean load to identify the
most energy-intensive cycle, and then
run another cycle with a soiled load
because scoring of cleaning takes place
after the energy test. (AHAM, No. 17 at
p. 11) AHAM further stated that the
additional burden associated with
determining the most energy-intensive
cycle is likely to apply to most models
and makes the test procedure unduly
burdensome to conduct. (AHAM, No. 17
at p. 12)
DOE notes that while the procedure to
determine the most energy-intensive
cycle type would add burden, DOE’s
considered approach is less burdensome
than other alternative approaches that
would require running each available
test cycle type with a soiled load. DOE
additionally clarifies that it expects
manufacturers to know the most energyintensive cycle type for their basic
models and as such does not expect
manufacturers to need to test each cycle
type with a clean load to determine the
most energy-intensive cycle as part of
testing to determine compliance with
any future standards. The procedure
that DOE proposed to determine the
most energy-intensive cycle type would
be conducted only if the most energyintensive cycle is unknown and is the
approach that DOE would use during
enforcement testing, should any such
testing be conducted. DOE has clarified
its intent in the regulatory text in the
new appendix C2 and in a new section
in 10 CFR part 429.134.
DOE is finalizing its proposal, in the
new appendix C2, with minor updates
discussed in the preceding paragraph, to
determine the most energy-intensive
cycle that can achieve a cleaning index
threshold of 70 through testing with a
clean load, should the normal cycle at
a specific soil load be unable to achieve
this threshold.
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I. Standby Mode Test Method
1. Standby Power Measurement
Section 4.2 of appendix C1 provides
instructions for measuring standby
mode and off mode power. These
instructions do not currently specify if
the dishwasher door is to be open or
closed when testing in standby mode
and off mode.
For the December 2021 NOPR, DOE
reviewed recent models from different
manufacturers and observed that some
newer models have LED lights inside
the dishwasher tub as well as other
indicators either on the door or on the
electronic control panel that illuminate
when the dishwasher door is open. 86
FR 72738, 72761. Additional energy use
by any such lights and/or indicators
could affect the standby power
consumption and the resulting EAEU
measurement; for example, a 1-watt
increase in the standby power
consumption could impact the EAEU by
up to 5 percent, i.e., conducting standby
mode testing with the dishwasher door
open as compared to testing with the
door closed could result impact test
results for EAEU by up to 5 percent if
the lights consumed an additional 1
watt of power. Id.
Section 4.2 of the AHAM DW–1–2020
standard also includes specific
instructions for the door orientation
during standby mode testing. It specifies
that the standby mode test must be
conducted after completing the last
active mode test as part of the energy
test sequence. Thereafter, the
dishwasher door must be opened and
immediately closed without changing
the control panel settings used for the
active mode wash cycle and without
disconnecting the electrical supply to
the dishwasher. Once the door is closed,
the standby mode and off mode
measurements should begin.
In the December 2021 NOPR, DOE
proposed to reference this requirement
from AHAM DW–1–2020 regarding
opening and closing the door prior to
starting the standby mode and off mode
tests. Id. DOE initially concluded that
performing standby mode and off mode
testing with the door closed is likely to
be most representative of average
consumer use, while also providing a
representative measurement, in
particular noting CEC’s comment in
response to the August 2019 RFI that
most consumers will keep the
dishwasher door closed to prevent
disruption of foot traffic patterns in
their kitchen.49 Id.
49 In response to the August 2019 RFI, CEC
commented that, ‘‘intuitively, most consumers will
keep the dishwasher door closed to prevent
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Based on DOE’s interactions with test
laboratories, dishwashers are already
tested with the door closed in standby
mode. Id. Therefore, DOE stated in the
December 2021 NOPR that it does not
expect any increase in costs to
manufacturers from this proposed
update were it made final. Id. DOE
requested input on its proposal to apply
the standby mode and off mode test
requirements from section 4.2 of AHAM
DW–1–2020 to appendix C1 and the
new appendix C2. Id.
AHAM commented that it agrees with
DOE’s proposal to specify that the door
be opened and closed ‘‘immediately’’ for
standby testing, but that DOE provide
additional language to require a
minimum time for door opening at the
end of the test cycle. (AHAM, No. 17 at
pp. 15–16) AHAM suggested a
minimum door opening time of 10
seconds after completion of the cycle.
(Id.) During the December 2021 NOPR
public meeting, Whirlpool commented
that some dishwashers may have ‘‘cyclefinish’’ behavior if the door is opened
and closed immediately compared to if
it is opened for a slightly longer period
of time, which would represent a
consumer unloading the dishwasher
and closing the door after unloading.
(Whirlpool, Public Meeting Transcript,
No. 22 at pp. 54–55) In written
comments, Whirlpool commented that it
supported AHAM’s position on door
opening at the end of the cycle for
standby mode power measurement.
(Whirlpool, No. 16 at p. 2)
The Joint Commenters commented
that they agree with the approach that
DOE is proposing to use for standby
mode and off mode testing as it will
help improve reproducibility of the test
procedure by ensuring that all
manufacturers are testing standby mode
and off mode power in a consistent
manner. (Joint Commenters, No. 18 at p.
2)
DOE notes that the intent of its
proposal in the December 2021 NOPR
was that the dishwasher is in-fact in
standby mode when the standby mode
test is conducted. However, DOE does
not have any data, and AHAM did not
provide any additional data, to
determine if 10 seconds is sufficient to
ensure that the dishwasher transitions
from active mode to standby mode.
Accordingly, while DOE is not
including any clarification in appendix
C1 and the new appendix C2 regarding
the length of time the door should
remain open, DOE notes that the intent
of this requirement is to ensure that the
dishwasher door is opened for a
disruption of foot traffic patterns in their kitchen.’’
(CEC, No. 6 at p. 2)
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sufficient period of time such that the
dishwasher enters a lower-power state
before it is shut, and standby power is
measured.
2. Annual Combined Low-Power Mode
Energy Consumption Calculation
Section 5.7 of appendix C1 specifies
the method to calculate the annual
combined low-power mode energy
consumption. The combined low-power
mode energy consumption includes the
power consumption in inactive mode 50
and off mode,51 depending on whether
a unit can enter both of these modes or
only one of these modes. To calculate
the annual low-power mode energy
consumption, section 5.7 of appendix
C1 currently assigns 8,465 hours
annually to low-power modes for units
that do not have a fan-only mode. For
units that have a fan-only mode, the
annual hours assigned to low-power
modes are calculated for each
individual unit based on the tested
duration in active mode and fan-only
mode. Section 5.7 of appendix C1. That
is, the combined low-power annual
hours for all available modes other than
active mode, SLP, is calculated as:
SLP = [H¥{N × (L + LF)}] for
dishwashers capable of operating in
fan-only mode; otherwise, SLP =
8,465
Where,
H = the total number of hours per year =
8,766 hours per year,
N = the representative average dishwasher
use of 215 cycles per year,
L = the average of the duration of the normal
cycle and truncated normal cycle, for
non-soil-sensing dishwashers with a
truncated normal cycle; the duration of
the normal cycle, for non-soil-sensing
dishwashers without a truncated normal
cycle; the average duration of the sensor
light response, truncated sensor light
response, sensor medium response,
truncated sensor medium response,
sensor heavy response, and truncated
sensor heavy response, for soil-sensing
dishwashers with a truncated cycle
option; the average duration of the
sensor light response, sensor medium
response, and sensor heavy response, for
soil-sensing dishwashers without a
truncated cycle option, and
LF = the duration of the fan-only mode for the
normal cycle for non-soil-sensing
50 Inactive mode means a standby mode that
facilitates the activation of active mode by remote
switch (including remote control), internal sensor,
or timer, or that provides continuous status display.
Section 1.10 of appendix C1.
51 Off mode means a mode in which the
dishwasher is connected to a main power source
and is not providing any active mode or standby
mode function, and where the mode may persist for
an indefinite time. An indicator that only shows the
user that the product is in the off position is
included within the classification of an off mode.
Section 1.15 of appendix C1.
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dishwashers; the average duration of the
fan-only mode for sensor light response,
sensor medium response, and sensor
heavy response for soil-sensing
dishwashers. Section 5.7, appendix C1.
Section 5.7 of AHAM DW–1–2020
updated this calculation such that the
combined low-power annual hours, SLP,
is a calculated value for all units. That
is, dishwashers that do not have a fanonly mode would use the same equation
to calculate SLP as dishwashers that do
have a fan-only mode. The only
difference in calculation of SLP for units
without a fan-only mode is that LF
would be equal to 0 for such units.
In the December 2021 NOPR, DOE
proposed to reference the annual lowpower mode energy consumption
calculation specified in section 5.7 of
AHAM DW–1–2020, which would also
include the updated calculation method
for combined low-power annual hours,
SLP. 86 FR 72738, 72762. This approach
would change the hours assigned to
low-power mode from 8,465 hours for
dishwashers that do not have a fan-only
mode to a value that is dependent on
the duration of the normal cycle.
Calculating the annual low-power mode
energy consumption utilizing the
measured active mode duration for each
individual unit rather than assigning a
constant value across all units would
provide a more representative result.
In the December 2021 NOPR, DOE
stated that the proposed change to the
combined low-power annual hours
would potentially impact the measured
EAEU. Id. DOE also noted that the
current energy conservation standard
was developed using the method for
determining the combined low-power
annual hours specified in appendix C1.
Id. As such, in the December 2021
NOPR, DOE proposed that, if this
proposal were adopted, this change
would go into effect in conjunction with
any amended energy conservation
standards for dishwashers. Id.
Accordingly, DOE proposed that the
updated calculation of annual lowpower mode energy consumption be
included only in the new appendix C2.
Id. Appendix C1 would continue using
the current method for calculating the
annual low-power mode energy
consumption. DOE requested comment
on its proposal to use the updated
combined low-power annual hours,
specified in Section 5.7 of AHAM DW–
1–2020, for the calculation of annual
combined low-power mode energy
consumption in the new appendix C2.
Id.
DOE did not receive any comments on
this topic and is finalizing its proposal,
consistent with the December 2021
NOPR, to use the updated combined
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low-power annual hours, specified in
section 5.7 of AHAM DW–1–2020, for
the calculation of annual combined lowpower mode energy consumption in the
new appendix C2.
J. Network Mode
Appendix C1 currently does not
address ‘‘network mode’’ power
consumption. In the December 2021
NOPR, DOE stated that it is aware of
dishwashers with network capabilities
that are currently on the market. 86 FR
72738, 72762. However, DOE stated that
it did not have sufficient data at the
time of publication of the December
2021 NOPR regarding the energy use
and consumer use patterns associated
with such capabilities to evaluate
potential test procedure provisions
related to network capabilities. Id.
Therefore, in the December 2021 NOPR,
DOE proposed that all network
functions must be disabled during
testing. Id. Specifically, DOE proposed
to include a requirement in appendix C1
and the new appendix C2 that for
dishwashers, which can communicate
through a network (e.g., Bluetooth® or
internet connection), all network
functions must be disabled, if it is
possible to disable it by means provided
in the manufacturer’s user manual, for
the duration of testing. Id. If the
manufacturer instructions provided in
the user manual do not provide for
disabling a connected function, the
standby power test procedure is
conducted with the connected function
in the ‘‘as-shipped’’ condition. DOE
sought comment on its proposal to
require the disablement of all network
functions throughout the duration of
testing. Id. DOE sought the following
information regarding connected
dishwashers that could inform future
test procedure considerations.
DOE requested feedback on connected
dishwashers currently on the market. Id.
Specifically, DOE requested input on
the types of features or functionality
enabled by connected dishwashers that
exist on the market or that are under
development. Id.
DOE requested data on the percentage
of users purchasing connected
dishwashers, and, for those users, the
percentage of the time when the
connected functionality of the
dishwashers is used. Id. DOE requested
data on the amount of additional or
reduced energy use of connected
dishwashers. Id.
DOE requested data on the pattern of
additional or reduced energy use of
connected dishwashers; for example,
whether it is constant, periodic, or
triggered by the user. Id. DOE requested
information on any existing testing
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protocols that account for connected
features of dishwashers, as well as any
testing protocols that may be under
development within the industry. Id.
The CA IOUs recommended that DOE
test dishwashers in the as-shipped
configuration, rather than disabling
network functions as there is no
evidence to suggest that consumers
actively disable these functions. (CA
IOUs, No. 19 at p. 2; CA IOUs, Public
Meeting Transcript, No. 22 at p. 69)
During the December 2021 NOPR public
meeting, ASAP echoed the comments
provided by the CA IOUs. (ASAP,
Public Meeting Transcript, No. 22 at pp.
69–70)
The CA IOUs referenced a PG&E
survey in which 96 percent of
consumers with a smart clothes washer
as well as 96 percent of consumers with
a smart microwave oven reported that
they do not make an attempt to disable
Wi-Fi or smart application functions.
(CA IOUs, No. 19 at pp. 2–3) The CA
IOUs commented that even though these
are different products, there was no
reason to believe the trends would be
different for other household appliances
and reiterated that DOE should require
testing with network functions set in
their as-shipped conditions. Id.
The Joint Commenters urged DOE to
require that all dishwashers be tested
with network functions in the ‘‘asshipped’’ condition, instead of DOE’s
position that all network functions be
disabled prior to testing. (Joint
Commenters, No. 18 at pp. 2–3) The
Joint Commenters expressed concern
that DOE’s proposal would allow many
dishwashers to be tested with network
functions disabled even though those
functions may be unlikely to be disabled
in the field. Specifically, the Joint
Commenters stated that if a dishwasher
with connected features is shipped with
those features enabled, they believe it is
unlikely that most consumers will
disable those features. The Joint
Commenters suggested that DOE require
all dishwashers be tested ‘‘as shipped’’
regardless of whether the user manual
provides instructions for disabling the
network functions. (Joint Commenters,
No. 18 at p. 3)
As discussed, DOE is aware of a
number of dishwashers on the market
with varying implementations of
connected functionality. DOE has
observed different implementations of
connected features across different
brands, and the design and operation of
these features is continuously evolving.
Accordingly, DOE is finalizing its
proposal, consistent with the December
2021 NOPR, to disable all network
functions during testing. Specifically,
DOE is finalizing its proposal to include
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a requirement in appendix C1 and the
new appendix C2 that for dishwashers
which can communicate through a
network (e.g., Bluetooth® or internet
connection), all network functions must
be disabled, if it is possible to disable
it by means provided in the
manufacturer’s user manual, for the
duration of testing.
K. Test Cycle Duration and Updates to
10 CFR 430.32
In the December 2021 NOPR, DOE
proposed to specify a method for
determining cycle duration in section
5.3 of appendix C1 and the new
appendix C2. 86 FR 72738, 72763. DOE
proposed that the test duration be
calculated as the weighted average of
the sensor heavy response, sensor
medium response, and sensor light
response tests for all dishwashers (i.e.,
both soil-sensing and non-soil-sensing
dishwashers). Id. At the time of issuance
of the December 2021 NOPR, there were
three product classes for dishwashers:
standard dishwashers, compact
dishwashers, and standard dishwashers
with a cycle duration of 60 minutes or
less. Since publication of the December
2021 NOPR, DOE has rescinded the
standard dishwashers with a cycle
duration of 60 minutes or less product
class. See 87 FR 2673. At the time DOE
proposed the calculation of test
duration, it was to aid in the
determination of cycle duration, which
would have been used to determine the
appropriate product class for a given
unit.
In the December 2021 NOPR, DOE
also proposed to incorporate by
reference AHAM DW–1–2020 in its
entirety into 10 CFR part 430, and
amend 10 CFR 430.32(f)(1)(iii) to
remove the existing reference to
appendix C1, and instead reference
AHAM DW–1–2020 for the definition of
‘‘normal cycle.’’ Id. Additionally, DOE
proposed to update the references to
AHAM DW–1 in the standard size
dishwasher and compact size
dishwasher descriptions in 10 CFR
430.32. Id.
DOE requested comment on the
proposal to update the standard size
dishwasher, compact size dishwasher,
and standard size dishwasher with a
‘‘normal’’ cycle time of 60 minutes or
less descriptions at 10 CFR
430.32(f)(1)(i)–(iii). Id. DOE also
requested comment on the proposal to
explicitly provide the method for
determining cycle duration in
appendices C1 and C2.
The CA IOUs commented that while
they support DOE’s proposal to include
a cleaning performance test method and
cleaning index threshold, they were
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concerned that this may inadvertently
impact customer dissatisfaction
elsewhere, such as cycle time
performance. (CA IOUs, No. 19 at p. 3)
The CA IOUs therefore reiterated their
support for both measurement of cycle
time and disclosure of cycle time to
allow consumers to better understand
these tradeoffs and prioritize their needs
regarding cycle time and energy
performance. Id. The CA IOUs
commented in support of DOE’s
decision to add measurement of cycle
time to the test procedure and asked
DOE to consider public disclosure and
reporting of cycle time, since consumers
may be interested in this data. Id.
DOE notes that because the standard
size dishwasher with a normal cycle
time of 60 minutes or less product class
was revoked in a final rule published in
January 2022 (87 FR 2673), the cycle
duration calculation as provided in
section 5.3 of appendix C1 and
appendix C2 of the December 2021
NOPR is not relevant. Instead, the cycle
duration calculation as part of the lowpower mode energy consumption
calculation would be more relevant for
determining dishwasher cycle duration
because this calculation is used to
determine the annual low-power mode
hours and active mode hours. As
discussed in section III.I.2 of this
document, cycle duration is calculated
as the simple average of the sensor
heavy, medium, and light response
cycles and, for dishwashers with a
heated dry option, the duration of the
truncated sensor heavy, medium, and
light response cycles is also included in
the cycle duration calculation. While
DOE is not including any reporting
requirements in this document, it could
consider including a reporting
requirement for SLP, which is the
combined low-power annual hours and
is a calculated value when determining
low-power mode energy consumption,
in a future certification rulemaking. The
cycle duration could then be
determined from SLP by subtracting SLP
from 8,766 annual hours and dividing
by the annual dishwasher cycles (184
cycles per year when testing according
to the new appendix C2).
Accordingly, DOE is removing the
cycle duration calculation that it
proposed in the December 2021 NOPR.
Additionally, DOE did not receive any
comments on its proposal to update the
reference in 10 CFR 430.32 to AHAM
DW–1–2020. Therefore, DOE is
finalizing its proposal, consistent with
the December 2021 NOPR, to update the
standard size dishwasher and compact
size dishwasher descriptions at 10 CFR
430.32(f)(1)(i)–(iii).
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L. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
In this document, DOE amends the
existing test procedure for dishwashers
at appendix C1 and adopts a new test
procedure at appendix C2. The
amendments to appendix C1 establish
requirements for water hardness,
relative humidity, and loading pattern;
update requirements for ambient
temperature, detergent dosage, and
standby power measurement; and
include testing approaches from
published waivers for dishwashers. The
new appendix C2 additionally includes
provisions for evaluating cleaning
performance and establishing a
minimum per-cycle cleaning index
threshold as a condition for a valid test,
and updated annual number of cycles
and low-power mode hours for the
calculation of energy consumption.
The amendments to appendix C1
establish new requirements for water
hardness and relative humidity and
update the requirements for ambient
temperature. DOE does not expect these
requirements to increase test burden as
compared to current industry practice
because it expects that laboratories
already control water hardness, relative
humidity, and ambient temperature to
within the proposed specifications, as
indicated by manufacturer comments
supporting these amendments, as well
as general industry acceptance for these
requirements as they pertain to
dishwashers and other appliances.
DOE is also establishing in appendix
C1 a new requirement for loading soiled
dishes. DOE does not expect this
requirement to change the rated energy
and water use because the thermal mass
inside the dishwasher chamber will be
the same, regardless of how the dishes
are loaded in the unit. DOE also does
not expect this requirement to increase
the cost of conducting the test
procedure as compared to the current
test procedure based on the large
number of brands currently
participating in the ENERGY STAR
qualification and Most Efficient
programs (which require the loading
pattern specified in this document).
Further, DOE is also establishing a
new detergent type and approach for
calculating the detergent dosage in
appendix C1. However, DOE is also
retaining the current detergent type and
dosing requirement. As such, DOE does
not expect this requirement to increase
test burden as compared to current
industry practice. Id.
DOE further specifies in appendix C1
that standby mode power consumption
be measured with the door closed.
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Based on DOE’s interactions with test
laboratories, dishwashers are already
tested with the door closed in standby
mode. Therefore, DOE does not expect
any increase in costs to manufacturers
from this update.
The amendments to appendix C1 will
not impact the representations of
dishwasher energy and water use.
Manufacturers will be able to rely on
data generated under the test procedure
in effect prior to the adoption of the
amended appendix C1. As such,
retesting of dishwashers will not be
required solely as a result of DOE’s
adoption of the amendments to
appendix C1.
In addition to the amendments to
appendix C1, DOE is also establishing a
new appendix C2. As stated, use of the
new appendix C2 will be required in
conjunction with the compliance date of
any future amendments to the energy
conservation standards for dishwashers.
DOE is specifying the evaluation of
cleaning performance in the new
appendix C2. Specifically, DOE is
requiring that each tested soil load must
meet a minimum per-cycle cleaning
index threshold of 70 for a test cycle to
be considered valid. Further, the new
appendix C2 includes changes to the
annual number of cycles and low-power
mode hours, both of which are used for
the calculation of energy consumption.
While the requirement to evaluate
cleaning performance would increase
test burden, the updates to the annual
number of cycles and low-power mode
hours will change certain inputs to the
calculation, but will not impact the
burden as compared to conducting the
calculation under the test procedure as
amended in appendix C1.
DOE estimates the cost to test a soilsensing dishwasher, according to the
new appendix C2, to be approximately
$2,334 per basic model and that for a
non-soil-sensing dishwasher to be
approximately $735 per basic model.
These costs were estimated as follows.
Based on its experience conducting
dishwasher testing, DOE estimates the
total duration to test dishwashers
according to the currently applicable
version of appendix C1, and the
amended appendix C1, to be 25 hours
for a soil-sensing dishwasher and 6
hours for a non-soil-sensing dishwasher.
The additional time required to score a
load at the end of cycle and calculate
the cleaning index is estimated to be 1
hour per soil load. The new appendix
C2 also prescribes the use of a new
detergent type and method to calculate
the detergent dosage compared to the
detergent dose estimation in the current
appendix C1. Based on testing that DOE
conducted in support of the October
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2020 Final Rule, DOE estimates that the
updated detergent dosage methodology
will reduce testing time by about 1 hour
because the new methodology estimates
detergent dosage based on the number
of place settings as opposed to the
prewash and main wash fill water
volumes as required under the currently
applicable (and amended) appendix C1
test procedure. Determination of the
prewash and main wash fill water
volumes requires about 1 hour to
identify the prewash and main wash
phases of a test cycle, isolate the water
consumed during these specific portions
of the cycle, and then calculate the
quantity of detergent required.
Therefore, DOE estimates the test
duration under the new appendix C2 to
be 27 hours for soil-sensing dishwashers
(25 hours currently + 1 hour per soil
load to score the load and calculate the
cleaning index—1 hour using the
updated detergent dosage methodology).
As discussed previously, DOE does not
expect manufacturers to run additional
tests as part of compliance testing to
determine the most energy-intensive
cycle type, in the event that a given
basic model cannot meet the specified
cleaning index threshold on the normal
cycle at any soil load. Accordingly, DOE
has not estimated costs for this test.
Non-soil-sensing dishwashers are to
be tested on the heavy soil load under
the new appendix C2. This will increase
testing time by approximately 2.5 hours
(in addition to the 1 hour associated
with scoring and calculating cleaning
index) due to the additional time
associated with preparing the soils,
soiling the load, allowing the soils to
dry, and loading the soiled dishes. To
mitigate burden, DOE is additionally
specifying that non-soil-sensing
dishwashers are required to test the
medium and light soil loads only if the
next-greater soil load requires the use of
the most energy-intensive cycle. To
estimate the testing burden associated
with the new appendix C2, DOE
estimated that most non-soil-sensing
dishwashers will only be tested at the
heavy soil load. DOE also estimates that
the updated detergent dosage
methodology will reduce testing time by
about 1 hour. Therefore, DOE estimated
the total testing duration for non-soil
sensing dishwashers under the new
appendix C2 to be 8.5 hours (6 hours
currently + 2.5 hours to soil the load +
1 hour to score the load and calculate
the cleaning index—1 hour using
updated detergent dosage methodology).
Similar to soil-sensing dishwashers,
DOE does not expect manufacturers to
run additional tests as part of
compliance testing to determine the
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most energy-intensive cycle type, in the
event that a given basic model cannot
meet the specified cleaning index
threshold on the normal cycle at any
soil load. Accordingly, DOE has not
estimated costs for this test.
Based on data from the Bureau of
Labor Statistics’ (‘‘BLS’s’’) Occupational
Employment and Wage Statistics, the
mean hourly wage for electrical and
electronic engineering technologist and
technician is $30.47.52 Additionally,
DOE used data from BLS’s Employer
Costs for Employee Compensation to
estimate the percent that wages
comprise the total compensation for an
employee. DOE estimated that wages
make up 70.5 percent of the total
compensation for private industry
employees.53 Therefore, DOE estimated
that the total hourly compensation
(including all fringe benefits) of a
technician performing these tests to be
approximately $43.22.54 Using these
labor rates and time estimates, DOE
estimated that it will cost dishwasher
manufacturers approximately $2,334 to
test at least two units for each basic
model for soil-sensing dishwashers and
approximately $735 to test at least two
units for each basic model for non-soilsensing dishwashers.55
The incremental increases in testing
costs under the new appendix C2
compared to the current and amended
appendix C1 are approximately $173
per soil-sensing dishwasher basic model
and approximately $216 per non-soilsensing dishwasher basic model.56
As previously discussed, the use of
the new appendix C2 would not be
required until the time of the
compliance date of future amended
energy conservation standards for
dishwashers, should such amendments
be adopted. At that time, manufacturers
52 DOE used the mean hourly wage of the ‘‘17–
3027 Mechanical Engineering Technologists and
Technicians’’ from the most recent BLS
Occupational Employment and Wage Statistics
(May 2021) to estimate the hourly wage rate of a
technician assumed to perform this testing. See
www.bls.gov/oes/current/oes173027.htm. Last
accessed July 4, 2022.
53 DOE used the June 2022 ‘‘Employer Costs for
Employee Compensation’’ to estimate that for
‘‘Private Industry Workers,’’ ‘‘Wages and Salaries’’
are 70.5 percent of the total employee
compensation. See www.bls.gov/news.release/pdf/
ecec.pdf. Last accessed October 19, 2022.
54 $30.47 ÷ 0.705 = $43.22.
55 Soil-sensing dishwasher: $43.22 × 27 hours ×
2 units per basic model = $2,333.88 (rounded to
$2,334); non-soil-sensing dishwasher: $43.22 × 8.5
hours × 2 units per basic model = $734.74 (rounded
to $735).
56 Soil-sensing dishwasher under current
appendix C1: $43.22 × 25 hours × 2 units per basic
model = $2,161. Non-soil-sensing dishwasher under
current appendix C1: $43.22 × 6 hours × 2 units per
basic model = $518.64 (rounded to $519).
$2,334¥$2,161 = $173. $735¥$519 = $216.
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would need to retest models in
accordance with appendix C2. In
addition to the potential retesting costs,
DOE expects that some manufacturers
may incur one-time capital costs if their
current testing laboratories are at
capacity and additional laboratory space
or test stations are required. DOE would
incorporate the estimated costs
associated with testing to the newly
established appendix C2 into the
analysis of any future energy
conservation standards based on
appendix C2.
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2. Harmonization With Industry
Standards
DOE’s established practice is to adopt
industry test standards as DOE test
procedures for covered products and
equipment, unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA) or estimated operating costs of
that equipment during a representative
average use cycle. Section 8(c) of 10
CFR part 430 subpart C appendix A. In
cases where the industry standard does
not meet EPCA statutory criteria for test
procedures, DOE will make
modifications through the rulemaking
process to these standards as the DOE
test procedure.
The current test procedure for
dishwashers at appendix C1 references
ANSI/AHAM DW–1–2010 in definitions
and for testing conditions, and IEC
62301 Ed. 2.0 for test conditions,
equipment, and standby mode power
consumption measurement. The
industry standards DOE is referencing
in this document are discussed in
further detail in section III.C and section
IV.N of this document.
DOE notes that some of its
modifications would not require retesting and recertification of dishwasher
basic models as compared to adopting
AHAM DW–1–2020 and AHAM DW–2–
2020 without modification, while
maintaining the representativeness of
the DOE test procedure. DOE is
maintaining the list of test load items
currently in appendix C1 as an
alternative to the test load items
specified in AHAM DW–1–2020, so test
laboratories that currently have the test
load items are not required to purchase
new items. DOE is also maintaining the
current detergent and dosage
requirements as alternatives to the
detergent and dosage requirements
specified in AHAM DW–1–2020
because this would allow manufacturers
to continue to rely on existing test data
and would not require re-testing or re-
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certification of dishwashers on the
market.
Additionally, DOE is maintaining the
annual number of cycles and low-power
mode hours currently specified in
appendix C1 because these values can
impact the EAEU, which provides the
basis for the existing energy
conservation standards. DOE is adopting
the annual number of cycles and lowpower mode hours from AHAM DW–1–
2020 in the new appendix C2, which
would be applicable upon the
compliance date of any future amended
energy conservation standards for
dishwashers. DOE is also adopting the
test procedure waiver provisions
applicable to dishwashers for which
water is supplied through a manually
filled attached tank and for in-sink
dishwashers without a main detergent
compartment. AHAM DW–1–2020 does
not have comparable provisions.
Adopting these requirements specified
in the relevant waivers would eliminate
the need of manufacturers of such
products from having to seek waivers
and would thereby reduce compliance
burden. These modifications would
ensure, as required by EPCA, that the
DOE test procedure is not unduly
burdensome to conduct. Additionally,
AHAM DW–1–2020 references the
relevant sections of AHAM DW–2–2020
for the requirements where appendix C1
currently references ANSI/AHAM DW–
1–2010 and maintains references to IEC
62301 Ed. 2.0 for the requirements
where appendix C1 already references
this standard. Further, DOE’s
incorporation of a methodology for
measuring cleaning performance and
including a consumer-representative
minimum cleaning performance
threshold as a condition for a cycle to
be valid in appendix C2 is to be
referenced from the relevant sections of
AHAM DW–2–2020.
M. Effective and Compliance Dates
The effective date for the adopted test
procedures will be 30 days after
publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the final
rule in the Federal Register. (42 U.S.C.
6293(c)(2)) EPCA provides an allowance
for individual manufacturers to petition
DOE for an extension of the 180-day
period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To
receive such an extension, petitions
must be filed with DOE no later than 60
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days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. (Id.) Manufacturers will be
required to use the amended test
procedure at appendix C1 until the
compliance date of any final rule
establishing amended energy
conservation standards based on the
newly established test procedure at
appendix C2. At such time,
manufacturers will be required to begin
using the newly established test
procedure at appendix C2.
Upon the compliance date of test
procedure provisions in this final rule
any waivers that had been previously
issued and are in effect that pertain to
issues addressed by such provisions are
terminated. 10 CFR 430.27(h)(3).
Recipients of any such waivers are
required to test the products subject to
the waiver according to the amended
test procedure as of the compliance date
of the amended test procedure. The
amendments adopted in this document
pertain to issues addressed by waivers
granted to Whirlpool, Case No. DW–011,
Miele, Case No. DW–012, CNA, Case
No. 2020–008, and FOTILE, Case No.
2020–020. 78 FR 65629, 82 FR 17227, 85
FR 79171, and 86 FR 26712,
respectively.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866 and 13563
Executive Order (‘‘E.O.’’)12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review, 76 FR 3821 (Jan. 21,
2011), requires agencies, to the extent
permitted by law, to (1) propose or
adopt a regulation only upon a reasoned
determination that its benefits justify its
costs (recognizing that some benefits
and costs are difficult to quantify); (2)
tailor regulations to impose the least
burden on society, consistent with
obtaining regulatory objectives, taking
into account, among other things, and to
the extent practicable, the costs of
cumulative regulations; (3) select, in
choosing among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
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economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in the Office of Management
and Budget (‘‘OMB’’) has emphasized
that such techniques may include
identifying changing future compliance
costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
stated in the preamble, this final
regulatory action is consistent with
these principles.
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this final
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(‘‘FRFA’’) for any final rule where the
agency was first required by law to
publish a proposed rule for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel. DOE reviewed
this final rule under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003.
DOE has concluded that this rule
would not have a significant impact on
a substantial number of small entities.
The factual basis for this certification is
as follows:
The Small Business Administration
(‘‘SBA’’) considers a business entity to
be a small business, if, together with its
affiliates, it employs less than a
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threshold number of workers specified
in 13 CFR part 121. DOE used SBA’s
small business size standards to
determine whether any small entities
would be subject to the requirements of
the rule. These size standards and codes
are established by the North American
Industry Classification System
(‘‘NAICS’’) and are available at
www.sba.gov/document/support--tablesize-standards. Dishwasher
manufacturers are classified under
NAICS code 335220, ‘‘Major Household
Appliance Manufacturing.’’ The SBA
sets a threshold of 1,500 employees or
fewer for an entity to be considered as
a small business for this category.
DOE conducted a focused inquiry into
small business manufacturers of the
products covered by this rulemaking.
DOE reviewed its Compliance
Certification Database,57 California
Energy Commission’s Modernized
Appliance Efficiency Database
System,58 and ENERGY STAR’s Product
Finder dataset 59 to create a list of
companies that import or otherwise
manufacture the products covered by
this proposal. DOE then consulted
publicly available data to identify
original equipment manufacturers
(‘‘OEMs’’) selling dishwashers in the
U.S. DOE relied on public data and
subscription-based market research
tools (e.g., Dun & Bradstreet 60) to
determine company location,
headcount, and annual revenue. DOE
screened out companies that do not
offer products covered by this
rulemaking, do not meet SBA’s
definition of a ‘‘small business,’’ or are
foreign-owned and operated.
DOE identified 21 dishwasher OEMs.
Consistent with the preliminary
determination in the December 2021
NOPR, DOE did not identify any
domestic OEMs that qualify as a ‘‘small
business.’’ 61
In this final rule, DOE amends the
existing test procedure for dishwashers
at appendix C1 and adopts a new test
procedure at appendix C2. The
amendments to appendix C1 establish
requirements for water hardness,
57 U.S. Department of Energy Compliance
Certification Database, available at
www.regulations.doe.gov/certification-data/
products.html#q=Product_Group_s%3A*. Last
accessed July 8, 2022.
58 California Energy Commission Modernized
Appliance Efficiency Database System, available at
cacertappliances.energy.ca.gov/Pages/Search/
AdvancedSearch.aspx. Last accessed June 3, 2022.
59 ENERGY STAR® Product Finder data set,
available at www.energystar.gov/productfinder. Last
accessed June 3, 2022.
60 The Dun & Bradstreet Hoovers subscription
login is accessible at app.dnbhoovers.com. Last
accessed June 7, 2022.
61 86 FR 72738, 72766.
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relative humidity, and loading pattern;
update requirements for ambient
temperature, detergent dosage, and
standby power measurement; and
include testing approaches from
published waivers for dishwashers. The
new appendix C2 additionally includes
provisions for evaluating cleaning
performance and establishing a
minimum per cycle cleaning index
threshold as a condition for a valid test;
and updated annual number of cycles
and low-power mode hours for the
calculation of energy consumption.
DOE has determined that the
amendments to appendix C1 would not
increase testing costs relative to the
current appendix C1 or result in
manufacturers needing to re-rate
dishwashers. As detailed in the final
rule notice, use of the new appendix C2
would not be required until the time of
the compliance date of future amended
energy conservation standards for
dishwashers, should such amendments
be adopted. For appendix C2, DOE
estimates the incremental increases in
testing costs compared to the current
and amended appendix C1 are
approximately $173 per soil-sensing
dishwasher basic model and
approximately $216 per non-soilsensing dishwasher basic model.62
Therefore, DOE estimates the cost to test
a soil-sensing dishwasher according to
the new appendix C2 to be
approximately $2,334 per basic model
and that for a non-soil-sensing
dishwasher to be approximately $735
per basic model.63
If DOE were to adopt future energy
conservation standards based on
appendix C2, manufacturers would
need to retest models in accordance
with appendix C2. In addition to the
potential retesting costs, DOE expects
that some manufacturers may incur onetime capital costs if their current testing
laboratories are at capacity and
additional laboratory space or test
stations are required. The cost of
retesting in accordance with appendix
C2 would be incorporated into the
analysis of any future energy
conservation standards based on
appendix C2. DOE would also
investigate and include the estimated
upfront capital investments associated
62 Soil-sensing dishwasher under current
appendix C1: $43.22 × 25 hours × 2 units per basic
model = $2,161. Non-soil-sensing dishwasher under
current appendix C1: $43.22 × 6 hours × 2 units per
basic model = $518.64 (rounded to $519).
$2,334¥$2,161 = $173. $735¥$519 = $216.
63 27 hours testing time per soil-sensing unit ×
$43.22 per hour × 2 units per basic model =
$2,333.88 (rounded to $2,334) and 8.5 hours test
time per non-soil-sensing unit × $43.22 per hour ×
2 units per basic model = $734.74 (rounded to
$735).
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with testing to the newly established
appendix C2 in any future analysis of
energy conservation standards for
dishwashers.
DOE did not receive written
comments that specifically addressed
impacts on small businesses or that
were provided in response to the initial
regulatory flexibility analysis (‘‘IRFA’’).
Given the lack of small entities with
a direct compliance burden, DOE
concludes that the cost effects accruing
from the final rule would not have a
‘‘significant economic impact on a
substantial number of small entities,’’
and that the preparation of a FRFA is
not warranted. DOE has submitted a
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the Small Business
Administration for review under 5
U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of dishwashers must
certify to DOE that their products
comply with any applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including dishwashers. (See generally
10 CFR part 429.) The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
DOE is not amending the certification
or reporting requirements for
dishwashers in this final rule. Instead,
DOE may consider proposals to amend
the certification requirements and
reporting for dishwashers under a
separate rulemaking regarding appliance
and equipment certification. DOE will
address changes to OMB Control
Number 1910–1400 at that time, as
necessary.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
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with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE establishes test
procedure amendments that it expects
will be used to develop and implement
future energy conservation standards for
dishwashers. DOE has determined that
this rule falls into a class of actions that
are categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, DOE has determined that
adopting test procedures for measuring
energy efficiency of consumer products
and industrial equipment is consistent
with activities identified in 10 CFR part
1021, appendix A to subpart D, A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE examined this final rule
and determined that it will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
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F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
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for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
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I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final%20
Updated%20IQA%20Guidelines%20
Dec%202019.pdf. DOE has reviewed
this final rule under the OMB and DOE
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guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The modifications to the test
procedure for dishwashers adopted in
this final rule incorporates testing
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3275
methods contained in certain sections of
the following commercial standards:
AHAM DW–1–2020, AHAM DW–2–
2020, and IEC 62301 Ed. 2.0. DOE has
evaluated these standards and is unable
to conclude whether it fully complies
with the requirements of section 32(b) of
the FEAA (i.e., whether it was
developed in a manner that fully
provides for public participation,
comment, and review.) DOE has
consulted with both the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in these
standards and has received no
comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated
by Reference
AHAM DW–1–2020, ‘‘Uniform Test
Method for Measuring the Energy
Consumption of Dishwashers’’. AHAM
DW–1–2020 is a voluntary industryaccepted test procedure that measures
the energy and water consumption of
household electric dishwashers.
AHAM DW–2–2020, ‘‘Household
Electric Dishwashers’’. AHAM DW–2–
2020 is an industry standard to
determine the cleaning performance of
dishwashers.
The AHAM standards are reasonably
available from AHAM (www.aham.org/
AHAM/AuxStore).
IEC 62301 Ed. 2.0 is an international
standard that specifies methods of
measurement of electrical power
consumption of household appliances
in standby mode(s) and other low power
modes, as applicable. IEC 62301 Ed. 2.0
is reasonably available from IEC
(https://webstore.ansi.org or https://
webstore.iec.ch/).
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
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10 CFR Part 430
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
3. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
■
■
This document of the Department of
Energy was signed on December 16,
2022, by Francisco Alejandro Moreno,
Acting Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
§ 430.3 Materials incorporated by
reference.
Signed in Washington, DC, on December
19, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends parts 429 and
430 of chapter II of title 10, Code of
Federal Regulations as set forth below:
*
*
*
*
*
(i) * * *
(2) AHAM DW–1–2020, Uniform Test
Method for Measuring the Energy
Consumption of Dishwashers, copyright
2020; IBR approved for § 430.32;
appendices C1 and C2 to subpart B.
(3) AHAM DW–2–2020, Household
Electric Dishwashers, copyright 2020;
IBR approved for appendices C1 and C2
to subpart B.
*
*
*
*
*
■ 5. Section 430.23 is amended by
revising paragraph (c) to read as follows:
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
*
*
*
*
(c) Dishwashers. (1) The Estimated
Annual Operating Cost (EAOC) for
dishwashers must be rounded to the
nearest dollar per year and is defined as
follows:
(i) When cold water (50 °F) is used,
■
1. The authority citation for part 429
continues to read as follows:
EAOC = (De × ETLP) + (De × N × (M +
MWS + MDO + MCO + EF¥(ED/2))).
Authority: 42 U.S.C. 6291–6317, 28 U.S.C.
2461 note.
Where,
De = the representative average unit cost of
electrical energy, in dollars per kilowatthour, as provided by the Secretary,
ETLP = the annual combined low-power mode
energy consumption in kilowatt-hours
per year and determined according to
section 5 of appendix C1 or appendix C2
to this subpart, as applicable,
N = the representative average dishwasher
use of 215 cycles per year when EAOC
is determined pursuant to appendix C1
to this subpart, and 184 cycles per year
when EAOC is determined pursuant to
appendix C2 to this subpart,
M = the machine energy consumption per
cycle, in kilowatt-hours and determined
according to section 5 of appendix C1 or
appendix C2 to this subpart, as
applicable,
2. Amend § 429.134 by adding
paragraph (z) to read as follows:
■
§ 429.134 Product-specific enforcement
provisions.
*
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4. Amend § 430.3 by:
a. Redesignating paragraphs (i)(2)
through (6) as (i)(3) through (7);
■ b. Adding new paragraph (i)(2); and
■ c. Revising newly redesignated
paragraph (i)(3); and
■ d. In paragraph (p)(7), removing the
text ‘‘C1, D1’’ and adding in its place
‘‘C1, C2, D1’’.
The addition and revision read as
follows:
Signing Authority
*
*
*
*
(z) Dishwashers—(1) Determination of
Most Energy-Intensive Cycle. For any
dishwasher basic model that does not
meet the specified cleaning index
threshold at a given soil load, the most
energy-intensive cycle will be
determined through testing as specified
in sections 4.1.1 and 5.2 of appendix C2
to subpart B of part 430.
(2) [Reserved]
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*
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MWS = the machine energy consumption per
cycle for water softener regeneration, in
kilowatt-hours and determined pursuant
to section 5 of appendix C1 or appendix
C2 to this subpart, as applicable,
MDO = for water re-use system dishwashers,
the machine energy consumption per
cycle during a drain out event in
kilowatt-hours and determined
according to section 5 of appendix C1 or
appendix C2 to this subpart, as
applicable,
MCO = for water re-use system dishwashers,
the machine energy consumption per
cycle during a clean out event, in
kilowatt-hours and determined
according to section 5 of appendix C1 or
appendix C2 to this subpart, as
applicable,
EF = the fan-only mode energy consumption
per cycle, in kilowatt-hours and
determined according to section 5 of
appendix C1 or appendix C2 to this
subpart, as applicable, and
ED = the drying energy consumption, in
kilowatt-hours and determined
according to section 5 of appendix C1 or
appendix C2 to this subpart, as
applicable.
(ii) When electrically heated water
(120 °F or 140 °F) is used,
EAOC = (De × ETLP) + (De × N × (M +
MWS + MDO + MCO + EF¥(ED/2))) +
(De × N × (W + WWS + WDO + WCO)).
