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Rule2022-27879

Energy Conservation Program: Test Procedure for Dishwashers

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Published

January 18, 2023

Effective

February 17, 2023

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") is amending the current test procedures for dishwashers, adopting a new test procedure appendix, incorporating by reference Association of Home Appliance Manufacturers ("AHAM") standards--AHAM DW-1-2020 and DW-2-2020--and applying certain provisions of the industry standards to the test procedures appendices. The amendments to the current appendix establish requirements for water hardness, relative humidity, and loading pattern; update requirements for ambient temperature, detergent dosage, and standby power measurement; and include testing approaches from published dishwasher waivers. The new test procedure appendix additionally includes provisions for a minimum cleaning index threshold to validate the selected test cycle and updated annual number of cycles and low-power mode hours for the calculation of annual energy consumption.

Full Text

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<title>Federal Register, Volume 88 Issue 11 (Wednesday, January 18, 2023)</title>
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[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 3234-3282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27879]

[[Page 3233]]

Vol. 88

Wednesday,

No. 11

January 18, 2023

Part V

Department of Energy

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10 CFR Parts 429 and 430

Energy Conservation Program: Test Procedure for Dishwashers; Final Rule

Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 /
Rules and Regulations

[[Page 3234]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2016-BT-TP-0012]
RIN 1904-AD96

Energy Conservation Program: Test Procedure for Dishwashers

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is amending the
current test procedures for dishwashers, adopting a new test procedure
appendix, incorporating by reference Association of Home Appliance
Manufacturers (``AHAM'') standards--AHAM DW-1-2020 and DW-2-2020--and
applying certain provisions of the industry standards to the test
procedures appendices. The amendments to the current appendix establish
requirements for water hardness, relative humidity, and loading
pattern; update requirements for ambient temperature, detergent dosage,
and standby power measurement; and include testing approaches from
published dishwasher waivers. The new test procedure appendix
additionally includes provisions for a minimum cleaning index threshold
to validate the selected test cycle and updated annual number of cycles
and low-power mode hours for the calculation of annual energy
consumption.

DATES: The effective date of this rule is February 17, 2023. The
amendments to appendix C1 will be mandatory for product testing
starting July 17, 2023. Manufacturers will be required to use the
amended test procedure at appendix C1 until the compliance date of any
final rule establishing amended energy conservation standards based on
the newly established test procedure at appendix C2. At such time,
manufacturers will be required to begin using the newly established
test procedure at appendix C2. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register on February 17, 2023.

ADDRESSES: The docket, which includes Federal Register notices, webinar
attendee lists and transcripts, 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 those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2016-BT-TP-0012">www.regulations.gov/docket/EERE-2016-BT-TP-0012</a>. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#074677776b6e6669646254736669636675637456726274736e6869744762622963686229606871">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT: Dr. Carl Shapiro, 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. Telephone: (202) 287-5649. Email:
<a href="/cdn-cgi/l/email-protection#e8a99898848189868b8dbb9c89868c899a8c9bb99d8d9b9c8187869ba88d8dc68c878dc68f879e">[email&#160;protected]</a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#4809252d242129661f20213c21262f082039662c272d662f273e">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE maintains and updates a previously
approved incorporation by reference and incorporates by reference the
following industry standards into title 10 of the Code of Federal
Regulations (``CFR'') part 430:

AHAM DW-1-2020, ``Uniform Test Method for Measuring the Energy
Consumption of Dishwashers'', (copyright 2020).
AHAM DW-2-2020, ``Household Electric Dishwashers'', (copyright 2020).

Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from
Association of Home Appliance Manufacturers, 1111 19th Street NW, Suite
402, Washington, DC 20036; or by going to AHAM's online store at
<a href="http://www.aham.org/AHAM/AuxStore">www.aham.org/AHAM/AuxStore</a>.

IEC 62301 (``IEC 62301 Ed. 2.0''), ``Household electrical appliances--
Measurement of standby power,'' (Edition 2.0, 2011-01).

