Proposed Rule2021-19950
Energy Conservation Program: Proposed Determination of Air Cleaners as a Covered Consumer Product
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2021
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (``DOE'') has tentatively determined that air cleaners qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act (``EPCA''), as amended. DOE has tentatively determined that coverage of air cleaners is necessary and appropriate to carry out the purposes of EPCA, and that the average U.S. household energy use for air cleaners is likely to exceed 100 kilowatt-hours per year.
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[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Proposed Rules]
[Pages 51629-51636]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19950]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2021-BT-DET-0022]
RIN 1904-AF25
Energy Conservation Program: Proposed Determination of Air
Cleaners as a Covered Consumer Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of proposed determination and request for comment.
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SUMMARY: The U.S. Department of Energy (``DOE'') has tentatively
[[Page 51630]]
determined that air cleaners qualify as a covered product under Part A
of Title III of the Energy Policy and Conservation Act (``EPCA''), as
amended. DOE has tentatively determined that coverage of air cleaners
is necessary and appropriate to carry out the purposes of EPCA, and
that the average U.S. household energy use for air cleaners is likely
to exceed 100 kilowatt-hours per year.
DATES: Written comments, data, and information are requested and will
be accepted on or before November 15, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2021-BT-DET-0022,
by any of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: to <a href="/cdn-cgi/l/email-protection#e4a58d96a78881858a819697d6d4d6d5a0a1b0d4d4d6d6a48181ca808b81ca838b92"><span class="__cf_email__" data-cfemail="df9eb6ad9cb3babeb1baadacedefedee9b9a8befefeded9fbabaf1bbb0baf1b8b0a9">[email protected]</span></a>. Include docket
number EERE-2021-BT-DET-0022 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section VI of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, DOE has found it necessary to make temporary
modifications to the comment submission process in light of the ongoing
COVID-19 pandemic. DOE is currently suspending receipt of public
comments via postal mail and hand delivery/courier. If a commenter
finds that this change poses an undue hardship, please contact
Appliance Standards Program staff at (202) 586-1445 to discuss the need
for alternative arrangements. Once the COVID-19 pandemic health
emergency is resolved, DOE anticipates resuming all of its regular
options for public comment submission, including postal mail and hand
delivery/courier.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all documents listed in
the index may be publicly available, such as information that is exempt
from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2021-BT-DET-0022">www.regulations.gov/docket/EERE-2021-BT-DET-0022</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section VI, ``Public Participation,'' for further information on how to
submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: <a href="/cdn-cgi/l/email-protection#97d6e7e7fbfef6f9f4f2c4e3f6f9f3f6e5f3e4c6e2f2e4e3fef8f9e4d7f2f2b9f3f8f2b9f0f8e1"><span class="__cf_email__" data-cfemail="531223233f3a323d30360027323d373221372002263620273a3c3d201336367d373c367d343c25">[email protected]</span></a>.
Ms. Linda Field, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-3440. Email: <a href="/cdn-cgi/l/email-protection#c488adaaa0a5ea82ada1a8a084acb5eaa0aba1eaa3abb2"><span class="__cf_email__" data-cfemail="9ad6f3f4fefbb4dcf3fff6fedaf2ebb4fef5ffb4fdf5ec">[email protected]</span></a>.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#44053434282d252a27211730252a202536203715312137302d2b2a370421216a202b216a232b32"><span class="__cf_email__" data-cfemail="773607071b1e1619141224031619131605130426021204031e1819043712125913181259101801">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Scope of Coverage
IV. Evaluation of Air Cleaners as a Covered Product Subject to
Energy Conservation Standards
A. Coverage Necessary or Appropriate To Carry Out Purposes of
EPCA
B. Average Household Energy Use
C. Preliminary Determination
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Information Quality
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
VII. Approval of the Office of the Secretary
I. Statutory Authority
EPCA \1\ authorizes DOE to regulate the energy efficiency of a
number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency for certain consumer products, referred to generally as
``covered products.'' \3\ In addition to specifying a list of consumer
products that are covered products, EPCA contains provisions that
enable the Secretary of Energy to classify additional types of consumer
products as covered products. For a given consumer product to be
classified as a covered product, the Secretary must determine that:
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ The enumerated list of covered products is at 42 U.S.C.
