Department of Energy December 16, 2020 – Federal Register Recent Federal Regulation Documents

The National Nuclear Security Administration (NNSA), a semi- autonomous agency within the United States (U.S.) Department of Energy (DOE), announces its intent, consistent with the National Environmental Policy Act of 1969 (NEPA), to prepare a Surplus Plutonium Disposition Program (SPDP) Environmental Impact Statement (EIS) to evaluate alternatives for the safe and timely disposition of plutonium surplus to the defense needs of the United States. NNSA will prepare a SPDP EIS to evaluate the dilute and dispose alternative, also known as ``plutonium downblending,'' and any other identified reasonable alternatives for the disposition of surplus plutonium. The dilute and dispose approach would require new, modified, or existing capabilities at the Savannah River Site (SRS), Los Alamos National Laboratory (LANL), Pantex Plant (Pantex), and the Waste Isolation Pilot Plant (WIPP). The purpose of this Notice is to invite public participation in the process and to encourage public involvement on the scope and alternatives that should be considered.

In this final rule, the U.S. Department of Energy (``DOE'') adopts a revised definition for ``showerhead'' and definitions for ``body spray'' and ``safety shower showerhead''. The revised regulatory definition for ``showerhead'' is consistent with the most recent standard developed by the American Society of Mechanical Engineers (``ASME'') in 2018, such that each showerhead in a product containing multiple showerheads would be considered separately for purposes of determining standards compliance. DOE has determined that the definition is consistent with EPCA and, unlike the current definition, compliant with the National Technology Transfer and Advancement Act and Office of Management and Budget (``OMB'') Circular A-119. In addition, the definition is consistent with DOE's treatment of other products, such as body sprays. DOE is also defining the terms ``body spray'' and ``safety shower showerhead'' to clarify which products are not subject to the current energy conservation standard. With regard to the showerhead test procedure, DOE emphasizes in this final rule that the existing test procedure remains applicable for purposes of measuring the water use of a showerhead as defined in this final rule. DOE is not finalizing any test procedure amendments in this final rule.

The Energy Policy and Conservation Act, as amended (``EPCA''), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential clothes washers and consumer clothes dryers. In this final rule, the U.S. Department of Energy (``DOE'' or ``the Department'') establishes separate product classes for top-loading consumer clothes washers and consumer clothes dryers that offer cycle times for a normal cycle of less than 30 minutes, and for front-loading residential clothes washers that offer cycle times for a normal cycle of less than 45 minutes. DOE's decision to establish these new product classes is based on the comments received in response to the proposed rule as well as testing and evaluation conducted by the Department. This rulemaking sets out the basis for the new product classes. DOE intends to determine the specific energy and water consumption limits for the new product classes in separate rulemakings in accordance with the requirements of the Department's Process Rule.