A copy of IEC 62301 Ed. 2.0 can be obtained from the International
Electrotechnical Commission (``IEC''), 3 Rue de Varembe, Case Postale
131, 1211 Geneva 20, Switzerland; +41 22 919 02 11, <a href="https://webstore.iec.ch/">https://webstore.iec.ch/</a>.
For a further discussion of these standards, see section IV.N of
this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope of Applicability
C. Updates to Industry Standards
D. Metrics
E. Test Setup
1. Water Hardness
2. Relative Humidity
3. Ambient Temperature
4. 208-Volt Power
5. Built-In Water Reservoir
6. In-Sink Installation
7. Absence of Main Detergent Compartment
8. Water Meter
F. Test Cycle Amendments
1. Cycle Selections
2. Drying Energy Measurement
3. Annual Number of Cycles
G. Energy and Water Consumption Test Methods
1. Test Load Items
2. Soils
3. Loading Pattern
4. Preconditioning Cycles
5. Detergent
6. Rinse Aid
7. Water Softener Regeneration Cycles
8. Water Re-Use System
9. Water Heater Efficiency
H. Cleaning Performance
1. General Comments
2. Cleaning Performance Test Method
3. Cleaning Index Threshold
4. Validation of the Test Cycle
5. Determining the Most Energy-Intensive Cycle
I. Standby Mode Test Method
1. Standby Power Measurement
2. Annual Combined Low-Power Mode Energy Consumption Calculation
J. Network Mode
K. Test Cycle Duration and Updates to 10 CFR 430.32
L. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
M. Effective and Compliance Dates
IV. 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 of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

[[Page 3235]]

I. Authority and Background

Dishwashers are included in the list of ``covered products'' for
which the U.S. Department of Energy (``DOE'') is authorized to
establish and amend energy conservation standards and test procedures.
(42 U.S.C. 6292(a)(6)) DOE's test procedure for dishwashers is
currently prescribed at 10 CFR 430.23(c) and appendix C1 to subpart B
of part 430 (``appendix C1''). The following sections discuss DOE's
authority to establish test procedures for dishwashers and relevant
background information regarding DOE's consideration of test procedures
for this product.

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include dishwashers, the subject of this document. (42 U.S.C.
6292(a)(6))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) 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).
The testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
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) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle (as determined by the Secretary) or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including
dishwashers, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. (Id.) Any such amendment must consider the
most current versions of the International Electrotechnical Commission
(``IEC'') Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable.
(42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018).
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DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

DOE most recently amended its dishwasher test procedures in a final
rule published October 31, 2012, that established a new test procedure
at appendix C1. 77 FR 65942 (``October 2012 Final Rule''). (For
additional information on the history of test procedure rulemaking for
dishwashers, please see the October 2012 Final Rule.) Appendix C1
follows the same general procedures as those included in the previously
established appendix (i.e., ``appendix C''), with updates to: (1)
revise the provisions for measuring energy consumption in standby mode
or off mode; (2) add requirements for dishwashers with water softeners
to account for regeneration cycles; (3) require an additional
preconditioning cycle; (4) include clarifications regarding certain
definitions, test conditions, and test setup; and (5) replace obsolete
test load items and soils. 77 FR 65942, 65982-65987. Appendix C1 is
currently required to demonstrate compliance with DOE's energy
conservation standards for dishwashers at 10 CFR 430.32(f).
The current version of the DOE test procedure includes provisions
for determining estimated annual energy use (``EAEU'') in kilowatt-
hours per year (``kWh/year''), estimated annual operating cost
(``EAOC'') in dollars per year, and water consumption in gallons