6292(a)(1)-(19).
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(1) Classifying the product as a covered product is necessary or
appropriate to carry out the purposes of EPCA; and
(2) The average annual per-household \4\ energy use by products of
such type is likely to exceed 100 kilowatt-hours (``kWh'') (or its
British thermal unit (``Btu'') equivalent) per year. (42 U.S.C.
6292(b)(1))
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\4\ DOE has defined ``household'' to mean an entity consisting
of either an individual, a family, or a group of unrelated
individuals, who reside in a particular housing unit. For the
purpose of this definition:
(1) Group quarters means living quarters that are occupied by an
institutional group of 10 or more unrelated persons, such as a
nursing home, military barracks, halfway house, college dormitory,
fraternity or sorority house, convent, shelter, jail or correctional
institution.
(2) Housing unit means a house, an apartment, a group of rooms,
or a single room occupied as separate living quarters, but does not
include group quarters.
(3) Separate living quarters means living quarters:
(i) To which the occupants have access either:
(A) Directly from outside of the building, or
(B) Through a common hall that is accessible to other living
quarters and that does not go through someone else's living
quarters, and
(ii) Occupied by one or more persons who live and eat separately
from occupant(s) of other living quarters, if any, in the same
building. 10 CFR 430.2.
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When attempting to cover additional consumer product types, DOE
must first determine whether these criteria from 42 U.S.C. 6292(b)(1)
are met. Once a determination is made, the Secretary may prescribe test
procedures to measure the energy efficiency or energy use of such
product. (42 U.S.C.
[[Page 51631]]
6293(a)(1)(B)) Furthermore, once a product is determined to be a
covered product, the Secretary may set standards for such product,
subject to the provisions in 42 U.S.C. 6295(o) and (p), provided that
DOE determines that four additional criteria at 42 U.S.C. 6295(l) have
been met. Specifically, 42 U.S.C. 6295(l) requires the Secretary to
determine that:
(1) The average household energy use of the products has exceeded
150 kWh per household for a 12-month period;
(2) The aggregate 12-month energy use of the products has exceeded
4200 gigawatt-hours;
(3) Substantial improvement in energy efficiency of products of
such type is technologically feasible; and
(4) Application of a labeling rule under 42 U.S.C. 6294 is unlikely
to be sufficient to induce manufacturers to produce, and consumers and
other persons to purchase, covered products of such type (or class)
that achieve the maximum energy efficiency that is technologically
feasible and economically justified. (42 U.S.C. 6295(l)(1))
II. Current Rulemaking Process
DOE has not previously conducted a rulemaking for air cleaners. If,
after public comment, DOE issues a final determination of coverage for
this product, DOE may prescribe both test procedures and energy
conservation standards for this product. DOE will publish a final
decision on coverage as a separate notice, an action that will be
completed prior to the initiation of any test procedure or energy
conservation standards rulemaking. 10 CFR part 430 subpart C appendix A
section 5(c). If DOE determines that coverage is warranted, DOE will
proceed with its typical rulemaking process for both test procedures
and standards. Id. DOE is not proposing test procedures or energy
conservation standards as part of this proposed determination. If DOE
proceeds with a rulemaking to establish energy conservation standards,
DOE would determine if air cleaners satisfy the provisions of 42 U.S.C.
6295(l)(1) during the course of that rulemaking.
III. Scope of Coverage
Air cleaners are products that remove, destroy, or deactivate
particulate matter and other contaminants from the air to improve
indoor air quality. A wide range of consumer air cleaner products are
available on the market, including tabletop units, units sized for
single rooms or multiple rooms, and whole-home units integrated into a
central heating and cooling system. Air cleaners employ a wide variety
of technologies to remove particulate matter and other contaminants
from the air, and may also provide air circulation or humidification,
and other forms of indoor air quality improvement.
To help inform its proposed scope of coverage, DOE utilized
existing classifications of air cleaners developed by the Association
of Home Appliance Manufacturers (``AHAM'')--the industry trade group
for air cleaners--and the U.S. Environmental Protection Agency's
(``EPA's'') ENERGY STAR[supreg] program, as well as additional market
research conducted by DOE. The following paragraphs discuss DOE's
considerations from these sources and present the proposed definition
that would provide the basis for coverage of air cleaners under EPCA.
