Energy Conservation Program: Energy Conservation Standards for Air Cleaners, 60105-60111 [2023-18860]
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60105
Rules and Regulations
Federal Register
Vol. 88, No. 168
Thursday, August 31, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1146 and 1147
[Doc. No. AMS–DA–21–0013]
RIN 0581–AE00
Dairy Donation Program
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION:
Final rule; removal of expiration
date.
On September 1, 2021, the
Agricultural Marketing Service (AMS)
amended the provisions of the Milk
Donation Reimbursement Program
through September 1, 2023, and added
regulations for the Dairy Donation
Program, on an interim basis, set to
expire September 1, 2023. On August
24, 2023, AMS published a final rule
further amending the provisions of both
programs and removing the expiration
date for the Dairy Donation Program.
However, we failed to formally adopt
the interim provisions, remove the
expiration of the amendments to the
Milk Donation Reimbursement Program,
and list the removal of both expirations
in the DATES section of the preamble.
This final rule corrects that oversight.
DATES: Effective August 31 2023, the
September 1, 2023, expiration date for
the amendments to §§ 1146.1, 1146.102,
1146.106, and the addition of part 1147,
published September 1, 2021, at 86 FR
48887, is removed.
FOR FURTHER INFORMATION CONTACT: Erin
Taylor, Director, Order Formulation and
Enforcement, AMS Dairy Program,
USDA; 1400 Independence Avenue SW,
Room 2524–S, Washington, DC 20250;
telephone: (202) 720–7311; email: DDP@
usda.gov; web address:
www.ams.usda.gov/ddp.
SUPPLEMENTARY INFORMATION: The Dairy
Donations Program (DDP) was
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SUMMARY:
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implemented on September 1, 2021,
through an interim final rule (86 FR
48887). The final rule of August 25,
2023 (88 FR 57861), finalized and made
minor changes to the provisions of the
DDP codified at 7 CFR part 1147. The
final rule of August 25, 2023, also
further amended the provisions of the
Milk Donation Reimbursement Program
(MDRP), which was established in 2021
(84 FR 46658), and amended in 2021 (86
FR 48897) to better coordinate with the
DDP. Both donation programs provide
for reimbursement of certain costs for
donations of milk and dairy products
and help reduce food waste.
The DDP and the 2021 amendments to
MDRP were set to expire September 1,
2023. However, AMS determined to
retain both programs as established and
amended and to further amend certain
provisions of both parts. The final rule
of August 25, 2023, made further
amendments to both parts and removed
expiration of the DDP provisions, but
failed to remove expiration of the 2021
amendments to the MDRP. This
document corrects that oversight.
7 CFR PART 1146—MILK DONATION
REIMBURSEMENT PROGRAM
7 CFR PART 1147—DAIRY DONATION
PROGRAM
AMS adopts as final the interim rule
amending 7 CFR parts 1146 and 1147
which was published at 86 FR 48887 on
September 1, 2021, with the changes
published at 88 FR 57861 on August 24,
2023.
■
Erin Morris,
Associate Deputy Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–18949 Filed 8–30–23; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2021–BT–STD–0035]
RIN 1904–AF46
Energy Conservation Program: Energy
Conservation Standards for Air
Cleaners
Direct final rule; confirmation of
effective and compliance dates.
ACTION:
The U.S. Department of
Energy (‘‘DOE’’) published a direct final
rule to establish new energy
conservation standards for air cleaners
in the Federal Register on April 11,
2023. DOE has determined that the
comments received in response to the
direct final rule do not provide a
reasonable basis for withdrawing the
direct final rule. Therefore, DOE
provides this document confirming
adoption of the energy conservation
standards established in the direct final
rule and announcing the effective date
of those standards.
SUMMARY:
The effective date of August 9,
2023, for the direct final rule published
April 11, 2023 (88 FR 21752) is
confirmed. Compliance with the new
standards established in the direct final
rule will be required on December 31,
2023.
DATES:
The docket for this
rulemaking, which includes Federal
Register notices, public meeting
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 information that is exempt from
public disclosure.
The docket web page can be found at
www.regulations.gov/docket/EERE2021-BT-STD-0035. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
ADDRESSES:
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Mr. Troy Watson, 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) 449–
9387. 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:
I. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to issue a
direct final rule establishing an energy
conservation standard for a product on
receipt of a statement submitted jointly
by interested persons that are fairly
representative of relevant points of view
(including representatives of
manufacturers of covered products,
States, and efficiency advocates), as
determined by the Secretary, that
contains recommendations with respect
to an energy or water conservation
standard that are in accordance with the
provisions of 42 U.S.C. 6295(o) or 42
U.S.C. 6316, as applicable. (42 U.S.C.
6295(p)(4))
The direct final rule must be
published simultaneously with a notice
of proposed rulemaking (‘‘NOPR’’) that
proposes an energy or water
conservation standard that is identical
to the standard established in the direct
final rule, and DOE must provide a
public comment period of at least 110
days on this proposal. (42 U.S.C.
6295(p)(4)(A)–(B)) Not later than 120
days after issuance of the direct final
rule, DOE shall withdraw the direct
final rule if (1) DOE receives one or
more adverse public comments relating
to the direct final rule or any alternative
joint recommendation; and (2) based on
the rulemaking record relating to the
direct final rule, DOE determines that
such adverse public comments or
alternative joint recommendation may
provide a reasonable basis for
withdrawing the direct final rule. (42
U.S.C. 6295(p)(4)(C)) If DOE makes such
a determination, DOE must proceed
with the NOPR published
simultaneously with the direct final rule
and publish in the Federal Register the
reasons why the direct final rule was
withdrawn. Id.
DOE determined that it did not
receive any adverse comments
providing a basis for withdrawal
described above for the direct final rule
that is the subject of this document—air
cleaners. As such, DOE did not
withdraw this direct final rule and
allowed it to become effective. Although
not required under EPCA, DOE
customarily publishes a summary of the
comments received during the 110-day
comment period and its responses to
those comments. This document
contains such a summary, as well as
DOE’s responses, for air cleaners.
II. Air Cleaners Direct Final Rule
Air cleaners are not currently subject
to Federal energy conservation
standards. On January 25, 2022, DOE
published a request for information
(‘‘January 2022 RFI’’), seeking comments
on potential test procedure and energy
conservation standards for air cleaners.
87 FR 3702. In the January 2022 RFI,
DOE requested information to aid in the
development of the technical and
economic analyses to support energy
conservation standards for air cleaners,
should they be warranted. Id.
In a final determination published on
July 15, 2022 (‘‘July 2022 Final
Determination’’), DOE determined that
coverage of air cleaners is necessary or
appropriate to carry out the purposes of
EPCA; the average U.S. household
energy use for air cleaners is likely to
exceed 100 kilowatt-hours per year
(‘‘kWh/yr’’); and thus, air cleaners
qualify as a ‘‘covered product’’ under
EPCA. 87 FR 42297.
On August 23, 2022, DOE received a
proposal jointly submitted by groups
representing manufacturers, energy and
environmental advocates, and consumer
groups, hereinafter referred to as ‘‘the
Joint Stakeholders.’’ 2 This proposal,
titled ‘‘Joint Statement of Joint
Stakeholder Proposal On Recommended
Energy Conservation Standards And
Test Procedure For Consumer Room Air
Cleaners’’ (hereafter, the ‘‘Joint
Proposal’’ 3), recommended specific
energy conservation standards for air
cleaners that, in the commenters’ view,
would satisfy the EPCA requirements in
42 U.S.C. 6295(o). The Joint Proposal
urged DOE to publish final rules
adopting the consumer room air cleaner
test procedure and standards and
compliance dates contained in the Joint
Proposal, as soon as possible, but not
later than December 31, 2022. (Joint
Stakeholders, No. 16 at p. 1) The Joint
Proposal also recommended that DOE
adopt industry standard AHAM AC–7–
2022 4 as the DOE test procedure. (Id. at
p. 6) In regard to energy conservation
standards, the Joint Proposal specified
two-tiered (i.e., Tier 1 and Tier 2)
standard levels, as shown in Table II.1,
for conventional room air cleaners with
proposed compliance dates of December
31, 2023, and December 31, 2025,
respectively. (Id. at p. 9).
TABLE II.1—TIER 1 AND TIER 2 STANDARDS PROPOSED BY THE JOINT STAKEHOLDERS IN THE JOINT PROPOSAL
Product description
IEF (PM2.5 CADR/W)
Tier 1 *
IEF (PM2.5 CADR/W)
Tier 2 **
1.69
1.89
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10 ≤ PM2.5 CADR < 100 ..................................................................................................................
