CHAPTER 77 —ENERGY CONSERVATION
SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY
Part A—Domestic Supply
Part B—Strategic Petroleum Reserve
Part C—Authority To Contract for Petroleum Product Not Owned by United States
Part D—Northeast Home Heating Oil Reserve
Part E—Expiration
SUBCHAPTER II—STANDBY ENERGY AUTHORITIES
Part A—General Emergency Authorities
Part B—Authorities With Respect to International Energy Program
Part C—Summer Fill and Fuel Budgeting Programs
Part D—Expiration
SUBCHAPTER III—IMPROVING ENERGY EFFICIENCY
Part A—Energy Conservation Program for Consumer Products Other Than Automobiles
Part A–1—Certain Industrial Equipment
Part B—State Energy Conservation Plans
Part C—Industrial Energy Efficiency
Part D—Other Federal Energy Conservation Measures
Part E—Energy Conservation Program for Schools and Hospitals
Part F—Energy Conservation Program for Buildings Owned by Units of Local Government and Public Care Institutions
Part G—Off-Highway Motor Vehicles
Part H—Encouraging Use of Alternative Fuels
SUBCHAPTER IV—GENERAL PROVISIONS
Part A—Energy Data Base and Energy Information
Part B—General Provisions
Part C—Congressional Review
§6201. Congressional statement of purpose
The purposes of this chapter are—
(1) to grant specific authority to the President to fulfill obligations of the United States under the international energy program;
(2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions;
(3) Repealed.
(4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses;
(5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products;
(6) Repealed.
(7) to provide a means for verification of energy data to assure the reliability of energy data; and
(8) to conserve water by improving the water efficiency of certain plumbing products and appliances.
(
References in Text
This chapter, referred to in introductory clause, was in the original "this Act", meaning
Amendments
2000—Par. (1).
Par. (3).
Par. (6).
1992—Par. (8).
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2014 Amendment
Short Title of 2012 Amendment
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Short Title of 1988 Amendment
Short Title of 1987 Amendment
Short Title of 1985 Amendment
Short Title of 1984 Amendment
Short Title of 1982 Amendment
Short Title of 1981 Amendment
Short Title
National Oilheat Research Alliance
"SEC. 701. SHORT TITLE.
"This title may be cited as the 'National Oilheat Research Alliance Act of 2000'.
"SEC. 702. FINDINGS.
"Congress finds that—
"(1) oilheat fuel is an important commodity relied on by approximately 30,000,000 Americans as an efficient and economical energy source for commercial and residential space and hot water heating;
"(2) oilheat fuel equipment operates at efficiencies among the highest of any space heating energy source, reducing fuel costs and making oilheat fuel an economical means of space heating;
"(3) the production, distribution, and marketing of oilheat fuel and oilheat fuel equipment plays a significant role in the economy of the United States, accounting for approximately $12,900,000,000 in expenditures annually and employing millions of Americans in all aspects of the oilheat fuel industry;
"(4) only very limited Federal resources have been made available for oilheat fuel research, development, safety, training, and education efforts, to the detriment of both the oilheat fuel industry and its 30,000,000 consumers;
"(5) the cooperative development, self-financing, and implementation of a coordinated national oilheat fuel industry program of research and development, training, and consumer education is necessary and important for the welfare of the oilheat fuel industry, the general economy of the United States, and the millions of Americans that rely on oilheat fuel for commercial and residential space and hot water heating;
"(6) consumers of oilheat fuel fuel [sic] are provided service by thousands of small businesses that are unable to individually develop training programs to facilitate the entry of new and qualified workers into the oilheat fuel fuel [sic] industry;
"(7) small businesses and trained employees are in an ideal position—
"(A) to provide information to consumers about the benefits of improved efficiency; and
"(B) to encourage consumers to value efficiency in energy choices and assist individuals in conserving energy;
"(8) additional research is necessary—
"(A) to improve oilheat fuel fuel [sic] equipment; and
"(B) to develop domestic renewable resources that can be used to safely and affordably heat homes;
"(9) since there are no Federal resources available to assist the oilheat fuel fuel [sic] industry, it is necessary and appropriate to develop a self-funded program dedicated—
"(A) to improving efficiency in customer homes;
"(B) to assist individuals to gain employment in the oilheat fuel fuel [sic] industry; and
"(C) to develop domestic renewable resources;
"(10) both consumers of oilheat fuel fuel [sic] and retailers would benefit from the self-funded program; and
"(11) the oilheat fuel fuel [sic] industry is committed to providing appropriate funding necessary to carry out the purposes of this title without passing additional costs on to residential consumers.
"SEC. 703. DEFINITIONS.
"In this title:
"(1)
"(2)
"(3)
"(A) the net present value of economic benefits over the life of the program or activity, including avoided supply and delivery costs and deferred or avoided investments; is greater than
"(B) the net present value of the economic costs over the life of the program or activity, including program costs and incremental costs borne by the energy consumer.
"(4)
"(A) entitles each party or its customers to receive oilheat fuel from the other party; and
"(B) requires only an insubstantial portion of the volumes involved in the exchange to be settled in cash or property other than the oilheat fuel.
"(5)
"(6)
"(7)
"(8)
"(A) is—
"(i) No. 1 distillate;
"(ii) No. 2 dyed distillate;
"(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; or
"(iv) a biobased liquid; and
"(B) is used as a fuel for nonindustrial commercial or residential space or hot water heating.
"(9)
"(A)
"(i) persons in the production, transportation, or sale of oilheat fuel; and
"(ii) persons engaged in the manufacture or distribution of oilheat fuel utilization equipment.
"(B)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
"(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
"(ii) imports No. 1 distillate or No. 2 dyed distillate; or
"(iii) transports No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas; and
"(B) sells the distillate to another person that does not produce, import, or transport No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas.
"(16)
"SEC. 704. REFERENDA.
"(a)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(A)
"(B)
"(6)
"(7)
"(b)
"(c)
"(1)
"(2)
"(3)
"(d)
"SEC. 705. MEMBERSHIP.
"(a)
"(1)
"(A)
"(B)
"(2)
"(3)
"(A)
"(B)
"(b)
"(1) interstate and intrastate operators among retail marketers;
"(2) wholesale distributors of No. 1 distillate and No. 2 dyed distillate;
"(3) large and small companies among wholesale distributors and retail marketers; and
"(4) diverse geographic regions of the country.
"(c)
"(1)
"(A) 1 member representing each State participating in the Alliance.
"(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales.
"(C) 5 additional representatives of retail marketers.
"(D) 21 representatives of wholesale distributors.
"(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel, including consumer and low-income advocacy groups.
"(2)
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"SEC. 706. FUNCTIONS.
"(a)
"(1)
"(A) shall develop programs and projects and enter into contracts or other agreements with other persons and entities for implementing this title, including programs—
"(i) to enhance consumer and employee safety and training;
"(ii) to provide for research, development, and demonstration of clean and efficient oilheat fuel utilization equipment; and
"(iii) for consumer education; and
"(B) may provide for the payment of the costs of carrying out subparagraph (A) with assessments collected under section 707.
"(2)
"(3)
"(A)
"(B)
"(i)
"(I) all activities incidental to research, development, and demonstration of clean and efficient oilheat fuel utilization equipment, including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels; and
"(II) the obtaining of patents, including payment of attorney's fees for making and perfecting a patent application.
"(ii)
"(b)
"(1) research, development, and demonstration;
"(2) safety;
"(3) consumer education; and
"(4) training.
"(c)
"(1)
"(A) shall select from among its members a chairperson and other officers as necessary;
"(B) may establish and authorize committees and subcommittees of the Alliance to take specific actions that the Alliance is authorized to take; and
"(C) shall adopt bylaws for the conduct of business and the implementation of this title.
"(2)
"(3)
"(4)
"(d)
"(1)
"(2)
"(A)
"(B)
"(e)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(i)
"(ii)
"(f)
"(1)
"(A) keep records that clearly reflect all of the acts and transactions of the Alliance; and
"(B) make the records available to the public.
"(2)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(g)
"(1)
"(2)
"(3)
"(h)
"(1) includes a description of all programs, projects, and contracts and other agreements undertaken by the Alliance during the previous year and those planned for the current year; and
"(2) details the allocation of Alliance resources for each such program and project.
"SEC. 707. ASSESSMENTS.
"(a)
"(b)
"(1)
"(2)
"(A) shall be responsible for payment of an assessment to the Alliance on a quarterly basis; and
"(B) shall provide to the Alliance certification of the volume of fuel sold.
"(3)
"(4)
"(A)
"(B)
"(5)
"(A) shall be responsible for payment of the assessment to the Alliance at the point at which the product enters the United States; and
"(B) shall provide to the Alliance certification of the volume of fuel imported.
"(6)
"(7)
"(8)
"(c)
"(d)
"(1) in obligations of the United States or any agency of the United States;
"(2) in general obligations of any State or any political subdivision of a State;
"(3) in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
"(4) in obligations fully guaranteed as to principal and interest by the United States.
"(e)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(I)
"(II)
"(aa) specify the amount of funds requested;
"(bb) describe in detail the specific uses for which the requested funds are sought;
"(cc) include a commitment to comply with this title in using the requested funds; and
"(dd) be made publicly available.
"(III)
"(IV)
"(aa) monitor the use of funds provided under this clause; and
"(bb) impose whatever terms, conditions, and reporting requirements that the Alliance considers necessary to ensure compliance with this title.
"(B)
"(f)
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(I) provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment; and
"(II) describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment.
"(iii)
"(I) Congress;
"(II) the Governor of each State, and other appropriate State leaders, in which the Alliance is operating; and
"(III) the Administrator of the Environmental Protection Agency.
"(E)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(C)
"(4)
"(A)
"(i) to make cost-effective upgrades to more fuel efficient heating oil systems or otherwise make cost-effective modifications to an existing heating system to improve the efficiency of the system;
"(ii) to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers; or
"(iii) to improve the safe operation of a heating system.
"(B)
"(C)
"(i)
"(I) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (
"(II) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (
"(III) other energy efficiency programs administered by the State or other parties in the State.
"(ii)
"(I) distributed equitably to States based on the proportional contributions of the States through collected assessments;
"(II) used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; and
"(III) used only to carry out this paragraph.
"(5)
"(A) to conduct consumer education activities relating to oilheat fuel, including providing information to consumers on—
"(i) energy conservation strategies;
"(ii) safety;
"(iii) new technologies that reduce consumption or improve safety and comfort;
"(iv) the use of biofuels blends; and
"(v) Federal, State, and local programs designed to assist oilheat fuel consumers;
"(B) to conduct worker safety and training activities relating to oilheat fuel, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification);
"(C) to carry out other activities recommended by the Secretary; or
"(D) to the maximum extent practicable, a data collection process established, in collaboration with the Secretary or other appropriate Federal agencies, to track equipment, service, and related safety issues and to develop measures to improve safety.
"(6)
"(A)
"(i) administrative costs; or
"(ii) indirect costs incurred in carrying out paragraphs (1) through (5).
"(B)
"(7)
"(A)
"(i)
"(ii)
"(I) advancements made in energy-efficient heating systems and biofuel heating oil blends; and
"(II) heating system upgrades and modifications and energy efficiency programs funded under this section.
"(iii)
"(I)
"(II)
"(B)
"(C)
"SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.
"(a)
"(1) 75 percent of the amount of assessments estimated to be collected under section 707 in that calendar year;
"(2) 75 percent of the amount of assessments actually collected under section 707 in the most recent calendar year for which an audit report has been submitted under section 706(f)(2)(B) as of the beginning of the calendar year for which the amount that may be obligated is being determined, less the estimate made pursuant to paragraph (1) for that most recent calendar year; and
"(3) amounts permitted in preceding calendar years to be obligated pursuant to this subsection that have not been obligated.
"(b)
"(c)
"(1)
"(2)
"(A) deposited in the escrow account; and
"(B) unavailable for obligation for the duration of the covered period.
"(d)
"(e)
"SEC. 709. COMPLIANCE.
"(a)
"(b)
"SEC. 710. LOBBYING RESTRICTIONS.
"(a)
"(b)
"(1)
"(2)
"SEC. 711. DISCLOSURE.
"Any consumer education activity undertaken with funds provided by the Alliance shall include a statement that the activities were supported, in whole or in part, by the Alliance.
"SEC. 712. VIOLATIONS.
"(a)
"(1) a reference to a private brand name;
"(2) a false or unwarranted claim on behalf of oilheat fuel or related products; or
"(3) a reference with respect to the attributes or use of any competing product.
"(b)
"(1)
"(2)
"(3)
"(A) the complaint is withdrawn; or
"(B) a court determines that the conduct of the activity complained of does not constitute a violation of subsection (a).
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) the complaint is withdrawn; or
"(B) the court has determined that the consumer education activity complained of does not constitute a violation of subsection (a).
"(e)
"(1)
"(2)
"(f)
"(g)
"(1) notify Congress of the noncompliance; and
"(2) provide notice of the noncompliance on the Alliance website.
"SEC. 713. SUNSET.
"This title shall cease to be effective as of the date that is 28 years after the date on which the Alliance is established."
Ex. Ord. No. 11912. Delegation of Authorities
Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 4323 Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105; Ex. Ord. No. 12919, §904(a)(7), June 3, 1994, 59 F.R. 29533, provided:
By virtue of the authority vested in me by the Constitution and the statutes of the United States of America, including the Energy Policy and Conservation Act (
(b) The Administrator of General Services shall also promulgate rules which will ensure that each class of nonpassenger automobiles acquired by all Executive agencies in each fiscal year achieves a fleet average fuel economy that is not less than the average fuel economy standard for uch class, established pursuant to Section 502(b) of the Motor Vehicle Information and Cost Savings Act, as amended (
(c) In performing these functions, the Administrator of General Services shall consult with the Secretary of Transportation and the Secretary of Energy.
(b) The Secretary of Energy shall prepare, with the assistance of the heads of appropriate agencies, for the President's consideration, the annual reports provided by section 381(c) of the Energy Policy and Conservation Act (
(a) Section 251 of the Energy Policy and Conservation Act (
(b) Section 253(c) of the Energy Policy and Conservation Act (
(c) Section 254(a) of the Energy Policy and Conservation Act (
(d) Section 254(b) of the Energy Policy and Conservation Act (
(e) Section 523(a)(2)(A) of the Energy Policy and Conservation Act (
[
(2) The goals established in subsection (b) shall apply to the following categories of Federally-owned buildings: (i) office buildings, (ii) hospitals, (iii) schools, (iv) prison facilities, (v) multi-family dwellings, (vi) storage facilities, and (vii) such other categories of buildings for which the Administrator determines the establishment of energy-efficiency performance goals is feasible.
(b) The Secretary shall establish requirements and procedures, which shall be observed by each agency unless a waiver is granted by the Secretary, designed to ensure that each agency to the maximum extent practicable aims to achieve the following goals:
(1) For the total of all Federally-owned existing buildings the goal shall be a reduction of 20 percent in the average annual energy use per gross square foot of floor area in 1985 from the average energy use per gross square foot of floor area in 1975. This goal shall apply to all buildings for which construction was or design specifications were completed prior to the date of promulgation of the guidelines pursuant to subsection (d) of this Section.
(2) For the total of all Federally-owned new buildings the goal shall be a reduction of 45 percent in the average annual energy requirement per gross square foot of floor area in 1985 from the average annual energy use per gross square foot of floor area in 1975. This goal shall apply to all new buildings for which design specifications are completed after the date of promulgation of the guidelines pursuant to subsection (d) of this Section.
(c) The Secretary with the concurrence of the Director of the Office of Management and Budget, in consultation with the heads of the Executive agencies specified in subsection (a) and the Director of the National Bureau of Standards, shall establish, for purposes of developing the ten-year plan, a practical and effective method for estimating and comparing life cycle capital and operating costs for Federal buildings, including residential, commercial, and industrial type categories. Such method shall be consistent with the Office of Management and Budget Circular No. A–94, and shall be adopted and used by all agencies in developing their plans pursuant to subsection (e), annual reports pursuant to subsection (g), and budget estimates pursuant to subsection (h). For purposes of this paragraph, the term "life cycle cost" means the total costs of owning, operating, and maintaining a building over its economic life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems. [References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of
(d) Not later than November 1, 1977, the Secretary, with the concurrence of the Director of the Office of Management and Budget, and after consultation with the Administrator of General Services and the heads of the Executive agencies specified in subsection (a) shall issue guidelines for the plans to be submitted pursuant to subsection (e).
(e)(1) The head of each Executive agency that maintains any existing building or will maintain any new building shall submit no later than six months after the issuance of guidelines pursuant to subsection (d), to the Secretary a ten-year plan designed to the maximum extent practicable to meet the goals in subsection (b) for the total of existing or new Federal buildings. Such ten-year plans shall only consider improvements that are cost-effective consistent with the criteria established by the Director of the Office of Management and Budget (OMB Circular A–94) and the method established pursuant to subsection (c) of this Section. The plan submitted shall specify appropriate energy-saving initiatives and shall estimate the expected improvements by fiscal year in terms of specific accomplishments—energy savings and cost savings—together with the estimated costs of achieving the savings.
(2) The plans submitted shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with over 30,000 gross square feet of space owned and maintained by Executive agencies. Further, the second annual report submitted under subsection (g)(2) of this Section shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with more than 5,000 but not more than 30,000 gross square feet of space. The purpose of such preliminary energy audits shall be to identify the type, size, energy use level and major energy using systems of existing Federal buildings.
(3) The Secretary shall evaluate agency plans relative to the guidelines established pursuant to subsection (d) for such plans and relative to the cost estimating method established pursuant to subsection (c). Plans determined to be deficient by the Secretary will be returned to the submitting agency head for revision and resubmission within 60 days.
(4) The head of any Executive agency submitting a plan, should he disagree with the Secretary's determination with respect to that plan, may appeal to the Director of the Office of Management and Budget for resolution of the disagreement.
(f) The head of each agency submitting a plan or revised plan determined not deficient by the Secretary or, on appeal, by the Director of the Office of Management and Budget, shall implement the plan in accord with approved budget estimates.
(g)(1) Each Executive agency shall submit to the Secretary an overall plan for conserving fuel and energy in all operations of the agency. This overall plan shall be in addition to and include any ten-year plan for energy conservation in Government buildings submitted in accord with Subsection (e).
(2) By July 1 of each year, each Executive agency shall submit a report to the Secretary on progress made toward achieving the goals established in the overall plan required by paragraph (1) of this subsection. The annual report shall include quantitative measures and accomplishment with respect to energy saving actions taken, the cost of these actions, the energy saved, the costs saved, and other benefits realized.
(3) The Secretary shall prepare a consolidated annual report on Federal government progress toward achieving the goals, including aggregate quantitative measures of accomplishment as well as suggested revisions to the ten-year plan, and submit the report to the President by August 15 of each year.
(h) Each agency required to submit a plan shall submit to the Director of the Office of Management and Budget with the agency's annual budget submission, and in accordance with procedures and requirements that the Director shall establish, estimates for implementation of the agency's plan. The Director of the Office of Management and Budget shall consult with the Secretary about the agency budget estimates.
(i) Each agency shall program its proposed energy conservation improvements of buildings so as to give the highest priority to the most cost-effective projects.
(j) No agency of the Federal government may enter into a lease or a commitment to lease a building the construction of which has not commenced by the effective date of this Order unless the building will likely meet or exceed the general goal set forth in subsection (b)(2).
(k) The provisions of this Section do not apply to housing units repossessed by the Federal Government.
Executive Order No. 12759
Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by Ex. Ord. No. 12902, §701, Mar. 8, 1994, 59 F.R. 11471, which provided for minimization of petroleum use in Federal facilities, vehicle fuel efficiency outreach programs, and Federal vehicle fuel efficiency, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
Executive Order No. 12902
Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed executive agencies to implement programs to reduce energy consumption, increase energy efficiency, and conserve water, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
§6202. Definitions
As used in this chapter:
(1) The term "Secretary" means the Secretary of Energy.
(2) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof.
(3) The term "petroleum product" means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).
(4) The term "State" means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States.
(5) The term "United States" when used in the geographical sense means all of the States and the Outer Continental Shelf.
(6) The term "Outer Continental Shelf" has the same meaning as such term has under
(7) The term "international energy program" means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled "Emergency Reserves", (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.
(8) The term "severe energy supply interruption" means a national energy supply shortage which the President determines—
(A) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(B) may cause major adverse impact on national safety or the national economy; and
(C) results, or is likely to result, from (i) an interruption in the supply of imported petroleum products, (ii) an interruption in the supply of domestic petroleum products, or (iii) sabotage, an act of terrorism, or an act of God.
(9) The term "antitrust laws" includes—
(A) the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (
(B) the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (
(C) the Federal Trade Commission Act (
(D) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purpose", approved August 27, 1894 (
(E) the Act of June 19, 1936,
(10) The term "Federal land" means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands—
(A) held in trust for Indians or Alaska Natives,
(B) owned by Indians or Alaska Natives with Federal restrictions on the title,
(C) within any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or
(D) within military reservations.
(
References in Text
This chapter, referred to in introductory clause, was in the original "this Act", meaning
Act approved July 2, 1890, referred to in par. (9)(A), is act July 2, 1890, ch. 647,
Act approved October 15, 1914, referred to in par. (9)(B), is act Oct. 15, 1914, ch. 323,
The Federal Trade Commission Act, referred to in par. (9)(C), is act Sept. 26, 1914, ch. 311,
Act of June 19, 1936,
Amendments
2015—Par. (8)(C)(iii).
1990—Par. (8)(C).
1984—Par. (4).
1978—Par. (1).
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY
Part A—Domestic Supply
§6211. Repealed. Pub. L. 106–469, title I, §103(1), Nov. 9, 2000, 114 Stat. 2029
Section,
§6212. Repealed. Pub. L. 114–113, div. O, title I, §101(a), Dec. 18, 2015, 129 Stat. 2987
Section,
§6212a. Oil exports, safety valve, and maritime security
(a) Omitted
(b) National policy on oil export restriction
Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.
(c) Savings clause
Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (
(d) Exceptions and presidential authority
(1) In general
The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if—
(A) the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register;
(B) the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or
(C) the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that—
(i) the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and
(ii) those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States.
(2) Renewal
Any requirement or restriction imposed pursuant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each.
(
References in Text
The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of
The National Emergencies Act, referred to in subsec. (c), is
The Energy Policy and Conservation Act, referred to in subsec. (c), is
The Trading With the Enemy Act, referred to in subsec. (c), is act Oct. 6, 1917, ch. 106,
This Act, referred to in subsec. (d)(1)(C)(i), is div. O of
Codification
Section was enacted as part of the Consolidated Appropriations Act, 2016, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Section is comprised of section 101 of div. O of
1 See References in Text note below.
§6213. Certain lease bidding arrangements prohibited
(a) Promulgation of rule by Secretary of the Interior
The Secretary of the Interior shall, not later than 30 days after December 22, 1975, prescribe and make effective a rule which prohibits the bidding for any right to develop crude oil, natural gas, and natural gas liquids on any lands located on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and significant ownership interests.
(b) Definitions
As used in this section:
(1) The term "major oil company" means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or significant ownership interest, produced during a prior 6–month period specified by the Secretary, an average daily volume of 1,600,000 barrels of crude oil, natural gas liquids equivalents, and natural gas equivalents.