Where,
De, ETLP, N, M, MWS, MDO, MCO, EF, and ED,
are defined in paragraph (c)(1)(i) of this
section,
W = the water energy consumption per cycle,
in kilowatt-hours and determined
according to section 5 of appendix C1 or
appendix C2 to this subpart, as
applicable,
WWS = the water softener regeneration water
energy consumption per cycle in
kilowatt-hours and determined
according to section 5 of appendix C1 or
appendix C2 to this subpart, as
applicable,
WDO = The drain out event water energy
consumption per cycle in kilowatt-hours
and determined according to section 5 of
appendix C1 or appendix C2 to this
subpart, as applicable, and
WCO = The clean out event water energy
consumption per cycle in kilowatt-hours
and determined according to section 5 of
appendix C1 or appendix C2 to this
subpart, as applicable.
(iii) When gas-heated or oil-heated
water is used,
EAOCg = (De × ETLP) + (De × N × (M +
MWS + MDO +MCO + EF¥(ED/2))) +
(Dg × N × (Wg + WWSg + WDOg +
WCOg)).
Where,
De, ETLP, N, M, MWS, MDO, MCO, EF, and ED,
are defined in paragraph (c)(1)(i) of this
section,
Dg = the representative average unit cost of
gas or oil, as appropriate, in dollars per
BTU, as provided by the Secretary,
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Wg = the water energy consumption per
cycle, in Btus and determined according
to section 5 of appendix C1 or appendix
C2 to this subpart, as applicable.
WWSg = the water softener regeneration
energy consumption per cycle in Btu per
cycle and determined according to
section 5 of appendix C1 or appendix C2
to this subpart, as applicable,
WDOg = the drain out water energy
consumption per cycle in kilowatt-hours
and determined according to section 5 of
appendix C1 or appendix C2 to this
subpart, as applicable, and
WCOg = the clean out water energy
consumption per cycle in kilowatt-hours
and determined according to section 5 of
appendix C1 or appendix C2 to this
subpart, as applicable.
(2) The estimated annual energy use,
EAEU, expressed in kilowatt-hours per
year must be rounded to the nearest
kilowatt-hour per year and is defined as
follows:
EAEU = (M + MWS + MDO + MCO +
EF¥(ED/2) + W + WWS + WDO +
WCO) × N + ETLP
Where,
M, MWS, MDO, MCO, EF, ED, ETLP are all
defined in paragraph (c)(1)(i) of this
section and W, WWS, WDO, WCO are
defined in paragraph (c)(1)(ii) of this
section.
(3) The sum of the water
consumption, V, the water consumption
during water softener regeneration, VWS,
the water consumption during drain out
events for dishwashers equipped with a
water re-use system, VDO, and the water
consumption during clean out events for
dishwashers equipped with a water reuse system, VCO, expressed in gallons
per cycle and defined pursuant to
section 5 of appendix C1 or appendix
C2 to this subpart, as applicable, must
be rounded to one decimal place.
(4) Other useful measures of energy
consumption for dishwashers are those
which the Secretary determines are
likely to assist consumers in making
purchasing decisions and which are
derived from the application of
appendix C1 to this subpart or appendix
C2 to this subpart, as applicable.
*
*
*
*
*
■ 6. Appendix C1 to subpart B of part
430 is revised to read as follows:
lotter on DSK11XQN23PROD with RULES3
Appendix C1 to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Dishwashers
Note: Before July 17, 2023 manufacturers
must use the results of testing under this
appendix as codified on February 17, 2023 or
this appendix as it appeared in the January
1, 2023 edition of 10 CFR parts 200–499 to
determine compliance with the relevant
standard from § 430.32(f)(1) as it appeared in
the January 1, 2023 edition of 10 CFR parts
200–499. Beginning July 17, 2023,
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manufacturers must use the results of testing
under this appendix to determine
compliance with the relevant standard from
§ 430.32(f)(1) as it appeared in the January 1,
2023 edition of 10 CFR parts 200–499.
Manufacturers must use the results of testing
under appendix C2 to determine compliance
with any amended standards for dishwashers
provided in 10 CFR 430.32(f)(1) that are
published after January 1, 2023. Any
representations related to energy or water
consumption of dishwashers must be made
in accordance with the appropriate appendix
that applies (i.e., appendix C1 or appendix
C2) when determining compliance with the
relevant standard. Manufacturers may also
use appendix C2 to certify compliance with
any amended standards prior to the
applicable compliance date for those
standards.
0. Incorporation by Reference
In § 430.3, DOE incorporated by
reference the entire standard for AHAM
DW–1–2020 and AHAM DW–2–2020;
however, only enumerated provision of
AHAM DW–1–2020, AHAM DW–2–
2020, and IEC 62301 are applicable as
follows:
0.1 AHAM DW–1–2020
(a) Sections 1.1 through 1.30 as
referenced in section 1 of this appendix;
(b) Section 2.1 as referenced in
sections 2 and 2.1 of this appendix;
(c) Sections 2.2 through 2.3.3, sections
2.5 through 2.7, sections 2.7.2 through
2.8, and section 2.11, as referenced in
section 2 of this appendix;
(d) Section 2.4 as referenced in
sections 2 and 2.2 of this appendix;
(e) Section 2.7.1 as referenced in
sections 2 and 2.3 of this appendix;
(f) Section 2.9 as referenced in
sections 2 and 2.4 of this appendix;
(g) Section 2.10 as referenced in
sections 2 and 2.5 of this appendix;
(h) Sections 3.1 through 3.2 and
sections 3.5 through 3.7 as referenced in
section 3 of this appendix;
(i) Section 3.3 as referenced in
sections 3 and 3.1 of this appendix;
(j) Section 3.4 as referenced in
sections 3 and 3.2 of this appendix;
(k) Sections 4.1 through 4.1.2 and
sections 4.1.4 through 4.2 as referenced
in section 4 of this appendix;
(l) Section 4.1.4 as referenced in
sections 4 and 4.1 of this appendix; and
(m) Section 5 as referenced in section
5 of this appendix.
0.2 AHAM DW–2–2020: Household
Electric Dishwashers
(a) Section 3.4 as referenced in
sections 2 and 2.3 of this appendix, and
through reference to sections 1.5 and
1.22 of AHAM DW–1–2020 in section 1
of this appendix.
(b) Section 3.5 through reference to
sections 1.5 and 1.22 of AHAM DW–1–
2020 in section 1 of this appendix.
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(c) Section 4.1 as referenced in section
2 of this appendix.
(d) Sections 5.3 through 5.8 as
referenced in section 2 of this appendix,
and through reference to sections 1.18,
1.19, and 1.20 of AHAM DW–1–2020 in
section 1 of this appendix.
0.3 IEC 62301
(a) Sections 4.2, 4.3.2, and 5.2 as
referenced in section 2 of this appendix;
and
(b) Sections 5.1, note 1, and 5.3.2 as
referenced in section 4 of this appendix.
1. Definitions
The definitions in sections 1.1
through 1.30 of AHAM DW–1–2020
apply to this test procedure, including
the applicable provisions of AHAM
DW–2–2020 as referenced in sections
1.5, 1.18, 1.19. 1.20, and 1.22 of AHAM
DW–1–2020.
2. Testing Conditions
The testing conditions in sections 2.1
through 2.11 of AHAM DW–1–2020
apply to this test procedure, including
the following provisions of:
(a) Sections 5.2, 4.3.2, and 4.2 of IEC
62301 as referenced in sections 2.1,
2.2.4, and 2.5.2 of AHAM DW–1–2020,
respectively, and
(b) Sections 5.3 through 5.8 of AHAM
DW–2–2020 as referenced in sections
2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM
DW–1–2020; section 3.4 of AHAM DW–
2–2020, excluding the accompanying
Note, as referenced in section 2.7.1 of
AHAM DW–1–2020; section 5.4 of
AHAM DW–2–2020 as referenced in
section 2.7.4 of AHAM DW–1–2020;
section 5.5 of AHAM DW–2–2020 as
referenced in section 2.7.5 of AHAM
DW–1–2020, and section 4.1 of AHAM
DW–2–2020 as referenced in section
2.10.1 of AHAM DW–1–2020.
Additionally, the following
requirements are also applicable.
2.1 Installation Requirements.
The installation requirements
described in section 2.1 of AHAM DW–
1–2020 are applicable to all
dishwashers, with the following
additions:
2.1.1 In-Sink Dishwashers.
For in-sink dishwashers, the
requirements pertaining to the
rectangular enclosure for under-counter
or under-sink dishwashers are not
applicable. For such dishwashers, the
rectangular enclosure must consist of a
front, a back, two sides, and a bottom.
The front, back, and sides of the
enclosure must be brought into the
closest contact with the appliance that
the configuration of the dishwasher will
allow. The height of the enclosure shall
be as specified in the manufacturer’s
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instructions for installation height. If no
instructions are provided, the enclosure
height shall be 36 inches. The
dishwasher must be installed from the
top and mounted to the edges of the
enclosure.
2.1.2 Dishwashers without a Direct
Water Line.
Manually fill the built-in water
reservoir to the full capacity reported by
The test load items described in
section 2.7.1 of AHAM DW–1–2020
apply to this test procedure, including
the applicable provisions of section 3.4
of AHAM DW–2–2020, as referenced in
section 2.7.1 of AHAM DW–1–2020.
The following test load items may be
used in the alternative.
Dishware/glassware/flatware item
Primary source
Description
Dinner Plate ..................
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Libbey ..........................
Oneida®—Accent ........
Oneida®—Accent ........
Oneida®—Accent ........
Oneida®—Accent ........
Oneida®—Flight ..........
Oneida®—Accent ........
10 inch Dinner Plate ...
6003893
6.75 inch Bread & Butter.
10 oz. Dessert Bowl ....
6003887
Arzberg ........................
6003899
Arzberg ........................
8500217100 or 2000–
00001–0217–1.
3820513100.
8 oz. Ceramic Cup ......
6014162
Arzberg ........................
1382–00001–4732.
6 inch Saucer ..............
6010972
Arzberg ........................
1382–00001–4731.
1 qt. Serving Bowl .......
6003911
9.5 inch Oval Platter ...
6011655
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
551 HT
2619KPVF
2619FRSF
2619FSLF
2619STSF
2865FCM
2619STBF
WMF—Gastro 0800 ....
WMF—Signum 1900 ...
WMF—Signum 1900 ...
WMF—Signum 1900 ...
WMF—Signum 1900 ...
WMF—Signum 1900 ...
12.0803.6047.
12.1905.6040.
12.1964.6040.
12.1910.6040.
12.1902.6040.
12.1904.6040.
Bread and Butter Plate
Fruit Bowl ......................
Cup ...............................
Saucer ...........................
Serving Bowl .................
Platter ............................
Glass—Iced Tea ...........
Flatware—Knife ............
Flatware—Dinner Fork ..
Flatware—Salad Fork ...
Flatware—Teaspoon .....
Flatware—Serving Fork
Flatware—Serving
Spoon.
lotter on DSK11XQN23PROD with RULES3
the manufacturer, using water at a
temperature in accordance with section
2.3 of AHAM DW–1–2020.
2.2 Water pressure.
The water pressure requirements
described in section 2.4 of AHAM DW–
1–2020 are applicable to all dishwashers
except dishwashers that do not have a
direct water line.
2.3 Test load items.
2.4 Preconditioning requirements.
The preconditioning requirements
described in section 2.9 of AHAM DW–
1–2020 are applicable to all
dishwashers. For dishwashers that do
not have a direct water line,
measurement of the prewash fill water
volume, Vpw, if any, and measurement
of the main wash fill water volume,
Vmw, are not taken.
2.5 Detergent.
The detergent requirements described
in section 2.10 of AHAM DW–1–2020
are applicable to all dishwashers. For
any dishwasher that does not have a
main wash detergent compartment and
the manufacturer does not recommend a
location to place the main wash
detergent, determine the amount of
main wash detergent (in grams)
according to section 2.10 of AHAM
DW–1–2020, or as specified below, and
place the detergent directly into the
dishwasher chamber.
Additionally, the following detergent
and dosage may also be used for all
dishwashers. Note that if the detergent
specified in section 2.10 of AHAM DW–
1–2020 is used, then the dosage
requirements specified in section 2.10 of
AHAM DW–1–2020 must be used.
Alternately, if the detergent specified
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Primary No.
below is used, the dosage requirements
specified below must be used.
Use Cascade with the Grease Fighting
Power of Dawn powder as the detergent
formulation. For all dishwashers other
than water re-use system dishwashers
determine the amount of detergent (in
grams) to be added to the prewash
compartment (if provided) or elsewhere
in the dishwasher (if recommended by
the manufacturer) and the main wash
compartment according to sections 2.6.1
and 2.6.2 of this appendix.
2.5.1 Detergent Dosing for
Dishwashers other than Water Re-use
System Dishwashers.
2.5.1.1 Prewash Detergent Dosing. If
the cycle setting for the test cycle
includes prewash, determine the
quantity of dry prewash detergent, Dpw,
in grams (g) that results in 0.25 percent
concentration by mass in the prewash
fill water as:
Dpw = Vpw × r × k × 0.25/100
Where,
Vpw = the prewash fill volume of water in
gallons,
r = water density = 8.343 pounds (lb)/gallon
for dishwashers to be tested at a nominal
inlet water temperature of 50 °F (10 °C),
8.250 lb/gallon for dishwashers to be
tested at a nominal inlet water
temperature of 120 °F (49 °C), and 8.205
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Alternate source
Alternate source No.
lb/gallon for dishwashers to be tested at
a nominal inlet water temperature of
140 °F (60 °C), and
k = conversion factor from lb to g = 453.6 g/
lb.
2.5.1.2 Main Wash Detergent Dosing.
Determine the quantity of dry main
wash detergent, Dmw, in grams (g) that
results in 0.25 percent concentration by
mass in the main wash fill water as:
Dmw = Vmw × r × k × 0.25/100
Where,
Vmw = the main wash fill volume of water in
gallons, and
r and k are defined in section 2.5.1.1 of this
appendix.
For dishwashers that do not have a
direct water line, the Vmw is equal to the
manufacturer reported water capacity
used in the main wash stage of the test
cycle.
2.5.2 Detergent Dosing for Water Reuse System Dishwashers. Use the same
detergent dosing requirement as
specified in section 2.10.2 of AHAM
DW–1–2020.
2.6 Connected functionality.
For dishwashers that can
communicate through a network (e.g.,
Bluetooth® or internet connection),
disable all network functions that can be
disabled by means provided in the
manufacturer’s user manual, for the
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duration of testing. If network functions
cannot be disabled by means provided
in the manufacturer’s user manual,
conduct the standby power test with
network function in the ‘‘as-shipped’’
condition.
3. Instrumentation
For this test procedure, the test
instruments are to be calibrated
annually according to the specifications
in sections 3.1 through 3.7 of AHAM
DW–1–2020, including the applicable
provisions of IEC 62301 as referenced in
section 3.6 of AHAM DW–1–2020.
Additionally, the following
requirements are also applicable.
3.1 Water meter.
The water meter requirements
described in section 3.3 of AHAM DW–
1–2020 are applicable to all dishwashers
except dishwashers that do not have a
direct water line. For such dishwashers
these water meter conditions do not
apply and water is added manually
pursuant to section 2.1.1 of this
appendix.
3.2 Water pressure gauge.
The water pressure gauge
requirements described in section 3.4 of
AHAM DW–1–2020 are applicable to all
dishwashers except dishwashers that do
not have a direct water line. For such
dishwashers these water pressure gauge
conditions do not apply and water is
added manually pursuant to section
2.1.1 of this appendix.
4. Test Cycle and Measurements
The test cycle and measurement
specifications in sections 4.1 through
4.2 of AHAM DW–1–2020 apply to this
test procedure, including section 5.1,
note 1, and section 5.3.2 of IEC 62301
as referenced in section 4.2 of AHAM
DW–1–2020. Additionally, the
following requirements are also
applicable.
4.1 Water consumption.
The water consumption requirements
described in section 4.1.4 of AHAM
DW–1–2020 are applicable to all
dishwashers except dishwashers that do
not have a direct water line. For such
dishwashers these water consumption
measurement requirements do not apply
and water consumption, V, is the value
reported by the manufacturer.
lotter on DSK11XQN23PROD with RULES3
5. Calculation of Derived Results From
Test Measurements
The calculations in section 5.1
through 5.7 of AHAM DW–1–2020
apply to this test procedure. The
following additional requirements are
also applicable:
(a) In sections 5.1.3, 5.1.4, 5.1.5, 5.4.3,
5.4.4, 5.4.5, and 5.7 of AHAM DW–1–
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Jkt 259001
2020, use N = 215 cycles/year in place
of N = 184 cycles/year.
(b) In section 5.7 of AHAM DW–1–
2020, use SLP = 8,465 for dishwashers
that are not capable of operating in fanonly mode.
(c) For dishwashers that do not have
a direct water line, water consumption
is equal to the volume of water use in
the test cycle, as specified by the
manufacturer.
(d) In sections 5.6.1.3, 5.6.1.4, 5.6.2.3,
and 5.6.2.4 of AHAM DW–1–2020, use
(C/e) in place of K.
■ 7. Appendix C2 to subpart B of part
430 is added to read as follows:
Appendix C2 to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Dishwashers
Note: Manufacturers must use the results of
testing under this appendix C2 to determine
compliance with any standards for
dishwashers provided in § 430.32(f)(1) that
are published after January 1, 2023.
Representations related to energy or water
consumption of dishwashers must be made
in accordance with the appropriate appendix
that applies (i.e., appendix C1 or appendix
C2) when determining compliance with the
relevant standard. Manufacturers may also
use appendix C2 to certify compliance with
any amended standards prior to the
applicable compliance date for those
standards.
0. Incorporation by Reference
In § 430.3, DOE incorporated by
reference the entire standard for AHAM
DW–1–2020 and AHAM DW–2–2020;
however, only enumerated provision of
AHAM DW–1–2020, AHAM DW–2–
2020, and IEC 62301 are applicable as
follows:
0.1 AHAM DW–1–2020
(a) Sections 1.1 through 1.30 as
referenced in section 1 of this appendix;
(b) Section 2.1 as referenced in
sections 2 and 2.1 of this appendix;
(c) Sections 2.2 through 2.3.3, sections
2.5 and 2.7, sections 2.7.2 through 2.8,
and section 2.11, as referenced in
section 2 of this appendix;
(d) Section 2.4 as referenced in
sections 2 and 2.2 of this appendix;
(e) Section 2.6.3 as referenced in
sections 2 and 2.3 of this appendix;
(f) Section 2.7.1 as referenced in
sections 2 and 2.4 of this appendix;
(g) Section 2.9 as referenced in
sections 2 and 2.5 of this appendix;
(h) Section 2.10 as referenced in
sections 2 and 2.6 of this appendix;
(i) Sections 3.1 through 3.2 and
sections 3.5 through 3.7 as referenced in
section 3 of this appendix;
(j) Section 3.3 as referenced in
sections 3 and 3.1 of this appendix;
(k) Section 3.4 as referenced in
sections 3 and 3.2 of this appendix;
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(l) Section 4.1 as referenced in
sections 4 and 4.1 of this appendix;
(m) Section 4.1.4 as referenced in
sections 4 and 4.1.2 of this appendix;
and
(n) Section 5 as referenced in section
5 of this appendix.
0.2
AHAM DW–2–2020
(a) Section 3.4 as referenced in
sections 2 and 2.4 of this appendix, and
through reference to sections 1.5 and
1.22 of AHAM DW–1–2020 in section 1
of this appendix.
(b) Section 3.5 through reference to
sections 1.5 and 1.22 of AHAM DW–1–
2020 in section 1 of this appendix.
(c) Section 4.1 as referenced in section
2 of this appendix.
(d) Sections 5.3 through 5.8 as
referenced in section 2 of this appendix,
and through reference to sections 1.18,
1.19 and 1.20 of AHAM DW–1–2020 in
section 1 of this appendix.
(e) Section 5.10 as referenced in
sections 2 and 2.8 of this appendix;
(f) Sections 5.10.1.1 as referenced in
sections 4 and 4.2 of this appendix; and
(g) Section 5.12.3.1 as referenced in
sections 5 and 5.1 of this appendix.
0.3
IEC 62301
(a) Sections 4.2, 4.3.2, and 5.2 as
referenced in section 2 of this appendix;
and
(b) Sections 5.1, note 1, and 5.3.2 as
referenced in section 4 of this appendix.
1. Definitions
The definitions in sections 1.1
through 1.30 of AHAM DW–1–2020
apply to this test procedure, including
the applicable provisions of AHAM
DW–2–2020 as referenced in sections
1.5, 1.18, 1.19, 1.20, and 1.22 of AHAM
DW–1–2020.
2. Testing Conditions
The testing conditions in Section 2.1
through 2.11 of AHAM DW–1–2020,
except sections 2.6.1 and 2.6.2, and the
testing conditions in section 5.10 of
AHAM DW–2–2020 apply to this test
procedure, including the following
provisions of:
(a) Sections 5.2, 4.3.2, and 4.2 of IEC
62301 as referenced in sections 2.1,
2.2.4, and 2.5.2 of AHAM DW–1–2020,
respectively, and
(b) Sections 5.3 through 5.8 of AHAM
DW–2–2020 as referenced in sections
2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM
DW–1–2020; section 3.4 of AHAM DW–
2–2020, excluding the accompanying
Note, as referenced in section 2.7.1 of
AHAM DW–1–2020; section 5.4 of
AHAM DW–2–2020 as referenced in
section 2.7.4 of AHAM DW–1–2020;
section 5.5 of AHAM DW–2–2020 as
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referenced in section 2.7.5 of AHAM
DW–1–2020, and section 4.1 of AHAM
DW–2–2020 as referenced in section
2.10.1 of AHAM DW–1–2020.
Additionally, the following
requirements are also applicable.
2.1 Installation Requirements.
The installation requirements
described in section 2.1 of AHAM DW–
1–2020 are applicable to all
dishwashers, with the following
additions:
2.1.1 In-Sink Dishwashers.
For in-sink dishwashers, the
requirements pertaining to the
rectangular enclosure for under-counter
or under-sink dishwashers are not
applicable. For such dishwashers, the
rectangular enclosure must consist of a
front, a back, two sides, and a bottom.
The front, back, and sides of the
enclosure must be brought into the
closest contact with the appliance that
the configuration of the dishwasher will
allow. The height of the enclosure shall
be as specified in the manufacturer’s
instructions for installation height. If no
instructions are provided, the enclosure
height shall be 36 inches. The
at the rated capacity of the dishwasher
and the test load shall be soiled as
follows at each soil load:
(a) Heavy soil load: soil two-thirds of
the place settings, excluding flatware
and serving pieces (rounded up to the
nearest integer) or one place setting,
whichever is greater;
(b) Medium soil load: soil one-quarter
of the place settings, excluding flatware
and serving pieces (rounded up to the
nearest integer) or one place setting,
whichever is smaller;
(c) Light soil load: soil one-quarter of
the place settings, excluding flatware
and serving pieces (rounded up to the
nearest integer) or one place setting,
whichever is smaller, using half the
quantity of soils specified for one place
setting.
2.4 Test load items.
The test load items described in
section 2.7.1 of AHAM DW–1–2020
apply to this test procedure, including
the applicable provisions of section 3.4
of AHAM DW–2–2020, as referenced in
section 2.7.1 of AHAM DW–1–2020.
The following test load items may be
used in the alternative.
Dishware/glassware/flatware item
Primary source
Description
Dinner Plate ..................
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Corning Comcor®/
Corelle®.
Libbey ..........................
Oneida®—Accent ........
Oneida®—Accent ........
Oneida®—Accent ........
Oneida®—Accent ........
Oneida®—Flight ..........
Oneida®—Accent ........
10 inch Dinner Plate ...
6003893
6.75 inch Bread & Butter.
10 oz. Dessert Bowl ....
6003887
Arzberg ........................
6003899
Arzberg ........................
8500217100 or 2000–
00001–0217–1.
3820513100.
8 oz. Ceramic Cup ......
6014162
Arzberg ........................
1382–00001–4732.
6 inch Saucer ..............
6010972
Arzberg ........................
1382–00001–4731.
1 qt. Serving Bowl .......
6003911
9.5 inch Oval Platter ...
6011655
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
551 HT
2619KPVF
2619FRSF
2619FSLF
2619STSF
2865FCM
2619STBF
WMF—Gastro 0800 ....
WMF—Signum 1900 ...
WMF—Signum 1900 ...
WMF—Signum 1900 ...
WMF—Signum 1900 ...
WMF—Signum 1900 ...
12.0803.6047.
12.1905.6040.
12.1964.6040.
12.1910.6040.
12.1902.6040.
12.1904.6040.
Bread and Butter Plate
Fruit Bowl ......................
Cup ...............................
Saucer ...........................
Serving Bowl .................
Platter ............................
Glass—Iced Tea ...........
Flatware—Knife ............
Flatware—Dinner Fork ..
Flatware—Salad Fork ...
Flatware—Teaspoon .....
Flatware—Serving Fork
Flatware—Serving
Spoon.
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dishwasher must be installed from the
top and mounted to the edges of the
enclosure.
2.1.2 Dishwashers without a Direct
Water Line.
Manually fill the built-in water
reservoir to the full capacity reported by
the manufacturer, using water at a
temperature in accordance with section
2.3 of AHAM DW–1–2020.
2.2 Water pressure.
The water pressure requirements
described in section 2.4 of AHAM DW–
1–2020 are applicable to all dishwashers
except dishwashers that do not have a
direct water line.
2.3 Non-soil-sensing and soilsensing dishwashers to be tested at a
nominal inlet temperature of 50 °F,
120 °F, or 140 °F.
The test load and soiling requirements
for all non-soil-sensing and soil-sensing
dishwashers shall be the same as those
requirements specified in section 2.6.3
of AHAM DW–1–2020 for soil-sensing
dishwashers. Additionally, both nonsoil-sensing and soil-sensing compact
dishwashers that have a capacity of less
than four place settings shall be tested
2.5 Preconditioning requirements.
The preconditioning requirements
described in section 2.9 of AHAM DW–
1–2020 are applicable to all dishwashers
except the measurement of the prewash
fill water volume, Vpw, if any, and
measurement of the main wash fill
water volume, Vmw, are not required.
2.6 Detergent.
The detergent requirements described
in section 2.10 of AHAM DW–1–2020
are applicable to all dishwashers. For
any dishwasher that does not have a
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Primary No.
Alternate source
main wash detergent compartment and
the manufacturer does not recommend a
location to place the main wash
detergent, place the detergent directly
into the dishwasher chamber.
2.7 Connected functionality.
For dishwashers that can
communicate through a network (e.g.,
Bluetooth® or internet connection),
disable all network functions that can be
disabled by means provided in the
manufacturer’s user manual, for the
duration of testing. If network functions
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Sfmt 4700
Alternate source No.
cannot be disabled by means provided
in the manufacturer’s user manual,
conduct the standby power test with
network function in the ‘‘as-shipped’’
condition.
2.8 Evaluation Room Lighting
Conditions.
The lighting setup in the evaluation
room where the test load is scored shall
be according to the requirements
specified in section 5.10 of AHAM DW–
2–2020.
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
3. Instrumentation
For this test procedure, the test
instruments are to be calibrated
annually according to the specifications
in section 3.1 through 3.7 of AHAM
DW–1–2020, including the applicable
provisions of IEC 62301 as referenced in
section 3.6 of AHAM DW–1–2020.
Additionally, the following
requirements are also applicable.
3.1 Water meter.
The water meter requirements
described in section 3.3 of AHAM DW–
1–2020 are applicable to all dishwashers
except dishwashers that do not have a
direct water line. For such dishwashers
these water meter conditions do not
apply and water is added manually
pursuant to section 2.1.1 of this
appendix.
3.2 Water pressure gauge.
The water pressure gauge
requirements described in section 3.4 of
AHAM DW–1–2020 are applicable to all
dishwashers except dishwashers that do
not have a direct water line. For such
dishwashers these water pressure gauge
conditions do not apply and water is
added manually pursuant to section
2.1.1 of this appendix.
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4. Test Cycle and Measurements
The test cycle and measurement
specifications in sections 4.1 through
4.2 of AHAM DW–1–2020 and the
scoring specifications in section 5.10.1.1
of AHAM DW–2–2020 apply to this test
procedure, including section 5.1, note 1,
and section 5.3.2 of IEC 62301 as
referenced in section 4.2 of AHAM DW–
1–2020. Additionally, the following
requirements are also applicable.
4.1 Active mode cycle.
The active mode energy consumption
measurement requirements described in
section 4.1 of AHAM DW–1–2020 are
applicable to all dishwashers.
Additionally, the following
requirements are also applicable:
(a) After the completion of each test
cycle (sensor heavy response, sensor
medium response, and sensor light
response), the test load shall be scored
according to section 4.2 of this appendix
and its cleaning index calculated
according to section 5.1 of this
appendix.
(b) A test cycle is considered valid if
its cleaning index is 70 or higher;
otherwise, the test cycle is invalid and
the data from that test run is discarded.
(c) For soil-sensing dishwashers, if the
test cycle at any soil load is invalid,
clean the dishwasher filter according to
manufacturer’s instructions and repeat
the test at that soil load on the most
energy-intensive cycle (determined as
provided in section 4.1.1 of this
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20:07 Jan 17, 2023
Jkt 259001
appendix) that achieves a cleaning
index of 70 or higher.
(d) For non-soil-sensing dishwashers,
perform testing as described in section
4.1.a through 4.1.c of this appendix,
except that, if a test cycle at a given soil
load meets the cleaning index threshold
criteria of 70 when tested on the normal
cycle, no further testing is required for
test cycles at lesser soil loads.
4.1.1 Determination of most energyintensive cycle.
If the most energy-intensive cycle is
not known and needs to be determined
via testing, ensure the filter is cleaned
as specified in the manufacturer’s
instructions and test each available
cycle type, selecting the default cycle
options for that cycle type. In the
absence of manufacturer
recommendations on washing and
drying temperature options, the highest
energy consumption options must be
selected. Following the completion of
each test cycle, the machine electrical
energy consumption and water
consumption shall be measured
according to sections 4.1.1 and 4.1.4 of
AHAM DW–1–2020, respectively. The
total cycle energy consumption, EMEI, of
each tested cycle type shall be
calculated according to section 5.2 of
this appendix. The most energyintensive cycle is the cycle type with
the highest value of EMEI.
For standard dishwashers, test each
cycle with a clean load of eight place
settings plus six serving pieces, as
specified in section 2.7 of AHAM DW–
1–2020. For compact dishwashers, test
each cycle with a clean load of four
place settings plus six serving pieces, as
specified in section 2.7 of AHAM DW–
1–2020. If the capacity of the
dishwasher, as stated by the
manufacturer, is less than four place
settings, then the test load must be the
stated capacity.
4.1.2 Water consumption.
The water consumption requirements
described in section 4.1.4 of AHAM
DW–1–2020 are applicable to all
dishwashers except dishwashers that do
not have a direct water line. For such
dishwashers these water consumption
measurement requirements do not apply
and water consumption, V, is the value
reported by the manufacturer.
4.2 Scoring.
Following the termination of an active
mode test, each item in the test load
shall be scored on a scale from 0 to 9
according to the instructions in section
5.10.1.1 of AHAM DW–2–2020.
5. Calculation of Derived Results From
Test Measurements
The calculations in sections 5.1
through 5.7 of AHAM DW–1–2020 and
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Fmt 4701
Sfmt 4700
3281
section 5.12.3.1 of AHAM DW–2–2020
apply to this test procedure. The
following additional requirements are
also applicable:
(a) For both soil-sensing and non-soilsensing dishwashers, use the equations
specified for soil-sensing dishwashers.
(b) If a non-soil-sensing dishwasher is
not tested at a certain soil load as
specified in section 4.1.d of this
appendix, use the energy and water
consumption values of the preceding
soil load when calculating the weighted
average energy and water consumption
values (i.e., if the sensor medium
response and sensor light response tests
on the normal cycle are not conducted,
use the values of the sensor heavy
response test for all three soil loads; if
only the sensor light response test is not
conducted, use the values of the sensor
medium response test for the sensor
light response test).
(c) For dishwashers that do not have
a direct water line, water consumption
is equal to the volume of water use in
the test cycle, as specified by the
manufacturer.
(d) In sections 5.6.1.3, 5.6.1.4, 5.6.2.3,
and 5.6.2.4 of AHAM DW–1–2020, use
(C/e) in place of K.
5.1 Cleaning Index.
Determine the per-cycle cleaning
index for each test cycle using the
equation in section 5.12.3.1 of AHAM
DW–2–2020.
5.2 Calculation for determination of
the most energy-intensive cycle type.
The total cycle energy consumption
for the determination of the most
energy-intensive cycle specified in
section 4.1.1 of this appendix is
calculated for each tested cycle type as:
EMEI = M + EF¥(ED/2) + W
where,
M = per-cycle machine electrical energy
consumption, expressed in kilowatt
hours per cycle,
EF = fan-only mode electrical energy
consumption, if available on the tested
cycle type, expressed in kilowatt hours
per cycle,
ED = drying energy consumed using the
power-dry feature after the termination
of the last rinse option of the tested cycle
type, if available on the tested cycle type,
expressed in kilowatt hours per cycle,
and
W = water energy consumption and is
defined as:
V × T × K, for dishwashers using electrically
heated water, and
V × T × C/e, for dishwashers using gas-heated
or oil-heated water.
Additionally,
V = water consumption in gallons per cycle,
T = nominal water heater temperature rise
and is equal to 90 °F for dishwashers that
operate with a nominal 140 °F inlet water
temperature, and 70 °F for dishwashers
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18JAR3
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
that operate with a nominal 120 °F inlet
water temperature,
K = specific heat of water in kilowatt-hours
per gallon per degree Fahrenheit =
0.0024,
C = specific heat of water in Btu’s per gallon
per degree Fahrenheit = 8.2, and
e = nominal gas or oil water heater recovery
efficiency = 0.75.
8. Section 430.32 is amended by
revising paragraph (f) to read as follows:
■
§ 430.32 Energy and water conservation
standards and their compliance dates.
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*
*
*
VerDate Sep<11>2014
*
*
20:07 Jan 17, 2023
Jkt 259001
(f) Dishwashers. (1) All dishwashers
manufactured on or after May 30, 2013,
shall meet the following standard—
(i) Standard size dishwashers shall
not exceed 307 kwh/year and 5.0
gallons per cycle. Standard size
dishwashers have a capacity equal to or
greater than eight place settings plus six
serving pieces as specified in AHAM
DW–1–2020 (incorporated by reference,
see § 430.3) using the test load specified
in section 2.3 of appendix C1 or section
2.4 of appendix C2 in subpart B of this
part, as applicable.
PO 00000
Frm 00050
Fmt 4701
Sfmt 9990
(ii) Compact size dishwashers shall
not exceed 222 kwh/year and 3.5
gallons per cycle. Compact size
dishwashers have a capacity less than
eight place settings plus six serving
pieces as specified in AHAM DW–1–
2020 (incorporated by reference, see
§ 430.3) using the test load specified in
section 2.3 of appendix C1 or section 2.4
of appendix C2 in subpart B of this part,
as applicable.
(2) [Reserved]
*
*
*
*
*
[FR Doc. 2022–27879 Filed 1–17–23; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\18JAR3.SGM
18JAR3
]]>Agencies
[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 3234-3282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27879]
[[Page 3233]]
Vol. 88
Wednesday,
No. 11
January 18, 2023
Part V
Department of Energy
-----------------------------------------------------------------------
10 CFR Parts 429 and 430
Energy Conservation Program: Test Procedure for Dishwashers; Final Rule
Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 /
Rules and Regulations
[[Page 3234]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE-2016-BT-TP-0012]
RIN 1904-AD96
Energy Conservation Program: Test Procedure for Dishwashers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is amending the
current test procedures for dishwashers, adopting a new test procedure
appendix, incorporating by reference Association of Home Appliance
Manufacturers (``AHAM'') standards--AHAM DW-1-2020 and DW-2-2020--and
applying certain provisions of the industry standards to the test
procedures appendices. The amendments to the current appendix establish
requirements for water hardness, relative humidity, and loading
pattern; update requirements for ambient temperature, detergent dosage,
and standby power measurement; and include testing approaches from
published dishwasher waivers. The new test procedure appendix
additionally includes provisions for a minimum cleaning index threshold
to validate the selected test cycle and updated annual number of cycles
and low-power mode hours for the calculation of annual energy
consumption.
DATES: The effective date of this rule is February 17, 2023. The
amendments to appendix C1 will be mandatory for product testing
starting July 17, 2023. Manufacturers will be required to use the
amended test procedure at appendix C1 until the compliance date of any
final rule establishing amended energy conservation standards based on
the newly established test procedure at appendix C2. At such time,
manufacturers will be required to begin using the newly established
test procedure at appendix C2. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register on February 17, 2023.
ADDRESSES: The docket, which includes Federal Register notices, webinar
attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2016-BT-TP-0012. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
FOR FURTHER INFORMATION CONTACT: Dr. Carl Shapiro, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-5649. Email:
[email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE maintains and updates a previously
approved incorporation by reference and incorporates by reference the
following industry standards into title 10 of the Code of Federal
Regulations (``CFR'') part 430:
AHAM DW-1-2020, ``Uniform Test Method for Measuring the Energy
Consumption of Dishwashers'', (copyright 2020).
AHAM DW-2-2020, ``Household Electric Dishwashers'', (copyright 2020).
Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from
Association of Home Appliance Manufacturers, 1111 19th Street NW, Suite
402, Washington, DC 20036; or by going to AHAM's online store at
www.aham.org/AHAM/AuxStore.
IEC 62301 (``IEC 62301 Ed. 2.0''), ``Household electrical appliances--
Measurement of standby power,'' (Edition 2.0, 2011-01).
A copy of IEC 62301 Ed. 2.0 can be obtained from the International
Electrotechnical Commission (``IEC''), 3 Rue de Varembe, Case Postale
131, 1211 Geneva 20, Switzerland; +41 22 919 02 11, https://webstore.iec.ch/.
For a further discussion of these standards, see section IV.N of
this document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope of Applicability
C. Updates to Industry Standards
D. Metrics
E. Test Setup
1. Water Hardness
2. Relative Humidity
3. Ambient Temperature
4. 208-Volt Power
5. Built-In Water Reservoir
6. In-Sink Installation
7. Absence of Main Detergent Compartment
8. Water Meter
F. Test Cycle Amendments
1. Cycle Selections
2. Drying Energy Measurement
3. Annual Number of Cycles
G. Energy and Water Consumption Test Methods
1. Test Load Items
2. Soils
3. Loading Pattern
4. Preconditioning Cycles
5. Detergent
6. Rinse Aid
7. Water Softener Regeneration Cycles
8. Water Re-Use System
9. Water Heater Efficiency
H. Cleaning Performance
1. General Comments
2. Cleaning Performance Test Method
3. Cleaning Index Threshold
4. Validation of the Test Cycle
5. Determining the Most Energy-Intensive Cycle
I. Standby Mode Test Method
1. Standby Power Measurement
2. Annual Combined Low-Power Mode Energy Consumption Calculation
J. Network Mode
K. Test Cycle Duration and Updates to 10 CFR 430.32
L. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
M. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
[[Page 3235]]
I. Authority and Background
Dishwashers are included in the list of ``covered products'' for
which the U.S. Department of Energy (``DOE'') is authorized to
establish and amend energy conservation standards and test procedures.
(42 U.S.C. 6292(a)(6)) DOE's test procedure for dishwashers is
currently prescribed at 10 CFR 430.23(c) and appendix C1 to subpart B
of part 430 (``appendix C1''). The following sections discuss DOE's
authority to establish test procedures for dishwashers and relevant
background information regarding DOE's consideration of test procedures
for this product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include dishwashers, the subject of this document. (42 U.S.C.
6292(a)(6))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle (as determined by the Secretary) or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including
dishwashers, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. (Id.) Any such amendment must consider the
most current versions of the International Electrotechnical Commission
(``IEC'') Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable.
(42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------
\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018).
---------------------------------------------------------------------------
DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Background
DOE most recently amended its dishwasher test procedures in a final
rule published October 31, 2012, that established a new test procedure
at appendix C1. 77 FR 65942 (``October 2012 Final Rule''). (For
additional information on the history of test procedure rulemaking for
dishwashers, please see the October 2012 Final Rule.) Appendix C1
follows the same general procedures as those included in the previously
established appendix (i.e., ``appendix C''), with updates to: (1)
revise the provisions for measuring energy consumption in standby mode
or off mode; (2) add requirements for dishwashers with water softeners
to account for regeneration cycles; (3) require an additional
preconditioning cycle; (4) include clarifications regarding certain
definitions, test conditions, and test setup; and (5) replace obsolete
test load items and soils. 77 FR 65942, 65982-65987. Appendix C1 is
currently required to demonstrate compliance with DOE's energy
conservation standards for dishwashers at 10 CFR 430.32(f).
The current version of the DOE test procedure includes provisions
for determining estimated annual energy use (``EAEU'') in kilowatt-
hours per year (``kWh/year''), estimated annual operating cost
(``EAOC'') in dollars per year, and water consumption in gallons
[[Page 3236]]
per cycle (``gal/cycle''). 10 CFR 430.23(c). On December 13, 2016, DOE
published a final determination (``December 2016 Final Determination'')
regarding the energy conservation standards for dishwashers in which
DOE removed appendix C, which was applicable only to dishwashers
manufactured before May 30, 2013. See 81 FR 90072, 90073.
On August 20, 2019, DOE published a request for information
(``August 2019 RFI'') seeking comments on the existing test procedure
for dishwashers. 84 FR 43071. In the August 2019 RFI, DOE requested
comments, information, and data about a number of issues, including
cycle selections, cycle options, test load items, soils, annual number
of cycles, loading pattern, detergent, rinse aid, water hardness,
standby testing, room ambient conditions, incorporating requirements
from existing waivers for testing dishwashers, repeatability and
reproducibility of the test procedure, and efficiency metrics. Id.
On December 22, 2021, DOE published a notice of proposed rulemaking
(``December 2021 NOPR'') that proposed to amend appendix C1, adopt a
new test in appendix C2, incorporate by reference AHAM standards--AHAM
DW-1-2020, ``Uniform Test Method for Measuring the Energy Consumption
of Dishwashers'' (``AHAM DW-1-2020'') and AHAM DW-2-2020, ``Household
Electric Dishwashers'' (``AHAM DW-2-2020'')--and apply certain
provisions of the industry standards to the test procedures appendices,
and include provisions for a minimum cleaning index threshold to
validate the selected test cycle. 86 FR 72738. DOE requested comments
from interested parties on the proposal. Id. DOE received comments in
response to the December 2021 NOPR from the interested parties listed
in Table I.1.
---------------------------------------------------------------------------
\5\ AHAM's supplemental comment (No. 26) was received 192 days
after the comment submission deadline. DOE generally will not
consider late-filed comments, but may exercise its discretion to do
so where necessary and appropriate. In this case, DOE is considering
AHAM's comment because its tardiness has not disrupted DOE's
consideration of this matter and because the comment regards a
subject important to this matter.
Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance AHAM...................... \5\ 17, 26 Trade Association.
Manufacturers.
Pacific Gas and Electric Company, San CA IOUs................... 19 Utilities.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
GE Appliances, a Haier company.......... GEA....................... 20 Manufacturer.
Appliance Standards Awareness Project, Joint Commenters.......... 18 Efficiency Organizations.
National Consumer Law Center, on behalf
of its low-income clients, and Natural
Resources Defense Council.
Samsung Electronics America, Inc........ Samsung................... 21 Manufacturer.
Whirlpool Corporation................... Whirlpool................. 16 Manufacturer.
----------------------------------------------------------------------------------------------------------------
DOE also received feedback from AHAM during an ex parte meeting
held on October 19, 2022 (``October 2022 ex parte meeting''). (AHAM,
No. 27)
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the February 3, 2022, public meeting (hereafter referred to as
the ``December 2021 NOPR public meeting''), DOE cites the written
comments throughout this final rule. Any oral comments provided during
the webinar that are not substantively addressed by written comments
are summarized and cited separately throughout this final rule.