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 The Joint Stakeholders include the Association
of Home Appliance Manufacturers (‘‘AHAM’’),
Appliance Standards Awareness Project (‘‘ASAP’’),
American Council for an Energy-Efficient Economy
(‘‘ACEEE’’), Consumer Federation of America
(‘‘CFA’’), Natural Resources Defense Council
(‘‘NRDC’’), the New York State Energy Research and
Development Authority (‘‘NYSERDA’’), and the
Pacific Gas and Electric Company (‘‘PG&E’’). AHAM
is representing the companies who manufacture
consumer room air cleaners and are members of the
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Portable Appliance Division (DOE has included
names of all manufacturers listed in the footnote on
page 1 of the Joint Proposal and the signatories
listed on pages 13–14): 3M Co.; Access Business
Group, LLC; ACCO Brands Corporation; Air King,
Air King Ventilation Products; Airgle Corporation;
Alticor, Inc.; Beijing Smartmi Electronic
Technology Co., Ltd.; BISSELL Inc.; Blueair Inc.;
BSH Home Appliances Corporation; De’Longhi
America, Inc.; Dyson Limited; Essick Air Products;
Fellowes Inc.; Field Controls; Foxconn Technology
Group; GE Appliances, a Haier company; Gree
Electric Appliances Inc.; Groupe SEB; Guardian
Technologies, LLC; Haier Smart Home Co., Ltd.;
Helen of Troy-Health & Home; iRobot; Lasko
Products, Inc.; Molekule Inc.; Newell Brands Inc.;
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Oransi LLC; Phillips Domestic Appliances NA
Corporation; SharkNinja Operating, LLC; Sharp
Electronics Corporation; Sharp Electronics of
Canada Ltd.; Sunbeam Products, Inc.; Trovac
Industries Ltd; Vornado Air LLC; Whirlpool
Corporation; Winix Inc.; and Zojirushi America
Corporation.
3 The Joint Proposal is available in the docket for
this rulemaking at www.regulations.gov/comment/
EERE-2021-BT-STD-0035-0016.
4 AHAM AC–7–2022 Energy Test Method for
Consumer Room Air Cleaners. Available for
purchase at: https://www.aham.org/
ItemDetail?iProductCode=37002&Category=
PADSTD&websiteKey=c0a5e5a1-ea1c-42f1-9b84d62256c16ea2.
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60107
TABLE II.1—TIER 1 AND TIER 2 STANDARDS PROPOSED BY THE JOINT STAKEHOLDERS IN THE JOINT PROPOSAL—
Continued
Product description
IEF (PM2.5 CADR/W)
Tier 1 *
IEF (PM2.5 CADR/W)
Tier 2 **
1.90
2.01
2.39
2.91
100 ≤ PM2.5 CADR < 150 ................................................................................................................
PM2.5 CADR ≥ 150 ..........................................................................................................................
* Tier 1 standards would have a compliance date of December 31, 2023.
** Tier 2 standards would have a compliance date of December 31, 2025.
After carefully considering the
consensus recommendations for
establishing energy conservation
standards for air cleaners submitted by
the Joint Stakeholders, DOE determined
that these recommendations were in
accordance with the statutory
requirements of 42 U.S.C. 6295(p)(4) for
the issuance of a direct final rule and
published a direct final rule on April 11,
2023 (‘‘April 2023 Direct Final Rule’’).
88 FR 21752, 21760. DOE also evaluated
whether the recommendation satisfies
42 U.S.C. 6295(o), as applicable, and
found that the Joint Proposal
recommended standard levels would
result in significant energy savings and
are technologically feasible and
economically justified. 88 FR 21752,
21753. Accordingly, the consensusrecommended efficiency levels for air
cleaners were adopted as the new
standard levels in the April 2023 Direct
Final Rule.5 88 FR 21752, 21807–21810.
These standards, which are expressed
as an integrated energy factor (‘‘IEF’’) in
terms of PM2.5 6 clean air delivery rate
per watt (‘‘PM2.5 CADR/W’’), based on
the product’s measured PM2.5 CADR.
These standards apply to all products
listed in Table II.2 and manufactured in,
or imported into, the United States
starting on December 31, 2023, for Tier
1 standards and on December 31, 2025,
for Tier 2 standards. The April 2023
Direct Final Rule provides a detailed
discussion of DOE’s analysis of the
benefits and burdens of the new
standards pursuant to the criteria set
forth in EPCA. 88 FR 21752.
TABLE II.2—ENERGY CONSERVATION STANDARDS FOR AIR CLEANERS
[Tier 1 compliance starting December 31, 2023; Tier 2 compliance starting December 31, 2025]
IEF (PM2.5 CADR/W) 7
Product class
Tier 1
December 31, 2023
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PC1: 10 ≤ PM2.5 CADR < 100 .........................................................................................................
PC2: 100 ≤ PM2.5 CADR < 150 .......................................................................................................
PC3: PM2.5 CADR ≥ 150 .................................................................................................................
As required by EPCA, DOE also
simultaneously published a NOPR
proposing the identical standard levels
contained in the April 2023 Direct Final
Rule. 88 FR 21512. DOE considered
whether any comment received during
the 110-day comment period following
the direct final rule was sufficiently
‘‘adverse’’ as to provide a reasonable
basis for withdrawal of the direct final
rule and continuation of this rulemaking
under the NOPR. When making a
determination whether to withdraw a
direct final rule, it is the substance,
rather than the quantity, of comments
that will ultimately determine whether
a direct final rule will be withdrawn. To
this end, DOE weighs the substance of
any adverse comment(s) received
against the anticipated benefits of the
consensus recommendations and the
likelihood that further consideration of
the comment(s) would change the
results of the rulemaking. DOE notes
that to the extent an adverse comment
had been previously raised and
addressed in the rulemaking
proceeding, such a submission will not
typically provide a basis for withdrawal
of a direct final rule.
5 The standard levels enacted by the April 2023
Direct Final Rule were rounded to the nearest tenth
decimal consistent with the sampling plan
requirements in 10 CFR 429.68. The rounding has
no functional impact on the standards as compared
to the levels proposed in the Joint Proposal.
6 Section 2.8 of the industry standard AHAM AC–
7–2022 defines PM2.5 as particulate matter with an
aerodynamic diameter less than or equal to a
nominal 2.5 micrometers as measured by a
reference method based on 40 CFR part 50 Annex
I and designated in accordance with 40 CFR part
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III. Comments on the Direct Final Rule
As discussed in section I of this
document, not later than 120 days after
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1.7
1.9
2.0
Tier 2
December 31, 2025
1.9
2.4
2.9
publication of a direct final rule, DOE
shall withdraw the direct final rule if (1)
DOE receives one or more adverse
public comments relating to the direct
final rule or any alternative joint
recommendation; and (2) based on the
rulemaking record relating to the direct
final rule, DOE determines that such
adverse public comments or alternative
joint recommendation may provide a
reasonable basis for withdrawing the
direct final rule. (42 U.S.C.
6295(p)(4)(C)(i))
DOE received comments in response
to the April 2023 Direct Final Rule from
the interested parties listed in Table
III.1.
53 or by an equivalent method designated in
accordance with 40 CFR part 53.
7 These values from the Joint Proposal are
rounded according to the sampling plan in 10 CFR
429.68. The rounding has no functional impact on
the standards as compared to the levels in the Joint
Proposal.
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TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE APRIL 2023 DIRECT FINAL RULE
Abbreviation
SENSIRON AG .....................................................
IQAir North America ..............................................
Slaughter ...............................................................
Association of Home Appliance Manufacturers ....
ACEEE, ASAP, AHAM, CFA, NRDC ....................
SENSIRON AG .............
IQAir ..............................
Slaughter .......................
AHAM ............................
Joint Stakeholders ........
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.8 The following sections
discuss the substantive comments DOE
received on the April 2023 Direct Final
Rule as well as DOE’s responses.
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Comment
number in
the docket
Commenter(s)
A. General Comments
In comments submitted in response to
the April 2023 Direct Final Rule, the
Joint Stakeholders and AHAM
expressed support for the standard
levels specified in the April 2023 Direct
Final Rule as well as the process used
to develop those standards. (Joint
Stakeholders, No. 31 at pp. 1–2; AHAM.
No. 30 at p. 1) The Joint Stakeholders
noted their appreciation for DOE’s swift
action in publishing the DFR and stated
their belief that the standards are
economically justified and
technologically feasible and will
achieve significant savings. (Joint
Stakeholders, No. 31 at pp. 1–2) DOE
appreciates the Joint Stakeholder’s
comments and agrees that the standards
are economically justified and
technologically feasible and will result
in significant energy savings.
The Joint Stakeholders urged DOE to
propose and finalize reporting criteria
for air cleaners, especially because
compliance with Tier 1 standards would
be required beginning December 31,
2023. The Joint Stakeholders stated that
manufacturers would need to know the
reporting criteria to begin completing
their compliance reporting efforts. (Joint
Stakeholders, No. 31 at p. 2) DOE
acknowledges that certification data will
be required for air cleaners; however,
DOE did not adopt certification or
reporting requirements for air cleaners
in the April 2023 Direct Final Rule.
Instead, DOE may consider proposals to
establish certification requirements and
reporting for air cleaners under a
8 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop energy conservation
standards for air cleaners. (Docket No. EERE–2021–
BT–STD–0035, which is maintained at
www.regulations.gov). The references are arranged
as follows: (commenter name, comment docket ID
number, page of that document).
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27
28
29
30
31
separate rulemaking regarding
certification for covered products and
equipment.
B. Vacuum Cleaners With Air Cleaning
Functionality
AHAM commented that vacuum
cleaners with a secondary air cleaning
function should not be included in the
scope of the air cleaners standards or
test procedure at 10 CFR part 430,
subpart B, appendix FF (‘‘appendix
FF’’). AHAM noted that there are
currently vacuum cleaners available on
the market that clean the air as a
secondary function simultaneously with
the primary vacuuming function.