AHAM publishes a standard method of test, certified by American
National Standards Institute (``ANSI''), for measuring the performance
of portable household electric room air cleaners, titled ANSI/AHAM AC-
1-2020 Portable Household Electric Room Air Cleaners (``ANSI/AHAM AC-1-
2020'').\5\ AHAM describes this standard as establishing a uniform,
repeatable procedure or standard method for measuring specified product
characteristics of household portable air cleaners. The standard
methods provide a means to compare and evaluate different brands and
models of household portable air cleaners on the basis of
characteristics significant to product use. Section 3.1 of ANSI/AHAM
AC-1-2020 defines ``Portable Household Electric Room Air Cleaner (`Air
Cleaner')'' as ``[a]n electric appliance with the function of removing
particulate matter from the air and which can be moved from room to
room. Hereinafter referred to as `air cleaner'.'' In addition, Sections
3.1.1 through 3.1.6 of ANSI/AHAM AC-1-2020 define the following
installation configurations of air cleaners:
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\5\ ANSI/AHAM AC-1-2020 available at AHAM website at
<a href="http://www.aham.org/itemdetail?iproductcode=30002&category=padstd">www.aham.org/itemdetail?iproductcode=30002&category=padstd</a>.
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(1) Air Cleaner--Floor Type: Floor type air cleaners are designed
to stand alone on the floor of a room and are designated as stand-alone
floor models by the manufacturer. Appliances of this type are tested on
the floor facing the test window as close to the center of the test
chamber as possible.
(2) Air Cleaner--Table Type: Table type air cleaners are designed
to set on a table or counter by the manufacturer. Appliances of this
type are tested on the table stand facing the test window at the center
of the test chamber.
(3) Air Cleaner--Wall Type: Wall type air cleaners are designed
either to attach to a wall and are designated as wall mountable by the
manufacturer or as a plug-in air cleaner. A wall type air cleaner must
include appropriate wall mounting brackets or specifically designated
instructions to mount the air cleaner integrally to the wall (i.e., not
a shelf). Appliances of this type are tested on the wall mount stand
facing the test window placed at the center of the test chamber.
(4) Air Cleaner--Combination Type: Combination type air cleaners
are designed to operate in one or more orientations/positions (floor,
table, wall) as designed by the manufacturer. A combination type air
cleaner may be tested at the center of the test chamber facing the test
window on the floor, table, or wall mount stand, according to how it
has been designated by the manufacturer.
(5) Air Cleaner--Ceiling Type: Air cleaner appliances designed to
be mounted on the ceiling are considered outside the scope of this
method. Uniform testing practices and statistical examination of such
appliances have not been conducted.
(6) Air Cleaner--Plug-In Type: A fixed location air cleaner
directly connected to an electric receptacle (outlet) by means of
direct plug-in (no electric cord). Appliances of this type are tested
at the lower level electrical receptacle of the plug-in type test stand
facing the test window.
In addition, Section 3.2 of ANSI/AHAM AC-1-2020 defines the
following specific design characteristics of portable household
electric room air cleaners:
(1) Fan with Filter: Air cleaners that operate with an electrical
source of power and which contain a motor and fan for drawing air
through a filter media.
(2) Fan with Electrostatic Plates: Air cleaners that operate with a
fan and incorporate electrically charged plates or wires to
electrostatically collect particulate matter. Such devices may include
filter(s).
(3) Fan Filter with Ion Generator: Air cleaners that incorporate an
ion generator in addition to a fan and filter.
(4) Ion Generator: Air cleaners that incorporate an ion generator
only.
(5) Hybrid: An air cleaner employing a combination of the above
definitions of fan with filter, electrostatic plate/wire, and ion
generator.
(6) Other Types: A device that has the stated capability to reduce
the concentration of particulate matter in a room. Such devices do not
have to contain a fan and can incorporate any of the particle removal
methods previously noted.
[[Page 51632]]
The ENERGY STAR program provides qualification criteria for room
air cleaners (also referred to as air purifiers).\6\ On its web page,
ENERGY STAR describes room air cleaners as portable, electric
appliances that remove fine particles, such as dust and pollen, from
indoor air. The current ENERGY STAR Product Specification \7\ defines
``room air cleaner'' as ``an electric appliance with the function of
removing particulate matter from the air and which can be moved from
room to room,'' consistent with ANSI/AHAM AC-1-2020.