(2) One barrel of natural gas equivalent equals 5,626 cubic feet of natural gas measured at 14.73 pounds per square inch (MSL) and 60 degrees Fahrenheit.
(3) One barrel of natural gas liquids equivalent equals 1.454 barrels of natural gas liquids at 60 degrees Fahrenheit.
(c) Exemptions
The Secretary may, in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section. In considering any such request, the Secretary may exempt bidding for leases for lands in any area only if the Secretary finds, on the record after opportunity for an agency hearing, that—
(1) such lands have extremely high cost exploration or development problems; and
(2) exploration and development will not occur on such lands unless such exemption is granted.
Findings of the Secretary under this subsection shall be final, and shall not be invalidated unless found to be arbitrary or capricious.
(d) Unitization of producing fields
This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both.
(e) Report to Congress covering extension of restrictions on joint bidding
The Secretary shall study and report to the Congress, not later than 6 months after December 22, 1975, with respect to the feasibility and desirability of extending the prohibition on joint bidding to—
(1) bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and
(2) bidding for any right to develop coal and oil shale on such lands.
(
Amendments
1978—Subsec. (c).
Transfer of Functions
Functions of Secretary of the Interior to promulgate regulations under this chapter relating to fostering of competition for Federal leases and to implementation of alternative bidding systems authorized for award of Federal leases transferred to Secretary of Energy by
§6214. Repealed. Pub. L. 106–469, title I, §103(3), Nov. 9, 2000, 114 Stat. 2029
Section,
§6215. Major fuel burning stationary source
(a) Restrictions on issuance of orders or rules by Governor pursuant to section 7425 of this title
No Governor of a State may issue any order or rule pursuant to
(1) prohibiting such source from using fuels other than locally or regionally available coal or coal derivatives, or
(2) requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives.
(b) Petition to President
(1) The Governor of any State may petition the President to exercise the President's authorities pursuant to
(2) Any petition under paragraph (1) shall include documentation which could support a finding that significant local or regional economic disruption or unemployment would result from use by such source of—
(A) coal or coal derivatives other than locally or regionally available coal,
(B) petroleum products,
(C) natural gas, or
(D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pursuant to
(c) Action to be taken by President
Within 90 days after the submission of a Governor's petition under subsection (b), the President shall either issue an order or rule pursuant to
(1) be consistent with
(2) result in no significant increase in the consumption of energy;
(3) not subject the ultimate consumer to significantly higher energy costs; and
(4) not violate any contractual relationship between such source and any supplier or transporter of fuel to such source.
(d) Effect on authority of President to allocate coal or coal derivatives
Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law.
(e) Definitions
The terms "major fuel burning stationary source (or class or category thereof)" and "locally or regionally available coal or coal derivatives" shall have the meanings assigned to them for the purposes of
(
Amendments
2000—
§6216. Annual Home Heating Readiness Reports
(a) In general
On or before September 1 of each year, the Secretary, acting through the Administrator of the Energy Information Agency, shall submit to Congress a Home Heating Readiness Report on the readiness of the natural gas, heating oil and propane industries to supply fuel under various weather conditions, including rapid decreases in temperature.
(b) Contents
The Home Heating Readiness Report shall include—
(1) estimates of the consumption, expenditures, and average price per gallon of heating oil and propane and thousand cubic feet of natural gas for the upcoming period of October through March for various weather conditions, with special attention to extreme weather, and various regions of the country;
(2) an evaluation of—
(A) global and regional crude oil and refined product supplies;
(B) the adequacy and utilization of refinery capacity;
(C) the adequacy, utilization, and distribution of regional refined product storage capacity;
(D) weather conditions;
(E) the refined product transportation system;
(F) market inefficiencies; and
(G) any other factor affecting the functional capability of the heating oil industry and propane industry that has the potential to affect national or regional supplies and prices;
(3) recommendations on steps that the Federal, State, and local governments can take to prevent or alleviate the impact of sharp and sustained increases in the price of natural gas, heating oil, and propane; and
(4) recommendations on steps that companies engaged in the production, refining, storage, transportation of heating oil or propane, or any other activity related to the heating oil industry or propane industry, can take to prevent or alleviate the impact of sharp and sustained increases in the price of heating oil and propane.
(c) Information requests
The Secretary may request information necessary to prepare the Home Heating Readiness Report from companies described in subsection (b)(4).
(
§6217. Scientific inventory of oil and gas reserves
(a) In general
The Secretary of the Interior, in consultation with the Secretaries of Agriculture and Energy, shall conduct an inventory of all onshore Federal lands. The inventory shall identify—
(1) the United States Geological Survey estimates of the oil and gas resources underlying these lands;
(2) the extent and nature of any restrictions or impediments to the development of the resources, including—
(A) impediments to the timely granting of leases;
(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and
(C) permits or restrictions associated with transporting the resources for entry into commerce; and
(3) the quantity of resources not produced or introduced into commerce because of the restrictions.
(b) Regular update
Once completed, the USGS resource estimates and the surface availability data as provided in subsection (a)(2) shall be regularly updated and made publicly available.
(c) Inventory
The inventory shall be provided to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate within 2 years after November 9, 2000.
(d) Assessments
Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.
(
Codification
Section was enacted as part of the Energy Act of 2000, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments
2005—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b).
Subsec. (d).
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Part B—Strategic Petroleum Reserve
§6231. Congressional finding and declaration of policy
(a) The Congress finds that the storage of substantial quantities of petroleum products will diminish the vulnerability of the United States to the effects of a severe energy supply interruption, and provide limited protection from the short-term consequences of interruptions in supplies of petroleum products.
(b) It is the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products to reduce the impact of disruptions in supplies of petroleum products, to carry out obligations of the United States under the international energy program, and for other purposes as provided for in this chapter.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2000—Subsec. (b).
Study of a Strategic Ethanol Reserve
"(a) The Secretary of Agriculture shall conduct a study of the cost effectiveness, the economic benefits, and the feasibility of establishing, maintaining, and utilizing a Strategic Ethanol Reserve relative to the existing Strategic Petroleum Reserve.
"(b) The study shall be completed within one year after the enactment of this section [Dec. 23, 1985] and shall include, among other considerations—
"(1) the benefits and losses related to the U.S. economy, farm income, employment, government commodity programs, and the trade deficit of utilizing a Strategic Ethanol Reserve, as opposed to the Strategic Petroleum Reserve; and
"(2) the savings from storing ethanol as opposed to storing the amount of CCC-held grain necessary to produce the ethanol.
"(c) If the study shows that the Strategic Ethanol Reserve is cost effective, beneficial to the U.S. economy, and feasible in comparison with the Strategic Petroleum Reserve, the Secretary of Agriculture may establish, maintain, and utilize a Strategic Ethanol Reserve."
Additional Congressional Findings
"(1) the Strategic Petroleum Reserve should be considered a national security asset; and
"(2) enlarging the capacity and filling of the Strategic Petroleum Reserve should be accelerated (to the extent technically and economically practicable) to take advantage of any increased availability of crude oil in the world market from time to time."
§6232. Definitions
As used in this part and part C:
(1) Repealed.
(2) The term "importer" means any person who owns, at the first place of storage, any petroleum product imported into the United States.
(3) Repealed.
(4) The term "interest in land" means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.
(5) The term "readily available inventories" means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks.
(6) The term "refiner" means any person who owns, operates, or controls the operation of any refinery.
(7) Repealed.
(8) The term "related facility" means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines.
(9) The term "Reserve" means the Strategic Petroleum Reserve.
(10) The term "storage facility" means any facility or geological formation which is capable of storing significant quantities of petroleum products.
(11) The term "Strategic Petroleum Reserve" means petroleum products stored in storage facilities pursuant to this part.
(
Amendments
2000—Par. (1).
Par. (3).
Par. (7).
Par. (11).
1990—
§6233. Repealed. Pub. L. 106–469, title I, §103(6), Nov. 9, 2000, 114 Stat. 2030
Section,
§6234. Strategic Petroleum Reserve
(a) Establishment
A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part.
(b) Authority of Secretary
The Secretary, in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.
(c) to (e) Repealed. Pub. L. 106–469, title I, §103(7)(C), Nov. 9, 2000, 114 Stat. 2030
(f) Purpose of drawdown and distribution; requests for funds for storage
(1) The drawdown and distribution of petroleum products from the Strategic Petroleum Reserve is authorized only under
(2) In the Secretary's annual budget submission, the Secretary shall request funds for acquisition, transportation, and injection of petroleum products for storage in the Reserve. If no requests for funds are made, the Secretary shall provide a written explanation of the reason therefore.
(
Amendments
2000—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1998—Subsec. (f).
1992—Subsec. (a).
1978—Subsecs. (b), (d).
Strategic Petroleum Reserve Drawdown Plan
§§6235 to 6238. Repealed. Pub. L. 106–469, title I, §103(8)–(11), Nov. 9, 2000, 114 Stat. 2030
Section 6235,
Section 6236,
Section 6237,
Section 6238,
§6239. Development, operation, and maintenance of the Reserve
(a) to (e) Repealed. Pub. L. 106–469, title I, §103(13)(A), Nov. 9, 2000, 114 Stat. 2030
(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve
In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
(g) Acquisition of property by negotiation as prerequisite to condemnation
Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgement of the Secretary be futile or so time-consuming as to unreasonably delay the development of the Strategic Petroleum Reserve, because of (1) reasonable doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons.
(h), (i) Repealed. Pub. L. 106–469, title I, §103(13)(D), Nov. 9, 2000, 114 Stat. 2031
(j) Expansion beyond 700,000,000 barrels
If the Secretary determines expansion beyond 700,000,000 barrels of petroleum product inventory is appropriate, the Secretary shall submit a plan for expansion to the Congress.
(k) Exemption from subtitle IV of title 49
A storage or related facility of the Strategic Petroleum Reserve owned by or leased to the United States is not subject to the Interstate Commerce Act.
(l) Rulemaking during drawdown and sale
During a drawdown and sale of Strategic Petroleum Reserve petroleum products, the Secretary may issue implementing rules, regulations, or orders in accordance with
(
References in Text
The Interstate Commerce Act, referred to in subsec. (k), is act Feb. 4, 1887, ch. 104,
Amendments
2000—
Subsecs. (a) to (e).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
Subsec. (j).
Subsec. (l).
1990—Subsecs. (i), (j).
Subsec. (k).
Subsec. (l).
1985—Subsec. (e).
1982—Subsec. (f)(5).
Subsec. (h).
1978—Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g).
Energy Security and Infrastructure Modernization Fund
"(a)
"(1) collections deposited in the Fund under subsection (c); and
"(2) amounts otherwise appropriated to the Fund.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A)
"(i) The Strategic Petroleum Reserve is one of the Nation's most valuable energy security assets.
"(ii) The age and condition of the Strategic Petroleum Reserve have diminished its value as a Federal energy security asset.
"(iii) Global oil markets and the location and amount of United States oil production and refining capacity have dramatically changed in the 40 years since the establishment of the Strategic Petroleum Reserve.
"(iv) Maximizing the energy security value of the Strategic Petroleum Reserve requires a modernized infrastructure that meets the drawdown and distribution needs of changed domestic and international oil and refining market conditions.
"(B)
"(i) operational improvements to extend the useful life of surface and subsurface infrastructure;
"(ii) maintenance of cavern storage integrity; and
"(iii) addition of infrastructure and facilities to optimize the drawdown and incremental distribution capacity of the Strategic Petroleum Reserve.
"(e)
"(f)
"(1) an itemization of the amounts of funds necessary to carry out subsection (d); and
"(2) a designation of any activities thereunder for which a multiyear budget authority would be appropriate.
"(g)
§6240. Petroleum products for storage, transport, or exchange
(a) Eligibility of petroleum products
The Secretary may acquire, place in storage, transport, or exchange petroleum products acquired by purchase or exchange.
(b) Objectives in determining manner of acquisition
The Secretary shall, to the greatest extent practicable, acquire petroleum products for the Reserve in a manner consonant with the following objectives:
(1) minimization of the cost of the Reserve;
(2) Repealed.
(3) minimization of the Nation's vulnerability to a severe energy supply interruption;
(4) minimization of the impact of such acquisition upon supply levels and market forces; and
(5) encouragement of competition in the petroleum industry.
(c) Procedures
The Secretary shall develop, with public notice and opportunity for comment, procedures consistent with the objectives of this section to acquire petroleum for the Reserve. Such procedures shall take into account the need to—
(1) maximize overall domestic supply of crude oil (including quantities stored in private sector inventories);
(2) avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers;
(3) minimize the costs to the Department of the Interior and the Department of Energy in acquiring such petroleum products (including foregone revenues to the Treasury when petroleum products for the Reserve are obtained through the royalty-in-kind program);
(4) protect national security;
(5) avoid adversely affecting current and futures prices, supplies, and inventories of oil; and
(6) address other factors that the Secretary determines to be appropriate.
(d), (e) Repealed. Pub. L. 106–469, title I, §103(14)(D), Nov. 9, 2000, 114 Stat. 2031
(f) Predrawdown diversion
If the Secretary finds that a severe energy supply interruption may be imminent, the Secretary may suspend the acquisition of petroleum product for, and the injection of petroleum product into, the Reserve and may sell any petroleum product acquired for and in transit to, but not injected into, the Reserve.
(g) Repealed. Pub. L. 106–469, title I, §103(14)(D), Nov. 9, 2000, 114 Stat. 2031
(h) Purchase from stripper well properties
(1) If the President finds that declines in the production of oil from domestic resources pose a threat to national energy security, the President may direct the Secretary to acquire oil from domestic production of stripper well properties for storage in the Strategic Petroleum Reserve. Except as provided in paragraph (2), the Secretary may set such terms and conditions as he deems necessary for such acquisition.
(2) Crude oil purchased by the Secretary pursuant to this subsection shall be by competitive bid. The price paid by the Secretary—
(A) shall take into account the cost of production including costs of reservoir and well maintenance; and
(B) shall not exceed the price that would have been paid if the Secretary had acquired petroleum products of a similar quality on the open market under competitive bid procedures without regard to the source of the petroleum products.
(
Amendments
2013—Subsec. (a).
"(1) crude oil produced from Federal lands
"(2) crude oil which the United States is entitled to receive in kind as royalties from production on Federal lands; and
"(3) petroleum products acquired by purchase, exchange, or otherwise."
2005—Subsec. (c).
2000—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Subsec. (b)(2).
Subsecs. (c) to (e).
Subsec. (g).
1995—Subsec. (g)(7).
1992—Subsec. (d)(2).
Subsec. (h).
1990—Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(4).
Subsec. (f).
Subsec. (g).
1986—Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C).
1985—Subsec. (d)(1)(C).
Subsec. (d)(3).
Subsec. (e)(1)(B).
Subsec. (e)(2).
Subsec. (e)(3), (4).
1982—Subsec. (c).
Subsec. (e)(4).
1981—Subsec. (c).
1980—Subsec. (c).
Subsec. (d).
Subsec. (e).
1978—
Effective Date of 1982 Amendment
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Filling Strategic Petroleum Reserve to Capacity
Procedures for Acquisition of Petroleum for Reserve
"(B)
"(C)
"(i) propose the procedures required under the amendment made by subparagraph (A) [amending this section] not later than 120 days after the date of enactment of this Act [Aug. 8, 2005];
"(ii) promulgate the procedures not later than 180 days after the date of enactment of this Act; and
"(iii) comply with the procedures in acquiring petroleum for the Reserve effective beginning on the date that is 180 days after the date of enactment of this Act."
Suspension of Test Program Requirements During Fiscal Year 1994
Study and Report on Oil Leasing and Other Arrangements To Fill SPR to One Billion Barrels
Exchange of Agricultural Products for Crude Oil To Be Delivered to Strategic Petroleum Reserve
Allocation to Strategic Petroleum Reserve of Lower Tier Crude Oil and Federal Royalty Oil; Procedures Applicable, Authorities, Etc.
"(a)(1) In order to carry out the requirement of the amendment made by section 801 of this Act [amending this section and enacting provision set out as a note above] and to carry out the policies and objectives established in sections 151 and 160(b)(1) of the Energy Policy and Conservation Act (
"(2) The authority provided by this subsection shall be in addition to, and shall not be deemed to limit, any other authority available to the President under the Emergency Petroleum Allocation Act of 1973 [
"(3) The President or his delegate may promulgate and make effective rules or orders to implement this subsection without regard to the requirements of section 501 of the Department of Energy Organization Act [
"(b) In addition to the requirement under subsection (a), the President may direct that—
"(1) all or any portion of Federal royalty oil be placed in storage in the Reserve,
"(2) all or any portion of Federal royalty oil be exchanged, directly or indirectly, for other crude oil for storage in the Reserve, or
"(3) all or any portion of the proceeds from the sales of Federal royalty oil be transferred to the account established under subsection (c) for use for the purchase of crude oil for the Reserve, as provided in subsection (c).
"(c)(1) Any proceeds—
"(A) from the sale of entitlements received by the Government under the amendment to the regulation made under subsection (a), and
"(B) to the extent provided in subsection (b), from the sale of Federal royalty oil,
shall be deposited in a special account which the Secretary of the Treasury shall establish on the books of the Treasury of the United States.
"(2)(A) Subject to the provisions of any Act enacted pursuant to section 660 of the Department of Energy Organization Act [
"(B) Amounts in such account attributable to the proceeds from the sale of entitlements under the amendment to the regulation under subsection (a) are hereby appropriated for fiscal year 1981 for acquisition of crude oil for the Strategic Petroleum Reserve pursuant to subsection (a).
"(d) For purposes of this section—
"(1) the terms 'entitlements', 'crude oil', and 'allocation' shall have the same meaning as those terms have as used in the Emergency Petroleum Allocation Act of 1973 [
"(2) the term 'lower tier crude oil' means crude oil which is subject to the price ceiling established under section 212.73 of title 10, Code of Federal Regulations;
"(3) the term 'Federal royalty oil' means crude oil which the United States is entitled to receive in kind as royalties from production on Federal land (as such term is defined in section 3(10) of the Energy Policy and Conservation Act (
"(4) the term 'proceeds from the sale of Federal royalty oil' means that portion of the amounts deposited into the Treasury of the United States from the sale of Federal royalty oil which is not otherwise required to be disposed of (other than as miscellaneous receipts) pursuant to (A) the provisions of section 35 of the Act of February 25, 1920, as amended (
Rate of Fill of Strategic Petroleum Reserve
Ex. Ord. No. 12231. Strategic Petroleum Reserve
Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, provided:
By the authority vested in me as President of the United States of America by Title VIII of the Energy Security Act (
1–101. The functions vested in the President by Section 160(c) of the Energy Policy and Conservation Act, as amended, are delegated to the Secretary of Energy (
1–102. The functions vested in the President by
1–103. The functions vested in the President by Section 805(a) of the Energy Security Act [section 805(a) of
Jimmy Carter.
§6241. Drawdown and sale of petroleum products
(a) Power of Secretary
The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section.
(b), (c) Repealed. Pub. L. 106–469, title I, §103(15)(C), Nov. 9, 2000, 114 Stat. 2031
(d) Presidential finding prerequisite to drawdown and sale
(1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program.
(2) For purposes of this section, in addition to the circumstances set forth in
(A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration;
(B) a severe increase in the price of petroleum products has resulted from such emergency situation; and
(C) such price increase is likely to cause a major adverse impact on the national economy.
(e) Sales procedures
(1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products.
(2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section.
(f) Repealed. Pub. L. 106–469, title I, §103(15)(C), Nov. 9, 2000, 114 Stat. 2031
(g) Directive to carry out test drawdown and sale
(1) The Secretary shall conduct a continuing evaluation of the drawdown and sales procedures. In the conduct of an evaluation, the Secretary is authorized to carry out a test drawdown and sale or exchange of petroleum products from the Reserve. Such a test drawdown and sale or exchange may not exceed 5,000,000 barrels of petroleum products.
(2) Repealed.
(3) At least part of the crude oil that is sold or exchanged under this subsection shall be sold or exchanged to or with entities that are not part of the Federal Government.
(4) The Secretary may not sell any crude oil under this subsection at a price less than that which the Secretary determines appropriate and, in no event, at a price less than 95 percent of the sales price, as estimated by the Secretary, of comparable crude oil being sold in the same area at the time the Secretary is offering crude oil for sale in such area under this subsection.
(5) The Secretary may cancel any offer to sell or exchange crude oil as part of any test under this subsection if the Secretary determines that there are insufficient acceptable offers to obtain such crude oil.
(6) In the case of a sale of any petroleum products under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire petroleum products for the Reserve within the 12-month period beginning after completion of the sale.
(7) Rules, regulations, or orders issued in order to carry out this subsection which have the applicability and effect of a rule as defined in
(8)
(A)
(B)
(C)
(i)
(ii)
(h) Prevention or reduction of adverse impact of severe domestic energy supply interruptions
(1) If the President finds that—
(A) a circumstance, other than those described in subsection (d), exists that constitutes, or is likely to become, a domestic or international energy supply shortage of significant scope or duration;
(B) action taken under this subsection would assist directly and significantly in preventing or reducing the adverse impact of such shortage;
(C) the Secretary has found that action taken under this subsection will not impair the ability of the United States to carry out obligations of the United States under the international energy program; and
(D) the Secretary of Defense has found that action taken under this subsection will not impair national security,
then the Secretary may, subject to the limitations of paragraph (2), draw down and sell petroleum products from the Strategic Petroleum Reserve.
(2) Petroleum products from the Reserve may not be drawn down under this subsection—
(A) in excess of an aggregate of 30,000,000 barrels with respect to each such shortage;
(B) for more than 60 days with respect to each such shortage;
(C) if there are fewer than 340,000,000 barrels of petroleum product stored in the Reserve; or
(D) below the level of an aggregate of 340,000,000 barrels of petroleum product stored in the Reserve.
(3) During any period in which there is a drawdown and sale of the Reserve in effect under this subsection, the Secretary shall transmit a monthly report to the Congress containing an account of the drawdown and sale of petroleum products under this subsection and an assessment of its effect.
(4) In no case may the drawdown under this subsection be extended beyond 60 days with respect to any domestic energy supply shortage.
(i) Exchange of withdrawn products
Notwithstanding any other law, the President may permit any petroleum products withdrawn from the Strategic Petroleum Reserve in accordance with this section to be sold and delivered for refining or exchange outside of the United States, in connection with an arrangement for the delivery of refined petroleum products to the United States.
(j) Purchases from Strategic Petroleum Reserve by entities in insular areas of United States and Freely Associated States
(1) Definitions
In this subsection:
(A) Binding offer
The term "binding offer" means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to paragraph (2) of this subsection, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer.
(B) Category of petroleum product
The term "category of petroleum product" means a master line item within a notice of sale.
(C) Eligible entity
The term "eligible entity" means an entity that owns or controls a refinery that is located within the State of Hawaii.
(D) Full tanker load
The term "full tanker load" means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii.
(E) Insular area
The term "insular area" means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Freely Associated States of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(F) Offering
The term "offering" means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale.
(G) Notice of sale
The term "notice of sale" means the document that announces—
(i) the sale of Strategic Petroleum Reserve products;
(ii) the quantity, characteristics, and location of the petroleum product being sold;
(iii) the delivery period for the sale; and
(iv) the procedures for submitting offers.