(AHAM, No. 30 at pp. 1–2) AHAM
commented that the air filter function
for these products is not an independent
function of the vacuum cleaner and that
the product is not intended to be
plugged in on an ongoing basis. For
these reasons, AHAM commented that it
understands that vacuum cleaners that
also clean the air, while vacuuming are
not under the scope of this rule or
appendix FF. (AHAM, No. 30 at p. 2)
AHAM commented that such vacuum
cleaners would not meet the proposed
standards, and asserted that the Joint
Stakeholders had not considered such
products in the scope when developing
the standards that they presented to
DOE in the Joint Proposal. AHAM also
noted that it had examined these
products as part of the AHAM AC–7–
2022 task force and these products
would not be in the scope of the AHAM
AC–7–2022 standard. (Id.) AHAM
suggested that DOE clarify that these
products are not in the scope of the air
cleaner standards via a guidance
document. AHAM additionally stated
that if these vacuum cleaners are
included under the scope, then DOE
could amend section 2.2.2 of appendix
FF to indicate that if a product has air
cleaning as a secondary function and
one of the secondary listed functions is
a primary function as defined by the
product safety certification listing, then
the test method would not apply to such
products. (Id.)
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Commenter type
Component Manufacturer.
Manufacturer.
Individual.
Trade Association.
Individual Efficiency Organizations, Consumer
Organization, and Trade Association.
Air cleaners are defined as a product
for improving indoor air quality, other
than a central air conditioner, room air
conditioner, portable air conditioner,
dehumidifier, and furnace, that is an
electrically-powered, self-contained,
mechanically encased assembly that
contains means to remove, destroy, or
deactivate particulates, VOC [volatile
organic compounds], and/or
microorganisms from the air. It excludes
products that operate solely by means of
ultraviolet light without a far for air
circulation. 10 CFR 430.2. In the July
2022 Final Determination, DOE noted
that the reason for explicitly stating that
‘‘air cleaners are a product for
improving indoor air quality’’ was to
clarify that the term ‘‘air cleaners’’ does
not include products that may provide
some air cleaning as an ancillary
function (e.g., a vacuum cleaner). 87 FR
42297, 42302. Accordingly, vacuum
cleaners that provide air cleaning as an
ancillary function do not meet the
definition of an air cleaner.
C. Air Cleaners With Gas Filtration
IQAir North America, Inc. together
with Swiss affiliate IQAir AG
(collectively ‘‘IQAir’’), commented that
the standards established in the April
2023 Direct Final Rule would have a
permanent negative effect on some of its
products and would eliminate an entire
class of air purification products.
(IQAir, No. 28 at pp. 1, 5) IQAir
commented that it makes products for
gaseous and odor filtration, including
filtration of VOCs. (Id. at pp. 1–2) IQAir
asserted that gas-phase filtration
inherently requires greater energy than
simple particulate/HEPA 9 filtration,
and that due to the increased energy
usage of gas-phase filtration, these
products will not meet the IEF levels
specified in the direct final rule and
therefore will no longer be able to be
9 High efficiency particulate air (‘‘HEPA’’) filter is
a pleated mechanical air filter that includes a
porous filtration medium typically composed of
randomly arranged polypropylene or fiberglass
fibers. As air passes through the porous media,
particulates in the air become trapped on the filter
surface, allowing clean air to be discharged by the
air cleaner.
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sold in the United States. (Id. at pp. 2–
3) IQAir stated that its gas-phase air
cleaners have played a vital role for
specific segments of the population,
such as those effected by natural gas
exposure, which contains toxic VOCs
and odorous gases. (Id. at p. 4) IQAir
stated that gas-phase air cleaners are
critical to its product lineup and being
unable to sell them in the United States
would be devastating to its business
operations there. (Id. at p. 5)
IQAir stated that one of the most
effective ways to filter gases and odors
is with granular sorbent media such as
activated charcoal, and chemisorbant
pellets. IQAir noted that its gasfiltration-based products include a
proprietary blend of activated carbon
and alumina, impregnated with
potassium permanganate. (Id. at p. 2)
IQAir noted that of the three of its
products that offer this functionality,
the top gas-filtration model is GCX,
which includes cartridge-based granular
filters containing over 20 pounds of
media. IQAir noted that all three of
these products meet the definition of an
air cleaner as specified in the April 2023
Direct Final Rule, would be subject to
the standards established in that direct
final rule, and would be tested in the
same way as air cleaners that do not
offer gas-phase filtration. (Id.)
In explaining how gas-phase filtration
inherently requires greater energy than
simple particulate/HEPA filtration,
IQAir stated that pushing air through
the pre-filter and varying types and
amounts of granular media requires
electric motors of a certain power level.
IQAir commented that its models have
already achieved the best possible
energy efficiency at given levels of gasphase reductions, capacity, and price.
IQAir stated that the gas-phase filtration
technology contained in its products
performs a valuable, sought-after
function, and that standard particulate/
HEPA systems are physically incapable
of performing this same function. IQAir
also stated that there is no feasible
combination of currently available
components or technology that could
allow their air cleaners to meet the
standards established in the April 2023
Direct Final Rule without going into a
price range that is far out of reach of its
customers. IQAir requested that DOE
consider the importance of the entire
class of gas-phase products that it
believes will be effectively banned by
the standards established in the April
2023 Direct Final Rule. (Id. at p. 5)
IQAir also asserted that the large
capacity of its air cleaners enables more
contaminates to be absorbed over a
longer period of time before needing
filter replacements. (Id. at p. 4)
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DOE has conducted an extensive
review of products that provide gaseous
and odor filtration through the use of
carbon filter media, including those
models referenced in IQAir’s comments.
Based on this review, DOE has
concluded that it is technologically
feasible to implement design options to
achieve higher levels of efficiency in air
cleaners that employ the key design
characteristics observed in those models
referenced in IQAir’s comments.
Specifically, DOE observed that the
HEPA-type filter included in IQAir’s
products is up to 6 inches thick and that
the units have an inlet/outlet air flow
design that restricts airflow by drawing
in air over a smaller surface area
(compared to the size of the unit) at the
base of the model and only allows air
to exit over a small surface area at the
topmost section of the cabinet. Further,
DOE observed that IQAir’s products use
a permanent split capacitor (‘‘PSC’’) fan
motor, rather than more efficient
brushless direct current (‘‘BLDC’’) fan
motors that are used in other products.
In chapter 5 of the technical support
document (‘‘TSD’’) that accompanied
the April 2023 Direct Final Rule (‘‘2023
Direct Final Rule TSD’’), DOE noted that
at efficiency level 1 (‘‘EL 1’’), which
corresponds to the Tier 1 standards
established in the April 2023 Direct
Final Rule, efficiency improvements are
achievable through optimizing the
motor-filter relationship, typically by
reducing the restriction of airflow (and
therefore, the pressure drop across the
filter) by increasing the filter surface
area, reducing filter thickness, and/or
increasing air inlet/outlet size.10 These
design options improve airflow across
the unit, enabling the use of a smaller
motor and thereby reducing power
consumption. Based on a detailed
examination of air cleaner models from
IQAir, DOE notes that IQAir could
implement these design options by
altering their case design to
accommodate a thinner HEPA filter,
while increasing the size of the air inlet
at the base of the device. These changes
would allow for a reduction in the size
of the motor, while maintaining a
similar airflow, which would decrease
the power consumption of the unit. The
case design could also be improved by
expanding the size of the air outlet at
the top of the device, which would
further improve airflow. Additionally,
IQAir could change to the more efficient
BLDC motor.
10 See section 5.5.3 of the 2023 Direct Final Rule
TSD for more information on technology options for
improving efficiency. Available online at
www.regulations.gov/document/EERE-2021-BTSTD-0035-0024.
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IQAir expressed concern that the
standards established in the April 2023
Direct Final Rule would eliminate an
entire class of air cleaner products from
the market. (See IQAir, No. 28 at p. 5)
As discussed previously, DOE has
reviewed the products using gasfiltration technology and determined
that there are technology options
available that would allow their
products to meet the standards in the
April 2023 Direct Final Rule. Given that
there are technology options available
for these products, DOE does not believe
that this standard would cause the
unavailability of air cleaner products
with performance characteristics,
features, sizes, capacities, or volumes
that are substantially the same as those
of the market at the time of the
Secretary’s findings. 42 U.S.C.
6295(o)(4).
Regarding cost, DOE’s engineering
analysis for the April 2023 Direct Final
Rule considered the cost impacts of
implementing the analyzed design
options into air cleaners. See section
5.5.3 of the April 2023 Direct Final Rule
TSD. DOE notes that EPCA does not
require it to choose the standard level
with the least consumer cost, or the
least cost to manufacturers, but only to
assess those, among other, costs and
benefits (using the 7 factors articulated
at 42 U.S.C. 6295(o)) and determine
whether the burdens outweigh the
benefits. Additionally, as discussed
above, DOE has not found that this
standard would result in the
unavailability in air cleaners of
performance characteristics, features,
size, capacities, and volumes that are
substantially the same as those on the
market at the time of this finding. (See
42 U.S.C. 6295(o)(4)) In this case, the
recommended standards met that
standard, and DOE’s analysis and
conclusions would not change based on
the comments received. Thus, DOE does
not consider these comments to provide
a basis to justify a withdrawal of this
direct final rule under EPCA.
IQAir asserted that gas-phase air
cleaners are unfairly measured by the
DOE test procedure, and that their
unique benefit is unrecognized. (Id. at p.
