Proposed Rule2022-17900

Energy Conservation Program: Energy Conservation Standards for Consumer Clothes Dryers

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Published
August 23, 2022

Issuing agencies

Energy Department

Abstract

The Energy Policy and Conservation Act, as amended ("EPCA"), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including consumer clothes dryers. EPCA also requires the U.S. Department of Energy ("DOE") to periodically determine whether more stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this notice of proposed rulemaking ("NOPR"), DOE proposes amended energy conservation standards for consumer clothes dryers, and also announces a public meeting to receive comment on these proposed standards and associated analyses and results.

Full Text

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<title>Federal Register, Volume 87 Issue 162 (Tuesday, August 23, 2022)</title>
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[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Proposed Rules]
[Pages 51734-51809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17900]



[[Page 51733]]

Vol. 87

Tuesday,

No. 162

August 23, 2022

Part II





Department of Energy





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10 CFR Part 430





Energy Conservation Program: Energy Conservation Standards for Consumer 
Clothes Dryers; Proposed Rule

Federal Register / Vol. 87 , No. 162 / Tuesday, August 23, 2022 / 
Proposed Rules

[[Page 51734]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2014-BT-STD-0058]
RIN 1904-AD99


Energy Conservation Program: Energy Conservation Standards for 
Consumer Clothes Dryers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''), 
prescribes energy conservation standards for various consumer products 
and certain commercial and industrial equipment, including consumer 
clothes dryers. EPCA also requires the U.S. Department of Energy 
(``DOE'') to periodically determine whether more stringent standards 
would be technologically feasible and economically justified, and would 
result in significant energy savings. In this notice of proposed 
rulemaking (``NOPR''), DOE proposes amended energy conservation 
standards for consumer clothes dryers, and also announces a public 
meeting to receive comment on these proposed standards and associated 
analyses and results.

DATES: 
    Meeting: DOE will hold a public meeting via webinar on September 
13, 2022, from 1:00 p.m. to 4:00 p.m. See section VII, ``Public 
Participation'' for webinar registration information, participant 
instructions and information about the capabilities available to 
webinar participants.
    Comments: DOE will accept comments, data, and information regarding 
this NOPR no later than October 24, 2022.
    Comments regarding the likely competitive impact of the proposed 
standard should be sent to the Department of Justice contact listed in 
the ADDRESSES section on or before September 22, 2022.

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-2014-BT-STD-0058, 
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#faa89f89b996958e929f89be88839f8889c8cacbcea9aebecacacfc2ba9f9fd49e959fd49d958c"><span class="__cf_email__" data-cfemail="feac9b8dbd92918a969b8dba8c879b8c8dcccecfcaadaabacececbc6be9b9bd09a919bd0999188">[email&#160;protected]</span></a>. Include docket 
number EERE-2014-BT-STD-0058 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 IV of this document.
    Docket: The docket for this activity, 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-2014-BT-STD-0058">www.regulations.gov/docket/EERE-2014-BT-STD-0058</a>. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section VII for information on how to submit comments through 
<a href="http://www.regulations.gov">www.regulations.gov</a>.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Office of Energy Efficiency and 
Renewable Energy following the instructions at <a href="http://www.RegInfo.gov">www.RegInfo.gov</a>.
    EPCA requires the Attorney General to provide DOE a written 
determination of whether the proposed standard is likely to lessen 
competition. The U.S. Department of Justice Antitrust Division invites 
input from market participants and other interested persons with views 
on the likely competitive impact of the proposed standard. Interested 
persons may contact the Division at <a href="/cdn-cgi/l/email-protection#11747f746376683f6265707f7570637562516462757e7b3f767e67"><span class="__cf_email__" data-cfemail="2742494255405e0954534649434655435467525443484d09404851">[email&#160;protected]</span></a> on or 
before the date specified in the DATES section. Please indicate in the 
``Subject'' line of your email the title and Docket Number of this 
rulemaking notice.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Email: 
<a href="/cdn-cgi/l/email-protection#125362627e7b737c71774166737c767360766143677761667b7d7c615277773c767d773c757d64"><span class="__cf_email__" data-cfemail="d091a0a0bcb9b1beb3b583a4b1beb4b1a2b4a381a5b5a3a4b9bfbea390b5b5feb4bfb5feb7bfa6">[email&#160;protected]</span></a>.
    Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2002. Email: 
<a href="/cdn-cgi/l/email-protection#0c476d78647e756222416f456278637f644c647d22686369226b637a"><span class="__cf_email__" data-cfemail="307b51445842495e1e7d53795e445f43587058411e545f551e575f46">[email&#160;protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
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="7e3f0e0e12171f101d1b2d0a1f101a1f0c1a0d2f0b1b0d0a1711100d3e1b1b501a111b50191108">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Synopsis of the Proposed Rule
    A. Benefits and Costs to Consumers
    B. Impact on Manufacturers
    C. National Benefits and Costs
    D. Conclusion
II. Introduction
    A. Authority
    B. Background
    1. Current Standards
    2. Current Process
    C. Deviation From Appendix A
III. General Discussion
    A. Product Classes and Scope of Coverage
    B. Test Procedure
    C. Technological Feasibility
    1. General
    2. Maximum Technologically Feasible Levels
    D. Energy Savings
    1. Determination of Savings
    2. Significance of Savings
    E. Economic Justification
    1. Specific Criteria
    a. Economic Impact on Manufacturers and Consumers
    b. Savings in Operating Costs Compared To Increase in Price (LCC 
and PBP)
    c. Energy Savings
    d. Lessening of Utility or Performance of Products
    e. Impact of Any Lessening of Competition
    f. Need for National Energy Conservation
    g. Other Factors
    2. Rebuttable Presumption
IV. Methodology and Discussion of Related Comments
    A. Market and Technology Assessment
    1. Scope of Coverage and Product Classes
    2. Technology Options
    B. Screening Analysis
    1. Screened-Out Technologies
    a. Thermoelectric Heating, Electric Only
    b. Microwave, Electric Only
    c. Indirect Heating
    d. RF Drying, Electric Only
    e. Ultrasonic Drying, Electric Only
    2. Remaining Technologies
    C. Engineering Analysis
    1. Efficiency Analysis
    a. Baseline Efficiency Levels
    b. Incremental Efficiency Levels
    2. Cost Analysis
    3. Cost-Efficiency Results
    D. Markups Analysis
    E. Energy Use Analysis
    F. Life-Cycle Cost and Payback Period Analysis
    1. Product Cost
    2. Installation Cost
    3. Annual Energy Consumption
    4. Energy Prices
    5. Maintenance and Repair Costs
    6. Product Lifetime
    7. Discount Rates

[[Page 51735]]

    8. Energy Efficiency Distribution in the No-New-Standards Case
    9. Payback Period Analysis
    G. Shipments Analysis
    H. National Impact Analysis
    1. Product Efficiency Trends
    2. National Energy Savings
    3. Net Present Value Analysis
    I. Consumer Subgroup Analysis
    J. Manufacturer Impact Analysis
    1. Overview
    2. Government Regulatory Impact Model and Key Inputs
    a. Manufacturer Production Costs
    b. Shipments Projections
    c. Product and Capital Conversion Costs
    d. Manufacturer Markup Scenarios
    3. Manufacturer Interviews
    a. Heat Pump Technology
    b. Preservation of Electromechanical Controls
    c. Cost Increases and Component Shortages
    4. Discussion of MIA Comments
    K. Emissions Analysis
    1. Air Quality Regulations Incorporated in DOE's Analysis
    L. Monetizing Emissions Impacts
    M. Utility Impact Analysis
    N. Employment Impact Analysis
V. Analytical Results and Conclusions
    A. Trial Standard Levels
    B. Economic Justification and Energy Savings
    1. Economic Impacts on Individual Consumers
    a. Life-Cycle Cost and Payback Period
    b. Consumer Subgroup Analysis
    c. Rebuttable Presumption Payback
    2. Economic Impacts on Manufacturers
    a. Industry Cash Flow Analysis Results
    b. Direct Impacts on Employment
    c. Impacts on Manufacturing Capacity
    d. Impacts on Subgroups of Manufacturers
    e. Cumulative Regulatory Burden
    3. National Impact Analysis
    a. Significance of Energy Savings
    b. Net Present Value of Consumer Costs and Benefits
    c. Indirect Impacts on Employment
    4. Impact on Utility or Performance of Products
    5. Impact of Any Lessening of Competition
    6. Need of the Nation To Conserve Energy
    7. Other Factors
    8. Summary of Economic Impacts
    C. Conclusion
    1. Benefits and Burdens of TSLs Considered for Consumer Clothes 
Dryers Standards
    2. Annualized Benefits and Costs of the Proposed Standards
    D. Reporting, Certification, and Sampling Plan
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    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, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Information Quality
VII. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VIII. Approval of the Office of the Secretary

I. Synopsis of the Proposed Rule

    Title III, Part B \1\ of EPCA,\2\ established the Energy 
Conservation Program for Consumer Products Other Than Automobiles. (42 
U.S.C. 6291-6309) These products include consumer clothes dryers, the 
subject of this proposed rulemaking.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Infrastructure Investment and Jobs Act, 
Public Law 117-58 (Nov. 15, 2021).
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    Pursuant to EPCA, any new or amended energy conservation standard 
must be designed to achieve the maximum improvement in energy 
efficiency that DOE determines is technologically feasible and 
economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, the new 
or amended standard must result in a significant conservation of 
energy. (42 U.S.C. 6295(o)(3)(B)) EPCA also provides that not later 
than 6 years after issuance of any final rule establishing or amending 
a standard, DOE must publish either a notice of determination that 
standards for the product do not need to be amended, or a NOPR 
including new proposed energy conservation standards (proceeding to a 
final rule, as appropriate). (42 U.S.C. 6295(m))
    In accordance with these and other statutory provisions discussed 
in this document, DOE proposes amended energy conservation standards 
for consumer clothes dryers. The proposed standards, which are 
expressed as the combined energy factor as determined in accordance 
with the appendix D2 test procedure (``CEF<INF>D2</INF>'') in pounds 
per kilowatt-hour (``lb/kWh'')--a metric based on the clothes dryer 
test load weight in pounds (``lb'') divided by the sum of ``active 
mode'' and ``inactive mode'' per-cycle energy use in kilowatt-hours 
(``kWh''), are shown in Table I.1. These proposed standards, if 
adopted, would apply to all consumer clothes dryers listed in Table I.1 
manufactured in, or imported into, the United States starting on the 
date 3 years after the publication of the final rule for this proposed 
rulemaking.

 Table I.1--Proposed Energy Conservation Standards for Consumer Clothes
                  Dryers as Measured Under Appendix D2
------------------------------------------------------------------------
                                                            CEFD2  (lb/
                      Product class                            kWh)
------------------------------------------------------------------------
1. Electric, Standard (4.4 cubic feet (``ft\3\'') or                3.93
 greater capacity)......................................
2. Electric, Compact (120 volts (``V'')) (less than 4.4             4.33
 ft\3\ capacity)........................................
3. Vented Electric, Compact (240V) (less than 4.4 ft\3\             3.57
 capacity)..............................................
4. Vented Gas, Standard (4.4 ft\3\ or greater capacity).            3.48
5. Vented Gas, Compact (less than 4.4 ft\3\ capacity)...            2.02
6. Ventless Electric, Compact (240V) (less than 4.4                 2.68
 ft\3\ capacity)........................................
7. Ventless Electric, Combination Washer-Dryer..........            2.33
------------------------------------------------------------------------


[[Page 51736]]

    DOE also considered more-stringent energy efficiency levels as 
potential standards, and is still considering them in this proposed 
rulemaking. DOE may also consider adopting more stringent-energy 
efficiency levels for some or all classes. However, DOE has tentatively 
concluded at this time that the potential burdens of the more-stringent 
energy efficiency levels would outweigh the projected benefits.

A. Benefits and Costs to Consumers

    Table I.2 presents DOE's evaluation of the economic impacts of the 
proposed standards on consumers of consumer clothes dryers, as measured 
by the average life-cycle cost (``LCC'') savings and the simple payback 
period (``PBP'').\3\ The average LCC savings are positive for all 
product classes, and the PBP is less than the average lifetime of 
consumer clothes dryers, which is estimated to be 14 years (see section 
IV.F of this document).
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    \3\ The average LCC savings refer to consumers that are affected 
by a standard and are measured relative to the efficiency 
distribution in the no-new-standards case, which depicts the market 
in the compliance year in the absence of new or amended standards 
(see section IV.F.8 of this document). The simple PBP, which is 
designed to compare specific efficiency levels, is measured relative 
to the baseline product (see section IV.F.9 of this document).

     Table I.2--Impacts of Proposed Energy Conservation Standards on
                  Consumers of Consumer Clothes Dryers
------------------------------------------------------------------------
                                         Average LCC     Simple payback
    Consumer clothes dryer class       savings (2020$)   period (years)
------------------------------------------------------------------------
Electric, Standard (4.4 ft\3\ or                  $578              0.55
 greater capacity)..................
Electric, Compact (120V) (less than                160              1.81
 4.4 ft\3\ capacity)................
Vented Electric, Compact (240V)                    192              1.62
 (less than 4.4 ft\3\ capacity).....
Vented Gas, Standard (4.4 ft\3\ or                 198              1.95
 greater capacity)..................
Vented Gas, Compact (less than 4.4                25.2              5.07
 ft\3\ capacity)....................
Ventless Electric, Compact (240V)                  145              0.33
 (less than 4.4 ft\3\ capacity).....
Ventless Electric, Combination                    15.1              0.00
 Washer-Dryer.......................
------------------------------------------------------------------------

    DOE's analysis of the impacts of the proposed standards on 
consumers is described in section IV.F of this document.

B. Impact on Manufacturers

    The industry net present value (``INPV'') is the sum of the 
discounted cash flows to the industry from the base year through the 
end of the analysis period (2022-2056). Using a real discount rate of 
7.5 percent, DOE estimates that the INPV for manufacturers of consumer 
clothes dryers in the case without amended standards is $1,810.1 
million in 2020$. Under the proposed standards, the change in INPV is 
estimated to range from -6.4 percent to -4.5 percent, which is 
approximately $115.6 million to $81.6 million. In order to bring 
products into compliance with amended standards, it is estimated that 
the industry would incur total conversion costs of $149.7 million.
    DOE's analysis of the impacts of the proposed standards on 
manufacturers is described in section IV.J of this document. The 
analytic results of the manufacturer impact analysis (``MIA'') are 
presented in section V.B.2 of this document.

C. National Benefits and Costs 4
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    \4\ All monetary values in this document are expressed in 2020 
dollars.
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    DOE's analyses indicate that the proposed energy conservation 
standards for consumer clothes dryers would save a significant amount 
of energy. Relative to the case without amended standards, the lifetime 
energy savings for consumer clothes dryers purchased in the 30-year 
period that begins in the anticipated year of compliance with the 
amended standards (2027-2056) amount to 3.11 quadrillion British 
thermal units (``Btu''), or quads.\5\
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    \5\ The quantity refers to full-fuel-cycle (``FFC'') energy 
savings. FFC energy savings includes the energy consumed in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and, thus, presents a more complete 
picture of the impacts of energy efficiency standards. For more 
information on the FFC metric, see section IV.H.2 of this document.
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    The cumulative net present value (``NPV'') of total consumer 
benefits of the proposed standards for consumer clothes dryers ranges 
from $9.07 billion (at a 7-percent discount rate) to $20.8 billion (at 
a 3-percent discount rate). This NPV expresses the estimated total 
value of future operating-cost savings minus the estimated increased 
product costs for consumer clothes dryers purchased in 2027-2056.
    In addition, the proposed standards for consumer clothes dryers are 
projected to yield significant environmental benefits. DOE estimates 
that the proposed standards would result in cumulative emission 
reductions (over the same period as for energy savings) of 116 million 
metric tons (``Mt'') \6\ of carbon dioxide (``CO<INF>2</INF>''), 42.6 
thousand tons of sulfur dioxide (``SO<INF>2</INF>''), 181 thousand tons 
of nitrogen oxides (``NO<INF>X</INF>''), 883 thousand tons of methane 
(``CH<INF>4</INF>''), 1.09 thousand tons of nitrous oxide 
(``N<INF>2</INF>O''), and 0.26 tons of mercury (``Hg'').\7\
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    \6\ A metric ton is equivalent to 1.1 short tons. Results for 
emissions other than CO<INF>2</INF> are presented in short tons.
    \7\ DOE calculated emissions reductions relative to the no-new-
standards case, which reflects key assumptions in the Annual Energy 
Outlook 2021 (``AEO2021''). AEO2021 represents current Federal and 
State legislation and final implementation of regulations as of the 
time of its preparation. See section IV.K of this document for 
further discussion of AEO2021 assumptions that effect air pollutant 
emissions.
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    DOE estimates the value of climate benefits from a reduction in 
greenhouse gases using four different estimates of the social cost of 
CO<INF>2</INF> (``SC-CO<INF>2</INF>''), the social cost of methane 
(``SC-CH<INF>4</INF>''), and the social cost of nitrous oxide (``SC-
N<INF>2</INF>O''). Together these represent the social cost of 
greenhouse gases (SC-GHG). DOE used interim SC-GHG values developed by 
an Interagency Working Group on the Social Cost of Greenhouse Gases 
(``IWG'').\8\ The derivation of these values is discussed in section 
IV.L of this document. For presentational purposes, the climate 
benefits associated with the average SC-GHG at a 3-percent discount 
rate are estimated to be $5.42 billion. DOE does not have a single 
central SC-GHG point estimate and it emphasizes the

[[Page 51737]]

importance and value of considering the benefits calculated using all 
four SC-GHG estimates.\9\
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    \8\ See Interagency Working Group on Social Cost of Greenhouse 
Gases, Technical Support Document: Social Cost of Carbon, Methane, 
and Nitrous Oxide. Interim Estimates Under Executive Order 13990, 
Washington, DC (February 2021) (Available at: <a href="http://www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf">www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf</a>) 
(Last accessed March 17, 2022).
    \9\ On March 16, 2022, the Fifth Circuit Court of Appeals (No. 
22-30087) granted the Federal government's emergency motion for stay 
pending appeal of the February 11, 2022, preliminary injunction 
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a 
result of the Fifth Circuit's order, the preliminary injunction is 
no longer in effect, pending resolution of the Federal government's 
appeal of that injunction or a further court order. Among other 
things, the preliminary injunction enjoined the defendants in that 
case from ``adopting, employing, treating as binding, or relying 
upon'' the interim estimates of the social cost of greenhouse 
gases--which were issued by the Interagency Working Group on the 
Social Cost of Greenhouse Gases on February 26, 2021--to monetize 
the benefits of reducing greenhouse gas emissions. As reflected in 
this rule, DOE has reverted to its approach prior to the injunction 
and presents monetized greenhouse gas abatement benefits where 
appropriate and permissible under law.
---------------------------------------------------------------------------

    DOE also estimates health benefits from SO<INF>2</INF> and 
NO<INF>X</INF> emissions reductions. DOE estimates the present value of 
the health benefits would be $3.59 billion using a 7-percent discount 
rate, and $9.14 billion using a 3-percent discount rate. DOE is 
currently only monetizing (for SO<INF>2</INF> and NO<INF>X</INF>) 
PM<INF>2.5</INF> precursor health benefits and (for NO<INF>X</INF>) 
ozone precursor health benefits but will continue to assess the ability 
to monetize other effects such as health benefits from reductions in 
direct PM<INF>2.5</INF> emissions.
    Table I.3 summarizes the monetized benefits and costs expected to 
result from the proposed standards for consumer clothes dryers. There 
are other important unquantified effects, including certain 
unquantified climate benefits, unquantified public health benefits from 
the reduction of toxic air pollutants and other emissions, unquantified 
energy security benefits, and distributional effects, among others.