---------------------------------------------------------------------------
\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for dishwashers. (Docket No. EERE-2016-BT-TP-0012,
which is maintained at www.regulations.gov.) The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE incorporates by reference into 10 CFR part
430 the new industry standards AHAM DW-1-2020 and AHAM DW-2-2020.
Specifically, this final rule amends the dishwasher test procedure to:
(1) Incorporate by reference AHAM DW-1-2020 into 10 CFR part 430
and apply certain provisions of the industry standards to appendix C1,
including the following:
a. Add the water hardness specification in section 2.11 of AHAM DW-
1-2020;
b. Add the relative humidity specification in section 2.5.1 of AHAM
DW-1-2020 and the associated tolerance for the measurement instrument
in Section 3.7 of AHAM DW-1-2020;
c. Update the active mode ambient temperature as specified in
section 2.5.1 of AHAM DW-1-2020;
d. Update the loading pattern requirement by applying the direction
specified in section 2.6 of AHAM DW-1-2020;
e. Update the specifications for detergent usage consistent with
section 2.10 of AHAM DW-1-2020. This includes changing the type of
detergent used and the calculation of detergent dosage to be used for
the prewash and main wash cycles of dishwashers other than water re-use
system dishwashers;
f. Add specific dishwasher door configuration requirements during
standby mode testing by incorporating the specifications in section 4.2
of AHAM DW-1-2020 and update the annual combined low-power mode hours
based on cycle duration; and
g. Incorporate the requirements from AHAM DW-1-2020 for the test
methods pertaining to two granted waivers for dishwashers with specific
design features.
(2) Establish new appendix C2, which would generally require
testing as in appendix C1, with the following additional updates:
a. Specify provisions for scoring the test load and calculating a
per-cycle cleaning index metric as specified in AHAM DW-2-2020 and
establish a minimum cleaning index threshold of 70 as a condition for a
test cycle to be valid.
b. Update number of annual cycles and low-power mode hours used for
calculating the estimated annual energy use as specified in Section 5
of AHAM DW-1-2020.
For both appendix C1 and new appendix C2, this final rule
additionally adds provisions to incorporate the test methods specified
in a waiver for testing a basic model of dishwasher that does not hook
up to a water supply line, but has a manually filled, built-in water
[[Page 3237]]
tank and in a waiver for basic models of dishwashers that are installed
in-sink (as opposed to built-in to the cabinetry or placed on
countertops).
The adopted amendments are summarized in Table II.1 compared to the
test procedure provision prior to the amendment, as well as the reason
for the adopted change.
Table II.1--Summary of Changes in the Amended Test Procedure
----------------------------------------------------------------------------------------------------------------
Applicable test
DOE test procedure prior to amendment Amended test procedure procedure Attribution
----------------------------------------------------------------------------------------------------------------
References provisions of ANSI/AHAM DW- References provisions Appendix C1 and Harmonize with industry
1-2010 for some aspects of the test of AHAM DW-1-2020 appendix C2. standard and practice.
procedure. newly incorporated
into 10 CFR part 430,
with limited
modifications.
Does not specify a water hardness Adds water hardness Appendix C1 and Harmonize with industry
requirement. requirement to be appendix C2. standard and practice.
consistent with AHAM
DW-1-2020, which
specifies 0 to 85
parts per million of
calcium carbonate.
Does not specify any range for Adds a relative Appendix C1 and Harmonize with industry
relative humidity. humidity (``RH'') appendix C2. standard and practice.
requirement consistent
with AHAM DW-1-2020,
which specifies 35
percent
15 percent.
Does not specify any instrumentation References the Appendix C1 and Harmonize with industry
for measuring relative humidity. instrumentation appendix C2. standard and practice.
requirements from AHAM
DW-1-2020 for
measuring relative
humidity.
Specifies that the ambient References the ambient Appendix C1 and Harmonize with industry
temperature must be maintained at 75 temperature appendix C2. standard and practice.
[deg]F 5 [deg]F. requirement from AHAM
DW-1-2020, including
maintaining it at a
target temperature of
75 [deg]F.
Does not specify a loading pattern... References the loading Appendix C1 and Harmonize with industry
pattern from AHAM DW-1- appendix C2. standard and practice.
2020, which specifies
the same loading
requirements as the
ENERGY STAR Cleaning
Performance Test
Method.
References the detergent type and References the Appendix C1 and Harmonize with industry
detergent dosing requirements from detergent type and appendix C2. standard and practice.
ANSI/AHAM DW-1-2010, which specifies detergent dosing
Cascade with the Grease Fighting requirements from AHAM
Power of Dawn as the detergent and DW-1-2020, which
dosing requirements based on water references AHAM DW-2-
volumes in the prewash and main wash 2020 and specifies
cycles. Cascade Complete
Powder detergent and
dosing requirements
based on number of
place settings.
Uses 215 annual cycles for Reduces the annual Appendix C2............ Improve
calculating annual energy use. number of cycles to representativeness.
184 for calculating
annual energy use.
Does not specify whether the References the Appendix C1 and Harmonize with industry
dishwasher door should be open or requirement from AHAM appendix C2. standard and practice.
closed during standby mode testing. DW-1-2020, which
specifies that the
door must be opened at
the end of an active
cycle and closed
immediately prior to
standby power
measurement.
Uses 8,465 hours to calculate References the Appendix C2............ Harmonize with industry
combined low-power mode energy requirement from AHAM standard and practice.
consumption for dishwashers that do DW-1-2020 to use the
not have a fan-only mode. measured cycle
duration to calculate
combined low-power
mode hours.
Does not include a method to test Adds a test method from Appendix C1 and Response to waiver and
dishwashers operating on 208-volt AHAM DW-1-2020 to test appendix C2. harmonize with
power supply. dishwashers intended industry standard and
for a 208-volt power practice.
supply.
Does not include a method to test Adds a test method from Appendix C1 and Response to waiver and
dishwashers with a water re-use AHAM DW-1-2020 for appendix C2. harmonize with
system that uses water recovered dishwashers with a industry standard and
from prior use. water re-use system. practice.
Specifies installation instructions Specifies installation Appendix C1 and Response to waiver.
and test provisions only for instructions and test appendix C2.
dishwashers that connect to a water provisions for
supply line. dishwashers that do
not connect to a water
supply line, but
instead have a built-
in water tank.
Specifies installation instructions Specifies installation Appendix C1 and Response to waiver.
only for under-counter and under- instructions for ``in- appendix C2.
sink dishwashers. sink'' dishwashers.
Requires placing detergent within a Specifies detergent Appendix C1 and Response to waiver.
main wash detergent compartment. placement instructions appendix C2.
for dishwashers that
do not have a main
wash detergent
compartment.
Does not specify a minimum cleaning Requires measurement of Appendix C2............ Ensure the test
index threshold to validate a test a per-cycle cleaning procedure produces
cycle. index based on section test results which
5.12.3.1 of AHAM DW-2- measure energy and
2020 (i.e., reflecting water use during a
soil particles only), representative average
and establishes a use cycle.
threshold value of 70
as a condition for a
test cycle to be valid.
----------------------------------------------------------------------------------------------------------------
DOE has determined that the amendments adopted in this final rule
would not require DOE to amend the energy and water conservation
standards for dishwashers. The additional amendments specified in the
newly established appendix C2 would alter the calculated energy
consumption of dishwashers as discussed further in each relevant
section of this final rule. However, testing in accordance with
appendix C2 would not be required until such time as compliance is
required with any amended energy conservation standards based on
appendix C2. Discussion of DOE's actions are addressed in detail in
section III of this document.
[[Page 3238]]
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedure in
appendix C1 beginning 180 days after the publication of this final
rule.
III. Discussion
In the December 2021 NOPR, DOE requested stakeholder feedback on
several topics including test setup, test cycles, energy and water
consumption test methods, cleaning performance, and standby mode test
method. 86 FR 72738. In the following sections, DOE addresses the
topics on which it requested feedback in the December 2021 NOPR,
summarizes stakeholder comments received, responds to these comments,
and finalizes the test procedure based on comments and DOE's analyses.
A. General Comments
AHAM commented that it supported DOE in its efforts to save energy
and ensure a national marketplace through the Appliance Standards
Program. AHAM stated that repeatable and reproducible test procedures
that are representative of average consumer use, but not unduly
burdensome to conduct, are an integral part of the standards program.
(AHAM, No. 17 at p. 1) AHAM also commented that it supported DOE's
decision to incorporate by reference AHAM DW-1-2020 into the dishwasher
test procedure at 10 CFR part 430. (AHAM, No. 17 at pp. 1-2) The CA
IOUs commented that they support several changes DOE has made to
improve representativeness of the test procedure regarding water
hardness, relative humidity, and loading pattern. (CA IOUs, No. 19 at
p. 4)
GEA commented that it supported comments submitted by AHAM. (GEA,
No. 20 at p. 2) Whirlpool commented that it supported many of DOE's
proposals from the December 2021 NOPR, which largely harmonize with
existing industry standards. (Whirlpool, No. 16 at p. 3)
AHAM also commented that the 60-day December 2021 NOPR comment
period and the comment period for the preliminary analysis evaluating
amended energy conservation standards for dishwashers that DOE
published on January 24, 2022 (``January 2022 Preliminary Analysis;''
87 FR 3450) \7\ overlapped by 30 days and that DOE should have first
considered stakeholder comments on the major changes proposed in the
December 2021 NOPR, particularly in light of the scant data DOE
provided on the docket to support the inclusion of a cleaning
performance requirement or the performance threshold chosen in the test
procedure, before proceeding with the energy conservation standard
itself. (AHAM, No. 17 at p. 18)
---------------------------------------------------------------------------
\7\ The Notification of a Webinar and Availability of the
Preliminary Technical Support Document for energy conservation
standards for dishwashers, along with the Preliminary Technical
Support Document, are available at www.regulations.gov/docket/EERE-2019-BT-STD-0039.
---------------------------------------------------------------------------
AHAM commented that it recognized and supported DOE's interest in
moving rulemakings forward, especially rules such as the dishwasher
energy conservation standards and test procedure, which have missed
statutory deadlines, but DOE should have released the test procedure
proposal before conducting its preliminary analysis. AHAM suggested
that this would have provided both commenters and DOE more time to
understand the impact of a proposed test on potential standards while
allowing the rulemaking process to move along more swiftly. (AHAM, No.
17 at pp. 18-19) AHAM commented that DOE's desire to move quickly on
the standards and test procedure rulemakings was disingenuous, given
that it had missed statutory deadlines before and diminished the value
of early stakeholder engagement, which is problematic given the
significance of the proposal. (AHAM, No. 17 at p. 19)
In response to AHAM's comment regarding the publication of the
December 2021 NOPR and the January 2022 Preliminary Analysis, neither
the prior version nor the current version of DOE's ``Procedures,
Interpretations, and Policies for Consideration of New or Revised
Energy Conservation Standards and Test Procedures for Consumer Products
and Certain Commercial/Industrial Equipment'' (``Process Rule'')
specify that a final amended test procedure will be issued prior to
issuing standards pre-NOPR rulemaking documents (e.g., a standards
preliminary analysis). See 10 CFR part 430, subpart C, appendix A (Jan.
1, 2020 edition); 86 FR 70892, 70928 (Dec. 13, 2021). Additionally at
the time the January 2022 Preliminary Analysis was published, the
current version of the Process Rule was in effect and it generally
provides that new test procedures and amended test procedures that
impact measured energy use or efficiency will be finalized at least 180
days prior to the close of the comment period for a NOPR proposing new
or amended energy conservation standards. 86 FR 70892, 70928. DOE will
continue to conduct additional analyses based on this finalized test
procedure before proposing any new energy conservation standards, and
stakeholders will be provided an opportunity to comment on any updated
analysis as part of any proposal published regarding amended standards.
B. Scope of Applicability
This rulemaking applies to dishwashers. A dishwasher is a cabinet-
like appliance, which with the aid of water and detergent, washes,
rinses, and dries (when a drying process is included) dishware,
glassware, eating utensils, and most cooking utensils by chemical,
mechanical, and/or electrical means and discharges to the plumbing
drainage system. 10 CFR 430.2. DOE is not amending the scope of the
dishwasher test procedure.
C. Updates to Industry Standards
The current dishwasher test procedure at appendix C1 references the
AHAM industry standard, ANSI/AHAM DW-1-2010, for certain provisions of
the DOE test procedure. ANSI/AHAM DW-1-2010 includes test methods to
determine dishwasher cleaning performance and energy and water
consumption among other tests. ANSI/AHAM DW-1-2010 was superseded by
AHAM DW-1-2019, which contains updates pertaining to the number of
place settings, detergent dosage, etc. and includes test methods for
evaluating cleaning performance, but does not include the measurements
of energy and water consumption that were previously included in ANSI/
AHAM DW-1-2010. AHAM DW-1-2019 was further superseded by AHAM DW-2-
2020,\8\ which also includes test methods for evaluating cleaning
performance but does not include test methods for determining energy
and water consumption. Additionally, AHAM published AHAM DW-1-2020,
which is an industry test procedure for determining the energy and
water consumption of dishwashers and updates the relevant energy and
water consumption test method provisions that were previously specified
in ANSI/AHAM DW-1-2010. The following paragraphs provide an overview of
the two most recently published standards, AHAM DW-1-2020 and AHAM DW-
2-2020.
---------------------------------------------------------------------------
\8\ AHAM updated its numbering scheme for dishwasher standards,
wherein DW-2 measures cleaning performance, whereas DW-1 measures
energy and water consumption.
---------------------------------------------------------------------------
[[Page 3239]]
AHAM DW-1-2020 specifies definitions, testing conditions,
instrumentation, test cycle and measurements, and calculations for
energy and water consumption of dishwashers. AHAM DW-1-2020 also
references the IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power'', Edition 2.0, 2011-01 (``IEC 62301 Ed.
2.0'') for measuring standby mode and off mode power consumption. AHAM
DW-1-2020 was developed by AHAM based upon the current appendix C1 and
references, as applicable, AHAM DW-2-2020 in each instance, where
appendix C1 currently references ANSI/AHAM DW-1-2010.\9\
---------------------------------------------------------------------------
\9\ The current references to ANSI/AHAM DW-1-2010 specify place
settings, serving pieces, soiling procedures, loading procedures,
and detergent specifications--all of which are now specified in AHAM
DW-2-2020.
---------------------------------------------------------------------------
AHAM DW-2-2020 supersedes the AHAM DW-1-2019 industry standard,
which superseded ANSI/AHAM DW-1-2010. AHAM included minor changes and
illustrations to improve consistency throughout the document, to
reflect the latest representative items used for testing, and to
eliminate ambiguity in test preparation. In the December 2021 NOPR, DOE
proposed to reference relevant sections of AHAM DW-2-2020, which
includes setup, measurement, and calculation instructions for
evaluating dishwasher cleaning performance, for its proposal to specify
a per-cycle cleaning index threshold as a condition for a valid test
cycle. 86 FR 72738, 72743.
In the December 2021 NOPR, DOE proposed to incorporate by reference
into 10 CFR part 430 the currently applicable industry test procedure
for dishwashers, AHAM DW-1-2020. Id. DOE also proposed to update the
industry standard incorporated by reference in 10 CFR part 430 from
ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Id. In addition, DOE proposed to
reference in appendix C1 and the new appendix C2 specific provisions of
AHAM DW-1-2020 and AHAM DW-2-2020, with modifications, to clarify
provisions where the applicable industry consensus standards would not
produce test results that are representative of the energy and water
use of certain products. Id. DOE requested comment on its proposal to
incorporate by reference into 10 CFR part 430 the most recent version
of the industry standard for dishwasher energy and water use
measurement, AHAM DW-1-2020, as well as the industry performance
standard, AHAM DW-2-2020, both with modifications. Id. DOE sought
comment on its preliminary conclusion that the proposed modifications
to the industry standards are necessary so that the DOE test method
satisfies the requirements of EPCA. Id.
DOE did not receive any comments on the industry standards
incorporated by reference, except as discussed in section III.A of this
final rule. Accordingly, DOE is finalizing its proposal, consistent
with the December 2021 NOPR, to incorporate by reference into 10 CFR
part 430 the most recent version of the industry standard for
dishwasher energy and water use measurement, AHAM DW-1-2020, as well as
the industry performance standard, AHAM DW-2-2020, both with
modifications.
D. Metrics
DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix
C1 provide results for dishwasher EAEU in kWh/year and water
consumption in gal/cycle.
In the December 2021 NOPR, DOE summarized comments it received in
response to the August 2019 RFI regarding an energy and water use
metric on a per-place setting basis. 86 FR 72738, 72743. Most
commenters opposed such a metric, claiming that no correlation exists
between capacity and energy or water use, a per-place setting metric
would be confusing for consumers, and it would be dependent on a
claimed value of place setting capacity. Id. In the NOPR, DOE proposed
to maintain the current metrics used for measuring dishwasher energy
and water consumption. 86 FR 72738, 72743.
DOE did not receive any additional comments on this topic and is
finalizing its proposal, consistent with the December 2021 NOPR, to
maintain the current efficiency metrics in appendix C1 and the new
appendix C2.
E. Test Setup
1. Water Hardness
The currently applicable appendix C1 does not currently specify any
water hardness requirement for testing.
To reduce potential variability across testing facilities, DOE
proposed in the December 2021 NOPR to incorporate the water hardness
requirements in section 2.11 of AHAM DW-1-2020, which specifies a
maximum water hardness of 85 parts per million (``ppm'') of
CaCO3. 86 FR 72738, 72743. DOE stated in the December 2021
NOPR that certain manufacturers may already be testing their
dishwashers according to these water hardness specifications because
this water hardness requirement is specified in the ENERGY STAR Test
Method for Determining Residential Dishwasher Cleaning Performance
(``ENERGY STAR Cleaning Performance Test Method''). Id. at 86 FR 72744.
DOE explained that AHAM had commented that it expected laboratories
already have the capability to control water hardness to within these
specifications. Id. Furthermore, in the December 2021 NOPR, DOE noted
that nine dishwasher brands are included in the ENERGY STAR's Most
Efficient database,\10\ and that manufacturers of these models must
report cleaning performance as measured by the ENERGY STAR Cleaning
Performance Test Method. Id. DOE stated in the December 2021 NOPR that
it did not expect this proposal to be unduly burdensome or impact the
rated energy and water use of dishwashers. Id.
---------------------------------------------------------------------------
\10\ ENERGY STAR Most Efficient database. Available at
www.energystar.gov/most-efficient/me-certified-dishwashers. Last
accessed July 6, 2022.
---------------------------------------------------------------------------
Additionally, as described further in section III.H of this
document, in the December 2021 NOPR, DOE proposed to specify a minimum
cleaning index threshold as a condition for a valid test cycle, which
may also be impacted by water hardness. Id. DOE requested comment on
its proposal to require use of the water hardness requirements from
section 2.11 of AHAM DW-1-2020. Id.
The Joint Commenters stated that they supported DOE's proposal to
incorporate a water hardness specification consistent with AHAM DW-1-
2020. The Joint Commenters agreed that the requirement would add
clarity to the test procedure and help reduce potential variability
across testing facilities. (Joint Commenters, No. 18 at p. 1)
DOE has more recently observed that 12 dishwasher brands are now
included in the ENERGY STAR's Most Efficient database, indicating that
many manufacturers are already meeting the specified water hardness
requirement and have the capability to meet these requirements.\11\
Additionally, while DOE is establishing a cleaning performance
threshold only in the new appendix C2 (as discussed in section III.H of
this document), since the water hardness requirement is expected to
support reproducibility of results without increasing test burden for
testing facilities, DOE is finalizing its proposal to require use of
the water hardness requirements from section 2.11 of AHAM DW-1-2020 in
both appendix
[[Page 3240]]
C1 and the new appendix C2, consistent with the December 2021 NOPR.
---------------------------------------------------------------------------
\11\ The ENERGY STAR Program recently also finalized the ENERGY
STAR V. 7.0 Specification for dishwashers, which includes a cleaning
performance requirement for any dishwasher seeking the ENERGY STAR
label. This specification does not go into effect until July 19,
2023. See ENERGY STAR Version 7.0 Residential Dishwasher Final
Specification Cover Letter.
---------------------------------------------------------------------------
2. Relative Humidity
The currently applicable appendix C1 does not specify an ambient
relative humidity for testing.
In the December 2021 NOPR, DOE proposed amending appendix C1 to
include the relative humidity requirement of AHAM DW-1-2020, which
specifies in Section 2.5.1 that an ambient relative humidity condition
of 35 percent 15 percent must be maintained in the testing
room throughout the soiling application and 2-hour air dry period. 86
FR 72738, 72744. DOE also proposed to include this same requirement in
the new appendix C2. Id.
DOE's testing experience suggests that ambient relative humidity
could potentially impact the adherence of the applied soils to the test
load during the 2-hour air-dry period specified in AHAM DW-2-2020
(which is the same as that specified in ANSI/AHAM DW-1-2010 and AHAM
DW-1-2019). 86 FR 72738, 72744. The adherence of the applied soil loads
to the dishware could impact the amount of energy and water required to
remove those soils for soil-sensing dishwashers, which constitute a
significant percentage of dishwashers on the market. Id. Further,
adherence of the applied soil loads could impact cleaning performance,
which in turn could impact the determination of the validity of each
test cycle.\12\ Id. Establishing a relative humidity requirement would
limit any such potential variation and increase repeatability and
reproducibility of test results. Id. As discussed, the proposed
relative humidity requirement is the same as the requirement in AHAM
dishwasher standards, indicating that this reflects current industry
practice. Id. As such, DOE stated in the December 2021 NOPR that it
does not expect this requirement to increase test burden as compared to
current industry practice. Id.
---------------------------------------------------------------------------
\12\ See section III.H of this document for more details.
---------------------------------------------------------------------------
In conjunction with this proposed relative humidity test condition,
in the December 2021 NOPR, DOE also proposed to include the relative
humidity measuring device requirement specified in section 3.7 of AHAM
DW-1-2020, which states that relative humidity measurement equipment
must have a resolution of at least 1 percent relative humidity, and an
accuracy of at least 6 percent relative humidity over the
temperature range of 75 degrees Fahrenheit (``[deg]F'') 5
[deg]F. 86 FR 72738, 72744.
DOE stated in the December 2021 NOPR that it had compared this
proposed requirement to the relative humidity measuring device
requirements currently specified in other DOE test procedures. 86 FR
72738, 72744. The Uniform Test Method for Measuring the Energy
Consumption of Clothes Dryers at 10 CFR part 430, subpart B, appendix
D1 and appendix D2; appendix E (Water Heaters); appendix H (Television
Sets); appendix M and appendix M1 (Central Air Conditioners and Heat
Pumps); appendix O (Vented Home Heating Equipment); appendix U (Ceiling
Fans); appendix X1 (Dehumidifiers); and appendix AA (Furnace Fans) all
require the use of a measuring device with a specified error tolerance
to measure relative humidity. These appendices specify tolerances for
the relative humidity measuring device ranging from 0.7 percent to 5
percent relative humidity. Therefore, DOE stated in the December 2021
NOPR that its proposal specifying a maximum error of no greater than
6 percent relative humidity to ensure accurate measurement
of relative humidity, while testing should not cause undue burden,
since testing facilities that test other covered consumer products or
equipment that require control of the ambient relative humidity already
have the capability to meet the proposed requirement. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
reference AHAM DW-1-2020 for the relative humidity and associated
instrumentation requirements, which specifies a relative humidity test
condition of 35 percent 15 percent, and a resolution of at
least 1 percent relative humidity and an accuracy of at least 6 percent relative humidity over the temperature range of 75
[deg]F 5 [deg]F for the relative humidity measuring device.
Id. at 86 FR 72744-72745. DOE also requested data regarding the impact
of relative humidity on dishwasher energy and water usage. Id. at 86 FR
72744.
DOE did not receive any comments on this topic. Based on the
reasons already discussed in this section, DOE is finalizing its
proposal, consistent with the December 2021 NOPR, to reference AHAM DW-
1-2020 for the relative humidity and associated instrumentation
requirements in appendix C1 and the new appendix C2.
3. Ambient Temperature
Section 2.5.1 of the currently applicable appendix C1 specifies an
ambient temperature of 75 [deg]F 5 [deg]F for active mode
testing.
Section 2.5.1 of AHAM DW-1-2020 specifies an ambient temperature of
75 [deg]F 5 [deg]F and further specifies a target
temperature of 75 [deg]F. In the December 2021 NOPR, DOE proposed to
reference these ambient temperature requirements in AHAM DW-1-2020 in
appendix C1 and the new appendix C2. 86 FR 72738, 72745. DOE stated
that this proposed amendment would improve repeatability and
reproducibility of results, while minimizing additional test burden,
and that as the amendment is consistent with the industry standard, it
reflects current industry practice. Id. Additionally, this amendment is
consistent with the approach used to specify ambient temperature in the
clothes washer test procedure at appendix J2. Id.
DOE requested input on its proposal to specify a target nominal
ambient temperature of 75 [deg]F for active mode testing, as referenced
from AHAM DW-1-2020. 86 FR 72738, 72745.
The CA IOUs recommended that DOE would be able to more effectively
accomplish its goal of improving repeatability and reproducibility of
the test method by specifying an average temperature tolerance to the
ambient temperature condition in addition to the existing 75 5 [deg]F minimum and maximum ambient temperature tolerance,
rather than use ambiguous language of a ``target temperature.'' (CA
IOUs, No. 19 at pp. 3-4)
DOE understands the CA IOUs' concern but notes that the intent of
the ambient temperature requirement has always been to conduct the test
at 75 [deg]F, or as close to it as feasible, to the extent possible.
The goal of adding ``target temperature'' in the requirement is to
emphasize this point. Additionally, DOE does not have data to determine
the appropriate tolerance for the average temperature that would ensure
that the temperature stays as close to 75 [deg]F as possible.
For the reasons stated above, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, specifying a target nominal
ambient temperature of 75 [deg]F for active mode testing, as referenced
from AHAM DW-1-2020, in appendix C1 and the new appendix C2.
4. 208-Volt Power
On April 10, 2017, DOE published a Decision and Order granting
Miele, Inc. (``Miele'') a test procedure waiver (``Miele waiver'') for
testing a specified basic model intended for a 208-volt power supply
rather than the 115 volts or 240 volts specified in the currently
applicable appendix C1. 82 FR 17227
[[Page 3241]]
(Case No. DW-12).\13\ Miele is required to test the basic model
specified in the Miele waiver using appendix C1, except that it must
maintain the electrical supply to the dishwasher at 208 volts 2 percent and within 1 percent of its nameplate frequency as
specified by the manufacturer; and maintain a continuous electrical
supply to the unit throughout testing, including the preconditioning
cycles, specified in section 2.9 of appendix C1, and in between all
test cycles. Id. at 82 FR 17228-17229.
---------------------------------------------------------------------------
\13\ All materials regarding the Miele waiver are available in
docket EERE-2016-BT-WAV-0039 at www.regulations.gov.
---------------------------------------------------------------------------
Subsequently, AHAM published the AHAM DW-1-2020 standard, which
includes provisions in section 2.2.2 for testing dishwashers that
operate with an electrical supply of 208 volts that is comparable to
the Miele waiver.
As soon as practicable after the granting of any waiver, DOE is
required to publish in the Federal Register a NOPR to amend its
regulations so as to eliminate any need for the continuation of such
waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id. Since AHAM DW-1-2020
includes the language from the Miele waiver, DOE proposed in the
December 2021 NOPR to reference these requirements in appendix C1 and
the new appendix C2 for dishwashers that operate at 208 volts. 86 FR
72738, 72745.
In the December 2021 NOPR, DOE requested comment on its proposal to
reference in appendix C1 and the new appendix C2 the testing provisions
from AHAM DW-1-2020 to address the Miele waiver for dishwashers that
operate at 208 volts. Id.
DOE did not receive any comments on this topic. DOE is finalizing
its proposal, consistent with the December 2021 NOPR, to reference in
appendix C1 and the new appendix C2 the testing provisions from AHAM
DW-1-2020 to address the Miele waiver for dishwashers that operate at
208 volts.
5. Built-In Water Reservoir
DOE published a Decision and Order on December 9, 2020 (``December
2020 Decision and Order''), granting CNA International Inc. (``CNA'') a
test procedure waiver (``CNA waiver'') for a basic model of a compact
dishwasher that does not connect to a water supply line and instead has
a built-in reservoir that must be manually filled with water. 85 FR
79171 (Case No. 2020-008).\14\ In the December 2021 NOPR, DOE proposed
amendments regarding the specific design characteristics addressed in
the CNA waiver, generalized to be applicable to any future dishwasher
models with this design characteristic, so as to eliminate any need for
the continuation of this waiver. 86 FR 72738, 72745.
---------------------------------------------------------------------------
\14\ All materials regarding the CNA waiver are available in
docket EERE-2020-BT-WAV-0024 at www.regulations.gov.
---------------------------------------------------------------------------
Specifically, DOE proposed the following provisions in appendix C1
and the new appendix C2 for testing such models:
(1) Refer to the full reservoir capacity as reported by the
manufacturer (rather than specifying the full capacity as 5 liters);
(2) Require following any sequence of events specified in the
manufacturer instructions (rather than specifying the particular
sequence of events required for the basic model subject to the CNA
waiver);
(3) Use the prewash fill water volume (if any) and main wash
water fill volume as reported by the manufacturer (rather than
specifying a main wash fill water volume of 1.5 liters);
(4) Water consumption for each test cycle is the value reported
by the manufacturer (rather than specifying the water consumption as
4.8 liters).
86 FR 72738, 72746.
In the December 2021 NOPR, DOE requested comment on its proposal to
incorporate the requirements of the CNA waiver for any dishwasher with
a built-in reservoir. Id. In particular, DOE requested stakeholder
feedback on using the detergent dosage requirement based on number of
place settings rather than main wash water volume in the new appendix
C2, for dishwashers with built-in reservoirs. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to incorporate
the requirements of the CNA waiver for any dishwasher with a built-in
reservoir in appendix C1 and the new appendix C2.
6. In-Sink Installation
On October 15, 2020, FOTILE Kitchen Ware Co. Ltd. (``FOTILE'')
filed a petition for waiver and interim waiver seeking a waiver from
the installation requirements specified in the currently applicable
appendix C1, which pertain to under-counter or under-sink dishwashers.
86 FR 26712, 26713.
In granting FOTILE an interim waiver on February 8, 2021, DOE noted
that FOTILE's alternate test procedure specified a test enclosure that
differed from the installation instructions provided in the operation
manual. 86 FR 8548, 8549. Specifically, the alternate test procedure
retained a requirement that the enclosure be brought into the closest
contact with the appliance that the configuration of the dishwasher
allows. In the case of FOTILE's basic models, this would include close
contact between the bottom of the enclosure and the underside of the
in-sink dishwasher. In the FOTILE interim waiver notice, DOE noted that
because the height of the product is 21 5/16 inches (541 millimeters
(``mm'')), placing the bottom part of the enclosure as close as
possible to the bottom of the compact in-sink dishwasher would conflict
with the installation instructions in the operation manual, which
specify a minimum enclosure height of 35 7/16 inches (900 mm). Id. This
may potentially result in differing heat losses from the dishwasher
that could impact energy consumption during the cycle. Id. In the
interim waiver notice, DOE further noted that specifying the enclosure
would be consistent with the manufacturer installation instructions and
would provide results that are more representative of average use and
requested comment on this topic. 86 FR 8548, 8551.
On May 17, 2021, DOE published a Decision and Order granting FOTILE
the waiver (``FOTILE waiver''). 86 FR 26712, 26715-26716 (Case No.
2020-020).\15\ Specifically, according to the published FOTILE waiver,
FOTILE is required to test compact in-sink dishwashers using the
currently applicable appendix C1 with modifications to install these
dishwasher basic models from the top of a rectangular enclosure (as
opposed to the front). Id. at 86 FR 26713. DOE also specified the use
of the installation requirements that were proposed in the alternate
test procedure in the FOTILE interim waiver, with modifications to the
provisions pertaining to the enclosure in which the dishwasher is
tested. Id. at 86 FR 26714-26715.
---------------------------------------------------------------------------
\15\ All materials regarding the FOTILE waiver are available in
docket EERE-2020-BT-WAV-0035 at www.regulations.gov.
---------------------------------------------------------------------------
On July 22, 2021, DOE published a notification of extension of
waiver granting a waiver to additional in-sink FOTILE basic model
dishwashers. 86 FR 38700 (Case No. 2021-005).
In the December 2021 NOPR, DOE proposed to incorporate into
appendix C1 and the new appendix C2 the alternate test procedures in
the FOTILE waiver, such that the installation requirements would be
applicable for any in-sink dishwasher. 86 FR 72738, 72746.
Specifically, DOE proposed that the requirements pertaining to the
rectangular enclosure for under-counter or under-sink dishwashers that
are specified in section 2.1 of AHAM DW-1-2020 would not be applicable
to in-
[[Page 3242]]
sink dishwashers. Id. For such dishwashers, DOE proposed that the
rectangular enclosure must consist of a front, a back, two sides, and a
bottom. Id. The front, back, and sides of the enclosure must be brought
into the closest contact with the appliance that the dishwasher
configuration allows. DOE additionally proposed that the height of the
enclosure must be as specified in the manufacturer's instructions for
installation height. Id. If no instructions are provided, DOE proposed
that the enclosure height must be 36 inches, since this is the typical
height of kitchen cabinetry with counters attached, which is where such
a dishwasher would be installed. Id. DOE also proposed that the
dishwasher must be installed from the top and mounted to the edges of
the enclosure. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
incorporate into appendix C1 and the new appendix C2 the installation
requirements for in-sink dishwashers from the FOTILE waiver. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to incorporate
into appendix C1 and the new appendix C2 the installation requirements
for in-sink dishwashers from the FOTILE waiver.
7. Absence of Main Detergent Compartment
In addition to seeking a waiver for the installation requirements
for in-sink dishwashers, the basic models for which FOTILE sought a
waiver do not have a main detergent compartment. 86 FR 26712, 26713.
Specifically, according to the published FOTILE waiver, FOTILE is
required to test compact in-sink dishwashers placing the detergent
directly into the washing chamber. Id. at 86 FR 26715. In the December
2021 NOPR, DOE proposed to incorporate the provisions for detergent
placement specified in the FOTILE waiver into both appendix C1 and the
new appendix C2, generalizing this provision such that it would be
applicable to any dishwasher that does not have a detergent
compartment. 86 FR 72738, 72746.
In the December 2021 NOPR, DOE requested comment on its proposal
that the detergent must be placed directly into the dishwasher chamber
for any dishwasher that does not have a prewash or main wash detergent
compartment. Id. at 86 FR 72746-72747.
AHAM commented that the language pertaining to the detergent amount
and placement in the FOTILE waiver was broad and would conflict with
the detergent placement provisions of the current DOE dishwasher test
procedure. (AHAM, No. 17 at p. 17) AHAM stated the following concerns:
(1) the proposed requirement was too prescriptive in specifying that
the detergent be placed directly in the ``wash chamber'' and eliminated
the possibility for the manufacturer to specify an alternate location,
which is allowed in the current test procedure; (2) the term ``main
wash compartment,'' as found in section 2.10 of the current test
procedure, is not defined and could be interpreted as being synonymous
with ``wash chamber''; and (3) the proposed language removed reference
to section 2.10.1 of appendix C1, thus eliminating the option of adding
prewash detergent in another location as may be specified by the
manufacturer. (Id.)
AHAM proposed adding the phrase ``or other location recommended by
the manufacturer,'' as currently specified in section 2.10 of appendix
C1, which would be in line with AHAM's view of the current test
procedure's intent and leave open the possibility of alternative
designs for this dishwasher type and others that may follow. (AHAM, No.
17 at pp. 17-18)
AHAM suggested that DOE should update the language in section 2.10
of appendix C1 to remove the following language proposed in the
December 2021 NOPR, ``For compact in-sink dishwashers with a
combination sink that have neither prewash program nor a main detergent
compartment, determine the amount of main wash detergent (in grams) to
be added directly into the washing chamber according to section 2.10.2
of this appendix'' and instead add the phrase, ``or other location
recommended by the manufacturer'' following the words ``main wash
compartment'' in the clause. (Id.)
DOE's intent with the requirement specified in the FOTILE waiver as
well as the December 2021 NOPR was to require that, should the
dishwasher not have a main wash detergent compartment and the
manufacturer does not specify a location for the placement of the
detergent, the detergent must be placed directly into the washing
chamber. To clarify this instruction, in this final rule, DOE is
updating the language in section 2.6 of appendix C1 and the new
appendix C2 regarding placement of the detergent to note that if no
main wash compartment is provided and no location is recommended by the
manufacturer for the main wash detergent, the main wash detergent must
be placed directly into the dishwasher chamber.
8. Water Meter
Section 3.3 in Appendix C1 specifies that the water meter must have
a resolution of no larger than 0.1 gallons and a maximum error no
greater than 1.5 percent of the measured flow rate for all
water temperatures encountered in the test cycle. These same
requirements are also specified in section 3.3 of AHAM DW-1-2020, and
DOE did not propose any changes to these requirements in the December
2021 NOPR.
AHAM commented that the proposed allowances for resolution and flow
rate error for the water meter are too large and have the potential to
introduce uncertainty in the measurement, negatively impacting
repeatability and reproducibility. (AHAM, No. 17 at p. 16) AHAM stated
that manufacturers often account for this by introducing additional
margin in their per-cycle water usage. (Id.) AHAM provided an example
that for a dishwasher approaching the current DOE standard for water
consumption of 5.0 gallons per cycle, a resolution of 0.1 would
introduce an error of 2.0 percent, increasing to 2.9 percent for dishwashers at the ENERGY STAR V. 6.0 level of
3.5 gallons per cycle. (Id.) AHAM explained that adding in a maximum of
1.5 percent error of the measured flow rate, a root mean
square uncertainty calculation would yield a measurement uncertainty of
2.5 percent for a unit using 5.0 gallons per cycle and
3.3 percent for a unit using 3.5 gallons per cycle. (Id.)
Accordingly, AHAM recommended revising the test procedure specification
for the water meter to specify a minimum resolution of 0.01 gallons and
a maximum flow rate measurement error of 0.5 percent. AHAM
stated that the technology was widely available to meet these
tolerances and that these specifications would further enhance
repeatability and reproducibility. (Id.)
As discussed in a final rule to establish new and amended clothes
washers test procedures, DOE noted that most, if not all, third-party
laboratories already have water meters with more precise resolution. 87
FR 33316, 33324-33325 (June 1, 2022). Additionally, DOE estimated the
cost of a water meter that provides a resolution of 0.01 gallons,
including associated hardware, to be around $600 for each device. Id.
However, DOE did not discuss water meter resolution in the December
2021 NOPR and has not provided stakeholders an opportunity to provide
feedback on this topic. Therefore, DOE is not changing the water meter
resolution requirements at this time.
[[Page 3243]]
DOE will consider AHAM's comment in a future rulemaking. Additionally,
DOE notes that manufacturers and laboratories that already have water
meters with a resolution of 0.01 gallons, could use such water meters
when testing dishwashers according to the currently applicable appendix
C1 as well as the amended appendix C1 and new appendix C2.
F. Test Cycle Amendments
1. Cycle Selections
In the December 2021 NOPR, DOE proposed to continue using the
normal cycle for dishwasher testing, unless the normal cycle did not
meet a specified cleaning index threshold at any soil-load, in which
scenario DOE proposed that the most energy-intensive cycle be tested
and used for certification purposes at that soil load (see section
III.H of this document for further detail). 86 FR 72738, 72747. In the
December 2021 NOPR, DOE stated that this alternative approach would
better represent an average use cycle by capturing those consumers that
may select other cycle types for washing dishes if the cleaning
performance of the normal cycle did not meet their expectations,
because higher energy use provides increased thermal and mechanical
action for removing soils, thus correlating generally with improved
cleaning performance. Id. DOE also did not propose to add any
additional cycle options to the tested normal cycle. Id.
Whirlpool commented that since the normal cycle is still
overwhelmingly the cycle type most used by consumers, the current test
method is already representative of typical consumer usage and it would
be inappropriate to possibly mandate that the most energy-intensive
cycle be used for testing and certification. (Whirlpool, No. 16 at p.
4)
Whirlpool commented that consumers consider their dishes/items,
soil level, fullness of the dishwasher, efficiency, type of soils, past
experiences, and cycle time when considering which cycle types and
options to run. (Whirlpool, No. 16 at pp. 4-5) Whirlpool also commented
that consumers running a load of heavily-soiled dishes with hard-to-
clean soils may be likely to select a more energy-intensive cycle than
the normal cycle. Whirlpool additionally commented that it does not
recommend these possible more energy-intensive cycles to consumers for
daily, typical, or regular use for normally soiled dishes. (Id.)
DOE proposed in the December 2021 NOPR to maintain the use of the
normal cycle for testing dishwashers. The most energy-intensive cycle
was proposed only if the normal cycle did not meet the proposed
cleaning index threshold, which would indicate that the normal cycle
was not providing a consumer-acceptable level of cleaning performance
(i.e., the normal cycle was not a representative average use cycle).
For such dishwashers, DOE expects that consumers would use a more
energy-intensive cycle type, since increased energy and/or water use
would likely improve cleaning performance. Therefore, to ensure that
the dishwasher test procedures are reasonably designed to produce test
results which measure energy use during a representative average use
cycle and are not unduly burdensome to conduct, in accordance with EPCA
(42 U.S.C. 6293(b)(3)), the normal cycle must be the cycle type used
for testing, unless it does not meet the minimum cleaning index
threshold specified in the new appendix C2 at a particular soil level,
in which case the most energy-intensive cycle shall be used for testing
and certification purposes.
For the reasons stated above, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, to maintain the dishwasher test
cycle selections and cycle options to the tested normal cycle, except
with regard to validating the test cycle type pursuant to the minimum
cleaning index included in the new appendix C2. See section III.H of
this final rule for further discussion regarding cleaning performance.
2. Drying Energy Measurement
Section 5.3 of appendix C1 specifies a methodology for determining
the ``drying energy'' consumption of a dishwasher. Dishwashers
typically incorporate technologies to assist with drying the dishes
after completion of the rinse portion of the cycle. Some dishwashers
use an exposed resistance heater to heat the air inside the washing
chamber after the final rinse to evaporate the water from the dishware.
Other dishwasher models, however, do not use a resistance heater to
heat the air, but instead achieve drying by raising the temperature of
the final rinse water. The heated rinse water evaporates more quickly
from the dishes after completion of the rinse portion of the cycle.
Section 1.14 of appendix C1 defines ``power-dry feature'' as the
introduction of electrically generated heat into the washing chamber
for the purpose of improving the drying performance of the dishwasher.
Further, the definition of ``normal cycle'' in section 1.12 of appendix
C1 specifically includes the power-dry feature as part of the normal
cycle. Section 5.3 of appendix C1 specifies a methodology for
calculating the energy consumed by the power-dry feature after the
termination of the last rinse option (emphasis added). Half of this
drying energy is subtracted from the total dishwasher energy
calculations of EAOC and EAEU at 10 CFR 430.23(c)(1) and (2),
respectively.\16\
---------------------------------------------------------------------------
\16\ This reflects consumer use of the power-dry feature for 50
percent (i.e., half) of dishwasher cycles.
---------------------------------------------------------------------------
Because the application of section 5.3 is limited to drying energy
consumed only after the termination of the last rinse option, it would
not be applicable to the drying energy use of a dishwasher that employs
heated rinse technology, since such energy is consumed as part of the
final rinse rather than after the final rinse. Rather, the energy use
associated with the heated rinse would be captured as part of the
normal cycle machine energy consumption. As a result, the energy use
associated with heated rinse drying technology would be factored into
EAOC and EAEU in its entirety, rather than only by half, as described
for units with conventional power-dry technology that occurs after the
final rinse.
In the December 2021 NOPR, DOE summarized comments it received in
response to the August 2019 RFI regarding the drying energy for a
dishwasher that employs heated rinse. 86 FR 72738, 72747-72748.