[[Page 3236]]

per cycle (``gal/cycle''). 10 CFR 430.23(c). On December 13, 2016, DOE
published a final determination (``December 2016 Final Determination'')
regarding the energy conservation standards for dishwashers in which
DOE removed appendix C, which was applicable only to dishwashers
manufactured before May 30, 2013. See 81 FR 90072, 90073.
On August 20, 2019, DOE published a request for information
(``August 2019 RFI'') seeking comments on the existing test procedure
for dishwashers. 84 FR 43071. In the August 2019 RFI, DOE requested
comments, information, and data about a number of issues, including
cycle selections, cycle options, test load items, soils, annual number
of cycles, loading pattern, detergent, rinse aid, water hardness,
standby testing, room ambient conditions, incorporating requirements
from existing waivers for testing dishwashers, repeatability and
reproducibility of the test procedure, and efficiency metrics. Id.
On December 22, 2021, DOE published a notice of proposed rulemaking
(``December 2021 NOPR'') that proposed to amend appendix C1, adopt a
new test in appendix C2, incorporate by reference AHAM standards--AHAM
DW-1-2020, ``Uniform Test Method for Measuring the Energy Consumption
of Dishwashers'' (``AHAM DW-1-2020'') and AHAM DW-2-2020, ``Household
Electric Dishwashers'' (``AHAM DW-2-2020'')--and apply certain
provisions of the industry standards to the test procedures appendices,
and include provisions for a minimum cleaning index threshold to
validate the selected test cycle. 86 FR 72738. DOE requested comments
from interested parties on the proposal. Id. DOE received comments in
response to the December 2021 NOPR from the interested parties listed
in Table I.1.
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\5\ AHAM's supplemental comment (No. 26) was received 192 days
after the comment submission deadline. DOE generally will not
consider late-filed comments, but may exercise its discretion to do
so where necessary and appropriate. In this case, DOE is considering
AHAM's comment because its tardiness has not disrupted DOE's
consideration of this matter and because the comment regards a
subject important to this matter.

Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance AHAM...................... \5\ 17, 26 Trade Association.
Manufacturers.
Pacific Gas and Electric Company, San CA IOUs................... 19 Utilities.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
GE Appliances, a Haier company.......... GEA....................... 20 Manufacturer.
Appliance Standards Awareness Project, Joint Commenters.......... 18 Efficiency Organizations.
National Consumer Law Center, on behalf
of its low-income clients, and Natural
Resources Defense Council.
Samsung Electronics America, Inc........ Samsung................... 21 Manufacturer.
Whirlpool Corporation................... Whirlpool................. 16 Manufacturer.
----------------------------------------------------------------------------------------------------------------

DOE also received feedback from AHAM during an ex parte meeting
held on October 19, 2022 (``October 2022 ex parte meeting''). (AHAM,
No. 27)
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the February 3, 2022, public meeting (hereafter referred to as
the ``December 2021 NOPR public meeting''), DOE cites the written
comments throughout this final rule. Any oral comments provided during
the webinar that are not substantively addressed by written comments
are summarized and cited separately throughout this final rule.
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for dishwashers. (Docket No. EERE-2016-BT-TP-0012,
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).
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II. Synopsis of the Final Rule

In this final rule, DOE incorporates by reference into 10 CFR part
430 the new industry standards AHAM DW-1-2020 and AHAM DW-2-2020.
Specifically, this final rule amends the dishwasher test procedure to:
(1) Incorporate by reference AHAM DW-1-2020 into 10 CFR part 430
and apply certain provisions of the industry standards to appendix C1,
including the following:
a. Add the water hardness specification in section 2.11 of AHAM DW-
1-2020;
b. Add the relative humidity specification in section 2.5.1 of AHAM
DW-1-2020 and the associated tolerance for the measurement instrument
in Section 3.7 of AHAM DW-1-2020;
c. Update the active mode ambient temperature as specified in
section 2.5.1 of AHAM DW-1-2020;
d. Update the loading pattern requirement by applying the direction
specified in section 2.6 of AHAM DW-1-2020;
e. Update the specifications for detergent usage consistent with
section 2.10 of AHAM DW-1-2020. This includes changing the type of
detergent used and the calculation of detergent dosage to be used for
the prewash and main wash cycles of dishwashers other than water re-use
system dishwashers;
f. Add specific dishwasher door configuration requirements during
standby mode testing by incorporating the specifications in section 4.2
of AHAM DW-1-2020 and update the annual combined low-power mode hours
based on cycle duration; and
g. Incorporate the requirements from AHAM DW-1-2020 for the test
methods pertaining to two granted waivers for dishwashers with specific
design features.
(2) Establish new appendix C2, which would generally require
testing as in appendix C1, with the following additional updates:
a. Specify provisions for scoring the test load and calculating a
per-cycle cleaning index metric as specified in AHAM DW-2-2020 and
establish a minimum cleaning index threshold of 70 as a condition for a
test cycle to be valid.
b. Update number of annual cycles and low-power mode hours used for
calculating the estimated annual energy use as specified in Section 5
of AHAM DW-1-2020.
For both appendix C1 and new appendix C2, this final rule
additionally adds provisions to incorporate the test methods specified
in a waiver for testing a basic model of dishwasher that does not hook
up to a water supply line, but has a manually filled, built-in water