(2) In general
In the case of an offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve—
(A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may—
(i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of the petroleum product within the category that is the subject of the offering; and
(ii) submit one or more alternative offers, for other categories of the petroleum product, that will be binding if no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and
(B) at the request of the Governor of the State of Hawaii, a petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting.
(3) Limitation on quantity
(A) In general
In administering this subsection, in the case of each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product.
(B) Portion of quantity of previous imports
The Secretary may limit the quantity of a petroleum product that the State of Hawaii may purchase through a binding offer at any offering to 1/12 of the total quantity of imports of the petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative).
(C) Percentage of offering
The Secretary may limit the quantity that may be purchased through binding offers at any offering to 3 percent of the offering.
(4) Adjustments
(A) In general
Notwithstanding any limitation imposed under paragraph (3), in administering this subsection, in the case of each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (7), adjust the quantity to be sold to the State of Hawaii in accordance with this paragraph.
(B) Upward adjustment
The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is—
(i) less than 1 full tanker load; or
(ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load.
(C) Downward adjustment
The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load.
(5) Delivery to other locations
The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, if a petroleum product of similar value or quantity is delivered to the State of Hawaii.
(6) Standard sales provisions
Except as otherwise provided in this chapter, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum products at competitive sales.
(7) Eligible entities
(A) In general
Subject to subparagraphs (B) and (C) and notwithstanding any other provision of this paragraph, if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to carry out this chapter, the eligible entity may act on behalf of the State of Hawaii to carry out this subsection.
(B) Limitation
The Governor of the State of Hawaii shall not certify more than one eligible entity under this paragraph for each notice of sale.
(C) Barred company
If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify the company under this paragraph.
(8) Supplies of petroleum products
At the request of the Governor of an insular area, the Secretary shall, for a period not to exceed 180 days following a drawdown of the Strategic Petroleum Reserve, assist the insular area or the President of a Freely Associated State in its efforts to maintain adequate supplies of petroleum products from traditional and nontraditional suppliers.
(
References in Text
This chapter, referred to in subsec. (j)(6), (7)(A), was in the original "this Act", meaning
Amendments
2018—Subsec. (h)(1)(C), (D).
Subsec. (h)(2)(C), (D).
2016—Subsec. (h)(2)(C), (D).
2015—Subsec. (g)(8).
2000—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(4).
Subsec. (g)(5).
Subsec. (g)(6).
"(6)(A) The minimum required fill rate in effect for any fiscal year shall be reduced by the amount of any crude oil drawdown from the Reserve under this subsection during such fiscal year.
"(B) In the case of a sale of any crude oil under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire crude oil for the Reserve within the 12-month period beginning after the completion of the sale. Such acquisition shall be in addition to any acquisition of crude oil for the Reserve required as part of a fill rate established by any other provision of law."
Subsec. (g)(8).
Subsec. (h)(1).
Subsec. (h)(1)(C).
Subsec. (h)(2).
Subsec. (h)(3).
1998—Subsec. (j).
1992—Subsec. (d).
Subsec. (h)(1)(A).
1990—Subsec. (g)(1).
Subsec. (h).
Subsec. (i).
1985—Subsec. (b).
Subsec. (g).
1978—Subsecs. (a), (e), (f).
Effective Date of 1998 Amendment
"(1) the date that is 180 days after the date of enactment of this Act [Nov. 13, 1998]; or
"(2) the date that final regulations are issued under subsection (b) [set out as a note below]."
Regulations
"(1)
"(2)
"(A) section 523 of the Energy Policy and Conservation Act (
"(B) section 501 of the Department of Energy Organization Act (
Strategic Petroleum Reserve Drawdown and Sale
Provisions related to drawdown and sale from the Strategic Petroleum Reserve were contained in the following acts:
§6242. Coordination with import quota system
No quantitative restriction on the importation of any petroleum product into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve.
(
§6243. Records and accounts
(a) Preparation and maintenance
The Secretary may require any person to prepare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part.
(b) Audit of operations of storage facility
The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part.
(c) Access to and inspection of records or accounts and storage facilities
The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.
(
Amendments
1978—
§6244. Repealed. Pub. L. 106–469, title I, §103(16), Nov. 9, 2000, 114 Stat. 2032
Section,
§6245. Annual report
The Secretary shall report annually to the President and the Congress on actions taken to implement this part. This report shall include—
(1) the status of the physical capacity of the Reserve and the type and quantity of petroleum products in the Reserve;
(2) an estimate of the schedule and cost to complete planned equipment upgrade or capital investment in the Reserve, including upgrades and investments carried out as part of operational maintenance or extension of life activities;
(3) an identification of any life-limiting conditions or operational problems at any Reserve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing those remedial actions;
(4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limitations on those rates and capabilities;
(5) a listing of petroleum product acquisitions made in the preceding year and planned in the following year, including quantity, price, and type of petroleum;
(6) a summary of the actions taken to develop, operate, and maintain the Reserve;
(7) a summary of the financial status and financial transactions of the Strategic Petroleum Reserve and Strategic Petroleum Reserve Petroleum Accounts for the year;
(8) a summary of expenses for the year, and the number of Federal and contractor employees;
(9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part;
(10) a summary of foreign oil storage agreements and their implementation status;
(11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appropriate to implement this part.
(
Amendments
2000—
1995—
1986—Subsec. (a)(1).
1981—
1978—
Effective Date of 1981 Amendment
Amendment by
Reports to Congress on Petroleum Supply Interruptions
"(a)
"(A) examine the equity and efficiency of such reliance,
"(B) distinguish between the impacts of such reliance on various categories of business (including small business and agriculture) and on households of different income levels,
"(C) specify the nature and administration of monetary and fiscal policies that would be followed including emergency tax cuts, emergency block grants, and emergency supplements to income maintenance programs, and
"(D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affecting the distribution of petroleum products.
Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heating oil, and diesel fuel, and on Federal tax revenues, Federal royalty receipts, and State and local tax revenues.
"(2) Within one year after the date of the enactment of this Act [Aug. 3, 1982], the Secretary of Energy shall submit a report to the Congress and the President containing the analysis required by this subsection, including a detailed step-by-step description of the procedures by which the policies specified in paragraph (1)(C) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate.
"(b)
"(1) a description of the foreseeable situations (including selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international energy program necessitating distributions from the Strategic Petroleum Reserve, and
"(2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justification underlying each such strategy.
The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and distribution of petroleum products from the Reserve in any such distribution, and an explanation of the disposition of revenues arising from sales of any such petroleum products under the strategy.
"(c)
"(1) an assessment of the ability to transport petroleum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act;
"(2) the comparative costs of creating and operating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and
"(3) a list of potential sites for Regional Petroleum Reserves.
"(d)
"(e)
§6246. Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this part and part D, to remain available until expended.
(
Prior Provisions
A prior section 6246,
§6247. SPR Petroleum Account
(a) Establishment
The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the "SPR Petroleum Account" (hereinafter in this section referred to as the "Account").
(b) Obligation of funds for acquisition, transportation, and injection of petroleum products into SPR
Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, for test sales of petroleum products from the Reserve, and for the drawdown, sale, and delivery of petroleum products from the Reserve—
(1) Repealed.
(2) in the case of any fiscal year, subject to
(3) in the case of any fiscal year, notwithstanding
Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation.
(c) Provision and deposit of funds
The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Secretary of Energy under subsection (b).
(d) Off-budgeting procedures
The Account, the deposits and withdrawals from the Account, and the transactions, receipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under
(1) shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States; and
(2) shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of
(
References in Text
Amendments
2000—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (e).
"(1) Except as provided in paragraph (2), nothing in this part shall be construed to limit the Account from being used to meet expenses relating to interim storage facilities for the storage of petroleum products for the Strategic Petroleum Reserve.
"(2) In any fiscal year, amounts in the Account may not be obligated for expenses relating to interim storage facilities in excess of 10 percent of the total amounts in the Account obligated in such fiscal year. If the amount obligated in any fiscal year for interim storage expenses is less than the amount of the 10-percent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applicable in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obligated for such expenses."
1992—Subsec. (d).
1990—Subsec. (b)(3).
Subsec. (d).
1985—Subsec. (b)(3).
Subsec. (d).
1982—Subsec. (e).
Effective Date
Section effective Aug. 13, 1981, see section 1038 of
Transfer of Funds to SPR Petroleum Account for Drawdown and Sale Operations
Acquisition, Transportation, and Injection of Petroleum Products for SPR; Applicability of Subsec. (d)
§6247a. Use of underutilized facilities
(a) Authority
Notwithstanding any other provision of this subchapter, the Secretary, by lease or otherwise, for any term and under such other conditions as the Secretary considers necessary or appropriate, may store in underutilized Strategic Petroleum Reserve facilities petroleum product 1 owned by a foreign government or its representative. Petroleum products stored under this section are not part of the Strategic Petroleum Reserve and may be exported without license from the United States.
(b) Protection of facilities
All agreements entered into pursuant to subsection (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of petroleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States on behalf of the foreign government or its representative.
(c) Access to stored oil
The Secretary shall ensure that agreements to store petroleum products for foreign governments or their representatives do not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an International Energy Program.
(d) Availability of funds
Funds collected through the leasing of Strategic Petroleum Reserve facilities authorized by subsection (a) after September 30, 2007, shall be used by the Secretary of Energy without further appropriation for the purchase of petroleum products for the Strategic Petroleum Reserve.
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title I of
1 So in original. Probably should be "products".
§6247b. Purchase of oil from marginal wells
(a) In general
From amounts authorized under
(b) Definition of marginal well
The term "marginal well" has the same meaning as the definition of "stripper well property" in
(
Part C—Authority To Contract for Petroleum Product Not Owned by United States
Prior Provisions
A prior part C, consisting of
§6249. Contracting for petroleum product and facilities
(a) In general
Subject to the other provisions of this part, the Secretary may contract—
(1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and
(2) for storage, in storage facilities other than those of the Reserve, of petroleum product either owned or not owned by the United States.
(b) Conditions
(1) Petroleum product stored pursuant to such a contract shall, until the expiration, termination, or other conclusion of the contract, be a part of the Reserve and subject to the Secretary's authority under part B.
(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) only if—
(A) the Secretary determines (i) that entering into one or more contracts under such subsection would achieve benefits comparable to the acquisition of an equivalent amount of petroleum product, or an equivalent volume of storage capacity, for the Reserve under part B, and (ii) that, because of budgetary constraints, the acquisition of an equivalent amount of petroleum product or volume of storage space for the Reserve cannot be accomplished under part B; and
(B) the Secretary notifies each House of the Congress of the determination and identifies in the notification the location, type, and ownership of storage and related facilities proposed to be included, or the volume, type, and ownership of petroleum products proposed to be stored, in the Reserve, and an estimate of the proposed benefits.
(3) A contract entered into under subsection (a) shall not limit the discretion of the President or the Secretary to conduct a drawdown and sale of petroleum products from the Reserve.
(4) A contract entered into under subsection (a) shall include a provision that the obligation of the United States to make payments under the contract in any fiscal year is subject to the availability of appropriations.
(c) Charge for storage
The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) with or without charge or may pay a fee for its storage.
(d) Duration
Contracts entered into under subsection (a) may be of such duration as the Secretary considers necessary or appropriate.
(e) Binding arbitration
The Secretary may agree to binding arbitration of disputes under any contract entered into under subsection (a).
(f) Availability of funds
The Secretary may utilize such funds as are available in the SPR Petroleum Account to carry out the activities described in subsection (a), and may obligate and expend such funds to carry out such activities, in advance of the receipt of petroleum products.
(
Prior Provisions
A prior section 171 of
Amendments
2000—Subsec. (b)(2)(B).
Subsec. (b)(3).
1992—Subsec. (f).
§6249a. Implementation
(a), (b) Repealed. Pub. L. 106–469, title I, §103(21), Nov. 9, 2000, 114 Stat. 2033
(c) Legal status regarding other law
Petroleum product and facilities contracted for under this part have the same status as petroleum product and facilities owned by the United States for all purposes associated with the exercise of the laws of any State or political subdivision thereof.
(d) Return of product
At such time as the petroleum product contracted for under this part is withdrawn from the Reserve upon the expiration, termination, or other conclusion of the contract, such petroleum product (or the equivalent quantity of petroleum product withdrawn from the Reserve pursuant to the contract) shall be deemed, for purposes of determining the extent to which such product is thereafter subject to any Federal, State, or local law or regulation, not to have left the place where such petroleum product was located at the time it was originally committed to a contract under this part.
(
Amendments
2000—Subsecs. (a), (b).
"(a)
"(b)
§6249b. Repealed. Pub. L. 106–469, title I, §103(22), Nov. 9, 2000, 114 Stat. 2033
Section,
§6249c. Contracts for which implementing legislation is needed
(a) In general
(1) In the case of contracts entered into under this part, and amendments to such contracts, for which implementing legislation will be needed, the Secretary may transmit an implementing bill to both Houses of the Congress.
(2) In the Senate, any such bill shall be considered in accordance with the provisions of this section.
(3) For purposes of this section—
(A) the term "implementing bill" means a bill introduced in either House of Congress with respect to one or more contracts or amendments to contracts submitted to the House of Representatives and the Senate under this section and which contains—
(i) a provision approving such contracts or amendments, or both; and
(ii) legislative provisions that are necessary or appropriate for the implementation of such contracts or amendments, or both; and
(B) the term "implementing revenue bill" means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
(b) Consultation
The Secretary shall consult, at the earliest possible time and on a continuing basis, with each committee of the House and the Senate that has jurisdiction over all matters expected to be affected by legislation needed to implement any such contract.
(c) Effective date
Each contract and each amendment to a contract for which an implementing bill is necessary may become effective only if—
(1) the Secretary, not less than 30 days before the day on which such contract is entered into, notifies the House of Representatives and the Senate of the intention to enter into such a contract and promptly thereafter publishes notice of such intention in the Federal Register;
(2) after entering into the contract, the Secretary transmits a report to the House of Representatives and to the Senate containing a copy of the final text of such contract together with—
(A) the implementing bill, and an explanation of how the implementing bill changes or affects existing law; and
(B) a statement of the reasons why the contract serves the interests of the United States and why the implementing bill is required or appropriate to implement the contract; and
(3) the implementing bill is enacted into law.
(d) Rules of Senate
Subsections (e) through (h) are enacted by the Congress—
(1) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate but applicable only with respect to the procedure to be followed in the Senate in the case of implementing bills and implementing revenue bills described in subsection (a), and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(e) Introduction and referral in Senate
(1) On the day on which an implementing bill is transmitted to the Senate under this section, the implementing bill shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate.
(2) If the Senate is not in session on the day on which such an agreement is submitted, the implementing bill shall be introduced in the Senate, as provided in the 1 paragraph (1), on the first day thereafter on which the Senate is in session.
(3) Such bills shall be referred by the presiding officer of the Senate to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.
(f) Consideration of amendments to implementing bill prohibited in Senate
(1) No amendments to an implementing bill shall be in order in the Senate, and it shall not be in order in the Senate to consider an implementing bill that originated in the House if such bill passed the House containing any amendment to the introduced bill.
(2) No motion to suspend the application of this subsection shall be in order in the Senate; nor shall it be in order in the Senate for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.
(g) Discharge in Senate
(1) Except as provided in paragraph (3), if the committee or committees of the Senate to which an implementing bill has been referred have not reported it at the close of the 30th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill, and it shall be placed on the appropriate calendar.
(2) A vote on final passage of the bill shall be taken in the Senate on or before the close of the 15th day after the bill is reported by the committee or committees to which it was referred or after such committee or committees have been discharged from further consideration of the bill.
(3) The provisions of paragraphs (1) and (2) shall not apply in the Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be, subject to subsection (f)(1), referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate, such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill.
(4) For purposes of this subsection, in computing a number of days in the Senate, there shall be excluded any day on which the Senate is not in session.
(h) Floor consideration in Senate
(1) A motion in the Senate to proceed to the consideration of an implementing bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill shall be limited to not more than one hour to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill is not in order.
(
1 So in original. The word "the" probably should not appear.
Part D—Northeast Home Heating Oil Reserve
Prior Provisions
A prior part D, consisting of
§6250. Establishment
(a) Notwithstanding any other provision of this chapter, the Secretary may establish, maintain, and operate in the Northeast a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this subchapter. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.
(b) For the purposes of this part—
(1) the term "Northeast" means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey;
(2) the term "petroleum distillate" includes heating oil and diesel fuel; and
(3) the term "Reserve" means the Northeast Home Heating Oil Reserve established under this part.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
A prior section 181 of
§6250a. Authority
To the extent necessary or appropriate to carry out this part, the Secretary may—
(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;
(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;
(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;
(4) store petroleum distillate in facilities not owned by the United States; and
(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part, including to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.
(
§6250b. Conditions for release; plan
(a) Finding
The Secretary may sell products from the Reserve only upon a finding by the President that there is a severe energy supply interruption. Such a finding may be made only if he determines that—
(1) a dislocation in the heating oil market has resulted from such interruption; or
(2) a circumstance, other than that described in paragraph (1), exists that constitutes a regional supply shortage of significant scope and duration and that action taken under this section would assist directly and significantly in reducing the adverse impact of such shortage.
(b) Definition
For purposes of this section a "dislocation in the heating oil market" shall be deemed to occur only when—
(1) The price differential between crude oil, as reflected in an industry daily publication such as "Platt's Oilgram Price Report" or "Oil Daily" and No. 2 heating oil, as reported in the Energy Information Administration's retail price data for the Northeast, increases by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average), and continues for 7 consecutive days; and
(2) The price differential continues to increase during the most recent week for which price information is available.
(c) Continuing evaluation
The Secretary shall conduct a continuing evaluation of the residential price data supplied by the Energy Information Administration for the Northeast and data on crude oil prices from published sources.
(d) Release of petroleum distillate
After consultation with the heating oil industry, the Secretary shall determine procedures governing the release of petroleum distillate from the Reserve. The procedures shall provide that—
(1) the Secretary may—
(A) sell petroleum distillate from the Reserve through a competitive process, or
(B) enter into exchange agreements for the petroleum distillate that results 1 in the Secretary receiving a greater volume of petroleum distillate as repayment than the volume provided to the acquirer;
(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent in petroleum distillate that provides the Department with fair market value. At no time may the oil be sold or exchanged resulting in a loss of revenue or value to the United States; and
(3) the Secretary shall only sell or dispose of the oil in the Reserve to entities customarily engaged in the sale and distribution of petroleum distillate.
(e) Plan
Within 45 days of November 9, 2000, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing—
(1) the acquisition of storage and related facilities or storage services for the Reserve, including the potential use of storage facilities not currently in use;
(2) the acquisition of petroleum distillate for storage in the Reserve;
(3) the anticipated methods of disposition of petroleum distillate from the Reserve;
(4) the estimated costs of establishment, maintenance, and operation of the Reserve;
(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies to the Northeast; and
(6) actions to ensure quality of the petroleum distillate in the Reserve.
(
Amendments
2005—Subsec. (b)(1).
1 So in original. Probably should be "result".
§6250c. Northeast Home Heating Oil Reserve Account
(a) Establishment
Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the "Northeast Home Heating Oil Reserve Account" (referred to in this section as the "Account").
(b) Deposits
the 1 Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of petroleum distillate from the Reserve.
(c) Obligation of amounts
The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.
(
1 So in original. Probably should be capitalized.
§6250d. Exemptions
An action taken under this part is not subject to the rulemaking requirements of
(
§6250e. Repealed. Pub. L. 109–58, title III, §301(a)(2), Aug. 8, 2005, 119 Stat. 683
Section,
§6250f. Limit on amount of petroleum distillate
Notwithstanding
(
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Part E—Expiration
§6251. Repealed. Pub. L. 109–58, title III, §301(a)(3), Aug. 8, 2005, 119 Stat. 683
Section,
SUBCHAPTER II—STANDBY ENERGY AUTHORITIES
Part A—General Emergency Authorities
§§6261 to 6264. Repealed. Pub. L. 106–469, title I, §104(1), Nov. 9, 2000, 114 Stat. 2033
Section 6261,
Section 6262,
Section 6263,
Section 6264,
Part B—Authorities With Respect to International Energy Program
§6271. International oil allocations
(a) Authority of President to prescribe rules for implementation of obligations of United States relating to international allocation of petroleum products; amounts of allocation and prices; petroleum products subject to rule; term of rule
The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President.
(b) Prerequisites to rule taking effect; time rule may be put into effect or remain in effect
(1) No rule under subsection (a) may take effect unless the President—
(A) has transmitted such rule to the Congress;
(B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and
(C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule.
(2) No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A).
(c) Consistency of rule with attainment of objectives specified in section 753(b)(1) 1 of title 15; limitation on authority of officers or agencies of United States
(1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 753(b)(1) 1 of title 15.
(2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program.
(d) Nonapplicability of export restrictions under other laws
Neither section 6212 1 of this title nor
(e) Prerequisites for effectiveness of rule
No rule under this section may be put into effect unless—
(1) an international energy supply emergency, as defined in the first sentence of
(2) the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.
(
References in Text
Amendments
1998—Subsec. (e)(1).
1982—Subsec. (e).
1 See References in Text note below.
§6272. International voluntary agreements
(a) Exclusiveness of section's requirements
Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to—
(1) the development or carrying out of voluntary agreements and plans of action to implement the international emergency response provisions, and
(2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action.
(b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action
The Secretary, with the approval of the Attorney General, after each of them has consulted with the Federal Trade Commission and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the international emergency response provisions.
(c) Requirements for standards and procedures
The standards and procedures prescribed under subsection (b) shall include the following requirements:
(1)(A)(i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full-time Federal employee.
(ii) Meetings of bodies created by the International Energy Agency established by the international energy program need not be open to interested persons and need not be initiated and chaired by a regular full-time Federal employee.
(iii) The President, in consultation with the Secretary, the Secretary of State, and the Attorney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attendance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy interests of the United States.
(B) No meetings may be held to develop or carry out a voluntary agreement or plan of action under this section unless a regular full-time Federal employee is present.
(2) Interested persons permitted to attend such a meeting shall be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings, subject to any reasonable limitations with respect to the manner of presentation of data, views, and arguments as the Secretary may impose.
(3) A full and complete record, and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and complete record shall be kept of any communication (other than in a meeting) made, between or among participants or potential participants, to develop, or carry out a voluntary agreement or a plan of action under this section. Such record or transcript shall be deposited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspection and copying in accordance with
(4) No provision of this section may be exercised so as to prevent representatives of committees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agreements kept or made under this section. Such access to any transcript that is required to be kept for any meeting shall be provided as soon as practicable (but not later than 14 days) after that meeting.
(d) Participation of Attorney General and Federal Trade Commission in development and carrying out of voluntary agreements and plans of action
(1) The Attorney General and the Federal Trade Commission shall participate from the beginning in the development, and when practicable, in the carrying out of voluntary agreements and plans of action authorized under this section. Each may propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of this part. A voluntary agreement or plan of action under this section may not be carried out unless approved by the Attorney General, after consultation with the Federal Trade Commission. Prior to the expiration of the period determined under paragraph (2), the Federal Trade Commission shall transmit to the Attorney General its views as to whether such an agreement or plan of action should be approved, and shall publish such views in the Federal Register. The Attorney General, in consultation with the Federal Trade Commission, the Secretary of State, and the Secretary, shall have the right to review, amend, modify, disapprove, or revoke, on his own motion or upon the request of the Federal Trade Commission or any interested person, any voluntary agreement or plan of action at any time, and, if revoked, thereby withdraw prospectively any immunity which may be conferred by subsection (f) or (j).