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\6\ See ENERGY STAR website for air purifiers (cleaners) at
<a href="http://www.energystar.gov/products/air_purifiers_cleaners">www.energystar.gov/products/air_purifiers_cleaners</a>.
\7\ See Eligibility Criteria Version 2.0, Rev. April 2021,
available at <a href="http://www.energystar.gov/sites/default/files/ENERGY%20STAR%20Version%202.0%20Room%20Air%20Cleaners%20Specification_Rev%20April%202021_with%20Partner%20Commitments.pdf">www.energystar.gov/sites/default/files/ENERGY%20STAR%20Version%202.0%20Room%20Air%20Cleaners%20Specification_Rev%20April%202021_with%20Partner%20Commitments.pdf</a>.
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The definitions in both ANSI/AHAM AC-1-2020 and the ENERGY STAR
Product Specification include specific air cleaning and air purifying
designs and technologies, but state that they cover only ``portable''
air cleaners that ``can be moved from room to room.'' DOE notes that
while ANSI/AHAM AC-1-2020 specifies coverage of portable air cleaners,
it includes air cleaners that include appropriate wall mounting
brackets or specifically designated instructions to mount the air
cleaner integrally to the wall. In order to cover a more comprehensive
range of the consumer market for air cleaning and purification, an
expanded definition of a consumer air cleaner may be appropriate. DOE
has therefore considered a modified definition that would include
``non-portable'' air cleaners, such as those that are mounted on walls
and ceilings, or that provide whole-home air cleaning in conjunction
with central heating or air conditioning systems. The proposed
definition also includes technologies that clean the air by destroying
or deactivating contaminants, including microbes as well as
particulates, from the air (instead of only removing them).
DOE is also proposing to exclude from coverage those consumer
products which purify air solely by means of ultraviolet (``UV'') light
without circulating air through the product by means of a fan. The
energy-consuming component of such products would be a fluorescent lamp
or light-emitting diode that emits light in the UV portion of the
electromagnetic spectrum. Accordingly, DOE would classify these
products as a type of lamp under EPCA (See the definition of ``lamps
primarily designed to produce radiation in the ultraviolet region of
the spectrum'' and ``light-emitting diode or LED'' in 10 CFR 430.2),
and therefore, is not considering coverage for these products as a
consumer air cleaner.
DOE additionally proposes to make clear that a product that meets
the definition of a central air conditioners, room air conditioners,
portable air conditioners, dehumidifiers, and furnaces as defined in 10
CFR 430.2 is not included in the proposed definition of air cleaner.
Although these products may eliminate certain particulates from the air
by means of filters or through collection and removal of condensate
containing the particulates, DOE is proposing to exclude them. (See the
definitions for ``central air conditioner,'' ``room air conditioner,''
``portable air conditioner,'' ``dehumidifier,'' and ``furnace'' in 10
CFR 430.2.)
For the purpose of this analysis, DOE evaluated air cleaners, which
DOE defined as a consumer product that:
(1) Is a self-contained, mechanically encased assembly;
(2) Is powered by single-phase electric current;
(3) Removes, destroys, or deactivates particulates and
microorganisms from the air;
(4) Excludes products that destroy or deactivate particulates and
microorganisms solely by means of ultraviolet light without a fan for
air circulation; and
(5) Excludes central air conditioners, room air conditioners,
portable air conditioners, dehumidifiers, and furnaces as defined in 10
CFR 430.2.
DOE proposes to adopt this definition to inform stakeholders while
DOE continues its analysis. The proposed definition considers the air
cleaning and air purification function of the product that is described
in ANSI/AHAM AC-1-2020, the current ENERGY STAR Version 2.0 Product
Specification for consumer room air cleaners, and the wide variety of
air cleaning and air purifying consumer products currently on the
market.
As stated, EPCA authorizes DOE to classify a type of consumer
product as a covered product upon making certain determinations. EPCA
defines a ``consumer product'' as any article (other than an
automobile) of a type--(A) which in operation consumes, or is designed
to consume energy; 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. (42 U.S.C. 6291(a)(1)) As such, in considering the
potential scope of coverage, DOE does not consider whether an
individual product is distributed in commerce for residential or
commercial use, but whether it is of a type of product distributed in
commerce for residential use.