[[Page 3237]]

tank and in a waiver for basic models of dishwashers that are installed
in-sink (as opposed to built-in to the cabinetry or placed on
countertops).
The adopted amendments are summarized in Table II.1 compared to the
test procedure provision prior to the amendment, as well as the reason
for the adopted change.

Table II.1--Summary of Changes in the Amended Test Procedure
----------------------------------------------------------------------------------------------------------------
Applicable test
DOE test procedure prior to amendment Amended test procedure procedure Attribution
----------------------------------------------------------------------------------------------------------------
References provisions of ANSI/AHAM DW- References provisions Appendix C1 and Harmonize with industry
1-2010 for some aspects of the test of AHAM DW-1-2020 appendix C2. standard and practice.
procedure. newly incorporated
into 10 CFR part 430,
with limited
modifications.
Does not specify a water hardness Adds water hardness Appendix C1 and Harmonize with industry
requirement. requirement to be appendix C2. standard and practice.
consistent with AHAM
DW-1-2020, which
specifies 0 to 85
parts per million of
calcium carbonate.
Does not specify any range for Adds a relative Appendix C1 and Harmonize with industry
relative humidity. humidity (``RH'') appendix C2. standard and practice.
requirement consistent
with AHAM DW-1-2020,
which specifies 35
percent <plus-minus>
15 percent.
Does not specify any instrumentation References the Appendix C1 and Harmonize with industry
for measuring relative humidity. instrumentation appendix C2. standard and practice.
requirements from AHAM
DW-1-2020 for
measuring relative
humidity.
Specifies that the ambient References the ambient Appendix C1 and Harmonize with industry
temperature must be maintained at 75 temperature appendix C2. standard and practice.
[deg]F <plus-minus>5 [deg]F. requirement from AHAM
DW-1-2020, including
maintaining it at a
target temperature of
75 [deg]F.
Does not specify a loading pattern... References the loading Appendix C1 and Harmonize with industry
pattern from AHAM DW-1- appendix C2. standard and practice.
2020, which specifies
the same loading
requirements as the
ENERGY STAR Cleaning
Performance Test
Method.
References the detergent type and References the Appendix C1 and Harmonize with industry
detergent dosing requirements from detergent type and appendix C2. standard and practice.
ANSI/AHAM DW-1-2010, which specifies detergent dosing
Cascade with the Grease Fighting requirements from AHAM
Power of Dawn as the detergent and DW-1-2020, which
dosing requirements based on water references AHAM DW-2-
volumes in the prewash and main wash 2020 and specifies
cycles. Cascade Complete
Powder detergent and
dosing requirements
based on number of
place settings.
Uses 215 annual cycles for Reduces the annual Appendix C2............ Improve
calculating annual energy use. number of cycles to representativeness.
184 for calculating
annual energy use.
Does not specify whether the References the Appendix C1 and Harmonize with industry
dishwasher door should be open or requirement from AHAM appendix C2. standard and practice.
closed during standby mode testing. DW-1-2020, which
specifies that the
door must be opened at
the end of an active
cycle and closed
immediately prior to
standby power
measurement.
Uses 8,465 hours to calculate References the Appendix C2............ Harmonize with industry
combined low-power mode energy requirement from AHAM standard and practice.
consumption for dishwashers that do DW-1-2020 to use the
not have a fan-only mode. measured cycle
duration to calculate
combined low-power
mode hours.
Does not include a method to test Adds a test method from Appendix C1 and Response to waiver and
dishwashers operating on 208-volt AHAM DW-1-2020 to test appendix C2. harmonize with
power supply. dishwashers intended industry standard and
for a 208-volt power practice.
supply.
Does not include a method to test Adds a test method from Appendix C1 and Response to waiver and
dishwashers with a water re-use AHAM DW-1-2020 for appendix C2. harmonize with
system that uses water recovered dishwashers with a industry standard and
from prior use. water re-use system. practice.
Specifies installation instructions Specifies installation Appendix C1 and Response to waiver.
and test provisions only for instructions and test appendix C2.
dishwashers that connect to a water provisions for
supply line. dishwashers that do
not connect to a water
supply line, but
instead have a built-
in water tank.
Specifies installation instructions Specifies installation Appendix C1 and Response to waiver.
only for under-counter and under- instructions for ``in- appendix C2.
sink dishwashers. sink'' dishwashers.
Requires placing detergent within a Specifies detergent Appendix C1 and Response to waiver.
main wash detergent compartment. placement instructions appendix C2.
for dishwashers that
do not have a main
wash detergent
compartment.
Does not specify a minimum cleaning Requires measurement of Appendix C2............ Ensure the test
index threshold to validate a test a per-cycle cleaning procedure produces
cycle. index based on section test results which
5.12.3.1 of AHAM DW-2- measure energy and
2020 (i.e., reflecting water use during a
soil particles only), representative average
and establishes a use cycle.
threshold value of 70
as a condition for a
test cycle to be valid.
----------------------------------------------------------------------------------------------------------------