5) IQAir stated that the standards
established in the April 2023 Direct
Final Rule encompass a broad range of
devices including gas-phase air
cleaners, but that they are based on a
measure of only particulate
performance. (Id.) IQAir noted that the
standards are based on the measurement
of CADR, which describes the initial
cleaning performance of a filter and is
expressed with respect to specific types
of pollutants (i.e., PM2.5 CADR, pollen
CADR, etc.). (Id. at p. 3) IQAir noted
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that while it is possible to determine
CADR for gas-phase pollutants, it would
still only measure initial air cleaning
performance and would not account for
degradation of performance over time.
IQAir noted this is particularly relevant
to gas-phase filtration, which relies on
the capacity of granular media in order
to maintain effective filtration, and
without sufficient capacity, a granular
filter might produce good initial gasphase CADR and then degrade to little
or no filtration. Therefore, IQAir stated,
accurate measurement of gas-phase
filtration must include capacity. (Id.)
IQAir stated that the most advanced
standardized testing protocol for
consumer gas-phase filtration is China’s
GB/T 18801–2022, titled Air Cleaner,
which measures both initial CADR and
the amount of pollutant removed from
the air until CADR drops to 50 percent
of the initial value. IQAir stated that this
methodology effectively measures the
capacity of granular filters, enabling
regulators and consumers to ensure that
manufacturers do not game the system
by achieving high CADR or high energy
efficiency with unacceptable filter life.
(Id.) IQAir suggested DOE include
means of measuring gas-phase
performance and capacity, and add a
proportionate allowance in the
calculation of IEF, which would
recognize the value of gas-phase
filtration and the practicality of
implementing this technology without
reducing the effectiveness of the air
cleaner standards on non-gas-phase air
cleaners. (Id. at p. 6)
The Joint Stakeholders commented
that it reviewed comments on the
docket and observed a comment that
suggested that certain products may
have difficulty meeting the standards
because the test procedure does not
accurately measure the efficiency of the
product. The Joint Stakeholders
suggested test procedure waivers as a
viable pathway for such products. (Joint
Stakeholders, No. 31 at p. 2)
As these comments pertain to the test
procedure and not the establishment of
standards, DOE does not consider these
comments to provide a basis to justify
a withdrawal of this direct final rule
under EPCA. DOE finalized its test
procedure for Air Cleaners on March 06,
2023, noting that the air cleaner test
procedure at appendix FF measures the
PM2.5 CADR and power consumption of
air cleaners using an established
industry standard, AHAM AC–7–2022.
88 FR 14014. DOE will consider any
comments pertaining to test procedures,
including comments suggesting
additional tests for evaluating gasfiltration of air cleaners, in a future air
cleaner test procedure rulemaking. In
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response to the comments from Joint
Stakeholders, DOE notes that any
interested person may submit a petition
for test procedure waiver upon the
grounds that the basic model contains
one or more design characteristics
which either prevent testing of the basic
model according to the prescribed test
procedures or cause the prescribed test
procedures to evaluate the basic model
in a manner so unrepresentative of its
true energy and/or water consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1)).
D. Automatic Mode
SENSIRON AG commented that there
is significant potential for energy
savings by using air quality sensors for
controlling the level of operation of the
air cleaner, depending on the level of
pollution in the indoor space where the
device is used. SENSIRON AG
requested that DOE consider the
adoption of air quality sensors for
operation control. SENSIRON AG also
commented that to ensure sensors of
appropriate quality are used, DOE
should utilize sensor performance
requirements as defined in existing
healthy building standards (such as
WELL 11 and RESET 12). (SENSIRON
AG, No. 27 at p. 1)
DOE addressed public comments
received regarding the use of automatic
mode in the air cleaner test procedure
final rule published March 6, 2023
(‘‘March 2023 TP Final Rule’’). 88 FR
14014, 14032. DOE noted in the March
2023 TP Final Rule that industryaccepted test methods for other modes,
such as automatic mode or low speed
mode, do not currently exist. Id. at 88
FR 14032. As discussed in section
5.5.1.7 of the 2023 Direct Final Rule
TSD, operation of air cleaners in
automatic mode is not currently tested
and, therefore, DOE determined that air
quality sensors to improve automatic
mode efficiency would not impact the
efficiency levels analyzed for the direct
final rule.
While SENSIRON AG included
recommended standards, DOE notes
that these standards are applicable to
the sensors that monitor air quality, not
to the air cleaner itself. As this comment
pertains to the test procedure and not
the establishment of standards, DOE
does not consider this comment to
provide a basis to justify a withdrawal
of this direct final rule under EPCA.
DOE is participating in the AHAM task
force that is currently developing a test
method for testing air cleaners with
11 www.wellcertified.com/.
12 www.reset.build/.
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automatic mode. As stated previously,
DOE would consider any updates to the
test procedure in a future test procedure
rulemaking.
IV. Impact of Any Lessening of
Competition
EPCA directs DOE to consider any
lessening of competition that is likely to
result from new or amended standards.
(42 U.S.C. 6295 (p)(4)(A)(i) and (C)(i)(II);
42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the
United States (‘‘Attorney General’’) to
determine the impact, if any, of any
lessening of competition likely to result
from a proposed standard and to
transmit such determination to the
Secretary within 60 days of the
publication of a proposed rule, together
with an analysis of the nature and
extent of the impact. (42 U.S.C.
6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this
determination, DOE provided the
Department of Justice (‘‘DOJ’’) with
copies of the April 2023 Direct Final
Rule, the corresponding NOPR, and the
2023 Direct Final Rule TSD for review.
DOE has published DOJ’s comments at
the end of this document.
In its letter responding to DOE, DOJ
concluded that based on its review, it
does not have an evidentiary basis to
conclude that the proposed energy
conservation standards for air cleaners
are likely to substantially lessen
competition. Although the rule may
limit consumers’ ability to purchase
non-compliant products, DOJ stated that
those impacts appear to result from the
rule, itself. DOJ also stated that it is not
aware of likely impacts on competition
or the competitive process for air
cleaners that will continue to be offered.
DOJ acknowledged comments
expressing concerns regarding whether
the proposed standard is appropriate for
certain products that may have
functionality beyond air cleaning (e.g.,
vacuums) or provide air cleaning
functionality that requires additional
energy consumption (e.g., gas phase air
cleaners). DOJ stated its understanding
that DOE has discretion to grant waivers
from a test procedure in certain
circumstances (10 CFR 430.27(f)(2)).
DOJ took no positions on these
comments and concerns, but
encouraged DOE, should it grant
waivers in other product segments, to
do so in a manner that preserves
competition.
In response to the April 2023 Direct
Final Rule, an individual commented
that the April 2023 Direct Final Rule
would not allow a free market.
(Slaughter, No. 29 at p. 1)
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DOE considered any lessening of
competition that would be likely to
result from new or amended standards.
Based on the DOJ review, DOE has
determined it does not have an
evidentiary basis to conclude that the
April 2023 Direct Final Rule energy
conservation standards for air cleaners
are likely to substantially lessen
competition.
V. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act of 1969
(‘‘NEPA’’), DOE had analyzed the direct
final rule in accordance with NEPA and
DOE’s NEPA implementing regulations
(10 CFR part 1021). DOE determined
that the rule qualifies for categorical
exclusion under 10 CFR part 1021,
subpart D, appendix B5.1 because it is
a rulemaking that establishes energy
conservation standards for consumer
products or industrial equipment, none
of the exceptions identified in B5.1(b)
apply, no extraordinary circumstances
exist that require further environmental
analysis, and it meets the requirements
for application of a categorical
exclusion. See 10 CFR 1021.410.
Therefore, DOE determined that
promulgation of the direct final rule is
not a major Federal action significantly
affecting the quality of the human
environment within the meaning of
NEPA, and does not require an
environmental assessment or an
environmental impact statement.
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VI. Conclusion
In summary, based on the previous
discussion, DOE has determined that
the comments received in response to
the direct final rule for new energy
conservation standards for air cleaners
do not provide a reasonable basis for
withdrawal of the direct final rule. As
a result, the energy conservation
standards set forth in the direct final
rule became effective on August 9, 2023.
Compliance with these standards is
required on and after December 31,
2023.
Signing Authority
This document of the Department of
Energy was signed on August 28, 2023,
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
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16:30 Aug 30, 2023
Jkt 259001
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 August 28,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
Appendix
August 9, 2023
Ami Grace-Tardy
Assistant General Counsel for
Legislation, Regulation and Energy Efficiency
U.S. Department of Energy
Washington, DC 20585
Ami.Grace-Tardy@hq.doe.gov
Re: Energy Conservation Standards for Air
Cleaners, DOE Docket No. EERE–2021–BT–
STD–0035
Dear Assistant General Counsel Grace-Tardy:
I am responding to your June 16, 2023
letter seeking the views of the Attorney
General about the potential impact on
competition of proposed energy conservation
standards for air cleaners.
Your request was submitted under Section
325(o)(2)(B)(i)(V) of the Energy Policy and
Conservation Act, as amended (EPCA), 42
U.S.C. 6295(o)(2)(B)(i)(V), which requires the
Attorney General to determine the impact of
any lessening of competition likely to result
from proposed energy conservation
standards. The Attorney General’s
responsibility for responding to requests from
other departments about the effect of a
program on competition has been delegated
to the Assistant Attorney General for the
Antitrust Division in 28 CFR 0.40(g). The
Assistant Attorney General for the Antitrust
Division has authorized me, as the Policy
Director for the Antitrust Division, to provide
the Antitrust Division’s views regarding the
potential impact on competition of proposed
energy conservation standards on his behalf.