(2) Any voluntary agreement or plan of action entered into pursuant to this section shall be submitted in writing to the Attorney General and the Federal Trade Commission 20 days before being implemented; except that during an international energy supply emergency, the Secretary, subject to approval of the Attorney General, may reduce such 20-day period. Any such agreement or plan of action shall be available for public inspection and copying, except that a plan of action shall be so available only to the extent to which records or transcripts are so available as provided in the last sentence of subsection (c)(3). Any action taken pursuant to such voluntary agreement or plan of action shall be reported to the Attorney General and the Federal Trade Commission pursuant to such regulations as shall be prescribed under paragraphs (3) and (4) of subsection (e).
(3) A plan of action may not be approved by the Attorney General under this subsection unless such plan (A) describes the types of substantive actions which may be taken under the plan, and (B) is as specific in its description of proposed substantive actions as is reasonable in light of circumstances known at the time of approval.
(e) Monitoring of development and carrying out of voluntary agreements and plans of action by Attorney General and Federal Trade Commission
(1) The Attorney General and the Federal Trade Commission shall monitor the development and carrying out of voluntary agreements and plans of action authorized under this section in order to promote competition and to prevent anticompetitive practices and effects, while achieving substantially the purposes of this part.
(2) In addition to any requirement specified under subsections (b) and (c) of this section and in order to carry out the purposes of this section, the Attorney General, in consultation with the Federal Trade Commission and the Secretary, may promulgate rules concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section.
(3) Persons developing or carrying out voluntary agreements and plans of action authorized pursuant to this section shall maintain such records as are required by rules promulgated under paragraph (2). The Attorney General and the Federal Trade Commission shall have access to and the right to copy such records at reasonable times and upon reasonable notice.
(4) The Attorney General and the Federal Trade Commission may each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such purposes and for purposes of enforcement any powers conferred upon the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act [
(f) Defense to civil or criminal antitrust actions
(1) There shall be available as a defense to any civil or criminal action brought under the antitrust laws (or any similar State law) in respect to actions taken to develop or carry out a voluntary agreement or plan of action by persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products (provided that such actions were not taken for the purpose of injuring competition) that—
(A) such actions were taken—
(i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or
(ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and
(B) such persons complied with the requirements of this section and the rules promulgated hereunder.
(2) Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the defense demonstrates that the actions were specified in, or within the reasonable contemplation of, an approved voluntary agreement or plan of action.
(3) Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition.
(g) Acts or practices occurring prior to date of enactment of chapter or subsequent to its expiration or repeal
No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any act or practice which occurred prior to the date of enactment of this chapter or subsequent to its expiration or repeal.
(h) Applicability of Defense Production Act of 1950
(1) the international energy program; or
(2) any allocation, price control, or similar program with respect to petroleum products under this chapter.
(i) Reports by Attorney General and Federal Trade Commission to Congress and President
The Attorney General and the Federal Trade Commission shall each submit to the Congress and to the President, at such intervals as are appropriate based on significant developments and issues, reports on the impact on competition and on small business of actions authorized by this section.
(j) Defense in breach of contract actions
In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an international energy supply emergency to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section.
(k) Definitions
As used in this section and
(1) The term "international energy supply emergency" means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required. Such a period may not exceed 90 days, but the President may establish one or more additional 90-day periods by making anew the determination under subparagraph (A) of the preceding sentence. Any determination respecting the beginning or end of any such period shall be published in the Federal Register.
(2) The term "international emergency response provisions" means—
(A) the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in the program; and
(B) the emergency response measures adopted by the Governing Board of the International Energy Agency (including the July 11, 1984, decision by the Governing Board on "Stocks and Supply Disruptions") for—
(i) the coordinated drawdown of stocks of petroleum products held or controlled by governments; and
(ii) complementary actions taken by governments during an existing or impending international oil supply disruption.
(l) Applicability of antitrust defense
The antitrust defense under subsection (f) shall not extend to the international allocation of petroleum products unless allocation is required by chapters III and IV of the international energy program during an international energy supply emergency.
(m) Limitation on new plans of action
(1) With respect to any plan of action approved by the Attorney General after July 2, 1985—
(A) the defenses under subsection (f) and (j) shall be applicable to Type 1 activities (as that term is defined in the International Energy Agency Emergency Management Manual, dated December 1982) only if—
(i) the Secretary has transmitted such plan of action to the Congress; and
(ii)(I) 90 calendar days of continuous session have elapsed since receipt by the Congress of such transmittal; or
(II) within 90 calendar days of continuous session after receipt of such transmittal, either House of the Congress has disapproved a joint resolution of disapproval pursuant to subsection (n); and
(B) such defenses shall not be applicable to Type 1 activities if there has been enacted, in accordance with subsection (n), a joint resolution of disapproval.
(2) The Secretary may withdraw the plan of action at any time prior to adoption of a joint resolution described in subsection (n)(3) by either House of Congress.
(3) For the purpose of this subsection—
(A) continuity of session is broken only by an adjournment of the Congress sine die at the end of the second session of Congress; and
(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved.
(n) Joint resolution of disapproval
(1)(A) The application of defenses under subsections (f) and (j) for Type 1 activities with respect to any plan of action transmitted to Congress as described in subsection (m)(1)(A)(i) shall be disapproved if a joint resolution of disapproval has been enacted into law during the 90-day period of continuous session after which such transmission was received by the Congress. For the purpose of this subsection, the term "joint resolution" means only a joint resolution of either House of the Congress as described in paragraph (3).
(B) After receipt by the Congress of such plan of action, a joint resolution of disapproval may be introduced in either House of the Congress. Upon introduction in the Senate, the joint resolution shall be referred in the Senate immediately to the Committee on Energy and Natural Resources of the Senate.
(2) This subsection is enacted by the Congress—
(A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by paragraph (3); it supersedes other rules only to the extent that is inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(3) The joint resolution disapproving the transmission under subsection (m) shall read as follows after the resolving clause: "That the Congress of the United States disapproves the availability of the defenses pursuant to section 252 (f) and (j) of the Energy Policy and Conservation Act with respect to Type 1 activities under the plan of action submitted to the Congress by the Secretary of Energy on .", the blank space therein being filled with the date and year of receipt by the Congress of the plan of action transmitted as described in subsection (m).
(4)(A) If the Committee on Energy and Natural Resources of the Senate has not reported a joint resolution referred to it under this subsection at the end of 20 calendar days of continuous session after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other joint resolution which has been referred to the committee with respect to such plan of action.
(B) A motion to discharge shall be highly privileged (except that it may not be made after the Committee on Energy and Natural Resources has reported a joint resolution with respect to the plan of action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the joint resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other joint resolution with respect to the same transmission.
(5)(A) When the Committee on Energy and Natural Resources of the Senate has reported or has been discharged from further consideration of a joint resolution, it shall be in order at any time thereafter within the 90-day period following receipt by the Congress of the plan of action (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider a vote by which the motion was agreed to or disagreed to.
(B) Debate on the joint resolution shall be limited to not more than 10 hours and final action on the joint resolution shall occur immediately following conclusion of such debate. A motion further to limit debate shall not be debatable. A motion to recommit such a joint resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such a joint resolution was agreed to or disagreed to.
(6)(A) Motions to postpone made with respect to the discharge from committee or consideration of a joint resolution, shall be decided without debate.
(B) Appeals from the decision of the Chair relating to the application of rules of the Senate to the procedures relating to a joint resolution shall be decided without debate.
(
References in Text
The Antitrust Civil Process Act, referred to in subsec. (e)(4), is
The date of enactment of this chapter, referred to in subsec. (g), means the date of enactment of
This chapter, referred to in subsec. (h)(2), was in the original "this Act", meaning
Section 252(f) and (j) of the Energy Policy and Conservation Act, referred to in subsection (n)(3), is classified to subsecs. (f) and (j) of this section.
Amendments
1998—Subsecs. (a)(1), (b).
Subsec. (d)(3).
Subsec. (e)(2).
Subsec. (f)(2).
Subsec. (h).
Subsec. (k)(2).
Subsec. (l).
1995—Subsec. (i).
1985—Subsec. (d)(1).
Subsecs. (j) to (l).
Subsecs. (m), (n).
1984—Subsec. (j).
1982—Subsec. (j).
Subsec. (m).
1981—Subsec. (j).
1979—Subsec. (c)(4).
Subsec. (j).
1978—Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2), (e)(2).
Study and Report on Energy Policy Cooperation Between United States and Other Western Hemisphere Countries
Report of Implementation Activities Under International Voluntary Agreements
Classification of Certain Information and Material
For provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under
§6273. Advisory committees
(a) Authority of Secretary to establish; applicability of section 17 of Federal Energy Administration Act of 1974; chairman; inclusion of representatives of public; public meetings; notice of meeting to Attorney General and Federal Trade Commission; attendance and participation of their representatives
To achieve the purposes of the international energy program with respect to international allocation of petroleum products and the information system provided in such program, the Secretary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 [
(b) Transcript of meetings
A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with
(c) Suspension of application of certain requirements by President
The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the application of—
(1) sections 10 and 11 of the Federal Advisory Committee Act,
(2) subsections (b) and (c) of section 17 1 of the Federal Energy Administration Act of 1974,
(3) the requirement under subsection (a) of this section that meetings be open to the public, and
(4) the second sentence of subsection (b);
if the President determines with respect to a particular meeting, (A) that such suspension is essential to the developing or carrying out of the international energy program, (B) that such suspension relates solely to the purpose of international allocation of petroleum products and the information system provided in such program, and (C) that the meeting deals with matters described in
(
References in Text
The Federal Energy Administration Act of 1974, referred to in subsec. (a), is
Sections 10 and 11 of the Federal Advisory Committee Act, referred to in subsec. (c)(1), are sections 10 and 11 of
Section 17 of the Federal Energy Administration Act of 1974, referred to in subsec. (c)(2), was classified to
Amendments
1978—Subsecs. (a), (c).
Classification of Certain Information and Material
For provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
1 See References in Text note below.
§6274. Exchange of information with International Energy Agency
(a) Submission of information by Secretary to Secretary of State; transmittal to Agency; aggregation and reporting of geological or geophysical information, trade secrets, or commercial or financial information; availability of such information during international energy supply emergency; certification by President that Agency has adopted security measures; review of compliance of other nations with program; petition to President for changes in procedure
(1) Except as provided in subsections (b) and (c), the Secretary, after consultation with the Attorney General, may provide to the Secretary of State, and the Secretary of State may transmit to the International Energy Agency established by the international energy program, the information and data related to the energy industry certified by the Secretary of State as required to be submitted under the international energy program.
(2)(A) Except as provided in subparagraph (B) of this paragraph, any such information or data which is geological or geophysical information or a trade secret or commercial or financial information to which section 552(b)(9) or (b)(4) of title 5 applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise reported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information or data, and in the case of geological or geophysical information, a competitive disadvantage to such person.
(B)(i) Notwithstanding subparagraph (A) of this paragraph, during an international energy supply emergency, any such information or data with respect to the international allocation of petroleum products may be made available to the International Energy Agency is otherwise authorized to be made available to such Agency by paragraph (1) of this subsection.
(ii) Subparagraph (A) shall not apply to information described in subparagraph (A) (other than geological or geophysical information) if the President certifies, after opportunity for presentation of views by interested persons, that the International Energy Agency has adopted and is implementing security measures which assure that such information will not be disclosed by such Agency or its employees to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data.
(3)(A) Within 90 days after December 22, 1975, and periodically thereafter, the President shall review the operation of this section and shall determine whether other signatory nations to the international energy program are transmitting information and data to the International Energy Agency in substantial compliance with such program. If the President determines that other nations are not so complying, paragraph (2)(B)(ii) shall not apply until he determines other nations are so complying.
(B) Any person who believes he has been or will be damaged by the transmittal of information or data pursuant to this section shall have the right to petition the President and to request changes in procedures which will protect such person from any competitive damage.
(b) Halting transmittal of information that would prejudice competition, violate antitrust laws, or be inconsistent with security interests
If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or be inconsistent with United States national security interests, he may require that such data or information not be transmitted.
(c) Information protected by statute
Information and data the confidentiality of which is protected by statute shall not be provided by the Secretary to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Secretary has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the confidentiality provisions of such statutory authority, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international organization or foreign country.
(d) Continuation of authority to collect data under Energy Supply and Environmental Coordination Act and Federal Energy Administration Act of 1974
For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by sections 11 and 13 of the Energy Supply and Environmental Coordination Act [
(e) Limitation on disclosure contained in other laws
The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to—
(1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 [
(2) section 14(b) of the Federal Energy Administration Act of 1974 [
(3) section 12 1 of the Export Administration Act of 1979;
(4)
(5)
(6)
(
References in Text
The provisions of such Acts relating to their expiration, referred to in subsec. (d), means section 11(g) of
Section 12 of the Export Administration Act of 1979, referred to in subsec. (e)(3), was classified to
Amendments
1979—Subsec. (e)(3).
1978—Subsecs. (a)(1), (c).
Effective Date of 1979 Amendment
Amendment by
1 See References in Text note below.
§6275. Relationship between standby emergency authorities and international energy program
The purpose of the Congress in enacting this subchapter is to provide standby energy emergency authority to deal with energy shortage conditions and to minimize economic dislocations and adverse impacts on employment. While the authorities contained in this subchapter may, to the extent authorized by this subchapter, be used to carry out obligations incurred by the United States in connection with the International Energy Program, this subchapter shall not be construed in any way as advice and consent, ratification, endorsement, or other form of congressional approval of the specific terms of such program.
(
§6276. Domestic renewable energy industry and related service industries
(a) Purpose
It is the purpose of this section to implement the responsibilities of the United States under chapter VII of the international energy program with respect to development of alternative energy by facilitating the overall abilities of the domestic renewable energy industry and related service industries to create new markets.
(b) Evaluation; report to Congress
(1) Before the later of—
(A) 6 months after July 18, 1984, and
(B) May 31, 1985,
the Secretary of Commerce shall conduct an evaluation regarding the domestic renewable energy industry and related service industries and submit a report of his findings to the Congress.
(2) Such evaluation shall include—
(A) an assessment of the technical and commercial status of the domestic renewable energy industry and related service industries in domestic and foreign markets;
(B) an assessment of the Federal Government's activities affecting commerce in the domestic renewable energy industry and related service industries and in consolidating and coordinating such activities within the Federal Government; and
(C) an assessment of the aspects of the domestic renewable energy industry and related service industries in which improvements must be made to increase the international commercialization of such industry.
(c) Program for enhancing commerce in renewable energy technologies; funding
(1) On the basis of the evaluation under subsection (b), the Secretary of Commerce shall, consistent with existing law, establish a program for enhancing commerce in renewable energy technologies and consolidating or coordinating existing activities for such purpose.
(2) Such program shall provide for—
(A) the broadening of the participation by the domestic renewable energy industry and related service industries in such activities;
(B) the promotion of the domestic renewable energy industry and related service industries on a worldwide basis;
(C) the participation by the Federal Government and the domestic renewable energy industry and related service industries in international standard-setting activities; and
(D) the establishment of an information program under which—
(i) technical information about the domestic renewable energy industry and related service industries shall be provided to appropriate public and private officials engaged in commerce, and to potential end users, including other industry sectors in foreign countries such as health care, rural development, communications, and refrigeration, and others, and
(ii) marketing information about export and export financing opportunities shall be available to the domestic renewable energy industry and related service industries.
(3) Necessary funds required for carrying out such program shall be requested in connection with fiscal years beginning after September 30, 1984.
(d) Interagency working group
(1) Establishment
(A) There shall be established an interagency working group that, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting exports of renewable energy and energy efficiency products and services. The interagency working group shall establish a program to inform foreign countries of the benefits of policies that would increase energy efficiency or would allow facilities that use renewable energy to compete effectively with producers of energy from nonrenewable sources.
(B) There shall be established an Interagency Working Subgroup on Renewable Energy and an Interagency Working Subgroup on Energy Efficiency that shall, in consultation with representative industry groups, nonprofit organizations, and relevant Federal agencies, make recommendations to coordinate the actions and programs of the Federal Government to promote the export of domestic renewable energy and energy efficiency products and services, respectively.
(C) The Secretary of Energy, or the Secretary's designee, shall chair the interagency working group and each subgroup established under this paragraph. The Administrator of the Agency for International Development and the Secretary of Commerce, or their designees, shall be members of both subgroups established under this paragraph. The Secretary shall provide staff for carrying out the functions of the interagency working group and each subgroup established under this paragraph. The heads of appropriate agencies may detail such personnel and may furnish such services to such group and subgroups, with or without reimbursement, as may be necessary to carry out their functions.
(2) Duties of the interagency working subgroups
(A) The interagency working subgroups established under paragraph (1)(B), through the member agencies of the interagency working group, shall promote the development and application in foreign countries of renewable energy and energy efficiency products and services, respectively, that—
(i) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and
(ii) use hybrid fossil-renewable energy systems.
(B) In addition, the interagency working subgroups shall explore mechanisms for assisting domestic firms, particularly small businesses, with the export of their renewable energy and energy efficiency products and services and with the identification of potential projects.
(3) Training and assistance
The interagency working subgroups shall encourage the member agencies of the interagency working group to—
(A) provide technical training and education for international development personnel and local users in their own country;
(B) provide financial and technical assistance to nonprofit institutions that support the marketing and export efforts of domestic companies that provide renewable energy and energy efficiency products and services;
(C) develop environmentally sustainable renewable energy and energy efficiency projects in foreign countries;
(D) provide technical assistance and training materials to loan officers of the World Bank, international lending institutions, commercial and energy attaches at embassies of the United States and other appropriate personnel in order to provide information about renewable energy and energy efficiency products and services to foreign governments or other potential project sponsors;
(E) support, through financial incentives, private sector efforts to commercialize and export renewable energy and energy efficiency products and services; and
(F) augment budgets for trade and development programs in order to support pre-feasibility or feasibility studies for projects that utilize renewable energy and energy efficiency products and services.
(4) Study of export promotion practices
The interagency working group shall conduct a study of subsidies, incentives, and policies that foreign countries use to promote exports of their own renewable energy and energy efficiency technologies and products. Such study shall also identify foreign trade barriers to the import of renewable energy and energy efficiency technologies and products produced in the United States. The interagency working group shall report to the appropriate committees of the House of Representatives and the Senate the results of such study within 18 months after October 24, 1992.
(e) Omitted
(f) Functions of interagency working group; plan to increase United States exports of renewable energy and energy efficiency technologies
(1) The interagency working group shall—
(A) establish, in consultation with representatives of affected industries, a plan to increase United States exports of renewable energy and energy efficiency technologies, and include in such plan recommended guidelines for agencies that are represented on the working group with respect to the financing of, or other actions they can take within their programs to promote, exports of such renewable energy and energy efficiency technologies;
(B) develop, in consultation with representatives of affected industries, recommended administrative guidelines for Federal export loan programs to simplify application by firms seeking export assistance for renewable energy and energy efficiency technologies from agencies implementing such programs; and
(C) recommend specific renewable energy and energy efficiency technology markets for primary emphasis by Federal export loan programs, development programs, and private sector assistance programs.
(2) The interagency working group shall include a description of the plan established under paragraph (1)(A) in no later than the second report submitted under subsection (e),1 and shall include in subsequent reports a description of any modifications to such plan and of the progress in implementing the plan.
(g) Repealed. Pub. L. 102–486, title XII, §1207(c), Oct. 24, 1992, 106 Stat. 2963
(h) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to implement this part, to remain available until expended.
(
References in Text
Subsection (e) of this section, referred to in subsec. (f)(2), was omitted from the Code.
Codification
Subsec. (e) of this section, which required the interagency working group established under subsec. (d) of this section to annually report to Congress, describing the actions of each agency represented by a member of the working group taken during the previous fiscal year to achieve the purposes of such working group and of this section and describing the exports of renewable energy technology that have occurred as a result of such agency actions, terminated, effective May 15, 2000, pursuant to section 3003 of
Amendments
2003—Subsec. (h).
2000—Subsec. (h).
1996—Subsec. (h).
1992—Subsec. (d).
"(1) There shall be established an interagency working group which, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting commerce in renewable energy products and related services. The Secretary of Energy shall be the chairman of such group. The heads of appropriate agencies may detail such personnel and may furnish such services to such working group, with or without reimbursement, as may be necessary to carry out its functions.
"(2) The interagency group shall establish a program to inform other countries of the benefits of policies that would allow small facilities which produce renewable energy to compete effectively with producers of energy from nonrenewable sources."
Subsec. (d)(4).
Subsec. (f)(1).
Subsec. (g).
Subsec. (h).
"(1) $3,000,000 for fiscal year 1991;
"(2) $3,300,000 for fiscal year 1992; and
"(3) $3,600,000 for fiscal year 1993."
1989—Subsec. (c)(2)(D)(i).
Subsec. (c)(2)(D)(ii).
Subsec. (d).
Subsecs. (e) to (h).
Effective Date
1 See References in Text note below.
Part C—Summer Fill and Fuel Budgeting Programs
Codification
Prior Provisions
A prior part C, consisting of sections 6281 and 6282, was repealed by
Section 6281,
Section 6282,
§6283. Summer fill and fuel budgeting programs
(a) Definitions
In this section:
(1) Budget contract
The term "budget contract" means a contract between a retailer and a consumer under which the heating expenses of the consumer are spread evenly over a period of months.
(2) Fixed-price contract
The term "fixed-price contract" means a contract between a retailer and a consumer under which the retailer charges the consumer a set price for propane, kerosene, or heating oil without regard to market price fluctuations.
(3) Price cap contract
The term "price cap contract" means a contract between a retailer and a consumer under which the retailer charges the consumer the market price for propane, kerosene, or heating oil, but the cost of the propane, kerosene, or heating oil may exceed a maximum amount stated in the contract.
(b) Assistance
At the request of the chief executive officer of a State, the Secretary shall provide information, technical assistance, and funding—
(1) to develop education and outreach programs to encourage consumers to fill their storage facilities for propane, kerosene, and heating oil during the summer months; and
(2) to promote the use of budget contracts, price cap contracts, fixed-price contracts, and other advantageous financial arrangements,
to avoid severe seasonal price increases for and supply shortages of those products.
(c) Preference
In implementing this section, the Secretary shall give preference to States that contribute public funds or leverage private funds to develop State summer fill and fuel budgeting programs.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $25,000,000 for fiscal year 2001; and
(2) such sums as are necessary for each fiscal year thereafter.
(
Amendments
2005—Subsec. (e).
Part D—Expiration
§6285. Repealed. Pub. L. 109–58, title III, §301(b)(3), Aug. 8, 2005, 119 Stat. 683
Section,
SUBCHAPTER III—IMPROVING ENERGY EFFICIENCY
Part A—Energy Conservation Program for Consumer Products Other Than Automobiles
Codification
This part was, in the original, designated part B and has been redesignated as part A for purposes of codification.
§6291. Definitions
For purposes of this part:
(1) The term "consumer product" means any article (other than an automobile, as defined in
(A) which in operation consumes, or is designed to consume, energy or, with respect to showerheads, faucets, water closets, and urinals, water; and
(B) which, to any significant extent, is distributed in commerce for personal use or consumption by individuals;
without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual, except that such term includes fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, showerheads, faucets, water closets, and urinals distributed in commerce for personal or commercial use or consumption.