DOE has determined that the amendments adopted in this final rule
would not require DOE to amend the energy and water conservation
standards for dishwashers. The additional amendments specified in the
newly established appendix C2 would alter the calculated energy
consumption of dishwashers as discussed further in each relevant
section of this final rule. However, testing in accordance with
appendix C2 would not be required until such time as compliance is
required with any amended energy conservation standards based on
appendix C2. Discussion of DOE's actions are addressed in detail in
section III of this document.

[[Page 3238]]

The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedure in
appendix C1 beginning 180 days after the publication of this final
rule.

III. Discussion

In the December 2021 NOPR, DOE requested stakeholder feedback on
several topics including test setup, test cycles, energy and water
consumption test methods, cleaning performance, and standby mode test
method. 86 FR 72738. In the following sections, DOE addresses the
topics on which it requested feedback in the December 2021 NOPR,
summarizes stakeholder comments received, responds to these comments,
and finalizes the test procedure based on comments and DOE's analyses.

A. General Comments

AHAM commented that it supported DOE in its efforts to save energy
and ensure a national marketplace through the Appliance Standards
Program. AHAM stated that repeatable and reproducible test procedures
that are representative of average consumer use, but not unduly
burdensome to conduct, are an integral part of the standards program.
(AHAM, No. 17 at p. 1) AHAM also commented that it supported DOE's
decision to incorporate by reference AHAM DW-1-2020 into the dishwasher
test procedure at 10 CFR part 430. (AHAM, No. 17 at pp. 1-2) The CA
IOUs commented that they support several changes DOE has made to
improve representativeness of the test procedure regarding water
hardness, relative humidity, and loading pattern. (CA IOUs, No. 19 at
p. 4)
GEA commented that it supported comments submitted by AHAM. (GEA,
No. 20 at p. 2) Whirlpool commented that it supported many of DOE's
proposals from the December 2021 NOPR, which largely harmonize with
existing industry standards. (Whirlpool, No. 16 at p. 3)
AHAM also commented that the 60-day December 2021 NOPR comment
period and the comment period for the preliminary analysis evaluating
amended energy conservation standards for dishwashers that DOE
published on January 24, 2022 (``January 2022 Preliminary Analysis;''
87 FR 3450) \7\ overlapped by 30 days and that DOE should have first
considered stakeholder comments on the major changes proposed in the
December 2021 NOPR, particularly in light of the scant data DOE
provided on the docket to support the inclusion of a cleaning
performance requirement or the performance threshold chosen in the test
procedure, before proceeding with the energy conservation standard
itself. (AHAM, No. 17 at p. 18)
---------------------------------------------------------------------------