DOE seeks feedback from interested parties on its proposed
definition and scope of coverage of air cleaners.
IV. Evaluation of Air Cleaners as a Covered Product Subject to Energy
Conservation Standards
The following sections describe DOE's preliminary evaluation of
whether air cleaners fulfill the criteria for being added as a covered
product pursuant to 42 U.S.C. 6292(b)(1). As stated previously, DOE may
classify a consumer product as a covered product if:
(1) Classifying products of such type as covered products is
necessary or appropriate to carry out the purposes of EPCA; and
(2) The average annual per-household energy use by products of such
type is likely to exceed 100 kWh (or its Btu equivalent) per year.
A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA
DOE has preliminarily determined that coverage of air cleaners is
necessary or appropriate to carry out the purposes of EPCA, which
include:
(1) To conserve energy supplies through energy conservation
programs, and, where necessary, the regulation of certain energy uses;
and
(2) To provide for improved energy efficiency of motor vehicles,
major appliances, and certain other consumer products. (42 U.S.C.
6291(4)-(5))
Although air cleaners are not currently subject to energy
conservation standards under EPCA, as discussed, the ENERGY STAR
program has developed qualifying specifications for room air cleaners,
starting with the Version 1.0 specification that became effective July
1, 2004. The current specification, Version 2.0 Rev. April 2021, became
effective October 17, 2020. During the process of developing the
Version 1.0 specification, EPA cited shipments data from AHAM showing
1.65 million units shipped in 2000, and estimated that shipments would
grow to 2.02 million units in 2010 with an installed base of 15 million
units.\8\ EPA reported that shipments of ENERGY STAR-qualified room air
cleaners in 2019 were 2.224 million units, with an estimated market
[[Page 51633]]
penetration of 43 percent, indicating overall shipments of air cleaners
were 5.17 million units.\9\ Based on EPA's definition of room air
cleaner, these shipments and installed base estimates comprise only
portable configurations of air cleaners. Nevertheless, the ratings
contained in the ENERGY STAR database of certified room air cleaners
\10\ demonstrate significant variation in the total energy consumption
among different models currently available, suggesting that
technologies exist to reduce the energy consumption of air cleaners.
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\8\ ENERGY STAR & Air Cleaners. January 14, 2003. Andrew Fanara,
EPA. Available online at: <a href="http://www.energystar.gov/sites/default/files/specs//private/AirCleanersatIHS-Presentation-Final.ppt">www.energystar.gov/sites/default/files/specs//private/AirCleanersatIHS-Presentation-Final.ppt</a>.
\9\ ENERGY STAR[supreg] Unit Shipment and Market Penetration
Report: Calendar Year 2019 Summary. Available online at:
<a href="http://www.energystar.gov/sites/default/files/asset/document/2019%20Unit%20Shipment%20Data%20Summary%20Report.pdf">www.energystar.gov/sites/default/files/asset/document/2019%20Unit%20Shipment%20Data%20Summary%20Report.pdf</a>.
\10\ ENERGY STAR Certified Room Air Cleaners Database. Accessed
June 24, 2021. Available online at <a href="http://www.energystar.gov/productfinder/product/certified-room-air-cleaners/">www.energystar.gov/productfinder/product/certified-room-air-cleaners/</a>.
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DOE requests data and information regarding current annual
shipments of air cleaners and the installed base of air cleaners,
specifying the scope of products included in any such estimates (e.g.,
portable, non-portable (wall-mounted, ceiling-mounted, whole-home),
etc.)
DOE requests comment on the availability or lack of availability of
technologies for improving energy efficiency of air cleaners.