 Table I.3--Summary of Monetized Economic Benefits and Costs of Proposed
        Energy Conservation Standards for Consumer Clothes Dryers
                                 [TSL 3]
------------------------------------------------------------------------
                                                          Billion 2020$
------------------------------------------------------------------------
                            3% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings.......................              22.2
Climate Benefits *....................................              5.42
Health Benefits **....................................              9.14
Total Benefits [dagger]...............................              36.8
Consumer Incremental Product Costs [Dagger]...........              1.36
Net Benefits..........................................              35.4
------------------------------------------------------------------------
                            7% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings.......................              9.83
Climate Benefits *....................................              5.42
Health Benefits **....................................              3.59
Total Benefits [dagger]...............................              18.8
Consumer Incremental Product Costs [Dagger]...........              0.76
Net Benefits..........................................              18.1
------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with
  consumer clothes dryers shipped in 2027-2056. These results include
  benefits to consumers which accrue after 2056 from the products
  shipped in 2027-2056.
* Climate benefits are calculated using four different estimates of the
  social cost of carbon (SC-CO2), methane (SC-CH4), and nitrous oxide
  (SC-N2O) (model average at 2.5 percent, 3 percent, and 5 percent
  discount rates; 95th percentile at 3 percent discount rate), as shown
  in Table V.36, Table V.38, and Table V.40. Together these represent
  the global social cost of greenhouse gases (SC-GHG). For
  presentational purposes of this table, the climate benefits associated
  with the average SC-GHG at a 3 percent discount rate are shown, but
  the Department does not have a single central SC-GHG point estimate.
  See section. IV.L of this document for more details. On March 16,
  2022, the Fifth Circuit Court of Appeals (No. 22-30087) granted the
  Federal government's emergency motion for stay pending appeal of the
  February 11, 2022, preliminary injunction issued in Louisiana v.
  Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a result of the Fifth
  Circuit's order, the preliminary injunction is no longer in effect,
  pending resolution of the Federal government's appeal of that
  injunction or a further court order. Among other things, the
  preliminary injunction enjoined the defendants in that case from
  ``adopting, employing, treating as binding, or relying upon'' the
  interim estimates of the social cost of greenhouse gases--which were
  issued by the Interagency Working Group on the Social Cost of
  Greenhouse Gases on February 26, 2021--to monetize the benefits of
  reducing greenhouse gas emissions. As reflected in this rule, DOE has
  reverted to its approach prior to the injunction and presents
  monetized greenhouse gas abatement benefits where appropriate and
  permissible under law.
** Health benefits are calculated using benefit-per-ton values for NOX
  and SO2. DOE is currently only monetizing (for SO2 and NOX) PM2.5
  precursor health benefits and (for NOX) ozone precursor health
  benefits, but will continue to assess the ability to monetize other
  effects such as health benefits from reductions in direct PM2.5
  emissions. The health benefits are presented at real discount rates of
  3 and 7 percent. See section IV.L of this document for more details.
[dagger] Total and net benefits include those consumer, climate, and
  health benefits that can be monetized. For presentation purposes,
  total and net benefits for both the 3-percent and 7-percent cases are
  presented using the average SC-GHG with 3-percent discount rate, but
  the Department does not have a single central SC-GHG point estimate.
  DOE emphasizes the importance and value of considering the benefits
  calculated using all four SC-GHG estimates. See Table V.46 for net
  benefits using all four SC-GHG estimates.
[Dagger] Costs include incremental equipment costs as well as
  installation costs.

    The benefits and costs of the proposed standards, for consumer 
clothes dryers sold in 2027-2056, can also be expressed in terms of 
annualized values. The monetary values for the total annualized net 
benefits are (1) the reduced consumer operating costs, minus (2) the 
increase in product purchase prices and installation costs, plus (3) 
the value of the benefits of NO<INF>X</INF> and SO<INF>2</INF> emission 
reductions, all annualized.\10\
---------------------------------------------------------------------------

    \10\ To convert the time-series of costs and benefits into 
annualized values, DOE calculated a present value in 2021, the year 
used for discounting the NPV of total consumer costs and savings. 
For the benefits, DOE calculated a present value associated with 
each year's shipments in the year in which the shipments occur 
(e.g., 2030), and then discounted the present value from each year 
to 2021. The calculation uses discount rates of 3 and 7 percent for 
all costs and benefits. Using the present value, DOE then calculated 
the fixed annual payment over a 30-year period, starting in the 
compliance year, that yields the same present value.

---------------------------------------------------------------------------

[[Page 51738]]

    The national operating savings are domestic private U.S. consumer 
monetary savings that occur as a result of purchasing the covered 
products and are measured for the lifetime of consumer clothes dryers 
shipped in 2027-2056. The benefits associated with reduced emissions 
achieved as a result of the proposed standards are also calculated 
based on the lifetime of consumer clothes dryers shipped in 2027-2056. 
Total benefits for both the 3-percent and 7-percent cases are presented 
using the average GHG social costs with 3-percent discount rate. 
Estimates of SC-GHG values are presented for all four discount rates in 
section V.B.8 of this document. Estimates of annualized benefits and 
costs of the proposed standards are shown in Table I.4. The results 
under the primary estimate are as follows.
    Using a 7-percent discount rate for consumer benefits and costs and 
health benefits from reduced SO<INF>2</INF> and NO<INF>X</INF> 
emissions, the estimated cost of the standards proposed in this rule is 
$85.7 million per year in increased equipment costs, while the 
estimated annual benefits are $1,111 million in reduced equipment 
operating costs, $320 million in climate benefits, and $406 million in 
health benefits (accounting for reduced NO<INF>X</INF> emissions and 
increased SO<INF>2</INF> emissions). In this case, the net benefit 
would amount to $1,752 million per year.
    Using a 3-percent discount rate for all benefits and costs, the 
estimated cost of the proposed standards is $80.7 million per year in 
increased equipment costs, while the estimated annual benefits are 
$1,313 million in reduced operating costs, $320 million in climate 
benefits, and $541 million in health benefits (accounting for reduced 
NO<INF>X</INF> emissions and increased SO<INF>2</INF> emissions). In 
this case, the net benefit would amount to $2,094 million per year.

    Table I.4--Annualized Monetized Benefits and Costs of Proposed Energy Conservation Standards for Consumer
                                                 Clothes Dryers
                                                     [TSL 3]
----------------------------------------------------------------------------------------------------------------
                                                                                Million 2020$/year
                                                                 -----------------------------------------------
                                                                                     Low-net-        High-net-
                                                                      Primary        benefits        benefits
                                                                     estimate        estimate        estimate
----------------------------------------------------------------------------------------------------------------
                                                3% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.................................           1,313           1,227           1,403
Climate Benefits *..............................................             320             311             327
Health Benefits **..............................................             541             526             551
Total Benefits [dagger].........................................           2,174           2,065           2,280
Consumer Incremental Product Costs [Dagger].....................            80.7            80.5            76.6
Net Benefits....................................................           2,094           1,984           2,204
----------------------------------------------------------------------------------------------------------------
                                                7% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.................................           1,111           1,050           1,178
Climate Benefits *..............................................             320             311             327
Health Benefits **..............................................             406             395             413
Total Benefits [dagger].........................................           1,837           1,757           1,917
Consumer Incremental Product Costs [Dagger].....................            85.7            85.3            82.4
Net Benefits....................................................           1,752           1,671           1,835
----------------------------------------------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with consumer clothes dryers shipped in 2027-2056.
  These results include benefits to consumers which accrue after 2056 from the products shipped in 2027-2056.
* Climate benefits are calculated using four different estimates of the global SC-GHG (see section IV.L of this
  document). For presentational purposes of this table, the climate benefits associated with the average SC-GHG
  at a 3 percent discount rate are shown, but the Department does not have a single central SC-GHG point
  estimate, and it emphasizes the importance and value of considering the benefits calculated using all four SC-
  GHG estimates. On March 16, 2022, the Fifth Circuit Court of Appeals (No. 22-30087) granted the federal
  government's emergency motion for stay pending appeal of the February 11, 2022, preliminary injunction issued
  in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a result of the Fifth Circuit's order, the
  preliminary injunction is no longer in effect, pending resolution of the federal government's appeal of that
  injunction or a further court order. Among other things, the preliminary injunction enjoined the defendants in
  that case from ``adopting, employing, treating as binding, or relying upon'' the interim estimates of the
  social cost of greenhouse gases--which were issued by the Interagency Working Group on the Social Cost of
  Greenhouse Gases on February 26, 2021--to monetize the benefits of reducing greenhouse gas emissions. As
  reflected in this rule, DOE has reverted to its approach prior to the injunction and presents monetized
  greenhouse gas abatement benefits where appropriate and permissible under law.
** Health benefits are calculated using benefit-per-ton values for NOX and SO2. DOE is currently only monetizing
  (for SO2 and NOX) PM2.5 precursor health benefits and (for NOX) ozone precursor health benefits, but will
  continue to assess the ability to monetize other effects such as health benefits from reductions in direct
  PM2.5 emissions. The health benefits are presented at real discount rates of 3 and 7 percent. See section IV.L
  of this document for more details.
[dagger] Total benefits for both the 3-percent and 7-percent cases are presented using the average SC-GHG with 3-
  percent discount rate, but the Department does not have a single central SC-GHG point estimate. DOE emphasizes
  the importance and value of considering the benefits calculated using all four SC-GHG estimates.
[Dagger] Costs include incremental equipment costs as well as installation costs.

    DOE's analysis of the national impacts of the proposed standards is 
described in sections IV.H, IV.K and IV.L of this document.

D. Conclusion

    DOE has tentatively concluded that the proposed standards represent 
the maximum improvement in energy efficiency that is technologically 
feasible and economically justified, and would result in the 
significant conservation of energy. Specifically, with regards to 
technological feasibility, products achieving these standard levels are 
already commercially available for all product classes covered by this 
proposal. As for economic justification,

[[Page 51739]]

DOE's analysis shows that the benefits of the proposed standard exceed, 
to a great extent, the burdens of the proposed standards. Using a 7-
percent discount rate for consumer benefits and costs and 
NO<INF>X</INF> and SO<INF>2</INF> reduction benefits, the estimated 
cost of the proposed standards for consumer clothes dryers is $85.7 
million per year in increased product costs, while the estimated annual 
benefits are $1,111 million in reduced product operating costs, and 
$406 million in health benefits. The net benefit amounts to $1,752 
million per year.
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\11\ For 
example, some covered products and equipment have substantial energy 
consumption occur during periods of peak energy demand. The impacts of 
these products on the energy infrastructure can be more pronounced than 
products with relatively constant demand. In evaluating the 
significance of energy savings, DOE considers differences in primary 
energy and FFC effects for different covered products and equipment 
when determining whether energy savings are significant. Primary energy 
and FFC effects include the energy consumed in electricity production 
(depending on load shape), in distribution and transmission, and in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and thus present a more complete picture 
of the impacts of energy conservation standards. Accordingly, DOE 
evaluates the significance of energy savings on a case-by-case basis.
---------------------------------------------------------------------------

    \11\ Procedures, Interpretations, and Policies for Consideration 
in New or Revised Energy Conservation Standards and Test Procedures 
for Consumer Products and Commercial/Industrial Equipment, 86 FR 
70892, 70901 (Dec. 13, 2021).
---------------------------------------------------------------------------

    As previously mentioned, the standards are projected to result in 
estimated national energy savings of 3.11 quads, the equivalent of the 
electricity consumption of 78 million residential homes in one 
year.\12\ DOE has initially determined the energy savings from the 
proposed standard levels are ``significant'' within the meaning of 42 
U.S.C. 6295(o)(3)(B). A more detailed discussion of the basis for these 
tentative conclusions is contained in the remainder of this document 
and the accompanying technical support document (``TSD'').
---------------------------------------------------------------------------

    \12\ U.S. Environmental Protection Agency, Greenhouse Gas 
Equivalencies Calculator. Available at <a href="http://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator">www.epa.gov/energy/greenhouse-gas-equivalencies-calculator</a>.
---------------------------------------------------------------------------

    DOE also considered more-stringent energy efficiency levels as 
potential standards, and is still considering them in this proposed 
rulemaking. However, DOE has tentatively concluded that the potential 
burdens of the more-stringent energy efficiency levels would outweigh 
the projected benefits.
    Based on consideration of the public comments DOE receives in 
response to this document and related information collected and 
analyzed during the course of this rulemaking effort, DOE may adopt 
energy efficiency levels presented in this document that are either 
higher or lower than the proposed standards, or some combination of 
level(s) that incorporate the proposed standards in part.

II. Introduction

    The following section briefly discusses the statutory authority 
underlying this proposed rule, as well as some of the relevant 
historical background related to the establishment of standards for 
consumer clothes dryers.

A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. Title III, Part 
B of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles. These products include consumer 
clothes dryers, the subject of this document. (42 U.S.C. 6292(a)(8)) 
EPCA prescribed energy conservation standards for these products (42 
U.S.C. 6295(g)(3)), and directs DOE to conduct future rulemakings to 
determine whether to amend these standards. (42 U.S.C. 6295(g)(4)) EPCA 
further provides that, not later than 6 years after the issuance of any 
final rule establishing or amending a standard, DOE must publish either 
a notice of determination that standards for the product do not need to 
be amended, or a NOPR including new proposed energy conservation 
standards (proceeding to a final rule, as appropriate). (42 U.S.C. 
6295(m)(1)).
    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) the establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), 
labeling provisions (42 U.S.C. 6294), energy conservation standards (42 
U.S.C. 6295), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption for particular State laws or regulations, in accordance with 
the procedures and other provisions set forth under EPCA. (See 42 
U.S.C. 6297(d)).
    Subject to certain criteria and conditions, DOE is required to 
develop test procedures to measure the energy efficiency, energy use, 
or estimated annual operating cost of each covered product. (42 U.S.C. 
6295(o)(3)(A) and 42 U.S.C. 6295(r)) Manufacturers of covered products 
must use the prescribed DOE test procedure as the basis for certifying 
to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA and when making 
representations to the public regarding the energy use or efficiency of 
those products. (42 U.S.C. 6293(c) and 42 U.S.C. 6295(s)) Similarly, 
DOE must use these test procedures to determine whether the products 
comply with standards adopted pursuant to EPCA. (42 U.S.C. 6295(s)) The 
DOE test procedures for consumer clothes dryers appear at title 10 of 
the Code of Federal Regulations (``CFR'') part 430, subpart B, appendix 
D1 and appendix D2 (``appendix D1'' and ``appendix D2'', respectively).
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products, including consumer clothes 
dryers. Any new or amended standard for a covered product must be 
designed to achieve the maximum improvement in energy efficiency that 
the Secretary of Energy determines is technologically feasible and 
economically justified. (42 U.S.C. 6295(o)(2)(A) and 42 U.S.C. 
6295(o)(3)(B)) Furthermore, DOE may not adopt any standard that would 
not result in the significant conservation of energy. (42 U.S.C. 
6295(o)(3) (B))
    Moreover, DOE may not prescribe a standard if DOE determines by 
rule that the standard is not technologically feasible or economically 
justified. (42 U.S.C. 6295(o)(3)(B)) In deciding whether a proposed 
standard is economically justified, DOE must determine whether the 
benefits of the standard exceed its burdens. (42 U.S.C. 
6295(o)(2)(B)(i)) DOE must make this determination after receiving 
comments

[[Page 51740]]

on the proposed standard, and by considering, to the greatest extent 
practicable, the following seven statutory factors:

    (1) The economic impact of the standard on manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
standard;
    (3) The total projected amount of energy (or as applicable, 
water) savings likely to result directly from the standard;
    (4) Any lessening of the utility or the performance of the 
covered products likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary of Energy (``Secretary'') 
considers relevant.

(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified 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 savings during the first year that the consumer will receive 
as a result of the standard, as calculated under the applicable test 
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
    EPCA also contains what is known as an ``anti-backsliding'' 
provision, which prevents the Secretary from prescribing any amended 
standard that either increases the maximum allowable energy use or 
decreases the minimum required energy efficiency of a covered product. 
(42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended 
or new standard if 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. (42 U.S.C. 
6295(o)(4))
    Additionally, EPCA specifies requirements when promulgating an 
energy conservation standard for a covered product that has two or more 
product classes. DOE must specify a different standard level for a type 
or class of product that has the same function or intended use, if DOE 
determines that products within such group: (A) consume a different 
kind of energy from that consumed by other covered products within such 
type (or class); or (B) have a capacity or other performance-related 
feature which other products within such type (or class) do not have 
and such feature justifies a higher or lower standard. (42 U.S.C. 
6295(q)(1)) In determining whether a performance-related feature 
justifies a different standard for a group of products, DOE must 
consider such factors as the utility to the consumer of the feature and 
other factors DOE deems appropriate. Id. Any rule prescribing such a 
standard must include an explanation of the basis on which such higher 
or lower level was established. (42 U.S.C. 6295(q)(2))
    Finally, pursuant to the amendments contained in the Energy 
Independence and Security Act of 2007 (``EISA 2007''), Public Law 110-
140, any final rule for new or amended energy conservation standards 
promulgated after July 1, 2010, is required to address standby mode and 
off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE 
adopts a standard for a covered product after that date, it must, if 
justified by the criteria for adoption of standards under EPCA (42 
U.S.C. 6295(o)), incorporate standby mode and off mode energy use into 
a single standard, or, if that is not feasible, adopt a separate 
standard for such energy use for that product. (42 U.S.C. 
6295(gg)(3)(A)-(B)) DOE's current test procedures for consumer clothes 
dryers address standby mode and off mode energy use. In this 
rulemaking, DOE intends to incorporate such energy use into any amended 
energy conservation standards that it may adopt.