\7\ The Notification of a Webinar and Availability of the
Preliminary Technical Support Document for energy conservation
standards for dishwashers, along with the Preliminary Technical
Support Document, are available at <a href="http://www.regulations.gov/docket/EERE-2019-BT-STD-0039">www.regulations.gov/docket/EERE-2019-BT-STD-0039</a>.
---------------------------------------------------------------------------

AHAM commented that it recognized and supported DOE's interest in
moving rulemakings forward, especially rules such as the dishwasher
energy conservation standards and test procedure, which have missed
statutory deadlines, but DOE should have released the test procedure
proposal before conducting its preliminary analysis. AHAM suggested
that this would have provided both commenters and DOE more time to
understand the impact of a proposed test on potential standards while
allowing the rulemaking process to move along more swiftly. (AHAM, No.
17 at pp. 18-19) AHAM commented that DOE's desire to move quickly on
the standards and test procedure rulemakings was disingenuous, given
that it had missed statutory deadlines before and diminished the value
of early stakeholder engagement, which is problematic given the
significance of the proposal. (AHAM, No. 17 at p. 19)
In response to AHAM's comment regarding the publication of the
December 2021 NOPR and the January 2022 Preliminary Analysis, neither
the prior version nor the current version of DOE's ``Procedures,
Interpretations, and Policies for Consideration of New or Revised
Energy Conservation Standards and Test Procedures for Consumer Products
and Certain Commercial/Industrial Equipment'' (``Process Rule'')
specify that a final amended test procedure will be issued prior to
issuing standards pre-NOPR rulemaking documents (e.g., a standards
preliminary analysis). See 10 CFR part 430, subpart C, appendix A (Jan.
1, 2020 edition); 86 FR 70892, 70928 (Dec. 13, 2021). Additionally at
the time the January 2022 Preliminary Analysis was published, the
current version of the Process Rule was in effect and it generally
provides that new test procedures and amended test procedures that
impact measured energy use or efficiency will be finalized at least 180
days prior to the close of the comment period for a NOPR proposing new
or amended energy conservation standards. 86 FR 70892, 70928. DOE will
continue to conduct additional analyses based on this finalized test
procedure before proposing any new energy conservation standards, and
stakeholders will be provided an opportunity to comment on any updated
analysis as part of any proposal published regarding amended standards.

B. Scope of Applicability

This rulemaking applies to dishwashers. A dishwasher is a cabinet-
like appliance, which with the aid of water and detergent, washes,
rinses, and dries (when a drying process is included) dishware,
glassware, eating utensils, and most cooking utensils by chemical,
mechanical, and/or electrical means and discharges to the plumbing
drainage system. 10 CFR 430.2. DOE is not amending the scope of the
dishwasher test procedure.

C. Updates to Industry Standards

The current dishwasher test procedure at appendix C1 references the
AHAM industry standard, ANSI/AHAM DW-1-2010, for certain provisions of
the DOE test procedure. ANSI/AHAM DW-1-2010 includes test methods to
determine dishwasher cleaning performance and energy and water
consumption among other tests. ANSI/AHAM DW-1-2010 was superseded by
AHAM DW-1-2019, which contains updates pertaining to the number of
place settings, detergent dosage, etc. and includes test methods for
evaluating cleaning performance, but does not include the measurements
of energy and water consumption that were previously included in ANSI/
AHAM DW-1-2010. AHAM DW-1-2019 was further superseded by AHAM DW-2-
2020,\8\ which also includes test methods for evaluating cleaning
performance but does not include test methods for determining energy
and water consumption. Additionally, AHAM published AHAM DW-1-2020,
which is an industry test procedure for determining the energy and
water consumption of dishwashers and updates the relevant energy and
water consumption test method provisions that were previously specified
in ANSI/AHAM DW-1-2010. The following paragraphs provide an overview of
the two most recently published standards, AHAM DW-1-2020 and AHAM DW-
2-2020.
---------------------------------------------------------------------------

\8\ AHAM updated its numbering scheme for dishwasher standards,
wherein DW-2 measures cleaning performance, whereas DW-1 measures
energy and water consumption.