Commenters opposed the addition of cycle options, including a power-dry
option. However, as noted in the December 2021 NOPR, appendix C1
already requires testing of a power-dry cycle option, if available. 86
FR 72738, 72748. Accordingly, DOE did not propose any changes to the
measurement of drying energy to accommodate units that use heated rinse
to achieve drying. Id. DOE stated that the current measurement of
drying energy consumption is dependent upon a clearly identifiable
boundary between the conclusion of the final rinse and the activation
of electrically generated heat into the washing chamber. Id. For units
that use heated rinse to achieve drying, DOE initially determined in
the December 2021 NOPR that it would be burdensome to isolate the
energy specifically attributable to raising the temperature of the
final rinse, since such energy use would be embedded within the total
energy use measured during that portion of the cycle; i.e., it would
not be possible to determine the ``drying energy'' without, for
example, sub-metering the electrical energy use of the internal water
heater. Id. For these reasons, DOE did not propose any
[[Page 3244]]
changes to the existing requirements for measuring drying energy in the
December 2021 NOPR. Id.
DOE did not receive any comments on this topic and is maintaining
the existing requirements for measuring drying energy.
3. Annual Number of Cycles
Section 5.7 of the currently applicable appendix C1 calculates
combined low-power mode energy consumption, which factors into the EAEU
calculation, using 215 annual cycles. DOE established the 215-cycle
value in a final rule published on August 29, 2003, relying on data
from several sources on consumer dishwasher usage behavior, including
the 1997 version of the Residential Energy Consumption Survey
(``RECS''), several consumer dishwasher manufacturers, detergent
manufacturers, energy and consumer interest groups, independent
researchers, and government agencies. 68 FR 51887, 51889-51890.
In the December 2021 NOPR, DOE proposed to update the current
annual cycles estimate to reflect more recent trends in dishwasher
usage. 86 FR 72738, 72748. DOE's analysis of 2015 RECS data indicates
annual use of 185 cycles.\17\ AHAM also specifies a value of 184 cycles
per year in AHAM DW-1-2020 based on industry consensus. DOE thus
proposed in the December 2021 NOPR to amend the current annual number
of cycles estimate from 215 to 184 cycles, through reference to AHAM
DW-1-2020. Id. at 86 FR 72748-72749. The proposed value closely aligns
with DOE's analysis of 2015 RECS data. In the December 2021 NOPR, DOE
initially determined that the 2015 RECS is a suitable source for
updating the annual number of cycles estimate because (1) it is the
most recent RECS edition available, (2) RECS is nationally
representative for all U.S. households, and (3) it provides direct
survey data on the typical number of dishwasher cycles run by consumers
each week, rather than providing binned response options. Id. at 86 FR
72749.
---------------------------------------------------------------------------
\17\ In the 2015 RECS, the Energy Information Administration
(``EIA'') collected the number of times per week that households
used their dishwasher as point values rather than ranges as EIA had
done in previous surveys. For households using their dishwashers,
multiplying weekly usage by number of weeks in the year results in
annual usage rates. A weighted average of annual usage employs the
household weight and produces a nationally weighted annual usage
value.
---------------------------------------------------------------------------
The proposal to update the annual cycle value for calculating EAEU,
if finalized, would change the certified and reported EAEU values. DOE
also noted in the December 2021 NOPR that the existing energy
conservation standards are based on the EAEU as determined under the
current test procedure. Id. As such, DOE noted that the use of the 184
cycles-per-year value would be in conjunction with any future amended
energy conservation standards for dishwashers that account for the
updated annual cycle value. Accordingly, in the December 2021 NOPR, DOE
proposed to specify this requirement in the new appendix C2. Id.
Manufacturers would be required to use the results of testing under the
new appendix C2 to determine compliance with any future amended energy
conservation standards.
DOE requested input on its proposal to update the estimated number
of annual cycles from 215 to 184 cycles per year for future
calculations of EAEU. Id. DOE also requested comment on its approach to
propose a new appendix C2 with the updated annual number of cycles, the
use of which would be required for compliance with any amended energy
conservation standards. Id.
DOE did not receive any comments on this topic. DOE notes that RECS
2020 microdata was released in July 2022, from which DOE estimated that
the number of annual dishwasher cycles increased to 196.5 cycles per
year.\18\ DOE does not have sufficient information to determine whether
this value, obtained from surveys of consumers during the coronavirus-
19 pandemic, is representative of overall average consumer use of
dishwashers as compared to the estimate of 184 cycles per year proposed
in the December 2021 NOPR, due to potentially different usage patterns
of dishwashers by consumers during the coronavirus-19 pandemic.
Accordingly, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to update the number of annual cycles from 215 to
184 cycles per year for future calculations of EAEU in the new appendix
C2 and to require the use of the new appendix C2 with the updated
annual number of cycles for compliance with any amended energy
conservation standards.
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\18\ 2020 RECS Survey Data. Available at: www.eia.gov/consumption/residential/data/2020/index.php?view=microdata.
---------------------------------------------------------------------------
G. Energy and Water Consumption Test Methods
1. Test Load Items
The current test load and test load items are specified in sections
2.6 and 2.7 of appendix C1. Non-soil-sensing dishwashers are tested
with six serving pieces plus eight place settings, or six serving
pieces plus the number of place settings equal to the capacity of the
dishwasher if the latter is less than eight place settings. Soil-
sensing compact and soil-sensing standard dishwashers are tested with
four place settings and eight place settings, respectively, along with
six serving pieces each.
In the December 2021 NOPR and in response to comments received on
the August 2019 RFI, DOE noted that no data has been presented that
would justify changing the test load items at that time. 86 FR 72738,
72749. Although no data was presented regarding the use of plastic
items, DOE stated in the December 2021 NOPR that it recognizes that the
minimal thermal mass of plastic test load items would likely result in
little, if any, change to the energy and water consumption. Id.
DOE stated in the December 2021 NOPR that it observed that some of
the test load items specified in the currently applicable appendix C1
differ from the items specified in section 3.4 of AHAM DW-2-2020, which
is also referenced by section 2.7.1 of AHAM DW-1-2020. Id. As presented
in the December 2021 NOPR, the test load items as stated in the current
appendix C1 and AHAM DW-2-2020 are shown in Table III.1. Id. at 86 FR
72749-72750.
Table III.1--Test Load Items in the Currently Applicable Appendix C1 and AHAM DW-2-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix C1 AHAM DW-2-2020
Item --------------------------------------------------------------------------------------------------------------------
Company/designation Description Alternate Company/designation Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner Plate....................... Corning Comcor[supreg]/ 10 inch Dinner Plate.. ..................... Corelle[supreg] 10 inch (25.4cm).
Corelle[supreg] #5256294.
#6003893.
Bread and Butter Plate............. Corning Comcor[supreg]/ 6.75 inch Bread & Arzberg #8500217100 Corelle[supreg] 6.7 inch (17.0cm).
Corelle[supreg] Butter. or 2000-00001-0217-1. #5256286.
#6003887.
Fruit Bowl......................... Corning Comcor[supreg]/ 10 oz. Dessert Bowl... Arzberg #3820513100.. Corelle[supreg] 10 oz. (296mL).
Corelle[supreg] #5256297.
#6003899.
[[Page 3245]]
Cup................................ Corning Comcor[supreg]/ 8 oz. Ceramic Cup..... Arzberg #1382-00001- Arzberg #1382-00001- 7 oz. (207mL).
Corelle[supreg] 4732. 4732.
#6014162.
Saucer............................. Corning Comcor[supreg]/ 6 inch Saucer......... Arzberg #1382-00001- Arzberg #1382-00001- 5.5 inch (14.0cm).
Corelle[supreg] 4731. 4731.
#6010972.
Serving Bowl....................... Corning Comcor[supreg]/ 1 qt. Serving Bowl.... ..................... Corelle[supreg] 1 qt. (950mL).
Corelle[supreg] #5256304.
#6003911.
Platter............................ Corning Comcor[supreg]/ 9.5 inch Oval Platter. ..................... Corelle[supreg] Oval--9.5 inch by 7.5
Corelle[supreg] #6011655 OR inch (24.1cm by
#6011655. ALTERNATE 19.1cm). Round--8.5
Corelle[supreg] inch (21.6cm).
#5256290.
Glass--Iced Tea.................... Libbey #551HT......... ...................... ..................... Libbey #551HT........ 12.5 oz.
Flatware--Knife.................... Oneida[supreg]--Accent ...................... WMF--Gastro 0800 WMF 12.0803.6047.....
2619KPVF. 12.0803.6047.
Flatware--Dinner Fork.............. Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1905.6040.....
2619FRSF. 12.1905.6040.
Flatware--Salad Fork............... Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1964.6040.....
2619FSLF. 12.1964.6040.
Flatware--Teaspoon................. Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1910.6040.....
2619STSF. 12.1910.6040.
Flatware--Serving Fork............. Oneida[supreg]--Flight ...................... WMF--Signum 1900 WMF 12.1902.6040.....
2865FCM. 12.1902.6040.
Flatware--Serving Spoon............ Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1904.6040.....
2619STBF. 12.1904.6040.
--------------------------------------------------------------------------------------------------------------------------------------------------------
For the cup, saucer, and flatware items, the alternate options
listed in the currently applicable appendix C1 are the primary options
specified in AHAM DW-2-2020. The iced tea glass is the only item that
is the same for both test procedures. The remaining items specify
Corelle[supreg] as the manufacturer for both appendix C1 and AHAM DW-2-
2020, but these items have new model numbers in AHAM DW-2-2020. DOE
stated in the December 2021 NOPR that it understands that the
Corelle[supreg] model numbers listed in the currently applicable
appendix C1 are no longer in production, and the model numbers listed
in AHAM DW-2-2020 are the newer editions for these out-of-production
items. Id. at 86 FR 72750. Additionally, AHAM DW-2-2020 contains an
alternative selection only for the serving platter. For the other test
load items, AHAM DW-2-2020 provides instructions to contact AHAM for
assistance to identify suitable alternatives.
As illustrated in Table III.1, AHAM DW-2-2020, which is referenced
in AHAM DW-1-2020, includes newer model numbers of the test load items
as compared to the currently applicable appendix C1. Therefore, in the
December 2021 NOPR, DOE proposed to reference section 2.7.1 of AHAM DW-
1-2020, which specifies that the test load must be as stated in section
3.4 of AHAM DW-2-2020. Id. Specifically, DOE proposed to apply the
provisions of section 3.4 of AHAM DW-2-2020 to appendices C1 and C2,
excluding the Note accompanying section 3.4 regarding AHAM assistance
with determining alternatives. Id.
In the December 2021 NOPR, DOE also proposed to continue including
the test load items specified in the currently applicable appendix C1
as alternate options, so that test laboratories can continue using the
existing test load if they already have these items. Id. This proposal
would be applicable to both appendix C1 and the new appendix C2.
Pursuant to EPCA requirements, this approach would not impose an undue
burden, but rather minimize test burden as it would not require
manufacturers and/or test laboratories to procure new items if they
already have the existing test load items.
DOE requested comment on specifying that the test load items be as
specified in AHAM DW-1-2020 (which references section 3.4 of AHAM DW-2-
2020), while additionally retaining, as an alternative, the current
test load specifications in appendix C1 and the new appendix C2. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to specify that
the test load items be as specified in AHAM DW-1-2020 (which references
section 3.4 of AHAM DW-2-2020), while additionally retaining, as an
alternative, the current test load specifications in appendix C1 and
the new appendix C2.
2. Soils
As stated in the December 2021 NOPR, the soil load specified in the
currently applicable appendix C1 has been developed by DOE to produce a
measure of energy and water use of soil-sensing dishwashers in a
representative usage cycle. 86 FR 72738, 72751. DOE also stated that
DOE did not have data on the operation of a soil-sensing function that
would suggest that a field use factor to adjust testing results would
be appropriate and therefore, DOE did not propose a field use factor
for appendix C1 or the proposed new appendix C2 in the December 2021
NOPR. Id. DOE additionally requested feedback and data regarding
soiling level and whether there have been changes to consumers' pre-
rinsing behavior. Id. DOE also sought information regarding the impact
of different soil levels on energy and water use in dishwashers
currently on the market. Id.
Section 2.7.4 of the currently applicable appendix C1 states that
the soils shall be as specified in section 5.4 of ANSI/AHAM DW-1-2010,
except for the following substitutions:
Margarine. The margarine shall be Fleischmann's Original
stick margarine.
Coffee. The coffee shall be Folgers Classic Decaf.
Additionally, section 2.7.5 of the currently applicable appendix C1
states that soils shall be prepared according to section 5.5 of ANSI/
AHAM DW-1-2010, with the following additional specifications:
Milk. The nonfat dry milk shall be reconstituted before
mixing with the oatmeal and potatoes. It shall be reconstituted with
water by mixing \2/3\ cup of nonfat dry milk with 2 cups of water until
well mixed. The reconstituted milk may be stored for use over the
course of 1 day.
Instant mashed potatoes. The potato mixture shall be
applied within 30 minutes of preparation.
[[Page 3246]]
Ground beef. The 1-pound packages of ground beef shall be
stored frozen for no more than 6 months.
In the December 2021 NOPR, DOE noted that Table 3 in section 5.4 of
AHAM DW-2-2020 specifies Fleischmann's\TM\ Original Stick margarine and
Folgers\TM\ Classic Decaf coffee, consistent with DOE's substitutions
in section 2.7.4 of the currently applicable appendix C1. Id. These
AHAM DW-2-2020 soiling specifications are also referenced in section
2.7.4 of AHAM DW-1-2020. Therefore, in the December 2021 NOPR, DOE
proposed to remove the substitution for margarine and coffee from
regulatory text in appendix C1 and apply the soiling requirements in
section 2.7.4 of AHAM DW-1-2020 instead. Id.
Additionally, section 2.7.5 of AHAM DW-1-2020 includes the
additional soil preparation requirements for milk, instant mashed
potatoes, and ground beef, which are currently specified in appendix
C1. Therefore, in the December 2021 NOPR, DOE proposed to remove the
additional soil preparation specifications from section 2.7.5 in
appendix C1 and apply the requirements in section 2.7.5 of AHAM DW-1-
2020 instead. Id.
DOE requested comment on its proposal to remove the soil
substitution and soil preparation requirements from sections 2.7.4 and
2.7.5 of appendix C1 and apply these same requirements from AHAM DW-1-
2020 instead. Id. DOE particularly requested data and information on
how the proposed soil composition would affect energy and water use in
current dishwashers. Id.
Samsung commented that pre-rinsing drastically increases the water
and energy use beyond what the test procedure measures today and cited
a Lawrence Berkeley National Laboratory (``LBNL'') survey which
indicated that 55 percent of consumers pre-rinse dishes.\19\ (Samsung,
No. 21 at p. 3)
---------------------------------------------------------------------------
\19\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed
July 6, 2022.
---------------------------------------------------------------------------
Samsung commented that it believes the consumer advocacy by
dishwasher manufacturers, consumer advocates, detergent manufacturers,
and the Environmental Protection Agency to educate consumers against
pre-rinsing would only be successful if consumers believe their
dishwasher will provide satisfactory cleaning without pre-rinsing.
(Id.; Samsung, Public Meeting Transcript, No. 22 at p. 7) To that end,
Samsung recommended that DOE consider updating soil loads that do not
assume pre-rinsing by introducing heavier test soil loads that match
the best practice of scraping foods off the plates rather than the soil
levels one would find after pre-rinsing dishes with water. (Id.)
During the December 2021 NOPR public meeting, the CA IOUs commented
that the soil loads used for the DOE test procedure should be
representative. The CA IOUs further commented that the soil loads
should be more representative of scraping compared to pre-rinsing as it
would be more beneficial from energy and water savings perspective. (CA
IOUs, Public Meeting Transcript, No. 22 at pp. 43-44) In written
comments, the CA IOUs commented that the soil loads as defined by AHAM
DW-2-2020 do not align with the definition of a ``normal cycle'' as
being recommended for typical use with a ``full load of normally soiled
dishes,'' because they do not believe a normally soiled load of dishes
is at most half soiled (as is implied by the soil level of ``heavy''
load in AHAM DW-2-2020) and the medium and light soil loads include a
majority of clean dishes. (CA IOUs, No. 19 at p. 2) The CA IOUs
commented that DOE should therefore consider increasing the number of
tableware that are soiled as part of the cleaning performance test.
(Id.)
The soil loads specified in the currently applicable appendix C1,
which are the same as the soil loads specified in AHAM DW-2-2020, have
been developed by DOE to produce a measure of energy and water use of
soil-sensing dishwashers in a representative usage cycle. While the
soils are only applied to some of the place settings at each soil load,
these soils represent the total quantities of soils that would enter a
dishwasher for a fully soiled load of dishes at the various soil
levels. DOE does not have, nor did commenters submit, any specific
information about the types of soils that would be used to reflect pre-
rinsing, or lack thereof, or the consumer relevance of such soils.
Absent such data, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to remove the additional soil preparation
specifications from section 2.7.5 in appendix C1 and apply the
requirements in section 2.7.5 of AHAM DW-1-2020 instead. DOE is also
finalizing its proposal, consistent with the December 2021 NOPR, to
remove the soil substitution and soil preparation requirements from
sections 2.7.4 and 2.7.5 of appendix C1 and apply these same
requirements from AHAM DW-1-2020 instead. Finally, the new appendix C2
mirrors the language in the amended appendix C1.
3. Loading Pattern
Section 2.6 of the currently applicable appendix C1 references
section 5.8 of ANSI/AHAM DW-1-2010 for loading the dishwasher prior to
running active mode tests, which requires loading in accordance with
the manufacturer's recommendation.
In the December 2021 NOPR, DOE recognized that the positioning of
soiled test load items in relation to unsoiled ones could impact the
rate at which soils are removed from the test load items, and therefore
also impact soil sensor responses. 86 FR 72738, 72751. This could lead
to variation in energy and water consumption. Specifying a loading
pattern requirement would improve the repeatability of the testing
procedure and reproducibility of results across both individual tests
and testing facilities. AHAM has included the loading pattern
requirements specified in the ENERGY STAR Cleaning Performance Test
Method in section 2.6.3.4 of AHAM DW-1-2020. These requirements are
applicable to soil-sensing dishwashers that are tested with both clean
and soiled place settings. In the December 2021 NOPR, DOE proposed to
apply these AHAM DW-1-2020 loading requirements to appendix C1 and the
new appendix C2 to reduce potential variation in the test procedure.
Id. Additionally, DOE proposed that these loading requirements would
apply to both soil-sensing and non-soil-sensing dishwashers as non-
soil-sensing dishwashers would be required to use soil loads for
testing under the proposed cleaning index threshold (discussed in
section III.H of this document). Id. DOE requested input on its
proposal to use the loading requirements specified in section 2.6.3.4
of AHAM DW-1-2020. Id.
AHAM commented that DOE had no data to support that specifying a
loading pattern requirement would improve the repeatability of the test
procedure and reproducibility of the results, especially as it pertains
to determining the cleaning performance of dishwashers. (AHAM, No. 17
at p. 10)
The Joint Commenters stated that they supported the proposal to
include the loading pattern requirements specified in AHAM DW-1-2020,
explaining that the current lack of specificity with regards to loading
pattern can impact repeatability and reproducibility of test results.
(Joint Commenters, No. 18 at pp. 1-2)
The ENERGY STAR Cleaning Performance Test Method specifies the same
loading pattern that DOE proposed in the December 2021 NOPR. During
development of the ENERGY STAR
[[Page 3247]]
Cleaning Performance Test Method, DOE noted that the loading pattern
had minimal effect on cleaning performance; however, DOE specified
loading patterns that distribute the soils throughout the dishwasher as
evenly as possible to ensure consistency from test laboratory to test
laboratory.\20\ In the absence of any additional data, DOE maintains
that given that the test load does not include all soiled items (i.e.,
only some of the place settings are soiled while others are clean), the
placement of the soiled items may impact soil sensor response or the
cleaning index, especially if a given unit does not uniformly clean all
items within the wash chamber. Therefore, specifying the placement of
the clean and soiled items for each test would ensure that the test is
run consistently each time.
---------------------------------------------------------------------------
\20\ ENERGY STAR[supreg] Program Requirements. Product
Specification for Residential Dishwashers. Draft 1 Test Method for
Determining Residential Dishwasher Cleaning Performance. Rev. Feb.-
2012. www.energystar.gov/sites/default/files/specs//Draft_1_Test_Method_Dishwasher_Cleaning_Performance.pdf.
---------------------------------------------------------------------------
For the reasons stated previously, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, to use the loading requirements
specified in section 2.6.3.4 of AHAM DW-1-2020 in appendix C1 and the
new appendix C2.
4. Preconditioning Cycles
Section 2.9 of the currently applicable appendix C1 requires
manufacturers to precondition the dishwasher by running the normal
cycle twice with no load after the testing conditions are established.
The prewash fill water volume, if any, and the main wash fill water
volume are measured during the second preconditioning cycle to
calculate the detergent amounts to be used during the energy and water
consumption tests. The prescribed procedure ensures an accurate
calculation of detergent dosing, priming of the water lines and sump
area of the pump, successful sensor calibration, and machine cleaning
without adding significant test burdens.
In the December 2021 NOPR, DOE did not propose to modify the
requirement for two preconditioning cycles currently in appendix C1,
and proposed to apply this requirement to the new appendix C2.
DOE did not receive any comments on this topic and is maintaining
the requirement for two preconditioning cycles currently in appendix C1
and is applying this requirement to the new appendix C2.
5. Detergent
Section 2.10 of appendix C1 specifies using Cascade with the Grease
Fighting Power of Dawn powder as the detergent formulation. This
section also provides the method to calculate the detergent quantities
to be added to the prewash (if available) and main wash compartments,
which is based on the prewash (if available) and main-wash water
volumes, respectively.
The powder detergent currently specified in appendix C1--Cascade
with the Grease Fighting Power of Dawn--is no longer commercially
available. Instead, a new powder detergent, Cascade Complete Powder,
which has a slightly different formulation \21\ from Cascade with the
Grease Fighting Power of Dawn, is now available on the market. AHAM has
updated AHAM DW-2-2020 to reference this new detergent for testing
purposes. AHAM DW-1-2020 references AHAM DW-2-2020 for detergent
formulation as well as dosage.
---------------------------------------------------------------------------
\21\ DOE participated in AHAM's task force for the development
of AHAM DW-1-2020. Stakeholders mentioned during the AHAM task force
calls that they were informed by the detergent manufacturer that the
only difference between Cascade with the Grease Fighting Power of
Dawn and Cascade Complete Powder is related to the enzymes used in
the detergent. DOE was not able to verify this information
independently because the ingredient list for Cascade with the
Grease Fighting Power of Dawn is not available on product packaging
(or online).
---------------------------------------------------------------------------
In addition to a change in the detergent to be used for testing,
both AHAM DW-1-2020 and AHAM DW-2-2020 also specify new dosage
requirements in comparison to the current requirements of appendix
C1.\22\ Section 4.1 of AHAM DW-2-2020 specifies the detergent dosage as
1.8 grams per place setting in the main compartment of the detergent
dispenser and 1.8 grams per place setting in the prewash compartment of
the detergent dispenser or other location. Section 2.10.1 of AHAM DW-1-
2020 further specifies to use half the quantity of detergent that is
specified in section 4.1 of AHAM DW-2-2020 for both prewash and main
wash detergent for the energy and water consumption tests. Prewash
detergent is specified only for those units if it is recommended by the
manufacturer's instructions for conditions that are consistent with the
test procedure. This includes, but is not limited to, manufacturer
instructions that recommend the use of prewash detergent for the normal
cycle, normally soiled loads, or for water hardness between 0 and 85
ppm. Additionally, if manufacturer instructions lead to the use of the
prewash detergent requirements, the prewash detergent is placed as
instructed by the manufacturer or, if no instructions are provided, the
prewash detergent is placed on the inner door near the detergent cup.
---------------------------------------------------------------------------
\22\ As discussed, the detergent dosage for the currently
applicable appendix C1 is based on measurements of the prewash fill
water volume, if any, and the main wash fill water volume measured
during the second preconditioning cycle.
---------------------------------------------------------------------------
In the December 2021 NOPR, DOE presented preliminary data comparing
the energy and water use of four dishwashers when tested according to
the current detergent and dosing method and the new detergent and
dosing method. 86 FR 72738, 72752-72753. In the December 2021 NOPR, DOE
noted that given the small sample size of only four test units, DOE
believed that additional testing would be required to determine whether
the observed variation in results is due to the change in detergent and
dosage, or whether it could be attributed to unrelated differences in
the sensor response of these soil-sensing dishwashers, or other
factors. Id.
Given the uncertainty about whether the new detergent and dosing
requirements would impact the energy and water consumption of
dishwashers, in the December 2021 NOPR, DOE proposed that both the
current detergent and dosage requirements as well as the new detergent
and new dosage requirements would be allowable to use for testing
according to appendix C1. Id. at 86 FR 72753. By maintaining the use of
the current detergent and dosing requirements, manufacturers would not
be required to re-test currently certified dishwashers. Because DOE
proposed the detergent type and dosage specifications in AHAM DW-1-2020
in addition to the current requirements, this proposal would not
require the re-rating or re-certification of dishwashers currently on
the market. Additionally, permitting the optional use of the detergent
and dosing specifications in AHAM DW-1-2020 would avoid the need for
manufacturers to request test procedure waivers should the currently
required detergent become unavailable and would harmonize with current
industry practice.
For the new appendix C2, which would be required at the time
compliance is required with updated energy and water conservation
standards, DOE proposed in the December 2021 NOPR to specify only the
new detergent and dosage requirements from AHAM DW-1-2020. Id.
The current dosage requirements specify detergent dosage based on
water volume, which requires distinguishing the water used in the
prewash from the
[[Page 3248]]
water used in the main wash. In the December 2021 NOPR, DOE stated that
it has observed, and stakeholders have also expressed, that uncertainty
in differentiating the prewash and main-wash cycles to estimate
detergent dosage could be a potential source of test variation. Id. As
stated, the new detergent dosage is based on the number of place
settings, rather than measurement of prewash and main-wash water
volumes, potentially providing more consistent dosing. More consistent
dosing would improve the repeatability and reproducibility of the
results. Additionally, the new dosage would reduce test burden, since
it would eliminate the need to identify, isolate, and calculate the
prewash and main-wash water volumes.
DOE requested comment on its proposal to adopt in appendix C1 the
new detergent and new dosage requirements as specified in AHAM DW-1-
2020, while also retaining the current detergent and dosage
requirements in appendix C1. Id. The use of either set of detergent
requirements would be allowable for testing under appendix C1. DOE also
requested comment on the detergent currently being used by
manufacturers and test laboratories for testing and certification of
dishwashers. Id.
DOE stated that if stakeholder comments indicate that the currently
specified detergent, Cascade with the Grease Fighting Power of Dawn, is
no longer being used by manufacturers, DOE may instead consider
including only the new detergent, Cascade Complete Powder, and dosage
requirements from AHAM DW-1-2020 in appendix C1, rather than allowing
both the current and new detergent and dosage requirements. Id. DOE
also welcomed comments and data on the impact of the new detergent and
dosage on energy and water use. Id.
DOE did not receive any written comments in response to this topic.
During the December 2021 NOPR public meeting, Fisher & Paykel noted
that AHAM DW-2-2020 specifies 1.8 grams of detergent per place setting,
but AHAM DW-1-2020 specifies to use half of that quantity for the
energy and water consumption tests. Fisher & Paykel additionally noted
that cleaning performance would also be evaluated using half the
quantity of detergent that is specified in AHAM DW-2-2020 (the standard
that specifies the cleaning performance test method). Fisher & Paykel
stated that DOE's proposal would require meeting the proposed cleaning
index threshold using only half as much detergent. (Fisher & Paykel,
Public Meeting Transcript, No. 22 at p. 56)
DOE notes that while AHAM DW-1-2020 specifies half the quantity of
detergent compared to AHAM DW-2-2020, the number of soiled place
settings are also fewer when testing is conducted according to AHAM DW-
1-2020 compared to AHAM DW-2-2020. Specifically, AHAM DW-2-2020
requires eight place settings to be soiled when conducting the test,
while sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM DW-1-2020 require
four, two, and one place settings to be soiled for the heavy, medium,
and light soil loads, respectively. Additionally, DOE's goal in
specifying the cleaning performance threshold is to evaluate cleaning
performance on the same cycles that are used to evaluate energy and
water use. Therefore, DOE believes it is appropriate to use the same
amount of detergent to evaluate cleaning performance as is used to
determine energy and water use.
In this final rule, DOE finalizes its proposal, consistent with the
December 2021 NOPR, to adopt in appendix C1 the new detergent and new
dosage requirements as specified in AHAM DW-1-2020, while also
retaining the current detergent and dosage requirements in appendix C1.
Additionally, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to adopt in the new appendix C2 only the new
detergent and new dosage requirements as specified in AHAM DW-1-2020.
6. Rinse Aid
Section 2.1 of the currently applicable appendix C1 requires that
testing be conducted without the use of rinse aid, and that any rinse
aid reservoirs remain empty for testing. In the December 2021 NOPR, DOE
maintained its conclusions from past rulemakings that the test
procedure should preclude the use of rinse aid, and that the rinse aid
container should remain empty during testing. 86 FR 72738, 72754.
Adding a rinse aid requirement would increase test burden without
information indicating that it would improve the representativeness of
the test results, and it could potentially cause variation in test
results. For these reasons, DOE did not propose a rinse aid requirement
in appendix C1 or the new appendix C2, which is consistent with the
specifications in AHAM DW-1-2020 that DOE proposed to reference in the
December 2021 NOPR. Id.
During the December 2021 NOPR public meeting, Electrolux questioned
if cleaning performance would be evaluated for soils only, without
evaluating spots, streaks, and rack contact marks, due to the lack of
the use of rinse aid during the energy and water consumption tests.
(Electrolux, Public Meeting Transcript, No. 22 at p. 19) AHAM commented
that if DOE moves forward with a cleaning performance metric, DOE
should evaluate either the use of rinse aid to decrease variation in
scoring or running the energy test without rinse aid and adjusting the
scoring to only score soils and not spots or streaks on glassware.
(AHAM, No. 17 at p. 15) During the October 2022 ex parte meeting, AHAM
commented that DOE's test procedure should not include the use of rinse
aid and the test load should be score based only on soil particles,
without including scores for spots or streaks. (AHAM, No. 27 at p. 40)
Whirlpool stated that if DOE finalizes its proposals to include a
minimum cleaning index requirement, Whirlpool recommended that rinse
aid be a requirement. Whirlpool explained that the use of rinse aid
improves repeatability and lowers variation in a dishwasher performance
test, including making glasses and silverware easier to accurately
score. (Whirlpool, No. 16 at p. 10; see also Whirlpool, No. 16 at p. 4)
Whirlpool also commented that it would assist DOE in determining the
appropriate amount of rinse aid to specify in the test procedure.
(Whirlpool, No. 16 at p. 10)
Whirlpool also commented that if DOE does not finalize the test
procedure with a cleaning index requirement, Whirlpool maintains its
existing position that rinse aid is not needed in a test that only
assesses energy and water consumption, since rinse aid does not impact
energy and water use. (Id.)
DOE recognizes that the use of rinse aid, or lack thereof, can
impact the scoring of spots or streaks on glassware. Given DOE is not
specifying the use of rinse aid, as discussed in section III.H of this
document, DOE has updated the cleaning index calculation to score only
soils and not include the scores of spots, streaks, or rack contact
marks on the glassware because, as noted by commenters, the lack of use
of rinse aid would impact the scores of spots, streaks, and rack
contact marks.
This final rule does not require the use of rinse aid in appendix
C1 or the new appendix C2, consistent with the specifications in AHAM
DW-1-2020 and the currently applicable DOE test procedure.
7. Water Softener Regeneration Cycles
In the October 2012 Final Rule, DOE adopted a method for measuring
the energy consumed during regeneration
[[Page 3249]]
cycles for water softeners built into certain residential dishwashers.
77 FR 65942, 65960. The adopted approach relies on manufacturer-
reported values for the energy and water use for each regeneration
cycle and the number of annual regeneration cycles. Id. The current
calculations for water softener regeneration cycles are provided in
sections 5.1.3, 5.4.3, 5.5.1.2, 5.5.2.2, 5.6.1.2, and 5.6.2.2 of
appendix C1. In response to the August 2019 RFI, DOE did not receive
any comment regarding the energy and water use during water softener
regeneration cycles, and thus did not propose any changes in the
December 2021 NOPR with regards to water softener regeneration cycles,
aside from maintaining the associated definitions and calculations
specified in AHAM DW-1-2020. 86 FR 72738, 72754.
AHAM commented that dishwashers with built-in water softeners
should be tested in the as-shipped condition, where the default
typically is that the water softeners are turned off, rather than
tested with the water softener activated since it does not expect
consumers to use the water softener function often due to the high
prevalence of home water softeners in the United States. (AHAM, No. 17
at p. 15) AHAM commented that it does not believe this will have a
statistically significant impact on energy usage. (Id.) Whirlpool
commented that it supported AHAM's position on the technical issues
concerning built-in water softener dishwashers. (Whirlpool, No. 16 at
p. 2)
AHAM has not submitted any data to support its claim that
dishwashers with water softeners typically have the water softener
turned off. DOE notes that the current test procedure accounts for the
additional energy and water use associated with water softener
regeneration cycles as a manufacturer-reported value that is added to
the tested values for the calculation of EAEU, EAOC, and water
consumption. In the June 2011 BSH Corporation (``BSH'') Decision and
Order, BSH included a 50-percent deduction in energy and water based on
an estimate that at least 50 percent of homes already have a water
softening system. 76 FR 38144, 38145. In this Decision and Order, DOE
noted that BSH submitted no data to support this claim. Id. DOE further
stated that to maintain the same methodology used in a similar waiver
granted to Whirlpool, DOE was not including the 50-percent deduction in
its final waiver for BSH. Id. In the absence of additional data, DOE's
position remains the same as that stated in the June 2011 BSH Decision
and Order.
Accordingly, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to maintain the associated definitions and
calculations specified in AHAM DW-1-2020 for water softener
regeneration cycles.
8. Water Re-Use System
On November 1, 2013, DOE published a Decision and Order (``November
2013 Decision and Order'') granting Whirlpool a test procedure waiver
(``Whirlpool waiver'') for testing specified basic models equipped with
a ``water use system,'' in which water from the final rinse cycle is
stored for use in the subsequent cycle, with periodic draining (``drain
out'') and cleaning (``clean out'') events. 78 FR 65629 (Case No. DW-
11).\23\ Whirlpool is required to test the basic model specified in the
November 2013 Decision and Order using appendix C1, with the following
modifications:
---------------------------------------------------------------------------
\23\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.
(1) ``Water use system'' water and energy consumption shall be
accounted for during dishwasher water and energy measurement and
reporting, subject to the following:
a. For ``drain out'' events, constant values of 0.072 gallons
per cycle and 2.6 kWh/year shall be added to values measured by
appendix C1.
b. For ``clean out'' events, constant values of 0.071 gallons
per cycle and 10.3 kWh/year shall also be added to values measured
by appendix C1.
c. To calculate the detergent quantity for testing, a constant
value of 0.91 gallons for the water fill amount shall be used,
representing both saved water fill and house supply water fill.
d. If a ``drain out'' or ``clean out'' event occurs during
testing, any results from that use of the test procedure shall be
disregarded. Disconnect and reconnect power to the dishwasher, then
restart the test procedure.
(2) To detect a ``drain out'' event, measure the water volume
supplied during the first fill. A cycle shall be considered to have
a ``drain out'' event if the first fill uses approximately 1 gallon
from the water supply. Without a ``drain out'' event, the first fill
would use approximately 0.11 gallons from the water supply.
(3) To detect a ``clean out'' event, monitor the temperature of
the sump water using an additional temperature measuring device. The
device shall be placed inside the sump in an area such that the
device will always be submerged in water and will not interfere with
the operation of the dishwasher. A cycle shall be considered to have
a ``clean out'' event if the temperature of the sump water during
wash and rinse portions of the cycle reaches 150 [deg]F. Without a
``clean out'' event, the highest sump water temperatures would reach
approximately 140 [deg]F.
78 FR 65629, 65631.
Subsequently, AHAM published the AHAM DW-1-2020 standard, which
includes provisions for testing water re-use system dishwashers.
Specifically, sections 1.3, 1.9, and 1.29 of AHAM DW-1-2020 include
definitions for a clean out event, drain out event, and water re-use
system dishwasher, respectively. These definitions are consistent with
those specified in the November 2013 Decision and Order. AHAM DW-1-2020
also specifies the detergent dosing requirements, methods to measure
the energy and water consumption of water re-use system dishwashers,
including detection of drain out and clean out events, and calculations
for energy and water consumption. Sections 2.10.2, 4.1.3, 5.1.4, 5.1.5,
5.4.4, 5.4.5, 5.5.1.3, 5.5.1.4, 5.5.2.3, 5.5.2.4, 5.6.1.3, 5.6.1.4,
5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. All of these requirements are
consistent with the alternate test procedure specified in the November
2013 Decision and Order granting the waiver to Whirlpool for water re-
use systems, except for the specified water energy consumption
equations in sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4, which use
an incorrect constant.\24\
---------------------------------------------------------------------------
\24\ The equations in the noted sections improperly use the
constant K = specified heat of water in kWh per gal per [deg]F,
instead of C/e, where C = specific heat of water in Btus per gal per
[deg]F, and e = nominal gas or oil water heater recovery efficiency.
---------------------------------------------------------------------------
As soon as practicable after the granting of any waiver, DOE is
required to publish in the Federal Register a NOPR to amend its
regulations so as to eliminate any need for the continuation of such
waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id. Since AHAM DW-1-2020
includes the language from the Whirlpool waiver, in the December 2021
NOPR, DOE proposed to reference these requirements in appendix C1 and
the new appendix C2, with added modifications to the equations in
sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. 86
FR 72738, 72754.
DOE requested comment on its proposal to reference in appendix C1
and the new appendix C2 the testing provisions from AHAM DW-1-2020 to
address the Whirlpool waiver for water re-use system dishwashers. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to reference in
appendix C1 and the new appendix C2 the testing provisions from AHAM
DW-1-2020 to address the Whirlpool waiver for water re-use system
dishwashers.
[[Page 3250]]
9. Water Heater Efficiency
Section 5 of appendix C1 specifies the calculations of derived
results from test measurements, including machine energy consumption,
fan-only mode energy consumption, drying energy consumption, water
consumption, and water energy consumption. For water energy
consumption, DOE specifies different equations based on whether an
electric water heater is used, or a gas-heated or oil-heated water
heater is used. For electric water heaters, appendix C1 assumes a 100
percent efficiency,\25\ while for gas/oil water heaters, appendix C1
specifies the calculation assuming a 75 percent efficiency. DOE did not
propose any changes to this requirement in the December 2021 NOPR.
---------------------------------------------------------------------------
\25\ Section 5.5 of appendix C1 specifies the calculations for
water energy consumption for dishwashers using electrically heated
water. The equations specified in this section do not include a
constant for the water heater recovery efficiency (as specified in
section 5.6 for gas or oil-heated water), which indicates that the
calculations for water energy consumption for dishwashers using
electric water heaters assume a 100-percent water heater efficiency.
---------------------------------------------------------------------------
The Joint Commenters recommended that DOE amend assumptions for
water heater efficiencies to better reflect real-world water heater
efficiencies, as they would improve representativeness of the test
procedure and more accurately reflect the relative contribution of
water heating energy use to the total dishwasher energy use. (Joint
Commenters, No. 18 at p. 3) The Joint Commenters stated that the
efficiency assumptions in the test procedure are higher than those
found in the existing housing stock and underestimate the energy use
associated with water heating and estimated that the shipment-weighted
efficiencies for new water heaters are 92 percent for electric water
heaters and 62 percent for gas water heaters. (Id.)
As discussed in the clothes washer test procedure final rule
published on June 1, 2022, (See 87 FR 33316, 33355-33356), based on the
values presented, DOE interprets the Joint Commenters statement as
referring to a value of uniform energy factor (``UEF''). DOE notes that
UEF is a measure of efficiency based in part on a 24-hour simulated use
test that measures both energy use associated with recovery periods
(i.e., the energy embedded within each water draw) and energy losses
during the time in which water is not being withdrawn from the water
heater (i.e., standby energy losses), and incorporates simulated
household water draw patterns. In a residential household, numerous
appliances draw hot water from the water heater, in addition to
dishwashers. Given the number of factors not directly related to
dishwasher usage that factor into the UEF metric, DOE has determined
that it would not be appropriate to use UEF as the basis for
determining an estimate of water heating energy in the dishwashers test
procedure. The appropriate water heater efficiency metric to use for
dishwashers is the recovery efficiency, which represents the ratio of
energy delivered to the water to the energy content of the fuel
consumed by the water heater. Id. Based on a qualitative evaluation of
the electric and gas water heater efficiencies in its public Compliance
Certification Management System (``CCMS'') database,\26\ DOE determines
that the efficiencies listed in the current dishwasher test procedure
are appropriate. Additionally, DOE did not discuss water heater
efficiencies in the December 2021 NOPR and has not provided
stakeholders an opportunity to provide feedback on this topic. DOE will
revisit the Joint Commenters' comments in a future rulemaking.
---------------------------------------------------------------------------
\26\ U.S. Department of Energy Compliance Certification
Database, available at www.regulations.doe.gov/certification-data.
Last accessed July 8, 2022.
---------------------------------------------------------------------------
Therefore, DOE is not making any changes to the water heater
efficiency in the dishwasher test procedures at appendix C1 and the new
appendix C2.
H. Cleaning Performance
EPCA requires DOE to establish test procedures that are reasonably
designed to produce test results that measure energy efficiency, energy
use, water use (for certain products), or estimated annual operating
cost of a covered product during a representative average use cycle or
period of use, as determined by the Secretary, and shall not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE's test procedure for
dishwashers identifies the ``normal cycle'' as the cycle type
representative of consumer use, defines the term ``normal cycle,'' and
requires testing using the ``normal cycle.'' Compliance with the
applicable standards is determined based on the measured energy and
water use of the ``normal cycle.'' 10 CFR 430.23(c) and 10 CFR 430
subpart B appendix C1. The ``normal cycle'' is defined as the cycle
type, including washing and drying temperature options, recommended in
the manufacturer's instructions for daily, regular, or typical use to
completely wash a full load of normally soiled dishes including the
power-dry feature. If no cycle or more than one cycle is recommended in
the manufacturer's instructions for daily, regular, or typical use to
completely wash a full load of normally soiled dishes, the most energy-
intensive of these cycles shall be considered the normal cycle. In the
absence of a manufacturer recommendation on washing and drying
temperature options, the highest energy consumption options must be
selected. Section 1.12 of appendix C1. The currently applicable test
procedure in appendix C1 does not define what constitutes ``completely
wash[ing]'' a full load of normally soiled dishes (i.e., the cleaning
performance).
For dishwashers, the cleaning performance at the completion of a
cycle influences how a consumer uses the product. If the cleanliness of
the dishware after completion of a cleaning cycle does not meet
consumer expectations, consumers may alter their use of the dishwasher.
For example, consumers may alter the use of the product by selecting a
different cycle type that consumes more energy and water to provide a
higher level of cleaning, operating the selected cycle type multiple
times, or prewashing the dishware, flatware, and glassware before
loading into the dishwasher to achieve an acceptable level of cleaning.
In the December 2021 NOPR, DOE summarized a comment received from
Samsung in response to the August 2019 RFI in which Samsung stated that
consumers unsatisfied with the cleaning performance of the ``normal
cycle'' may opt to select a different mode that could result in
increased energy consumption. (Samsung, No. 9 at p. 3) DOE also
asserted in the December 2021 NOPR that it is possible that dishwashers
exist on the market that are currently tested by manufacturers using a
``normal cycle'' that does not ``completely wash'' dishes. 86 FR 72738,
72755.