B. Background

1. Current Standards
    The most recent standards rulemaking for consumer clothes dryers 
was promulgated on April 21, 2011. Specifically, DOE published a direct 
final rule (the ``2011 Direct Final Rule'') amending the energy 
conservation standard for consumer clothes dryers manufactured on and 
after January 1, 2015. 76 FR 22454 (Apr. 21, 2011). The energy 
conservation standards, as amended in the 2011 Direct Final Rule, 
represent the current standards and are in accordance with the appendix 
D1 test procedure as discussed in section III.B of this document. They 
are based on combined energy factor (``CEF'')--a metric that 
incorporates energy use in active mode, standby mode, and off mode. 
Compliance with the current standards was required as of January 1, 
2015. 76 FR 52852 (Aug. 24, 2011).
    Even though DOE maintained the same energy-efficiency descriptor 
for both appendix D1 and appendix D2, DOE notes that the CEF values are 
not equivalent because of the extensive differences in test methods. To 
avoid potential confusion that would result from using the same 
efficiency descriptor for both test procedures as it relates to the 
standards discussed in this document, DOE is including a ``D1'' or 
``D2'' subscript when referring to the appendix D1 CEF and appendix D2 
CEF, respectively (i.e., CEF<INF>D1</INF> and CEF<INF>D2</INF>), in 
this document.\13\
---------------------------------------------------------------------------

    \13\ Note that while the current standards are based on CEF as 
determined in accordance with appendix D1, manufacturers are 
permitted to use the appendix D2 test procedure to comply with the 
current standards, as long as they use a single appendix for all 
representations.
---------------------------------------------------------------------------

    These current consumer clothes dryer standards as measured under 
appendix D1 are set forth in DOE's regulations at 10 CFR 430.32(h) and 
are repeated in Table II.1. DOE has conducted the rulemaking analysis 
for this proposed rule under the appendix D2 test procedure because 
compliance will be required concurrent with amended energy 
conservation, if finalized. DOE discusses additional details about the 
engineering baseline in section IV.C.1 of this document.

[[Page 51741]]



 Table II.1--Federal Energy Conservation Standards for Consumer Clothes
                  Dryers as Measured Under Appendix D1
------------------------------------------------------------------------
                                                            CEFD1 (lbs/
                      Product class                            kWh)
------------------------------------------------------------------------
(A) Vented Electric, Standard (4.4 ft \3\ or greater                3.73
 capacity)..............................................
(B) Vented Electric, Compact (120V) (less than 4.4 ft               3.61
 \3\ capacity)..........................................
(C) Vented Electric, Compact (240V) (less than 4.4 ft               3.27
 \3\ capacity)..........................................
(D) Vented Gas..........................................            3.30
(E) Ventless Electric, Compact (240V) (less than 4.4 ft             2.55
 \3\ capacity)..........................................
(F) Ventless Electric, Combination Washer-Dryer.........            2.08
------------------------------------------------------------------------

    On December 16, 2020, DOE published a final rule establishing a 
separate product class for consumer clothes dryers that offer cycle 
times for a ``normal'' cycle \14\ of less than 30 minutes. 85 FR 81359 
(Dec. 16, 2020) (``December 2020 Final Rule''). Because no such 
``short-cycle'' consumer clothes dryers are currently on the market in 
the United States, DOE did not include analysis of this newly 
established product class in the preliminary TSD.
---------------------------------------------------------------------------

    \14\ Section 3.3.2 of appendix D2 requires that the ``normal'' 
program shall be selected for the test cycle; for clothes dryers 
that do not have a ``normal'' program, the cycle recommended by the 
manufacturer for drying cotton or linen clothes shall be selected.
---------------------------------------------------------------------------

    While these short-cycle products had previously been subject to 
energy and water conservation standards, the December 2020 Final Rule 
stated that short-cycle product classes were no longer subject to any 
water or energy conservation standards. 85 FR 68723, 68742; 85 FR 
81359, 81376. As a result, the short-cycle products were allowed to 
consume unlimited amounts of energy and water.
    As discussed in a NOPR subsequently published on August 11, 2021, 
DOE noted that in amending the standards for short-cycle products to 
allow for unlimited water and energy usage, DOE failed to consider 
whether the amended standards met the criteria in EPCA for issuing an 
amended standard. Notably, among other things, DOE did not determine, 
as required, that the amended standards for short-cycle products were 
designed to achieve the maximum improvement in energy efficiency that 
is technologically feasible and economically justified. (42 U.S.C. 
6295(o)(2)(A)) 86 FR 43970, 43971. DOE has since published a final rule 
on January 19, 2022, which revoked the December 2020 Final Rule that 
improperly promulgated standards for this new product class and 
reinstated the prior product classes and applicable standards for these 
covered products. 87 FR 2673, 2686. Therefore, DOE did not include 
analysis of a short-cycle product class in the NOPR TSD.
2. Current Process
    DOE published a request for information (``RFI'') on March 27, 2015 
(the ``March 2015 RFI'') describing the approaches and methods DOE will 
use in evaluating potential amended standards for consumer clothes 
dryers. 80 FR 16309 (Mar. 27, 2015). In addition, the RFI solicited 
information from the public to help DOE determine whether amended 
standards for consumer clothes dryers would result in a significant 
amount of additional energy savings, and whether those standards would 
be technologically feasible and economically justified. Id. The March 
2015 RFI is available at <a href="http://www.regulations.gov/document/EERE-2014-BT-STD-0058-0001">www.regulations.gov/document/EERE-2014-BT-STD-0058-0001</a>.
    DOE published a notice of public webinar and availability of the 
preliminary TSD on April 19, 2021 (``April 2021 Preliminary Analysis'') 
to collect data and information to inform its decision consistent with 
its obligations under EPCA. 86 FR 20327. DOE subsequently held a public 
webinar on May 26, 2021, to discuss and receive comments on the 
preliminary TSD. The preliminary TSD that presented the methodology and 
results of the preliminary analysis is available at: 
<a href="http://www.regulations.gov/document/EERE-2014-BT-STD-0058-0020">www.regulations.gov/document/EERE-2014-BT-STD-0058-0020</a>.
    DOE received comments in response to the April 2021 Preliminary 
Analysis from the interested parties listed in Table II.2.

      Table II.2--April 2021 Preliminary Analysis Written Comments
------------------------------------------------------------------------
          Commenter(s)               Abbreviation       Commenter type
------------------------------------------------------------------------
Association of Home Appliance     AHAM..............  Trade Association.
 Manufacturers.
Appliance Standards Awareness     ASAP, NRDC........  Efficiency
 Project, Natural Resources                            Organizations.
 Defense Council.
California Investor-Owned         California IOUs...  Utilities.
 Utilities.
GE Appliances, a Haier Company..  GEA...............  Manufacturer.
Whirlpool Corporation...........  Whirlpool.........  Manufacturer.
Samsung Electronics America.....  Samsung...........  Manufacturer.
Northwest Energy Efficiency       NEEA..............  Efficiency
 Alliance.                                             Organization.
Institute for Policy Integrity    IPI...............  Efficiency
 at NYU School of Law.                                 Organization.
------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\15\
---------------------------------------------------------------------------

    \15\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for consumer clothes dryers. (Docket 
No. EERE-2014-BT-STD-0058, which is maintained at 
<a href="http://www.regulations.gov">www.regulations.gov</a>). The references are arranged as follows: 
(commenter name, comment docket ID number, page of that document).
---------------------------------------------------------------------------

    In response to the preliminary analysis, AHAM and Whirlpool stated 
that as laundry products are designed and used in pairs, DOE should 
harmonize its rulemaking processes such that the compliance dates for 
residential clothes washers and consumer clothes dryers are, if not 
identical, very close in time. According to AHAM and Whirlpool, this 
would

[[Page 51742]]

greatly reduce burden on manufacturers as they work to design products 
to meet amended standards as well as on retailers and consumers as 
products are re-floored leading up to and on the compliance date of any 
amended energy conservation standards. (AHAM, No. 23 at p. 6; 
Whirlpool, No. 27 at p. 13)
    DOE appreciates the comments from AHAM and Whirlpool and recognizes 
the benefits of aligning the schedule for future amended standards for 
both products and may investigate harmonization of future rulemaking 
processes.
    Additionally, AHAM stated its strong opposition to Natural 
Resources Canada's (``NRCan'') proposal to make ENERGY STAR levels the 
minimum energy conservation standard for clothes dryers in Canada and 
strongly urged DOE to not only weigh in against NRCan's approach 
through the U.S.-Canada Regulatory Cooperation Council and under the 
recently signed Memorandum of Understanding on energy cooperation, but 
also to account for the burden of any misalignment in DOE's analysis. 
According to AHAM it is critical that amended standards are coordinated 
in both substance and timing in order to maintain a consistent U.S.-
Canadian market for home appliances. (AHAM, No. 23 at p. 9)
    DOE notes that review of efficiency standards efforts in other 
regions is discussed in chapter 3 of the NOPR TSD. DOE will continue to 
review and track these efforts as part of its analysis.

C. Deviation From Appendix A

    Section 3(a) of 10 CFR part 430, subpart C, appendix A (``appendix 
A'') specifies that, in those instances where the Department may find 
it necessary or appropriate to deviate from the procedures, 
interpretations or policies that are generally applicable to the 
development of energy conservation standards and test procedures, DOE 
will provide interested parties with notice of the deviation and an 
explanation. DOE finds that it is appropriate to deviate from its 
existing procedures by publishing this NOPR instead of releasing an 
additional framework document because such activity would be redundant 
due to the information previously obtained through the March 2015 RFI 
and the preliminary analysis. Additionally, DOE finds it necessary to 
deviate from its existing procedures by providing a 60-day comment 
period for this NOPR because interested parties received sufficient 
time to comment on earlier rulemaking documents that relied on many of 
the same analytical assumptions and approaches presented in this 
proposal.
    In accordance with section 3(a) of appendix A, DOE notes that it is 
deviating from the provision in appendix A regarding the pre-NOPR 
stages for an energy conservation standards rulemaking. Section 6(a)(2) 
of appendix A states that if the Department determines it is 
appropriate to proceed with a rulemaking, the preliminary stages of a 
rulemaking to issue or amend an energy conservation standard that DOE 
will undertake will be a framework document and preliminary analysis, 
or an advance notice of proposed rulemaking. DOE is opting to deviate 
from this step by publishing a NOPR following the preliminary analysis 
without a framework document. A framework document is intended to 
introduce and summarize the various analyses DOE conducts during the 
rulemaking process and requests initial feedback from interested 
parties. As discussed, prior to the preliminary analysis and this NOPR, 
DOE published the March 2015 RFI, in which DOE identified and sought 
comment on the technical and economic analyses to be conducted in 
determining whether amended energy conservation standards would be 
justified. See 80 FR 16309. DOE provided a 45-day comment period for 
the RFI. Id. Comments received following publication of the March 2015 
RFI assisted DOE in identifying and resolving issues related to the 
preliminary analyses. 86 FR 20327, 20330. Given the level of comments 
received to the March 2015 RFI, publication of a framework document 
would be largely redundant with the published RFI and preliminary 
analysis. As such, DOE is deviating from the procedures provided in 
appendix A and is not publishing a framework document prior to the 
publication of this NOPR. The Department has determined that it is 
appropriate to proceed with this proposal due to the information 
obtained through the March 2015 RFI and the preliminary analysis.
    Section 6(f)(2) of appendix A specifies that the length of the 
public comment period for a NOPR will vary depending upon the 
circumstances of the particular rulemaking, but will not be less than 
75 calendar days. For this NOPR, DOE has opted to instead provide a 60-
day comment period. As stated previously DOE requested comment in the 
March 2015 RFI on the technical and economic analyses and provided 
stakeholders a 45-day comment period. Additionally, DOE provided a 75-
day comment period for the preliminary analysis. 86 FR 20327. DOE has 
relied on many of the same analytical assumptions and approaches as 
used in the preliminary assessment and has determined that a 60-day 
comment period in conjunction with the prior comment periods provides 
sufficient time for interested parties to review the proposed rule and 
develop comments. As such, DOE has determined that a 75-comment period 
is not necessary for this proposal and that a 60-day comment period is 
sufficient time for interested stakeholders to submit their comments on 
this document.

III. General Discussion

    DOE developed this proposal after considering oral and written 
comments, data, and information from interested parties that represent 
a variety of interests. The following discussion addresses issues 
raised by these commenters.

A. Product Classes and Scope of Coverage

    When evaluating and establishing energy conservation standards, DOE 
divides covered products into product classes by the type of energy 
used or by capacity or other performance-related features that justify 
differing standards. In determining whether a performance-related 
feature justifies a different standard, DOE must consider such factors 
as the utility of the feature to the consumer and other factors DOE 
determines are appropriate. (42 U.S.C. 6295(q)) DOE's review of the 
preliminary analysis and comments received in response to the 
preliminary analysis, in addition to results from an updated test 
sample, are discussed in more detail in section IV.A of this document.

B. Test Procedure

    EPCA sets forth generally applicable criteria and procedures for 
DOE's adoption and amendment of test procedures. (42 U.S.C. 6293) 
Manufacturers of covered products must use these test procedures to 
certify to DOE that their product complies with energy conservation 
standards and to quantify the efficiency of their product. On October 
8, 2021, DOE published a final rule for the test procedure rulemaking 
(86 FR 56608) (the ``October 2021 TP Final Rule''), in which it amended 
appendix D1 and appendix D2, both entitled ``Uniform Test Method for 
Measuring the Energy Consumption of Clothes Dryers,'' to provide 
additional detail in response to questions from manufacturers and test 
laboratories, including additional detail regarding the testing of 
``connected'' models, dryness level selection, and the procedures for 
maintaining the required heat input rate for gas clothes dryers;

[[Page 51743]]

additional detail for the test procedures for performing inactive and 
off mode power measurements; specifications for the final moisture 
content (``FMC'') required for testing automatic termination control 
dryers; specification of a narrower scale resolution for the weighing 
scale used to determine moisture content of test loads; and 
specification that the test load must be weighed within 5 minutes after 
a test cycle has terminated. In addition, DOE amended the test 
procedures to update the estimated number of annual use cycles for 
clothes dryers; provide further direction for additional provisions 
within the test procedures; specify rounding requirements for all 
reported values; apply consistent use of nomenclature and correct 
typographical errors; remove obsolete sections of the test procedures, 
including appendix D; and update the reference to the applicable 
industry test procedure to the version certified by the American 
National Standards Institute (``ANSI''). 86 FR 56608, 56610 DOE's 
current energy conservation standards for consumer clothes dryers are 
expressed in terms of CEF<INF>D1</INF>. (See 10 CFR 430.32(h)(3).)
    In response to the preliminary analysis, commenters requested that 
DOE finalize the test procedure rulemaking prior to proceeding with 
energy conservation standards rulemaking in order to capture any 
impacts a finalized test procedure would have on amended standards. 
(AHAM, No. 22 at pp. 7-8; AHAM, No. 23 at pp. 2-4; California IOUs, No. 
26 at pp. 4-5; GEA, No. 28 at p. 2; NEEA, No. 30 at p. 8).
    At the time of the publication of the preliminary analysis, the 
October 2021 TP Final Rule had not yet published; however, DOE noted in 
the October 2021 TP Final Rule that the amendments adopted, other than 
the amendment to the number of annual use cycles in appendix D2, would 
not substantively alter the measured efficiency of consumer clothes 
dryers, and that the test procedures would not be unduly burdensome to 
conduct. The amendment to the number of annual use cycles specified for 
calculating per-cycle standby mode and off mode energy consumption 
would alter the measured energy efficiency of consumer clothes dryers 
when using appendix D2, but use of the amended value in appendix D2 is 
not required until such time as DOE were to amend the energy 
conservations standards accounting for such changes in the test 
procedure, should such amended energy conservation standards be 
adopted. 86 FR 56608, 56611.
    GEA, AHAM, and Samsung requested that DOE review the FMC 
requirement according to appendix D2, stating that the current 2-
percent FMC requirement is too strict and not representative of 
consumer preference. (GEA, No. 22 at pp. 42-44; AHAM, No. 23 at p. 4; 
Samsung, No. 29 at pp. 2-3) AHAM questioned the degree of savings that 
can be achieved through more stringent standards, stating that the 
energy conservation standards would have less of an impact on consumer 
clothes dryer energy use than the FMC itself. As stated in the October 
2021 TP Final Rule, the current 2-percent FMC requirement using the DOE 
test cloth was adopted as representative of approximately 5-percent FMC 
for ``real-world'' clothing, based on data submitted in a joint 
petition for rulemaking.\16\ DOE determined in the August 2013 Final 
Rule that the specified 2-percent FMC using the DOE test load was 
representative of consumer expectations for dryness of clothing in 
field use. 78 FR 49608, 49620-49622, 49610-49611 (Aug. 14, 2013). DOE 
has not identified any systemic problems with any consumer clothes 
dryer types being able to achieve the required FMC of 2 percent or 
less, such that amendments to the test procedure would be warranted and 
therefore did not amend the FMC requirement for either appendix D1 or 
appendix D2 in the October 2021 TP Final Rule. 86 FR 56608, 56626.
---------------------------------------------------------------------------

    \16\ The petition was submitted by AHAM, Whirlpool Corporation, 
General Electric Company, Electrolux, LG Electronics, Inc., BSH, 
Alliance Laundry Systems, Viking Range, Sub-Zero Wolf, Friedrich A/
C, U-Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA 
Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik, 
Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, and 
DeLonghi, American Council for an Energy Efficient Economy, 
Appliance Standards Awareness Project, Natural Resources Defense 
Council, Alliance to Save Energy, Alliance for Water Efficiency, 
Northwest Power and Conservation Council, and Northeast Energy 
Efficiency Partnerships, Consumer Federation of America and the 
National Consumer Law Center. See Docket No. EERE-2011-BT-TP-0054, 
No. 3.
---------------------------------------------------------------------------

