Energy Conservation Program: Energy Conservation Standards for Dishwashers

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority

II. Dishwashers Direct Final Rule

A. Background

III. Comments on the Direct Final Rule

A. General Comments

B. Authority To Regulate Water Use

C. Economic Justification

1. Consumer Impacts

2. Product Reliability

3. Repair and Maintenance Costs

D. Significant Conservation of Energy

E. Unavailability of Performance Characteristics

F. Stakeholder Representation

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simultaneously with the direct final rule and publish in the Federal Register the reasons why the direct final rule was withdrawn.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 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 to the comments.

II. Dishwashers Direct Final Rule

A. Background

In a direct final rule published on May 30, 2012 (“May 2012 Direct Final Rule”), DOE adopted the current energy conservation standards for dishwashers manufactured on or after May 30, 2013. 77 FR 31918. These standards are set forth in DOE's regulations at title 10 of the Code of Federal Regulations (“CFR”) section 430.32(f).

The current standards are defined in terms of maximum estimated annual energy use (“EAEU”) in kilowatt hours per year (“kWh/yr”) and maximum per cycle water consumption in gallons per cycle (“gal/cycle”) as measured according to DOE's dishwasher test procedure codified at 10 CFR part 430, subpart B, appendix C1 (“appendix C1”).

In a final determination published on December 13, 2016 (“December 2016 Final Determination”), DOE concluded that amended energy conservation standards would not be economically justified at any level above the standards established in the May 2012 Direct Final Rule, and therefore determined not to amend the standards. 81 FR 90072.

On January 18, 2023, DOE published a final rule (“January 2023 TP Final Rule”) amending the test procedure at appendix C1 and establishing a new test procedure at 10 CFR part 430, subpart B, appendix C2 (“appendix C2”). 88 FR 3234. The new appendix C2 specifies updated annual cycles and low-power mode hours, both of which are used to calculate the EAEU metric, and introduces a minimum cleaning performance threshold to validate the selected test cycle. 88 FR 3234, 3236.

On May 19, 2023, DOE published a NOPR (“May 2023 NOPR”) proposing to amend the current standards for dishwashers, defined in terms of EAEU and per-cycle water consumption as measured according to appendix C2. 88 FR 32514.

On September 25, 2023, DOE received a joint statement (“Joint Agreement”) recommending standards for dishwashers that was submitted by groups representing manufacturers, energy and environmental advocates, consumer groups, and a utility. In addition to the recommended standards for dishwashers, the Joint Agreement also included separate recommendations for several other covered products. The amended standard levels recommended in the Joint Agreement for dishwashers are presented in Table II.1, expressed in terms of EAEU and per-cycle water consumption as measured according to the newly established test procedure contained in appendix C2. Details of the Joint Agreement recommendations for other products are provided in the Joint Agreement posted in the docket for this rulemaking.