Energy Efficiency and Renewable Energy Office April 28, 2006 – Federal Register Recent Federal Regulation Documents

In a notice of proposed rulemaking published December 13, 1999, (NOPR) the Department of Energy (DOE or the Department) proposed to adopt (1) energy conservation requirements that the Energy Policy and Conservation Act, as amended, (EPCA or the Act) specifically mandated for commercial warm air furnaces, and (2) provisions applying generally to covered commercial heating, air conditioning and water heating equipment, including furnaces, (collectively referred to as ``commercial HVAC & WH equipment'') to assure their compliance with EPCA requirements. On October 21, 2004, DOE adopted a final rule incorporating the requirements for furnaces but only certain of the general provisions proposed for commercial HVAC & WH equipment. As to the latter, the Department did not adopt the NOPR's proposals for manufacturers to use to determine and certify compliance, and or most of its enforcement proposals, which remain under consideration. These include proposals about manufacturers' use of testing and calculation methods to rate the efficiency of their equipment, the role of voluntary independent certification programs in assuring the accuracy of the ratings, and the testing regimen and criteria that DOE would use in enforcement proceedings, which are the subjects of today's notice. The Department is now soliciting comments on several additional proposed options that DOE is now considering for the rule. In addition, the Energy Policy Act of 2005, Public Law 109-58, (EPACT 2005) created a new category of covered equipment and set forth definitions, test procedures, and energy conservation standards for very large commercial package air conditioning and heating equipment. The Department has codified the definitions and energy conservation standards in Title 10, Code of Federal Regulations, Part 431. 70 FR 60407 (October 18, 2005). The Department is applying to that equipment the proposed compliance and enforcement requirements that are the subject of this supplemental notice. (The Department notes that the recent amendments to EPCA set forth in EPACT 2005 do not otherwise affect the issues raised in today's notice.)