    ASAP, NRDC, and Samsung requested that DOE consider the testing of 
an additional smaller test load to supplement the current test load, 
stating a smaller test load could better represent consumer use and 
clothes dryer efficiency. (ASAP, NRDC, No. 25 at p. 1; Samsung, No. 29 
at p. 3) As stated in the October 2021 TP Final Rule, with little 
expected change to the CEF<INF>D2</INF> value when considering the 
energy consumption associated with a range of load sizes, DOE does not 
believe the additional testing would provide consumers with improved 
information that would change their purchasing decisions compared to 
the current test procedure. As such, any incremental benefit of testing 
with additional load sizes would be outweighed by the significant added 
burden that would be imposed by conducting such tests. For these 
reasons, DOE did not propose or adopt any amendments to the test 
procedure requiring additional test load sizes in the October 2021 TP 
Final Rule. 86 FR 56608, 56621.
    In response to the preliminary analysis, the California IOUs 
presented data suggesting that consumer clothes dryers that have 
identical ratings under appendix D1 can vary considerably when tested 
to appendix D2, and also stated that DOE's analysis in the preliminary 
TSD shows that baseline efficiency consumer clothes dryers tested under 
appendix D1 significantly underperform when tested under appendix D2. 
For these reasons, the California IOUs recommended that DOE use this 
rulemaking or the open test procedure rulemaking to phase out appendix 
D1 in favor of an updated appendix D2 test procedure. Samsung further 
supported DOE requiring the appendix D2 test procedure for 
manufacturers as the mandatory procedure for testing consumer clothes 
dryers. (California IOUs, No. 26 at p. 5) According to Samsung, 
appendix D2 has been recognized by stakeholders as truly representing 
how automatic termination control dryers are used by consumers, and 
manufacturers of ENERGY STAR-qualified consumer clothes dryers are 
familiar with, and have invested in, the test procedure in appendix D2, 
as it is already mandated for ENERGY STAR qualification. Furthermore, 
Samsung asserted that the appendix D1 test procedure was intended as a 
stopgap measure to test ``sensor [automatic termination control] 
dryers'' using ``non-sensing'' settings (i.e., timer drying cycle) and 
does not represent how automatic termination clothes dryers are used by 
consumers as accurately as the appendix D2 test procedure. Samsung 
recommended that, since appendix D2 has been used for many years for 
ENERGY STAR qualification, appendix D1 be phased out now, with an 
appropriate adjustment to the underlying energy conservation standards 
to reflect the change in test method as described in EPCA. (Samsung, 
No. 29 at p. 2)
    As discussed in the October 2021 TP Final Rule, the version of 
appendix D2 adopted in that final rule would be used for the evaluation 
and issuance of updated energy conservation standards, with compliance 
with that version of appendix D2 required on the

[[Page 51744]]

implementation date of updated standards. 86 FR 56608, 56635-56636 
(Oct. 8, 2021). Accordingly, DOE notes that the preliminary analysis 
and this NOPR analysis are based on the appendix D2 test procedure, and 
therefore the proposed amended energy conservation standards in this 
document are also based on the appendix D2 test procedure. These 
proposed amendments are discussed in more detail in section IV.C of 
this document.

C. Technological Feasibility

1. General
    In evaluating potential amendments to energy conservation 
standards, DOE conducts a screening analysis based on information 
gathered on all current technology options and prototype designs that 
could improve the efficiency of the products or equipment that are the 
subject of the rulemaking. As the first step in such an analysis, DOE 
develops a list of technology options for consideration in consultation 
with manufacturers, design engineers, and other interested parties. DOE 
then determines which of those means for improving efficiency are 
technologically feasible. DOE considers technologies incorporated in 
commercially-available products or in working prototypes to be 
technologically feasible. Sections 6(b)(3)(i) and 7(b)(1) of appendix 
A.
    After DOE has determined that particular technology options are 
technologically feasible, it further evaluates each technology option 
in light of the following additional screening criteria: (1) 
practicability to manufacture, install, and service; (2) adverse 
impacts on product utility or availability; (3) adverse impacts on 
health or safety, and (4) unique-pathway proprietary technologies. 
Sections 6(b)(3)(ii)-(v) and 7(b)(2)-(5) of appendix A. Section IV.B of 
this document discusses the results of the screening analysis for 
consumer clothes dryers, particularly the designs DOE considered, those 
it screened out, and those that are the basis for the standards 
considered in this rulemaking. For further details on the screening 
analysis for this rulemaking, see chapter 4 of the NOPR TSD.
2. Maximum Technologically Feasible Levels
    When DOE proposes to adopt an amended standard for a type or class 
of covered product, it must determine the maximum improvement in energy 
efficiency or maximum reduction in energy use that is technologically 
feasible for such product. (42 U.S.C. 6295(p)(1)) Accordingly, in the 
engineering analysis, DOE determined the maximum technologically 
feasible (``max-tech'') improvements in energy efficiency for consumer 
clothes dryers, using the design parameters for the most efficient 
products available on the market or in working prototypes. The max-tech 
levels that DOE determined for this rulemaking are described in section 
IV.C.1 of this document and in chapter 5 of the NOPR TSD.

D. Energy Savings

1. Determination of Savings
    For each trial standard level (``TSL''), DOE projected energy 
savings from application of the TSL to consumer clothes dryers 
purchased in the 30-year period that begins in the year of compliance 
with the proposed standards (2027-2056).\17\ The savings are measured 
over the entire lifetime of consumer clothes dryers purchased in the 
previous 30-year period. DOE quantified the energy savings attributable 
to each TSL as the difference in energy consumption between each 
standards case and the no-new-standards case. The no-new-standards case 
represents a projection of energy consumption that reflects how the 
market for a product would likely evolve in the absence of amended 
energy conservation standards.
---------------------------------------------------------------------------

    \17\ Each TSL is composed of specific efficiency levels for each 
product class. The TSLs considered for this NOPR are described in 
section V.A of this document. DOE conducted a sensitivity analysis 
that considers impacts for products shipped in a 9-year period.
---------------------------------------------------------------------------

    DOE used its national impact analysis (``NIA'') spreadsheet model 
to estimate national energy savings (``NES'') from potential amended or 
new standards for consumer clothes dryers. The NIA spreadsheet model 
(described in section IV.H of this document) calculates energy savings 
in terms of site energy, which is the energy directly consumed by 
products at the locations where they are used. For electricity, DOE 
reports national energy savings in terms of primary energy savings, 
which is the savings in the energy that is used to generate and 
transmit the site electricity. For natural gas, the primary energy 
savings are considered to be equal to the site energy savings. DOE also 
calculates NES in terms of FFC energy savings. The FFC metric includes 
the energy consumed in extracting, processing, and transporting primary 
fuels (i.e., coal, natural gas, petroleum fuels), and thus presents a 
more complete picture of the impacts of energy conservation 
standards.\18\ DOE's approach is based on the calculation of an FFC 
multiplier for each of the energy types used by covered products or 
equipment. For more information on FFC energy savings, see section 
IV.H.2 of this document.
---------------------------------------------------------------------------

    \18\ The FFC metric is discussed in DOE's statement of policy 
and notice of policy amendment. 76 FR 51282 (Aug. 18, 2011), as 
amended at 77 FR 49701 (Aug. 17, 2012).
---------------------------------------------------------------------------

2. Significance of Savings
    To adopt any new or amended standards for a covered product, DOE 
must determine that such action would result in significant energy 
savings.
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\19\ For 
example, some covered products and equipment have most of their energy 
consumption occur during periods of peak energy demand. The impacts of 
these products on the energy infrastructure can be more pronounced than 
products with relatively constant demand. In evaluating the 
significance of energy savings, DOE considers differences in primary 
energy and FFC effects for different covered products and equipment 
when determining whether energy savings are significant. Primary energy 
and FFC effects include the energy consumed in electricity production 
(depending on load shape), in distribution and transmission, and in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and thus present a more complete picture 
of the impacts of energy conservation standards.
---------------------------------------------------------------------------

    \19\ The numeric threshold for determining the significance of 
energy savings established in a final rule published on February 14, 
2020 (85 FR 8626, 8670), was subsequently eliminated in a final rule 
published on December 13, 2021 (86 FR 70892).
---------------------------------------------------------------------------

    Accordingly, DOE evaluates the significance of energy savings on a 
case-by-case basis, taking into account the significance of cumulative 
FFC national energy savings, the cumulative FFC emissions reductions, 
and the need to confront the global climate crisis, among other 
factors. As discussed in section V.C of this document, DOE is proposing 
to adopt TSL 3, which would save an estimated 3.11 quads of energy 
(FFC). DOE has initially determined that these energy savings are 
``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B).

E. Economic Justification

1. Specific Criteria
    As noted previously, EPCA provides seven factors to be evaluated in

[[Page 51745]]

determining whether a potential energy conservation standard is 
economically justified. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) The 
following sections discuss how DOE has addressed each of those seven 
factors in this rulemaking.
a. Economic Impact on Manufacturers and Consumers
    In determining the impacts of a potential amended standard on 
manufacturers, DOE conducts an MIA, as discussed in section IV.J of 
this document. DOE first uses an annual cash-flow approach to determine 
the quantitative impacts. This step includes both a short-term 
assessment--based on the cost and capital requirements during the 
period between when a regulation is issued and when entities must 
comply with the regulation--and a long-term assessment over a 30-year 
period. The industry-wide impacts analyzed include (1) INPV, which 
values the industry on the basis of expected future cash flows; (2) 
cash flows by year; (3) changes in revenue and income; and (4) other 
measures of impact, as appropriate. Second, DOE analyzes and reports 
the impacts on different types of manufacturers, including impacts on 
small manufacturers. Third, DOE considers the impact of standards on 
domestic manufacturer employment and manufacturing capacity, as well as 
the potential for standards to result in plant closures and loss of 
capital investment. Finally, DOE takes into account cumulative impacts 
of various DOE regulations and other regulatory requirements on 
manufacturers.
    For individual consumers, measures of economic impact include the 
changes in LCC and PBP associated with new or amended standards. These 
measures are discussed further in the following section. For consumers 
in the aggregate, DOE also calculates the national net present value of 
the consumer costs and benefits expected to result from particular 
standards. DOE also evaluates the impacts of potential standards on 
identifiable subgroups of consumers that may be affected 
disproportionately by a standard.
b. Savings in Operating Costs Compared to Increase in Price (LCC and 
PBP)
    EPCA requires DOE to consider 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 product 
that are likely to result from a standard. (42 U.S.C. 
6295(o)(2)(B)(i)(II)) DOE conducts this comparison in its LCC and PBP 
analysis.
    The LCC is the sum of the purchase price of a product (including 
its installation) and the operating expense (including energy, 
maintenance, and repair expenditures) discounted over the lifetime of 
the product. The LCC analysis requires a variety of inputs, such as 
product prices, product energy consumption, energy prices, maintenance 
and repair costs, product lifetime, and discount rates appropriate for 
consumers. To account for uncertainty and variability in specific 
inputs, such as product lifetime and discount rate, DOE uses a 
distribution of values, with probabilities attached to each value.
    The PBP is the estimated amount of time (in years) it takes 
consumers to recover the increased purchase cost (including 
installation) of a more-efficient product through lower operating 
costs. DOE calculates the PBP by dividing the change in purchase cost 
due to a more-stringent standard by the change in annual operating cost 
for the year that standards are assumed to take effect.
    For its LCC and PBP analysis, DOE assumes that consumers will 
purchase the covered products in the first year of compliance with new 
or amended standards. The LCC savings for the considered efficiency 
levels are calculated relative to the case that reflects projected 
market trends in the absence of new or amended standards. DOE's LCC and 
PBP analysis is discussed in further detail in section IV.F of this 
document.
c. Energy Savings
    Although significant conservation of energy is a separate statutory 
requirement for adopting an energy conservation standard, EPCA requires 
DOE, in determining the economic justification of a standard, to 
consider the total projected energy savings that are expected to result 
directly from the standard. (42 U.S.C. 6295(o)(2)(B)(i)(III)) As 
discussed in section III.D of this document, DOE uses the NIA 
spreadsheet models to project national energy savings.
d. Lessening of Utility or Performance of Products
    In establishing product classes and in evaluating design options 
and the impact of potential standard levels, DOE evaluates potential 
standards that would not lessen the utility or performance of the 
considered products. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) Based on data 
available to DOE, the standards proposed in this document would not 
reduce the utility or performance of the products under consideration 
in this rulemaking.
e. Impact of Any Lessening of Competition
    EPCA directs DOE to consider the impact of any lessening of 
competition, as determined in writing by the Attorney General, that is 
likely to result from a proposed standard. (42 U.S.C. 
6295(o)(2)(B)(i)(V)) It also directs the Attorney General to determine 
the impact, if any, of any lessening of competition likely to result 
from a proposed standard and to transmit such determination to the 
Secretary within 60 days of the publication of a proposed rule, 
together with an analysis of the nature and extent of the impact. (42 
U.S.C. 6295(o)(2)(B)(ii)) DOE will transmit a copy of this proposed 
rule to the Attorney General with a request that the Department of 
Justice (``DOJ'') provide its determination on this issue. DOE will 
publish and respond to the Attorney General's determination in the 
final rule. DOE invites comment from the public regarding the 
competitive impacts that are likely to result from this proposed rule. 
In addition, stakeholders may also provide comments separately to DOJ 
regarding these potential impacts. See the ADDRESSES section for 
information to send comments to DOJ.
f. Need for National Energy Conservation
    DOE also considers the need for national energy and water 
conservation in determining whether a new or amended standard is 
economically justified. (42 U.S.C. 6295(o)(2)(B)(i)(VI)) The energy 
savings from the proposed standards are likely to provide improvements 
to the security and reliability of the Nation's energy system. 
Reductions in the demand for electricity also may result in reduced 
costs for maintaining the reliability of the Nation's electricity 
system. DOE conducts a utility impact analysis to estimate how 
standards may affect the Nation's needed power generation capacity, as 
discussed in section IV.M of this document.
    DOE maintains that environmental and public health benefits 
associated with the more efficient use of energy are important to take 
into account when considering the need for national energy 
conservation. The proposed standards are likely to result in 
environmental benefits in the form of reduced emissions of air 
pollutants and greenhouse gases (``GHGs'') associated with energy 
production and use. DOE conducts an emissions analysis to estimate how 
potential standards may

[[Page 51746]]

affect these emissions, as discussed in section IV.K of this document; 
the estimated emissions impacts are reported in section V.B.6 of this 
document. DOE also estimates the economic value of health benefits from 
certain emissions reductions resulting from the considered TSLs, as 
discussed in section IV.L of this document.
    AHAM stated its continued objection to DOE's use of the social cost 
of carbon and other monetization of emissions reductions benefits in 
its analysis of the factors EPCA requires DOE to balance to determine 
the appropriate standard. According to AHAM, while it may be acceptable 
for DOE to continue its current practice of examining the social cost 
of carbon and monetization of other emissions reductions benefits as 
informational so long as the underlying interagency analysis is 
transparent and vigorous, the monetization analysis should not impact 
the trial standards levels DOE selects as a new or amended standard. 
(AHAM, No. 23 at pp. 11-12)
    DOE's evaluation of whether a potential energy conservation 
standard is economically justified is guided by EPCA and also by OMB 
Circular A-4 (Sept. 17, 2003), which provides guidance to Federal 
agencies on the development of regulatory analysis. As indicated above, 
DOE believes that avoiding negative impacts to human health and the 
wide range of impacts associated with climate change are key factors 
behind the need for energy conservation.\20\ OMB Circular A-4 states: 
``Benefit-cost analysis is a primary tool used for regulatory analysis. 
Where all benefits and costs can be quantified and expressed in 
monetary units, benefit-cost analysis provides decision makers with a 
clear indication of the most efficient alternative, that is, the 
alternative that generates the largest net benefits to society.'' (p. 
2) Monetizing public health benefits of regulations is a long-standing 
practice in Federal regulatory analysis. To not consider such benefits 
when evaluating whether a potential energy conservation standard is 
economically justified would be contrary to both EPCA and OMB's 
guidance. In addition, on March 16, 2022, the Fifth Circuit Court of 
Appeals (No. 22-30087) granted the federal government's emergency 
motion for stay pending appeal of the February 11, 2022, preliminary 
injunction issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. 
La.). As a result of the Fifth Circuit's order, the preliminary 
injunction is no longer in effect, pending resolution of the federal 
government's appeal of that injunction or a further court order. Among 
other things, the preliminary injunction enjoined the defendants in 
that case from ``adopting, employing, treating as binding, or relying 
upon'' the interim estimates of the social cost of greenhouse gases--
which were issued by the Interagency Working Group on the Social Cost 
of Greenhouse Gases on February 26, 2021--to monetize the benefits of 
reducing greenhouse gas emissions. As reflected in this rule, DOE has 
reverted to its approach prior to the injunction and presents monetized 
greenhouse gas abatement benefits where appropriate and permissible 
under law.
---------------------------------------------------------------------------

    \20\ As mentioned previously, following the preliminary 
injunction issued on February 11, 2022, in Louisiana v. Biden, No. 
21-cv-1074-JDC-KK (W.D. La.), DOE is currently not monetizing the 
costs of greenhouse gas emissions.
---------------------------------------------------------------------------

g. Other Factors
    In determining whether an energy conservation standard is 
economically justified, DOE may consider any other factors that the 
Secretary deems to be relevant. (42 U.S.C. 6295(o)(2)(B)(i)(VII)) To 
the extent DOE identifies any relevant information regarding economic 
justification that does not fit into the other categories described 
previously, DOE could consider such information under ``other 
factors.''
2. Rebuttable Presumption
    As set forth in 42 U.S.C. 6295(o)(2)(B)(iii), EPCA creates a 
rebuttable presumption that an energy conservation standard is 
economically justified if the additional cost to the consumer of a 
product that meets the standard is less than three times the value of 
the first year's energy savings resulting from the standard, as 
calculated under the applicable DOE test procedure. DOE's LCC and PBP 
analyses generate values used to calculate the effects that proposed 
energy conservation standards would have on the payback period for 
consumers. These analyses include, but are not limited to, the 3-year 
payback period contemplated under the rebuttable-presumption test. In 
addition, DOE routinely conducts an economic analysis that considers 
the full range of impacts to consumers, manufacturers, the Nation, and 
the environment, as required under 42 U.S.C. 6295(o)(2)(B)(i). The 
results of this analysis serve as the basis for DOE's evaluation of the 
economic justification for a potential standard level (thereby 
supporting or rebutting the results of any preliminary determination of 
economic justification). The rebuttable presumption payback calculation 
is discussed in section IV.F.9 of this document.