In conducting its analysis, the Antitrust
Division examines whether a proposed
standard may lessen competition, for
example, by substantially limiting consumer
choice, by placing certain manufacturers at
an unjustified competitive disadvantage, or
by inducing avoidable inefficiencies in
production or distribution of particular
products. A lessening of competition could
result in higher prices to manufacturers and
consumers.
We have reviewed the proposed standard
contained in the direct final rule (88 FR
21752, April 11, 2023), the companion notice
of proposed rulemaking (88 FR 21512, April
11, 2023), and the related technical support
document. We have also reviewed public
comments and information provided by
industry participants. No Public Meeting was
held in relation to this direct final rule.
Based on this review, we do not have an
evidentiary basis to conclude that the
proposed energy conservation standards for
air cleaners are likely to substantially lessen
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60111
competition. Although the rule may limit
consumers’ ability to purchase noncompliant products, those impacts appear to
result from the rule, itself. We are not aware
of likely impacts on competition or the
competitive process for air cleaners that will
continue to be offered.
We are aware of comments expressing
concerns regarding whether the proposed
standard is appropriate for certain products
that may have functionality beyond air
cleaning (e.g., vacuums) or provide air
cleaning functionality that requires
additional energy consumption (e.g., gas
phase air cleaners). We understand that the
Department of Energy (DOE) has discretion to
grant waivers from a test procedure in certain
circumstances (10 CFR 430.27(f)(2)). We take
no positions on these comments and
concerns, but encourage DOE should it grant
waivers in other product segments to do so
in a manner that preserves competition.
We ask that the DOE take these concerns
into account in determining its final energy
conservation standards for air cleaners.
Sincerely,
David G.B. Lawrence,
Policy Director.
[FR Doc. 2023–18860 Filed 8–30–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1814; Project
Identifier AD–2023–00773–T; Amendment
39–22541; AD 2023–17–14]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2022–18–
11, which applied to all The Boeing
Company Model 777 airplanes. AD
2022–18–11 required repetitive
inspections for cracking of the left- and
right-side ring chords, repair angles,
front spar lower chords, and front spar
webs (depending on configuration)
common to a certain underwing
longeron; modification of the front spar
lower chord for some airplanes;
repetitive post-modification inspections;
and applicable on-condition actions.
This AD was prompted by a report of a
crack found in a front spar lower chord,
and the determination that errors in the
service information mandated by AD
2022–18–11 introduced a new unsafe
condition related to the application of
SUMMARY:
E:\FR\FM\31AUR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60105-60111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18860]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2021-BT-STD-0035]
RIN 1904-AF46
Energy Conservation Program: Energy Conservation Standards for
Air Cleaners
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of effective and compliance
dates.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') published a direct
final rule to establish new energy conservation standards for air
cleaners in the Federal Register on April 11, 2023. DOE has determined
that the comments received in response to the direct final rule do not
provide a reasonable basis for withdrawing the direct final rule.
Therefore, DOE provides this document confirming adoption of the energy
conservation standards established in the direct final rule and
announcing the effective date of those standards.
DATES: The effective date of August 9, 2023, for the direct final rule
published April 11, 2023 (88 FR 21752) is confirmed. Compliance with
the new standards established in the direct final rule will be required
on December 31, 2023.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting 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 information that is exempt
from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-STD-0035. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
[[Page 60106]]
FOR FURTHER INFORMATION CONTACT:
Mr. Troy Watson, 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) 449-9387. 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:
I. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to issue a direct final rule
establishing an energy conservation standard for a product on receipt
of a statement submitted jointly by interested persons that are fairly
representative of relevant points of view (including representatives of
manufacturers of covered products, States, and efficiency advocates),
as determined by the Secretary, that contains recommendations with
respect to an energy or water conservation standard that are in
accordance with the provisions of 42 U.S.C. 6295(o) or 42 U.S.C. 6316,
as applicable. (42 U.S.C. 6295(p)(4))
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
The direct final rule must be published simultaneously with a
notice of proposed rulemaking (``NOPR'') that proposes an energy or
water conservation standard that is identical to the standard
established in the direct final rule, and DOE must provide a public
comment period of at least 110 days on this proposal. (42 U.S.C.
6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct
final rule, DOE shall withdraw the direct final rule if (1) DOE
receives one or more adverse public comments relating to the direct
final rule or any alternative joint recommendation; and (2) based on
the rulemaking record relating to the direct final rule, DOE determines
that such adverse public comments or alternative joint recommendation
may provide a reasonable basis for withdrawing the direct final rule.
(42 U.S.C. 6295(p)(4)(C)) If DOE makes such a determination, DOE must
proceed with the NOPR published simultaneously with the direct final
rule and publish in the Federal Register the reasons why the direct
final rule was withdrawn. Id.
DOE determined that it did not receive any adverse comments
providing a basis for withdrawal described above for the direct final
rule that is the subject of this document--air cleaners. As such, DOE
did not withdraw this direct final rule and allowed it to become
effective. Although not required under EPCA, DOE customarily publishes
a summary of the comments received during the 110-day comment period
and its responses to those comments. This document contains such a
summary, as well as DOE's responses, for air cleaners.
II. Air Cleaners Direct Final Rule
Air cleaners are not currently subject to Federal energy
conservation standards. On January 25, 2022, DOE published a request
for information (``January 2022 RFI''), seeking comments on potential
test procedure and energy conservation standards for air cleaners. 87
FR 3702. In the January 2022 RFI, DOE requested information to aid in
the development of the technical and economic analyses to support
energy conservation standards for air cleaners, should they be
warranted. Id.
In a final determination published on July 15, 2022 (``July 2022
Final Determination''), DOE determined that coverage of air cleaners is
necessary or appropriate to carry out the purposes of EPCA; the average
U.S. household energy use for air cleaners is likely to exceed 100
kilowatt-hours per year (``kWh/yr''); and thus, air cleaners qualify as
a ``covered product'' under EPCA. 87 FR 42297.
On August 23, 2022, DOE received a proposal jointly submitted by
groups representing manufacturers, energy and environmental advocates,
and consumer groups, hereinafter referred to as ``the Joint
Stakeholders.'' \2\ This proposal, titled ``Joint Statement of Joint
Stakeholder Proposal On Recommended Energy Conservation Standards And
Test Procedure For Consumer Room Air Cleaners'' (hereafter, the ``Joint
Proposal'' \3\), recommended specific energy conservation standards for
air cleaners that, in the commenters' view, would satisfy the EPCA
requirements in 42 U.S.C. 6295(o). The Joint Proposal urged DOE to
publish final rules adopting the consumer room air cleaner test
procedure and standards and compliance dates contained in the Joint
Proposal, as soon as possible, but not later than December 31, 2022.
(Joint Stakeholders, No. 16 at p. 1) The Joint Proposal also
recommended that DOE adopt industry standard AHAM AC-7-2022 \4\ as the
DOE test procedure. (Id. at p. 6) In regard to energy conservation
standards, the Joint Proposal specified two-tiered (i.e., Tier 1 and
Tier 2) standard levels, as shown in Table II.1, for conventional room
air cleaners with proposed compliance dates of December 31, 2023, and
December 31, 2025, respectively. (Id. at p. 9).
---------------------------------------------------------------------------
\2\ The Joint Stakeholders include the Association of Home
Appliance Manufacturers (``AHAM''), Appliance Standards Awareness
Project (``ASAP''), American Council for an Energy-Efficient Economy
(``ACEEE''), Consumer Federation of America (``CFA''), Natural
Resources Defense Council (``NRDC''), the New York State Energy
Research and Development Authority (``NYSERDA''), and the Pacific
Gas and Electric Company (``PG&E''). AHAM is representing the
companies who manufacture consumer room air cleaners and are members
of the Portable Appliance Division (DOE has included names of all
manufacturers listed in the footnote on page 1 of the Joint Proposal
and the signatories listed on pages 13-14): 3M Co.; Access Business
Group, LLC; ACCO Brands Corporation; Air King, Air King Ventilation
Products; Airgle Corporation; Alticor, Inc.; Beijing Smartmi
Electronic Technology Co., Ltd.; BISSELL Inc.; Blueair Inc.; BSH
Home Appliances Corporation; De'Longhi America, Inc.; Dyson Limited;
Essick Air Products; Fellowes Inc.; Field Controls; Foxconn
Technology Group; GE Appliances, a Haier company; Gree Electric
Appliances Inc.; Groupe SEB; Guardian Technologies, LLC; Haier Smart
Home Co., Ltd.; Helen of Troy-Health & Home; iRobot; Lasko Products,
Inc.; Molekule Inc.; Newell Brands Inc.; Oransi LLC; Phillips
Domestic Appliances NA Corporation; SharkNinja Operating, LLC; Sharp
Electronics Corporation; Sharp Electronics of Canada Ltd.; Sunbeam
Products, Inc.; Trovac Industries Ltd; Vornado Air LLC; Whirlpool
Corporation; Winix Inc.; and Zojirushi America Corporation.
\3\ The Joint Proposal is available in the docket for this
rulemaking at www.regulations.gov/comment/EERE-2021-BT-STD-0035-0016.