(2) The term "covered product" means a consumer product of a type specified in
(3) The term "energy" means electricity, or fossil fuels. The Secretary may, by rule, include other fuels within the meaning of the term "energy" if he determines that such inclusion is necessary or appropriate to carry out the purposes of this chapter.
(4) The term "energy use" means the quantity of energy directly consumed by a consumer product at point of use, determined in accordance with test procedures under
(5) The term "energy efficiency" means the ratio of the useful output of services from a consumer product to the energy use of such product, determined in accordance with test procedures under
(6) The term "energy conservation standard" means—
(A) a performance standard which prescribes a minimum level of energy efficiency or a maximum quantity of energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use, for a covered product, determined in accordance with test procedures prescribed under
(B) a design requirement for the products specified in paragraphs (6), (7), (8), (10), (15), (16), (17), and (20) of
includes any other requirements which the Secretary may prescribe under
(7) The term "estimated annual operating cost" means the aggregate retail cost of the energy which is likely to be consumed annually, and in the case of showerheads, faucets, water closets, and urinals, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually, in representative use of a consumer product, determined in accordance with
(8) The term "measure of energy consumption" means energy use, energy efficiency, estimated annual operating cost, or other measure of energy consumption.
(9) The term "class of covered products" means a group of covered products, the functions or intended uses of which are similar (as determined by the Secretary).
(10) The term "manufacture" means to manufacture, produce, assemble or import.
(11) The terms "import" and "importation" mean to import into the customs territory of the United States.
(12) The term "manufacturer" means any person who manufactures a consumer product.
(13) The term "retailer" means a person to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale.
(14) The term "distributor" means a person (other than a manufacturer or retailer) to whom a consumer product is delivered or sold for purposes of distribution in commerce.
(15)(A) The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label.
(B) A consumer product bears a private label if (i) such product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of such product, (ii) the person with whose brand or trademark such product (or container) is labeled has authorized or caused such product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label.
(16) The terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to import, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce.
(17) The term "commerce" means trade, traffic, commerce, or transportation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(18) The term "Commission" means the Federal Trade Commission.
(19) The term "AV" is the adjusted volume for refrigerators, refrigerator-freezers, and freezers, as defined in the applicable test procedure prescribed under
(20) The term "annual fuel utilization efficiency" means the efficiency descriptor for furnaces and boilers, determined using test procedures prescribed under
(A) weatherized warm air furnaces or boilers are located out-of-doors;
(B) warm air furnaces which are not weatherized are located indoors and all combustion and ventilation air is admitted through grills or ducts from the outdoors and does not communicate with air in the conditioned space; and
(C) boilers which are not weatherized are located within the heated space.
(21) The term "central air conditioner" means a product, other than a packaged terminal air conditioner, which—
(A) is powered by single phase electric current;
(B) is air-cooled;
(C) is rated below 65,000 Btu per hour;
(D) is not contained within the same cabinet as a furnace the rated capacity of which is above 225,000 Btu per hour; and
(E) is a heat pump or a cooling only unit.
(22) The term "efficiency descriptor" means the ratio of the useful output to the total energy input, determined using the test procedures prescribed under
(A) For furnaces and direct heating equipment, annual fuel utilization efficiency.
(B) For room air conditioners, energy efficiency ratio.
(C) For central air conditioning and central air conditioning heat pumps, seasonal energy efficiency ratio.
(D) For water heaters, energy factor.
(E) For pool heaters, thermal efficiency.
(23) The term "furnace" means a product which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which—
(A) is designed to be the principal heating source for the living space of a residence;
(B) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour;
(C) is an electric central furnace, electric boiler, forced-air central furnace, gravity central furnace, or low pressure steam or hot water boiler; and
(D) has a heat input rate of less than 300,000 Btu per hour for electric boilers and low pressure steam or hot water boilers and less than 225,000 Btu per hour for forced-air central furnaces, gravity central furnaces, and electric central furnaces.
(24) The terms "heat pump" or "reverse cycle" mean a product, other than a packaged terminal heat pump, which—
(A) consists of one or more assemblies;
(B) is powered by single phase electric current;
(C) is rated below 65,000 Btu per hour;
(D) utilizes an indoor conditioning coil, compressors, and refrigerant-to-outdoor-air heat exchanger to provide air heating; and
(E) may also provide air cooling, dehumidifying, humidifying circulating, and air cleaning.
(25) The term "pool heater" means an appliance designed for heating nonpotable water contained at atmospheric pressure, including heating water in swimming pools, spas, hot tubs and similar applications.
(26) The term "thermal efficiency of pool heaters" means a measure of the heat in the water delivered at the heater outlet divided by the heat input of the pool heater as measured under test conditions specified in section 2.8.1 of the American National Standard for Gas Fired Pool Heaters, Z21.56–1986, or as may be prescribed by the Secretary.
(27) The term "water heater" means a product which utilizes oil, gas, or electricity to heat potable water for use outside the heater upon demand, including—
(A) storage type units which heat and store water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less, oil storage water heaters with an input of 105,000 Btu per hour or less, and electric storage water heaters with an input of 12 kilowatts or less;
(B) instantaneous type units which heat water but contain no more than one gallon of water per 4,000 Btu per hour of input, including gas instantaneous water heaters with an input of 200,000 Btu per hour or less, oil instantaneous water heaters with an input of 210,000 Btu per hour or less, and electric instantaneous water heaters with an input of 12 kilowatts or less; and
(C) heat pump type units, with a maximum current rating of 24 amperes at a voltage no greater than 250 volts, which are products designed to transfer thermal energy from one temperature level to a higher temperature level for the purpose of heating water, including all ancillary equipment such as fans, storage tanks, pumps, or controls necessary for the device to perform its function.
(28) The term "weatherized warm air furnace or boiler" means a furnace or boiler designed for installation outdoors, approved for resistance to wind, rain, and snow, and supplied with its own venting system.
(29)(A) The term "fluorescent lamp ballast" means a device which is used to start and operate fluorescent lamps by providing a starting voltage and current and limiting the current during normal operation.
(B) The term "ANSI standard" means a standard developed by a committee accredited by the American National Standards Institute.
(C) The term "ballast efficacy factor" means the relative light output divided by the power input of a fluorescent lamp ballast, as measured under test conditions specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
(D)(i) The term "F40T12 lamp" means a nominal 40 watt tubular fluorescent lamp which is 48 inches in length and one-and-a-half inches in diameter, and conforms to ANSI standard C78.81–2003 (Data Sheet 7881–ANSI–1010–1).
(ii) The term "F96T12 lamp" means a nominal 75 watt tubular fluorescent lamp which is 96 inches in length and one-and-a-half inches in diameter, and conforms to ANSI standard C78.81–2003 (Data Sheet 7881–ANSI–3007–1).
(iii) The term "F96T12HO lamp" means a nominal 110 watt tubular fluorescent lamp which is 96 inches in length and one-and-a-half inches in diameter, and conforms to ANSI standard C78.81–2003 (Data Sheet 7881–ANSI–1019–1).
(E) The term "input current" means the root-mean-square (RMS) current in amperes delivered to a fluorescent lamp ballast.
(F) The term "luminaire" means a complete lighting unit consisting of a fluorescent lamp or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply through the ballast.
(G) The term "ballast input voltage" means the rated input voltage of a fluorescent lamp ballast.
(H) The term "nominal lamp watts" means the wattage at which a fluorescent lamp is designed to operate.
(I) The term "power factor" means the power input divided by the product of ballast input voltage and input current of a fluorescent lamp ballast, as measured under test conditions specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
(J) The term "power input" means the power consumption in watts of a ballast and fluorescent lamp or lamps, as determined in accordance with the test procedures specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
(K) The term "relative light output" means the light output delivered through the use of a ballast divided by the light output delivered through the use of a reference ballast, expressed as a percent, as determined in accordance with the test procedures specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
(L) The term "residential building" means a structure or portion of a structure which provides facilities or shelter for human residency, except that such term does not include any multifamily residential structure of more than three stories above grade.
(M) The term "F34T12 lamp" (also known as a "F40T12/ES lamp") means a nominal 34 watt tubular fluorescent lamp that is 48 inches in length and 1½ inches in diameter, and conforms to ANSI standard C78.81–2003 (Data Sheet 7881–ANSI–1006–1).
(N) The term "F96T12/ES lamp" means a nominal 60 watt tubular fluorescent lamp that is 96 inches in length and 1½ inches in diameter, and conforms to ANSI standard C78.81–2003 (Data Sheet 7881–ANSI–3006–1).
(O) The term "F96T12HO/ES lamp" means a nominal 95 watt tubular fluorescent lamp that is 96 inches in length and 1½ inches in diameter, and conforms to ANSI standard C78.81–2003 (Data Sheet 7881–ANSI–1017–1).
(P) The term "replacement ballast" means a ballast that—
(i) is designed for use to replace an existing ballast in a previously installed luminaire;
(ii) is marked "FOR REPLACEMENT USE ONLY";
(iii) is shipped by the manufacturer in packages containing not more than 10 ballasts; and
(iv) has output leads that when fully extended are a total length that is less than the length of the lamp with which the ballast is intended to be operated.
(30)(A) Except as provided in subparagraph (E), the term "fluorescent lamp" means a low pressure mercury electric-discharge source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into light, including only the following:
(i) Any straight-shaped lamp (commonly referred to as 4-foot medium bi-pin lamps) with medium bi-pin bases of nominal overall length of 48 inches and rated wattage of 28 or more.
(ii) Any U-shaped lamp (commonly referred to as 2-foot U-shaped lamps) with medium bi-pin bases of nominal overall length between 22 and 25 inches and rated wattage of 28 or more.
(iii) Any rapid start lamp (commonly referred to as 8-foot high output lamps) with recessed double contact bases of nominal overall length of 96 inches and 0.800 nominal amperes, as defined in ANSI C78.1–1978 and related supplements.
(iv) Any instant start lamp (commonly referred to as 8-foot slimline lamps) with single pin bases of nominal overall length of 96 inches and rated wattage of 52 or more, as defined in ANSI C78.3–1978 (R1984) and related supplement ANSI C78.3a–1985.
(B) The term "general service fluorescent lamp" means fluorescent lamps which can be used to satisfy the majority of fluorescent applications, but does not include any lamp designed and marketed for the following nongeneral lighting applications:
(i) Fluorescent lamps designed to promote plant growth.
(ii) Fluorescent lamps specifically designed for cold temperature installations.
(iii) Colored fluorescent lamps.
(iv) Impact-resistant fluorescent lamps.
(v) Reflectorized or aperture lamps.
(vi) Fluorescent lamps designed for use in reprographic equipment.
(vii) Lamps primarily designed to produce radiation in the ultra-violet region of the spectrum.
(viii) Lamps with a color rendering index of 87 or greater.
(C) Except as provided in subparagraph (E), the term "incandescent lamp" means a lamp in which light is produced by a filament heated to incandescence by an electric current, including only the following:
(i) Any lamp (commonly referred to as lower wattage nonreflector general service lamps, including any tungsten-halogen lamp) that has a rated wattage between 30 and 199 watts, has an E26 medium screw base, has a rated voltage or voltage range that lies at least partially within 115 and 130 volts, and is not a reflector lamp.
(ii) Any lamp (commonly referred to as a reflector lamp) which is not colored or designed for rough or vibration service applications, that contains an inner reflective coating on the outer bulb to direct the light, an R, PAR, ER, BR, BPAR, or similar bulb shapes with E26 medium screw bases, a rated voltage or voltage range that lies at least partially within 115 and 130 volts, a diameter which exceeds 2.25 inches, and has a rated wattage that is 40 watts or higher.
(iii) Any general service incandescent lamp (commonly referred to as a high- or higher-wattage lamp) that has a rated wattage above 199 watts (above 205 watts for a high wattage reflector lamp).
(D)
(i)
(I) is intended for general service applications;
(II) has a medium screw base;
(III) has a lumen range of not less than 310 lumens and not more than 2,600 lumens or, in the case of a modified spectrum lamp, not less than 232 lumens and not more than 1,950 lumens; and
(IV) is capable of being operated at a voltage range at least partially within 110 and 130 volts.
(ii)
(I) An appliance lamp.
(II) A black light lamp.
(III) A bug lamp.
(IV) A colored lamp.
(V) An infrared lamp.
(VI) A left-hand thread lamp.
(VII) A marine lamp.
(VIII) A marine signal service lamp.
(IX) A mine service lamp.
(X) A plant light lamp.
(XI) A reflector lamp.
(XII) A rough service lamp.
(XIII) A shatter-resistant lamp (including a shatter-proof lamp and a shatter-protected lamp).
(XIV) A sign service lamp.
(XV) A silver bowl lamp.
(XVI) A showcase lamp.
(XVII) A 3-way incandescent lamp.
(XVIII) A traffic signal lamp.
(XIX) A vibration service lamp.
(XX) A G shape lamp (as defined in ANSI C78.20–2003 and C79.1–2002 1 with a diameter of 5 inches or more.
(XXI) A T shape lamp (as defined in ANSI C78.20–2003 and C79.1–2002) and 2 that uses not more than 40 watts or has a length of more than 10 inches.
(XXII) A B, BA, CA, F, G16–1/2, G–25, G30, S, or M–14 lamp (as defined in ANSI C79.1–2002 and ANSI C78.20–2003) of 40 watts or less.
(E) The terms "fluorescent lamp" and "incandescent lamp" do not include any lamp excluded by the Secretary, by rule, as a result of a determination that standards for such lamp would not result in significant energy savings because such lamp is designed for special applications or has special characteristics not available in reasonably substitutable lamp types.
(F) The term "incandescent reflector lamp" means a lamp described in subparagraph (C)(ii).
(G) The term "average lamp efficacy" means the lamp efficacy readings taken over a statistically significant period of manufacture with the readings averaged over that period.
(H) The term "base" means the portion of the lamp which connects with the socket as described in ANSI C81.61–1990.
(I) The term "bulb shape" means the shape of lamp, especially the glass bulb with designations for bulb shapes found in ANSI C79.1–1980 (R1984).
(J) The term "color rendering index" or "CRI" means the measure of the degree of color shift objects undergo when illuminated by a light source as compared with the color of those same objects when illuminated by a reference source of comparable color temperature.
(K) The term "correlated color temperature" means the absolute temperature of a blackbody whose chromaticity most nearly resembles that of the light source.
(L) The term "IES" means the Illuminating Engineering Society of North America.
(M) The term "lamp efficacy" means the lumen output of a lamp divided by its wattage, expressed in lumens per watt (LPW).
(N) The term "lamp type" means all lamps designated as having the same electrical and lighting characteristics and made by one manufacturer.
(O) The term "lamp wattage" means the total electrical power consumed by a lamp in watts, after the initial seasoning period referenced in the appropriate IES standard test procedure and including, for fluorescent, arc watts plus cathode watts.
(P) The terms "life" and "lifetime" mean length of operating time of a statistically large group of lamps between first use and failure of 50 percent of the group in accordance with test procedures described in the IES Lighting Handbook-Reference Volume.
(Q) The term "lumen output" means total luminous flux (power) of a lamp in lumens, as measured in accordance with applicable IES standards as determined by the Secretary.
(R) The term "tungsten-halogen lamp" means a gas-filled tungsten filament incandescent lamp containing a certain proportion of halogens in an inert gas.
(S)(i) The term "medium base compact fluorescent lamp" means an integrally ballasted fluorescent lamp with a medium screw base and a rated input voltage of 115 to 130 volts and which is designed as a direct replacement for a general service incandescent lamp.
(ii) The term "medium base compact fluorescent lamp" does not include—
(I) any lamp that is—
(aa) specifically designed to be used for special purpose applications; and
(bb) unlikely to be used in general purpose applications, such as the applications described in subparagraph (D); or
(II) any lamp not described in subparagraph (D) that is excluded by the Secretary, by rule, because the lamp is—
(aa) designed for special applications; and
(bb) unlikely to be used in general purpose applications.
(T)
(i) is specifically designed to operate in a household appliance and has a maximum wattage of 40 watts, including an oven lamp, refrigerator lamp, and vacuum cleaner lamp; and
(ii) when sold at retail, is designated and marketed for the intended application, with—
(I) the designation on the lamp packaging; and
(II) marketing materials that identify the lamp as being for appliance use.
(U)
(V)
(W)
(i) is not a colored incandescent lamp; and
(ii) when operated at the rated voltage and wattage of the incandescent lamp—
(I) has a color point with (x,y) chromaticity coordinates on the Commission Internationale de l'Eclairage (C.I.E.) 1931 chromaticity diagram that lies below the black-body locus; and
(II) has a color point with (x,y) chromaticity coordinates on the C.I.E. 1931 chromaticity diagram that lies at least 4 MacAdam steps (as referenced in IESNA LM16) distant from the color point of a clear lamp with the same filament and bulb shape, operated at the same rated voltage and wattage.
(X)
(i) has a minimum of 5 supports with filament configurations that are C–7A, C–11, C–17, and C–22 as listed in Figure 6–12 of the 9th edition of the IESNA Lighting handbook, or similar configurations where lead wires are not counted as supports; and
(ii) is designated and marketed specifically for "rough service" applications, with—
(I) the designation appearing on the lamp packaging; and
(II) marketing materials that identify the lamp as being for rough service.
(Y) 3-
(i) employs 2 filaments, operated separately and in combination, to provide 3 light levels; and
(ii) is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp.
(Z)
(i) has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken; and
(ii) is designated and marketed for the intended application, with—
(I) the designation on the lamp packaging; and
(II) marketing materials that identify the lamp as being shatter-resistant, shatter-proof, or shatter-protected.
(AA)
(i) has filament configurations that are C–5, C–7A, or C–9, as listed in Figure 6–12 of the 9th Edition of the IESNA Lighting Handbook or similar configurations;
(ii) has a maximum wattage of 60 watts;
(iii) is sold at retail in packages of 2 lamps or less; and
(iv) is designated and marketed specifically for vibration service or vibration-resistant applications, with—
(I) the designation appearing on the lamp packaging; and
(II) marketing materials that identify the lamp as being vibration service only.
(BB)
(i)
(I) general service incandescent lamps;
(II) compact fluorescent lamps;
(III) general service light-emitting diode (LED or OLED) lamps; and
(IV) any other lamps that the Secretary determines are used to satisfy lighting applications traditionally served by general service incandescent lamps.
(ii)
(I) any lighting application or bulb shape described in any of subclauses (I) through (XXII) of subparagraph (D)(ii); or
(II) any general service fluorescent lamp or incandescent reflector lamp.
(CC)
(i)
(ii)
(I) the infrared region;
(II) the visible region; or
(III) the ultraviolet region.
(DD)
(EE)
(i) a color rendering index of less than 50, as determined according to the test method given in C.I.E. publication 13.3–1995; or
(ii) a correlated color temperature of less than 2,500K, or greater than 4,600K, where correlated temperature is computed according to the Journal of Optical Society of America, Vol. 58, pages 1528–1595 (1986).
(31)(A) The term "water use" means the quantity of water flowing through a showerhead, faucet, water closet, or urinal at point of use, determined in accordance with test procedures under
(B) The term "ASME" means the American Society of Mechanical Engineers.
(C) The term "ANSI" means the American National Standards Institute.
(D) The term "showerhead" means any showerhead (including a handheld showerhead), except a safety shower showerhead.
(E) The term "faucet" means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet.
(F) The term "water closet" has the meaning given such term in ASME A112.19.2M–1990, except such term does not include fixtures designed for installation in prisons.
(G) The term "urinal" has the meaning given such term in ASME A112.19.2M–1990, except such term does not include fixtures designed for installation in prisons.
(H) The terms "blowout", "flushometer tank", "low consumption", and "flushometer valve" have the meaning given such terms in ASME A112.19.2M–1990.
(32) The term "battery charger" means a device that charges batteries for consumer products, including battery chargers embedded in other consumer products.
(33)(A) The term "commercial prerinse spray valve" means a handheld device designed and marketed for use with commercial dishwashing and ware washing equipment that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue before cleaning the items.
(B) The Secretary may modify the definition of "commercial prerinse spray valve" by rule—
(i) to include products—
(I) that are extensively used in conjunction with commercial dishwashing and ware washing equipment;
(II) the application of standards to which would result in significant energy savings; and
(III) the application of standards to which would meet the criteria specified in
(ii) to exclude products—
(I) that are used for special food service applications;
(II) that are unlikely to be widely used in conjunction with commercial dishwashing and ware washing equipment; and
(III) the application of standards to which would not result in significant energy savings.
(34) The term "dehumidifier" means a self-contained, electrically operated, and mechanically encased assembly consisting of—
(A) a refrigerated surface (evaporator) that condenses moisture from the atmosphere;
(B) a refrigerating system, including an electric motor;
(C) an air-circulating fan; and
(D) means for collecting or disposing of the condensate.
(35)(A) The term "distribution transformer" means a transformer that—
(i) has an input voltage of 34.5 kilovolts or less;
(ii) has an output voltage of 600 volts or less; and
(iii) is rated for operation at a frequency of 60 Hertz.
(B) The term "distribution transformer" does not include—
(i) a transformer with multiple voltage taps, the highest of which equals at least 20 percent more than the lowest;
(ii) a transformer that is designed to be used in a special purpose application and is unlikely to be used in general purpose applications, such as a drive transformer, rectifier transformer, auto-transformer, Uninterruptible Power System transformer, impedance transformer, regulating transformer, sealed and nonventilating transformer, machine tool transformer, welding transformer, grounding transformer, or testing transformer; or
(iii) any transformer not listed in clause (ii) that is excluded by the Secretary by rule because—
(I) the transformer is designed for a special application;
(II) the transformer is unlikely to be used in general purpose applications; and
(III) the application of standards to the transformer would not result in significant energy savings.
(36)
(A)
(i)
(ii)
(I) light-emitting diodes providing illumination;
(II) organic light-emitting diodes providing illumination; or
(III) ceiling fans using direct current motors.
(B)
(C)
(i)
(I) is designed to convert line voltage AC input into lower voltage AC or DC output;
(II) is able to convert to only 1 AC or DC output voltage at a time;
(III) is sold with, or intended to be used with, a separate end-use product that constitutes the primary load;
(IV) is contained in a separate physical enclosure from the end-use product;
(V) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and
(VI) has nameplate output power that is less than or equal to 250 watts.
(ii)
(I) requires Federal Food and Drug Administration listing and approval as a medical device in accordance with
(II) powers the charger of a detachable battery pack or charges the battery of a product that is fully or primarily motor operated.
(D)
(37) The term "illuminated exit sign" means a sign that—
(A) is designed to be permanently fixed in place to identify an exit; and
(B) consists of an electrically powered integral light source that—
(i) illuminates the legend "EXIT" and any directional indicators; and
(ii) provides contrast between the legend, any directional indicators, and the background.
(38) The term "low-voltage dry-type distribution transformer" means a distribution transformer that—
(A) has an input voltage of 600 volts or less;
(B) is air-cooled; and
(C) does not use oil as a coolant.
(39) The term "pedestrian module" means a light signal used to convey movement information to pedestrians.
(40) The term "refrigerated bottled or canned beverage vending machine" means a commercial refrigerator that cools bottled or canned beverages and dispenses the bottled or canned beverages on payment.