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

[[Page 3239]]

AHAM DW-1-2020 specifies definitions, testing conditions,
instrumentation, test cycle and measurements, and calculations for
energy and water consumption of dishwashers. AHAM DW-1-2020 also
references the IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power'', Edition 2.0, 2011-01 (``IEC 62301 Ed.
2.0'') for measuring standby mode and off mode power consumption. AHAM
DW-1-2020 was developed by AHAM based upon the current appendix C1 and
references, as applicable, AHAM DW-2-2020 in each instance, where
appendix C1 currently references ANSI/AHAM DW-1-2010.\9\
---------------------------------------------------------------------------

\9\ The current references to ANSI/AHAM DW-1-2010 specify place
settings, serving pieces, soiling procedures, loading procedures,
and detergent specifications--all of which are now specified in AHAM
DW-2-2020.
---------------------------------------------------------------------------

AHAM DW-2-2020 supersedes the AHAM DW-1-2019 industry standard,
which superseded ANSI/AHAM DW-1-2010. AHAM included minor changes and
illustrations to improve consistency throughout the document, to
reflect the latest representative items used for testing, and to
eliminate ambiguity in test preparation. In the December 2021 NOPR, DOE
proposed to reference relevant sections of AHAM DW-2-2020, which
includes setup, measurement, and calculation instructions for
evaluating dishwasher cleaning performance, for its proposal to specify
a per-cycle cleaning index threshold as a condition for a valid test
cycle. 86 FR 72738, 72743.
In the December 2021 NOPR, DOE proposed to incorporate by reference
into 10 CFR part 430 the currently applicable industry test procedure
for dishwashers, AHAM DW-1-2020. Id. DOE also proposed to update the
industry standard incorporated by reference in 10 CFR part 430 from
ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Id. In addition, DOE proposed to
reference in appendix C1 and the new appendix C2 specific provisions of
AHAM DW-1-2020 and AHAM DW-2-2020, with modifications, to clarify
provisions where the applicable industry consensus standards would not
produce test results that are representative of the energy and water
use of certain products. Id. DOE requested comment on its proposal to
incorporate by reference into 10 CFR part 430 the most recent version
of the industry standard for dishwasher energy and water use
measurement, AHAM DW-1-2020, as well as the industry performance
standard, AHAM DW-2-2020, both with modifications. Id. DOE sought
comment on its preliminary conclusion that the proposed modifications
to the industry standards are necessary so that the DOE test method
satisfies the requirements of EPCA. Id.
DOE did not receive any comments on the industry standards
incorporated by reference, except as discussed in section III.A of this
final rule. Accordingly, DOE is finalizing its proposal, consistent
with the December 2021 NOPR, to incorporate by reference into 10 CFR
part 430 the most recent version of the industry standard for
dishwasher energy and water use measurement, AHAM DW-1-2020, as well as
the industry performance standard, AHAM DW-2-2020, both with
modifications.

D. Metrics

DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix
C1 provide results for dishwasher EAEU in kWh/year and water
consumption in gal/cycle.
In the December 2021 NOPR, DOE summarized comments it received in
response to the August 2019 RFI regarding an energy and water use
metric on a per-place setting basis. 86 FR 72738, 72743. Most
commenters opposed such a metric, claiming that no correlation exists
between capacity and energy or water use, a per-place setting metric
would be confusing for consumers, and it would be dependent on a
claimed value of place setting capacity. Id. In the NOPR, DOE proposed
to maintain the current metrics used for measuring dishwasher energy
and water consumption. 86 FR 72738, 72743.
DOE did not receive any additional comments on this topic and is
finalizing its proposal, consistent with the December 2021 NOPR, to
maintain the current efficiency metrics in appendix C1 and the new
appendix C2.