\4\ AHAM AC-7-2022 Energy Test Method for Consumer Room Air
Cleaners. Available for purchase at: https://www.aham.org/ItemDetail?iProductCode=37002&Category=PADSTD&websiteKey=c0a5e5a1-ea1c-42f1-9b84-d62256c16ea2.
Table II.1--Tier 1 and Tier 2 Standards Proposed by the Joint
Stakeholders in the Joint Proposal
------------------------------------------------------------------------
IEF (PM2.5 CADR/W) IEF (PM2.5 CADR/W)
Product description Tier 1 * Tier 2 **
------------------------------------------------------------------------
10 <= PM2.5 CADR < 100...... 1.69 1.89
[[Page 60107]]
100 <= PM2.5 CADR < 150..... 1.90 2.39
PM2.5 CADR >= 150........... 2.01 2.91
------------------------------------------------------------------------
* Tier 1 standards would have a compliance date of December 31, 2023.
** Tier 2 standards would have a compliance date of December 31, 2025.
After carefully considering the consensus recommendations for
establishing energy conservation standards for air cleaners submitted
by the Joint Stakeholders, DOE determined that these recommendations
were in accordance with the statutory requirements of 42 U.S.C.
6295(p)(4) for the issuance of a direct final rule and published a
direct final rule on April 11, 2023 (``April 2023 Direct Final Rule'').
88 FR 21752, 21760. DOE also evaluated whether the recommendation
satisfies 42 U.S.C. 6295(o), as applicable, and found that the Joint
Proposal recommended standard levels would result in significant energy
savings and are technologically feasible and economically justified. 88
FR 21752, 21753. Accordingly, the consensus-recommended efficiency
levels for air cleaners were adopted as the new standard levels in the
April 2023 Direct Final Rule.\5\ 88 FR 21752, 21807-21810.
---------------------------------------------------------------------------
\5\ The standard levels enacted by the April 2023 Direct Final
Rule were rounded to the nearest tenth decimal consistent with the
sampling plan requirements in 10 CFR 429.68. The rounding has no
functional impact on the standards as compared to the levels
proposed in the Joint Proposal.
---------------------------------------------------------------------------
These standards, which are expressed as an integrated energy factor
(``IEF'') in terms of PM2.5 \6\ clean air delivery rate per
watt (``PM2.5 CADR/W''), based on the product's measured
PM2.5 CADR. These standards apply to all products listed in
Table II.2 and manufactured in, or imported into, the United States
starting on December 31, 2023, for Tier 1 standards and on December 31,
2025, for Tier 2 standards. The April 2023 Direct Final Rule provides a
detailed discussion of DOE's analysis of the benefits and burdens of
the new standards pursuant to the criteria set forth in EPCA. 88 FR
21752.
---------------------------------------------------------------------------
\6\ Section 2.8 of the industry standard AHAM AC-7-2022 defines
PM2.5 as particulate matter with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers as measured by a
reference method based on 40 CFR part 50 Annex I and designated in
accordance with 40 CFR part 53 or by an equivalent method designated
in accordance with 40 CFR part 53.
Table II.2--Energy Conservation Standards for Air Cleaners
[Tier 1 compliance starting December 31, 2023; Tier 2 compliance
starting December 31, 2025]
------------------------------------------------------------------------
IEF (PM2.5 CADR/W) \7\
-------------------------------------------
Product class Tier 1 December 31, Tier 2 December 31,
2023 2025
------------------------------------------------------------------------
PC1: 10 <= PM2.5 CADR < 100. 1.7 1.9
PC2: 100 <= PM2.5 CADR < 150 1.9 2.4
PC3: PM2.5 CADR >= 150...... 2.0 2.9
------------------------------------------------------------------------
As required by EPCA, DOE also simultaneously published a NOPR
proposing the identical standard levels contained in the April 2023
Direct Final Rule. 88 FR 21512. DOE considered whether any comment
received during the 110-day comment period following the direct final
rule was sufficiently ``adverse'' as to provide a reasonable basis for
withdrawal of the direct final rule and continuation of this rulemaking
under the NOPR. When making a determination whether to withdraw a
direct final rule, it is the substance, rather than the quantity, of
comments that will ultimately determine whether a direct final rule
will be withdrawn. To this end, DOE weighs the substance of any adverse
comment(s) received against the anticipated benefits of the consensus
recommendations and the likelihood that further consideration of the
comment(s) would change the results of the rulemaking. DOE notes that
to the extent an adverse comment had been previously raised and
addressed in the rulemaking proceeding, such a submission will not
typically provide a basis for withdrawal of a direct final rule.
---------------------------------------------------------------------------
\7\ These values from the Joint Proposal are rounded according
to the sampling plan in 10 CFR 429.68. The rounding has no
functional impact on the standards as compared to the levels in the
Joint Proposal.
---------------------------------------------------------------------------
III. Comments on the Direct Final Rule
As discussed in section I of this document, not later than 120 days
after publication of a direct final rule, DOE shall withdraw the direct
final rule if (1) DOE receives one or more adverse public comments
relating to the direct final rule or any alternative joint
recommendation; and (2) based on the rulemaking record relating to the
direct final rule, DOE determines that such adverse public comments or
alternative joint recommendation may provide a reasonable basis for
withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)(i))
DOE received comments in response to the April 2023 Direct Final
Rule from the interested parties listed in Table III.1.
[[Page 60108]]
Table III.1--List of Commenters With Written Submissions in Response to the April 2023 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Comment
Commenter(s) Abbreviation number in the Commenter type
docket
----------------------------------------------------------------------------------------------------------------
SENSIRON AG........................... SENSIRON AG.............. 27 Component Manufacturer.
IQAir North America................... IQAir.................... 28 Manufacturer.
Slaughter............................. Slaughter................ 29 Individual.
Association of Home Appliance AHAM..................... 30 Trade Association.
Manufacturers.
ACEEE, ASAP, AHAM, CFA, NRDC.......... Joint Stakeholders....... 31 Individual Efficiency
Organizations, Consumer
Organization, and Trade
Association.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\8\
The following sections discuss the substantive comments DOE received on
the April 2023 Direct Final Rule as well as DOE's responses.
---------------------------------------------------------------------------
\8\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
energy conservation standards for air cleaners. (Docket No. EERE-
2021-BT-STD-0035, which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter name, comment docket
ID number, page of that document).
---------------------------------------------------------------------------
A. General Comments
In comments submitted in response to the April 2023 Direct Final
Rule, the Joint Stakeholders and AHAM expressed support for the
standard levels specified in the April 2023 Direct Final Rule as well
as the process used to develop those standards. (Joint Stakeholders,
No. 31 at pp. 1-2; AHAM. No. 30 at p. 1) The Joint Stakeholders noted
their appreciation for DOE's swift action in publishing the DFR and
stated their belief that the standards are economically justified and
technologically feasible and will achieve significant savings. (Joint
Stakeholders, No. 31 at pp. 1-2) DOE appreciates the Joint
Stakeholder's comments and agrees that the standards are economically
justified and technologically feasible and will result in significant
energy savings.
The Joint Stakeholders urged DOE to propose and finalize reporting
criteria for air cleaners, especially because compliance with Tier 1
standards would be required beginning December 31, 2023. The Joint
Stakeholders stated that manufacturers would need to know the reporting
criteria to begin completing their compliance reporting efforts. (Joint
Stakeholders, No. 31 at p. 2) DOE acknowledges that certification data
will be required for air cleaners; however, DOE did not adopt
certification or reporting requirements for air cleaners in the April
2023 Direct Final Rule. Instead, DOE may consider proposals to
establish certification requirements and reporting for air cleaners
under a separate rulemaking regarding certification for covered
products and equipment.
B. Vacuum Cleaners With Air Cleaning Functionality
AHAM commented that vacuum cleaners with a secondary air cleaning
function should not be included in the scope of the air cleaners
standards or test procedure at 10 CFR part 430, subpart B, appendix FF
(``appendix FF''). AHAM noted that there are currently vacuum cleaners
available on the market that clean the air as a secondary function
simultaneously with the primary vacuuming function. (AHAM, No. 30 at
pp. 1-2) AHAM commented that the air filter function for these products
is not an independent function of the vacuum cleaner and that the
product is not intended to be plugged in on an ongoing basis. For these
reasons, AHAM commented that it understands that vacuum cleaners that
also clean the air, while vacuuming are not under the scope of this
rule or appendix FF. (AHAM, No. 30 at p. 2) AHAM commented that such
vacuum cleaners would not meet the proposed standards, and asserted
that the Joint Stakeholders had not considered such products in the
scope when developing the standards that they presented to DOE in the
Joint Proposal. AHAM also noted that it had examined these products as
part of the AHAM AC-7-2022 task force and these products would not be
in the scope of the AHAM AC-7-2022 standard. (Id.) AHAM suggested that
DOE clarify that these products are not in the scope of the air cleaner
standards via a guidance document. AHAM additionally stated that if
these vacuum cleaners are included under the scope, then DOE could
amend section 2.2.2 of appendix FF to indicate that if a product has
air cleaning as a secondary function and one of the secondary listed
functions is a primary function as defined by the product safety
certification listing, then the test method would not apply to such
products. (Id.)