(41) The term "standby mode" means the lowest power consumption mode, as established on an individual product basis by the Secretary, that—
(A) cannot be switched off or influenced by the user; and
(B) may persist for an indefinite time when an appliance is—
(i) connected to the main electricity supply; and
(ii) used in accordance with the instructions of the manufacturer.
(42) The term "torchiere" means a portable electric lamp with a reflector bowl that directs light upward to give indirect illumination.
(43) The term "traffic signal module" means a standard 8-inch (200mm) or 12-inch (300mm) traffic signal indication that—
(A) consists of a light source, a lens, and all other parts necessary for operation; and
(B) communicates movement messages to drivers through red, amber, and green colors.
(44) The term "transformer" means a device consisting of 2 or more coils of insulated wire that transfers alternating current by electromagnetic induction from 1 coil to another to change the original voltage or current value.
(45)(A) The term "unit heater" means a self-contained fan-type heater designed to be installed within the heated space.
(B) The term "unit heater" does not include a warm air furnace.
(46)
(A)
(i) the light-producing arc is stabilized by the arc tube wall temperature; and
(ii) the arc tube wall loading is in excess of 3 Watts/cm2.
(B)
(47)
(A)
(B)
(48)
(49) The term "ceiling fan" means a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades.
(50) The term "ceiling fan light kit" means equipment designed to provide light from a ceiling fan that can be—
(A) integral, such that the equipment is attached to the ceiling fan prior to the time of retail sale; or
(B) attachable, such that at the time of retail sale the equipment is not physically attached to the ceiling fan, but may be included inside the ceiling fan at the time of sale or sold separately for subsequent attachment to the fan.
(51) The term "medium screw base" means an Edison screw base identified with the prefix E–26 in the "American National Standard for Electric Lamp Bases", ANSI/IEC C81.61–2003, published by the American National Standards Institute.
(52)
(A) contained in a separate enclosure from the product; and
(B) intended to be removed or disconnected from the product for recharging.
(53)
(A) is designed and marketed for operation of mercury vapor lamps used in quality inspection, industrial processing, or scientific use, including fluorescent microscopy and ultraviolet curing; and
(B) in the case of a specialty application mercury vapor lamp ballast, the label of which—
(i) provides that the specialty application mercury vapor lamp ballast is "For specialty applications only, not for general illumination"; and
(ii) specifies the specific applications for which the ballast is designed.
(54) BPAR
(55) BR
(A) BR
(i) a bulged section below the major diameter of the bulb and above the approximate baseline of the bulb, as shown in figure 1 (RB) on page 7 of ANSI C79.1–1994, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on December 19, 2007); and
(ii) a finished size and shape shown in ANSI C78.21–1989, including the referenced reflective characteristics in part 7 of ANSI C78.21–1989, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on December 19, 2007).
(B) BR30.—The term "BR30" means a BR incandescent reflector lamp with a diameter of 30/8ths of an inch.
(C) BR40.—The term "BR40" means a BR incandescent reflector lamp with a diameter of 40/8ths of an inch.
(56) ER
(A) ER
(i) an elliptical section below the major diameter of the bulb and above the approximate baseline of the bulb, as shown in figure 1 (RE) on page 7 of ANSI C79.1–1994, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on December 19, 2007); and
(ii) a finished size and shape shown in ANSI C78.21–1989, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on December 19, 2007).
(B) ER30.—The term "ER30" means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.
(C) ER40.—The term "ER40" means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.
(57) R20
(58)
(59)
(A)
(B)
(i) Pout shall equal the measured operating lamp wattage;
(ii) Pin shall equal the measured operating input wattage;
(iii) the lamp, and the capacitor when the capacitor is provided, shall constitute a nominal system in accordance with the ANSI Standard C78.43–2004;
(iv) for ballasts with a frequency of 60 Hz, Pin and Pout shall be measured after lamps have been stabilized according to section 4.4 of ANSI Standard C82.6–2005 using a wattmeter with accuracy specified in section 4.5 of ANSI Standard C82.6–2005; and
(v) for ballasts with a frequency greater than 60 Hz, Pin and Pout shall have a basic accuracy of +/- 0.5 percent at the higher of—
(I) 3 times the output operating frequency of the ballast; or
(II) 2 kHz for ballast with a frequency greater than 60 Hz.
(C)
(60)
(61)
(62)
(63)
(64)
(65)
(A) starts a probe-start metal halide lamp that contains a third starting electrode (probe) in the arc tube; and
(B) does not generally contain an igniter but instead starts lamps with high ballast open circuit voltage.
(66)
(A)
(B)
(i) lamps shall be started by first providing a high voltage pulse for ionization of the gas to produce a glow discharge; and
(ii) to complete the starting process, power shall be provided by the ballast to sustain the discharge through the glow-to-arc transition.
(
References in Text
This chapter, referred to in pars. (3) and (59)(C), was in the original "this Act", meaning
Amendments
2018—Par. (6)(B).
Par. (36)(A).
2012—Par. (30)(C)(ii).
Par. (30)(D)(i)(III).
Par. (30)(T)(i).
Par. (30)(T)(ii).
2007—Par. (29)(D)(ii).
Par. (30)(B)(viii).
Par. (30)(C)(ii).
"(I) a low(er) wattage reflector lamp which has a rated wattage between 40 and 205 watts; or
"(II) a high(er) wattage reflector lamp which has a rated wattage above 205 watts."
Par. (30)(D).
Par. (30)(T) to (EE).
Par. (36).
Pars. (46) to (48).
Par. (52).
Par. (53).
Pars. (54) to (57).
Pars. (58) to (66).
2005—Par. (29)(D)(i).
Par. (29)(D)(ii).
Par. (29)(D)(iii).
Par. (29)(M) to (P).
Par. (30)(S).
Pars. (32) to (51).
1998—Par. (1).
1992—
Par. (1).
Par. (1)(A).
Par. (6).
Par. (6)(A).
Par. (6)(B).
Par. (7).
Pars. (30), (31).
1988—Subsec. (a)(1).
Subsec. (a)(6)(B).
Subsec. (a)(29).
1987—Subsec. (a)(6).
"(A) which prescribes a minimum level of energy efficiency for a covered product, determined in accordance with test procedures prescribed under
"(B) which includes any other requirements which the Secretary may prescribe under
Subsec. (a)(19) to (28).
1978—Subsec. (a)(3), (6)(B), (9).
Effective Date of 2012 Amendment
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be followed by a closing parenthesis.
2 So in original. The word "and" probably should not appear.
§6292. Coverage
(a) In general
The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products:
(1) Refrigerators, refrigerator-freezers, and freezers which can be operated by alternating current electricity, excluding—
(A) any type designed to be used without doors; and
(B) any type which does not include a compressor and condenser unit as an integral part of the cabinet assembly.
(2) Room air conditioners.
(3) Central air conditioners and central air conditioning heat pumps.
(4) Water heaters.
(5) Furnaces.
(6) Dishwashers.
(7) Clothes washers.
(8) Clothes dryers.
(9) Direct heating equipment.
(10) Kitchen ranges and ovens.
(11) Pool heaters.
(12) Television sets.
(13) Fluorescent lamp ballasts.
(14) General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps.
(15) Showerheads, except safety shower showerheads.
(16) Faucets.
(17) Water closets.
(18) Urinals.
(19) Metal halide lamp fixtures.
(20) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b).
(b) Special classification of consumer product
(1) The Secretary may classify a type of consumer product as a covered product if he determines that—
(A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this chapter, and
(B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year.
(2) For purposes of this subsection:
(A) The term "average annual per-household energy use with respect to a type of product" means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type.
(B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units.
(C) The term "household" shall be defined under rules of the Secretary.
(
References in Text
This chapter, referred to in subsec. (b)(1)(A), was in the original "this Act", meaning
Amendments
2007—Subsec. (a)(14).
Subsec. (a)(19), (20).
1998—Subsec. (b)(2)(A).
1992—Subsec. (a)(14) to (19).
1988—Subsec. (a)(13), (14).
1987—Subsec. (a).
"(1) Refrigerators and refrigerator-freezers.
"(2) Freezers.
"(3) Dishwashers.
"(4) Clothes dryers.
"(5) Water heaters.
"(6) Room air conditioners.
"(7) Home heating equipment, not including furnaces.
"(8) Television sets.
"(9) Kitchen ranges and ovens.
"(10) Clothes washers.
"(11) Humidifiers and dehumidifiers.
"(12) Central aid conditioners.
"(13) Furnaces.
"(14) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b) of this section."
Subsec. (b).
1978—Subsecs. (a)(14), (b)(1), (2)(C).
Effective Date of 2007 Amendment
Amendment by
Energy Efficiency Labeling for Windows and Window Systems
"(a)
"(2) Such rating program shall include—
"(A) specifications for testing procedures and labels that will enable window buyers to make more informed purchasing decisions about the energy efficiency of windows and window systems; and
"(B) information (which may be disseminated through catalogs, trade publications, labels, or other mechanisms) that will allow window buyers to assess the energy consumption and potential cost savings of alternative window products.
"(3) Such rating program shall be developed by the National Fenestration Rating Council according to commonly accepted procedures for the development of national testing procedures and labeling programs.
"(b)
"(c)
"(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the 'Commission') shall prescribe labeling rules under section 324 of such Act (
"(3) For purposes of sections 323, 324, and 327 of such Act [
"(4) For purposes of section 327(a) of such Act, the term 'this part' includes this subsection to the extent necessary to carry out this subsection."
Energy Efficiency Information for Commercial Office Equipment
"(a)
"(2) Such program shall—
"(A) consistent with the objectives of paragraph (1), determine the commercial office equipment to be covered under such program;
"(B) include specifications for testing procedures that will enable purchasers of such commercial office equipment to make more informed decisions about the energy efficiency and costs of alternative products; and
"(C) include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.
"(3) Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedure and labeling programs.
"(b)
"(c)
"(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the 'Commission') shall prescribe labeling rules under section 324 of such Act (
"(3) For purposes of sections 323, 324, and 327 of such Act [
"(4) For purposes of section 327(a) of such Act, the term 'this part' includes this subsection to the extent necessary to carry out this subsection."
Energy Efficiency Information for Luminaires
"(a)
"(2) Such program shall—
"(A) consistent with the objectives of paragraph (1), determine the luminaires to be covered under such program;
"(B) include specifications for testing procedures that will enable purchasers of such luminaires to make more informed decisions about the energy efficiency and costs of alternative products; and
"(C) include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.
"(3) Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedures and labeling programs.
"(b)
"(c)
"(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the 'Commission') shall prescribe labeling rules under section 324 of such Act (
"(3) For purposes of sections 323, 324, and 327 of such Act [
"(4) For purposes of section 327(a) of such Act, the term 'this part' includes this subsection to the extent necessary to carry out this subsection."
Report on Potential of Cooperative Advanced Appliance Development
"(a)
"(b)
"(1) The potential exists for substantial improvement in the appliance's energy efficiency, beyond the minimum established in Federal and State law.
"(2) There is the potential for significant energy savings at the national or regional level.
"(3) Such appliances are likely to be cost-effective for consumers.
"(4) Electric, water, or gas utilities are prepared to support and promote the commercialization of such appliances.
"(5) Manufacturers are unlikely to undertake development and commercialization of such appliances on their own, or development and production would be substantially accelerated by support to manufacturers.
"(c)
"(1) describe the general actions the Secretary or the Administrator of the Environmental Protection Agency could take to coordinate and assist utilities and appliance manufacturers in developing and commercializing highly efficient appliances;
"(2) describe specific proposals for Department of Energy or Environmental Protection Agency assistance to utilities and appliance manufacturers to promote the development and commercialization of highly efficient appliances;
"(3) identify methods by which Federal purchase of highly efficient appliances could assist in the development and commercialization of such appliances; and
"(4) identify the funding levels needed to develop and implement a Federal program to assist in the development and commercialization of highly efficient appliances."
Evaluation of Utility Early Replacement Programs for Appliances
§6293. Test procedures
(a) General rule
All test procedures and related determinations prescribed or made by the Secretary with respect to any covered product (or class thereof) which are in effect on March 17, 1987, shall remain in effect until the Secretary amends such test procedures and related determinations under subsection (b).
(b) Amended and new procedures
(1)
(A)
(i) amend test procedures with respect to any covered product, if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3); or
(ii) publish notice in the Federal Register of any determination not to amend a test procedure.
(B) The Secretary may, in accordance with the requirements of this subsection, prescribe test procedures for any consumer product classified as a covered product under
(C) The Secretary shall direct the National Institute of Standards and Technology to assist in developing new or amended test procedures.
(2) If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period shall not be less than 60 days and may be extended for good cause shown to not more than 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type (or class) of covered products involved.
(3) Any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy efficiency, energy use, water use (in the case of showerheads, faucets, water closets and urinals), or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Secretary, and shall not be unduly burdensome to conduct.
(4) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use or, in the case of showerheads, faucets, water closets, or urinals, water use in a representative average use cycle or period of use, as determined by the Secretary, and from representative average unit costs of the energy needed to operate such product during such cycle, or in the case of showerheads, faucets, water closets, or urinals, representative average unit costs of water and wastewater treatment service resulting from the operation of such products during such cycle. The Secretary shall provide information to manufacturers with respect to representative average unit costs of energy, water, and wastewater treatment.
(5) With respect to fluorescent lamp ballasts manufactured on or after January 1, 1990, and to which standards are applicable under
(6) With respect to fluorescent lamps and incandescent reflector lamps to which standards are applicable under subsection (i) of
(7)(A) Test procedures for showerheads and faucets to which standards are applicable under subsection (j) of
(B) If the test procedure requirements of ASME A112.18.1M–1989 are revised at any time and approved by ANSI, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such revised ASME/ANSI requirements unless the Secretary determines, by rule, that to do so would not meet the requirements of paragraph (3).
(8)(A) Test procedures for water closets and urinals to which standards are applicable under subsection (k) of
(B) If the test procedure requirements of ASME A112.19.6–1990 are revised at any time and approved by ANSI, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such revised ASME/ANSI requirements unless the Secretary determines, by rule, that to do so would not meet the requirements of paragraph (3).
(9) Test procedures for illuminated exit signs shall be based on the test method used under version 2.0 of the Energy Star program of the Environmental Protection Agency for illuminated exit signs.
(10)(A) Test procedures for distribution transformers and low voltage dry-type distribution transformers shall be based on the "Standard Test Method for Measuring the Energy Consumption of Distribution Transformers" prescribed by the National Electrical Manufacturers Association (NEMA TP 2–1998).
(B) The Secretary may review and revise the test procedures established under subparagraph (A).
(C) For purposes of
(i) be technologically feasible and economically justified; and
(ii) result in significant energy savings.
(11) Test procedures for traffic signal modules and pedestrian modules shall be based on the test method used under the Energy Star program of the Environmental Protection Agency for traffic signal modules, as in effect on August 8, 2005.
(12)(A) Test procedures for medium base compact fluorescent lamps shall be based on the test methods for compact fluorescent lamps used under the August 9, 2001, version of the Energy Star program of the Environmental Protection Agency and the Department of Energy.
(B) Except as provided in subparagraph (C), medium base compact fluorescent lamps shall meet all test requirements for regulated parameters of section 6295(cc) 1 of this title.
(C) Notwithstanding subparagraph (B), if manufacturers document engineering predictions and analysis that support expected attainment of lumen maintenance at 40 percent rated life and lamp lifetime, medium base compact fluorescent lamps may be marketed before completion of the testing of lamp life and lumen maintenance at 40 percent of rated life.
(13) Test procedures for dehumidifiers shall be based on the test criteria used under the Energy Star Program Requirements for Dehumidifiers developed by the Environmental Protection Agency, as in effect on August 8, 2005, unless revised by the Secretary pursuant to this section.
(14) The test procedure for measuring flow rate for commercial prerinse spray valves shall be based on American Society for Testing and Materials Standard F2324, entitled "Standard Test Method for Pre-Rinse Spray Valves".
(15) The test procedure for refrigerated bottled or canned beverage vending machines shall be based on American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 32.1–2004, entitled "Methods of Testing for Rating Vending Machines for Bottled, Canned or Other Sealed Beverages".
(16)(A)(i) Test procedures for ceiling fans shall be based on the "Energy Star Testing Facility Guidance Manual: Building a Testing Facility and Performing the Solid State Test Method for ENERGY STAR Qualified Ceiling Fans, Version 1.1" published by the Environmental Protection Agency.
(ii) Test procedures for ceiling fan light kits shall be based on the test procedures referenced in the Energy Star specifications for Residential Light Fixtures and Compact Fluorescent Light Bulbs, as in effect on August 8, 2005.
(B) The Secretary may review and revise the test procedures established under subparagraph (A).
(17)
(18)
(c) Restriction on certain representations
(1) No manufacturer, distributor, retailer, or private labeler may make any representation—
(A) in writing (including a representation on a label); or
(B) in any broadcast advertisement,
with respect to the energy use or efficiency or, in the case of showerheads, faucets, water closets, and urinals, water use of a covered product to which a test procedure is applicable under subsection (a) or the cost of energy consumed by such product, unless such product has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing.
(2) Effective 180 days after an amended or new test procedure applicable to a covered product is prescribed or established under subsection (b), no manufacturer, distributor, retailer, or private labeler may make any representation—
(A) in writing (including a representation on a label); or
(B) in any broadcast advertisement,
with respect to energy use or efficiency or, in the case of showerheads, faucets, water closets, and urinals, water use of such product or cost of energy consumed by such product, unless such product has been tested in accordance with such amended or new test procedures and such representation fairly discloses the results of such testing.
(3) On the petition of any manufacturer, distributor, retailer, or private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (2) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if the Secretary determines that the requirements of paragraph (2) would impose an undue hardship on such petitioner.
(d) Case in which test procedure is not required
(1) The Secretary is not required to publish and prescribe test procedures for a covered product (or class thereof) if the Secretary determines, by rule, that test procedures cannot be developed which meet the requirements of subsection (b)(3) and publishes such determination in the Federal Register, together with the reasons therefor.
(2) For purposes of
(e) Amendment of standard
(1) In the case of any amended test procedure which is prescribed pursuant to this section, the Secretary shall determine, in the rulemaking carried out with respect to prescribing such procedure, to what extent, if any, the proposed test procedure would alter the measured energy efficiency, measured energy use, or measured water use of any covered product as determined under the existing test procedure.
(2) If the Secretary determines that the amended test procedure will alter the measured efficiency or measured use, the Secretary shall amend the applicable energy conservation standard during the rulemaking carried out with respect to such test procedure. In determining the amended energy conservation standard, the Secretary shall measure, pursuant to the amended test procedure, the energy efficiency, energy use, or water use of a representative sample of covered products that minimally comply with the existing standard. The average of such energy efficiency, energy use, or water use levels determined under the amended test procedure shall constitute the amended energy conservation standard for the applicable covered products.
(3) Models of covered products in use before the date on which the amended energy conservation standard becomes effective (or revisions of such models that come into use after such date and have the same energy efficiency, energy use, or water use characteristics) that comply with the energy conservation standard applicable to such covered products on the day before such date shall be deemed to comply with the amended energy conservation standard.
(4) The Secretary's authority to amend energy conservation standards under this subsection shall not affect the Secretary's obligation to issue final rules as described in
(f) Additional consumer and commercial products
(1) Not later than 2 years after August 8, 2005, the Secretary shall prescribe testing requirements for refrigerated bottled or canned beverage vending machines.
(2) To the maximum extent practicable, the testing requirements prescribed under paragraph (1) shall be based on existing test procedures used in industry.
(
Amendments
2007—Subsec. (b)(1).
Subsec. (b)(17).
Subsec. (b)(18).
2005—Subsec. (b)(9) to (16).
Subsec. (f).
1992—Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(6) to (8).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (e)(1) to (3).
1988—Subsec. (b)(1)(C).
Subsec. (b)(5).
1987—
1978—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (b).
Subsec. (c).
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be section "6295(bb)".
§6294. Labeling
(a) In general
(1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (1), (2), (4), (6), and (8) through (12) of
(2)(A) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (3), (5), and (7) of
(B) The Commission shall prescribe labeling rules under this section applicable to the covered product specified in paragraph (13) of
(C)
(i)
(ii)
(D)(i) Not later than 18 months after October 24, 1992, the Commission shall prescribe labeling rules under this section applicable to general service fluorescent lamps, medium base compact fluorescent lamps, and general service incandescent lamps. Except as provided in clause (ii), such rules shall provide that the labeling of any general service fluorescent lamp, medium base compact fluorescent lamp, and general service incandescent lamp manufactured after the 12-month period beginning on the date of the publication of such rule shall indicate conspicuously on the packaging of the lamp, in a manner prescribed by the Commission under subsection (b), such information as the Commission deems necessary to enable consumers to select the most energy efficient lamps which meet their requirements. Labeling information for incandescent lamps shall be based on performance when operated at 120 volts input, regardless of the rated lamp voltage.
(ii) If the Secretary determines that compliance with the standards specified in
(iii)
(I)
(aa) the effectiveness of current lamp labeling for power levels or watts, light output or lumens, and lamp lifetime; and
(bb) alternative labeling approaches that will help consumers to understand new high-efficiency lamp products and to base the purchase decisions of the consumers on the most appropriate source that meets the requirements of the consumers for lighting level, light quality, lamp lifetime, and total lifecycle cost.
(II)
(aa) complete the rulemaking not later than the date that is 30 months after December 19, 2007; and
(bb) consider reopening the rulemaking not later than 180 days before the effective dates of the standards for general service incandescent lamps established under
(E)(i) Not later than one year after October 24, 1992, the Commission shall prescribe labeling rules under this section for showerheads and faucets to which standards are applicable under subsection (j) of
(ii) If the marking and labeling requirements of ASME A112.18.1M–1989 are revised at any time and approved by ANSI, the Commission shall amend the labeling rules established pursuant to clause (i) to be consistent with such revised ASME/ANSI requirements unless such requirements are inconsistent with the purposes of this chapter or the requirement specified in clause (i) requiring each showerhead and flow restricting or controlling spout-end device to bear a permanent legible marking indicating the flow rate of such product.
(F)(i) Not later than one year after October 24, 1992, the Commission shall prescribe labeling rules under this section for water closets and urinals to which standards are applicable under subsection (k) of
(ii) If the marking and labeling requirements of ASME A112.19.2M–1990 are revised at any time and approved by ANSI, the Commission shall amend the labeling rules established pursuant to clause (i) to be consistent with such revised ASME/ANSI requirements unless such requirements are inconsistent with the purposes of this chapter or the requirement specified in clause (i) requiring each fixture and flushometer valve to bear a permanent legible marking indicating the water use of such fixture or flushometer valve.
(iii) Any labeling rules prescribed under this subparagraph before January 1, 1997, shall provide that, with respect to any gravity tank-type white 2-piece toilet which has a water use greater than 1.6 gallons per flush (gpf), any printed matter distributed or displayed in connection with such product (including packaging and point of sale material, catalog material, and print advertising) shall include, in a conspicuous manner, the words "For Commercial Use Only".
(G)(i) Not later than 90 days after August 8, 2005, the Commission shall initiate a rulemaking to consider—
(I) the effectiveness of the consumer products labeling program in assisting consumers in making purchasing decisions and improving energy efficiency; and
(II) changes to the labeling rules (including categorical labeling) that would improve the effectiveness of consumer product labels.
