Energy Conservation Program: Energy Conservation Standards for Residential Clothes Washers

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority

II. Residential Clothes Washers Direct Final Rule

A. Background

III. Comments on the Direct Final Rule

A. General Comments

B. Authority To Regulate Water Use

C. Anti-Backsliding

D. Economic Justification

E. Unavailability of Performance Characteristics

F. Stakeholder Representation

G. Responses to Previous Stakeholder Comments

H. Formal Rulemaking

I. 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simultaneously with the direct final rule and publish in the Federal Register the reasons why the direct final rule was withdrawn.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. Residential Clothes Washers Direct Final Rule

A. Background

In a direct final rule published on May 31, 2012 (“May 2012 Direct Final Rule”), DOE prescribed the current energy conservation standards for residential clothes washers (“RCWs”) manufactured on or after January 1, 2018. 77 FR 32308. These standards are set forth in DOE's regulations at 10 CFR 430.32(g)(1). The current standards are defined in terms of a minimum allowable integrated modified energy factor (“IMEF”), measured in cubic feet per kilowatt-hour per cycle (“ft³ /kWh/cycle”), and maximum allowable integrated water factor (“IWF”), measured in gallons per cycle per cubic foot (“gal/cycle/ft³ ”), as measured according to the test procedure at 10 CFR part 430, subpart B, appendix J2 (“appendix J2”).

In a final rule published on June 1, 2022 (“June 2022 TP Final Rule”), DOE finalized a new test procedure at 10 CFR part 430, subpart B, appendix J (“appendix J”), which defines new energy efficiency metrics: an energy efficiency ratio (“EER”) and a water efficiency ratio (“WER”). 87 FR 33316, 33319. For both EER and WER, a higher value indicates more efficient performance.

On March 3, 2023, DOE published a NOPR (“March 2023 NOPR”) proposing to establish amended standards for RCWs, defined in terms of the EER and WER metrics as measured according to appendix J. 88 FR 13520.

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