IV. Methodology and Discussion of Related Comments

    This section addresses the analyses DOE has performed for this 
rulemaking with regard to consumer clothes dryers. Separate sections 
address each component of DOE's analyses.
    DOE used several analytical tools to estimate the impact of the 
standards proposed in this document. The first tool is a spreadsheet 
that calculates the LCC savings and PBP of potential amended or new 
energy conservation standards. The national impacts analysis uses a 
second spreadsheet set that provides shipments projections and 
calculates national energy savings and net present value of total 
consumer costs and savings expected to result from potential energy 
conservation standards. DOE uses the third spreadsheet tool, the 
Government Regulatory Impact Model (``GRIM''), to assess manufacturer 
impacts of potential standards. These three spreadsheet tools are 
available on the DOE website for this rulemaking: <a href="http://www.regulations.gov/docket/EERE-2014-BT-STD-0058/">www.regulations.gov/docket/EERE-2014-BT-STD-0058/</a>. Additionally, DOE used output from the 
latest version of the Energy Information Administration's (``EIA's'') 
Annual Energy Outlook (``AEO''), a widely known energy projection for 
the United States, for the emissions and utility impact analyses.

A. Market and Technology Assessment

    DOE develops information in the market and technology assessment 
that provides an overall picture of the market for the products 
concerned, including the purpose of the products, the industry 
structure, manufacturers, market characteristics, and technologies used 
in the products. This activity includes both quantitative and 
qualitative assessments, based primarily on publicly available 
information. The subjects addressed in the market and technology 
assessment for this rulemaking include (1) a determination of the scope 
of the rulemaking and product classes, (2) manufacturers and industry 
structure, (3) existing efficiency programs, (4) shipments information, 
(5) market and industry trends, and (6) technologies or design options 
that could improve the energy efficiency of consumer clothes dryers. 
The key findings of DOE's market assessment are summarized in the 
following sections. See chapter 3 of the NOPR TSD for further 
discussion of the market and technology assessment.

[[Page 51747]]

1. Scope of Coverage and Product Classes
    DOE defines ``electric clothes dryer'' under EPCA as a cabinet-like 
appliance designed to dry fabrics in a tumble-type drum with forced air 
circulation. The heat source is electricity and the drum and blower(s) 
are driven by an electric motor(s). Similarly, DOE defines ``gas 
clothes dryer'' as a cabinet-like appliance designed to dry fabrics in 
a tumble-type drum with forced air circulation. The heat source is gas 
and the drum and blower(s) are driven by an electric motor(s). (10 CFR 
430.2)
    In response to the preliminary analysis, the California IOUs 
offered information on at least two manufacturers producing a dry-and-
steam clothing cabinet and encouraged DOE to explore the market 
prevalence and potential growth of this equipment and what features 
represent an average use cycle. The California IOUs also suggested DOE 
consider the current clothes washers rulemaking or dehumidifiers 
rulemaking to provide guidance on how this product should be classified 
and, if appropriate, tested and rated. (California IOUs, No. 26 at p. 
7) DOE may investigate this product in a future rulemaking; however, as 
this product does not meet the definition of a clothes dryer because it 
does not include a tumble-type drum, it was not included in this 
analysis.
    The current product classes, which were established by the April 
2011 Direct Final Rule, are presented in Table IV.1.

       Table IV.1--Current Consumer Clothes Dryer Product Classes
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Vented dryers:
    Electric, Standard (4.4 cubic feet (ft\3\) or greater capacity).
    Electric, Compact (120 volts (V)) (less than 4.4 ft\3\ capacity).
    Electric, Compact (240 V) (less than 4.4 ft\3\ capacity).
    Gas.
Ventless dryers:
    Electric, Compact (240 V) (less than 4.4 ft\3\ capacity).
    Electric, Combination Washer-Dryer.
------------------------------------------------------------------------

    Based on its review of products available on the market in the 
United States, DOE notes that at least six manufacturers currently 
offer a ventless clothes dryer with a drum capacity greater than 4.4 
ft\3\. As a result, in the preliminary analysis, DOE analyzed an 
additional product class for ventless electric standard clothes dryers, 
with drum capacity larger than 4.4 ft\3\.
    In response to the preliminary analysis, the California IOUs 
requested that DOE investigate potential reporting errors within the 
Compliance Certification Database (``CCD''), as the California IOUs 
asserted that multiple products were incorrectly listed in the CCD as 
``vented'' products while certified as ``ventless'' products in the 
ENERGY STAR product database and represented as ``ventless'' in 
manufacturer literature. (California IOUs, No. 26 at p. 4) DOE will 
work to investigate any classification errors within the CCD and 
requests comment on additional information regarding potential 
classification errors.
    In response to the preliminary analysis, ASAP, NRDC, the California 
IOUs, and NEEA requested that DOE review the efficiencies of models 
currently available on the market, specifically for the vented electric 
standard product class, stating that there are currently available 
models with higher efficiencies than the max-tech efficiency level 
considered in the preliminary analysis for this product class. (ASAP, 
NRDC, No. 25 at pp. 1-2; California IOUs, No. 26 at pp. 3-4; NEEA, No. 
30 at pp. 10-11) Upon review of these higher efficiency models, DOE 
discovered that many of the higher efficiency electric standard clothes 
dryers on the market are ventless and employ heat pump technology and 
that there are no lower-efficiency ventless electric standard models 
associated with the less efficient condensing technology that is 
available with the ventless electric compact (240V) product class. 
Given that most heat pump designs at the standard size are inherently 
ventless and result in higher efficiencies, establishing a product 
class for ventless electric standard clothes dryers would essentially 
result in a separate product class for heat pump dryers and leave the 
vented electric standard product class with less efficient conventional 
resistive heating-element dryers. This would effectively restrict the 
efficiency of the vented electric standard product class, as higher 
efficiency technologies would be associated with a different product 
class.
    DOE received comments from AHAM and Whirlpool in response to the 
preliminary analysis stating that ventless electric clothes dryers, 
especially those implementing heat pump designs, have difficulty in 
meeting the 2-percent FMC requirement with Whirlpool stating that 
ventless electric clothes dryers result in longer cycle times than 
conventional vented clothes dryers. (AHAM, No. 23, p. 11; Whirlpool, 
No. 27 at pp. 13-17) Additionally, Whirlpool recommended that DOE 
consider the consumer utility of the differences that arise when 
consumer clothes dryers utilize heat pump technology and to establish a 
separate product class for heat pump clothes dryers (including hybrid 
heat pump clothes dryers). Whirlpool stated that differences in fabric 
care, drying time, heating and cooling energy impacts, lower drying 
temperatures, and technology used are all relevant performance-related 
features that distinguish heat pump and hybrid heat pump clothes dryers 
from all other consumer clothes dryer product classes, which may 
justify a higher standard than for other product types. (Whirlpool, No. 
27 at p. 17) DOE observes that all standard size ventless electric 
clothes dryers and compact ventless electric (120V) clothes dryers are 
rated according to appendix D2 and are ENERGY STAR-qualified, and 
therefore meet the 80-minute cycle time requirement to receive ENERGY 
STAR recognition. Additionally, DOE found no issue in its own testing 
of ventless electric clothes dryers inherent in the ventless electric 
clothes dryer design that supports the claims made by commenters 
regarding difficulty in meeting the FMC requirement and longer cycle 
times (i.e., all ventless electric clothes dryers tested, including 
those utilizing either condensing or heat pump technology, were able to 
meet the 2-percent FMC requirement).
    As discussed, a rule prescribing an energy conservation standard 
must specify a level of energy use or efficiency higher or lower than 
that which applies (or would apply) for any group of covered products 
which have the same function or intended use, if the Secretary 
determines that covered products within such group have a

[[Page 51748]]

capacity or other performance-related feature which justifies a higher 
or lower standard. (42 U.S.C. 6295(q)(1)(B)) For standard size electric 
clothes dryers, the ventless feature does not justify a separate 
standard as compared to standard size electric clothes dryers that are 
vented. Standard size ventless electric clothes dryers can accommodate 
heat pump technology that results in improved efficiency similar to 
that for standard size vented electric clothes dryers. Therefore, upon 
further consideration, no product class distinction is proposed in this 
NOPR between ventless and vented electric standard clothes dryers, nor 
between heat pump and non-heat pump clothes dryers.
    Instead, DOE proposes an ``electric standard'' product class that 
would comprise both ventless and vented electric standard clothes 
dryers. Such a product class would not impact consumer utility, given 
that a consumer could install a ventless electric standard clothes 
dryer in the same locations as vented electric standard clothes dryers, 
and would not result in unacceptable drying performance or cycle time, 
as evidenced by the existing heat pump clothes dryers that are able to 
achieve the 2-percent FMC requirement within an 80-minute cycle time.
    In response to the preliminary analysis, the California IOUs 
requested that DOE consider an additional product class for ventless 
electric compact (120V) models, as such clothes dryers are currently 
available on the market. (California IOUs, No. 26 at p. 3) Upon further 
review, DOE found that, as for ventless electric standard clothes 
dryers, all currently available ventless electric compact (120V) 
clothes dryers utilize heat pump technology. For the same reasons as 
for electric standard clothes dryers (i.e., to capture the energy 
savings associated with heat pump technology and to avoid restricting 
potential efficiency gains for vented electric clothes dryers), DOE 
proposes an ``electric compact (120V)'' product class comprising 
ventless and vented electric compact (120V) models.
    In light of the proposal to have single product classes containing 
all standard size electric clothes dryers and a single product class 
for all compact electric (120V) clothes dryers, DOE also considered 
whether to maintain the current separate product classes distinction 
based on venting for compact electric (240V) clothes dryers. DOE has 
previously determined that for compact electric clothes dryers, a 
ventless configuration is a consumer utility because these dryers 
provide for installations in space-constrained environments. 76 FR 
22454, 22485 (Apr. 21, 2011). Based on the analysis presented in this 
NOPR, DOE has tentatively determined that the higher efficiencies for 
ventless compact (240V) clothes dryers would not be economically 
justified as they would be for vented compact (240V) clothes dryers. 
See Section IV.F of this document. Therefore, DOE tentatively 
determines that venting characteristics continue to justify a separate 
product class for compact (240V) clothes dryers.
    As discussed, vented electric clothes dryers are divided, in part, 
based on capacity such that there is a standard size product class (4.4 
ft\3\ or greater capacity) and compact classes (capacity less than 4.4 
ft\3\). There is no similar class distinction for vented gas clothes 
dryers. Since the previous energy conservation standards rulemaking, 
DOE has identified at least one manufacturer of a vented gas clothes 
dryer with a drum less than 4.4 ft\3\. Such capacity units are subject 
to the energy conservation standard for vented gas clothes dryers. AHAM 
supported splitting the product classes for gas clothes dryers based on 
capacity consistent with the product classes for electric dryers. 
(AHAM, No. 23 at p. 7)
    As discussed, DOE must specify a different standard level for a 
type or class of product that has the same function or intended use, if 
DOE determines that products within such group: (A) consume a different 
kind of energy from that consumed by other covered products within such 
type (or class); or (B) have a capacity or other performance-related 
feature which other products within such type (or class) do not have 
and such feature justifies a higher or lower standard. (42 U.S.C. 
6295(q)(1)) In determining whether a performance-related feature 
justifies a different standard for a group of products, DOE must 
consider such factors as the utility to the consumer of the feature and 
other factors DOE deems appropriate. Id.
    In evaluating potential technologies to improve the energy 
efficiency of vented gas clothes dryers, DOE tentatively has determined 
that vented gas clothes dryers with a capacity of less than 4.4 ft\3\ 
perform in a way that is substantively different than vented gas 
clothes dryers that are 4.4 ft\3\ or greater in capacity. For example, 
DOE has observed that compact vented gas clothes dryers generally 
perform at a lower efficiency than standard size vented gas clothes 
dryers, likely due to the chassis size restrictions, and due to that 
inherent difference, DOE believes that a separate product class is 
warranted. Furthermore, creating a new product class for vented gas 
clothes dryers with a capacity of less than 4.4 ft\3\ would ensure that 
efficiency levels and potential amended standards could better and more 
directly assess the impact of design option implementations for a given 
product configuration. Therefore, DOE has tentatively determined that a 
separate product class and standard for vented gas compact clothes 
dryers (i.e., with a capacity less than 4.4 ft\3\) are justified for 
similar reasons as DOE determined for vented electric compact clothes 
dryers. See 76 FR 22404, 22485 (Apr. 21, 2011). As a result, DOE 
analyzed separate product classes for vented gas standard and vented 
gas compact clothes dryers.
    In sum, DOE proposes the consumer clothes dryer product classes 
listed in Table IV.2 in this NOPR, which expand the scope of certain 
product classes to include both vented and ventless designs, and 
include an additional product class for compact vented gas dryers.

Table IV.2--Notice of Proposed Rulemaking Consumer Clothes Dryer Product
                                 Classes
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Product Classes:
    1. Electric, Standard (4.4 cubic feet (ft\3\) or greater capacity).
    2. Electric, Compact (120 volts (V)) (less than 4.4 ft\3\ capacity).
    3. Vented Electric, Compact (240 V) (less than 4.4 ft\3\ capacity).
    4. Vented Gas, Standard (4.4 ft\3\ or greater capacity).
    5. Vented Gas, Compact (less than 4.4 ft\3\ capacity).
    6. Ventless Electric, Compact (240 V) (less than 4.4 ft\3\
     capacity).
    7. Ventless Electric, Combination Washer/Dryer.
------------------------------------------------------------------------


[[Page 51749]]

2. Technology Options
    In the preliminary market analysis and technology assessment, DOE 
identified 16 technology options that would be expected to improve the 
efficiency of consumer clothes dryers, as measured by the DOE test 
procedure. DOE continues to consider these technology options in this 
NOPR analysis. These technology options can be broadly grouped into 
five main categories: dryer control or drum upgrades, methods of 
exhaust heat recovery (for vented models only), heat generation 
options, improvements to components, and options to reduce standby 
power.

    Table IV.3--Preliminary Analysis: Technology Options for Consumer
                             Clothes Dryers
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Dryer Control or Drum Upgrades:
    Improved termination.
    Increased insulation.
    Modified operating conditions.
    Improved air circulation.
    Improved drum design.
Methods of Exhaust Heat Recovery (Vented Models Only):
    Recycle exhaust heat.
    Inlet air preheat.
    Inlet air preheat, condensing mode.
Heat Generation Options:
    Heat pump, electric only.
    Thermoelectric heating, electric only.
    Microwave, electric only.
    Modulating heat.
    Indirect heating.
Component Improvements:
    Improved motor efficiency.
    Improved fan efficiency.
Standby Power Improvements:
    Transformerless power supply with auto-powerdown.
------------------------------------------------------------------------

    DOE notes that two recently developed consumer clothes dryer 
technologies were not included as part of the preliminary analysis: 
long wavelength radio frequency (``RF'') drying and ultrasonic drying. 
Despite the potential benefits of RF and ultrasonic clothes drying, 
however, both technologies are currently under patent or have received 
a provisional patent. Any energy conservation standard that relied on 
either of these technologies would unfairly advantage the manufacturer 
or individual holder of the patent, and thus DOE did not consider them 
as technology options for the preliminary analysis. Because these 
technologies are technologically feasible, however, DOE proposes in 
this NOPR to retain these as technology options in the technology 
assessment, noting one of the criteria for screening technology options 
for use in further analyses is whether a technology represents a unique 
proprietary pathway (see section IV.B of this document and chapter 4 of 
the NOPR TSD). DOE notes that the current energy conservation standards 
for consumer clothes dryers would not prohibit the use of these 
technologies.
    DOE received several comments in response to the technologies 
proposed in the preliminary analysis to be analyzed for consumer 
clothes dryers.
    Whirlpool suggested that reduced drum seal leakage be considered as 
a technology option. Additionally, Whirlpool stated that approaches to 
reduce standby power may not be consumer-friendly solutions that 
manufacturers would readily implement. Whirlpool suggested that 
delaying the drum light turning on after opening the door or delaying 
the start of a cycle after powering on the unit would frustrate 
consumers, as they typically expect appliances to turn on when action 
is taken such as pressing the power button or opening the door. 
Whirlpool also suggested an off position on the control dial but stated 
that intellectual property may exist around this and may result in 
higher costs. (Whirlpool, No. 27 at p. 17) DOE is not aware of data at 
this time to characterize the impacts reduced drum seal leakage may 
have on efficiency and requests information on efficiency impacts of 
this technology. In addition, the strategies that Whirlpool suggested 
to reduce energy use in standby mode, including delaying the activation 
of the drum light after a door opening or delaying the start of the 
cycle after powering on the unit, would not be measured by appendix D2. 
Furthermore, although appendix D2 incorporates measures of energy use 
in both off mode and inactive (standby) mode, DOE does not have 
information to indicate the relative power consumption in each of these 
modes for any consumer clothes dryers on the market which may have an 
off mode position on the controls, which would provide an estimate of 
the reduction in combined low-power mode energy use. For these reasons, 
at this time, DOE is not proposing to include these technology options 
in its analysis.
    NEEA stated that manufacturers in the current consumer clothes 
dryer market utilize an ``eco mode'' as a lower heat/longer drying time 
strategy to achieve a given efficiency. NEEA asserted that the 
efficiency of a consumer clothes dryer increases substantially with 
lower heat and longer drying time, citing laboratory testing by the 
California IOUs that quantified this effect by alternating periods of 
heat with no heat during a cycle. According to the results of this 
work, NEEA claimed, the average efficiency of consumer clothes dryers 
with these modified controls increased 30 percent compared to their 
default settings used for appendix D2 testing, and drying time 
increased 140 percent. According to NEEA, a no-heat cycle took 4 hours 
to complete but achieved a CEF<INF>D2</INF> value of 7.0. NEEA stated 
that with the energy savings associated with this strategy, as well as 
the relatively low cost associated with the redesign of the control 
panel to enable additional heater/burner algorithms, manufacturers have 
a solid incentive to extensively utilize eco mode as the sole redesign 
strategy to enable their models to meet DOE's forthcoming mandatory 
standard. NEEA warned that the longer drying times associated with 
these energy saving programs are unlikely to be acceptable to many 
consumers in some