B. Average Household Energy Use
DOE estimated the average household energy use for air cleaners, in
households that use the product, using power consumption data reported
in the ENERGY STAR product database. The ENERGY STAR database is the
only publicly available source, of which DOE is aware, that provides
energy consumption data for air cleaners. For each model, the database
lists the annual energy use in kilowatt-hours per year (``kWh/yr''),
along with other relevant performance metrics, as measured according to
ANSI/AHAM AC-1-2020. The reported annual energy consumption ranges from
123 kWh/year to 770 kWh/year, with an average annual energy consumption
of 299 kWh/year among all models in the ENERGY STAR database. The
energy consumption of non-ENERGY STAR-qualified models, comprising 57
percent of shipments in 2019 as discussed in section IV.A of this
document, is likely to be higher. The ENERGY STAR program estimates
that the standard (i.e., non-ENERGY STAR qualified) consumer air
cleaner operating continuously uses around 550 kWh/year.\11\
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\11\ Air Purifiers (Cleaners). Accessed June 28, 2021. Available
online at: <a href="http://www.energystar.gov/products/air_purifiers_cleaners">www.energystar.gov/products/air_purifiers_cleaners</a>.
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Although the ENERGY STAR program covers only portable
configurations of air cleaners, the similarity in fundamental design
and operation (i.e., a fan or other means for air circulation and a
means for of removing, destroying, or deactivating particulates and
microorganisms from the air) of non-portable products (e.g., wall-
mounted, ceiling-mounted, whole-home units) suggests that non-portable
air cleaners are likely to have similar or higher energy consumption as
compared to portable air cleaners.
Based on this analysis, DOE tentatively determines that the average
annual per-household energy use for air cleaners is very likely to
exceed 100 kWh/year, satisfying the provisions of 42 U.S.C. 6292(b)(1).
DOE requests data and information regarding annual energy use
estimates for air cleaners, particularly for products not covered by
the ENERGY STAR program, such as non-portable products (wall-mounted,
ceiling-mounted, and whole-home units).
C. Preliminary Determination
Based on the foregoing, DOE has tentatively determined that
classifying air cleaners, as proposed to be defined in this document,
is necessary and appropriate to carry out the purposes of EPCA; and the
average annual per-household energy use by air cleaners is likely to
exceed 100 kWh (or its Btu equivalent) per year. As such, DOE has
preliminarily determined to classify air cleaners as a covered product
under Part A of Title III of EPCA, as amended.
DOE requests comment on whether classifying air cleaners as a
covered product is necessary or appropriate to carry out the purposes
of EPCA.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This proposed determination has been determined to be not
significant for purposes of Executive Order (``E.O.'') 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). As a
result, the Office of Management and Budget (``OMB'') did not review
this proposed determination.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the proposed rule, if promulgated, will not
have a significant economic impact on a substantial number of small
entities. As required by E.O. 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003 to ensure that
the potential impact of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website (<a href="http://www.energy.gov/gc/office-assistant-general-counsel-legislation-regulation-and-energy-efficiency">www.energy.gov/gc/office-assistant-general-counsel-legislation-regulation-and-energy-efficiency</a>).
This proposed determination would not establish test procedures or
energy conservation standards for air cleaners. If adopted, the
proposed determination would only positively determine that future
standards may be warranted and should be explored in an energy
conservation standards and test procedure rulemaking. Economic impacts
on small entities would be considered in the context of such
rulemakings. Therefore, DOE initially concludes that the impacts of the
proposed determination would not have a ``significant economic impact
on a substantial number of small entities,'' and that the preparation
of an IRFA is not warranted. DOE will transmit the certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
Manufacturers of covered products must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment. (See generally 10 CFR part
429.) The collection-of-information requirement for the certification
and recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (``PRA''). This requirement has been approved
by OMB under OMB control number 1910-1400. Public reporting burden for
the certification is estimated to average 35 hours per response,
[[Page 51634]]
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number. As noted previously, this
proposed determination, if made final, would not establish any testing
requirements or energy conservation standards for air cleaners.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings that are strictly procedural.