In general, a consumer-acceptable level of cleaning performance
(i.e., a representative average use cycle) can be easier to achieve
through the use of higher amounts of energy and water use during the
dishwasher cycle.\27\ Conversely, maintaining acceptable cleaning
performance can be more difficult as energy and water levels are
reduced.\28\ Improving one aspect of
[[Page 3251]]
dishwasher performance, such as reducing energy and/or water use as a
result of energy conservation standards, may require a trade-off with
one or more other aspects of performance, such as cleaning performance.
DOE stated in the December 2021 NOPR that it expects, however, that
consumers maintain the same expectations of cleaning performance
regardless of the efficiency of the dishwasher. Id. at 86 FR 72755. As
the dishwasher market continuously evolves to higher levels of
efficiency--either as a result of mandatory minimum standards or in
response to voluntary programs such as ENERGY STAR--it becomes
increasingly more important that DOE ensures that its test procedure
continues to reflect representative use. As such, the normal cycle that
is used to test the dishwasher for energy and water performance must be
one that provides a consumer-acceptable level of cleaning performance,
even as efficiency increases.
---------------------------------------------------------------------------
\27\ Higher energy use may provide increased thermal and
mechanical action for removing soils. Similarly, higher water use
may provide better rinsing performance by reducing the amount of
soil re-deposition on the dishware.
\28\ In the December 2014 NOPR that proposed amended energy and
water use standards for dishwashers, DOE noted that cleaning
performance could be maintained up to Efficiency Level 3, which was
defined as 234 kWh/year and 3.1 gal/cycle. 79 FR 76141, 76165 (Dec.
19, 2014). In the December 2016 Final Determination, DOE
additionally noted that manufacturers generally indicated that by
using all available design options to improve efficiency, it would
likely be able to maintain performance with a maximum energy
consumption between 250 and 260 kWh/year and water consumption at
3.1 gal/cycle. 81 FR 90072, 90082.
---------------------------------------------------------------------------
In order for DOE's test procedure to more accurately and fully test
dishwashers during a representative average use cycle, DOE stated in
the December 2021 NOPR that it believes that amending the test
procedure to define what constitutes completely washing a full load of
normally soiled dishes (i.e., the cleaning performance) will better
represent consumer use of the product. Id. at 86 FR 72755. As such, in
the December 2021 NOPR, DOE proposed additional direction for selecting
the appropriate test cycle type, i.e., for determining whether the
cycle ``can completely wash a full load of normally soiled dishes.''
Id. DOE proposed to include a cleaning index methodology and minimum
threshold to validate the selection of the test cycle in appendix C1
and the new appendix C2.\29\ Id.
---------------------------------------------------------------------------
\29\ This approach is analogous to the one used for clothes
dryers, in which the DOE test procedure at appendix D2 defines a
threshold dryness level for automatic cycle termination of clothes
dryers as a condition for the test cycle to be valid. Specifically,
Section 3.3.2 of appendix D2 specifies that if the final moisture
content after completion of the drying cycle is greater than 2
percent, the test shall be invalid and a new run shall be conducted
using the highest dryness level setting.
---------------------------------------------------------------------------
DOE received several comments on its proposal to include a cleaning
performance test and minimum cleaning index threshold as a condition
for a valid test cycle. General comments, including whether to adopt
these provisions in the currently applicable test procedure at appendix
C1 or in the new appendix C2, are summarized in the following section
and topic-specific comments are addressed in subsequent sections.
1. General Comments
Samsung, ASAP, the Joint Commenters, and the CA IOUs supported the
inclusion of a cleaning performance test method and minimum cleaning
index threshold. (Samsung, No. 21 at p. 2; Public Meeting Transcript,
No. 22 at p. 7; ASAP, Public Meeting Transcript, No. 22 at pp. 21-22;
Joint Commenters, No. 18 at p. 2; CA IOUs, Public Meeting Transcript,
No. 22 at p. 43; CA IOUs, No. 19 at pp. 1-2) AHAM, Whirlpool, and GEA
opposed the inclusion of a cleaning performance test method and minimum
cleaning index threshold. (AHAM, No. 17 at p. 2; Whirlpool, No. 16 at
p. 2; GEA, No. 20 at p. 2)
Samsung commented that it agreed with DOE's position that the
cleaning performance requirements would help define what constitutes
completely washing a full load of normally soiled dishes (i.e., the
cleaning performance), which would allow the test cycle type to better
represent consumer use of the product. (Samsung, No. 21 at p. 2) The CA
IOUs commented that they supported the cleaning performance test
method, stating that it would provide base-level cleanliness
performance assurances that have the potential to increase
representative use of the expected ``normal'' cycle, reduce pre-rinsing
of dishes, and increase the overall consumer use of dishwashers. (CA
IOUs, No. 19 at pp. 1-2) ASAP commented that consumers often shift from
the normal cycle to an alternate cycle type with better cleaning
performance, which would result in increased energy consumption;
therefore, adopting a minimum cleaning index threshold would help
ensure representativeness of the normal cycle and would better meet
consumer expectations of cleaning performance. (ASAP, Public Meeting
Transcript, No. 22 at pp. 21-22) The CA IOUs commented that it would be
helpful to consumers in their energy and water use savings by assuring
that there is satisfaction with the normal cycle. (CA IOUs, Public
Meeting Transcript, No. 22 at p. 43) The Joint Commenters stated that a
cleaning performance requirement will result in tested cycle types that
are more representative of energy and water consumption during consumer
use. (Joint Commenters, No. 18 at p. 2) DOE appreciates stakeholder
support for the inclusion of the cleaning index threshold and agrees
that specifying such a threshold will ensure that the rated energy and
water consumption of dishwashers is representative for completely
washing a full load of normally soiled dishes with a consumer-
acceptable level of cleaning.
AHAM and Whirlpool commented that should DOE move ahead with a
performance metric in the test procedure, they urged that compliance
with the cleaning performance threshold should be required only with
amended standards. (AHAM, No. 17 at p. 13; AHAM, No. 27 at p. 3;
Whirlpool, No. 16 at p. 4) During the December 2021 NOPR public
meeting, AHAM commented that the inclusion of a cleaning performance
metric would intrinsically change test results and sought clarity on
why DOE was including the cleaning performance metric in appendix C1.
(AHAM, Public Meeting Transcript, No. 22 at p. 33) During the October
2022 ex parte meeting, AHAM reiterated its opposition to include
cleaning performance requirements in appendix C1, stating that the
cleaning performance would impact measured efficiency. (AHAM, No. 27 at
p. 3) AHAM commented that DOE could not produce data on whether
including cleaning performance requirements in appendix C1 would impact
measured energy or provide any data on why it made the proposal to
include the performance requirements in appendix C1, rather than
including it in the proposed new appendix C2 and applying it when
compliance with possible amended standards is required. (AHAM, No. 17
at pp. 13-14)
AHAM stated that the requirements potentially violate the
investment and associated recovery assumptions underlying the
manufacturer impact analysis that DOE presented in its preliminary
technical support document on possible amended energy conservation
standards. (Id. at p. 13) AHAM further commented that, based on DOE's
data, about 18 percent of models would need to be tested using the most
energy-intensive cycle \30\ and the response of granting a waiver for
products that fail to meet the cleaning index threshold on the most
energy-intensive cycle would completely diminish the point of the
requirement. (Id.) AHAM also referenced DOE's test data from the
January 2022 Preliminary
[[Page 3252]]
Analysis and stated that most models currently on the market are at
Efficiency Level (``EL'') 1 (which is the ENERGY STAR V. 6.0 level) and
at that level, the majority of products would need to be re-tested
using the most energy-intensive cycle for the heavy and/or medium soil
load. AHAM additionally stated that for the 33 percent of models in
DOE's data set that would require re-testing at the heavy soil load, it
is possible that these products may not meet the current energy
conservation standards or that some models currently meeting the ENERGY
STAR criteria may no longer meet the baseline after being re-tested
using the most energy-intensive cycle. (Id.)
---------------------------------------------------------------------------
\30\ As discussed further in section III.H.4 of this document,
DOE proposed in the December 2021 NOPR that if a dishwasher failed
to achieve the minimum cleaning index threshold for a given soil
load on the normal cycle, the unit would be re-tested at the same
soil load using the most energy-intensive cycle. 86 FR 72738, 72747,
727560 72759.
---------------------------------------------------------------------------
Whirlpool commented that if DOE's proposal for the minimum cleaning
index goes into effect with an amended appendix C1 test procedure, it
would create a tremendous burden on manufacturers by potentially
requiring them to re-test all models for compliance with the minimum
cleaning index requirement and potentially redesign cycle types to
continue to sell into the U.S. market, all within a 6-month window.
(Whirlpool, No. 16 at p. 9; Whirlpool, Public Meeting Transcript, No.
22 at pp. 34-35) Whirlpool commented that it is impractical and overly
burdensome to require manufacturers to re-test all their models in such
a short window, particularly when manufacturers and test laboratories
have other ongoing, competing laboratory needs. (Whirlpool, No. 16 at
p. 9) Whirlpool stated that product redesigns are likely to occur as a
result of this cleaning performance proposal. (Id.) Whirlpool commented
that redesigning a product can take many months or years and would be a
huge disruption in the market, and due to the stated flaws in the
cleaning index, it was not even certain whether redesigning a
dishwasher model to be compliant with the proposed cleaning index would
lead to more consumer satisfaction. (Id.)
DOE understands from the comments that manufacturers are
identifying basic models currently on the market that may require re-
testing as a result of the inclusion of cleaning performance testing
because the basic models may not meet the cleaning performance
threshold on the normal cycle at all soil loads. Therefore, although
DOE proposed to include the cleaning performance threshold in both
appendix C1 and the proposed new appendix C2 in the December 2021 NOPR,
DOE is finalizing these amendments only in the new appendix C2, which
will be required for use to determine compliance with amended
standards.
AHAM commented that while it agreed with DOE that dishwasher
performance is a concern, it could not support DOE's proposal to
include a performance metric in the test procedure without DOE
providing data and information to address the significant concerns AHAM
raised in its comments. (AHAM, No. 17 at p. 2) AHAM commented that it
agreed that performance needs to be maintained for the consumer, but
that the cleaning performance test would drive the opposite result by
forcing manufacturers to focus on only one aspect of cleaning
performance to the detriment of other important performance
functionalities. (AHAM, No. 26 at p. 5)
AHAM commented that EPCA authorizes DOE to develop test procedures
that measure only energy efficiency, energy use, water use, or
estimated annual operating cost, and that EPCA does not authorize DOE
to develop test procedures that measure product performance. (AHAM, No.
17 at p. 3) AHAM commented that DOE had not produced sufficient
information or data to show that its proposed cleaning performance
requirement meets EPCA's requirements. (AHAM, No. 17 at p. 3)
As discussed, EPCA requires that any test procedures prescribed or
amended shall be reasonably designed to produce test results which
measure energy efficiency, energy use, or estimated annual operating
cost of a covered product during a representative average use cycle or
period of use [emphasis added] and shall not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) As discussed in the December 2021 NOPR,
the cleaning performance at the completion of a cycle type influences
how a consumer uses a dishwasher. 86 FR 72738, 72755. If the
cleanliness of the dishware after completion of a cleaning cycle does
not meet consumer expectations, consumers may alter their use of the
dishwasher. Id. Indeed, comments received from Samsung expressed
concern that consumers unsatisfied with the cleaning performance of the
normal cycle may opt to select a different mode that could result in
increased energy consumption. Id. As discussed further in section
III.H.3 of this document, DOE notes that cycle selection data indicates
consumer use of cycle types other than the normal cycle and LBNL's
survey on dishwasher characteristics, usages, and consumer preferences
\31\ found that that 17 percent of the respondents ``sometimes'' re-run
their dishwasher due to inadequate cleaning. Amending the test
procedure to define what constitutes completely washing a full load of
normally soiled dishes (i.e., establishing a cleaning performance
threshold) will ensure that the test procedure produces test results
that measure energy and water use during a representative average use
cycle or period of use.
---------------------------------------------------------------------------
\31\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed
July 6, 2022.
---------------------------------------------------------------------------
AHAM asserted that DOE has not provided sufficient support for its
proposals, that the proposal to include a cleaning performance method
and to establish a minimum cleaning index threshold was not based on
data and, therefore, was arbitrary and capricious under the
Administrative Procedure Act (``APA'') \32\ and did not meet the
requirements of the Data Quality Act.\33\ (AHAM, No. 17 at pp. 3, 4-5,
7, 8, 10; AHAM, No. 26 at p. 4) Similarly, GEA asserted that EPCA, the
APA, and the Data Quality Act require that DOE's regulations be
properly supported by relevant data, but that DOE did not have relevant
data to support its proposed cleaning metric. GEA argued that the issue
in this rulemaking is not the quality or sufficiency of the data, or
how the data is interpreted, but the very existence of the data. (GEA,
No. 20 at p. 2)
---------------------------------------------------------------------------
\32\ Public Law 79-404 (June 11, 1946).
\33\ Public Law 106-554 (Dec. 21, 2000). AHAM did not provide
any details as to which specific requirements of the Data Quality
Act it believes the proposals in the December 2021 NOPR did not
satisfy.
---------------------------------------------------------------------------
DOE has met the APA's requirements, as DOE has explained in the
December 2021 NOPR and throughout this final rule discussion its
justification for including a cleaning performance measurement and for
establishing a minimum cleaning index threshold to define what
constitutes completely washing a full load of normally soiled dishes.
As discussed in detail in the following sections, DOE has presented the
details of the analysis performed by DOE, which builds upon
comprehensive investigation and analysis of dishwasher cleaning
performance conducted by DOE over the course of the development of the
ENERGY STAR Cleaning Performance Test Method and previous dishwasher
energy conservation standards rulemakings, and using the best available
data that DOE has to establish the specific cleaning index threshold
that aligns with consumer expectations for completely washing a full
load of normally soiled dishes.
AHAM also commented that DOE's published data are not transparent
and requested that DOE provide its full data set including generic
model identifiers to allow commenters to fully evaluate
[[Page 3253]]
DOE's test data. AHAM asserted that DOE's failure to provide that data
is not consistent with the requirements under the Data Quality Act and
other applicable statutory provisions. (AHAM, No. 17 at p. 12)
In the December 2021 NOPR, DOE presented the results of its test
data aggregated to a level appropriate for determining a cleaning index
threshold that most closely corresponded to consumer cycle selection
data. As discussed further in section III.H.3 of this document, DOE
presented graphs in the December 2021 NOPR showing the total percentage
of each of the soil test cycles that met the threshold at each
potential threshold level among all the units in the test sample. 86 FR
72738, 72757. This aggregated data informed the selection of the
proposed cleaning index threshold. Id. Presenting model-level data
would not have provided insights into the selection of an appropriate
cleaning performance index. Further, DOE has complied with DOE's
guidelines for implementing the Data Quality Act that ensure the
quality, objectivity, utility, and integrity of the data presented in
this document.\34\
---------------------------------------------------------------------------
\34\ See the discussion of the Data Quality Act in the December
2021 NOPR. 86 FR 72738, 72767; see also www.energy.gov/sites/prod/files/cioprod/documents/finalinfoqualityguidelines03072011.pdf.
---------------------------------------------------------------------------
AHAM commented that in order to establish or amend representative
average use cycles or periods of use, DOE must have national,
statistically significant, field use data on consumer use, and that
without such data, it is impossible and inappropriate for DOE to
determine or change the average use cycle in a test procedure. (AHAM,
No. 17 at p. 2) AHAM stated that the current dishwasher test procedure
is based on consumer use studies, and that changing the test would
require showing that something has changed with regard to consumer
behavior or that more accurate consumer use study data are available.
(Id.)
As DOE discussed in the December 2021 NOPR, it has become
increasingly more important that DOE ensure that its test procedure
continues to reflect representative use as the dishwasher market
continuously evolves to higher levels of efficiency. 86 FR 72738,
72755. DOE notes that it did not propose to change the cycle type used
for testing (i.e., the normal cycle), but rather to ensure that the
cycle type tested as the normal cycle produces results that are
representative of consumer use. As discussed in the December 2021 NOPR
and further in section III.H.3 of this document, DOE determined the
proposed cleaning performance threshold based on confidential consumer
cycle selection data provided by industry. Id. at 72756. DOE believes
this data to be nationally representative and based on field use data
and/or consumer survey data. This final rule also presents an analysis
of consumer usage data based on a survey report published October 28,
2021, by LBNL,\35\ which further supports the cleaning index threshold
value defined in this final rule (see section III.H.3 of this
document).
---------------------------------------------------------------------------
\35\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed
July 6, 2022.
---------------------------------------------------------------------------
AHAM also commented that DOE's rationale for adopting a minimum
cleaning index threshold did not establish a direct connection to the
product's energy use or energy efficiency; rather, it tied the
threshold to avoiding certain consumer behavior in cases of what DOE
deemed to be unacceptable performance. (AHAM, No. 17 at p. 4) AHAM
asserted that EPCA does not permit this approach for incorporating
performance criteria. (Id.)
DOE is adopting a minimum cleaning index threshold to define what
constitutes ``completely wash[ing]'' a full load of normally soiled
dishes so as to better represent consumer use of the product (i.e., to
produce test results that are more representative of an average
consumer use cycle), as discussed in the December 2021 NOPR. 86 FR
72738, 72755. As discussed in the December 2021 NOPR and summarized
earlier in this section, a consumer-acceptable level of cleaning
performance can be easier to achieve through the use of higher amounts
of energy and water use during the dishwasher cycle type (i.e., the
amount of energy or water use of a dishwasher can directly affect the
level of cleaning performance). Conversely, reducing energy and water
consumption may negatively impact cleaning performance to a level that
is not consumer-acceptable.\36\
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\36\ During the previous standards rulemaking, AHAM and a group
of its members presented data from two sets of manufacturer testing:
one set consistent of a modified DOE sensor heavy soil load tested
in dishwashers reprogrammed to match three energy and water use
levels (307 kWh/year and 4.1 gal/cycle, 255 kWh/year and 3.1 gal/
cycle, and 234 kWh/year and 3.1 gal/cycle and another set consisting
of two dishwashers that were each loaded with ten place settings
soiled with a modified ANSI/AHAM DW-1-2010 soil load, with each
dishwasher programmed to match two energy and water use levels (307
kWh/year and 5.0 gal/cycle and 234 kWh/year and 3.1 gal/cycle). 81
FR 90072, 90082-90083. Based on the results of these tests, AHAM
commented that any standards at the lower energy and water
consumption levels (i.e., 234--255 kWh/year and 3.1 gal/cycle) would
result in worse cleaning performance than products that were then on
the market could achieve. Id.
---------------------------------------------------------------------------
AHAM commented that it recognized that unacceptable performance may
drive consumers toward less energy efficient behavior, but asserted
that there are other ways of ensuring that performance is maintained
for the consumer that DOE must consider during the standards
development process. (AHAM, No. 17 at p. 4) DOE believes AHAM is
referring to EPCA's criteria for prescribing amended standards;
specifically, that DOE must consider any lessening of the utility or
performance of the covered products likely to result from the
imposition of the standard. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) In
accordance with this provision, DOE has explicitly addressed consumer
utility concerns related to cleaning performance in previous
rulemakings addressing dishwasher energy conservation standards, as
well as in the January 2022 Preliminary Analysis. (See 77 FR 31918,
31956-31957; 81 FR 90072, 90082-83; 87 FR 3450 \37\). In each of these
rulemakings, DOE has presented analysis and findings regarding the
impacts of cleaning performance on the ability for manufacturers to
offer dishwashers that comply with energy conservation standards at the
considered efficiency levels. In DOE's conclusions regarding the
economic justification of potentially higher standards, DOE did not
establish more stringent standards that would require manufacturers to
compromise cleaning performance in order for dishwasher models to
demonstrate compliance, thereby fulfilling the consideration required
under 42 U.S.C. 6295(o)(2)(B(i)(IV). Id. Although not necessitated by
the current energy conservation standards, manufacturers may choose to
achieve compliance or further reductions in energy and water use
through the use of control strategies and design approaches that reduce
cleaning performance.\38\
---------------------------------------------------------------------------
\37\ See chapter 5 of the Preliminary Technical Support
Document, available at www.regulations.gov/docket/EERE=2019=BT=STD=0039.
\38\ For example, manufacturers may reduce wash or rinse
temperatures and/or reduce fill volumes for wash or rinse portions
of the test cycle without implementing any additional design
options.
---------------------------------------------------------------------------
In response to AHAM's comment that unacceptable cleaning may drive
consumers toward less efficient behavior, DOE is ensuring test results
that are representative of an average use cycle, in accordance with the
requirements of 42 U.S.C. 6295(o)(2)(B(i)(IV) of EPCA, by establishing
a minimum cleaning performance threshold in the new appendix C2.
Establishing a cleaning
[[Page 3254]]
index threshold as part of the new appendix C2 ensures that energy and
water savings are being realized for products that comply with any
future new or amended energy conservation standards for dishwashers.
AHAM commented that DOE's proposal, which focuses only on cleaning
performance using a metric that does not adequately measure or
represent consumer satisfaction, was more likely to drive negative,
unintended consequences for consumers relating to overall dishwasher
performance. (AHAM, No. 17 at pp. 4-5) AHAM commented that cleaning
performance is a function of washing temperature, length of washing
cycle, type and amount of detergent applied, and mechanics (i.e.,
power), such that if DOE wanted to reduce energy and water use and
maintain cleaning performance, it is likely that cycle time could reach
a level unacceptable to consumers or that other elements of performance
could be impacted. (AHAM, No. 17 at p. 5) AHAM commented not all
elements of wash performance can be altered and maintain product
functionality; for example, since the water must be warm enough to
activate the detergent and remove fatty soils, manufacturers have few
options to consider other than lengthening cycles, reducing drying
performance or eliminating drying altogether, or increasing the noise
level of the dishwasher to allow for greater power, in order to
maintain cleaning performance while also meeting more stringent
standards. (Id.)
AHAM further commented that a performance threshold that addresses
only a single performance attribute is not consumer relevant because it
ignores the fact that the dishwasher is a holistic system. AHAM stated
that by requiring energy and water levels and a cleaning performance
level, DOE could essentially force manufacturers into designing
dishwashers that satisfy DOE's test procedure requirements, but do not
satisfy consumers not only on the factors that are not addressed, but
also with regard to the cleaning performance itself because, according
to AHAM, DOE had failed to demonstrate that the cleaning index
threshold it had selected correlated to consumer satisfaction. (Id.)
DOE testing indicates that a wide range of dishwashers are
currently available on the market that achieve the proposed cleaning
index threshold (which is equivalent to the cleaning index threshold
finalized in this document) on each soil load tested as part of the
normal cycle. In particular, such models are available at the DOE
minimum standard level, the ENERGY STAR V. 6.0 standard level, and the
current ENERGY STAR Most Efficient level (which is also the ENERGY STAR
V. 7.0 level that goes into effect in July 2023). Based on this wide
range of dishwashers currently available on the market, DOE has
concluded that the finalized cleaning performance threshold, as
discussed in section III.H.3 of this document, will not result in
dishwasher performance that is unacceptable to consumers or that would
result in detrimental impacts to other consumer-relevant elements of
performance. Furthermore, the discussion in section III.H. 3 of this
document demonstrates that the cleaning index threshold correlates to
consumer satisfaction of dishwasher performance. DOE expects that this
final rule will have positive effects for consumers by ensuring that
the rated energy and water use of dishwashers is based on a test cycle
type that completely washes a full load of normally soiled dishes.
Whirlpool commented that it supported positions presented by AHAM,
specifically noting that the proposal to include a minimum cleaning
performance threshold score was unsubstantiated and not consumer
relevant. (Whirlpool, No. 16 at p. 2) Whirlpool commented that it was
pleased to see DOE sought to maintain performance and consumer
satisfaction of dishwashers, but that the need to do so should serve as
a signal that standards should not be amended further. (Whirlpool, No.
16 at p. 3)
As discussed, by establishing a minimum cleaning performance
threshold in the new appendix C2, DOE is ensuring test results that are
representative of an average use cycle. Establishing a cleaning index
threshold as part of the new appendix C2 ensures that energy and water
savings are being realized for products that comply with any future new
or amended energy conservation standards for dishwashers. DOE will
evaluate concerns regarding the impact of new or amended energy
conservation standards on performance and consumer satisfaction within
the energy conservation standards rulemaking process.
Whirlpool commented that DOE should not finalize the dishwasher
test procedure with a minimum cleaning index threshold given the
excessive burden caused by testing and potentially redesigning models
and potential certification, verification, and enforcement risks
associated with the requirement. (Whirlpool, No. 16 at p. 3) Whirlpool
stated that DOE's approach to specify a cleaning index threshold as a
way to address consumer satisfaction with dishwasher cleaning
performance was misplaced. (Whirlpool, No. 16 at p. 10) Whirlpool
stated that the proposed test procedure is variable, and that it would
lead to enormous manufacturer burden, competitive harm, and possible
verification failures. (Id.)
In the December 2021 NOPR, DOE quantified the additional test
burden expected to result from its proposal. 86 FR 72738, 72763-72764.
Specifically, in the NOPR, DOE estimated that the cost to test a soil-
sensing dishwasher to be approximately $2,330 per basic model and that
for a non-soil-sensing dishwasher to be approximately $790 per basic
model, which included the cost for the additional 1 hour per soil load
that DOE estimated as the additional time required to score a load at
the end of the cycle and calculate the cleaning index. 86 FR 72738,
72763. Section III.L.1 of document presents DOE's finalized estimates
of the expected costs associated with these amendments. However, while
DOE proposed to include these amendments in both appendix C1 and the
proposed new appendix C2 in the December 2021 NOPR, DOE now is only
including these amendments in the new appendix C2, which will reduce
the immediate burden incurred by manufacturers. Appendix C2 will be
required only for use to determine compliance with any future new or
amended standards for dishwashers.
As stated, DOE is introducing the cleaning performance requirement
to ensure the test results are representative of an average consumer
use cycle, but the cleaning performance requirement is only being
included as part of the new appendix C2 and will only pertain to any
future new or amended energy conservation standards for dishwashers.
DOE testing indicates that a wide range of dishwashers are currently
available on the market that achieve the proposed cleaning index
threshold (which is equivalent to the cleaning index threshold
finalized in this document) on each soil load tested as part of the
normal cycle. In particular, such models are available from multiple
manufacturers at the DOE minimum standard level, the ENERGY STAR V. 6.0
level, and the current ENERGY STAR Most Efficient level (which is the
same as the ENERGY STAR V. 7.0 level that goes into effect in July
2023). Therefore, DOE has determined that the cleaning performance
threshold will not introduce competitive harm and that dishwashers
achieving this threshold are capable of meeting the existing DOE energy
and water conservation standards (as well as more efficient performance
levels).
[[Page 3255]]
The following sections discuss DOE's proposal in the December 2021
NOPR, additional comments received in response to the proposals, and
DOE's response and final requirements for cleaning performance.
2. Cleaning Performance Test Method
In the December 2021 NOPR, DOE proposed to adopt a cleaning
performance test method that would help determine if a dishwasher, when
tested according to the DOE test procedure, ``completely washes a
normally soiled load of dishes,'' according to the representative
consumer use. 86 FR 72738, 72755. Specifically, DOE proposed to include
the cleaning performance evaluation setup, procedures, and calculations
that are specified in the ENERGY STAR Cleaning Performance Test Method,
which references ANSI/AHAM DW-1-2010, in appendix C1 and the new
appendix C2. Id.
The ENERGY STAR Cleaning Performance Test Method specifies a
procedure to determine cleaning performance at the same test loads
described in the DOE test procedure. For soil-sensing dishwashers,
cleaning performance is evaluated on the same cycles that are used to
determine energy and water consumption (i.e., the heavy, medium, and
light soil loads). (ENERGY STAR Cleaning Performance Test Method
section 5.1.B) For non-soil-sensing dishwashers, cleaning performance
is evaluated on three additional cycles at the heavy, medium, and light
soil loads that are run immediately after the clean-load cycle that is
used to determine energy and water consumption. (ENERGY STAR Cleaning
Performance Test Method section 5.1.C) Each test load item is
quantitatively evaluated for cleanliness under prescribed lighting
conditions referenced from ANSI/AHAM DW-1-2010. (ENERGY STAR Cleaning
Performance Test Method section 4.B) Additionally, section 5.2 of the
ENERGY STAR Cleaning Performance Test Method specifies criteria to
score the load; it references section 5.10 of ANSI/AHAM DW-1-2010,
which specifies the following requirements:
Each test load item receives a score based on the number
and size of soil particles that remain on the item following the
termination of a test cycle type.
Glassware items are additionally evaluated for the number
and size of remaining spots, streaks, and rack contact marks.
A score of 0 indicates a completely clean test load item,
and a single test load item cannot exceed a cumulative score of 9.
The number of test items that receive each score is
counted (i.e., number of items in the test load that receive a score of
0, 1, 2, . . . , 9) and the weighted average of these counts is
subtracted from 100 to produce a final cleaning index for the test
cycle.
A score of 100 indicates perfect cleaning performance.
Accordingly, in the December 2021 NOPR, DOE proposed to include the
requirements specified in sections 4(B), 5.2, and 5.3 of the ENERGY
STAR Cleaning Performance Test Method, as follows:
Section 4(B) of the ENERGY STAR Cleaning Performance Test Method
establishes the lighting requirements for the evaluation room for
scoring the test load, as specified in ANSI/AHAM DW-1-2010. These same
lighting requirements are also specified in section 5.10 of AHAM DW-2-
2020; therefore, DOE proposed to reference section 5.10 of AHAM DW-2-
2020 to specify the lighting requirements for the evaluation room. 86
FR 72738, 72756.
Section 5.2 of the ENERGY STAR Cleaning Performance Test Method
establishes the scoring procedure to evaluate each dishware item in the
test load after completion of the test cycle, as specified in ANSI/AHAM
DW-1-2010. The scoring method is also specified in section 5.10.1 of
AHAM DW-2-2020; therefore, DOE proposed to reference the scoring
requirements specified in AHAM DW-2-2020. Id.
Section 5.3 of the ENERGY STAR Cleaning Performance Test Method
specifies the equation for calculating a cleaning index for each test
cycle, which is also specified in section 5.12.3.2 of AHAM DW-2-2020;
therefore, DOE proposed to reference the calculation of cleaning index
for each test cycle from AHAM DW-2-2020. Id.
In the December 2021 NOPR, DOE noted that the calculation to
determine per-cycle cleaning index is based on the individual score of
each item such that dishware and flatware are scored based on soil
particles, while glassware is scored based on soil particles as well as
spots, streaks, and rack contact marks. Id. DOE further noted that AHAM
DW-2-2020 provides two separate equations for calculating the total
cleaning index for one test run. Id. The equation in section 5.12.3.1
of AHAM DW-2-2020 specifies a soil-only cleaning index, which is
calculated using the scores of each test load item (including
glassware) based only on soil particles. Section 5.12.3.2 of AHAM DW-2-
2020 uses the same equation as that in the ENERGY STAR Cleaning
Performance Test Method (and ANSI/AHAM DW-1-2010) and defines the total
cleaning index calculation using the scores of dishware and flatware
based on soil particles and glassware based on soil particles as well
as spots, streaks, and rack contact marks. DOE proposed to reference
section 5.12.3.2 of AHAM DW-2-2020 to calculate the total cleaning
index of a cycle type because DOE stated that it expects that consumers
would evaluate the cleanliness of their load items at the completion of
a cycle type. Id. DOE requested feedback on whether it should consider
referencing section 5.12.3.1 of AHAM DW-2-2020 instead, which would
calculate the cleaning index based on soil particles only. Id. DOE
stated that if it were to calculate the cleaning index using soil
particles only, it would reevaluate the per-cycle cleaning index
threshold value [discussed further in section III.H.3 of this document]
to reflect this change. Id. DOE requested stakeholder feedback on an
appropriate threshold to consider. Id.
DOE also requested feedback on the proposed methodology to test,
score, and calculate a cleaning index to validate the tested cycle and
sought comment on whether other methodologies should be considered for
validating the cleaning performance of the tested cycle. Id.
DOE requested feedback on whether it should consider referencing
section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance,
which would calculate the cleaning index based on soil particles only.
Id. DOE noted that if it were to calculate cleaning index using soil
particles only, it would reevaluate the per-cycle cleaning index
threshold value to reflect this change. Id.
As discussed in section III.G.6 of this document, stakeholders
commented that if DOE does not specify the use of rinse aid, the
cleaning index should be calculated based on soil particles only,
without including spots, streaks, or rack contact marks. (Electrolux,
Public Meeting Transcript, No. 22 at p. 19; AHAM, No. 17 at p. 15 \39\)
During the October 2022 ex parte meeting, AHAM commented that while it
supported calculating cleaning indices based on soil particles only, it
did not support
[[Page 3256]]
raising the cleaning index threshold score of 65 much or at all as a
result of this change to alleviate some burden and reduce false
findings of noncompliance. (AHAM, No. 27 at pp. 2-3)
---------------------------------------------------------------------------
\39\ AHAM provided the same recommendation to DOE during the
October 2022 ex parte meeting and included the meeting materials in
an attachment to its memorandum summarizing the meeting.
Specifically, AHAM's recommendation regarding the determination of
the cleaning index in the absence of a specification for the use of
rinse aid may be found in the October 2022 ex parte memorandum at
(AHAM, No. 27 at p. 40).
---------------------------------------------------------------------------
Given that DOE is not specifying the use of rinse aid in the new
appendix C2, DOE has reevaluated the requirement to score glassware and
calculate the cleaning index based on soil particles only, which is
discussed in section III.H.3 of this document. Accordingly, DOE has
updated its reference, in the new appendix C2, to section 5.10.1.1 of
AHAM DW-2-2020 to score items based on soil particles and section
5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance.
AHAM referenced EPCA's requirement that new and amended test
procedures be reasonably designed [emphasis added] to produce test
results that measure energy efficiency, energy use, water use, or
estimated annual operating cost of covered products or equipment during
a representative average use cycle or period of use, while also not be
unduly burdensome to conduct; and commented that a test cannot be
considered reasonably designed if it is not accurate, repeatable, and
reproducible. (AHAM, No. 17 at p. 3; AHAM No. 26 at p. 1) AHAM further
stated that the cleaning performance test was too variable to be used
for mandatory criteria. (AHAM, No. 26 at p. 1) AHAM commented that AHAM
DW-2-2020 was designed for companies to use in their product
development efforts, and that it was not designed to be used as a
regulatory tool. AHAM stated that AHAM DW-2-2020 does not require the
same precision in repeatability and reproducibility as a mandatory
performance threshold does, and that that the AHAM DW-2-2020 test
method does not claim to replicate consumer interaction with
dishwashers, such as how they load it, how much soil is on the dishes,
how many dishes are in the dishwasher, the amount and type of detergent
used, whether rinse aid is used, etc.; rather it was intended to assess
redeposition. (AHAM, No. 17 at p. 6)
AHAM commented that the proposed test procedure, which is based on
the ENERGY STAR Cleaning Performance Test Method (which is based on
AHAM DW-2-2020 and uses DW-2-2020's scoring method) continues to be too
variable to be used for mandatory criteria and referenced comments made
in response to the EPA's ENERGY STAR Program. (AHAM, No. 17 at p. 8;
AHAM, Public Meeting Transcript, No. 22 at pp. 29-30)
AHAM additionally commented that it conducted round robin testing
in 2018 across seven test laboratories on non-soil-sensing units and
determined a within-laboratory standard deviation of 7.7 points. AHAM
commented that these results indicate that the test is not sufficiently
repeatable or reproducible to be used as a mandatory regulatory test
procedure. (AHAM, No. 17 at pp. 8-9) AHAM further claimed that there is
such a high standard deviation of test runs that it is possible that
the same dishwasher model may pass one test and fail on another test,
even within the same laboratory. (AHAM, No. 17 at p. 10) Similarly,
Whirlpool commented that due to the extreme variation between test
laboratories, it is likely that the same model may receive different
scores at different laboratories. (Whirlpool, No. 16 p. 8) Whirlpool
commented that a dishwasher could potentially receive a passing score
at one manufacturer's laboratory, while another manufacturer's
laboratory may produce a failing score, leading to competitive harm
between manufacturers. (Id.) Whirlpool also stated that there could be
a difference of up to 6 to 8 points in scoring even among experienced
technicians in a single laboratory, and a single technician may grade
the exact same item differently between runs. (Whirlpool, No. 16 at pp.
4, 10)
AHAM commented that results from round robin testing that it
conducted in 2013 are more relevant to DOE's proposed test procedure
because the 2018 round robin included more soiled dishes in the load
than DOE's proposed test procedure. AHAM stated that the 2013 round
robin evaluated variation under the same or very similar conditions to
DOE's current proposal. (AHAM, No. 26 at p. 2) AHAM stated that the
2013 round robin, which was used to evaluate the ENERGY STAR
performance test and DOE's proposed test procedure is based on that,
included two units at six laboratories and each unit was tested two
times by two technicians. (AHAM, No. 26 at p. 3) AHAM commented that
for a soil-sensing unit, the standard deviation was as high as 6.8
percent, meaning whether a unit passes or fails DOE's proposed criteria
depends significantly on who is doing the grading. (Id.) AHAM further
commented that DOE's proposed test procedure focuses only on one aspect
of performance (i.e., cleaning) and ignores others (i.e., drying
effectiveness, cycle length, and noise), which could frustrate
consumers and drive them away from dishwasher use, thus increasing
energy and water use. (AHAM, No. 26 at p. 4)
Whirlpool commented that DOE has not addressed or resolved these
longstanding issues with repeatability and reproducibility of the AHAM
DW-2 test method, and stated that AHAM has documented the huge amount
of variation that exists within a laboratory and lab-to-lab with this
AHAM performance test. (Whirlpool, No. 16 at p. 8) Whirlpool and AHAM
stated that DOE has not presented data to demonstrate the proposed test
is repeatable or reproducible. (Whirlpool, No. 16 at p. 8; AHAM, No. 17
at p. 10) AHAM commented that its own data demonstrated that the test
was not sufficiently repeatable or reproducible to provide accurate
results and that DOE should not adopt it on this basis alone. (AHAM,
No. 17 at p. 10)
Conversely, Samsung commented that it supported DOE's proposal to
adopt the ENERGY STAR Cleaning Performance Test Method and use of AHAM
DW-2-2020 to determine the cleaning index for the test cycle. (Samsung,
No. 21 at p. 2) Samsung stated that this test method is subject to
variability, but that it is the best option available to measure
cleaning performance, and that the minimum threshold score level could
be set to accommodate this variability. (Id.)
The CA IOUs commented that manufacturers were familiar with the
ENERGY STAR Cleaning Performance Test Method and 117 dishwasher models
across 12 brands meet the cleaning index of 70 that is required for all
three test loads to qualify for the ENERGY STAR Most Efficient product
designation. (CA IOUs, No. 19 at p. 2)
Based on an evaluation of currently available industry standards,
DOE believes the AHAM DW-2-2020 standard is the best standard available
for testing U.S. dishwasher models. To the extent that industry were to
update its test method to evaluate other aspects of dishwasher
performance, DOE will consider whether to adopt such standards for the
DOE test procedure.
Additionally, during the development of the ENERGY STAR Cleaning
Performance Test Method, DOE had presented data and noted that the
``test method is reproducible as long as the unit under test operates
consistently.'' \40\ That is, cleaning performance was generally
reflective of the energy and water used by a soil-sensing dishwasher;
if the turbidity sensor of soil-sensing dishwashers triggered
[[Page 3257]]
different machine responses (i.e., it is inconsistent) resulting in
differing amounts of water or energy used for test cycles at a given
soil level, there would be larger associated variation in the cleaning
indices among these cycles.
---------------------------------------------------------------------------
\40\ ENERGY STAR[supreg] Residential Dishwasher Cleaning
Performance Draft 2 Test Method Stakeholder Webinar. October 16,
2012. Page 18. Available at www.energystar.gov/sites/default/files/specs//Draft%202%20Test%20Method%20Dishwasher%20Cleanability%20Webinar_0.pdf
.
---------------------------------------------------------------------------
DOE notes that AHAM's comment did not specify key information that
would help DOE evaluate AHAM's claims. For instance, with regard to the
2018 round-robin test data that AHAM provided as the basis for its
conclusion that the cleaning performance test demonstrates significant
variability in test results, AHAM did not specify which test method and
cycle type was selected for testing. Section 5.2 of ANSI/AHAM DW-1-2010
specifies ten soiled place settings, while section 5.2 of AHAM DW-1-
2019 and AHAM DW-2-2020 specify eight soiled place settings. Using
either test method, the number of soiled place settings is higher
compared to the DOE test procedure which requires a maximum of four
(out of eight) soiled place settings for the heavy soil load. The
medium and light soil loads have two and one soiled place setting,
respectively. It is important to know the number of soiled place
settings because DOE has observed that variation in the cleaning index
increases as the number of soiled place settings increase. Figure III-1
shows the average standard deviation of the cleaning index at the
heavy, medium, and light soil loads (depicted as four, two, and one
soiled place setting, respectively) for the repeatability and
reproducibility testing that DOE conducted on non-soil-sensing
dishwashers during development of the ENERGY STAR Cleaning Performance
Test Method. The figure also shows the standard deviation reported by
AHAM as part of its round robin testing on non-soil-sensing
dishwashers; for the purposes of this graph, DOE assumed that AHAM
soiled eight place settings during round robin testing. As seen in the
graph, the average standard deviation of the cleaning index tends to
increase as the number of soiled place settings increase, which
indicates that the expected standard deviation for the soils specified
in the DOE test procedure would be significantly smaller than the 7.7
points indicated by AHAM.
[GRAPHIC] [TIFF OMITTED] TR18JA23.006
Figure III-1 Average Standard Deviation of the Cleaning Index at
Different Soil Loads, Represented by the Number of Soiled Place
Settings.
DOE also evaluated AHAM's 2013 round robin data discussed in AHAM's
late comment. (See AHAM, No. 26 at p. 2) DOE notes that the test
procedure in this final rule specifies additional test setup and
instrumentation requirements compared to the ENERGY STAR Cleaning
Performance Test Method (which was the basis for AHAM's 2013 round
robin) to limit variability. These include specifying a relative
humidity requirement along with relative humidity measuring device
requirement; explicitly stating the target temperature at which the
test should be conducted; specifying a new detergent dosing
methodology, which is based on number of place settings rather than
prewash and main wash fill water volumes, and hence, less prone to the
uncertainty associated with differentiating the prewash and main wash
cycles; and, specifying that cleaning indices must be calculated
without scoring for spots, streaks, and rack contact marks on glassware
given that rinse aid is not used during the test.
DOE acknowledges that while AHAM's 2013 round robin data shows that
the standard deviation for a soil-sensing unit was as high as 6.8, the
average within-laboratory (i.e., repeatability) cleaning index standard
deviation was 2.05, while the average between-laboratories (i.e.,
reproducibility) cleaning index standard deviation was 3.35. For some
of the tests with high within-laboratory variation (including the unit
that had the highest standard deviation of 6.8), DOE observed that the
energy or water use were different between two tests at the same
laboratory, which also impacted the cleaning indices. That is, if a
unit's soil-sensors trigger a different response to the soil load,
which changes the energy or water use at the same soil load, then the
cleaning index varies accordingly. DOE also observed that for all but
one test laboratory, the average difference in cleaning indices between
two technicians for the same test was 1.24. These results indicate that
repeatable and reproducible results for cleaning performance are
already achievable with currently experienced laboratory technicians as
long as the sensor response of test units is consistent. As discussed,
the additional test procedure requirements incorporated in this final
rule would further limit variability in testing.
AHAM commented that variation in the proposed performance metric
can only be reduced to a certain point due
[[Page 3258]]
to potential human error (i.e., a human soils and scores the test load,
which would make the result inherently subjective). AHAM asserted that
while technician training can help reduce variation, the training would
be burdensome to conduct and may not sufficiently reduce variation,
especially lab-to-lab. (AHAM, No. 17 at p.10) AHAM commented that it is
focused on reproducibility because of the consequences for units that
may pass in one laboratory and fail in another, which could lead to
non-compliance and costly fines. (Id.) Similarly, Whirlpool contends
that the unreasonable variation is due to the human factor of the test.