(ii) Not later than 2 years after August 8, 2005, the Commission shall complete the rulemaking initiated under clause (i).
(H)(i) Not later than 18 months after August 8, 2005, the Commission shall issue by rule, in accordance with this section, labeling requirements for the electricity used by ceiling fans to circulate air in a room.
(ii) The rule issued under clause (i) shall apply to products manufactured after the later of—
(I) January 1, 2009; or
(II) the date that is 60 days after the final rule is issued.
(I)
(i)
(I) televisions;
(II) personal computers;
(III) cable or satellite set-top boxes;
(IV) stand-alone digital video recorder boxes; and
(V) personal computer monitors.
(ii)
(I) identifies adequate non-Department of Energy testing procedures for those products; and
(II) determines that labeling of, or other disclosures relating to, those products is likely to assist consumers in making purchasing decisions.
(iii)
(I)
(II)
(iv)
(I) is not technologically or economically feasible; or
(II) is not likely to assist consumers in making purchasing decisions.
(3) The Commission may prescribe a labeling rule under this section applicable to covered products of a type specified in paragraph (20) of
(A) the Commission or the Secretary has made a determination with respect to such type (or class thereof) that labeling in accordance with this section will assist purchasers in making purchasing decisions,
(B) the Secretary has prescribed test procedures under
(C) the Commission determines with respect to such type (or class thereof) that application of labeling rules under this section to such type (or class thereof) is economically and technologically feasible.
(4) Any determination under this subsection shall be published in the Federal Register.
(5)(A) For covered products described in subsections (u) through (ff) of
(B) In the case of products to which TP–1 standards under
(C) In the case of dehumidifiers covered under
(6)
(b) Rules in effect; new rules
(1)(A) Any labeling rule in effect on March 17, 1987, shall remain in effect until amended, by rule, by the Commission.
(B) After March 17, 1987, and not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (13), and paragraphs (15) through (20) of
(2) The Commission shall afford interested persons an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under paragraph (1). The period for such presentations shall not be less than 45 days.
(3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed under
(4) A labeling rule prescribed under paragraph (3) shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Commission determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules.
(5) The Commission may delay the publication of a proposed labeling rule, or the prescription of a labeling rule, beyond the dates specified in paragraph (1) or (3), if it determines that it cannot publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such determination in the Federal Register, together with the reasons therefor. In any such case, it shall publish proposed labeling rules or prescribe labeling rules for covered products of such type (or class thereof) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible, or (B) in the case of a type specified in paragraphs (3), (5), and (7) of
(c) Content of label
(1) Subject to paragraph (6), a rule prescribed under this section shall require that each covered product in the type or class of covered products to which the rule applies bear a label which discloses—
(A) the estimated annual operating cost of such product (determined in accordance with test procedures prescribed under
(i) the Secretary determines that disclosure of estimated annual operating cost is not technologically feasible, or
(ii) the Commission determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible,
the Commission shall require disclosure of a different useful measure of energy consumption (determined in accordance with test procedures prescribed under
(B) information respecting the range of estimated annual operating costs for covered products to which the rule applies; except that if the Commission requires disclosure under subparagraph (A) of a measure of energy consumption different from estimated annual operating cost, then the label shall disclose the range of such measure of energy consumption of covered products to which such rule applies.
(2) A rule under this section shall include the following:
(A) A description of the type or class of covered products to which such rule applies.
(B) Subject to paragraph (6), information respecting the range of estimated annual operating costs or other useful measure of energy consumption (determined in such manner as the rule may prescribe) for such type or class of covered products.
(C) A description of the test procedures under
(D) A prototype label and directions for displaying such label.
(3) A rule under this section shall require that the label be displayed in a manner that the Commission determines is likely to assist consumers in making purchasing decisions and is appropriate to carry out this part. The Commission may permit a tag to be used in lieu of a label in any case in which the Commission finds that a tag will carry out the purposes for which the label was intended.
(4) A rule under this section applicable to a covered product may require disclosure, in any printed matter displayed or distributed at the point of sale of such product, of any information which may be required under this section to be disclosed on the label of such product. Requirements under this paragraph shall not apply to any broadcast advertisement or any advertisement in any newspaper, magazine, or other periodical.
(5) The Commission may require that a manufacturer of a covered product to which a rule under this section applies—
(A) include on the label,
(B) separately attach to the product, or
(C) ship with the product,
additional information relating to energy consumption, including instructions for the maintenance, use, or repair of the covered product, if the Commission determines that such additional information would assist consumers in making purchasing decisions or in using such product, and that such requirement would not be unduly burdensome to manufacturers.
(6) The Commission may delay the effective date of the requirement specified in paragraph (1)(B) of this subsection applicable to a type or class of covered product, insofar as it requires the disclosure on the label of information respecting range of a measure of energy consumption, for not more than 12 months after the date on which the rule under this section is first applicable to such type or class, if the Commission determines that such information will not be available within an adequate period of time before such date.
(7) Paragraphs (1), (2), (3), (5), and (6) of this subsection shall not apply to the covered product specified in paragraphs (13), (14), (15), (16), (17), and (18) of
(8) If a manufacturer of a covered product specified in paragraph (15) or (17) of
(A) such estimated cost or range of costs shall be determined in accordance with test procedures prescribed under
(B) the format of such label shall be in accordance with a format prescribed by the Commission; and
(C) such label shall be displayed in a manner, prescribed by the Commission, to be likely to assist consumers in making purchasing decisions and appropriate to carry out the purposes of this chapter.
(9)
(d) Effective date
A rule under this section (or an amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of such rule or amendment, as the case may be.
(e) Study of certain products
The Secretary, in consultation with the Commission, shall study consumer products for which labeling rules under this section have not been proposed, in order to determine (1) the aggregate energy consumption of such products, and (2) whether the imposition of labeling requirements under this section would be feasible and useful to consumers in making purchasing decisions. The Secretary shall include the results of such study in the annual report under
(f) Consultation
The Secretary and the Commission shall consult with each other on a continuing basis as may be necessary or appropriate to carry out their respective responsibilities under this part. Before the Commission makes any determination under subsection (a)(1), it shall obtain the views of the Secretary and shall take such views into account in making such determination.
(g) Other authority of the Commission
Until such time as labeling rules under this section take effect with respect to a type or class of covered product, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [
(
References in Text
This chapter, referred to in subsecs. (a)(2)(E)(ii), (F)(ii) and (c)(8)(C), was in the original "this Act", meaning
The Federal Trade Commission Act, referred to in subsec. (g), is act Sept. 26, 1914, ch. 311,
Amendments
2018—
2012—Subsec. (c)(9).
2007—Subsec. (a)(2)(C).
Subsec. (a)(2)(C)(iii).
Subsec. (a)(2)(D) to (H).
Subsec. (a)(2)(I).
Subsec. (a)(6).
Subsec. (c)(9).
2005—Subsec. (a)(2)(F), (G).
Subsec. (a)(5).
1998—Subsec. (a)(2)(C)(ii).
1992—Subsec. (a)(2)(C) to (E).
Subsec. (a)(3).
Subsec. (b)(1)(B).
Subsec. (b)(3), (5).
Subsec. (c)(7).
Subsec. (c)(8).
1988—Subsec. (a)(2).
Subsecs. (a)(3), (b)(1)(B), (3), (5).
Subsec. (c)(7).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1978—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (c)(1)(A)(i).
Subsec. (c)(5).
Subsecs. (e), (f).
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
Market Assessments and Consumer Awareness Program
"(1)
"(A) conduct an annual assessment of the market for general service lamps and compact fluorescent lamps—
"(i) to identify trends in the market shares of lamp types, efficiencies, and light output levels purchased by residential and nonresidential consumers; and
"(ii) to better understand the degree to which consumer decisionmaking is based on lamp power levels or watts, light output or lumens, lamp lifetime, and other factors, including information required on labels mandated by the Federal Trade Commission;
"(B) provide the results of the market assessment to the Federal Trade Commission for consideration in the rulemaking described in section 324(a)(2)(C)(iii) of the Energy Policy and Conservation Act (
"(C) in cooperation with industry trade associations, lighting industry members, utilities, and other interested parties, carry out a proactive national program of consumer awareness, information, and education that broadly uses the media and other effective communication techniques over an extended period of time to help consumers understand the lamp labels and make energy-efficient lighting choices that meet the needs of consumers.
"(2)
§6294a. Energy Star program
(a) In general
There is established within the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of, or other forms of communication about, products and buildings that meet the highest energy conservation standards.
(b) Division of responsibilities
Responsibilities under the program shall be divided between the Department of Energy and the Environmental Protection Agency in accordance with the terms of applicable agreements between those agencies.
(c) Duties
The Administrator and the Secretary shall—
(1) promote Energy Star compliant technologies as the preferred technologies in the marketplace for—
(A) achieving energy efficiency; and
(B) reducing pollution;
(2) work to enhance public awareness of the Energy Star label, including by providing special outreach to small businesses;
(3) preserve the integrity of the Energy Star label;
(4) regularly update Energy Star product criteria for product categories;
(5) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or criterion (or prior to effective dates for any such product category, specification, or criterion);
(6) on adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria, along with—
(A) an explanation of the changes; and
(B) as appropriate, responses to comments submitted by interested parties; and
(7) provide appropriate lead time (which shall be 270 days, unless the Agency or Department specifies otherwise) prior to the applicable effective date for a new or a significant revision to a product category, specification, or criterion, taking into account the timing requirements of the manufacturing, product marketing, and distribution process for the specific product addressed.
(d) Deadlines
The Secretary shall establish new qualifying levels—
(1) not later than January 1, 2006, for clothes washers and dishwashers, effective beginning January 1, 2007; and
(2) not later than January 1, 2008, for clothes washers, effective beginning July 1, 2009.
(
Amendments
2007—Subsec. (d)(2).
Effective Date of 2007 Amendment
Amendment by
§6294b. WaterSense program
(a) Establishment of WaterSense program
(1) In general
There is established within the Environmental Protection Agency a voluntary program, to be known as the WaterSense program, to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of communications regarding, such products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly—
(A) reduce water use;
(B) reduce the strain on public water systems, community water systems, and wastewater and stormwater infrastructure;
(C) conserve energy used to pump, heat, transport, and treat water; and
(D) preserve water resources for future generations.
(2) Inclusions
Categories of products, buildings, landscapes, facilities, processes, and services that may be included under the program include—
(A) irrigation technologies and services;
(B) point-of-use water treatment devices;
(C) plumbing products;
(D) water reuse and recycling technologies;
(E) landscaping and gardening products, including moisture control or water enhancing technologies;
(F) xeriscaping and other landscape conversions that reduce water use;
(G) whole house humidifiers; and
(H) water-efficient buildings or facilities.
(b) Duties
The Administrator of the Environmental Protection Agency, in coordination with the Secretary of Energy as appropriate, shall—
(1) establish—
(A) a WaterSense label to be used for products, buildings, landscapes, facilities, processes, and services meeting the certification criteria established pursuant to this section; and
(B) the procedure, including the methods and means, and criteria by which products, buildings, landscapes, facilities, processes, and services may be certified to display the WaterSense label;
(2) enhance public awareness regarding the WaterSense label through outreach and public education;
(3) preserve the integrity of the WaterSense label by—
(A) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services certified to display the WaterSense label perform as well or better than less water-efficient counterparts;
(B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States;
(C) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and
(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse;
(4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings;
(5) in revising any WaterSense criteria—
(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes;
(B) solicit comments from interested parties and the public prior to any changes;
(C) as appropriate, respond to comments submitted by interested parties and the public; and
(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and
(6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012.
(c) Transparency
The Administrator of the Environmental Protection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and energy savings attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services.
(d) Distinction of authorities
In setting or maintaining specifications and criteria for Energy Star pursuant to
(e) No warranty
A WaterSense label shall not create any express or implied warranty.
(f) Methods for establishing performance criteria
In establishing performance criteria for products, buildings, landscapes, facilities, processes, or services pursuant to this section, the Administrator of the Environmental Protection Agency shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, processes, or services, as appropriate.
(g) Definition of feasible
The term "feasible" means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).
(
§6295. Energy conservation standards
(a) Purposes
The purposes of this section are to—
(1) provide Federal energy conservation standards applicable to covered products; and
(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered product.
(b) Standards for refrigerators, refrigerator-freezers, and freezers
(1) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other than those described in paragraph (2)) manufactured on or after January 1, 1990:
| Energy Standards Equations | |
|---|---|
| Refrigerators and Refrigerator-Freezers with manual defrost | 16.3 AV+316 |
| Refrigerator-Freezers—partial automatic defrost | 21.8 AV+429 |
| Refrigerator-Freezers—automatic defrost with: | |
| Top mounted freezer without ice | 23.5 AV+471 |
| Side mounted freezer without ice | 27.7 AV+488 |
| Bottom mounted freezer without ice | 27.7 AV+488 |
| Top mounted freezer with through the door ice service | 26.4 AV+535 |
| Side mounted freezer with through the door ice | 30.9 AV+547 |
| Upright Freezers with: | |
| Manual defrost | 10.9 AV+422 |
| Automatic defrost | 16.0 AV+623 |
| Chest Freezers and all other freezers | 14.8 AV+223 |
(2) The standards described in paragraph (1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated volume exceeding 30 cubic feet.
(3)(A)(i) The Secretary shall publish a proposed rule, no later than July 1, 1988, to determine if the standards established by paragraph (1) should be amended. The Secretary shall publish a final rule no later than July 1, 1989, which shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1993. If such a final rule is not published before January 1, 1990, any amendment of such standards shall apply to products manufactured on or after January 1, 1995. Nothing in this subsection provides any justification or defense for a failure by the Secretary to comply with the nondiscretionary duty to publish final rules by the dates stated in this paragraph.
(ii)(I) If the Secretary does not publish a final rule before January 1, 1990, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers, the regulations which established standards for such products and were promulgated by the California Energy Commission on December 14, 1984, to be effective January 1, 1992 (or any amendments to such standards that are not more stringent than the standards in the original regulations), shall apply in California to such products, effective beginning January 1, 1993, and shall not be preempted after such effective date by any energy conservation standard established in this section or prescribed, on or after January 1, 1990, under this section.
(II) If the Secretary does not publish a final rule before January 1, 1992, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers, State regulations which apply to such products manufactured on or after January 1, 1995, shall apply to such products until the effective date of a rule issued under this section with respect to such products.
(B) After the publication of a final rule under subparagraph (A), the Secretary shall publish a final rule no later than five years after the date of publication of the previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for the products described in paragraph (1).
(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after—
(i) the effective date of the previous amendment; or
(ii) if the previous final rule did not amend the standards, the earliest date by which the previous amendment could have been effective;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
(4)
(A)
(B)
(c) Standards for room air conditioners
(1) The energy efficiency ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990:
| Product Class: | Ratio |
|---|---|
| Without Reverse Cycle and With Louvered Sides: | |
| Less than 6,000 Btu | 8.0 |
| 6,000 to 7,999 Btu | 8.5 |
| 8,000 to 13,999 Btu | 9.0 |
| 14,000 to 19,999 Btu | 8.8 |
| 20,000 and more Btu | 8.2 |
| Without Reverse Cycle and Without Louvered Sides: | |
| Less than 6,000 Btu | 8.0 |
| 6,000 to 7,999 Btu | 8.5 |
| 8,000 to 13,999 Btu | 8.5 |
| 14,000 to 19,999 Btu | 8.5 |
| 20,000 and more Btu | 8.2 |
| With Reverse Cycle and With Louvered Sides | 8.5 |
| With Reverse Cycle, Without Louvered Sides | 8.0 |
(2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.
(B) After January 1, 1992, the Secretary shall publish a final rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for room air conditioners.
(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after—
(i) the effective date of the previous amendment; or
(ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
(d) Standards for central air conditioners and heat pumps
(1) The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less than the following:
(A) Split Systems: 10.0 for products manufactured on or after January 1, 1992.
(B) Single Package Systems: 9.7 for products manufactured on or after January 1, 1993.
(2) The heating seasonal performance factor of central air conditioning heat pumps shall be not less than the following:
(A) Split Systems: 6.8 for products manufactured on or after January 1, 1992.
(B) Single Package Systems: 6.6 for products manufactured on or after January 1, 1993.
(3)(A) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1999. The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established under paragraph (2) shall be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 2002.
(B) The Secretary shall publish a final rule after January 1, 1994, and no later than January 1, 2001, to determine whether the standards in effect for central air conditioners and central air conditioning heat pumps should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2006.
(4)
(A)
(i)
(I) is designed for, and produces, at least 1.2 inches of external static pressure when operated at the certified air volume rate of 220–350 CFM per rated ton of cooling; and
(II) when applied in the field, uses high velocity room outlets generally greater than 1,000 fpm that have less than 6.0 square inches of free area.
(ii)
(I) is not weatherized;
(II) is clearly and permanently marked for installation only through an exterior wall;
(III) has a rated cooling capacity no greater than 30,000 Btu/hr;
(IV) exchanges all of its outdoor air across a single surface of the equipment cabinet; and
(V) has a combined outdoor air exchange area of less than 800 square inches (split systems) or less than 1,210 square inches (single packaged systems) as measured on the surface area described in subclause (IV).
(iii)
(B)
(i)
(I) 11.00 for products manufactured on or after January 23, 2006; and
(II) 12.00 for products manufactured on or after January 1, 2015.
(ii)
(I) 6.8 for products manufactured on or after January 23, 2006; and
(II) 7.2 for products manufactured on or after January 1, 2015.
(C)
(e) Standards for water heaters; pool heaters; direct heating equipment
(1) The energy factor of water heaters shall be not less than the following for products manufactured on or after January 1, 1990:
| (A) Gas Water Heater: | .62−(.0019 x Rated Storage Volume in gallons) |
| (B) Oil Water Heater: | .59−(.0019 x Rated Storage Volume in gallons) |
| (C) Electric Water Heater: | .95−(.00132 x Rated Storage Volume in gallons) |
(2) The thermal efficiency of pool heaters manufactured on or after January 1, 1990, shall not be less than 78 percent.
(3) The efficiencies of gas direct heating equipment manufactured on or after January 1, 1990, shall be not less than the following:
| Wall | |
| Fan type | |
| Up to 42,000 Btu/hour | 73% AFUE |
| Over 42,000 Btu/hour | 74% AFUE |
| Gravity type | |
| Up to 10,000 Btu/hour | 59% AFUE |
| Over 10,000 Btu/hour up to 12,000 Btu/hour | 60% AFUE |
| Over 12,000 Btu/hour up to 15,000 Btu/hour | 61% AFUE |
| Over 15,000 Btu/hour up to 19,000 Btu/hour | 62% AFUE |
| Over 19,000 Btu/hour up to 27,000 Btu/hour | 63% AFUE |
| Over 27,000 Btu/hour up to 46,000 Btu/hour | 64% AFUE |
| Over 46,000 Btu/hour | 65% AFUE |
| Floor | |
| Up to 37,000 Btu/hour | 56% AFUE |
| Over 37,000 Btu/hour | 57% AFUE |
| Room | |
| Up to 18,000 Btu/hour | 57% AFUE |
| Over 18,000 Btu/hour up to 20,000 Btu/hour | 58% AFUE |
| Over 20,000 Btu/hour up to 27,000 Btu/hour | 63% AFUE |
| Over 27,000 Btu/hour up to 46,000 Btu/hour | 64% AFUE |
| Over 46,000 Btu/hour | 65% AFUE |
(4)(A) The Secretary shall publish final rules no later than January 1, 1992, to determine whether the standards established by paragraph (1), (2), or (3) for water heaters, pool heaters, and direct heating equipment should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1995.
(B) The Secretary shall publish a final rule no later than January 1, 2000, to determine whether standards in effect for such products should be amended. Such rule shall provide that any such amendment shall apply to products manufactured on or after January 1, 2005.
(5)
(A)
(i)
(I) a water heater; and
(II) a storage water heater, instantaneous water heater, and unfired hot water storage tank (as defined in
(ii)
(B)
(C)
(i) the energy factor descriptor for water heaters established under this subsection; and
(ii) the thermal efficiency and standby loss descriptors for storage water heaters, instantaneous water heaters, and unfired water storage tanks established under
(D)
(i)
(ii)
(E)
(i)
(ii)
(iii)
(iv)
(v)
(I) beginning on the date of publication of the conversion factor in the Federal Register; and
(II) ending on the later of 1 year after the date of publication of the conversion factor, or December 31, 2015.
(F)
(i) does not have a residential use and can be clearly described in the final rule; and
(ii) are 1 effectively rated using the thermal efficiency and standby loss descriptors applied (as of December 18, 2012) to the category under
(G)
(i) a revised version of the energy factor descriptor in use as of December 18, 2012;
(ii) the thermal efficiency and standby loss descriptors in use as of that date;
(iii) a revised version of the thermal efficiency and standby loss descriptors;
(iv) a hybrid of descriptors; or
(v) a new approach.
(H)
(I)
(J)
(K)
(i) was manufactured prior to the effective date of the final rule; and
(ii) complied with the efficiency standards and labeling requirements in effect prior to the final rule.
(6)
(A)
(i)
(ii)
(I) has a rated storage tank volume of more than 75 gallons;
(II) is manufactured on or after April 16, 2015;
(III) has—
(aa) an energy factor of not less than 1.061 minus the product obtained by multiplying—
(AA) the rated storage volume of the tank, expressed in gallons; and
(BB) 0.00168; or
(bb) an equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E);
(IV) is equipped at the point of manufacture with an activation lock; and
(V) bears a permanent label applied by the manufacturer that—
(aa) is made of material not adversely affected by water;
(bb) is attached by means of non-water-soluble adhesive; and
(cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font:
"IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.".
(B)
(C)
(i)
(ii)
(iii)
(D)
(i)
(ii)
(E)
(i)
(I) grid-enabled water heaters do not require a separate efficiency requirement; or
(II) sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion.
(ii)
(iii)
(iv)
(f) Standards for furnaces and boilers
(1) Furnaces (other than furnaces designed solely for installation in mobile homes) manufactured on or after January 1, 1992, shall have an annual fuel utilization efficiency of not less than 78 percent, except that—
(A) boilers (other than gas steam boilers) shall have an annual fuel utilization efficiency of not less than 80 percent and gas steam boilers shall have an annual fuel utilization efficiency of not less than 75 percent; and
(B) the Secretary shall prescribe a final rule not later than January 1, 1989, establishing an energy conservation standard—
(i) which is for furnaces (other than furnaces designed solely for installation in mobile homes) having an input of less than 45,000 Btu per hour and manufactured on or after January 1, 1992;
(ii) which provides that the annual fuel utilization efficiency of such furnaces shall be a specific percent which is not less than 71 percent and not more than 78 percent; and
(iii) which the Secretary determines is not likely to result in a significant shift from gas heating to electric resistance heating with respect to either residential construction or furnace replacement.
(2) Furnaces which are designed solely for installation in mobile homes and which are manufactured on or after September 1, 1990, shall have an annual fuel utilization efficiency of not less than 75 percent.
(3)
(A)
| Boiler Type | Minimum Annual Fuel Utilization Efficiency | Design Requirements |
|---|---|---|
| Gas Hot Water | 82% | No Constant Burning Pilot, Automatic Means for Adjusting Water Temperature |
| Gas Steam | 80% | No Constant Burning Pilot |
| Oil Hot Water | 84% | Automatic Means for Adjusting Temperature |
| Oil Steam | 82% | None |
| Electric Hot Water | None | Automatic Means for Adjusting Temperature |
| Electric Steam | None | None |
(B)
(i)
(ii)
(iii)
(iv)
(C)
(4)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine whether the standards established by paragraph (2) for mobile home furnaces should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1994.