10 CFR part 1021, subpart D, appendix A6. DOE anticipates that this
rulemaking qualifies for categorical exclusion A6 because it is a
strictly procedural rulemaking and otherwise meets the requirements for
application of a categorical exclusion. See 10 CFR 1021.410. DOE will
complete its NEPA review before issuing the final rule.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on federal agencies formulating and implementing
policies or regulations that preempt state law or that have Federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process that it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed determination
and had tentatively determined that it would not have a substantial
direct effects on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
determination. States can petition DOE for exemption from such
preemption to the extent, and based on criteria, set forth in EPCA. (42
U.S.C. 6297) Therefore, no further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on federal agencies the general duty to
adhere to the following requirements: (1) Eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) Clearly specifies the preemptive effect, if any, to be given to the
law (2) clearly specifies any effect on existing Federal law or
regulation, (3) provides a clear legal standard for affected conduct,
(4) specifies the retroactive effect, if any, to be given to the law,
(5) defines key terms, either explicitly or by reference to other
statues that explicitly define those terms, and (6) addresses other
important issues affecting clarity and general draftsmanship of
legislation under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in sections 3(a) and 3(b)
to determine whether they are met or it is unreasonable to meet one or
more of those standards. DOE completed the required review and
determined that, to the extent permitted by law, this proposed
determination meets the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA requires a Federal agency to develop
an effective process to permit timely input by elected officers of
State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirement that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this proposed determination according to UMRA and its
statement of policy and determined that the proposed determination does
not contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This proposed determination would not have any impact on
the autonomy or integrity of the family as an institution. Accordingly,
DOE has concluded that it is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (Mar. 15,
1988), DOE has determined that this proposed determination would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act
of 2001
Section 515 of the Treasury and General Government Appropriation
Act,
[[Page 51635]]
2001 (44 U.S.C. 3516, note) provides for Federal agencies to review
most disseminations of information to the public under information
quality guidelines established by each agency pursuant to general
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452
(Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446
(Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this NOPD under the OMB and DOE guidelines and has concluded
that it is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to the Office of
Information and Regulatory Affairs (``OIRA'') at OMB a Statement of
Energy Effects for any proposed significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under E.O. 12866,
or any successor Executive order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
This proposed regulatory action to classify air cleaners as covered
products is not a significant regulatory action under Executive Order
12866. Moreover, it would not have a significant adverse effect on the
supply, distribution, or use of energy, nor has it been designated as
such by the Administrator of OIRA. Accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Information Quality
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. DOE has determined that the
analyses conducted for this rulemaking do not constitute ``influential
scientific information,'' which the Bulletin defines as ``scientific
information the agency reasonably can determine will have or does have
a clear and substantial impact on important public policies or private
sector decisions.'' 70 FR 2667 (Jan. 14, 2005). The analyses were
subject to pre-dissemination review prior to issuance of this
rulemaking.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notification of proposed determination no later than the date provided
at the DATES section at the beginning of this document. Interested
parties may submit comments, data, and other information using any of
the methods described in the ADDRESSES section at the beginning of this
document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Otherwise, persons viewing comments will see only first and
last names, organization names, correspondence containing comments, and
any documents submitted with the comments.
Do not submit information to <a href="http://www.regulations.gov">www.regulations.gov</a> for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Anyone submitting
comments through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. With this instruction followed, the cover letter will not be
publicly viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. Facsimile submissions will not
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
[[Page 51636]]
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments and
views of interested parties concerning the following issues:
<bullet> Proposed definition and scope of coverage of air cleaners;
<bullet> Data and information regarding current annual shipments of
air cleaners and the installed base of air cleaners, specifying the
scope of products included in any such estimates (e.g., portable, non-
portable (wall-mounted, ceiling-mounted, whole-home), etc.);
<bullet> Availability or lack of availability of technologies for
improving energy efficiency of air cleaners.
<bullet> Data and information regarding annual energy use estimates
for air cleaners, particularly for products not covered by the ENERGY
STAR program, such as non-portable products (wall-mounted, ceiling-
mounted, and whole-home units); and
<bullet> Whether classifying air cleaners as a covered product is
necessary or appropriate to carry out the purposes of EPCA.
DOE is interested in receiving views concerning other relevant
issues that participants believe would affect its ability to establish
test procedures and energy conservation standards for air cleaners.
After the expiration of the period for submitting written
statements, DOE will consider all comments and additional information
that is obtained from interested parties or through further analyses,
and it will prepare a final determination.
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of proposed determination.
Signing Authority
This document of the Department of Energy was signed on September
10, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant
Secretary and Acting Assistant Secretary for Energy Efficiency and
Renewable Energy, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September 10, 2021
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-19950 Filed 9-15-21; 8:45 am]
BILLING CODE 6450-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.