[[Page 51750]]

circumstances (e.g., serial dryer loads and other time-sensitive 
loads), which could potentially result in consumers regularly disabling 
these eco modes and may therefore significantly reduce the energy 
savings of dryers in everyday use relative to expectations created by 
the current appendix D2 test procedure. Therefore, NEEA requested that 
DOE require the sole use of appendix D2 for certification purposes as 
well as the required reporting of cycle times in order to mitigate 
against significant reductions in actual real-world energy savings 
associated with a low heat/long drying time eco mode strategy. 
According to NEEA, cycle time reporting would help moderate 
inordinately long cycle times during the D2 test, enable consumers and 
other stakeholders to consider trade-offs between the efficiency and 
cycle time for a given model, and provide data to possibly consider 
more sophisticated approaches to cycle time in subsequent standard 
updates. (NEEA, No. 30 at pp. 1-7) DOE recognizes that some consumer 
clothes dryers are currently certified using appendix D2, and their 
controls may include an ``eco mode'' or ``energy saver mode,'' which 
typically reduce the temperature used in the cycle at the expense of 
increasing the drying time. However, appendix D2 requires, for 
automatic termination control dryers, that the ``normal'' program be 
selected for the energy test cycle. In the event that the automatic 
termination control dryer does not have a ``normal'' program, the cycle 
recommended by the manufacturer for drying cotton or linen clothing is 
selected. Where the drying temperature setting can be chosen 
independently of the program (as would be the case if ``eco mode'' or 
``energy saver mode'' were an optional setting that could be selected 
for the ``normal'' program), the drying temperature must be set to the 
maximum. Section 3.3.2, appendix D2. For timer dryers, the maximum 
temperature setting is selected for the energy test cycle. Section 
3.3.1, appendix D2. Therefore, an available ``eco mode'' or ``energy 
saver mode'' would not be included in the energy test cycle, as they 
would not produce a measure of energy use during a representative 
cycle. For this reason, DOE did not consider such energy saving modes 
as a technology option in this NOPR.
    NEEA further encouraged DOE to consider the following technology 
options: (1) coupled blower modulation with the multi-stage burner/
heater efficiency level, (2) cabinet insulation, (3) backward curved 
fan blades, and (4) recuperation heat recovery in vented heat pump 
clothes dryers associated with a PNNL study. (NEEA, No. 30 at pp. 12-
13) DOE notes that blower modulation is already coupled with the multi-
stage burner/heater efficiency level for both electric and gas consumer 
clothes dryers, although this was not previously stated in chapter 5 of 
the preliminary TSD. DOE has not observed the technology option of 
cabinet insulation in clothes dryers used in this analysis, and 
therefore does not currently have sufficient information to determine 
the potential efficiency impacts associated with the suggested 
technology options, however, DOE notes that with the inherent risk of 
fires that may occur during operation of a consumer clothes dryer, any 
insulation used within the cabinet space would likely need to be fire 
retardant in order to satisfy the fire containment requirements 
according to the UL 2158 safety standard. While insulation of the dryer 
cabinet space would likely lead to potential energy savings, DOE 
expects that the insulation could lead to an increased internal cabinet 
temperature and may potentially lead to the degradation of other 
components within the clothes dryer assembly. DOE therefore requests 
information that would be beneficial in determining any impacts to 
efficiency or performance as a result of implementing each of the 
technology options mentioned. DOE notes that improvements to fan blades 
would be captured in the analyzed technology options as improved fan 
efficiency, however the efficiency improvements specified by NEEA refer 
to heating, ventilation, and air conditioning (``HVAC'') research and 
do not specifically refer to efficiency improvements in consumer 
clothes dryers. Therefore, until DOE has sufficient information on 
efficiency improvements associated with fan designs, the proposed 
incremental efficiency levels will not be associated with improved fan 
efficiency. Regarding the recuperation heat recovery technology option, 
DOE notes that this technology is already considered in this analysis 
referred to as the inlet-air preheat design option. Given the proposed 
change to the product class structure regarding the combination of 
vented and ventless clothes dryers in the standard and compact (120V) 
categories, this technology is now considered in the proposed design 
options for vented consumer clothes dryers, however given that DOE has 
not observed inlet-air preheat technology in consumer clothes dryers on 
the market, specifically heat pump consumer clothes dryers, this 
technology has not been considered at the max-tech level associated 
with heat pump technology.
    Table IV.4 lists the technology options identified for consumer 
clothes dryers in this NOPR. With the inclusion of RF and ultrasonic 
drying technologies in the list of technology options in the NOPR, DOE 
has renamed the grouping for ``heat generation options'' as ``moisture 
removal options.'' See chapter 3 of the NOPR TSD for further discussion 
of the analyzed technologies.

       Table IV.4--Technology Options for Consumer Clothes Dryers
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Dryer Control or Drum Upgrades:
    Improved termination.
    Increased insulation.
    Modified operating conditions.
    Improved air circulation.
    Improved drum design.
Methods of Exhaust Heat Recovery (Vented Models Only):
    Recycle exhaust heat.
    Inlet air preheat.
    Inlet air preheat, condensing mode.
Moisture Removal Options:
    Heat pump, electric only.
    Thermoelectric heating, electric only.
    Microwave, electric only.
    Modulating heat.
    Indirect heating.
    RF drying, electric only.

[[Page 51751]]

 
    Ultrasonic drying, electric only.
Component Improvements:
    Improved motor efficiency.
    Improved fan efficiency.
Standby Power Improvements:
    Transformerless power supply with auto-powerdown.
------------------------------------------------------------------------

B. Screening Analysis

    DOE uses the following five screening criteria to determine which 
technology options are suitable for further consideration in an energy 
conservation standards rulemaking:
    (1) Technological feasibility. Technologies that are not 
incorporated in commercial products or in working prototypes will not 
be considered further.
    (2) Practicability to manufacture, install, and service. If it is 
determined that mass production and reliable installation and servicing 
of a technology in commercial products could not be achieved on the 
scale necessary to serve the relevant market at the time of the 
projected compliance date of the standard, then that technology will 
not be considered further.
    (3) Impacts on product utility or product availability. If it is 
determined that a technology would have a significant adverse impact on 
the utility of the product for significant subgroups of consumers or 
would result in the unavailability of any covered product type with 
performance characteristics (including reliability), features, sizes, 
capacities, and volumes that are substantially the same as products 
generally available in the United States at the time, it will not be 
considered further.
    (4) Adverse impacts on health or safety. If it is determined that a 
technology would have significant adverse impacts on health or safety, 
it will not be considered further.
    (5) Unique-Pathway Proprietary Technologies. If a design option 
utilizes proprietary technology that represents a unique pathway to 
achieving a given efficiency level, that technology will not be 
considered further due to the potential for monopolistic concerns.

10 CFR part 430, subpart C, appendix A, 6(b)(3) and 7(b).

    In summary, if DOE determines that a technology, or a combination 
of technologies, fails to meet one or more of the listed five criteria, 
it will be excluded from further consideration in the engineering 
analysis. The reasons for eliminating any technology are discussed in 
the following sections.
    The subsequent sections include comments from interested parties 
pertinent to the screening criteria, DOE's evaluation of each 
technology option against the screening analysis criteria, and whether 
DOE determined that a technology option should be excluded (``screened 
out'') based on the screening criteria.
1. Screened-Out Technologies
    AHAM requested that DOE consider the effects that different 
technology options may have on fabric care, specifically the impact 
longer drying cycles may have on fabric. (AHAM, No. 23 at p. 10) While 
certain technology options may be associated with an increase in cycle 
times (e.g., modified operating conditions (reduced drying 
temperatures) and heat pump technology), DOE notes that AHAM did not 
provide, nor is DOE aware of, information correlating fabric care 
directly to cycle time. In addition, if longer cycle times are 
accompanied by lower drying temperatures, it is uncertain whether the 
net impact on fabric care is positive or negative, and how this result 
would vary based on fabric type. Therefore, DOE did not screen out any 
technology options solely on the basis of any fabric care 
considerations due to cycle time. However, DOE requests comment on any 
potential impacts that different technology options, including any that 
may impact cycle times, have on fabric care.
a. Thermoelectric Heating, Electric Only
    DOE notes that Oak Ridge National Laboratory (``ORNL'') is still 
researching thermoelectric heating clothes dryers. While ORNL's test 
results of a preliminary prototype have shown the potential for 
improved efficiency, ORNL indicated that the initial prototype design 
produced longer-than-desired drying times due to direct-contact heat 
transfer limitations via the drum surface. ORNL has subsequently 
developed another prototype which added pumped secondary water loops 
that transferred heat from the thermoelectric modules to the process 
air via air-to-water heat exchangers to further improve efficiency and 
minimize cycle length. ORNL's testing indicated efficiency and cycle 
times for this prototype that are approximately equivalent to those of 
vapor compression heat pump clothes dryers.\21\ Because the research 
for such a thermoelectric heating clothes dryer that produces energy 
savings and meets consumer expectations for drying cycle time is still 
in the prototype stage, DOE determined that this technology option 
would not be practicable to manufacture, install, and service on a 
scale necessary to serve the relevant market at the time of the 
projected compliance date of any new or amended consumer clothes dryer 
standards, and did not be consider it for further analysis.
---------------------------------------------------------------------------

    \21\ Patel, V., Boudreaux, P., and Gluesenkamp, K. Oak Ridge 
National Laboratory. Validated Model of a Thermoelectric Heat Pump 
Clothes Dryer Using Secondary Pumped Loops. Applied Thermal 
Engineering, Volume 184, February 5, 2021.
---------------------------------------------------------------------------

b. Microwave, Electric Only
    Due to the large energy savings associated with microwave drying, 
this technology was the subject of a multi-year development effort at 
the Electric Power Research Institute (``EPRI'') in the mid-1990s; \22\ 
and at least one major manufacturer, Whirlpool Corporation 
(``Whirlpool''), developed a countertop-scale version of such a product 
as recently as 2002,\23\ but to date this technology has not been 
successfully commercialized.
---------------------------------------------------------------------------

    \22\ S. Ashley. 1998. ``Energy-Efficient Appliances'', 
Mechanical Engineering Magazine, March, 1998, pp. 94-97.
    \23\ E. Spagat. 2002. ``Whirlpool Goes Portable to Sell Dryers 
to Gen Y'', Wall Street Journal, June 4, 2002.
---------------------------------------------------------------------------

    Significant technical and safety issues are introduced by the 
potential arcing from metallic objects in the fabric load, including 
zippers, buttons, or ``stray'' items such as coins. While efforts have 
been made to mitigate the conditions that are favorable to arcing, or 
to detect incipient arcing and terminate the cycle, the possibility of 
fabric damage cannot be completely eliminated.\24\ In addition to 
consumer utility impacts, these conditions can also pose a safety 
hazard.

[[Page 51752]]

For these reasons, microwave drying was not considered further for 
analysis.
---------------------------------------------------------------------------

    \24\ J.F. Gerling. 2003. ``Microwave Clothes Drying--Technical 
Solutions to Fundamental Challenges'', Appliance Magazine, April, 
2003, p. 120.
---------------------------------------------------------------------------

c. Indirect Heating
    Indirect heating would be viable only in residences that use a 
hydronic heating system. Also, in order to derive clothes dryer heat 
energy from the home's heating system, significant plumbing work would 
be required to circulate heated water through a heat exchanger in the 
clothes dryer. Therefore, this technology option does not meet the 
criterion of practicability to install on a scale necessary to serve 
the relevant market at the time of the effective date of any new 
standard and will not be considered for further analysis.
d. RF Drying, Electric Only
    CoolDry, LLC (``CoolDry''), developed an RF clothes dryer 
prototype, claiming an efficiency of 90 percent, compared to 50 percent 
for conventional clothes dryers.\25\ CoolDry states that its RF drying 
technology operates at lower temperatures than do conventional clothes 
dryers and, because the transfer of energy to clothes is not dependent 
on convective heat transfer, the RF clothes dryer requires less 
tumbling and subsequently consumes less energy for drum rotation than a 
conventional clothes dryer. Because this technology was in the 
prototype stage at the time it was initially considered and the company 
is no longer in business and thus there is likely no longer research 
and development ongoing, DOE determined that this technology option 
would not be practicable to manufacture, install, and service on a 
scale necessary to serve the relevant market at the time of the 
projected compliance date of any new or amended consumer clothes dryer 
standards, and did not be consider it for further analysis.
---------------------------------------------------------------------------

    \25\ CoolDry does not specify the metric or test method used to 
determine the efficiency of its prototype. More information is 
available at: <a href="http://www.cooldryrf.com/">http://www.cooldryrf.com/</a>.
---------------------------------------------------------------------------

e. Ultrasonic Drying, Electric Only
    Researchers at ORNL have developed an ultrasonic drying prototype 
that uses piezoelectric transducers to separate water from clothes 
through water cavitation produced by ultrasonic vibrations. According 
to their research, the energy imparted to the water must overcome 
surface tension in order to break the water into droplets, but this 
energy is substantially less than the latent heat of vaporization of 
water, which is the primary thermodynamic barrier for conventional 
evaporation drying. The ORNL researchers anticipate that ultrasonic 
drying technology will result in an energy factor (``EF'') \26\ of 
greater than 10 and a drying time of less than 20 minutes.\27\ Because 
this technology is still in the prototype stage, DOE determined that 
this technology option would not be practicable to manufacture, 
install, and service on a scale necessary to serve the relevant market 
at the time of the projected compliance date of any new or amended 
consumer clothes dryer standards, and did not be consider it for 
further analysis.
---------------------------------------------------------------------------

    \26\ EF only incorporates active mode energy use and not standby 
and off mode energy use.
    \27\ Momen, A. Ultrasonic Clothes Dryer: 2016 Building 
Technologies Office Peer Review. 2016. Prepared for the U.S. 
Department of Energy at Oak Ridge National Laboratory, in 
partnership with the University of Florida and General Electric. p. 
2.
---------------------------------------------------------------------------

2. Remaining Technologies
    Through a review of each technology, DOE tentatively concludes that 
all of the other identified technologies listed in section IV.A.2 of 
this document met all five screening criteria to be examined further as 
design options in DOE's NOPR analysis. In summary, DOE did not screen 
out the following technology options listed in Table IV.5.

     Table IV.5--Retained Design Options for Consumer Clothes Dryers
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Dryer Control or Drum Upgrades:
    Improved termination.
    Modified operating conditions.
    Improved air circulation.
    Increased insulation.
    Improved drum design.
Methods of Exhaust Heat Recovery (vented models only):
    Recycle exhaust heat.
    Inlet air preheat.
    Inlet air preheat, condensing mode.
Moisture Removal Options:
    Heat pump, electric only.
    Modulating heat.
Component Improvements:
    Improved motor efficiency.
    Improved fan efficiency.
Standby Power Improvements:
    Transformerless Power Supply with Auto-Powerdown.
------------------------------------------------------------------------

    DOE has initially determined that these technology options are 
technologically feasible because they are being used or have previously 
been used in commercially-available products or working prototypes. DOE 
also finds that all of the remaining technology options meet the other 
screening criteria (i.e., practicable to manufacture, install, and 
service and do not result in adverse impacts on consumer utility, 
product availability, health, or safety, nor are unique-pathway 
proprietary technologies). For additional details, see chapter 4 of the 
NOPR TSD.

C. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of consumer clothes 
dryers. There are two elements to consider in the engineering analysis; 
the selection of efficiency levels to analyze (i.e., the ``efficiency 
analysis'') and the determination of product cost at each efficiency 
level (i.e., the ``cost analysis''). In determining the performance of 
higher-efficiency products, DOE considers technologies and design 
option combinations not eliminated by the screening analysis. For each 
product class, DOE estimates the baseline cost, as well as the 
incremental cost for the product at efficiency levels above the 
baseline. The output of the engineering analysis is a

[[Page 51753]]

set of cost-efficiency ``curves'' that are used in downstream analyses 
(i.e., the LCC and PBP analyses and the NIA).
1. Efficiency Analysis
    DOE typically uses one of two approaches to develop energy 
efficiency levels for the engineering analysis: (1) relying on observed 
efficiency levels in the market (i.e., the efficiency-level approach), 
or (2) determining the incremental efficiency improvements associated 
with incorporating specific design options to a baseline model (i.e., 
the design-option approach). Using the efficiency-level approach, the 
efficiency levels established for the analysis are determined based on 
the market distribution of existing products (in other words, based on 
the range of efficiencies and efficiency level ``clusters'' that 
already exist on the market). Using the design option approach, the 
efficiency levels established for the analysis are determined through 
detailed engineering calculations and/or computer simulations of the 
efficiency improvements from implementing specific design options that 
have been identified in the technology assessment. DOE may also rely on 
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended 
using the design option approach to ``gap fill'' levels (to bridge 
large gaps between other identified efficiency levels) and/or to 
extrapolate to the max-tech level (particularly in cases where the max-
tech level exceeds the maximum efficiency level currently available on 
the market).
    In this proposed rulemaking, DOE relied on an efficiency-level 
approach, supplemented with reverse-engineering. This approach involved 
testing and physically disassembling a representative sample of 
commercially available products, reviewing publicly available cost 
information, and modeling equipment cost. From this information, DOE 
estimated the manufacturer production costs (``MPCs'') for a range of 
products currently available on the market, considering the design 
options and the steps manufacturers would likely take to reach a 
certain efficiency level. As part of this NOPR analysis, DOE included 
additional test units beyond those considered in the preliminary 
analysis as part of its updated test sample. The additional test units 
were included to represent additional baseline models, newly introduced 
units on the market, units with unique configurations, and units with 
technologies that were not available at the time of the preliminary 
analysis. The efficiency levels analyzed as part of this engineering 
analysis are attainable using commercially available clothes dryer 
technologies, or technologies that have been demonstrated in working 
prototypes.
a. Baseline Efficiency Levels
    For each product class, DOE generally selects a baseline model as a 
reference point for each class, and measures changes resulting from 
potential energy conservation standards against the baseline. The 
baseline model in each product class represents the characteristics of 
a product typical of that class. Generally, a baseline model is one 
that just meets current energy conservation standards, or, if no 
standards are in place, the baseline is typically the most common or 
least efficient unit on the market.
    The baseline clothes dryer efficiency levels for this NOPR differ 
from the existing energy conservation standards that were established 
in the 2011 rulemaking analysis primarily due to the difference between 
the then-current appendix D1, which DOE used to evaluate products in 
the previous rulemaking, and the present version of appendix D2, as 
established by the October 2021 TP Final Rule and which DOE used as the 
basis for this analysis. Appendix D2 includes test methods that more 
accurately measure the effects of automatic cycle termination and that 
may result in differences in the total measured energy consumption of 
the test cycle as compared to the test methods in appendix D1. 
Specifically, for automatic termination control dryers, appendix D2 
requires a lower FMC of the test load and does not rely on a field use 
factor to account for the over drying energy consumption, instead 
requiring that the automatic termination drying program run to the end 
of the cycle. Additionally, appendix D2 contains instructions for the 
testing of timer dryers, which include a lower FMC of the test load as 
compared to the version of appendix D1 used for the 2011 rulemaking 
analysis.
    For the engineering analysis, DOE begins the engineering analysis 
by identifying the efficiency level corresponding to the Federal 
minimum energy conservation standards for each product class. Due to 
the test procedure changes adopted in the October 2021 Final Rule, DOE 
determined the baseline efficiency level representative of minimally 
compliant products when tested under appendix D2. In order to identify 
the appendix D2 baseline levels, DOE tested 22 models that were 
certified as minimally compliant with the current energy conservation 
standards, from across all product classes. Because certified 
performance data are not available for models on the market as tested 
in accordance with both appendix D1 and appendix D2, DOE tested each 
basic model in its test sample in accordance with appendix D1 and 
appendix D2 and used the test values for appendix D2 to determine the 
baseline models in support of this engineering analysis. Due to the 
differences in the two test procedures described above, the baseline 
CEF<INF>D2</INF> measured using appendix D2 is numerically lower for 
each product class than the corresponding CEF<INF>D1</INF> value in the 
current energy conservation standards, though that does not indicate a 
lower efficiency. The test procedure differences are driving the lower 
baseline CEF<INF>D2</INF> values and do not represent a lower 
efficiency or backsliding.
    The consumer clothes dryer baseline efficiency levels for the 
preliminary analysis are presented in Table IV.6.

