Energy Conservation Program: Energy Conservation Standards for Consumer Clothes Dryers

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority

II. Consumer Clothes Dryers Direct Final Rule

A. Background

III. Comments on the Direct Final Rule

A. General Comments

B. Anti-Backsliding

C. Economic Justification

1. Manufacturer and Consumer Impacts

2. Energy Price Trends

3. Consumer Behavior

4. Product Reliability

5. SCC-GHG Analysis

D. Unavailability of Performance Characteristics

E. Stakeholder Representation

F. Formal Rulemaking

G. Conforming Updates To Test Procedure Introductory Notes

IV. Impact of Any Lessening of Competition

V. Conclusion

I. Authority

The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”), 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 of Energy (“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. 6313(a)(6)(B), 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simultaneously with the direct final rule and publish in the Federal Register the reasons why the direct final rule was withdrawn.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.)

After review of comments received, DOE has determined that it did receive adverse comments on the direct final rule. However, based on the rulemaking record, the comments did not provide a reasonable basis for withdrawing the direct final rule under the provisions in 42 U.S.C. 6295(p)(4)(C). As such, DOE did not withdraw this direct final rule and the direct final rule remains effective. Although not required under EPCA, where DOE does not withdraw a direct final rule, DOE typically 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 to the comments.

II. Consumer Clothes Dryers Direct Final Rule

A. Background

In a direct final rule published on April 21, 2011, (“April 2011 Direct Final Rule”), DOE prescribed the current energy conservation standards for consumer clothes dryers manufactured on or after January 1, 2015. 76 FR 22454. These standards are set forth in DOE's regulations at title 10 of the Code of Federal Regulations (“CFR”) section 430.32(h)(3).

DOE's current energy conservation standards for consumer clothes dryers are expressed in terms of combined energy factor (“CEF”), measured in pounds per kilowatt-hour (“lb/kWh”). To demonstrate compliance with the current energy conservation standards, manufacturers must use either the test procedure provided at 10 CFR part 430, subpart B, appendix D1 (“appendix D1”) or the test procedure provided at 10 CFR part 430, subpart B, appendix D2 (“appendix D2”). Appendix D1 tests timed drying cycles, and accounts for clothes dryers with automatic termination controls by applying a higher field use factor to units that have this feature. Appendix D2 tests “normal” automatic termination cycles and more accurately measures the effects of automatic cycle termination.

On August 23, 2022, DOE published a NOPR (“August 2022 NOPR”) proposing to establish amended standards for consumer clothes dryers expressed in terms of CEF as determined in accordance with the appendix D2 test procedure (denoted as CEF_D2). 87 FR 51734.

On September 25, 2023, DOE received a joint statement (“Joint Agreement”) recommending standards for consumer clothes dryers that was submitted by groups representing manufacturers, energy and environmental advocates, consumer groups, and a utility. In addition to the recommended standards for consumer clothes dryers, the Joint Agreement also included separate recommendations for several other covered products. The amended standard levels recommended in the Joint Agreement for consumer clothes dryers are presented in table II.1. Details of the Joint Agreement recommendations for other products are provided in the Joint Agreement posted in the docket for this rulemaking.