(Whirlpool, No. 16 at p. 8) During the October 2022 ex parte meeting,
AHAM recommended that DOE, together with AHAM and other stakeholders as
DOE deems appropriate or necessary, develop a process to qualify
laboratories to conduct the DOE test procedure. AHAM stated that a
process for qualifying laboratories and technicians, would help
accomplish the goal that technicians are trained and skilled and
laboratories, including manufacturer laboratories, have a common
understanding for scoring. AHAM stated that it has a process for
qualifying laboratories as part of its air cleaner certification
program, which has been successful in reducing variation, which could
be used as a starting point. (AHAM, No. 27 at pp. 3-4) As it has for
other newly adopted test procedures (e.g., the conventional cooking
tops test procedure), DOE considers individual requests for assisting
testing laboratories in gaining familiarity with test conduct. DOE also
notes that many manufacturers have already gained experience with
soiling and scoring test loads through participation in the ENERGY STAR
Most Efficient dishwashers program, which includes a reporting
requirement for cleaning performance.
AHAM commented that the cleaning performance test is subject to
high variation and that verification and enforcement would be virtually
impossible. (AHAM, No. 17 at p. 13) AHAM commented that if DOE
continues with the proposal to include a cleaning performance test
method, it should allow for a wide tolerance of scores to address the
subjectivity and lack of reproducibility of the test. (Id.) AHAM
commented that due to the high variation in the cleaning performance
test, it would be virtually impossible to conduct enforcement of
cleaning scores and it is likely that there would be false findings of
both compliance and non-compliance with DOE's proposed cleaning
performance requirements. (AHAM, No. 26 at p. 4) During the October
2022 ex parte meeting, AHAM proposed that DOE's enforcement policy
should be similar to other products such as refrigerator/freezers.
Specifically, AHAM commented that if DOE's test results are within 14
percent of the proposed cleaning index threshold of 65, DOE will use
the normal cycle for the assessment/enforcement test. Otherwise, if the
tested score is not within that range, DOE would follow the test's
requirements for when the score of 65 is not achieved. AHAM stated that
its proposal is based on the data it provided in the comments in
response to the December 2021 NOPR, wherein AHAM stated that the
standard deviation can be as high as 7 and the 14 percent tolerance
represents a 95-percent confidence interval defined by two times the
standard deviation. (AHAM, No. 27 at p. 3) Samsung also stated that
there was precedent for a minimum performance threshold requirement for
test validity, citing the threshold dryness level for automatic
termination of clothes dryers as a condition for a test cycle to be
valid. (Id.) Further, Samsung stated that it believes that DOE has the
authority to require that valid energy tests must reflect at least a
minimum functionality and cleaning performance under EPCA to ensure
representativeness of the test cycle. (Id.)
DOE notes that its specified cleaning index threshold does not
include any additional tolerance because the specified value represents
a minimum threshold that DOE's analysis has indicated is indicative of
a consumer-accepted level of cleaning performance. This approach is
also consistent with the test procedure for clothes dryers tested
according to appendix D2, which specifies a threshold dryness level for
automatic cycle termination as a condition for a valid test cycle.
Section 3.3.2 of 10 CFR appendix D2 to subpart B of part 430.
Regarding AHAM's reference to enforcement provisions for
refrigerators and freezers, DOE notes that those provisions specify
tolerances to determine the validity of certified refrigerated volumes
based on the average of individual test measurements. 10 CFR
429.134(b). Refrigerated volume is the basis for determining the
product class and corresponding energy conservation standard for a
given basic model of refrigerator, refrigerator-freezer, or freezer.
Thus, the refrigerated volume measurement and its associated tolerance
is not analogous to the cleaning index threshold established by this
final rule for dishwashers.
GEA commented that any DOE test procedure must statutorily be
repeatable and reproducible per 42 U.S.C. 6293(b)(3) in EPCA and any
test procedure that fails to satisfy these two fundamental engineering
principles cannot be said to produce test results that actually measure
energy use as required by EPCA. (GEA, No. 20 at p. 2) GEA commented
that DOE had not demonstrated that the cleaning performance test method
meets EPCA's requirements. GEA contends that DOE admitted in the public
meeting that it lacks any data on the reproducibility of the proposed
cleaning metric. GEA stated that data provided by AHAM and its members
demonstrated poor reproducibility results for the test procedure. (Id.)
GEA commented that the lack of data regarding repeatability and
reproducibility undermined the credibility and effectiveness of any
enforcement action DOE may take. GEA suggested that if DOE attempts to
assert a penalty for a product that is alleged to have failed to
complete a valid test as a result of the cleaning performance metric,
the validity of the test procedure and the validity of the cleaning
performance evaluation will be challenged. (Id.) Relatedly, Whirlpool
reiterated that it is not acceptable for DOE to verify and enforce a
requirement with such extreme variation, especially when there could be
a large monetary penalty for noncompliance for individual
manufacturers. Whirlpool also noted that the proposal to include the
cleaning performance test and cleaning index threshold would cause an
enormous disruption to the marketplace. (Whirlpool, No. 16 at pp. 9-10)
GEA commented that AHAM DW-2-2020 was not designed for and is not
appropriate to be used as a test procedure for a regulatory enforcement
program. GEA stated that even if AHAM DW-2-2020 was fully incorporated
into the DOE test procedure, GEA would oppose the incorporation because
the test was not designed for and does not provide the low level of
variability which is required for a test used in a regulatory
enforcement program. Further, GEA explained that AHAM DW-2-2020 does
not contain a prescriptive threshold. (GEA, No. 20 at p. 3) Whirlpool
claimed that DOE lacked the adequate justification necessary to make
cleaning performance a mandatory regulatory performance requirement and
that the proposal contained unsolved repeatability and reproducibility
issues. (Whirlpool, No. 16 at p. 3)
[[Page 3259]]
As mentioned previously in this document, DOE's analysis indicates
that repeatable and reproducible results for cleaning performance are
achievable as long as the sensor response of test units is consistent.
Additionally, the amendments to appendix C1, which are also specified
in the new appendix C2, are intended to further limit variability in
testing. Further, to mitigate the potential impact to the marketplace,
DOE is specifying cleaning performance requirements only in the new
appendix C2, which would go into effect only when compliance is
required with any amended standards.
AHAM commented that DOE's proposed metric ignored all performance
aspects other than cleaning performance and that DOE did not appear to
have made an effort to determine the consumer relevance of the other
performance attributes that may be impacted. (AHAM, No. 17 at p. 5)
AHAM also commented that DOE had not addressed how grease and detergent
buildup over time may impact the proposed minimum cleaning index
threshold. (AHAM, No. 17 at p. 6; AHAM, Public Meeting Transcript, No.
22 at p. 30) AHAM commented that DOE's proposed cleaning performance
test focuses only on whether or not the soils are removed from the
dishware and not redeposited. AHAM reiterated its earlier comment that
the cleaning performance test does not address grease or detergent
buildup over time, stating that this is a significant issue when
consumers pre-rinse because the detergent has less to attach itself to
and, as a result, there is more soil left on the dishes when the cycle
ends. (AHAM, No. 26 at p. 5)
DOE agrees with AHAM that the test procedure proposed in the
December 2021 NOPR evaluates the cleaning index on the basis of soils
remaining on the test load items at the conclusion of the test cycle,
including particles that are redeposited as well as those that are not
removed in the first place. Regarding AHAM's concern that the test
procedure does not account for grease buildup over time, DOE notes that
the cleaning index threshold was determined based on analysis of
consumer usage of dishwashers over time, and thus already factors in
the presence of grease buildup in determining a consumer-accepted level
of cleaning performance.
Accordingly, consistent with the December 2021 NOPR, DOE is
finalizing in the new appendix C2 its proposal to test, score, and
calculate a cleaning index to validate the tested dishwasher cycle
type. DOE is referencing AHAM DW-2-2020 for the lighting requirements,
scoring method, and equation for calculating a cleaning index for each
test cycle.
3. Cleaning Index Threshold Value
In the December 2021 NOPR, DOE proposed to provide direction in the
test procedure as to what constitutes whether a cycle type under test
can completely wash a full load of normally soiled dishes by
establishing a minimum cleaning index threshold as a condition for each
individual test cycle to be valid. 86 FR 72738, 72756. The threshold is
intended to represent a level of cleaning such that if the dishwasher
did not meet this threshold after operating in the ``normal cycle,''
the consumer would be expected to operate the dishwasher using a more
energy-intensive cycle than the ``normal cycle.'' Specifically, DOE
proposed that if the normal cycle at a particular soil level (i.e.,
heavy, medium, or light) does not achieve the defined cleaning index
threshold, that soil level (i.e., heavy, medium, or light) would need
to be re-tested using the most energy-intensive cycle (to be determined
using the methodology discussed in section III.H.4 of this document)
that achieves the defined cleaning index threshold. Id. The data from
the most energy-intensive cycle would be used to represent that soil
level in the downstream calculations.
To determine an appropriate threshold value, DOE aggregated
confidential consumer cycle selection data provided by industry for the
December 2021 NOPR and considered past consumer comments and test data
collected in support of the short cycle product class rulemaking that
was published on October 30, 2020 (``October 2020 Final Rule'' See 85
FR 68723).\41\ Id.
---------------------------------------------------------------------------
\41\ See Dishwasher NODA Test Data (5-21-20), available at
www.regulations.gov/document/EERE2018-BT-STD-0005-3213.
---------------------------------------------------------------------------
In the December 2021 NOPR, DOE stated that it understands general
consumer satisfaction as a fundamental characteristic of a functioning
market, and that consumers are largely satisfied with the performance
of dishwashers currently on the market. Id. However, based on comments
DOE received from Samsung in response to the August 2019 RFI as well as
qualitative comments that DOE received during the rulemaking that
culminated in the October 2020 Final Rule, DOE recognized that the
cleaning performance of the normal cycle may not always meet consumer
expectations of cleaning performance. (See for example: Toronto, EERE-
2018-BT-STD-0005, No. 2304 at p. 1; Carley, EERE-2018-BT-STD-0005, No.
2950 at p. 1; Bruggeman, EERE-2018-BT-STD-0005, No. 3038 at p. 1; etc.)
Id. at 86 FR 72756-72757. Further, confidential data submitted by
manufacturers indicate, in the aggregate, that roughly 25 to 45 percent
of all dishwasher cycles are conducted on a cycle type other than the
normal cycle. DOE recognized that among these other selected cycle
types, some would be expected to be less energy-intensive than the
normal cycle (e.g., a glassware cycle type), while others would be
expected to be more energy-intensive than the normal cycle (e.g., a
pots and pans cycle type). Id. at 86 FR 72757. The data provided by
manufacturers do not indicate which cycle types comprise the percentage
of cycles not conducted on the normal cycle. In lieu of additional
details regarding the dataset, DOE proceeded under the assumption that
either option (alternatively selecting a more energy-intensive or less
energy-intensive cycle) is equally as likely. Id. Accordingly, DOE
estimated that one-half (i.e., 12 to 23 percent) of cycles not
conducted on the normal cycle are instead conducted on a cycle that is
more energy-intensive than the normal cycle. Id.
In the December 2021 NOPR, DOE stated that since it expects that
consumers unsatisfied with the cleaning performance of the normal cycle
would select alternate cycle types that are more energy-intensive to
achieve better cleaning results, the cycle selection data serve as a
reasonable proxy for consumer acceptance of the cleaning performance of
the normal cycle. Id. To identify an appropriate cleaning index
threshold, DOE sought to select a cleaning index value that aligned
with the cycle selection data. Id. That is, DOE sought to identify the
cleaning index value that was achieved between 77 to 88 percent of the
time when a dishwasher was operated on the normal cycle, indicating
that the remaining 12 to 23 percent of the time the cleaning
performance on the normal cycle would be worse and thus would result in
consumers selecting more energy-intensive cycles. Id. DOE evaluated the
cleaning indices measured for the heavy, medium, and light soil load
cycles as defined in the DOE dishwasher test procedure, using the
market-representative dishwasher test sample from the October 2020
Final Rule.\42\ Id. Using these data, DOE plotted the rate at which
test cycles would meet or exceed different cleaning
[[Page 3260]]
index values (in increments of 5 on the Cleaning Index scale). Id.
---------------------------------------------------------------------------
\42\ The test sample consisted of 31 units spanning 13 brands.
The units selected for testing represented over 95 percent of
dishwasher manufacturers and were broadly representative of the
current dishwasher market. 85 FR 68723, 68724.
---------------------------------------------------------------------------
In determining a threshold, DOE sought to establish a level that
ensures the tested cycle type produces test results that measure energy
use and water use of the dishwasher during a representative average use
cycle. Id. Establishing a threshold level that is ``too high'' would
indicate that a substantial number of dishwasher cycles performed by
consumers do not meet consumer expectations for cleaning performance on
the normal cycle, which would not appropriately reflect general
consumer usage of the normal cycle. Whereas, establishing a threshold
that is ``too low'' would not appropriately reflect the percentage of
cycles for which consumers are likely to select a more energy-intensive
cycle to achieve better cleaning performance than can be achieved on
the normal cycle. DOE used test data and consumer usage weighting
factors specified in appendix C1 (and intended to be retained in
appendix C1 and specified in the proposed new appendix C2) for the
heavy (0.05), medium (0.33), and light (0.62) soil loads to calculate
the percentage of cycles that would not meet the threshold on the
normal cycle. Id. at 86 FR 72758. DOE plotted the percentage of cycles
that would not meet the threshold on the normal cycle, along with the
range for the percentage of cycles that would operate on a more energy-
intensive cycle than the normal cycle as estimated from industry data.
Id. Based on the results of its analysis, DOE proposed establishing a
minimum cleaning index of 65 as the threshold level for a test cycle to
be valid. Id.
DOE proposed to specify the same cleaning index threshold value for
all tested soil loads because it did not have information to suggest
that consumer expectations for the cleaning performance of the load at
the end of the cycle differ based on the initial soil load of the
dishware. Id. at 86 FR 72759.
DOE requested feedback on the proposed cleaning index threshold
value of 65 for each test cycle or whether it should consider a
threshold value of 70 instead. Id.
DOE requested additional data on consumer dishwasher cycle type
selections. Id. In particular, DOE requested data indicating the
frequency with which consumers select the normal cycle; and, for cycles
not conducted on the normal cycle, the frequency with which a more
energy-intensive cycle is selected. Id.
DOE also requested additional data on how frequently consumers are
dissatisfied with the cleaning performance of the normal cycle as well
as the actions, and the frequency of each action, that consumers would
take if the load is not satisfactorily clean. Id.
AHAM commented that DOE did not provide any data or consumer
research to show that a cleaning index of 65 is consumer relevant or
that 65 is the ``tipping point'' between ``good'' and ``poor''
dishwasher performance. AHAM stated that DOE has not done consumer
research to show that a cleaning index of 65 reflects consumer
expectations of cleaning performance. (AHAM, No. 17 at p. 6; AHAM,
Public Meeting Transcript, No. 22 at pp. 21-22; AHAM No. 26 at p. 5)
During the December 2021 NOPR public meeting, AHAM commented that it
had provided comments in the past stating that the ENERGY STAR Most
Efficient cleaning index threshold of 70 is not based on any consumer
data demonstrating correlation or satisfaction. (AHAM, Public Meeting
Transcript, No. 22 at pp. 24-25) Further, AHAM commented that DOE had
not presented any consumer data to demonstrate that its proposed test
and/or threshold are relevant to the consumer or correlate to consumer
satisfaction. (AHAM, No. 17 at p. 4; AHAM, No. 26 at p. 5) AHAM
commented that without this data, DOE's proposal is arbitrary and
capricious and does not satisfy the Data Quality Act. (Id.)
Whirlpool stated that DOE did not justify the development of the
cleaning index with an acceptable level of data nor demonstrated that a
score of 65 will lead to consumer satisfaction and prevent consumers
from using more energy- and water-intensive cycles. (Whirlpool, No. 16
at p. 3) Whirlpool stated that DOE had not provided any data or
justification to indicate that 65 was the right threshold for a minimum
cleaning index. (Whirlpool, No. 16 at p. 8)
Conversely, the Joint Commenters stated that a minimum cleaning
index threshold of 65 was reasonable, based on the data available to
DOE. (Joint Commenters, No. 18 at p. 2) Samsung commented that it
supported DOE's proposed cleaning index threshold value of 65 and the
approach DOE took to determine this value, given that no known study
exists showing direct correlation between the cleaning index and
customer acceptance. (Samsung, No. 21 at p. 2) Samsung additionally
commented that DOE's approach was substantiated by the 2021 LBNL
survey,\43\ which indicated 17 percent of respondents sometimes re-run
their dishwasher due to inadequate cleaning. Samsung explained that of
the 17 percent of respondents that re-run their dishwasher
``sometimes,'' over half, 56 percent, reported that they re-run their
dishwasher between one and three times per week. (Samsung, No. 21 at
pp. 2-3)
---------------------------------------------------------------------------
\43\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed
July 6, 2022.
---------------------------------------------------------------------------
AHAM also commented that the only data that DOE's proposal is based
on is manufacturer data indicating that 24 to 46 percent of selected
cycle types are not the normal cycle and are instead done on another
cycle type along with an unproven assumption that the only reason a
consumer might use a cycle type other than the normal cycle is because
the consumer is not satisfied with the normal cycle's performance.
(AHAM, No. 17 at p. 6) AHAM stated that DOE's assumption that consumers
select a more energy-intensive cycle 50 percent of the time when they
do not select the normal cycle did not have any basis. AHAM commented
that it does not agree that cycle selection data serves as a proxy for
consumer acceptance of normal cycle cleaning performance and DOE has
presented no data upon which to base the accuracy or reasonableness of
that assumption. AHAM stated that DOE has no data and without it, DOE's
proposal did not meet the requirements of the APA or the Data Quality
Act. (AHAM, No. 17 at p. 7)
Whirlpool reiterated that the proposed minimum cleaning index is
built on flawed data and contain numerous layered assumptions.
(Whirlpool, No. 16 at p. 4) Whirlpool commented that it is a big
assumption that half of the cycle types use more energy/water than the
normal cycle, and half use less. Whirlpool stated that there is no
justification for such an assumption, and DOE cannot use consumer
selection of other non-normal cycles as any proxy for consumer
satisfaction in the normal cycle. (Id.) Whirlpool commented that the
proposed industry cleaning performance test would need to correlate
strongly with consumer satisfaction to be justified, but its data
indicate otherwise and due to the significant variation in actual
consumer usage patterns, there is doubt over whether such a metric that
accurately represents consumer cleaning performance satisfaction could
ever exist. (Whirlpool, No. 16 at pp. 7-8)
DOE notes that its goal in establishing a minimum cleaning index
threshold is to ensure that testing is representative of consumer use
and does not prevent consumers from using more energy-intensive cycles.
DOE also notes that while it may not have data that shows a direct
correlation between various
[[Page 3261]]
cleaning indices and consumer satisfaction at each respective cleaning
index threshold, DOE evaluated consumer satisfaction of the cleaning
performance of a dishwasher by analyzing cleaning performance data with
the frequency at which consumers are likely to use a more energy-
intensive cycle. DOE proxied the use of more energy-intensive cycles as
dissatisfaction with performance when using the normal cycle.\44\ Based
on this relationship, DOE estimated that consumers are likely to run a
more energy-intensive cycle between 12 and 23 percent of the time. This
estimate is based on the assumption that consumers select a more
energy-intensive cycle 50 percent of the time when they do not select
the normal cycle. DOE's estimate that consumers select a more energy-
intensive cycle between 12 and 23 percent of the time is further
validated based on results from LBNL's survey on dishwasher
characteristics, usages, and consumer preferences.\45\ The sample
methodology for this survey was designed to be as reflective of the
U.S. population (in terms of demographics such as age, income, etc.) of
recent purchasers of dishwashers as possible (see section 2.4 of the
LBNL report). The LBNL report states that 17 percent of the respondents
indicated that they ``sometimes'' re-run their dishwasher due to
inadequate cleaning, and DOE estimates that these cycles represent up
to 75 percent \46\ of their weekly dishwasher cycles. In other words,
consumers on average may re-run their dishwasher due to inadequate
cleaning up to 13 percent of the time (17 percent of consumers times 75
percent of usage cycles). DOE expects the percentage of cycles that are
represented by proxy by a more energy-intensive cycle to be somewhat
greater than the maximum reported 13 percent because these consumers
may also take other more energy-intensive actions besides re-running
the cycle, such as handwashing or pre-rinsing, for additional weekly
cycles that fail to achieve adequate cleaning. All of the cycles which
fail to achieve adequate cleaning, including up to 13 percent of cycles
that are re-run and additional cycles for which consumers take other
more energy-intensive actions, are represented in aggregate by DOE's
estimate of the 12 to 23 percent range.
---------------------------------------------------------------------------
\44\ DOE used a similar correlation in the clothes dryer test
procedure at appendix D2, wherein DOE determined that 5-percent
final remaining moisture content (``RMC'') of a real-world load is
the maximum consumer-accepted final moisture level, and implemented
a threshold value of final RMC in the test procedure for clothes
dryers with automatic cycle termination to ensure the tested cycle
produces energy use results that are representative. Because the
test cloth used to test clothes dryers according to appendix D2 is
uniform, for purposes of repeatability and reproducibility, it dries
faster and more uniformly than a real-world load of varying weights,
composition, and size. Therefore, DOE specified a 2-percent final
RMC threshold for clothes dryers with automatic cycle termination
when testing with the DOE test cloth as a proxy for the 5-percent
maximum consumer-accepted final RMC in real-world loads, because
testing to 5-percent final RMC with the DOE test cloth would produce
energy use results that were too low to represent actual consumer
behavior. 78 FR 49608, 49613-49614.
\45\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed
July 6, 2022.
\46\ The LBNL report states that, of the respondents that
reported they ``sometimes'' re-run their dishwasher, ``over half (56
percent) of respondents reported that they re-run their dishwasher
between 1 and 3 times per week.'' DOE calculated 184 annual cycles
to be 4 cycles per week. If consumers are re-running their cycles up
to 3 times per week, that would be 75 percent of their total cycles
run (\3/4\ = 0.75).
---------------------------------------------------------------------------
GEA commented that DOE did not have any data to support that its
proposed cleaning index threshold of 65 is relevant to consumers or
representative of consumer cleaning performance satisfaction. (GEA, No.
20 at p. 3) GEA commented that if DOE did not have any evidence that
the cleaning index threshold is relevant to consumers, then DOE could
not have confidence that continued performance is ensured in the face
of ever-increasing energy conservation standards. (Id.) GEA stated that
DOE's minimum cleaning index value is arbitrary and is not connected to
consumer preference as the vast majority of consumers are satisfied
with the performance of their dishwashers. (Id.) DOE's analysis of the
available data indicates that a majority of test cycle types would meet
the proposed cleaning index, aligning with GEA's comment that the vast
majority of consumers are satisfied with their dishwasher cleaning
performance.
Whirlpool commented that even with adequate data that showed that
the most energy-intensive cycle is consumer-representative, it does not
believe that DOE could move forward with the proposal, citing little
correlation between scores from the AHAM DW-2 performance test and
actual consumer satisfaction data. (Whirlpool, No. 16 at p. 6)
Whirlpool cited a study it conducted in which it charted consumer
satisfaction data gathered with proprietary algorithms versus AHAM DW-
2-2020 cleaning indices and found poor correlation between the AHAM
cleaning indices and consumer satisfaction. (Id. at pp. 6-7) While DOE
appreciates the data provided by Whirlpool, DOE would require
additional information regarding how Whirlpool quantified consumer wash
sentiment. Based on the data available at this time, DOE believes that
the cleaning performance threshold provides a reasonable proxy for when
consumers are likely to be dissatisfied with performance on the normal
cycle.
Therefore, DOE's approach and methodology to determine the
appropriate cleaning index threshold at which consumers are likely to
re-run their dishwasher cycle is reasonable and DOE has used this same
approach to determine its cleaning index threshold. As noted in section
III.H.2 of this document, DOE is specifying that the cleaning index be
calculated using soil particles only and the scores associated with
spots, streaks, and rack contact marks on glassware items should be
excluded when calculating the cleaning index. Accordingly, DOE re-ran
its analysis to calculate cleaning indices for each tested unit without
the scores of spots, streaks, and rack contact marks included. This
resulted in an increase in cleaning indices for all units at all
cycles. DOE used these cleaning indices for each unit and plotted the
rate at which test cycles would meet or exceed different cleaning index
values (in increments of 5 on the Cleaning Index scale). Figure III-2
shows the percentage of each of the soil test cycles that meet the
threshold at each potential threshold level among all the units in the
test sample. DOE then used these data and the consumer usage weighting
factors specified in appendix C1 (and the new appendix C2) for the
heavy (0.05), medium (0.33), and light (0.62) soil loads to calculate
the percentage of cycles that would not meet the threshold on the
normal cycle. The percentage of cycles that that would not meet the
threshold on the normal cycle is shown in Figure III-3, along with the
range for the percentage of cycles that would operate on a more energy-
intensive cycle than the normal cycle as estimated from industry data
and LBNL's survey data. Based on these results, DOE observes that a
cleaning index of 70, calculated using only soil particles and
excluding spots, streaks, and rack contact marks, is equivalent to the
cleaning index threshold of 65 that it proposed in the December 2021
NOPR. Accordingly, in this final rule, DOE is finalizing a cleaning
index threshold of 70 in the new appendix C2, calculated using only
soil particles and excluding spots, streaks, and rack contact marks.
[[Page 3262]]
[GRAPHIC] [TIFF OMITTED] TR18JA23.007
Figure III-2 Percentage of Heavy, Medium, and Light Soil Test Cycles
When Tested on the Normal Cycle, That Meet or Exceed Cleaning Index
[GRAPHIC] [TIFF OMITTED] TR18JA23.008
Figure III-3 Percentage of Cycles That Would Not Meet the Threshold on
the Normal Cycle at Each Cleaning Index Threshold
[[Page 3263]]
At a cleaning index of 65, the percentage of test cycles at each
soil level that would achieve the minimum cleaning index threshold is
97 percent for lightly soiled loads, 81 percent for medium soiled
loads, and 58 percent for heavily soiled loads. On a weighted-average
basis, the measured normal test cycles would reach the threshold
cleaning index of 65 approximately 90 percent of the time (i.e., 10
percent of cycles would not meet the threshold, as shown in Figure III-
3).\47\ For comparison, at a cleaning index of 70, the percentage of
test cycles at each soil level that would achieve the minimum cleaning
index threshold is 97 percent for lightly soiled loads, 65 percent for
medium soiled loads, and 58 percent for heavily soiled loads. On a
weighted-average basis, the measured normal test cycles would reach the
threshold cleaning index of 70 approximately 84 percent of the time
(i.e., 16 percent of cycles would not meet the threshold, as shown in
Figure III-3). At a cleaning index of 75, the percentage of test cycles
at each soil level that would achieve the minimum cleaning index
threshold is 94 percent for lightly soiled loads, 52 percent for medium
soiled loads, and 45 percent for heavily soiled loads. On a weighted-
average basis, the measured normal test cycles would reach the
threshold cleaning index of 75 approximately 77 percent of the time
(i.e., 23 percent of cycles would not meet the threshold, as shown in
Figure III-3). The 16-percent rate--representing the overall percentage
of cycles that would not meet the threshold on the normal cycle--at a
cleaning index threshold of 70--would align with DOE's estimate of
roughly 12 to 23 percent of cycles being operated using a more energy-
intensive cycle than the normal cycle as well as LBNL's survey data,
which noted that about 17 percent of consumers sometimes re-run their
dishwasher due to inadequate cleaning. On the other hand, at a cleaning
index threshold of 65, only 10 percent of cycles would be operated
using a more energy-intensive cycle, which falls outside the 12 to 23
percent range that DOE has estimated for the percentage of cycles that
are likely to be operated on a more energy-intensive cycle and at a
cleaning index threshold of 75, 23 percent of cycles would be operated
using a more energy-intensive cycle, which is exactly at the upper
limit of the range estimated by DOE. Therefore, DOE is establishing a
cleaning index of 70 in appendix C2 to determine a valid test cycle.
---------------------------------------------------------------------------
\47\ DOE estimates the overall rate as a weighted average of the
rate at each soil load times the frequency of consumer usage of each
soil load; i.e., (97 percent lightly soiled x 0.62) + (81 percent x
0.33) + (58 percent x 0.05) = 90 percent overall rate that meets a
threshold of 65. Therefore, 10 percent of cycles would not meet the
threshold of 65.
---------------------------------------------------------------------------
4. Validation of the Test Cycle
Similar to the ENERGY STAR Cleaning Performance Test Method, in the
December 2021 NOPR, DOE proposed that the cleaning index of the test
cycles be determined for the same test cycle types required for the
energy and water tests for both soil-sensing and non-soil-sensing
dishwashers. 86 FR 72738, 72759. However, in the December 2021 NOPR,
DOE proposed a slightly different test method for both soil-sensing and
non-soil-sensing dishwashers, compared to the ENERGY STAR Cleaning
Performance Test Method. Specifically, for soil-sensing dishwashers,
DOE proposed that if the normal cycle did not meet the proposed
cleaning index threshold, it would be re-run at the most energy-
intensive cycle that could meet the proposed threshold. DOE also
proposed that the filter should be cleaned prior to testing the soil
level at the most energy-intensive cycle. For non-soil-sensing
dishwashers, DOE proposed in the December 2021 NOPR that these
dishwashers be tested using the heavy soil load (as opposed to the
clean test load). If the dishwasher met the proposed cleaning index
threshold using the heavy soil load, no additional tests were proposed.
If the dishwasher did not meet the proposed cleaning index threshold
using the heavy soil load, DOE proposed that the unit be tested using
the most energy-intensive cycle that met the proposed threshold as well
as the medium soil load using the normal cycle. This process would be
repeated for the light soil load, if the medium soil load did not meet
the proposed threshold. Additionally, for compact dishwashers with less
than four place settings, DOE proposed the number of place settings
that should be soiled at the heavy, medium, and light soil loads. Id.
DOE also presented alternate approaches to re-testing at the most
energy intensive cycle, such as applying an ``adder'' or multiplicative
factor to the energy and water consumption values for any test cycles
that do not achieve the defined cleaning index threshold. Id.
Based on this proposal, DOE sought comments on several topics in
the December 2021 NOPR including its proposed approach for soil-sensing
dishwashers, non-soil-sensing dishwashers, and compact dishwashers,
cleaning the filter prior to testing at the most energy intensive
cycle, and other potential methods to validate that the measured
dishwasher energy and water consumption is representative of consumer
use. Id. DOE also requested comments and data on cycle types that would
be selected under the proposed test procedure, and the extent to which
manufacturers would need to redefine the normal cycle to meet the
proposed cleaning index threshold or if the proposal would result in an
altered measured energy use for dishwashers that are currently
minimally compliant. Id.
AHAM commented that it analyzed the notice of data availability
(``NODA'') data published by DOE and found that over a third of
products would need to re-test the heavy soil level on the most energy-
intensive cycle, and for products at the ENERGY STAR V. 6.0 level,
which is a significant number of models, 73 percent of models would
need to re-test on the most energy-intensive cycle for the heavy soil
load and 60 percent would need to re-test for the medium soil load.
AHAM commented that it assumed 1 sigma for test variation (i.e., 7
points) based on the test variation determined by AHAM and discussed
elsewhere in this document. (AHAM, No. 17 at pp. 11-12) AHAM further
stated that it could be possible that some of the current ENERGY STAR
V. 6.0 certified units may not even meet the DOE maximum energy
consumption standard when re-tested at the most energy-intensive cycle.
(AHAM, No. 17 at p. 14)
GEA referenced data provided in AHAM's comments to state that at
least 75 percent of the units currently at EL 1 would not be able to
meet DOE's proposed cleaning index threshold, and at least 30 percent
of dishwashers meeting the current DOE minimum standard would fail to
complete the four-place setting test (i.e., the heavy soil load) at a
cleaning index threshold of 65. (GEA, No. 20 at p. 3)
DOE notes that when estimating the number of cycles that would need
to be retested on the most energy-intensive cycle, AHAM and GEA's
analysis for the number of dishwashers in DOE's test sample not meeting
the cleaning index threshold proposed in the December 2021 NOPR
includes cycles that scored within 1 sigma higher than the proposed
cleaning index threshold of 65 along with those that scored below 65.
That is, cycles that met or exceeded the proposed cleaning index
threshold, but scored less than 65 + 1 sigma, were included in the
count of cycles that would need to be retested. However, as discussed
in section III.H.2 of this document, DOE did not propose, nor is it
specifying in this final rule, a tolerance on the cleaning index value.
[[Page 3264]]
Including cycles that scored within 1 sigma higher than the proposed
cleaning index threshold of 65 in the count of cycles that would need
to be retested because they did not meet the threshold value
inaccurately represents the data presented by DOE in the December 2021
NOPR. DOE also notes that, while its data show some test cycles that
did not meet the specified cleaning index threshold, it determined that
the percentage of such cycles, when weighted by the prevalence of
consumers choosing each soil load as represented by the weighting
factors in appendix C1 and the new appendix C2, is equivalent to the
percentage of estimated cycles that are re-run or run by consumers at a
more energy-intensive cycle. For the cycles that cannot meet the
specified cleaning index threshold, DOE understands that these cycle
types likely cannot ``completely wash a full load of normally soiled
dishes,'' i.e., the cycle type(s) are not representative of average
consumer use and, therefore, it would not be appropriate to test these
cycle types to represent energy and water consumption. DOE also notes
that many manufacturers are already evaluating the cleaning performance
of their dishwasher basic models to meet the ENERGY STAR Most Efficient
requirements.
AHAM commented that EPCA does not contemplate or require test
procedures to measure every possible cycle, combination of options, or
use pattern, but requires test procedures measure only a
``representative average use cycle or period of use.'' (42 U.S.C.
6293(b)(3)) (AHAM, No. 17 at p. 2) DOE agrees and notes that the
inclusion of the cleaning performance test will not require testing of
every possible cycle. Instead, it will ensure that representations made
using the test procedure are representative of average consumer use, as
required by EPCA.
During the December 2021 NOPR public meeting, AHAM questioned if
DOE had any data to show that consumers would select a more energy-
intensive cycle because they are not satisfied with cleaning
performance. AHAM commented that consumers could select a more energy-
intensive cycle for other reasons (e.g., they want to wash pots and
pans). (AHAM, Public Meeting Transcript, No. 22 at p. 23) AHAM
commented that manufacturers provide other cycle types on the
dishwasher to address specific consumer needs, so consumers may select
cycle types other than the normal cycle for reasons other than
dissatisfaction with normal cycle cleaning performance. (AHAM, No. 17
at p. 7) AHAM questioned whether a dishwasher model could be sold or
certified if it does not meet the cleaning index threshold on the most
energy-intensive cycle. (AHAM, Public Meeting Transcript, No. 22 at p.
39) During the October 2022 ex parte meeting, AHAM commented that the
``most'' energy-intensive cycle will almost never meet the proposed
standards because it will likely be one that uses high heat to provide
specific consumer utility such as, for example, sanitization or
cleaning of pots and pans. (AHAM, No. 27 at p. 2) Instead, AHAM
recommended that the test procedure be set up such that if the tested
cycle type does not meet the cleaning index threshold requirement, it
is tested at the ``next more'' energy-intensive cycle type that meets
the cleaning performance threshold. AHAM acknowledged that this
approach would not decrease test burden, but noted that this approach
would not have the unintended consequence of eliminating cycle types
that rely on high heat to provide consumer utility. AHAM stated that
this approach would allow manufacturers to provide consumers with
incremental levels of energy and cleanliness. (Id.)
During the December 2021 NOPR public meeting, Whirlpool questioned
if there were any data to indicate that the most energy-intensive
cycles are for daily, regular, typical use to completely wash a full
load of normally soiled dishes. (Whirlpool, Public Meeting Transcript,
No. 22 at p. 18) Whirlpool commented that while its products all have a
normal cycle intended for daily, regular, or typical use to completely
wash a full load of normally soiled dishes, consumers may have
specialty cycle type needs or use cases for dishwashers beyond daily,
regular, or typical use for normally soiled dishes. (Whirlpool, No. 16
at p. 4) Whirlpool claimed that manufacturers may make non-normal cycle
types more efficient in case they are tested as the most energy-
intensive in the event that a dishwasher does not meet the cleaning
index threshold. (Whirlpool, No. 16 at p. 9) Whirlpool commented that
these cycle types provide specialty purposes for consumers and are not
recommended for daily, typical, or regular use to completely wash a
full load of normally soiled dishes. (Id.) Whirlpool commented that
consumers would accept higher energy and water consumption to clean
hard to remove soils on pots and pans. (Id.) Whirlpool commented that
if manufacturers redesign cycle types to be more efficient, consumers
may not get the performance that they desire and may resort to other
more energy-intensive options to compensate for worse performance, such
as handwashing items that may have been previously washing in the
dishwasher, using cycle options that increase energy and/or water
consumption, running the dishwasher multiple times, etc., which could
lead to lost energy savings. (Id.)
DOE notes that the inclusion of the cleaning performance test and
minimum cleaning index threshold is to ensure that the tested cycle
type is representative of average consumer use. To the extent that the
normal cycle can meet the specified cleaning index threshold, it would
be representative of average consumer use and testing would not be
required on any additional cycles. However, if the normal cycle cannot
meet the specified cleaning index threshold, this cycle is likely not
representative of average consumer use and consumers would likely use a
more energy-intensive cycle to achieve their desired cleaning
performance as cleaning performance is expected to improve with
increased energy and water use. As noted previously, this aligns with
survey data presented by LBNL in its report, wherein 17 percent of
consumers stated they sometimes re-run their dishwasher due to
inadequate cleaning. To the extent that manufacturers design the normal
cycle to be representative of average consumer use with respect to
cleaning performance, additional cycle types provided for specialty
reasons would continue to be non-regulated and would not be considered
in the measurement of energy and water consumption. Additionally, DOE's
requirement that the most energy-intensive cycle be selected for
testing, rather than a more energy-intensive cycle that meets the
cleaning index threshold, aligns with the definition of normal cycle,
which specifies, in part, that if no cycle or more than one cycle is
recommended for daily, regular, or typical use to completely wash a
full load of normally soiled dishes, the most energy-intensive cycle is
considered the normal cycle. Section 1.12 of appendix C1. This
requirement also harmonizes with the approach DOE has taken for other
test procedures in which a threshold level for validity is defined
(e.g., the dryness level setting for clothes dryers with automatic
cycle termination in the DOE clothes dryer test procedure at appendix
D2, wherein if the final moisture content after completion of the
drying cycle is greater than 2 percent, the test is considered invalid
and a new run is conducted using the highest dryness level setting.)
Section 3.3.2 of 10 CFR
[[Page 3265]]
appendix D2 to subpart B of part 430. Further, given that the
dishwasher cleaning performance requirement is included only in
appendix C2, which will not go into effect until the compliance date of
any future amended energy conservation standards, manufacturers will
have sufficient time to redesign the normal cycle, if needed, to ensure
it meets the specified cleaning index threshold and avoid the need for
additional testing with the most energy-intensive cycle.
AHAM commented that even if consumers were equally likely to select
a more energy-intensive cycle as they were to select a less energy-
intensive cycle, the decision to measure cleaning performance on the
most energy-intensive cycle was still unjustified because there is no
evidence that if a consumer selects a more energy-intensive cycle to
achieve better performance that they would most often or always use
that single cycle to get better performance. (AHAM, No. 17 at p. 7)
Whirlpool commented that there are many different potential
responses if a consumer was not satisfied with cleaning performance of
the dishwasher, including handwashing and prerinsing more, using more
or different detergent, high temperature wash and rinse options,
running the dishwasher twice, or selecting a different cycle type, and
DOE ultimately did not present any data to show that consumers would
most likely turn to the most energy-intensive cycle if they are
unsatisfied with the performance of their dishwasher. (Whirlpool, No.
16 at p. 6)
DOE does not disagree that consumers that are dissatisfied with the
cleaning performance of their dishwasher on the normal cycle may turn
to other behaviors that improve cleaning of the dishware, including the
example behaviors described by Whirlpool. Indeed, as noted in the LBNL
report, 55 percent of respondents indicated that they typically pre-
rinse dishes before loading them in the dishwasher.\48\ In the event a
dishwasher is unable to adequately clean a load of dishes on the normal
cycle, DOE expects consumers to take one or more energy-intensive
actions since using more water or energy would generally help improve
dishwasher cleaning performance, consistent with Whirlpool's comment:
pre-washing; hand-washing dishes following a normal cycle; re-washing
dishes on a normal cycle; re-washing dishes on a more-intensive cycle.
DOE lacks data adequate to predict exactly how many consumers will
elect one or more of those energy-intensive actions. In the absence of
such data, DOE believes that testing on the most energy-intensive cycle
provides the best available heuristic for the behavior of a consumer
dissatisfied by the cleaning performance on the normal cycle.
---------------------------------------------------------------------------
\48\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed
July 6, 2022.
---------------------------------------------------------------------------
When promulgating dishwasher test procedures, DOE must comport with
the EPCA requirement that the test procedures produce measures of
energy and water consumption representative of an average use cycle or
period of use and not be unduly burdensome to conduct. DOE concludes
that, given the array of possible alternative consumer behaviors when a
dishwasher does not achieve acceptable cleaning performance, testing
that soil load just once more on the most energy-intensive cycle is the
most representative, least burdensome proxy that accounts for the
additional energy and water consumption that would be incurred.
AHAM commented that DOE had failed to adequately consider what
happens if a product fails to meet a cleaning index score of 65 on a
test cycle, if scores are to be averaged to meet the 65 threshold, and
if so, how many test cycles can be averaged in that process. AHAM
recommended that DOE should not proceed with its proposal to include a
performance metric until it has addressed these concerns. (AHAM, No. 17
at pp. 12-13) During the October 2022 ex-parte meeting, AHAM
recommended that DOE should use the average cleaning index of each soil
level across all tested units. (AHAM, No. 27 at p. 2) AHAM commented
that this is the method used by the ENERGY STAR Program and it is a
better method because it would recognize that there is significant test
variation. (Id.)
Regarding AHAM's comment that DOE failed to adequately consider
what happens if a product fails to meet a cleaning index score of 65 on
a test cycle, DOE explicitly described in the December 2021 NOPR the
implications if a product fails to meet a cleaning index score of 65.
Specifically, DOE explained that if a test cycle at a particular soil
level does not achieve the defined cleaning index threshold, that soil
level would need to be re-tested using the most energy-intensive cycle
that achieves a cleaning index threshold of 65 or greater. 86 FR 72738,
72759. For the soil level under consideration, the test results from
the most energy-intensive valid cycle that achieves a cleaning index
threshold of 65 or greater would be used in the calculation of EAOC,
EAEU, and per-cycle water consumption. Id. As discussed, DOE is
finalizing a cleaning index threshold of 70 in this document,
calculated using only soil particles and excluding spots, streaks, and
rack contact marks. If a test cycle at a particular soil level does not
achieve the defined cleaning index threshold, that soil level would
need to be re-tested using the most energy-intensive cycle that
achieves a cleaning index threshold of 70 or greater. DOE notes that if
a test cycle at a particular soil level fails to achieve a cleaning
index threshold of 70 or greater on any cycle type available on the
dishwasher, the measured energy and water consumption of the dishwasher
at that soil level would not reflect a representative average use
cycle, since it would not have washed the dishware to a consumer-
accepted level of cleaning performance. Such test results may not be
used for certification of compliance with energy conservation
standards.
Regarding AHAM's comment that DOE failed to adequately consider if
scores are to be averaged to meet the 65 threshold, and if so, how many
test cycles can be averaged in that process, DOE explicitly stated in
the December 2021 NOPR how scores are to be calculated. Specifically,
DOE proposed that each [emphasis added] of the sensor heavy, medium,
and light response test cycles would be required to achieve a cleaning
index of 65 or greater to constitute a valid cycle. 86 FR 72738, 72759.