    Table IV.6--Preliminary Analysis Consumer Clothes Dryer Baseline
                            Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
                      Product class
------------------------------------------------------------------------
Vented Electric, Standard (4.4 ft\3\ or greater                     2.20
 capacity)..............................................
Vented Electric, Compact (120V) (less than 4.4 ft\3\                2.42
 capacity)..............................................
Vented Electric, Compact (240V) (less than 4.4 ft\3\                2.00
 capacity)..............................................
Vented Gas, Standard (4.4 cubic ft\3\ or greater                    2.63
 capacity)..............................................
Vented Gas, Compact (less than 4.4 ft\3\ capacity)......            1.66
Ventless Electric, Compact (240V) (less than 4.4 ft\3\              2.03
 capacity)..............................................
Ventless Electric, Standard ((4.4 ft\3\ or greater                  2.23
 capacity)..............................................
Ventless Electric, Combination Washer-Dryer.............            2.27
------------------------------------------------------------------------


[[Page 51754]]

    In response to the preliminary analysis, AHAM agreed that testing 
was appropriate to determine the baseline and incremental efficiency 
levels, but stated that the testing of 18 models was insufficient to 
establish the baseline efficiency levels. AHAM also stated that basing 
DOE's analysis on a few baseline units may not accurately represent the 
market, especially when so many baseline models have electromechanical 
controls. AHAM therefore requested that DOE make its test results 
available so that representativeness could be assessed from a shipments 
perspective, and so that manufacturers could evaluate the test results 
for their models and compare to their own results. (AHAM, No. 23 at p. 
3)
    Upon request, DOE provided to individual manufacturers the test 
data for any of their units which were included in DOE's testing 
sample, otherwise maintaining confidentiality of the products tested. 
DOE also increased the number of units included in its updated test 
sample to better represent consumer clothes dryers currently available 
on the market, as discussed in chapter 5 of the NOPR TSD.
    The California IOUs recommended that DOE revise the engineering 
analysis and investigate lowering the baseline efficiency of the vented 
gas standard dryer product class. According to the California IOUs, 
their testing data that were presented to DOE in response to the test 
procedure NOPR that was published on July 23, 2019 (84 FR 35484), 
support the baseline efficiency level for the vented electric standard 
product class. However, for the vented gas standard product class, the 
California IOUs referred to a currently available product with a 
CEF<INF>D2</INF> value below the baseline efficiency level presented in 
the preliminary TSD. NEEA asserted that DOE has historically set 
standard levels for gas clothes dryers lower than the standards for 
electric clothes dryers because some energy counted in the higher 
heating value of the gas consumed, which is the basis of the 
CEF<INF>D2</INF>, is not used by the consumer clothes dryer. NEEA 
encouraged DOE to re-evaluate the CEF<INF>D2</INF> levels of electric 
and gas clothes dryers in its engineering analysis, as it pointed out 
that the electric clothes dryer efficiency levels are lower than the 
efficiency levels for gas clothes dryers that incorporate similar 
technology options. NEEA encouraged DOE to increase the stringency of 
the electric clothes dryer efficiency levels. (California IOUs, No. 26 
at pp. 1-3; NEEA, No. 30 at pp. 13-14)
    Additionally, NEEA submitted test data for 41 standard size 
electric and gas clothes dryers, which suggested that the average 
CEF<INF>D2</INF> values for the non-ENERGY STAR-qualified electric and 
gas clothes dryers in its sample were significantly higher than the 
baseline efficiency levels in the preliminary analysis. NEEA also found 
that the least efficient electric clothes dryer in its sample had a 
measured CEF<INF>D2</INF> that was more than 20 percent higher than 
DOE's value for electromechanically controlled consumer clothes dryers. 
NEEA encouraged DOE to use these data in developing appropriate 
efficiency levels for the engineering analysis. (NEEA, No. 30 at pp. 8-
10)
    DOE appreciates the data provided by NEEA and observes that, in 
general, the data support the historical trend regarding the lower 
efficiency of gas clothes dryers in comparison to electric clothes 
dryers. These data also support the updated baseline and incremental 
efficiency levels for gas clothes dryers, that latter of which are 
discussed in more detail in section IV.C.1.b of this document. Although 
the results of NEEA's test sample exhibit a higher average efficiency 
among baseline electromechanically controlled electric clothes dryers, 
as stated above, DOE set the baseline efficiency levels so that they 
would represent a minimally compliant, basic-construction consumer 
clothes dryer on the market. Accordingly, DOE has updated the baseline 
value for each product class to be equal to the minimum 
CEF<INF>D2</INF>, measured using appendix D2, among the corresponding 
consumer clothes dryers in its NOPR test sample.
    Similarly, DOE notes that the baseline efficiency level for the 
vented electric compact (120V) product class has been updated to 
reflect the CEF<INF>D2</INF> value using the appendix D2 test procedure 
based on the best available data at this time.
    Finally, DOE has considered the revised product classes proposed in 
this NOPR analysis in updating the baseline efficiency levels, based on 
further analysis of results and new testing since the preliminary 
analysis. The baseline efficiency levels considered for this NOPR 
analysis are presented along with the current standards in Table IV.7 
and are discussed in more detail in chapter 5 of the NOPR TSD.

    Table IV.7--Notice of Proposed Rulemaking Consumer Clothes Dryer
                       Baseline Efficiency Levels
------------------------------------------------------------------------
                                          CEFD1 (lb/kWh)  CEFD2 (lb/kWh)
              Product class                                      *
------------------------------------------------------------------------
Electric, Standard (4.4 ft\3\ or greater            3.73            2.20
 capacity)..............................
Electric, Compact (120V) (less than 4.4             3.61            2.36
 ft\3\ capacity)........................
Vented Electric, Compact (240V) (less               3.27            2.00
 than 4.4 ft\3\ capacity)...............
Vented Gas, Standard (4.4 cubic ft\3\ or            3.30            2.00
 greater capacity)......................
Vented Gas, Compact (less than 4.4 ft\3\            3.30         ** 1.66
 capacity)..............................
Ventless Electric, Compact (240V) (less             2.55            2.03
 than 4.4 ft\3\ capacity)...............
Ventless Electric, Combination Washer-              2.08            2.27
 Dryer..................................
------------------------------------------------------------------------
* As discussed above, the baseline CEFD2 values represent differences in
  test procedure between appendix D1 and appendix D2 and do not
  constitute backsliding.
** CEFD2 baseline efficiency levels as measured under the Appendix D2
  account for differences in the effectiveness of automatic cycle
  termination. Manufacturers implement automatic termination in a
  variety of ways, which will impact the representations as measured
  under Appendix D2 resulting in a range of possible CEFD2 values, as
  compared to the same CEFD1 values in the existing Federal standards.

b. Incremental Efficiency Levels
    DOE developed incremental efficiency levels by reviewing products 
currently available on the market and by testing and reverse 
engineering products in the DOE test sample in support of the NOPR. For 
each product class, DOE analyzed several efficiency levels and 
determined the incremental MPC at each of these levels. DOE initially 
reviewed data in DOE's CCD to evaluate the range of efficiencies for 
consumer clothes dryers currently available on the market.\28\ As 
discussed in chapter 5 of the NOPR TSD, non-ENERGY STAR-qualified 
products (generally units with lower rated efficiencies) are typically

[[Page 51755]]

tested using appendix D1, while ENERGY STAR-qualified products are 
required to be tested using appendix D2. As a result, DOE conducted 
testing on a representative sample of non-ENERGY STAR products using 
appendix D2 to determine appropriate initial incremental efficiency 
levels for each product class. DOE observed that while electronic 
controls are typically implemented with other design options in this 
NOPR analysis, the improved automatic termination precision offered by 
switching to electronic controls contributed significantly to an 
increase in efficiency. This efficiency gain informed the first 
incremental efficiency levels for most product classes and was noted 
simply as electronic controls in the design options listed in the 
following tables. The design options associated with higher efficiency 
levels were subsequently distinguished according to specific design 
options DOE found manufacturers used to meet these higher efficiencies. 
As part of DOE's analysis, the maximum available efficiency level is 
defined by the highest efficiency unit currently available on the 
market. DOE also defines a ``max-tech'' efficiency level to represent 
the maximum possible efficiency for a given product.
---------------------------------------------------------------------------

    \28\ DOE's Compliance Certification Database is available for 
review at <a href="http://www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A">www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A</a>*.
---------------------------------------------------------------------------

    The incremental efficiency levels developed in the preliminary 
analysis are presented in Table IV.8 through Table IV.15.

  Table IV.8--Preliminary Analysis: Vented Electric Standard Efficiency
                                 Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline                           2.20
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic              2.68
                                  Controls.
2..............................  EL1 + Optimized Heating            3.04
                                  System.
3..............................  EL2 + More Advanced                3.27
                                  Automatic Termination
                                  Control System.
4..............................  EL3 + Modulating (2-               3.93
                                  Stage) Heat.
5..............................  EL4 + Inlet Air Preheat            4.21
6..............................  Heat Pump Dryer (Max-              4.30
                                  Tech).
------------------------------------------------------------------------


    Table IV.9--Preliminary Analysis: Vented Electric Compact (120V)
                            Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline                           2.42
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic              2.95
                                  Controls.
2..............................  EL1 + Optimized Heating            3.35
                                  System.
3..............................  EL2 + More Advanced                4.28
                                  Automatic Termination
                                  Control System.
4..............................  EL3 + Modulating (2-               4.33
                                  Stage) Heat.
5..............................  EL4 + Inlet Air Preheat            4.63
6..............................  Heat Pump Dryer (Max-              4.73
                                  Tech).
------------------------------------------------------------------------


    Table IV.10--Preliminary Analysis: Vented Electric Compact (240V)
                            Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline                           2.00
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic              2.44
                                  Controls.
2..............................  EL1 + Optimized Heating            2.76
                                  System.
3..............................  EL2 + More Advanced                3.53
                                  Automatic Termination
                                  Control System.
4..............................  EL3 + Modulating (2-               3.57
                                  Stage) Heat.
5..............................  EL4 + Inlet Air Preheat            3.82
6..............................  Heat Pump Dryer (Max-              2.91
                                  Tech).
------------------------------------------------------------------------


Table IV.11--Preliminary Analysis: Vented Gas Standard Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline                           2.63
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic              3.21
                                  Controls.
2..............................  EL1 + Optimized Heating            3.48
                                  System and More
                                  Advanced Automatic
                                  Termination Control
                                  System.
3..............................  EL2 + Modulating (2-               4.70
                                  Stage) Heat.
4..............................  EL3 + Inlet Air Preheat            5.04
                                  (Max-Tech).
------------------------------------------------------------------------


 Table IV.12--Preliminary Analysis: Vented Gas Compact Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline                           1.66
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic              2.02
                                  Controls.
2..............................  EL1 + Optimized Heating            2.19
                                  System and More
                                  Advanced Automatic
                                  Termination Control
                                  System.

[[Page 51756]]

 
3..............................  EL2 + Modulating (2-               2.96
                                  Stage) Heat.
4..............................  EL3 + Inlet Air Preheat            3.17
                                  (Max-Tech).
------------------------------------------------------------------------


Table IV.13--Preliminary Analysis: Ventless Electric Standard Efficiency
                                 Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline (Electronic               2.23
                                  Controls).
1..............................  Baseline + More                    2.95
                                  Advanced Automatic
                                  Termination Control
                                  System.
2..............................  Heat Pump Dryer (Max-              4.50
                                  Tech).
------------------------------------------------------------------------


   Table IV.14--Preliminary Analysis: Ventless Electric Compact (240V)
                            Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline (Electronic               2.03
                                  Controls).
1..............................  Baseline + More                    2.68
                                  Advanced Automatic
                                  Termination Control
                                  System.
2..............................  Heat Pump Dryer (Max-              5.70
                                  Tech).
------------------------------------------------------------------------


Table IV.15--Preliminary Analysis: Ventless Electric Combination Washer-
                         Dryer Efficiency Levels
------------------------------------------------------------------------
                                                          CEFD2 (lb/kWh)
             Level                    Design option
------------------------------------------------------------------------
Baseline.......................  Baseline (Electronic               2.27
                                  Controls).
1..............................  Baseline + High Speed              2.55
                                  Spin.
2..............................  Heat Pump Dryer (Max-              5.42
                                  Tech).
------------------------------------------------------------------------

    DOE received comments regarding the hybrid heat pump design 
investigated in a 2016 study by Pacific Northwest National Laboratory 
(``PNNL''), which utilizes a low-wattage electric resistance heater 
located downstream of the condenser to provide supplementary heating to 
minimize drying cycle time.\29\ ASAP and NRDC encouraged DOE to review 
the max-tech level and heat pump technology design option based on 
current hybrid heat pump models available and the PNNL prototype hybrid 
heat pump clothes dryer which utilized a recuperative heat exchanger in 
addition to a resistive heating element and heat pump design. (ASAP, 
NRDC, No. 25 at p. 2)
---------------------------------------------------------------------------

    \29\ See: <a href="http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-25510.pdf">www.pnnl.gov/main/publications/external/technical_reports/PNNL-25510.pdf</a>.
---------------------------------------------------------------------------

    At the time of the preliminary analysis, DOE was not aware of the 
efficiency impacts associated with consumer clothes dryers utilizing a 
hybrid heat pump design and therefore did not include this design as 
part of the preliminary analysis. In the time since the publishing of 
the preliminary analysis, DOE has identified at least two manufacturers 
that market consumer clothes dryers utilizing a hybrid heat pump 
design. DOE investigated the efficiency savings associated with hybrid 
heat pump clothes dryers and included in its updated test sample two 
hybrid heat pump clothes dryers. DOE observed that, compared to heat 
pump-only clothes dryer designs, the hybrid heat pump clothes dryers 
had lower efficiencies, albeit higher than the efficiencies of any non-
heat pump clothes dryer. This analysis indicates that use of hybrid 
heat pump technology may provide a ``bridge'' in the market between 
consumer clothes dryer models utilizing conventional heating elements 
and models based on heat pump-only technology. Therefore, in this NOPR, 
DOE analyzed an intermediate efficiency level associated with the 
hybrid heat pump technology that would capture the efficiency savings 
from consumer clothes dryers implementing a conventional heating 
element in addition to heat pump technology. The efficiency savings 
associated with heat recovery are still captured in the efficiency 
levels modeling inlet air preheat.
    ASAP, NRDC, the California IOUs, and NEEA requested that DOE review 
the consumer clothes dryers currently available on the market, 
asserting that at the time of publication of the preliminary analysis, 
there were models available with higher efficiency than the preliminary 
max-tech levels in the ventless electric standard and compact product 
classes. (ASAP, NRDC, No. 25 at pp. 1-2; California IOUs, No. 26 at pp. 
3-4; NEEA, No. 30 at pp. 10-11) DOE reviewed the highest efficiency 
ventless clothes dryers on the market by examining DOE's Compliance 
Certification Management System database (``CCMS'') and ENERGY STAR 
databases and included a sample of them in the updated test sample to 
better represent the max-tech levels in the proposed electric standard, 
electric compact (120V), and ventless electric compact (240V) product 
classes.
    Chapter 5 of the NOPR TSD discusses the incremental efficiency 
levels for each of the product classes proposed in this NOPR analysis. 
The revised CEF<INF>D2</INF> efficiency levels for each product class 
are shown below in Table IV.16 through Table IV.21, along with the 
current energy conservation standards in CEF<INF>D1</INF> for 
comparison. As discussed in section IV.C.1.a of this document, the 
baseline CEF<INF>D2</INF> values estimated for the preliminary analysis 
are lower than the current CEF<INF>D1</INF> values in the energy 
conservation standards due to the differences in testing using appendix 
D1 and appendix D2. DOE requests

[[Page 51757]]

comment on the incremental efficiency levels used in the NOPR 
engineering analysis.
---------------------------------------------------------------------------

    \30\ DOE is aware of clothes dryers in the electric standard 
product class that perform at higher efficiencies than the proposed 
max-tech level, but those models are not representative of the 
typical capacity in the electric standard product class. Therefore, 
based on the certified performance of those models and additional 
investigative testing, DOE determined a representative max-tech 
efficiency for the electric standard product class that reflects an 
appropriate, representative unit capacity. See chapter 5 of the TSD 
for more information.

            Table IV.16--Notice of Proposed Rulemaking Analysis: Electric Standard Efficiency Levels
----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                                  standard CEFD1  NOPR CEFD2 (lb/
               Efficiency level                           Design option              (lb/kWh)         kWh) *
 
----------------------------------------------------------------------------------------------------------------
Baseline......................................  Baseline (Electromechanical                 3.73            2.20
                                                 Controls).
1.............................................  Baseline + Electronic Controls..  ..............            2.68
2.............................................  EL1 + Optimized Heating System..  ..............            3.04
3.............................................  EL2 + More Advanced Automatic     ..............            3.27
                                                 Termination Control System.
4.............................................  EL3 + Modulating (2-Stage) Heat.  ..............            3.93
5.............................................  EL4 + Inlet Air Preheat.........  ..............            4.21
6.............................................  Hybrid Heat Pump Dryer            ..............            5.20
                                                 (Additional Resistance Heater).
7.............................................  Heat Pump Dryer (Max-Tech)......  ..............       \30\ 7.39
----------------------------------------------------------------------------------------------------------------
* As discussed above, the baseline CEFD2 values represent differences in test procedure between Appendix D1 and
  Appendix D2 and do not constitute backsliding.