Air cleaners are defined as a product for improving indoor air
quality, other than a central air conditioner, room air conditioner,
portable air conditioner, dehumidifier, and furnace, that is an
electrically-powered, self-contained, mechanically encased assembly
that contains means to remove, destroy, or deactivate particulates, VOC
[volatile organic compounds], and/or microorganisms from the air. It
excludes products that operate solely by means of ultraviolet light
without a far for air circulation. 10 CFR 430.2. In the July 2022 Final
Determination, DOE noted that the reason for explicitly stating that
``air cleaners are a product for improving indoor air quality'' was to
clarify that the term ``air cleaners'' does not include products that
may provide some air cleaning as an ancillary function (e.g., a vacuum
cleaner). 87 FR 42297, 42302. Accordingly, vacuum cleaners that provide
air cleaning as an ancillary function do not meet the definition of an
air cleaner.
C. Air Cleaners With Gas Filtration
IQAir North America, Inc. together with Swiss affiliate IQAir AG
(collectively ``IQAir''), commented that the standards established in
the April 2023 Direct Final Rule would have a permanent negative effect
on some of its products and would eliminate an entire class of air
purification products. (IQAir, No. 28 at pp. 1, 5) IQAir commented that
it makes products for gaseous and odor filtration, including filtration
of VOCs. (Id. at pp. 1-2) IQAir asserted that gas-phase filtration
inherently requires greater energy than simple particulate/HEPA \9\
filtration, and that due to the increased energy usage of gas-phase
filtration, these products will not meet the IEF levels specified in
the direct final rule and therefore will no longer be able to be
[[Page 60109]]
sold in the United States. (Id. at pp. 2-3) IQAir stated that its gas-
phase air cleaners have played a vital role for specific segments of
the population, such as those effected by natural gas exposure, which
contains toxic VOCs and odorous gases. (Id. at p. 4) IQAir stated that
gas-phase air cleaners are critical to its product lineup and being
unable to sell them in the United States would be devastating to its
business operations there. (Id. at p. 5)
---------------------------------------------------------------------------
\9\ High efficiency particulate air (``HEPA'') filter is a
pleated mechanical air filter that includes a porous filtration
medium typically composed of randomly arranged polypropylene or
fiberglass fibers. As air passes through the porous media,
particulates in the air become trapped on the filter surface,
allowing clean air to be discharged by the air cleaner.
---------------------------------------------------------------------------
IQAir stated that one of the most effective ways to filter gases
and odors is with granular sorbent media such as activated charcoal,
and chemisorbant pellets. IQAir noted that its gas-filtration-based
products include a proprietary blend of activated carbon and alumina,
impregnated with potassium permanganate. (Id. at p. 2) IQAir noted that
of the three of its products that offer this functionality, the top
gas-filtration model is GCX, which includes cartridge-based granular
filters containing over 20 pounds of media. IQAir noted that all three
of these products meet the definition of an air cleaner as specified in
the April 2023 Direct Final Rule, would be subject to the standards
established in that direct final rule, and would be tested in the same
way as air cleaners that do not offer gas-phase filtration. (Id.)
In explaining how gas-phase filtration inherently requires greater
energy than simple particulate/HEPA filtration, IQAir stated that
pushing air through the pre-filter and varying types and amounts of
granular media requires electric motors of a certain power level. IQAir
commented that its models have already achieved the best possible
energy efficiency at given levels of gas-phase reductions, capacity,
and price. IQAir stated that the gas-phase filtration technology
contained in its products performs a valuable, sought-after function,
and that standard particulate/HEPA systems are physically incapable of
performing this same function. IQAir also stated that there is no
feasible combination of currently available components or technology
that could allow their air cleaners to meet the standards established
in the April 2023 Direct Final Rule without going into a price range
that is far out of reach of its customers. IQAir requested that DOE
consider the importance of the entire class of gas-phase products that
it believes will be effectively banned by the standards established in
the April 2023 Direct Final Rule. (Id. at p. 5) IQAir also asserted
that the large capacity of its air cleaners enables more contaminates
to be absorbed over a longer period of time before needing filter
replacements. (Id. at p. 4)
DOE has conducted an extensive review of products that provide
gaseous and odor filtration through the use of carbon filter media,
including those models referenced in IQAir's comments. Based on this
review, DOE has concluded that it is technologically feasible to
implement design options to achieve higher levels of efficiency in air
cleaners that employ the key design characteristics observed in those
models referenced in IQAir's comments. Specifically, DOE observed that
the HEPA-type filter included in IQAir's products is up to 6 inches
thick and that the units have an inlet/outlet air flow design that
restricts airflow by drawing in air over a smaller surface area
(compared to the size of the unit) at the base of the model and only
allows air to exit over a small surface area at the topmost section of
the cabinet. Further, DOE observed that IQAir's products use a
permanent split capacitor (``PSC'') fan motor, rather than more
efficient brushless direct current (``BLDC'') fan motors that are used
in other products. In chapter 5 of the technical support document
(``TSD'') that accompanied the April 2023 Direct Final Rule (``2023
Direct Final Rule TSD''), DOE noted that at efficiency level 1 (``EL
1''), which corresponds to the Tier 1 standards established in the
April 2023 Direct Final Rule, efficiency improvements are achievable
through optimizing the motor-filter relationship, typically by reducing
the restriction of airflow (and therefore, the pressure drop across the
filter) by increasing the filter surface area, reducing filter
thickness, and/or increasing air inlet/outlet size.\10\ These design
options improve airflow across the unit, enabling the use of a smaller
motor and thereby reducing power consumption. Based on a detailed
examination of air cleaner models from IQAir, DOE notes that IQAir
could implement these design options by altering their case design to
accommodate a thinner HEPA filter, while increasing the size of the air
inlet at the base of the device. These changes would allow for a
reduction in the size of the motor, while maintaining a similar
airflow, which would decrease the power consumption of the unit. The
case design could also be improved by expanding the size of the air
outlet at the top of the device, which would further improve airflow.
Additionally, IQAir could change to the more efficient BLDC motor.
---------------------------------------------------------------------------
\10\ See section 5.5.3 of the 2023 Direct Final Rule TSD for
more information on technology options for improving efficiency.
Available online at www.regulations.gov/document/EERE-2021-BT-STD-0035-0024.
---------------------------------------------------------------------------
IQAir expressed concern that the standards established in the April
2023 Direct Final Rule would eliminate an entire class of air cleaner
products from the market. (See IQAir, No. 28 at p. 5) As discussed
previously, DOE has reviewed the products using gas-filtration
technology and determined that there are technology options available
that would allow their products to meet the standards in the April 2023
Direct Final Rule. Given that there are technology options available
for these products, DOE does not believe that this standard would cause
the unavailability of air cleaner products with performance
characteristics, features, sizes, capacities, or volumes that are
substantially the same as those of the market at the time of the
Secretary's findings. 42 U.S.C. 6295(o)(4).
Regarding cost, DOE's engineering analysis for the April 2023
Direct Final Rule considered the cost impacts of implementing the
analyzed design options into air cleaners. See section 5.5.3 of the
April 2023 Direct Final Rule TSD. DOE notes that EPCA does not require
it to choose the standard level with the least consumer cost, or the
least cost to manufacturers, but only to assess those, among other,
costs and benefits (using the 7 factors articulated at 42 U.S.C.
6295(o)) and determine whether the burdens outweigh the benefits.
Additionally, as discussed above, DOE has not found that this standard
would result in the unavailability in air cleaners of performance
characteristics, features, size, capacities, and volumes that are
substantially the same as those on the market at the time of this
finding. (See 42 U.S.C. 6295(o)(4)) In this case, the recommended
standards met that standard, and DOE's analysis and conclusions would
not change based on the comments received. Thus, DOE does not consider
these comments to provide a basis to justify a withdrawal of this
direct final rule under EPCA.
IQAir asserted that gas-phase air cleaners are unfairly measured by
the DOE test procedure, and that their unique benefit is unrecognized.
(Id. at p. 5) IQAir stated that the standards established in the April
2023 Direct Final Rule encompass a broad range of devices including
gas-phase air cleaners, but that they are based on a measure of only
particulate performance. (Id.) IQAir noted that the standards are based
on the measurement of CADR, which describes the initial cleaning
performance of a filter and is expressed with respect to specific types
of pollutants (i.e., PM2.5 CADR, pollen CADR, etc.). (Id. at
p. 3) IQAir noted
[[Page 60110]]
that while it is possible to determine CADR for gas-phase pollutants,
it would still only measure initial air cleaning performance and would
not account for degradation of performance over time. IQAir noted this
is particularly relevant to gas-phase filtration, which relies on the
capacity of granular media in order to maintain effective filtration,
and without sufficient capacity, a granular filter might produce good
initial gas-phase CADR and then degrade to little or no filtration.
Therefore, IQAir stated, accurate measurement of gas-phase filtration
must include capacity. (Id.)