In other words, scores are not averaged to meet the defined cleaning
index threshold; rather, each individual soil response test cycle must
achieve the defined cleaning index. DOE notes that, unlike for the
ENERGY STAR Cleaning Performance Test Method, it is technically
infeasible in the test procedure DOE proposed in the December 2021 NOPR
to average the cleaning index at each soil level for the test sample
because the proposed DOE test procedure is specified for a single test
unit, and must produce a representative measure of energy use for each
dishwasher that is tested. For each tested unit, the proposed test
procedure requires that the test be conducted sequentially, starting at
the heavy soil load, followed by the medium and light soil loads, with
cleaning performance evaluated at each soil load. To proceed to the
next soil load test (e.g., from heavy soil load to medium soil load), a
given soil load (i.e., heavy soil load) would be required to be tested
at the normal cycle or the most energy-intensive cycle type if the
normal cycle does not meet the specified cleaning index threshold. That
is, a given unit's test cannot proceed until each soil load
[[Page 3266]]
meets the cleaning index threshold. It is not feasible to hinge the
determination of which cycle type must be tested for each soil load on
an average value of multiple test units. Accordingly, this final rule
maintains the requirements from the December 2021 NOPR that each tested
cycle is required to achieve the specified cleaning index threshold to
constitute a valid cycle.
AHAM commented that DOE had not considered potential secondary
effects, such as impacts to minimally compliant products,
recertification requirements for products that do not meet the cleaning
index threshold, and labeling impacts. (AHAM, No. 17 at p. 13)
DOE's test sample included two units that just meet current energy
conservation standards, and both of these units met or exceeded the
cleaning index threshold for all soil loads, including for the heavy
soil load test cycle. Because better cleaning performance is typically
easier to achieve with higher energy and water consumption, and
minimally compliant dishwashers are those that use relatively more
energy and water, DOE concludes that minimally compliant products are
capable of meeting the cleaning index threshold requirements.
Additionally, DOE is finalizing the cleaning performance requirements
in the new appendix C2, which will only take affect with any future
amended standards, so there will not be any direct impacts on minimally
compliant products, recertification requirements, or labeling.
Additionally, DOE is not amending the certification or reporting
requirements for dishwashers in this final rule to require reporting of
the cleaning index when the use of the new appendix C2 is required.
Instead, DOE may consider proposals to amend the certification and
reporting requirements for dishwashers under a separate rulemaking
regarding appliance and equipment certification.
AHAM commented that if the performance metric is included in the
final test procedure, DOE should determine what occurs when a machine
has an anomalous cycle as DOE has done this for other products. (AHAM,
No. 17 at p. 15) Whirlpool commented that it supported AHAM's position
on anomalous cycles. (Whirlpool, No. 16 at p. 2) From testing, DOE has
observed that dishwashers typically do not have ``anomalous cycles.''
For dishwashers that may have increased energy or water use for some
cycles but not others, DOE's testing experience has indicated that
``anomalous behavior'' typically occurs in response to the machine's
sensor response. That is, the dishwasher operation is not anomalous,
but accurate in terms of how the unit's sensor is likely designed to
respond. Accordingly, DOE is not providing any additional requirements
for what stakeholders are referring to as ``anomalous cycles.''
AHAM commented that the proposed cleaning performance requirement
adds test burden with respect to dishwashers that do not have soil
sensors. (AHAM, No. 17 at p. 12) AHAM commented that currently, testing
of non-soil-sensing dishwashers does not require soiled dishes for a
test run. (Id.) AHAM commented that DOE's proposal adds the extra
burden of adding soils to dishwashers that do not have soil sensors.
AHAM commented that with this proposal, testing with the three soil
levels--heavy, medium, and light--the number of tests for non-soil-
sensing dishwashers could increase up to threefold. (Id.)
DOE recognizes that there would be an increase in test burden for
testing non-soil-sensing dishwashers. However, as stated in the
December 2021 NOPR, non-soil-sensing dishwashers would not be tested a
priori at all three soil levels. Rather, to mitigate the burden
associated with testing non-soil-sensing dishwashers using a soiled
load, DOE proposed in the December 2021 NOPR, and is specifying the
same requirement in this final rule, that non-soil-sensing dishwashers
must first be tested using only the heavy soil load. If the test with
the heavy soil load is representative of average consumer use (i.e., it
meets a cleaning index threshold of 70), no additional tests are
required. 87 FR 72738, 72759. This approach is less burdensome than
requiring that all three soil levels be tested, as specified in the
ENERGY STAR Cleaning Performance Test Method, regardless of how the
dishwasher performs at each soil level. Section III.L.1 of this
document estimates the increase in testing costs for non-soil-sensing
dishwashers.
The following paragraphs discuss specific details regarding the
implementation of the cleaning performance test for soil-sensing and
non-soil-sensing dishwashers, respectively, including compact
dishwashers with a capacity of less than four place settings.
For soil-sensing dishwashers, section 2.6.3 of the currently
applicable appendix C1 specifies that the normal cycle shall be tested
first for the sensor heavy response, then for the sensor medium
response, and finally for the sensor light response, using a defined
combination of soiled and clean test load items for each test cycle.
DOE specifies maintaining this test sequence, which is also specified
in section 2.6.3 of AHAM DW-1-2020, in both the amended appendix C1 and
the new appendix C2. Additionally, in the new appendix C2, each of the
sensor heavy, medium, and light response test cycles would be required
to achieve a cleaning index of 70 or greater to constitute a valid
cycle. If a test cycle at a particular soil level does not achieve the
defined cleaning index threshold, that soil level would need to be re-
tested using the most energy-intensive cycle that achieves a cleaning
index threshold of 70 or greater. For the soil level under
consideration, the test results from the most energy-intensive valid
cycle that achieves a cleaning index threshold of 70 or greater would
be used in the calculation of EAOC, EAEU, and per-cycle water
consumption. In the event that a test cycle at a particular soil level
does not achieve the defined cleaning index threshold, the filter
should be cleaned prior to testing the soil level at the most energy-
intensive cycle that achieves a cleaning index of 70 or greater.
Cleaning the filter before transitioning from the normal cycle to the
specified most energy-intensive cycle at a given soil load would ensure
that residual particles from the normal cycle test run do not impact
the cleaning performance evaluation for that most energy-intensive
cycle. It would also promote repeatability and reproducibility of the
test results when testing according to these amendments (in which the
sequence of test cycles may requiring switching from the normal cycle
to a different cycle type).
Non-soil-sensing dishwashers are tested with a clean (i.e.,
unsoiled) test load according to the requirements in the currently
applicable appendix C1, and this approach is maintained under the
amended appendix C1. For the new appendix C2, which specifies the
threshold cleaning index requirement, DOE specifies that non-soil-
sensing dishwashers must be tested instead with a soiled load.
Specifically, for non-soil-sensing dishwashers, DOE specifies
incorporating the same procedure for evaluating the validity of the
normal cycle and, if necessary, testing the most energy-intensive cycle
that achieves a cleaning index threshold of 70 or greater, as specified
for soil-sensing dishwashers. The same equations specified for soil-
sensing dishwashers in section 5 of the currently applicable appendix
C1, Calculations of Derived Results from Test Measurements, would apply
to non-soil-sensing dishwashers in the new appendix C2. The test
procedure specifies testing the heavy, medium, and light soil levels,
in that sequence. Since non-soil-sensing dishwashers consume a fixed
amount of
[[Page 3267]]
water and energy independent of the amount of soil present in the test
load, it is assumed that if the normal cycle obtains a cleaning index
of 70 or greater at a given soil load (e.g., for the sensor heavy
response test), that the normal cycle would also achieve the cleaning
index threshold for any lesser soil loads (e.g., the sensor medium and
sensor light response tests). Therefore, if a tested soil load for a
non-soil-sensing dishwasher meets the defined threshold criteria when
tested on the normal cycle, no additional testing would be required of
cycles with lesser soil loads. If a non-soil-sensing dishwasher is not
tested at a certain soil load because the preceding heavier soil
load(s) meets the cleaning index threshold on the normal cycle, the
energy and water consumption values of the preceding soil load would be
used to calculate the weighted-average energy and water consumption
values. For example, if the sensor medium response and sensor light
response tests on the normal cycle are not conducted, the values of the
sensor heavy response test on the normal cycle would be used for all
three soil loads; whereas, if only the sensor light response test is
not conducted, the values of the sensor medium response test on the
normal cycle would be used for the sensor medium and the sensor light
response tests.
Further, in the December 2021 NOPR, DOE noted that compact
dishwashers that are non-soil-sensing are currently tested at the
manufacturer-stated capacity, if the capacity of the dishwasher is less
than eight place settings. 86 FR 72738, 72760. Under the proposal to
test non-soil-sensing dishwashers with a soiled load, the instructions
specify that compact dishwashers must be tested using four place
settings plus six serving pieces, and that some of the place settings
are soiled for the different soiled loads. However, DOE stated that it
is aware that the rated capacity of some compact, non-soil-sensing
dishwashers is less than four place settings (e.g., the basic models
for which CNA and FOTILE submitted waiver petitions and discussed in
sections III.E.5 and III.E.6, respectively, of this document). Id. For
such dishwashers, as well as any soil-sensing compact dishwashers that
have a rated capacity of less than four place settings, DOE specified
the following requirements for soiling the test load:
Heavy soil load: Soil two-thirds of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is greater;
Medium soil load: Soil one-quarter of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is smaller;
Light soil load: Soil one-quarter of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is smaller, using half the
quantity of soils specified for one place setting. Id.
DOE did not receive any comments in response to its proposed
requirements for soiling compact dishwashers with a capacity of less
than four place settings. Accordingly, DOE is adopting the
aforementioned soiling requirements for compact dishwashers with a
capacity of less than four place settings in the new appendix C2. For
the amended appendix C1, the number of place settings and soiling
requirements for compact dishwashers is the same as specified in the
currently applicable appendix C1.
5. Determining the Most Energy-Intensive Cycle
In the December 2021 NOPR, DOE proposed instructions for
determining the most energy-intensive cycle that could achieve the
proposed cleaning index threshold, to be conducted only if the normal
cycle of a given unit could not achieve the threshold. 86 FR 72738,
72760. DOE proposed that the most energy-intensive cycle would be
determined by conducting a single test cycle with a clean test load for
each available cycle type (e.g., Normal, Heavy Duty, Pots and Pans,
etc.). Id.
DOE also proposed that prior to running the clean load test to
determine the most energy-intensive cycle, the dishwasher filter should
be cleaned so that soil particles from any previous tests does not
affect the determination of the most energy-intensive cycle. Id.
DOE requested feedback on its proposed methodology for determining
the most energy-intensive cycle. Id. DOE also requested feedback on
whether it should consider determination of the most energy-intensive
cycle for sensor response test cycles using the respective soil load.
Id.
GEA commented that DOE's proposal which requires that, if a machine
fails to achieve a minimum cleaning index threshold, the filter must be
washed prior to running subsequent cycles is not adequate to return the
dishwasher to its pre-tested condition. GEA suggested that in addition
to cleaning the filter, the unit under test should be run through a
complete normal cycle without dishes, soil, or detergent. Finally, the
filter should then be cleaned a second time before the test process
proceeds with additional test runs. GEA explained that these steps
provide increased assurance that results from one test do not influence
the results of a subsequent test. (GEA, No. 20 at p. 4)
DOE notes that cleaning the filter in between different test series
is consistent with other industry standards. The IEC standard, for
example, specifies cleaning only the filter when conducting cleaning
performance tests. Additionally, requiring running an additional test
cycle type and cleaning the filter a second time would add additional
test burden that may not be necessary in terms of cleaning out the
dishwasher unit.
AHAM commented that the process to determine the most energy-
intensive cycle is unduly burdensome, since the proposal requires
running several cycle types with a clean load to identify the most
energy-intensive cycle, and then run another cycle with a soiled load
because scoring of cleaning takes place after the energy test. (AHAM,
No. 17 at p. 11) AHAM further stated that the additional burden
associated with determining the most energy-intensive cycle is likely
to apply to most models and makes the test procedure unduly burdensome
to conduct. (AHAM, No. 17 at p. 12)
DOE notes that while the procedure to determine the most energy-
intensive cycle type would add burden, DOE's considered approach is
less burdensome than other alternative approaches that would require
running each available test cycle type with a soiled load. DOE
additionally clarifies that it expects manufacturers to know the most
energy-intensive cycle type for their basic models and as such does not
expect manufacturers to need to test each cycle type with a clean load
to determine the most energy-intensive cycle as part of testing to
determine compliance with any future standards. The procedure that DOE
proposed to determine the most energy-intensive cycle type would be
conducted only if the most energy-intensive cycle is unknown and is the
approach that DOE would use during enforcement testing, should any such
testing be conducted. DOE has clarified its intent in the regulatory
text in the new appendix C2 and in a new section in 10 CFR part
429.134.
DOE is finalizing its proposal, in the new appendix C2, with minor
updates discussed in the preceding paragraph, to determine the most
energy-intensive cycle that can achieve a cleaning index threshold of
70 through testing with a clean load, should the normal cycle at a
specific soil load be unable to achieve this threshold.
[[Page 3268]]
I. Standby Mode Test Method
1. Standby Power Measurement
Section 4.2 of appendix C1 provides instructions for measuring
standby mode and off mode power. These instructions do not currently
specify if the dishwasher door is to be open or closed when testing in
standby mode and off mode.
For the December 2021 NOPR, DOE reviewed recent models from
different manufacturers and observed that some newer models have LED
lights inside the dishwasher tub as well as other indicators either on
the door or on the electronic control panel that illuminate when the
dishwasher door is open. 86 FR 72738, 72761. Additional energy use by
any such lights and/or indicators could affect the standby power
consumption and the resulting EAEU measurement; for example, a 1-watt
increase in the standby power consumption could impact the EAEU by up
to 5 percent, i.e., conducting standby mode testing with the dishwasher
door open as compared to testing with the door closed could result
impact test results for EAEU by up to 5 percent if the lights consumed
an additional 1 watt of power. Id.
Section 4.2 of the AHAM DW-1-2020 standard also includes specific
instructions for the door orientation during standby mode testing. It
specifies that the standby mode test must be conducted after completing
the last active mode test as part of the energy test sequence.
Thereafter, the dishwasher door must be opened and immediately closed
without changing the control panel settings used for the active mode
wash cycle and without disconnecting the electrical supply to the
dishwasher. Once the door is closed, the standby mode and off mode
measurements should begin.
In the December 2021 NOPR, DOE proposed to reference this
requirement from AHAM DW-1-2020 regarding opening and closing the door
prior to starting the standby mode and off mode tests. Id. DOE
initially concluded that performing standby mode and off mode testing
with the door closed is likely to be most representative of average
consumer use, while also providing a representative measurement, in
particular noting CEC's comment in response to the August 2019 RFI that
most consumers will keep the dishwasher door closed to prevent
disruption of foot traffic patterns in their kitchen.\49\ Id.
---------------------------------------------------------------------------
\49\ In response to the August 2019 RFI, CEC commented that,
``intuitively, most consumers will keep the dishwasher door closed
to prevent disruption of foot traffic patterns in their kitchen.''
(CEC, No. 6 at p. 2)
---------------------------------------------------------------------------
Based on DOE's interactions with test laboratories, dishwashers are
already tested with the door closed in standby mode. Id. Therefore, DOE
stated in the December 2021 NOPR that it does not expect any increase
in costs to manufacturers from this proposed update were it made final.
Id. DOE requested input on its proposal to apply the standby mode and
off mode test requirements from section 4.2 of AHAM DW-1-2020 to
appendix C1 and the new appendix C2. Id.
AHAM commented that it agrees with DOE's proposal to specify that
the door be opened and closed ``immediately'' for standby testing, but
that DOE provide additional language to require a minimum time for door
opening at the end of the test cycle. (AHAM, No. 17 at pp. 15-16) AHAM
suggested a minimum door opening time of 10 seconds after completion of
the cycle. (Id.) During the December 2021 NOPR public meeting,
Whirlpool commented that some dishwashers may have ``cycle-finish''
behavior if the door is opened and closed immediately compared to if it
is opened for a slightly longer period of time, which would represent a
consumer unloading the dishwasher and closing the door after unloading.
(Whirlpool, Public Meeting Transcript, No. 22 at pp. 54-55) In written
comments, Whirlpool commented that it supported AHAM's position on door
opening at the end of the cycle for standby mode power measurement.
(Whirlpool, No. 16 at p. 2)
The Joint Commenters commented that they agree with the approach
that DOE is proposing to use for standby mode and off mode testing as
it will help improve reproducibility of the test procedure by ensuring
that all manufacturers are testing standby mode and off mode power in a
consistent manner. (Joint Commenters, No. 18 at p. 2)
DOE notes that the intent of its proposal in the December 2021 NOPR
was that the dishwasher is in-fact in standby mode when the standby
mode test is conducted. However, DOE does not have any data, and AHAM
did not provide any additional data, to determine if 10 seconds is
sufficient to ensure that the dishwasher transitions from active mode
to standby mode. Accordingly, while DOE is not including any
clarification in appendix C1 and the new appendix C2 regarding the
length of time the door should remain open, DOE notes that the intent
of this requirement is to ensure that the dishwasher door is opened for
a sufficient period of time such that the dishwasher enters a lower-
power state before it is shut, and standby power is measured.
2. Annual Combined Low-Power Mode Energy Consumption Calculation
Section 5.7 of appendix C1 specifies the method to calculate the
annual combined low-power mode energy consumption. The combined low-
power mode energy consumption includes the power consumption in
inactive mode \50\ and off mode,\51\ depending on whether a unit can
enter both of these modes or only one of these modes. To calculate the
annual low-power mode energy consumption, section 5.7 of appendix C1
currently assigns 8,465 hours annually to low-power modes for units
that do not have a fan-only mode. For units that have a fan-only mode,
the annual hours assigned to low-power modes are calculated for each
individual unit based on the tested duration in active mode and fan-
only mode. Section 5.7 of appendix C1. That is, the combined low-power
annual hours for all available modes other than active mode,
SLP, is calculated as:
---------------------------------------------------------------------------
\50\ Inactive mode means a standby mode that facilitates the
activation of active mode by remote switch (including remote
control), internal sensor, or timer, or that provides continuous
status display. Section 1.10 of appendix C1.
\51\ Off mode means a mode in which the dishwasher is connected
to a main power source and is not providing any active mode or
standby mode function, and where the mode may persist for an
indefinite time. An indicator that only shows the user that the
product is in the off position is included within the classification
of an off mode. Section 1.15 of appendix C1.
SLP = [H-{N x (L + LF){time} ] for dishwashers capable of operating in
---------------------------------------------------------------------------
fan-only mode; otherwise, SLP = 8,465
Where,
H = the total number of hours per year = 8,766 hours per year,
N = the representative average dishwasher use of 215 cycles per
year,
L = the average of the duration of the normal cycle and truncated
normal cycle, for non-soil-sensing dishwashers with a truncated
normal cycle; the duration of the normal cycle, for non-soil-sensing
dishwashers without a truncated normal cycle; the average duration
of the sensor light response, truncated sensor light response,
sensor medium response, truncated sensor medium response, sensor
heavy response, and truncated sensor heavy response, for soil-
sensing dishwashers with a truncated cycle option; the average
duration of the sensor light response, sensor medium response, and
sensor heavy response, for soil-sensing dishwashers without a
truncated cycle option, and
LF = the duration of the fan-only mode for the normal cycle for non-
soil-sensing
[[Page 3269]]
dishwashers; the average duration of the fan-only mode for sensor
light response, sensor medium response, and sensor heavy response
for soil-sensing dishwashers. Section 5.7, appendix C1.
Section 5.7 of AHAM DW-1-2020 updated this calculation such that
the combined low-power annual hours, SLP, is a calculated
value for all units. That is, dishwashers that do not have a fan-only
mode would use the same equation to calculate SLP as
dishwashers that do have a fan-only mode. The only difference in
calculation of SLP for units without a fan-only mode is that
LF would be equal to 0 for such units.
In the December 2021 NOPR, DOE proposed to reference the annual
low-power mode energy consumption calculation specified in section 5.7
of AHAM DW-1-2020, which would also include the updated calculation
method for combined low-power annual hours, SLP. 86 FR
72738, 72762. This approach would change the hours assigned to low-
power mode from 8,465 hours for dishwashers that do not have a fan-only
mode to a value that is dependent on the duration of the normal cycle.
Calculating the annual low-power mode energy consumption utilizing the
measured active mode duration for each individual unit rather than
assigning a constant value across all units would provide a more
representative result.
In the December 2021 NOPR, DOE stated that the proposed change to
the combined low-power annual hours would potentially impact the
measured EAEU. Id. DOE also noted that the current energy conservation
standard was developed using the method for determining the combined
low-power annual hours specified in appendix C1. Id. As such, in the
December 2021 NOPR, DOE proposed that, if this proposal were adopted,
this change would go into effect in conjunction with any amended energy
conservation standards for dishwashers. Id. Accordingly, DOE proposed
that the updated calculation of annual low-power mode energy
consumption be included only in the new appendix C2. Id. Appendix C1
would continue using the current method for calculating the annual low-
power mode energy consumption. DOE requested comment on its proposal to
use the updated combined low-power annual hours, specified in Section
5.7 of AHAM DW-1-2020, for the calculation of annual combined low-power
mode energy consumption in the new appendix C2. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to use the
updated combined low-power annual hours, specified in section 5.7 of
AHAM DW-1-2020, for the calculation of annual combined low-power mode
energy consumption in the new appendix C2.
J. Network Mode
Appendix C1 currently does not address ``network mode'' power
consumption. In the December 2021 NOPR, DOE stated that it is aware of
dishwashers with network capabilities that are currently on the market.
86 FR 72738, 72762. However, DOE stated that it did not have sufficient
data at the time of publication of the December 2021 NOPR regarding the
energy use and consumer use patterns associated with such capabilities
to evaluate potential test procedure provisions related to network
capabilities. Id. Therefore, in the December 2021 NOPR, DOE proposed
that all network functions must be disabled during testing. Id.
Specifically, DOE proposed to include a requirement in appendix C1 and
the new appendix C2 that for dishwashers, which can communicate through
a network (e.g., Bluetooth[supreg] or internet connection), all network
functions must be disabled, if it is possible to disable it by means
provided in the manufacturer's user manual, for the duration of
testing. Id. If the manufacturer instructions provided in the user
manual do not provide for disabling a connected function, the standby
power test procedure is conducted with the connected function in the
``as-shipped'' condition. DOE sought comment on its proposal to require
the disablement of all network functions throughout the duration of
testing. Id. DOE sought the following information regarding connected
dishwashers that could inform future test procedure considerations.
DOE requested feedback on connected dishwashers currently on the
market. Id. Specifically, DOE requested input on the types of features
or functionality enabled by connected dishwashers that exist on the
market or that are under development. Id.
DOE requested data on the percentage of users purchasing connected
dishwashers, and, for those users, the percentage of the time when the
connected functionality of the dishwashers is used. Id. DOE requested
data on the amount of additional or reduced energy use of connected
dishwashers. Id.
DOE requested data on the pattern of additional or reduced energy
use of connected dishwashers; for example, whether it is constant,
periodic, or triggered by the user. Id. DOE requested information on
any existing testing protocols that account for connected features of
dishwashers, as well as any testing protocols that may be under
development within the industry. Id.
The CA IOUs recommended that DOE test dishwashers in the as-shipped
configuration, rather than disabling network functions as there is no
evidence to suggest that consumers actively disable these functions.
(CA IOUs, No. 19 at p. 2; CA IOUs, Public Meeting Transcript, No. 22 at
p. 69) During the December 2021 NOPR public meeting, ASAP echoed the
comments provided by the CA IOUs. (ASAP, Public Meeting Transcript, No.
22 at pp. 69-70)
The CA IOUs referenced a PG&E survey in which 96 percent of
consumers with a smart clothes washer as well as 96 percent of
consumers with a smart microwave oven reported that they do not make an
attempt to disable Wi-Fi or smart application functions. (CA IOUs, No.
19 at pp. 2-3) The CA IOUs commented that even though these are
different products, there was no reason to believe the trends would be
different for other household appliances and reiterated that DOE should
require testing with network functions set in their as-shipped
conditions. Id.
The Joint Commenters urged DOE to require that all dishwashers be
tested with network functions in the ``as-shipped'' condition, instead
of DOE's position that all network functions be disabled prior to
testing. (Joint Commenters, No. 18 at pp. 2-3) The Joint Commenters
expressed concern that DOE's proposal would allow many dishwashers to
be tested with network functions disabled even though those functions
may be unlikely to be disabled in the field. Specifically, the Joint
Commenters stated that if a dishwasher with connected features is
shipped with those features enabled, they believe it is unlikely that
most consumers will disable those features. The Joint Commenters
suggested that DOE require all dishwashers be tested ``as shipped''
regardless of whether the user manual provides instructions for
disabling the network functions. (Joint Commenters, No. 18 at p. 3)
As discussed, DOE is aware of a number of dishwashers on the market
with varying implementations of connected functionality. DOE has
observed different implementations of connected features across
different brands, and the design and operation of these features is
continuously evolving. Accordingly, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, to disable all network
functions during testing. Specifically, DOE is finalizing its proposal
to include
[[Page 3270]]
a requirement in appendix C1 and the new appendix C2 that for
dishwashers which can communicate through a network (e.g.,
Bluetooth[supreg] or internet connection), all network functions must
be disabled, if it is possible to disable it by means provided in the
manufacturer's user manual, for the duration of testing.
K. Test Cycle Duration and Updates to 10 CFR 430.32
In the December 2021 NOPR, DOE proposed to specify a method for
determining cycle duration in section 5.3 of appendix C1 and the new
appendix C2. 86 FR 72738, 72763. DOE proposed that the test duration be
calculated as the weighted average of the sensor heavy response, sensor
medium response, and sensor light response tests for all dishwashers
(i.e., both soil-sensing and non-soil-sensing dishwashers). Id. At the
time of issuance of the December 2021 NOPR, there were three product
classes for dishwashers: standard dishwashers, compact dishwashers, and
standard dishwashers with a cycle duration of 60 minutes or less. Since
publication of the December 2021 NOPR, DOE has rescinded the standard
dishwashers with a cycle duration of 60 minutes or less product class.
See 87 FR 2673. At the time DOE proposed the calculation of test
duration, it was to aid in the determination of cycle duration, which
would have been used to determine the appropriate product class for a
given unit.
In the December 2021 NOPR, DOE also proposed to incorporate by
reference AHAM DW-1-2020 in its entirety into 10 CFR part 430, and
amend 10 CFR 430.32(f)(1)(iii) to remove the existing reference to
appendix C1, and instead reference AHAM DW-1-2020 for the definition of
``normal cycle.'' Id. Additionally, DOE proposed to update the
references to AHAM DW-1 in the standard size dishwasher and compact
size dishwasher descriptions in 10 CFR 430.32. Id.
DOE requested comment on the proposal to update the standard size
dishwasher, compact size dishwasher, and standard size dishwasher with
a ``normal'' cycle time of 60 minutes or less descriptions at 10 CFR
430.32(f)(1)(i)-(iii). Id. DOE also requested comment on the proposal
to explicitly provide the method for determining cycle duration in
appendices C1 and C2.
The CA IOUs commented that while they support DOE's proposal to
include a cleaning performance test method and cleaning index
threshold, they were concerned that this may inadvertently impact
customer dissatisfaction elsewhere, such as cycle time performance. (CA
IOUs, No. 19 at p. 3) The CA IOUs therefore reiterated their support
for both measurement of cycle time and disclosure of cycle time to
allow consumers to better understand these tradeoffs and prioritize
their needs regarding cycle time and energy performance. Id. The CA
IOUs commented in support of DOE's decision to add measurement of cycle
time to the test procedure and asked DOE to consider public disclosure
and reporting of cycle time, since consumers may be interested in this
data. Id.
DOE notes that because the standard size dishwasher with a normal
cycle time of 60 minutes or less product class was revoked in a final
rule published in January 2022 (87 FR 2673), the cycle duration
calculation as provided in section 5.3 of appendix C1 and appendix C2
of the December 2021 NOPR is not relevant. Instead, the cycle duration
calculation as part of the low-power mode energy consumption
calculation would be more relevant for determining dishwasher cycle
duration because this calculation is used to determine the annual low-
power mode hours and active mode hours. As discussed in section III.I.2
of this document, cycle duration is calculated as the simple average of
the sensor heavy, medium, and light response cycles and, for
dishwashers with a heated dry option, the duration of the truncated
sensor heavy, medium, and light response cycles is also included in the
cycle duration calculation. While DOE is not including any reporting
requirements in this document, it could consider including a reporting
requirement for SLP, which is the combined low-power annual
hours and is a calculated value when determining low-power mode energy
consumption, in a future certification rulemaking. The cycle duration
could then be determined from SLP by subtracting
SLP from 8,766 annual hours and dividing by the annual
dishwasher cycles (184 cycles per year when testing according to the
new appendix C2).
Accordingly, DOE is removing the cycle duration calculation that it
proposed in the December 2021 NOPR. Additionally, DOE did not receive
any comments on its proposal to update the reference in 10 CFR 430.32
to AHAM DW-1-2020. Therefore, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, to update the standard size
dishwasher and compact size dishwasher descriptions at 10 CFR
430.32(f)(1)(i)-(iii).
L. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In this document, DOE amends the existing test procedure for
dishwashers at appendix C1 and adopts a new test procedure at appendix
C2. The amendments to appendix C1 establish requirements for water
hardness, relative humidity, and loading pattern; update requirements
for ambient temperature, detergent dosage, and standby power
measurement; and include testing approaches from published waivers for
dishwashers. The new appendix C2 additionally includes provisions for
evaluating cleaning performance and establishing a minimum per-cycle
cleaning index threshold as a condition for a valid test, and updated
annual number of cycles and low-power mode hours for the calculation of
energy consumption.
The amendments to appendix C1 establish new requirements for water
hardness and relative humidity and update the requirements for ambient
temperature. DOE does not expect these requirements to increase test
burden as compared to current industry practice because it expects that
laboratories already control water hardness, relative humidity, and
ambient temperature to within the proposed specifications, as indicated
by manufacturer comments supporting these amendments, as well as
general industry acceptance for these requirements as they pertain to
dishwashers and other appliances.
DOE is also establishing in appendix C1 a new requirement for
loading soiled dishes. DOE does not expect this requirement to change
the rated energy and water use because the thermal mass inside the
dishwasher chamber will be the same, regardless of how the dishes are
loaded in the unit. DOE also does not expect this requirement to
increase the cost of conducting the test procedure as compared to the
current test procedure based on the large number of brands currently
participating in the ENERGY STAR qualification and Most Efficient
programs (which require the loading pattern specified in this
document).
Further, DOE is also establishing a new detergent type and approach
for calculating the detergent dosage in appendix C1. However, DOE is
also retaining the current detergent type and dosing requirement. As
such, DOE does not expect this requirement to increase test burden as
compared to current industry practice. Id.
DOE further specifies in appendix C1 that standby mode power
consumption be measured with the door closed.
[[Page 3271]]
Based on DOE's interactions with test laboratories, dishwashers are
already tested with the door closed in standby mode. Therefore, DOE
does not expect any increase in costs to manufacturers from this
update.
The amendments to appendix C1 will not impact the representations
of dishwasher energy and water use. Manufacturers will be able to rely
on data generated under the test procedure in effect prior to the
adoption of the amended appendix C1. As such, retesting of dishwashers
will not be required solely as a result of DOE's adoption of the
amendments to appendix C1.
In addition to the amendments to appendix C1, DOE is also
establishing a new appendix C2. As stated, use of the new appendix C2
will be required in conjunction with the compliance date of any future
amendments to the energy conservation standards for dishwashers. DOE is
specifying the evaluation of cleaning performance in the new appendix
C2. Specifically, DOE is requiring that each tested soil load must meet
a minimum per-cycle cleaning index threshold of 70 for a test cycle to
be considered valid. Further, the new appendix C2 includes changes to
the annual number of cycles and low-power mode hours, both of which are
used for the calculation of energy consumption. While the requirement
to evaluate cleaning performance would increase test burden, the
updates to the annual number of cycles and low-power mode hours will
change certain inputs to the calculation, but will not impact the
burden as compared to conducting the calculation under the test
procedure as amended in appendix C1.
DOE estimates the cost to test a soil-sensing dishwasher, according
to the new appendix C2, to be approximately $2,334 per basic model and
that for a non-soil-sensing dishwasher to be approximately $735 per
basic model. These costs were estimated as follows.
Based on its experience conducting dishwasher testing, DOE
estimates the total duration to test dishwashers according to the
currently applicable version of appendix C1, and the amended appendix
C1, to be 25 hours for a soil-sensing dishwasher and 6 hours for a non-
soil-sensing dishwasher. The additional time required to score a load
at the end of cycle and calculate the cleaning index is estimated to be
1 hour per soil load. The new appendix C2 also prescribes the use of a
new detergent type and method to calculate the detergent dosage
compared to the detergent dose estimation in the current appendix C1.
Based on testing that DOE conducted in support of the October 2020
Final Rule, DOE estimates that the updated detergent dosage methodology
will reduce testing time by about 1 hour because the new methodology
estimates detergent dosage based on the number of place settings as
opposed to the prewash and main wash fill water volumes as required
under the currently applicable (and amended) appendix C1 test
procedure. Determination of the prewash and main wash fill water
volumes requires about 1 hour to identify the prewash and main wash
phases of a test cycle, isolate the water consumed during these
specific portions of the cycle, and then calculate the quantity of
detergent required. Therefore, DOE estimates the test duration under
the new appendix C2 to be 27 hours for soil-sensing dishwashers (25
hours currently + 1 hour per soil load to score the load and calculate
the cleaning index--1 hour using the updated detergent dosage
methodology). As discussed previously, DOE does not expect
manufacturers to run additional tests as part of compliance testing to
determine the most energy-intensive cycle type, in the event that a
given basic model cannot meet the specified cleaning index threshold on
the normal cycle at any soil load. Accordingly, DOE has not estimated
costs for this test.
Non-soil-sensing dishwashers are to be tested on the heavy soil
load under the new appendix C2. This will increase testing time by
approximately 2.5 hours (in addition to the 1 hour associated with
scoring and calculating cleaning index) due to the additional time
associated with preparing the soils, soiling the load, allowing the
soils to dry, and loading the soiled dishes. To mitigate burden, DOE is
additionally specifying that non-soil-sensing dishwashers are required
to test the medium and light soil loads only if the next-greater soil
load requires the use of the most energy-intensive cycle. To estimate
the testing burden associated with the new appendix C2, DOE estimated
that most non-soil-sensing dishwashers will only be tested at the heavy
soil load. DOE also estimates that the updated detergent dosage
methodology will reduce testing time by about 1 hour. Therefore, DOE
estimated the total testing duration for non-soil sensing dishwashers
under the new appendix C2 to be 8.5 hours (6 hours currently + 2.5
hours to soil the load + 1 hour to score the load and calculate the
cleaning index--1 hour using updated detergent dosage methodology).
Similar to soil-sensing dishwashers, DOE does not expect manufacturers
to run additional tests as part of compliance testing to determine the
most energy-intensive cycle type, in the event that a given basic model
cannot meet the specified cleaning index threshold on the normal cycle
at any soil load. Accordingly, DOE has not estimated costs for this
test.
Based on data from the Bureau of Labor Statistics' (``BLS's'')
Occupational Employment and Wage Statistics, the mean hourly wage for
electrical and electronic engineering technologist and technician is
$30.47.\52\ Additionally, DOE used data from BLS's Employer Costs for
Employee Compensation to estimate the percent that wages comprise the
total compensation for an employee. DOE estimated that wages make up
70.5 percent of the total compensation for private industry
employees.\53\ Therefore, DOE estimated that the total hourly
compensation (including all fringe benefits) of a technician performing
these tests to be approximately $43.22.\54\ Using these labor rates and
time estimates, DOE estimated that it will cost dishwasher
manufacturers approximately $2,334 to test at least two units for each
basic model for soil-sensing dishwashers and approximately $735 to test
at least two units for each basic model for non-soil-sensing
dishwashers.\55\
---------------------------------------------------------------------------
\52\ DOE used the mean hourly wage of the ``17-3027 Mechanical
Engineering Technologists and Technicians'' from the most recent BLS
Occupational Employment and Wage Statistics (May 2021) to estimate
the hourly wage rate of a technician assumed to perform this
testing. See www.bls.gov/oes/current/oes173027.htm. Last accessed
July 4, 2022.
\53\ DOE used the June 2022 ``Employer Costs for Employee
Compensation'' to estimate that for ``Private Industry Workers,''
``Wages and Salaries'' are 70.5 percent of the total employee
compensation. See www.bls.gov/news.release/pdf/ecec.pdf. Last
accessed October 19, 2022.
\54\ $30.47 / 0.705 = $43.22.
\55\ Soil-sensing dishwasher: $43.22 x 27 hours x 2 units per
basic model = $2,333.88 (rounded to $2,334); non-soil-sensing
dishwasher: $43.22 x 8.5 hours x 2 units per basic model = $734.74
(rounded to $735).
---------------------------------------------------------------------------
The incremental increases in testing costs under the new appendix
C2 compared to the current and amended appendix C1 are approximately
$173 per soil-sensing dishwasher basic model and approximately $216 per
non-soil-sensing dishwasher basic model.\56\
---------------------------------------------------------------------------
\56\ Soil-sensing dishwasher under current appendix C1: $43.22 x
25 hours x 2 units per basic model = $2,161. Non-soil-sensing
dishwasher under current appendix C1: $43.22 x 6 hours x 2 units per
basic model = $518.64 (rounded to $519). $2,334-$2,161 = $173. $735-
$519 = $216.
---------------------------------------------------------------------------
As previously discussed, the use of the new appendix C2 would not
be required until the time of the compliance date of future amended
energy conservation standards for dishwashers, should such amendments
be adopted. At that time, manufacturers
[[Page 3272]]
would need to retest models in accordance with appendix C2. In addition
to the potential retesting costs, DOE expects that some manufacturers
may incur one-time capital costs if their current testing laboratories
are at capacity and additional laboratory space or test stations are
required. DOE would incorporate the estimated costs associated with
testing to the newly established appendix C2 into the analysis of any
future energy conservation standards based on appendix C2.
2. Harmonization With Industry Standards
DOE's established practice is to adopt industry test standards as
DOE test procedures for covered products and equipment, unless such
methodology would be unduly burdensome to conduct or would not produce
test results that reflect the energy efficiency, energy use, water use
(as specified in EPCA) or estimated operating costs of that equipment
during a representative average use cycle. Section 8(c) of 10 CFR part
430 subpart C appendix A. In cases where the industry standard does not
meet EPCA statutory criteria for test procedures, DOE will make
modifications through the rulemaking process to these standards as the
DOE test procedure.
The current test procedure for dishwashers at appendix C1
references ANSI/AHAM DW-1-2010 in definitions and for testing
conditions, and IEC 62301 Ed. 2.0 for test conditions, equipment, and
standby mode power consumption measurement. The industry standards DOE
is referencing in this document are discussed in further detail in
section III.C and section IV.N of this document.
DOE notes that some of its modifications would not require re-
testing and recertification of dishwasher basic models as compared to
adopting AHAM DW-1-2020 and AHAM DW-2-2020 without modification, while
maintaining the representativeness of the DOE test procedure. DOE is
maintaining the list of test load items currently in appendix C1 as an
alternative to the test load items specified in AHAM DW-1-2020, so test
laboratories that currently have the test load items are not required
to purchase new items. DOE is also maintaining the current detergent
and dosage requirements as alternatives to the detergent and dosage
requirements specified in AHAM DW-1-2020 because this would allow
manufacturers to continue to rely on existing test data and would not
require re-testing or re-certification of dishwashers on the market.
Additionally, DOE is maintaining the annual number of cycles and
low-power mode hours currently specified in appendix C1 because these
values can impact the EAEU, which provides the basis for the existing
energy conservation standards. DOE is adopting the annual number of
cycles and low-power mode hours from AHAM DW-1-2020 in the new appendix
C2, which would be applicable upon the compliance date of any future
amended energy conservation standards for dishwashers. DOE is also
adopting the test procedure waiver provisions applicable to dishwashers
for which water is supplied through a manually filled attached tank and
for in-sink dishwashers without a main detergent compartment. AHAM DW-
1-2020 does not have comparable provisions. Adopting these requirements
specified in the relevant waivers would eliminate the need of
manufacturers of such products from having to seek waivers and would
thereby reduce compliance burden. These modifications would ensure, as
required by EPCA, that the DOE test procedure is not unduly burdensome
to conduct. Additionally, AHAM DW-1-2020 references the relevant
sections of AHAM DW-2-2020 for the requirements where appendix C1
currently references ANSI/AHAM DW-1-2010 and maintains references to
IEC 62301 Ed. 2.0 for the requirements where appendix C1 already
references this standard. Further, DOE's incorporation of a methodology
for measuring cleaning performance and including a consumer-
representative minimum cleaning performance threshold as a condition
for a cycle to be valid in appendix C2 is to be referenced from the
relevant sections of AHAM DW-2-2020.
M. Effective and Compliance Dates
The effective date for the adopted test procedures will be 30 days
after publication of this final rule in the Federal Register. EPCA
prescribes that all representations of energy efficiency and energy
use, including those made on marketing materials and product labels,
must be made in accordance with an amended test procedure, beginning
180 days after publication of the final rule in the Federal Register.
(42 U.S.C. 6293(c)(2)) EPCA provides an allowance for individual
manufacturers to petition DOE for an extension of the 180-day period if
the manufacturer may experience undue hardship in meeting the deadline.
(42 U.S.C. 6293(c)(3)) To receive such an extension, petitions must be
filed with DOE no later than 60 days before the end of the 180-day
period and must detail how the manufacturer will experience undue
hardship. (Id.) Manufacturers will be required to use the amended test
procedure at appendix C1 until the compliance date of any final rule
establishing amended energy conservation standards based on the newly
established test procedure at appendix C2. At such time, manufacturers
will be required to begin using the newly established test procedure at
appendix C2.
Upon the compliance date of test procedure provisions in this final
rule any waivers that had been previously issued and are in effect that
pertain to issues addressed by such provisions are terminated. 10 CFR
430.27(h)(3). Recipients of any such waivers are required to test the
products subject to the waiver according to the amended test procedure
as of the compliance date of the amended test procedure. The amendments
adopted in this document pertain to issues addressed by waivers granted
to Whirlpool, Case No. DW-011, Miele, Case No. DW-012, CNA, Case No.
2020-008, and FOTILE, Case No. 2020-020. 78 FR 65629, 82 FR 17227, 85
FR 79171, and 86 FR 26712, respectively.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (``E.O.'')12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires
agencies, to the extent permitted by law, to (1) propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs (recognizing that some benefits and costs are difficult to
quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing
[[Page 3273]]
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. DOE emphasizes as well that E.O. 13563
requires agencies to use the best available techniques to quantify
anticipated present and future benefits and costs as accurately as
possible. In its guidance, the Office of Information and Regulatory
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
this final regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
DOE has concluded that this rule would not have a significant
impact on a substantial number of small entities. The factual basis for
this certification is as follows:
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers specified in 13 CFR
part 121. DOE used SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. These size standards and codes are established by the North
American Industry Classification System (``NAICS'') and are available
at www.sba.gov/document/support--table-size-standards. Dishwasher
manufacturers are classified under NAICS code 335220, ``Major Household
Appliance Manufacturing.'' The SBA sets a threshold of 1,500 employees
or fewer for an entity to be considered as a small business for this
category.
DOE conducted a focused inquiry into small business manufacturers
of the products covered by this rulemaking. DOE reviewed its Compliance
Certification Database,\57\ California Energy Commission's Modernized
Appliance Efficiency Database System,\58\ and ENERGY STAR's Product
Finder dataset \59\ to create a list of companies that import or
otherwise manufacture the products covered by this proposal. DOE then
consulted publicly available data to identify original equipment
manufacturers (``OEMs'') selling dishwashers in the U.S. DOE relied on
public data and subscription-based market research tools (e.g., Dun &
Bradstreet \60\) to determine company location, headcount, and annual
revenue. DOE screened out companies that do not offer products covered
by this rulemaking, do not meet SBA's definition of a ``small
business,'' or are foreign-owned and operated.