(B) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established by this subsection for furnaces (including mobile home furnaces) should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2002.
(C) After January 1, 1997, and before January 1, 2007, the Secretary shall publish a final rule to determine whether standards in effect for such products should be amended. Such rule shall contain such amendment, if any, and provide that any amendment shall apply to products manufactured on or after January 1, 2012.
(D) Notwithstanding any other provision of this chapter, if the requirements of subsection (o) are met, not later than December 31, 2013, the Secretary shall consider and prescribe energy conservation standards or energy use standards for electricity used for purposes of circulating air through duct work.
(g) Standards for dishwashers; clothes washers; clothes dryers; fluorescent lamp ballasts
(1) Dishwashers manufactured on or after January 1, 1988, shall be equipped with an option to dry without heat.
(2) All rinse cycles of clothes washers shall include an unheated water option, but may have a heated water rinse option, for products manufactured on or after January 1, 1988.
(3) Gas clothes dryers shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1988.
(4)(A) The Secretary shall publish final rules no later than January 1, 1990, to determine if the standards established under this subsection for products described in paragraphs (1), (2), and (3) should be amended. Such rules shall provide that any amendment shall apply to products the manufacture of which is completed on or after January 1, 1993.
(B) After January 1, 1990, the Secretary shall publish a final rule no later than five years after the date of publication of the previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for such products.
(C) Any such amendment shall apply to products manufactured after a date which is five years after—
(i) the effective date of the previous amendment; or
(ii) if the previous final rule did not amend the standard, the earliest date by which a previous amendment could have been in effect;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such standard.
(5) Except as provided in paragraph (6), each fluorescent lamp ballast—
(A)(i) manufactured on or after January 1, 1990;
(ii) sold by the manufacturer on or after April 1, 1990; or
(iii) incorporated into a luminaire by a luminaire manufacturer on or after April 1, 1991; and
(B) designed—
(i) to operate at nominal input voltages of 120 or 277 volts;
(ii) to operate with an input current frequency of 60 Hertz; and
(iii) for use in connection with an F40T12, F96T12, or F96T12HO lamps;
shall have a power factor of 0.90 or greater and shall have a ballast efficacy factor not less than the following:
| Application for Operation of | Ballast Input Voltage | Total Nominal Lamp Watts | Ballast Efficacy Factor |
|---|---|---|---|
| one F40T12 lamp | 120 | 40 | 1.805 |
| 277 | 40 | 1.805 | |
| two F40T12 lamps | 120 | 80 | 1.060 |
| 277 | 80 | 1.050 | |
| two F96T12 lamps | 120 | 150 | 0.570 |
| 277 | 150 | 0.570 | |
| two F96T12HO lamps | 120 | 220 | 0.390 |
| 277 | 220 | 0.390 |
(6) The standards described in paragraph (5) do not apply to (A) a ballast which is designed for dimming or for use in ambient temperatures of 0° F or less, or (B) a ballast which has a power factor of less than 0.90 and is designed and labeled for use only in residential building applications.
(7)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (5) should be amended, including whether such standards should be amended so that they would be applicable to ballasts described in paragraph (6) and other fluorescent lamp ballasts. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.
(B) After January 1, 1992, the Secretary shall publish a final rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for fluorescent lamp ballasts, including whether such standards should be amended so that they would be applicable to additional fluorescent lamp ballasts.
(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after—
(i) the effective date of the previous amendment; or
(ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective;
except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard.
(8)(A) Each fluorescent lamp ballast (other than replacement ballasts or ballasts described in subparagraph (C))—
(i)(I) manufactured on or after July 1, 2009;
(II) sold by the manufacturer on or after October 1, 2009; or
(III) incorporated into a luminaire by a luminaire manufacturer on or after July 1, 2010; and
(ii) designed—
(I) to operate at nominal input voltages of 120 or 277 volts;
(II) to operate with an input current frequency of 60 Hertz; and
(III) for use in connection with F34T12 lamps, F96T12/ES lamps, or F96T12HO/ES lamps;
shall have a power factor of 0.90 or greater and shall have a ballast efficacy factor of not less than the following:
| Application for operation of | Ballast input voltage | Total nominal lamp watts | Ballast efficacy factor |
|---|---|---|---|
| One F34T12 lamp | 120/277 | 34 | 2.61 |
| Two F34T12 lamps | 120/277 | 68 | 1.35 |
| Two F96T12/ES lamps | 120/277 | 120 | 0.77 |
| Two F96T12HO/ES lamps | 120/277 | 190 | 0.42. |
(B) The standards described in subparagraph (A) shall apply to all ballasts covered by subparagraph (A)(ii) that are manufactured on or after July 1, 2010, or sold by the manufacturer on or after October 1, 2010.
(C) The standards described in subparagraph (A) do not apply to—
(i) a ballast that is designed for dimming to 50 percent or less of the maximum output of the ballast;
(ii) a ballast that is designed for use with 2 F96T12HO lamps at ambient temperatures of negative 20°F or less and for use in an outdoor sign; or
(iii) a ballast that has a power factor of less than 0.90 and is designed and labeled for use only in residential applications.
(9)
(A)
(i) a Modified Energy Factor of at least 1.26; and
(ii) a water factor of not more than 9.5.
(B)
(i)
(ii)
(10)
(A)
(i) for a standard size dishwasher not exceed 355 kWh/year and 6.5 gallons per cycle; and
(ii) for a compact size dishwasher not exceed 260 kWh/year and 4.5 gallons per cycle.
(B)
(i)
(ii)
(h) Standards for kitchen ranges and ovens
(1) Gas kitchen ranges and ovens having an electrical supply cord shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1990.
(2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established for kitchen ranges and ovens in this subsection should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995.
(B) The Secretary shall publish a final rule no later than January 1, 1997, to determine whether standards in effect for such products should be amended. Such rule shall apply to products manufactured on or after January 1, 2000.
(i) General service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps
(1)
(A)
(B)
| Lamp Type | Nominal Lamp Wattage | Minimum CRI | Minimum Average Lamp Efficacy (LPW) | Effective Date (Period of Months) |
|---|---|---|---|---|
| 4-foot medium bi-pin | >35 W | 69 | 75.0 | 36 |
| ≤35 W | 45 | 75.0 | 36 | |
| 2-foot U-shaped | >35 W | 69 | 68.0 | 36 |
| ≤35 W | 45 | 64.0 | 36 | |
| 8-foot slimline | 65 W | 69 | 80.0 | 18 |
| ≤65 W | 45 | 80.0 | 18 | |
| 8-foot high output | >100 W | 69 | 80.0 | 18 |
| ≤100 W | 45 | 80.0 | 18 |
| Nominal Lamp Wattage | Minimum Average Lamp Efficacy (LPW) | Effective Date (Period of Months) |
|---|---|---|
| 40–50 | 10.5 | 36 |
| 51–66 | 11.0 | 36 |
| 67–85 | 12.5 | 36 |
| 86–115 | 14.0 | 36 |
| 116–155 | 14.5 | 36 |
| 156–205 | 15.0 | 36 |
(C)
(i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps.
(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps.
(iii) R20 incandescent reflector lamps rated 45 watts or less.
(D)
(i) ER,
(ii)
(2) Notwithstanding
(3) Not less than 36 months after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than the end of the 54-month period beginning on October 24, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date such final rule is published.
(4) Not less than eight years after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than nine years and six months after October 24, 1992, to determine if the standards in effect for fluorescent lamps and incandescent lamps should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date such final rule is published.
(5) Not later than the end of the 24-month period beginning on the date labeling requirements under section 6294(a)(2)(C) 2 of this title become effective, the Secretary shall initiate a rulemaking procedure to determine if the standards in effect for fluorescent lamps and incandescent lamps should be amended so that they would be applicable to additional general service fluorescent 3 and shall publish, not later than 18 months after initiating such rulemaking, a final rule including such amended standards, if any. Such rule shall provide that the amendment shall apply to products manufactured after a date which is 36 months after the date such rule is published.
(6)
(A)
(i)
(I) standards in effect for general service lamps should be amended to establish more stringent standards than the standards specified in paragraph (1)(A); and
(II) the exemptions for certain incandescent lamps should be maintained or discontinued based, in part, on exempted lamp sales collected by the Secretary from manufacturers.
(ii)
(I) shall not be limited to incandescent lamp technologies; and
(II) shall include consideration of a minimum standard of 45 lumens per watt for general service lamps.
(iii)
(iv)
(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and
(II) the time needed to work with retailers and lighting designers to revise sales and marketing strategies.
(v)
(vi)
(I) a final rule adopted by the Secretary in accordance with clauses (i) through (iv);
(II) if a final rule described in subclause (I) has not been adopted, the backstop requirement under clause (v); or
(III) in the case of California, if a final rule described in subclause (I) has not been adopted, any California regulations relating to these covered products adopted pursuant to State statute in effect as of December 19, 2007.
(B)
(i)
(I) standards in effect for general service incandescent lamps should be amended to reflect lumen ranges with more stringent maximum wattage than the standards specified in paragraph (1)(A); and
(II) the exemptions for certain incandescent lamps should be maintained or discontinued based, in part, on exempted lamp sales data collected by the Secretary from manufacturers.
(ii)
(iii)
(iv)
(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and
(II) the time needed to work with retailers and lighting designers to revise sales and marketing strategies.
(7)(A) With respect to any lamp to which standards are applicable under this subsection or any lamp specified in
(B) Notwithstanding subsection (n)(1), the Secretary shall not be prohibited from amending any standard, by rule, to permit increased energy use or to decrease the minimum required energy efficiency of any lamp to which standards are applicable under this subsection if such action is warranted as a result of other Federal action (including restrictions on materials or processes) which would have the effect of either increasing the energy use or decreasing the energy efficiency of such product.
(8) Not later than the date on which standards established pursuant to this subsection become effective, or, with respect to high-intensity discharge lamps covered under
(j) Standards for showerheads and faucets
(1) The maximum water use allowed for any showerhead manufactured after January 1, 1994, is 2.5 gallons per minute when measured at a flowing water pressure of 80 pounds per square inch. Any such showerhead shall also meet the requirements of ASME/ANSI A112.18.1M–1989, 7.4.3(a).
(2) The maximum water use allowed for any of the following faucets manufactured after January 1, 1994, when measured at a flowing water pressure of 80 pounds per square inch, is as follows:
| Lavatory faucets | 2.5 gallons per minute |
| Lavatory replacement aerators | 2.5 gallons per minute |
| Kitchen faucets | 2.5 gallons per minute |
| Kitchen replacement aerators | 2.5 gallons per minute |
| Metering faucets | 0.25 gallons per cycle |
(3)(A) If the maximum flow rate requirements or the design requirements of ASME/ANSI Standard A112.18.1M–1989 are amended to improve the efficiency of water use of any type or class of showerhead or faucet and are approved by ANSI, the Secretary shall, not later than 12 months after the date of such amendment, publish a final rule establishing an amended uniform national standard for that product at the level specified in the amended ASME/ANSI Standard A112.18.1M and providing that such standard shall apply to products manufactured after a date which is 12 months after the publication of such rule, unless the Secretary determines, by rule published in the Federal Register, that adoption of a uniform national standard at the level specified in such amended ASME/ANSI Standard A112.18.1M—
(i) is not technologically feasible and economically justified under subsection (o);
(ii) is not consistent with the maintenance of public health and safety; or
(iii) is not consistent with the purposes of this chapter.
(B)(i) As part of the rulemaking conducted under subparagraph (A), the Secretary shall also determine if adoption of a uniform national standard for any type or class of showerhead or faucet more stringent than such amended ASME/ANSI Standard A112.18.1M—
(I) would result in additional conservation of energy or water;
(II) would be technologically feasible and economically justified under subsection (o); and
(III) would be consistent with the maintenance of public health and safety.
(ii) If the Secretary makes an affirmative determination under clause (i), the final rule published under subparagraph (A) shall waive the provisions of
(I) is more stringent than amended ASME/ANSI Standard A112.18.1M for such type or class of showerhead or faucet and the standard in effect for such product on the day before the date on which a final rule is published under subparagraph (A); and
(II) is applicable to any sale or installation of all products in such type or class of showerhead or faucet.
(C) If, after any period of five consecutive years, the maximum flow rate requirements of the ASME/ANSI standard for showerheads are not amended to improve the efficiency of water use of such products, or after any such period such requirements for faucets are not amended to improve the efficiency of water use of such products, the Secretary shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of
(i) is more stringent than the standards in effect for such type of class of showerhead or faucet; and
(ii) is applicable to any sale or installation of all products in such type or class of showerhead or faucet.
(k) Standards for water closets and urinals
(1)(A) Except as provided in subparagraph (B), the maximum water use allowed in gallons per flush for any of the following water closets manufactured after January 1, 1994, is the following:
| Gravity tank-type toilets | 1.6 gpf. |
| Flushometer tank toilets | 1.6 gpf. |
| Electromechanical hydraulic toilets | 1.6 gpf. |
| Blowout toilets | 3.5 gpf. |
(B) The maximum water use allowed for any gravity tank-type white 2-piece toilet which bears an adhesive label conspicuous upon installation consisting of the words "Commercial Use Only" manufactured after January 1, 1994, and before January 1, 1997, is 3.5 gallons per flush.
(C) The maximum water use allowed for flushometer valve toilets, other than blowout toilets, manufactured after January 1, 1997, is 1.6 gallons per flush.
(2) The maximum water use allowed for any urinal manufactured after January 1, 1994, is 1.0 gallon per flush.
(3)(A) If the maximum flush volume requirements of ASME Standard A112.19.6–1990 are amended to improve the efficiency of water use of any low consumption water closet or low consumption urinal and are approved by ANSI, the Secretary shall, not later than 12 months after the date of such amendment, publish a final rule establishing an amended uniform national standard for that product at the level specified in amended ASME/ANSI Standard A112.19.6 and providing that such standard shall apply to products manufactured after a date which is one year after the publication of such rule, unless the Secretary determines, by rule published in the Federal Register, that adoption of a uniform national standard at the level specified in such amended ASME/ANSI Standard A112.19.6—
(i) is not technologically feasible and economically justified under subsection (o);
(ii) is not consistent with the maintenance of public health and safety; or
(iii) is not consistent with the purposes of this chapter.
(B)(i) As part of the rulemaking conducted under subparagraph (A), the Secretary shall also determine if adoption of a uniform national standard for any type or class of low consumption water closet or low consumption urinal more stringent than such amended ASME/ANSI Standard A112.19.6 for such product—
(I) would result in additional conservation of energy or water;
(II) would be technologically feasible and economically justified under subsection (o); and
(III) would be consistent with the maintenance of public health and safety.
(ii) If the Secretary makes an affirmative determination under clause (i), the final rule published under subparagraph (A) shall waive the provisions of
(I) is more stringent than amended ASME/ANSI Standard A112.19.6 for such type or class of low consumption water closet or low consumption urinal and the standard in effect for such product on the day before the date on which a final rule is published under subparagraph (A); and
(II) is applicable to any sale or installation of all products in such type or class of low consumption water closet or low consumption urinal.
(C) If, after any period of five consecutive years, the maximum flush volume requirements of the ASME/ANSI standard for low consumption water closets are not amended to improve the efficiency of water use of such products, or after any such period such requirements for low consumption urinals are not amended to improve the efficiency of water use of such products, the Secretary shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of
(i) is more stringent than the standards in effect for such type or class of water closet or urinal; and
(ii) is applicable to any sale or installation of all products in such type or class of water closet or urinal.
(l) Standards for other covered products
(1) The Secretary may prescribe an energy conservation standard for any type (or class) of covered products of a type specified in paragraph (20) of
(A) the average per household energy use within the United States by products of such type (or class) exceeded 150 kilowatt-hours (or its Btu equivalent) for any 12-month period ending before such determination;
(B) the aggregate household energy use within the United States by products of such type (or class) exceeded 4,200,000,000 kilowatt-hours (or its Btu equivalent) for any such 12-month period;
(C) substantial improvement in the energy efficiency of products of such type (or class) is technologically feasible; and
(D) the application of a labeling rule under
(2) Any new or amended standard for covered products of a type specified in paragraph (20) of
(3) The Secretary may, in accordance with subsections (o) and (p), prescribe an energy conservation standard for television sets. Any such standard may not become effective with respect to products manufactured before January 1, 1992.
(4)
(A)
(B)
(i) collect actual data for United States unit sales for each of calendar years 1990 through 2006 for each of the 5 types of lamps described in subparagraph (A) to determine the historical growth rate of the type of lamp; and
(ii) construct a model for each type of lamp based on coincident economic indicators that closely match the historical annual growth rate of the type of lamp to provide a neutral comparison benchmark to model future unit sales after calendar year 2006.
(C)
(i)
(I) collect actual United States unit sales data for each of 5 types of lamps described in subparagraph (A); and
(II) not later than 90 days after the end of each calendar year, compare the lamp sales in that year with the sales predicted by the comparison benchmark for each of the 5 types of lamps described in subparagraph (A).
(ii)
(I)
(II)
(D)
(i)
(I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
(II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for rough service lamps.
(ii)
(I) have a shatter-proof coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective containment over the life of the lamp;
(II) have a maximum 40-watt limitation; and
(III) be sold at retail only in a package containing 1 lamp.
(E)
(i)
(I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
(II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for vibration service lamps.
(ii)
(I) have a maximum 40-watt limitation; and
(II) be sold at retail only in a package containing 1 lamp.
(F) 3-
(i)
(I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
(II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for 3-way incandescent lamps.
(ii)
(I) each filament in a 3-way incandescent lamp meet the new maximum wattage requirements for the respective lumen range established under subsection (i)(1)(A) 2 ; and
(II) 3-way lamps be sold at retail only in a package containing 1 lamp.
(G) 2,601–3,300
(i) a maximum 95-watt limitation on general service incandescent lamps in the lumen range of 2,601 through 3,300 lumens; and
(ii) a requirement that those lamps be sold at retail only in a package containing 1 lamp.
(H)
(i)
(I) not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and
(II) not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for shatter-resistant lamps.
(ii)
(I) a maximum wattage limitation of 40 watts on shatter resistant lamps; and
(II) a requirement that those lamps be sold at retail only in a package containing 1 lamp.
(I)
(i)
(ii)
(m) Amendment of standards
(1) In general
Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—
(A) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subsection (n)(2); or
(B) a notice of proposed rulemaking including new proposed standards based on the criteria established under subsection (o) and the procedures established under subsection (p).
(2) Notice
If the Secretary publishes a notice under paragraph (1), the Secretary shall—
(A) publish a notice stating that the analysis of the Department is publicly available; and
(B) provide an opportunity for written comment.
(3) Amendment of standard; new determination
(A) Amendment of standard
Not later than 2 years after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard for the product.
(B) New determination
Not later than 3 years after a determination under paragraph (1)(A), the Secretary shall make a new determination and publication under subparagraph (A) or (B) of paragraph (1).
(4) Application to products
(A) In general
Except as provided in subparagraph (B), an amendment prescribed under this subsection shall apply to—
(i) with respect to refrigerators, refrigerator-freezers, freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a product that is manufactured after the date that is 3 years after publication of the final rule establishing an applicable standard; and
(ii) with respect to central air conditioners, heat pumps, water heaters, pool heaters, direct heating equipment, and furnaces, such a product that is manufactured after the date that is 5 years after publication of the final rule establishing an applicable standard.
(B) Other new standards
A manufacturer shall not be required to apply new standards to a product with respect to which other new standards have been required during the prior 6-year period.
(5) Reports
The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—
(A) a progress report every 180 days on compliance with this section, including a specific plan to remedy any failures to comply with deadlines for action established under this section; and
(B) all required reports to the Court or to any party to the Consent Decree in State of New York v Bodman, Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.
(n) Petition for amended standard
(1) With respect to each covered product described in paragraphs (1) through (11), and in paragraphs (13) and (14) of
(2) The Secretary shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, provides an adequate basis for amending the standards under the following criteria—
(A) amended standards will result in significant conservation of energy;
(B) amended standards are technologically feasible; and
(C) amended standards are cost effective as described in subsection (o)(2)(B)(i)(II).
The grant of a petition by the Secretary under this subsection creates no presumption with respect to the Secretary's determination of any of the criteria in a rulemaking under this section.
(3)
(4)
(A) a final rule that contains the new or amended standards; or
(B) a determination that no new or amended standards are necessary.
(5) An amendment prescribed under this subsection shall apply to products manufactured after a date which is 5 years after—
(A) the effective date of the previous amendment pursuant to this part; or
(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct heating equipment and furnaces) after publication of the final rule establishing a standard.
(o) Criteria for prescribing new or amended standards
(1) The Secretary may not prescribe any amended standard which increases the maximum allowable energy use, or, in the case of showerheads, faucets, water closets, or urinals, water use, or decreases the minimum required energy efficiency, of a covered product.
(2)(A) Any new or amended energy conservation standard prescribed by the Secretary under this section for any type (or class) of covered product shall be designed to achieve the maximum improvement in energy efficiency, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency, which the Secretary determines is technologically feasible and economically justified.
(B)(i) In determining whether a standard is economically justified, the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed its burdens by, to the greatest extent practicable, considering—
(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard;
(II) the savings in operating costs throughout the estimated average life of the covered product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the imposition of the standard;
(III) the total projected amount of energy, or as applicable, water, savings likely to result directly from the imposition of the standard;
(IV) any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard;
(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard;
(VI) the need for national energy and water conservation; and
(VII) other factors the Secretary considers relevant.
(ii) For purposes of clause (i)(V), the Attorney General shall make a determination of the impact, if any, of any lessening of competition likely to result from such standard and shall transmit such determination, not later than 60 days after the publication of a proposed rule prescribing or amending an energy conservation standard, in writing to the Secretary, together with an analysis of the nature and extent of such impact. Any such determination and analysis shall be published by the Secretary in the Federal Register.
(iii) If the Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation standard level will be less than three times the value of the energy, and as applicable, water, savings during the first year that the consumer will receive as a result of the standard, as calculated under the applicable test procedure, there shall be a rebuttable presumption that such standard level is economically justified. A determination by the Secretary that such criterion is not met shall not be taken into consideration in the Secretary's determination of whether a standard is economically justified.
(3) The Secretary may not prescribe an amended or new standard under this section for a type (or class) of covered product if—
(A) for products other than dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens, a test procedure has not been prescribed pursuant to
(B) the Secretary determines, by rule, that the establishment of such standard will not result in significant conservation of energy or, in the case of showerheads, faucets, water closets, or urinals, water, or that the establishment of such standard is not technologically feasible or economically justified.
For purposes of
(4) The Secretary may not prescribe an amended or new standard under this section if the Secretary finds (and publishes such finding) that interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States in any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States at the time of the Secretary's finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary's determination of whether to prescribe a standard for other types (or classes).
(5) The Secretary may set more than 1 energy conservation standard for products that serve more than 1 major function by setting 1 energy conservation standard for each major function.
(6)
(A)
(B)
(i)
(ii)
(I) For furnaces, the Secretary may establish 1 additional standard that is ap