IQAir stated that the most advanced standardized testing protocol
for consumer gas-phase filtration is China's GB/T 18801-2022, titled
Air Cleaner, which measures both initial CADR and the amount of
pollutant removed from the air until CADR drops to 50 percent of the
initial value. IQAir stated that this methodology effectively measures
the capacity of granular filters, enabling regulators and consumers to
ensure that manufacturers do not game the system by achieving high CADR
or high energy efficiency with unacceptable filter life. (Id.) IQAir
suggested DOE include means of measuring gas-phase performance and
capacity, and add a proportionate allowance in the calculation of IEF,
which would recognize the value of gas-phase filtration and the
practicality of implementing this technology without reducing the
effectiveness of the air cleaner standards on non-gas-phase air
cleaners. (Id. at p. 6)
The Joint Stakeholders commented that it reviewed comments on the
docket and observed a comment that suggested that certain products may
have difficulty meeting the standards because the test procedure does
not accurately measure the efficiency of the product. The Joint
Stakeholders suggested test procedure waivers as a viable pathway for
such products. (Joint Stakeholders, No. 31 at p. 2)
As these comments pertain to the test procedure and not the
establishment of standards, DOE does not consider these comments to
provide a basis to justify a withdrawal of this direct final rule under
EPCA. DOE finalized its test procedure for Air Cleaners on March 06,
2023, noting that the air cleaner test procedure at appendix FF
measures the PM2.5 CADR and power consumption of air
cleaners using an established industry standard, AHAM AC-7-2022. 88 FR
14014. DOE will consider any comments pertaining to test procedures,
including comments suggesting additional tests for evaluating gas-
filtration of air cleaners, in a future air cleaner test procedure
rulemaking. In response to the comments from Joint Stakeholders, DOE
notes that any interested person may submit a petition for test
procedure waiver upon the grounds that the basic model contains one or
more design characteristics which either prevent testing of the basic
model according to the prescribed test procedures or cause the
prescribed test procedures to evaluate the basic model in a manner so
unrepresentative of its true energy and/or water consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(a)(1)).
D. Automatic Mode
SENSIRON AG commented that there is significant potential for
energy savings by using air quality sensors for controlling the level
of operation of the air cleaner, depending on the level of pollution in
the indoor space where the device is used. SENSIRON AG requested that
DOE consider the adoption of air quality sensors for operation control.
SENSIRON AG also commented that to ensure sensors of appropriate
quality are used, DOE should utilize sensor performance requirements as
defined in existing healthy building standards (such as WELL \11\ and
RESET \12\). (SENSIRON AG, No. 27 at p. 1)
---------------------------------------------------------------------------
\11\ www.wellcertified.com/.
\12\ www.reset.build/.
---------------------------------------------------------------------------
DOE addressed public comments received regarding the use of
automatic mode in the air cleaner test procedure final rule published
March 6, 2023 (``March 2023 TP Final Rule''). 88 FR 14014, 14032. DOE
noted in the March 2023 TP Final Rule that industry-accepted test
methods for other modes, such as automatic mode or low speed mode, do
not currently exist. Id. at 88 FR 14032. As discussed in section
5.5.1.7 of the 2023 Direct Final Rule TSD, operation of air cleaners in
automatic mode is not currently tested and, therefore, DOE determined
that air quality sensors to improve automatic mode efficiency would not
impact the efficiency levels analyzed for the direct final rule.
While SENSIRON AG included recommended standards, DOE notes that
these standards are applicable to the sensors that monitor air quality,
not to the air cleaner itself. As this comment pertains to the test
procedure and not the establishment of standards, DOE does not consider
this comment to provide a basis to justify a withdrawal of this direct
final rule under EPCA. DOE is participating in the AHAM task force that
is currently developing a test method for testing air cleaners with
automatic mode. As stated previously, DOE would consider any updates to
the test procedure in a future test procedure rulemaking.
IV. Impact of Any Lessening of Competition
EPCA directs DOE to consider any lessening of competition that is
likely to result from new or amended standards. (42 U.S.C. 6295
(p)(4)(A)(i) and (C)(i)(II); 42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the United States (``Attorney
General'') to determine the impact, if any, of any lessening of
competition likely to result from a proposed standard and to transmit
such determination to the Secretary within 60 days of the publication
of a proposed rule, together with an analysis of the nature and extent
of the impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this determination, DOE provided the
Department of Justice (``DOJ'') with copies of the April 2023 Direct
Final Rule, the corresponding NOPR, and the 2023 Direct Final Rule TSD
for review. DOE has published DOJ's comments at the end of this
document.
In its letter responding to DOE, DOJ concluded that based on its
review, it does not have an evidentiary basis to conclude that the
proposed energy conservation standards for air cleaners are likely to
substantially lessen competition. Although the rule may limit
consumers' ability to purchase non-compliant products, DOJ stated that
those impacts appear to result from the rule, itself. DOJ also stated
that it is not aware of likely impacts on competition or the
competitive process for air cleaners that will continue to be offered.
DOJ acknowledged comments expressing concerns regarding whether the
proposed standard is appropriate for certain products that may have
functionality beyond air cleaning (e.g., vacuums) or provide air
cleaning functionality that requires additional energy consumption
(e.g., gas phase air cleaners). DOJ stated its understanding that DOE
has discretion to grant waivers from a test procedure in certain
circumstances (10 CFR 430.27(f)(2)). DOJ took no positions on these
comments and concerns, but encouraged DOE, should it grant waivers in
other product segments, to do so in a manner that preserves
competition.
In response to the April 2023 Direct Final Rule, an individual
commented that the April 2023 Direct Final Rule would not allow a free
market. (Slaughter, No. 29 at p. 1)
[[Page 60111]]
DOE considered any lessening of competition that would be likely to
result from new or amended standards. Based on the DOJ review, DOE has
determined it does not have an evidentiary basis to conclude that the
April 2023 Direct Final Rule energy conservation standards for air
cleaners are likely to substantially lessen competition.
V. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
(``NEPA''), DOE had analyzed the direct final rule in accordance with
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE
determined that the rule qualifies for categorical exclusion under 10
CFR part 1021, subpart D, appendix B5.1 because it is a rulemaking that
establishes energy conservation standards for consumer products or
industrial equipment, none of the exceptions identified in B5.1(b)
apply, no extraordinary circumstances exist that require further
environmental analysis, and it meets the requirements for application
of a categorical exclusion. See 10 CFR 1021.410. Therefore, DOE
determined that promulgation of the direct final rule is not a major
Federal action significantly affecting the quality of the human
environment within the meaning of NEPA, and does not require an
environmental assessment or an environmental impact statement.
VI. Conclusion
In summary, based on the previous discussion, DOE has determined
that the comments received in response to the direct final rule for new
energy conservation standards for air cleaners do not provide a
reasonable basis for withdrawal of the direct final rule. As a result,
the energy conservation standards set forth in the direct final rule
became effective on August 9, 2023. Compliance with these standards is
required on and after December 31, 2023.
Signing Authority
This document of the Department of Energy was signed on August 28,
2023, 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 August 28, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Appendix
August 9, 2023
Ami Grace-Tardy
Assistant General Counsel for
Legislation, Regulation and Energy Efficiency
U.S. Department of Energy
Washington, DC 20585
[email protected]
Re: Energy Conservation Standards for Air Cleaners, DOE Docket No.
EERE-2021-BT-STD-0035
Dear Assistant General Counsel Grace-Tardy:
I am responding to your June 16, 2023 letter seeking the views
of the Attorney General about the potential impact on competition of
proposed energy conservation standards for air cleaners.
Your request was submitted under Section 325(o)(2)(B)(i)(V) of
the Energy Policy and Conservation Act, as amended (EPCA), 42 U.S.C.
6295(o)(2)(B)(i)(V), which requires the Attorney General to
determine the impact of any lessening of competition likely to
result from proposed energy conservation standards. The Attorney
General's responsibility for responding to requests from other
departments about the effect of a program on competition has been
delegated to the Assistant Attorney General for the Antitrust
Division in 28 CFR 0.40(g). The Assistant Attorney General for the
Antitrust Division has authorized me, as the Policy Director for the
Antitrust Division, to provide the Antitrust Division's views
regarding the potential impact on competition of proposed energy
conservation standards on his behalf.
In conducting its analysis, the Antitrust Division examines
whether a proposed standard may lessen competition, for example, by
substantially limiting consumer choice, by placing certain
manufacturers at an unjustified competitive disadvantage, or by
inducing avoidable inefficiencies in production or distribution of
particular products. A lessening of competition could result in
higher prices to manufacturers and consumers.
We have reviewed the proposed standard contained in the direct
final rule (88 FR 21752, April 11, 2023), the companion notice of
proposed rulemaking (88 FR 21512, April 11, 2023), and the related
technical support document. We have also reviewed public comments
and information provided by industry participants. No Public Meeting
was held in relation to this direct final rule.
Based on this review, we do not have an evidentiary basis to
conclude that the proposed energy conservation standards for air
cleaners are likely to substantially lessen competition. Although
the rule may limit consumers' ability to purchase non-compliant
products, those impacts appear to result from the rule, itself. We
are not aware of likely impacts on competition or the competitive
process for air cleaners that will continue to be offered.
We are aware of comments expressing concerns regarding whether
the proposed standard is appropriate for certain products that may
have functionality beyond air cleaning (e.g., vacuums) or provide
air cleaning functionality that requires additional energy
consumption (e.g., gas phase air cleaners). We understand that the
Department of Energy (DOE) has discretion to grant waivers from a
test procedure in certain circumstances (10 CFR 430.27(f)(2)). We
take no positions on these comments and concerns, but encourage DOE
should it grant waivers in other product segments to do so in a
manner that preserves competition.
We ask that the DOE take these concerns into account in
determining its final energy conservation standards for air
cleaners.
Sincerely,
David G.B. Lawrence,
Policy Director.
[FR Doc. 2023-18860 Filed 8-30-23; 8:45 am]
BILLING CODE 6450-01-P