---------------------------------------------------------------------------
\57\ U.S. Department of Energy Compliance Certification
Database, available at www.regulations.doe.gov/certification-data/products.html#q=Product_Group_s%3A*. Last accessed July 8, 2022.
\58\ California Energy Commission Modernized Appliance
Efficiency Database System, available at
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx.
Last accessed June 3, 2022.
\59\ ENERGY STAR[supreg] Product Finder data set, available at
www.energystar.gov/productfinder. Last accessed June 3, 2022.
\60\ The Dun & Bradstreet Hoovers subscription login is
accessible at app.dnbhoovers.com. Last accessed June 7, 2022.
---------------------------------------------------------------------------
DOE identified 21 dishwasher OEMs. Consistent with the preliminary
determination in the December 2021 NOPR, DOE did not identify any
domestic OEMs that qualify as a ``small business.'' \61\
---------------------------------------------------------------------------
\61\ 86 FR 72738, 72766.
---------------------------------------------------------------------------
In this final rule, DOE amends the existing test procedure for
dishwashers at appendix C1 and adopts a new test procedure at appendix
C2. The amendments to appendix C1 establish requirements for water
hardness, relative humidity, and loading pattern; update requirements
for ambient temperature, detergent dosage, and standby power
measurement; and include testing approaches from published waivers for
dishwashers. The new appendix C2 additionally includes provisions for
evaluating cleaning performance and establishing a minimum per cycle
cleaning index threshold as a condition for a valid test; and updated
annual number of cycles and low-power mode hours for the calculation of
energy consumption.
DOE has determined that the amendments to appendix C1 would not
increase testing costs relative to the current appendix C1 or result in
manufacturers needing to re-rate dishwashers. As detailed in the final
rule notice, use of the new appendix C2 would not be required until the
time of the compliance date of future amended energy conservation
standards for dishwashers, should such amendments be adopted. For
appendix C2, DOE estimates the incremental increases in testing costs
compared to the current and amended appendix C1 are approximately $173
per soil-sensing dishwasher basic model and approximately $216 per non-
soil-sensing dishwasher basic model.\62\ Therefore, DOE estimates the
cost to test a soil-sensing dishwasher according to the new appendix C2
to be approximately $2,334 per basic model and that for a non-soil-
sensing dishwasher to be approximately $735 per basic model.\63\
---------------------------------------------------------------------------
\62\ Soil-sensing dishwasher under current appendix C1: $43.22 x
25 hours x 2 units per basic model = $2,161. Non-soil-sensing
dishwasher under current appendix C1: $43.22 x 6 hours x 2 units per
basic model = $518.64 (rounded to $519). $2,334-$2,161 = $173. $735-
$519 = $216.
\63\ 27 hours testing time per soil-sensing unit x $43.22 per
hour x 2 units per basic model = $2,333.88 (rounded to $2,334) and
8.5 hours test time per non-soil-sensing unit x $43.22 per hour x 2
units per basic model = $734.74 (rounded to $735).
---------------------------------------------------------------------------
If DOE were to adopt future energy conservation standards based on
appendix C2, manufacturers would need to retest models in accordance
with appendix C2. In addition to the potential retesting costs, DOE
expects that some manufacturers may incur one-time capital costs if
their current testing laboratories are at capacity and additional
laboratory space or test stations are required. The cost of retesting
in accordance with appendix C2 would be incorporated into the analysis
of any future energy conservation standards based on appendix C2. DOE
would also investigate and include the estimated upfront capital
investments associated
[[Page 3274]]
with testing to the newly established appendix C2 in any future
analysis of energy conservation standards for dishwashers.
DOE did not receive written comments that specifically addressed
impacts on small businesses or that were provided in response to the
initial regulatory flexibility analysis (``IRFA'').
Given the lack of small entities with a direct compliance burden,
DOE concludes that the cost effects accruing from the final rule would
not have a ``significant economic impact on a substantial number of
small entities,'' and that the preparation of a FRFA is not warranted.
DOE has submitted a certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of dishwashers must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including dishwashers. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (PRA). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
DOE is not amending the certification or reporting requirements for
dishwashers in this final rule. Instead, DOE may consider proposals to
amend the certification requirements and reporting for dishwashers
under a separate rulemaking regarding appliance and equipment
certification. DOE will address changes to OMB Control Number 1910-1400
at that time, as necessary.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for dishwashers. DOE has determined that this
rule falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan
[[Page 3275]]
for giving notice and opportunity for timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect small governments. On March 18,
1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The modifications to the test procedure for dishwashers adopted in
this final rule incorporates testing methods contained in certain
sections of the following commercial standards: AHAM DW-1-2020, AHAM
DW-2-2020, and IEC 62301 Ed. 2.0. DOE has evaluated these standards and
is unable to conclude whether it fully complies with the requirements
of section 32(b) of the FEAA (i.e., whether it was developed in a
manner that fully provides for public participation, comment, and
review.) DOE has consulted with both the Attorney General and the
Chairman of the FTC about the impact on competition of using the
methods contained in these standards and has received no comments
objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
AHAM DW-1-2020, ``Uniform Test Method for Measuring the Energy
Consumption of Dishwashers''. AHAM DW-1-2020 is a voluntary industry-
accepted test procedure that measures the energy and water consumption
of household electric dishwashers.
AHAM DW-2-2020, ``Household Electric Dishwashers''. AHAM DW-2-2020
is an industry standard to determine the cleaning performance of
dishwashers.
The AHAM standards are reasonably available from AHAM
(www.aham.org/AHAM/AuxStore).
IEC 62301 Ed. 2.0 is an international standard that specifies
methods of measurement of electrical power consumption of household
appliances in standby mode(s) and other low power modes, as applicable.
IEC 62301 Ed. 2.0 is reasonably available from IEC (https://webstore.ansi.org or https://webstore.iec.ch/).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
[[Page 3276]]
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on December
16, 2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on December 19, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends parts 429 and
430 of chapter II of title 10, Code of Federal Regulations as set forth
below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317, 28 U.S.C. 2461 note.
0
2. Amend Sec. 429.134 by adding paragraph (z) to read as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(z) Dishwashers--(1) Determination of Most Energy-Intensive Cycle.
For any dishwasher basic model that does not meet the specified
cleaning index threshold at a given soil load, the most energy-
intensive cycle will be determined through testing as specified in
sections 4.1.1 and 5.2 of appendix C2 to subpart B of part 430.
(2) [Reserved]
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
3. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
4. Amend Sec. 430.3 by:
0
a. Redesignating paragraphs (i)(2) through (6) as (i)(3) through (7);
0
b. Adding new paragraph (i)(2); and
0
c. Revising newly redesignated paragraph (i)(3); and
0
d. In paragraph (p)(7), removing the text ``C1, D1'' and adding in its
place ``C1, C2, D1''.
The addition and revision read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(i) * * *
(2) AHAM DW-1-2020, Uniform Test Method for Measuring the Energy
Consumption of Dishwashers, copyright 2020; IBR approved for Sec.
430.32; appendices C1 and C2 to subpart B.
(3) AHAM DW-2-2020, Household Electric Dishwashers, copyright 2020;
IBR approved for appendices C1 and C2 to subpart B.
* * * * *
0
5. Section 430.23 is amended by revising paragraph (c) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(c) Dishwashers. (1) The Estimated Annual Operating Cost (EAOC) for
dishwashers must be rounded to the nearest dollar per year and is
defined as follows:
(i) When cold water (50 [deg]F) is used,
EAOC = (De x ETLP) + (De x N x (M +
MWS + MDO + MCO + EF-
(ED/2))).
Where,
De = the representative average unit cost of electrical
energy, in dollars per kilowatt-hour, as provided by the Secretary,
ETLP = the annual combined low-power mode energy
consumption in kilowatt-hours per year and determined according to
section 5 of appendix C1 or appendix C2 to this subpart, as
applicable,
N = the representative average dishwasher use of 215 cycles per year
when EAOC is determined pursuant to appendix C1 to this subpart, and
184 cycles per year when EAOC is determined pursuant to appendix C2
to this subpart,
M = the machine energy consumption per cycle, in kilowatt-hours and
determined according to section 5 of appendix C1 or appendix C2 to
this subpart, as applicable,
MWS = the machine energy consumption per cycle for water
softener regeneration, in kilowatt-hours and determined pursuant to
section 5 of appendix C1 or appendix C2 to this subpart, as
applicable,
MDO = for water re-use system dishwashers, the machine
energy consumption per cycle during a drain out event in kilowatt-
hours and determined according to section 5 of appendix C1 or
appendix C2 to this subpart, as applicable,
MCO = for water re-use system dishwashers, the machine
energy consumption per cycle during a clean out event, in kilowatt-
hours and determined according to section 5 of appendix C1 or
appendix C2 to this subpart, as applicable,
EF = the fan-only mode energy consumption per cycle, in
kilowatt-hours and determined according to section 5 of appendix C1
or appendix C2 to this subpart, as applicable, and
ED = the drying energy consumption, in kilowatt-hours and
determined according to section 5 of appendix C1 or appendix C2 to
this subpart, as applicable.
(ii) When electrically heated water (120 [deg]F or 140 [deg]F) is
used,
EAOC = (De x ETLP) + (De x N x (M +
MWS + MDO + MCO + EF-(ED/
2))) + (De x N x (W + WWS + WDO +
WCO)).
Where,
De, ETLP, N, M, MWS,
MDO, MCO, EF, and ED,
are defined in paragraph (c)(1)(i) of this section,
W = the water energy consumption per cycle, in kilowatt-hours and
determined according to section 5 of appendix C1 or appendix C2 to
this subpart, as applicable,
WWS = the water softener regeneration water energy
consumption per cycle in kilowatt-hours and determined according to
section 5 of appendix C1 or appendix C2 to this subpart, as
applicable,
WDO = The drain out event water energy consumption per
cycle in kilowatt-hours and determined according to section 5 of
appendix C1 or appendix C2 to this subpart, as applicable, and
WCO = The clean out event water energy consumption per
cycle in kilowatt-hours and determined according to section 5 of
appendix C1 or appendix C2 to this subpart, as applicable.
(iii) When gas-heated or oil-heated water is used,
EAOCg = (De x ETLP) + (De x
N x (M + MWS + MDO +MCO + EF-(ED/2)))
+ (Dg x N x (Wg + WWSg +
WDOg + WCOg)).
Where,
De, ETLP, N, M, MWS,
MDO, MCO, EF, and ED,
are defined in paragraph (c)(1)(i) of this section,
Dg = the representative average unit cost of gas or oil,
as appropriate, in dollars per BTU, as provided by the Secretary,
[[Page 3277]]
Wg = the water energy consumption per cycle, in Btus and
determined according to section 5 of appendix C1 or appendix C2 to
this subpart, as applicable.
WWSg = the water softener regeneration energy consumption
per cycle in Btu per cycle and determined according to section 5 of
appendix C1 or appendix C2 to this subpart, as applicable,
WDOg = the drain out water energy consumption per cycle
in kilowatt-hours and determined according to section 5 of appendix
C1 or appendix C2 to this subpart, as applicable, and
WCOg = the clean out water energy consumption per cycle
in kilowatt-hours and determined according to section 5 of appendix
C1 or appendix C2 to this subpart, as applicable.
(2) The estimated annual energy use, EAEU, expressed in kilowatt-
hours per year must be rounded to the nearest kilowatt-hour per year
and is defined as follows:
EAEU = (M + MWS + MDO + MCO +
EF-(ED/2) + W + WWS + WDO +
WCO) x N + ETLP
Where,
M, MWS, MDO, MCO, EF,
ED, ETLP are all defined in paragraph
(c)(1)(i) of this section and W, WWS, WDO,
WCO are defined in paragraph (c)(1)(ii) of this section.
(3) The sum of the water consumption, V, the water consumption
during water softener regeneration, VWS, the water
consumption during drain out events for dishwashers equipped with a
water re-use system, VDO, and the water consumption during
clean out events for dishwashers equipped with a water re-use system,
VCO, expressed in gallons per cycle and defined pursuant to
section 5 of appendix C1 or appendix C2 to this subpart, as applicable,
must be rounded to one decimal place.
(4) Other useful measures of energy consumption for dishwashers are
those which the Secretary determines are likely to assist consumers in
making purchasing decisions and which are derived from the application
of appendix C1 to this subpart or appendix C2 to this subpart, as
applicable.
* * * * *
0
6. Appendix C1 to subpart B of part 430 is revised to read as follows:
Appendix C1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Before July 17, 2023 manufacturers must use the results of
testing under this appendix as codified on February 17, 2023 or this
appendix as it appeared in the January 1, 2023 edition of 10 CFR
parts 200-499 to determine compliance with the relevant standard
from Sec. 430.32(f)(1) as it appeared in the January 1, 2023
edition of 10 CFR parts 200-499. Beginning July 17, 2023,
manufacturers must use the results of testing under this appendix to
determine compliance with the relevant standard from Sec.
430.32(f)(1) as it appeared in the January 1, 2023 edition of 10 CFR
parts 200-499. Manufacturers must use the results of testing under
appendix C2 to determine compliance with any amended standards for
dishwashers provided in 10 CFR 430.32(f)(1) that are published after
January 1, 2023. Any representations related to energy or water
consumption of dishwashers must be made in accordance with the
appropriate appendix that applies (i.e., appendix C1 or appendix C2)
when determining compliance with the relevant standard.
Manufacturers may also use appendix C2 to certify compliance with
any amended standards prior to the applicable compliance date for
those standards.
0. Incorporation by Reference
In Sec. 430.3, DOE incorporated by reference the entire standard
for AHAM DW-1-2020 and AHAM DW-2-2020; however, only enumerated
provision of AHAM DW-1-2020, AHAM DW-2-2020, and IEC 62301 are
applicable as follows:
0.1 AHAM DW-1-2020
(a) Sections 1.1 through 1.30 as referenced in section 1 of this
appendix;
(b) Section 2.1 as referenced in sections 2 and 2.1 of this
appendix;
(c) Sections 2.2 through 2.3.3, sections 2.5 through 2.7, sections
2.7.2 through 2.8, and section 2.11, as referenced in section 2 of this
appendix;
(d) Section 2.4 as referenced in sections 2 and 2.2 of this
appendix;
(e) Section 2.7.1 as referenced in sections 2 and 2.3 of this
appendix;
(f) Section 2.9 as referenced in sections 2 and 2.4 of this
appendix;
(g) Section 2.10 as referenced in sections 2 and 2.5 of this
appendix;
(h) Sections 3.1 through 3.2 and sections 3.5 through 3.7 as
referenced in section 3 of this appendix;
(i) Section 3.3 as referenced in sections 3 and 3.1 of this
appendix;
(j) Section 3.4 as referenced in sections 3 and 3.2 of this
appendix;
(k) Sections 4.1 through 4.1.2 and sections 4.1.4 through 4.2 as
referenced in section 4 of this appendix;
(l) Section 4.1.4 as referenced in sections 4 and 4.1 of this
appendix; and
(m) Section 5 as referenced in section 5 of this appendix.
0.2 AHAM DW-2-2020: Household Electric Dishwashers
(a) Section 3.4 as referenced in sections 2 and 2.3 of this
appendix, and through reference to sections 1.5 and 1.22 of AHAM DW-1-
2020 in section 1 of this appendix.
(b) Section 3.5 through reference to sections 1.5 and 1.22 of AHAM
DW-1-2020 in section 1 of this appendix.
(c) Section 4.1 as referenced in section 2 of this appendix.
(d) Sections 5.3 through 5.8 as referenced in section 2 of this
appendix, and through reference to sections 1.18, 1.19, and 1.20 of
AHAM DW-1-2020 in section 1 of this appendix.
0.3 IEC 62301
(a) Sections 4.2, 4.3.2, and 5.2 as referenced in section 2 of this
appendix; and
(b) Sections 5.1, note 1, and 5.3.2 as referenced in section 4 of
this appendix.
1. Definitions
The definitions in sections 1.1 through 1.30 of AHAM DW-1-2020
apply to this test procedure, including the applicable provisions of
AHAM DW-2-2020 as referenced in sections 1.5, 1.18, 1.19. 1.20, and
1.22 of AHAM DW-1-2020.
2. Testing Conditions
The testing conditions in sections 2.1 through 2.11 of AHAM DW-1-
2020 apply to this test procedure, including the following provisions
of:
(a) Sections 5.2, 4.3.2, and 4.2 of IEC 62301 as referenced in
sections 2.1, 2.2.4, and 2.5.2 of AHAM DW-1-2020, respectively, and
(b) Sections 5.3 through 5.8 of AHAM DW-2-2020 as referenced in
sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM DW-1-2020; section 3.4
of AHAM DW-2-2020, excluding the accompanying Note, as referenced in
section 2.7.1 of AHAM DW-1-2020; section 5.4 of AHAM DW-2-2020 as
referenced in section 2.7.4 of AHAM DW-1-2020; section 5.5 of AHAM DW-
2-2020 as referenced in section 2.7.5 of AHAM DW-1-2020, and section
4.1 of AHAM DW-2-2020 as referenced in section 2.10.1 of AHAM DW-1-
2020. Additionally, the following requirements are also applicable.
2.1 Installation Requirements.
The installation requirements described in section 2.1 of AHAM DW-
1-2020 are applicable to all dishwashers, with the following additions:
2.1.1 In-Sink Dishwashers.
For in-sink dishwashers, the requirements pertaining to the
rectangular enclosure for under-counter or under-sink dishwashers are
not applicable. For such dishwashers, the rectangular enclosure must
consist of a front, a back, two sides, and a bottom. The front, back,
and sides of the enclosure must be brought into the closest contact
with the appliance that the configuration of the dishwasher will allow.
The height of the enclosure shall be as specified in the manufacturer's
[[Page 3278]]
instructions for installation height. If no instructions are provided,
the enclosure height shall be 36 inches. The dishwasher must be
installed from the top and mounted to the edges of the enclosure.
2.1.2 Dishwashers without a Direct Water Line.
Manually fill the built-in water reservoir to the full capacity
reported by the manufacturer, using water at a temperature in
accordance with section 2.3 of AHAM DW-1-2020.
2.2 Water pressure.
The water pressure requirements described in section 2.4 of AHAM
DW-1-2020 are applicable to all dishwashers except dishwashers that do
not have a direct water line.
2.3 Test load items.
The test load items described in section 2.7.1 of AHAM DW-1-2020
apply to this test procedure, including the applicable provisions of
section 3.4 of AHAM DW-2-2020, as referenced in section 2.7.1 of AHAM
DW-1-2020. The following test load items may be used in the
alternative.
----------------------------------------------------------------------------------------------------------------
Dishware/glassware/flatware Alternate Alternate
item Primary source Description Primary No. source source No.
----------------------------------------------------------------------------------------------------------------
Dinner Plate................ Corning 10 inch Dinner 6003893
Comcor[supreg]/ Plate.
Corelle[supreg
].
Bread and Butter Plate...... Corning 6.75 inch Bread 6003887 Arzberg........ 8500217100 or
Comcor[supreg]/ & Butter. 2000-00001-021
Corelle[supreg 7-1.
].
Fruit Bowl.................. Corning 10 oz. Dessert 6003899 Arzberg........ 3820513100.
Comcor[supreg]/ Bowl.
Corelle[supreg
].
Cup......................... Corning 8 oz. Ceramic 6014162 Arzberg........ 1382-00001-4732
Comcor[supreg]/ Cup. .
Corelle[supreg
].
Saucer...................... Corning 6 inch Saucer.. 6010972 Arzberg........ 1382-00001-4731
Comcor[supreg]/ .
Corelle[supreg
].
Serving Bowl................ Corning 1 qt. Serving 6003911
Comcor[supreg]/ Bowl.
Corelle[supreg
].
Platter..................... Corning 9.5 inch Oval 6011655
Comcor[supreg]/ Platter.
Corelle[supreg
].
Glass--Iced Tea............. Libbey......... ............... 551 HT
Flatware--Knife............. Oneida[supreg]- ............... 2619KPVF WMF--Gastro 12.0803.6047.
-Accent. 0800.
Flatware--Dinner Fork....... Oneida[supreg]- ............... 2619FRSF WMF--Signum 12.1905.6040.
-Accent. 1900.
Flatware--Salad Fork........ Oneida[supreg]- ............... 2619FSLF WMF--Signum 12.1964.6040.
-Accent. 1900.
Flatware--Teaspoon.......... Oneida[supreg]- ............... 2619STSF WMF--Signum 12.1910.6040.
-Accent. 1900.
Flatware--Serving Fork...... Oneida[supreg]- ............... 2865FCM WMF--Signum 12.1902.6040.
-Flight. 1900.
Flatware--Serving Spoon..... Oneida[supreg]- ............... 2619STBF WMF--Signum 12.1904.6040.
-Accent. 1900.
----------------------------------------------------------------------------------------------------------------
2.4 Preconditioning requirements.
The preconditioning requirements described in section 2.9 of AHAM
DW-1-2020 are applicable to all dishwashers. For dishwashers that do
not have a direct water line, measurement of the prewash fill water
volume, Vpw, if any, and measurement of the main wash fill
water volume, Vmw, are not taken.
2.5 Detergent.
The detergent requirements described in section 2.10 of AHAM DW-1-
2020 are applicable to all dishwashers. For any dishwasher that does
not have a main wash detergent compartment and the manufacturer does
not recommend a location to place the main wash detergent, determine
the amount of main wash detergent (in grams) according to section 2.10
of AHAM DW-1-2020, or as specified below, and place the detergent
directly into the dishwasher chamber.
Additionally, the following detergent and dosage may also be used
for all dishwashers. Note that if the detergent specified in section
2.10 of AHAM DW-1-2020 is used, then the dosage requirements specified
in section 2.10 of AHAM DW-1-2020 must be used. Alternately, if the
detergent specified below is used, the dosage requirements specified
below must be used.
Use Cascade with the Grease Fighting Power of Dawn powder as the
detergent formulation. For all dishwashers other than water re-use
system dishwashers determine the amount of detergent (in grams) to be
added to the prewash compartment (if provided) or elsewhere in the
dishwasher (if recommended by the manufacturer) and the main wash
compartment according to sections 2.6.1 and 2.6.2 of this appendix.
2.5.1 Detergent Dosing for Dishwashers other than Water Re-use
System Dishwashers.
2.5.1.1 Prewash Detergent Dosing. If the cycle setting for the test
cycle includes prewash, determine the quantity of dry prewash
detergent, Dpw, in grams (g) that results in 0.25 percent
concentration by mass in the prewash fill water as:
Dpw = Vpw x [rho] x k x 0.25/100
Where,
Vpw = the prewash fill volume of water in gallons,
[rho] = water density = 8.343 pounds (lb)/gallon for dishwashers to
be tested at a nominal inlet water temperature of 50 [deg]F (10
[deg]C), 8.250 lb/gallon for dishwashers to be tested at a nominal
inlet water temperature of 120 [deg]F (49 [deg]C), and 8.205 lb/
gallon for dishwashers to be tested at a nominal inlet water
temperature of 140 [deg]F (60 [deg]C), and
k = conversion factor from lb to g = 453.6 g/lb.
2.5.1.2 Main Wash Detergent Dosing. Determine the quantity of dry
main wash detergent, Dmw, in grams (g) that results in 0.25
percent concentration by mass in the main wash fill water as:
Dmw = Vmw x [rho] x k x 0.25/100
Where,
Vmw = the main wash fill volume of water in gallons, and
[rho] and k are defined in section 2.5.1.1 of this appendix.
For dishwashers that do not have a direct water line, the
Vmw is equal to the manufacturer reported water capacity
used in the main wash stage of the test cycle.
2.5.2 Detergent Dosing for Water Re-use System Dishwashers. Use the
same detergent dosing requirement as specified in section 2.10.2 of
AHAM DW-1-2020.
2.6 Connected functionality.
For dishwashers that can communicate through a network (e.g.,
Bluetooth[supreg] or internet connection), disable all network
functions that can be disabled by means provided in the manufacturer's
user manual, for the
[[Page 3279]]
duration of testing. If network functions cannot be disabled by means
provided in the manufacturer's user manual, conduct the standby power
test with network function in the ``as-shipped'' condition.
3. Instrumentation
For this test procedure, the test instruments are to be calibrated
annually according to the specifications in sections 3.1 through 3.7 of
AHAM DW-1-2020, including the applicable provisions of IEC 62301 as
referenced in section 3.6 of AHAM DW-1-2020. Additionally, the
following requirements are also applicable.
3.1 Water meter.
The water meter requirements described in section 3.3 of AHAM DW-1-
2020 are applicable to all dishwashers except dishwashers that do not
have a direct water line. For such dishwashers these water meter
conditions do not apply and water is added manually pursuant to section
2.1.1 of this appendix.
3.2 Water pressure gauge.
The water pressure gauge requirements described in section 3.4 of
AHAM DW-1-2020 are applicable to all dishwashers except dishwashers
that do not have a direct water line. For such dishwashers these water
pressure gauge conditions do not apply and water is added manually
pursuant to section 2.1.1 of this appendix.
4. Test Cycle and Measurements
The test cycle and measurement specifications in sections 4.1
through 4.2 of AHAM DW-1-2020 apply to this test procedure, including
section 5.1, note 1, and section 5.3.2 of IEC 62301 as referenced in
section 4.2 of AHAM DW-1-2020. Additionally, the following requirements
are also applicable.
4.1 Water consumption.
The water consumption requirements described in section 4.1.4 of
AHAM DW-1-2020 are applicable to all dishwashers except dishwashers
that do not have a direct water line. For such dishwashers these water
consumption measurement requirements do not apply and water
consumption, V, is the value reported by the manufacturer.
5. Calculation of Derived Results From Test Measurements
The calculations in section 5.1 through 5.7 of AHAM DW-1-2020 apply
to this test procedure. The following additional requirements are also
applicable:
(a) In sections 5.1.3, 5.1.4, 5.1.5, 5.4.3, 5.4.4, 5.4.5, and 5.7
of AHAM DW-1-2020, use N = 215 cycles/year in place of N = 184 cycles/
year.
(b) In section 5.7 of AHAM DW-1-2020, use SLP = 8,465
for dishwashers that are not capable of operating in fan-only mode.
(c) For dishwashers that do not have a direct water line, water
consumption is equal to the volume of water use in the test cycle, as
specified by the manufacturer.
(d) In sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-
1-2020, use (C/e) in place of K.
0
7. Appendix C2 to subpart B of part 430 is added to read as follows:
Appendix C2 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Manufacturers must use the results of testing under this
appendix C2 to determine compliance with any standards for
dishwashers provided in Sec. 430.32(f)(1) that are published after
January 1, 2023. Representations related to energy or water
consumption of dishwashers must be made in accordance with the
appropriate appendix that applies (i.e., appendix C1 or appendix C2)
when determining compliance with the relevant standard.
Manufacturers may also use appendix C2 to certify compliance with
any amended standards prior to the applicable compliance date for
those standards.
0. Incorporation by Reference
In Sec. 430.3, DOE incorporated by reference the entire standard
for AHAM DW-1-2020 and AHAM DW-2-2020; however, only enumerated
provision of AHAM DW-1-2020, AHAM DW-2-2020, and IEC 62301 are
applicable as follows:
0.1 AHAM DW-1-2020
(a) Sections 1.1 through 1.30 as referenced in section 1 of this
appendix;
(b) Section 2.1 as referenced in sections 2 and 2.1 of this
appendix;
(c) Sections 2.2 through 2.3.3, sections 2.5 and 2.7, sections
2.7.2 through 2.8, and section 2.11, as referenced in section 2 of this
appendix;
(d) Section 2.4 as referenced in sections 2 and 2.2 of this
appendix;
(e) Section 2.6.3 as referenced in sections 2 and 2.3 of this
appendix;
(f) Section 2.7.1 as referenced in sections 2 and 2.4 of this
appendix;
(g) Section 2.9 as referenced in sections 2 and 2.5 of this
appendix;
(h) Section 2.10 as referenced in sections 2 and 2.6 of this
appendix;
(i) Sections 3.1 through 3.2 and sections 3.5 through 3.7 as
referenced in section 3 of this appendix;
(j) Section 3.3 as referenced in sections 3 and 3.1 of this
appendix;
(k) Section 3.4 as referenced in sections 3 and 3.2 of this
appendix;
(l) Section 4.1 as referenced in sections 4 and 4.1 of this
appendix;
(m) Section 4.1.4 as referenced in sections 4 and 4.1.2 of this
appendix; and
(n) Section 5 as referenced in section 5 of this appendix.
0.2 AHAM DW-2-2020
(a) Section 3.4 as referenced in sections 2 and 2.4 of this
appendix, and through reference to sections 1.5 and 1.22 of AHAM DW-1-
2020 in section 1 of this appendix.
(b) Section 3.5 through reference to sections 1.5 and 1.22 of AHAM
DW-1-2020 in section 1 of this appendix.
(c) Section 4.1 as referenced in section 2 of this appendix.
(d) Sections 5.3 through 5.8 as referenced in section 2 of this
appendix, and through reference to sections 1.18, 1.19 and 1.20 of AHAM
DW-1-2020 in section 1 of this appendix.
(e) Section 5.10 as referenced in sections 2 and 2.8 of this
appendix;
(f) Sections 5.10.1.1 as referenced in sections 4 and 4.2 of this
appendix; and
(g) Section 5.12.3.1 as referenced in sections 5 and 5.1 of this
appendix.
0.3 IEC 62301
(a) Sections 4.2, 4.3.2, and 5.2 as referenced in section 2 of this
appendix; and
(b) Sections 5.1, note 1, and 5.3.2 as referenced in section 4 of
this appendix.
1. Definitions
The definitions in sections 1.1 through 1.30 of AHAM DW-1-2020
apply to this test procedure, including the applicable provisions of
AHAM DW-2-2020 as referenced in sections 1.5, 1.18, 1.19, 1.20, and
1.22 of AHAM DW-1-2020.
2. Testing Conditions
The testing conditions in Section 2.1 through 2.11 of AHAM DW-1-
2020, except sections 2.6.1 and 2.6.2, and the testing conditions in
section 5.10 of AHAM DW-2-2020 apply to this test procedure, including
the following provisions of:
(a) Sections 5.2, 4.3.2, and 4.2 of IEC 62301 as referenced in
sections 2.1, 2.2.4, and 2.5.2 of AHAM DW-1-2020, respectively, and
(b) Sections 5.3 through 5.8 of AHAM DW-2-2020 as referenced in
sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM DW-1-2020; section 3.4
of AHAM DW-2-2020, excluding the accompanying Note, as referenced in
section 2.7.1 of AHAM DW-1-2020; section 5.4 of AHAM DW-2-2020 as
referenced in section 2.7.4 of AHAM DW-1-2020; section 5.5 of AHAM DW-
2-2020 as
[[Page 3280]]
referenced in section 2.7.5 of AHAM DW-1-2020, and section 4.1 of AHAM
DW-2-2020 as referenced in section 2.10.1 of AHAM DW-1-2020.
Additionally, the following requirements are also applicable.
2.1 Installation Requirements.
The installation requirements described in section 2.1 of AHAM DW-
1-2020 are applicable to all dishwashers, with the following additions:
2.1.1 In-Sink Dishwashers.
For in-sink dishwashers, the requirements pertaining to the
rectangular enclosure for under-counter or under-sink dishwashers are
not applicable. For such dishwashers, the rectangular enclosure must
consist of a front, a back, two sides, and a bottom. The front, back,
and sides of the enclosure must be brought into the closest contact
with the appliance that the configuration of the dishwasher will allow.
The height of the enclosure shall be as specified in the manufacturer's
instructions for installation height. If no instructions are provided,
the enclosure height shall be 36 inches. The dishwasher must be
installed from the top and mounted to the edges of the enclosure.
2.1.2 Dishwashers without a Direct Water Line.
Manually fill the built-in water reservoir to the full capacity
reported by the manufacturer, using water at a temperature in
accordance with section 2.3 of AHAM DW-1-2020.
2.2 Water pressure.
The water pressure requirements described in section 2.4 of AHAM
DW-1-2020 are applicable to all dishwashers except dishwashers that do
not have a direct water line.
2.3 Non-soil-sensing and soil-sensing dishwashers to be tested at a
nominal inlet temperature of 50 [deg]F, 120 [deg]F, or 140 [deg]F.
The test load and soiling requirements for all non-soil-sensing and
soil-sensing dishwashers shall be the same as those requirements
specified in section 2.6.3 of AHAM DW-1-2020 for soil-sensing
dishwashers. Additionally, both non-soil-sensing and soil-sensing
compact dishwashers that have a capacity of less than four place
settings shall be tested at the rated capacity of the dishwasher and
the test load shall be soiled as follows at each soil load:
(a) Heavy soil load: soil two-thirds of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is greater;
(b) Medium soil load: soil one-quarter of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is smaller;
(c) Light soil load: soil one-quarter of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is smaller, using half the
quantity of soils specified for one place setting.
2.4 Test load items.
The test load items described in section 2.7.1 of AHAM DW-1-2020
apply to this test procedure, including the applicable provisions of
section 3.4 of AHAM DW-2-2020, as referenced in section 2.7.1 of AHAM
DW-1-2020. The following test load items may be used in the
alternative.
----------------------------------------------------------------------------------------------------------------
Dishware/glassware/flatware Alternate Alternate
item Primary source Description Primary No. source source No.
----------------------------------------------------------------------------------------------------------------
Dinner Plate................ Corning 10 inch Dinner 6003893
Comcor[supreg]/ Plate.
Corelle[supreg
].
Bread and Butter Plate...... Corning 6.75 inch Bread 6003887 Arzberg........ 8500217100 or
Comcor[supreg]/ & Butter. 2000-00001-021
Corelle[supreg 7-1.
].
Fruit Bowl.................. Corning 10 oz. Dessert 6003899 Arzberg........ 3820513100.
Comcor[supreg]/ Bowl.
Corelle[supreg
].
Cup......................... Corning 8 oz. Ceramic 6014162 Arzberg........ 1382-00001-4732
Comcor[supreg]/ Cup. .
Corelle[supreg
].
Saucer...................... Corning 6 inch Saucer.. 6010972 Arzberg........ 1382-00001-4731
Comcor[supreg]/ .
Corelle[supreg
].
Serving Bowl................ Corning 1 qt. Serving 6003911
Comcor[supreg]/ Bowl.
Corelle[supreg
].
Platter..................... Corning 9.5 inch Oval 6011655
Comcor[supreg]/ Platter.
Corelle[supreg
].
Glass--Iced Tea............. Libbey......... ............... 551 HT
Flatware--Knife............. Oneida[supreg]- ............... 2619KPVF WMF--Gastro 12.0803.6047.
-Accent. 0800.
Flatware--Dinner Fork....... Oneida[supreg]- ............... 2619FRSF WMF--Signum 12.1905.6040.
-Accent. 1900.
Flatware--Salad Fork........ Oneida[supreg]- ............... 2619FSLF WMF--Signum 12.1964.6040.
-Accent. 1900.
Flatware--Teaspoon.......... Oneida[supreg]- ............... 2619STSF WMF--Signum 12.1910.6040.
-Accent. 1900.
Flatware--Serving Fork...... Oneida[supreg]- ............... 2865FCM WMF--Signum 12.1902.6040.
-Flight. 1900.
Flatware--Serving Spoon..... Oneida[supreg]- ............... 2619STBF WMF--Signum 12.1904.6040.
-Accent. 1900.
----------------------------------------------------------------------------------------------------------------
2.5 Preconditioning requirements.
The preconditioning requirements described in section 2.9 of AHAM
DW-1-2020 are applicable to all dishwashers except the measurement of
the prewash fill water volume, Vpw, if any, and measurement
of the main wash fill water volume, Vmw, are not required.
2.6 Detergent.
The detergent requirements described in section 2.10 of AHAM DW-1-
2020 are applicable to all dishwashers. For any dishwasher that does
not have a main wash detergent compartment and the manufacturer does
not recommend a location to place the main wash detergent, place the
detergent directly into the dishwasher chamber.
2.7 Connected functionality.
For dishwashers that can communicate through a network (e.g.,
Bluetooth[supreg] or internet connection), disable all network
functions that can be disabled by means provided in the manufacturer's
user manual, for the duration of testing. If network functions cannot
be disabled by means provided in the manufacturer's user manual,
conduct the standby power test with network function in the ``as-
shipped'' condition.
2.8 Evaluation Room Lighting Conditions.
The lighting setup in the evaluation room where the test load is
scored shall be according to the requirements specified in section 5.10
of AHAM DW-2-2020.
[[Page 3281]]
3. Instrumentation
For this test procedure, the test instruments are to be calibrated
annually according to the specifications in section 3.1 through 3.7 of
AHAM DW-1-2020, including the applicable provisions of IEC 62301 as
referenced in section 3.6 of AHAM DW-1-2020. Additionally, the
following requirements are also applicable.
3.1 Water meter.
The water meter requirements described in section 3.3 of AHAM DW-1-
2020 are applicable to all dishwashers except dishwashers that do not
have a direct water line. For such dishwashers these water meter
conditions do not apply and water is added manually pursuant to section
2.1.1 of this appendix.
3.2 Water pressure gauge.
The water pressure gauge requirements described in section 3.4 of
AHAM DW-1-2020 are applicable to all dishwashers except dishwashers
that do not have a direct water line. For such dishwashers these water
pressure gauge conditions do not apply and water is added manually
pursuant to section 2.1.1 of this appendix.
4. Test Cycle and Measurements
The test cycle and measurement specifications in sections 4.1
through 4.2 of AHAM DW-1-2020 and the scoring specifications in section
5.10.1.1 of AHAM DW-2-2020 apply to this test procedure, including
section 5.1, note 1, and section 5.3.2 of IEC 62301 as referenced in
section 4.2 of AHAM DW-1-2020. Additionally, the following requirements
are also applicable.
4.1 Active mode cycle.
The active mode energy consumption measurement requirements
described in section 4.1 of AHAM DW-1-2020 are applicable to all
dishwashers. Additionally, the following requirements are also
applicable:
(a) After the completion of each test cycle (sensor heavy response,
sensor medium response, and sensor light response), the test load shall
be scored according to section 4.2 of this appendix and its cleaning
index calculated according to section 5.1 of this appendix.
(b) A test cycle is considered valid if its cleaning index is 70 or
higher; otherwise, the test cycle is invalid and the data from that
test run is discarded.
(c) For soil-sensing dishwashers, if the test cycle at any soil
load is invalid, clean the dishwasher filter according to
manufacturer's instructions and repeat the test at that soil load on
the most energy-intensive cycle (determined as provided in section
4.1.1 of this appendix) that achieves a cleaning index of 70 or higher.
(d) For non-soil-sensing dishwashers, perform testing as described
in section 4.1.a through 4.1.c of this appendix, except that, if a test
cycle at a given soil load meets the cleaning index threshold criteria
of 70 when tested on the normal cycle, no further testing is required
for test cycles at lesser soil loads.
4.1.1 Determination of most energy-intensive cycle.
If the most energy-intensive cycle is not known and needs to be
determined via testing, ensure the filter is cleaned as specified in
the manufacturer's instructions and test each available cycle type,
selecting the default cycle options for that cycle type. In the absence
of manufacturer recommendations on washing and drying temperature
options, the highest energy consumption options must be selected.
Following the completion of each test cycle, the machine electrical
energy consumption and water consumption shall be measured according to
sections 4.1.1 and 4.1.4 of AHAM DW-1-2020, respectively. The total
cycle energy consumption, EMEI, of each tested cycle type
shall be calculated according to section 5.2 of this appendix. The most
energy-intensive cycle is the cycle type with the highest value of
EMEI.
For standard dishwashers, test each cycle with a clean load of
eight place settings plus six serving pieces, as specified in section
2.7 of AHAM DW-1-2020. For compact dishwashers, test each cycle with a
clean load of four place settings plus six serving pieces, as specified
in section 2.7 of AHAM DW-1-2020. If the capacity of the dishwasher, as
stated by the manufacturer, is less than four place settings, then the
test load must be the stated capacity.
4.1.2 Water consumption.
The water consumption requirements described in section 4.1.4 of
AHAM DW-1-2020 are applicable to all dishwashers except dishwashers
that do not have a direct water line. For such dishwashers these water
consumption measurement requirements do not apply and water
consumption, V, is the value reported by the manufacturer.
4.2 Scoring.
Following the termination of an active mode test, each item in the
test load shall be scored on a scale from 0 to 9 according to the
instructions in section 5.10.1.1 of AHAM DW-2-2020.
5. Calculation of Derived Results From Test Measurements
The calculations in sections 5.1 through 5.7 of AHAM DW-1-2020 and
section 5.12.3.1 of AHAM DW-2-2020 apply to this test procedure. The
following additional requirements are also applicable:
(a) For both soil-sensing and non-soil-sensing dishwashers, use the
equations specified for soil-sensing dishwashers.
(b) If a non-soil-sensing dishwasher is not tested at a certain
soil load as specified in section 4.1.d of this appendix, use the
energy and water consumption values of the preceding soil load when
calculating the weighted average energy and water consumption values
(i.e., if the sensor medium response and sensor light response tests on
the normal cycle are not conducted, use the values of the sensor heavy
response test for all three soil loads; if only the sensor light
response test is not conducted, use the values of the sensor medium
response test for the sensor light response test).
(c) For dishwashers that do not have a direct water line, water
consumption is equal to the volume of water use in the test cycle, as
specified by the manufacturer.
(d) In sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-
1-2020, use (C/e) in place of K.
5.1 Cleaning Index.
Determine the per-cycle cleaning index for each test cycle using
the equation in section 5.12.3.1 of AHAM DW-2-2020.
5.2 Calculation for determination of the most energy-intensive
cycle type.
The total cycle energy consumption for the determination of the
most energy-intensive cycle specified in section 4.1.1 of this appendix
is calculated for each tested cycle type as:
EMEI = M + EF-(ED/2) + W
where,
M = per-cycle machine electrical energy consumption, expressed in
kilowatt hours per cycle,
EF = fan-only mode electrical energy consumption, if
available on the tested cycle type, expressed in kilowatt hours per
cycle,
ED = drying energy consumed using the power-dry feature
after the termination of the last rinse option of the tested cycle
type, if available on the tested cycle type, expressed in kilowatt
hours per cycle, and
W = water energy consumption and is defined as:
V x T x K, for dishwashers using electrically heated water, and
V x T x C/e, for dishwashers using gas-heated or oil-heated water.
Additionally,
V = water consumption in gallons per cycle,
T = nominal water heater temperature rise and is equal to 90 [deg]F
for dishwashers that operate with a nominal 140 [deg]F inlet water
temperature, and 70 [deg]F for dishwashers
[[Page 3282]]
that operate with a nominal 120 [deg]F inlet water temperature,
K = specific heat of water in kilowatt-hours per gallon per degree
Fahrenheit = 0.0024,
C = specific heat of water in Btu's per gallon per degree Fahrenheit
= 8.2, and
e = nominal gas or oil water heater recovery efficiency = 0.75.
0
8. Section 430.32 is amended by revising paragraph (f) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(f) Dishwashers. (1) All dishwashers manufactured on or after May
30, 2013, shall meet the following standard--
(i) Standard size dishwashers shall not exceed 307 kwh/year and 5.0
gallons per cycle. Standard size dishwashers have a capacity equal to
or greater than eight place settings plus six serving pieces as
specified in AHAM DW-1-2020 (incorporated by reference, see Sec.
430.3) using the test load specified in section 2.3 of appendix C1 or
section 2.4 of appendix C2 in subpart B of this part, as applicable.
(ii) Compact size dishwashers shall not exceed 222 kwh/year and 3.5
gallons per cycle. Compact size dishwashers have a capacity less than
eight place settings plus six serving pieces as specified in AHAM DW-1-
2020 (incorporated by reference, see Sec. 430.3) using the test load
specified in section 2.3 of appendix C1 or section 2.4 of appendix C2
in subpart B of this part, as applicable.
(2) [Reserved]
* * * * *
[FR Doc. 2022-27879 Filed 1-17-23; 8:45 am]
BILLING CODE 6450-01-P