         Table IV.17--Notice of Proposed Rulemaking Analysis: Electric Compact (120V) Efficiency Levels
----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                                  standard CEFD1  NOPR CEFD2 (lb/
               Efficiency level                           Design option              (lb/kWh)          kWh)
 
----------------------------------------------------------------------------------------------------------------
Baseline......................................  Baseline (Electromechanical                 3.61            2.36
                                                 Controls).
1.............................................  Baseline + Electronic Controls..  ..............            3.15
2.............................................  EL1 + Optimized Heating System..  ..............            3.35
3.............................................  EL2 + More Advanced Automatic     ..............            4.28
                                                 Termination Control System.
4.............................................  EL3 + Modulating (2-Stage) Heat.  ..............            4.33
5.............................................  EL4 + Inlet Air Preheat.........  ..............            4.63
6.............................................  Heat Pump Dryer (Max-Tech)......  ..............            6.37
----------------------------------------------------------------------------------------------------------------


      Table IV.18--Notice of Proposed Rulemaking Analysis: Vented Electric Compact (240V) Efficiency Levels
----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                                  standard CEFD1  NOPR CEFD2 (lb/
               Efficiency level                           Design option              (lb/kWh)          kWh)
 
----------------------------------------------------------------------------------------------------------------
Baseline......................................  Baseline (Electromechanical                 3.27            2.00
                                                 Controls).
1.............................................  Baseline + Electronic Controls..  ..............            2.44
2.............................................  EL1 + Optimized Heating System..  ..............            2.76
3.............................................  EL2 + More Advanced Automatic     ..............            3.30
                                                 Termination Control System.
4.............................................  EL3 + Modulating (2-Stage) Heat.  ..............            3.57
5.............................................  EL4 + Inlet Air Preheat.........  ..............            3.82
6.............................................  Heat Pump Dryer (Max-Tech)......  ..............            3.91
----------------------------------------------------------------------------------------------------------------


     Table IV.19--Notice of Proposed Rulemaking Analysis: Vented Gas Standard and Compact Efficiency Levels
----------------------------------------------------------------------------------------------------------------
                                                                      Current           NOPR CEFD2 (lb/kWh)
                                                                  standard CEFD1 -------------------------------
           Efficiency level                   Design option        (lb/kWh) \31\    Vented gas      Vented gas
                                                                                     standard         compact
----------------------------------------------------------------------------------------------------------------
Baseline..............................  Baseline                            3.30            2.00            1.66
                                         (Electromechanical
                                         Controls).
1.....................................  Baseline + Electronic     ..............            2.44            2.02
                                         Controls.
2.....................................  EL1 + Optimized Heating   ..............            3.00            2.49
                                         System and More
                                         Advanced Automatic
                                         Termination Control
                                         System.
3.....................................  EL2 + Modulating (2-      ..............            3.48            2.89
                                         Stage) Heat.
4.....................................  EL3 + Inlet Air Preheat   ..............            3.83            3.17
                                         (Max-Tech).
----------------------------------------------------------------------------------------------------------------


[[Page 51758]]

     
---------------------------------------------------------------------------

    \31\ The current standard does not distinguish a separate 
product class for compact sized gas consumer clothes dryers. As 
such, the current standard may apply to all gas consumer clothes 
dryers.

     Table IV.20--Notice of Proposed Rulemaking Analysis: Ventless Electric Compact (240V) Efficiency Levels
----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                                  standard CEFD1  NOPR CEFD2 (lb/
               Efficiency level                           Design option              (lb/kWh)          kWh)
 
----------------------------------------------------------------------------------------------------------------
Baseline......................................  Baseline (Electronic Controls)..            2.55            2.03
1.............................................  Baseline + More Advanced          ..............            2.68
                                                 Automatic Termination Control
                                                 System.
2.............................................  Heat Pump Dryer (Max-Tech)......  ..............            6.80
----------------------------------------------------------------------------------------------------------------


   Table IV.21--Notice of Proposed Rulemaking Analysis: Ventless Electric Combination Washer-Dryer Efficiency
                                                     Levels
----------------------------------------------------------------------------------------------------------------
                                                                                      Current
                                                                                  standard CEFD1  NOPR CEFD2 (lb/
               Efficiency level                           Design option              (lb/kWh)          kWh)
 
----------------------------------------------------------------------------------------------------------------
Baseline......................................  Baseline (Electronic Controls)..            2.08            2.27
1.............................................  Baseline + High Speed Spin......  ..............            2.55
2.............................................  Heat Pump Dryer (Max-Tech)......  ..............            4.01
----------------------------------------------------------------------------------------------------------------

2. Cost Analysis
    The cost analysis portion of the engineering analysis is conducted 
using one or a combination of cost approaches. The selection of cost 
approach depends on a suite of factors, including the availability and 
reliability of public information, characteristics of the regulated 
product, the availability and timeliness of purchasing the product on 
the market. The cost approaches are summarized as follows:
    <bullet> Physical teardowns: Under this approach, DOE physically 
dismantles a commercially available product, component-by-component, to 
develop a detailed bill of materials (``BOM'') for the product.
    <bullet> Catalog teardowns: In lieu of physically deconstructing a 
product, DOE identifies each component using parts diagrams (available 
from manufacturer websites or appliance repair websites, for example) 
to develop the BOM for the product.
    <bullet> Price surveys: If neither a physical nor catalog teardown 
is feasible (for example, for tightly integrated products such as 
fluorescent lamps, which are infeasible to disassemble and for which 
parts diagrams are unavailable) or cost-prohibitive and otherwise 
impractical (e.g. large commercial boilers), DOE conducts price surveys 
using publicly available pricing data published on major online 
retailer websites and/or by soliciting prices from distributors and 
other commercial channels.
    In the present case, DOE conducted the analysis using physical 
product teardowns to determine the baseline MPC for each product class 
as outlined in chapter 5 of the NOPR TSD. DOE developed the cost-
efficiency relationships for each product class as discussed in section 
IV.C.3 of this document. DOE developed incremental MPCs based on 
product teardowns and manufacturing cost modeling of the expected 
design changes at each efficiency level. DOE observed that the basic 
product designs of vented electric and vented gas clothes dryers are 
similar except for the heating system. DOE also observed that the 
technology designs of standard size and compact size clothes dryers are 
similar as well, simply scaled in size. As a result, in the absence of 
models available on the market at certain efficiency levels for certain 
product classes, DOE estimated the incremental MPC for these based on 
the same design changes observed for the electric standard product 
class. DOE updated the cost-efficiency analysis from the preliminary 
analysis by updating the costs of raw materials and purchased 
components, as well as updating costs for manufacturing equipment, 
labor, and depreciation. DOE also used information from teardown of 
units in the updated test sample to inform updates to the cost-
efficiency analysis. Not all units in the updated test sample were torn 
down; DOE focused on units recently introduced in the market, units 
with unique configuration, and units with technologies that were not 
available at the time of the preliminary analysis to better inform the 
costs associated with particular product classes and design options. 
The resulting BOMs provided the basis for the MPC estimates in this 
NOPR. The baseline MPCs for each consumer clothes dryer product class 
are listed in Table IV.22, with all costs presented in 2020 dollars. 
DOE requests comment on the baseline MPCs in the NOPR engineering 
analysis.

   Table IV.22--Notice of Proposed Rulemaking: Consumer Clothes Dryer
                 Baseline Manufacturing Production Costs
------------------------------------------------------------------------
                                                           Baseline MPC
                      Product class                           (2020$)
------------------------------------------------------------------------
1. Electric, Standard (4.4 cubic feet (ft\3\) or greater         $250.65
 capacity)..............................................
2. Electric, Compact (120 volts (V)) (less than 4.4               267.09
 ft\3\ capacity)........................................
3. Vented Electric, Compact (240V) (less than 4.4 ft\3\           267.68
 capacity)..............................................
4. Gas, Standard (4.4 cubic ft\3\ or greater capacity)..          284.33
5. Gas, Compact (less than 4.4 ft\3\ capacity)..........          309.82

[[Page 51759]]

 
6. Ventless Electric, Compact (240V) (less than 4.4               464.90
 ft\3\ capacity)........................................
7. Electric, Combination Washer-Dryer...................          629.65
------------------------------------------------------------------------

    The following section presents the incremental MPCs for each 
consumer clothes dryer product class.
3. Cost-Efficiency Results
    The results of the engineering analysis are presented as cost-
efficiency data for each of the efficiency levels for each of the 
product classes that were analyzed, as well as those extrapolated from 
a product class with similar features. DOE developed estimates of MPCs 
for each unit in the teardown sample to develop a comprehensive set of 
incremental MPCs (i.e., the additional costs manufacturers would likely 
incur by producing consumer clothes dryers at each efficiency level 
compared to the baseline).
    In response to the MPCs presented in the preliminary analysis, AHAM 
stated that due to unprecedented supply chain issues facing home 
appliance manufacturers resulting from the COVID-19 pandemic and 
increased tariffs on raw materials, components, and finished goods, DOE 
must take into account these challenges if it is to consider amending 
energy conservation standards. AHAM stated it is working to collect 
data on the impact of supply chain challenges and would be willing to 
share that data with DOE. (AHAM, No. 23 at p. 9) DOE also received 
similar feedback from manufacturers during the interview process. DOE 
notes that increased costs associated with recent supply chain issues 
have been implemented in the cost analysis and are presented in the 
MPCs in this NOPR analysis, specifically by way of 5-year moving 
averages for material and purchase parts prices.
    The resulting incremental MPCs from this NOPR analysis are provided 
in Table IV.23 through Table IV.29. See chapter 5 of the NOPR TSD for 
additional detail on the engineering analysis. DOE requests comment on 
the incremental MPCs from the NOPR engineering analysis, as well as any 
data on the impact of supply chain challenges that could better inform 
the cost analysis.

 Table IV.23--Notice of Proposed Rulemaking Analysis: Electric Standard
               Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline                 ..............
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic            $11.02
                                  Controls.
2..............................  EL1 + Optimized Heating           13.70
                                  System.
3..............................  EL2 + More Advanced               16.59
                                  Automatic Termination
                                  Control System.
4..............................  EL3 + Modulating (2-              21.00
                                  Stage) Heat.
5..............................  EL4 + Inlet Air Preheat           70.51
6..............................  Hybrid Heat Pump Dryer           226.18
                                  (Additional Resistive
                                  Heater).
7..............................  Heat Pump Dryer (Max-            239.46
                                  Tech).
------------------------------------------------------------------------


  Table IV.24--Notice of Proposed Rulemaking Analysis: Electric Compact
            (120V) Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline                 ..............
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic            $13.43
                                  Controls.
2..............................  EL1 + Optimized Heating           17.76
                                  System.
3..............................  EL2 + More Advanced               21.40
                                  Automatic Termination
                                  Control System.
4..............................  EL3 + Modulating (2-              26.32
                                  Stage) Heat.
5..............................  EL4 + Inlet Air Preheat           83.07
6..............................  Heat Pump Dryer (Max-            220.29
                                  Tech).
------------------------------------------------------------------------


  Table IV.25--Notice of Proposed Rulemaking Analysis: Vented Electric
        Compact (240V) Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline                 ..............
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic            $13.99
                                  Controls.
2..............................  EL1 + Optimized Heating           18.31
                                  System.

[[Page 51760]]

 
3..............................  EL2 + More Advanced               21.97
                                  Automatic Termination
                                  Control System.
4..............................  EL3 + Modulating (2-              26.88
                                  Stage) Heat.
5..............................  EL4 + Inlet Air Preheat           83.63
6..............................  Heat Pump Dryer (Max-            220.84
                                  Tech).
------------------------------------------------------------------------


Table IV.26--Notice of Proposed Rulemaking Analysis: Vented Gas Standard
               Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline                 ..............
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic            $14.50
                                  Controls.
2..............................  EL1 + Optimized Heating           17.46
                                  System and More
                                  Advanced Automatic
                                  Termination Control
                                  System.
3..............................  EL2 + Modulating (2-              26.75
                                  Stage) Heat.
4..............................  EL3 + Inlet Air Preheat           76.25
                                  (Max-Tech).
------------------------------------------------------------------------


 Table IV.27--Notice of Proposed Rulemaking Analysis: Vented Gas Compact
               Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline                 ..............
                                  (Electromechanical
                                  Controls).
1..............................  Baseline + Electronic            $12.32
                                  Controls.
2..............................  EL1 + Optimized Heating           16.49
                                  System and More
                                  Advanced Automatic
                                  Termination Control
                                  System.
3..............................  EL2 + Modulating (2-              26.97
                                  Stage) Heat.
4..............................  EL3 + Inlet Air Preheat           83.72
                                  (Max-Tech).
------------------------------------------------------------------------


 Table IV.28--Notice of Proposed Rulemaking Analysis: Ventless Electric
        Compact (240V) Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline (Electronic     ..............
                                  Controls).
1..............................  Baseline + More                   $3.01
                                  Advanced Automatic
                                  Termination Control
                                  System.
2..............................  Heat Pump Dryer (Max-            184.11
                                  Tech).
------------------------------------------------------------------------


 Table IV.29--Notice of Proposed Rulemaking Analysis: Ventless Electric
   Combination Washer-Dryer Incremental Manufacturing Production Costs
------------------------------------------------------------------------
                                                            Incremental
        Efficiency level              Design option         MPC (2020$)
------------------------------------------------------------------------
Baseline.......................  Baseline (Electronic     ..............
                                  Controls).
1..............................  Baseline + High Speed             $0.00
                                  Spin.
2..............................  Heat Pump Dryer (Max-            383.58
                                  Tech).
------------------------------------------------------------------------

D. Markups Analysis

    The markups analysis develops appropriate markups (e.g., retailer 
markups, distributor markups, contractor markups) in the distribution 
chain and sales taxes to convert the manufacturer selling price 
(``MSP'') estimates derived in the engineering analysis to consumer 
prices, which are then used in the LCC and PBP analysis. At each step 
in the distribution channel, companies mark up the price of the product 
to cover costs.
    Before developing mark-ups, DOE defines key market participants and 
identifies distribution channels.
    For consumer clothes dryers, the main parties in the distribution 
chain are retailers.
    DOE developed baseline and incremental markups for each actor in 
the distribution chain. Baseline markups are applied to the price of 
products with baseline efficiency, while incremental markups are 
applied to the

[[Page 51761]]

difference in price between baseline and higher-efficiency models (the 
incremental cost increase). The incremental markup is typically less 
than the baseline markup and is designed to maintain similar per-unit 
operating costs before and after new or amended standards.\32\
---------------------------------------------------------------------------

    \32\ Because the projected price of standards-compliant products 
is typically higher than the price of baseline products, using the 
same markup for the incremental cost and the baseline cost would 
result in higher per-unit operating profit. While such an outcome is 
possible, DOE maintains that in markets that are reasonably 
competitive it is unlikely that standards would lead to a 
sustainable increase in profitability in the long run.
---------------------------------------------------------------------------

    DOE relied on economic data from the U.S. Census Bureau to estimate 
average baseline and incremental markups. Specifically, DOE used the 
2017 Annual Retail Trade Survey for the ``electronics and appliance 
stores'' sector to develop retailer markups; \33\ and the 2017 Annual 
Wholesale Trade Survey for the ``household appliances, and electrical 
and electronic goods merchant wholesalers'' to estimate wholesaler 
markups.\34\
---------------------------------------------------------------------------

    \33\ US Census Bureau, Annual Retail Trade Survey. 2017. 
Available at <a href="http://www.census.gov/programs-surveys/arts.html">www.census.gov/programs-surveys/arts.html</a> (last 
accessed November 17, 2021).
    \34\ US Census Bureau, Annual Wholesale Trade Survey. 2017. 
Available at <a href="http://www.census.gov/awts">www.census.gov/awts</a> (last accessed November 17, 2021).
---------------------------------------------------------------------------

    Chapter 6 of the NOPR TSD provides details on DOE's development of 
markups for consumer clothes dryers.

E. Energy Use Analysis

    The purpose of the energy use analysis is to determine the annual 
energy consumption of consumer clothes dryers at different efficiencies 
in representative U.S. single-family homes, multi-family residences, 
and mobile homes, and to assess the energy savings potential of 
increased consumer clothes dryer efficiency. The energy use analysis 
estimates the range of energy use of consumer clothes dryers in the 
field (i.e., as they are actually used by consumers). The energy use 
analysis provides the basis for other analyses DOE performed, 
particularly assessments of the energy savings and the savings in 
consumer operating costs that could result from adoption of amended or 
new standards.
    To establish a reasonable range of energy consumption in the field 
for consumer clothes dryers, DOE primarily used data from the EIA's 
2015 Residential Energy Consumption Survey (``2015 RECS'').\35\ 2015 
RECS collected data on 5,686 housing units and was constructed by EIA 
to be a national representation of the household population in the 
United States. DOE developed household samples from 2015 RECS.\36\
---------------------------------------------------------------------------

    \35\ U.S. Department of Energy--Energy Information 
Administration, Residential Energy Consumption Survey: 2015 Public 
Use Data Files. Available at <a href="http://www.eia.doe.gov/emeu/recs/recspubuse15/pubuse15.html">www.eia.doe.gov/emeu/recs/recspubuse15/pubuse15.html</a> (last accessed November 18, 2021).
    \36\ Microdata of 2020 RECS, which contains household samples, 
was released in July 2022. Hence it was not available at the time 
the NOPR analysis was conducted. However, DOE plans to use 2020 RECS 
for the Final Rule analysis.
---------------------------------------------------------------------------

    DOE divided the sample of households into four sub-samples to 
characterize the product classes being analyzed: standard or compact 
clothes dryer using electricity or natural gas as the clothes dryer 
fuel. For compact clothes dryers, DOE developed a sub-sample consisting 
of households with an electric or gas clothes dryer in multifamily 
buildings, manufactured homes, and single-family homes with less than 
1,000 square feet and no garage or basement, since these products are 
most likely to be found in these housing types.
    The energy use analysis requires DOE to establish a range of total 
annual usage (number of cycles) in order to estimat

[…truncated; see source link]
Indexed from Federal Register on August 23, 2022.

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