E. Test Setup

1. Water Hardness
The currently applicable appendix C1 does not currently specify any
water hardness requirement for testing.
To reduce potential variability across testing facilities, DOE
proposed in the December 2021 NOPR to incorporate the water hardness
requirements in section 2.11 of AHAM DW-1-2020, which specifies a
maximum water hardness of 85 parts per million (``ppm'') of
CaCO<INF>3</INF>. 86 FR 72738, 72743. DOE stated in the December 2021
NOPR that certain manufacturers may already be testing their
dishwashers according to these water hardness specifications because
this water hardness requirement is specified in the ENERGY STAR Test
Method for Determining Residential Dishwasher Cleaning Performance
(``ENERGY STAR Cleaning Performance Test Method''). Id. at 86 FR 72744.
DOE explained that AHAM had commented that it expected laboratories
already have the capability to control water hardness to within these
specifications. Id. Furthermore, in the December 2021 NOPR, DOE noted
that nine dishwasher brands are included in the ENERGY STAR's Most
Efficient database,\10\ and that manufacturers of these models must
report cleaning performance as measured by the ENERGY STAR Cleaning
Performance Test Method. Id. DOE stated in the December 2021 NOPR that
it did not expect this proposal to be unduly burdensome or impact the
rated energy and water use of dishwashers. Id.
---------------------------------------------------------------------------

\10\ ENERGY STAR Most Efficient database. Available at
<a href="http://www.energystar.gov/most-efficient/me-certified-dishwashers">www.energystar.gov/most-efficient/me-certified-dishwashers</a>. Last
accessed July 6, 2022.
---------------------------------------------------------------------------

Additionally, as described further in section III.H of this
document, in the December 2021 NOPR, DOE proposed to specify a minimum
cleaning index threshold as a condition for a valid test cycle, which
may also be impacted by water hardness. Id. DOE requested comment on
its proposal to require use of the water hardness requirements from
section 2.11 of AHAM DW-1-2020. Id.
The Joint Commenters stated that they supported DOE's proposal to
incorporate a water hardness specification consistent with AHAM DW-1-
2020. The Joint Commenters agreed that the requirement would add
clarity to the test procedure and help reduce potential variability
across testing facilities. (Joint Commenters, No. 18 at p. 1)
DOE has more recently observed that 12 dishwasher brands are now
included in the ENERGY STAR's Most Efficient database, indicating that
many manufacturers are already meeting the specified water hardness
requirement and have the capability to meet these requirements.\11\
Additionally, while DOE is establishing a cleaning performance
threshold only in the new appendix C2 (as discussed in section III.H of
this document), since the water hardness requirement is expected to
support reproducibility of results without increasing test burden for
testing facilities, DOE is finalizing its proposal to require use of
the water hardness requirements from section 2.11 of AHAM DW-1-2020 in
both appendix

[[Page 3240]]

C1 and the new appendix C2, consistent with the December 2021 NOPR.
---------------------------------------------------------------------------

\11\ The ENERGY STAR Program recently also finalized the ENERGY
STAR V. 7.0 Specification for dishwashers, which includes a cleaning
performance requirement for any dishwasher seeking the ENERGY STAR
label. This specification does not go into effect until July 19,
2023. See ENERGY STAR Version 7.0 Residential Dishwasher Final
Specification Cover Letter.
---------------------------------------------------------------------------

2. Relative Humidity
The currently applicable appendix C1 does not specify an ambient
relative humidity for testing.
In the December 2021 NOPR, DOE proposed amending appendix C1 to
include the relative humidity requirement of AHAM DW-1-2020, which
specifies in Section 2.5.1 that an ambient relative humidity condition
of 35 percent <plus-minus>15 percent must be maintained in the testing
room throughout the soiling application and 2-hour air dry period. 86
FR 72738, 72744. DOE also proposed to include this same requirement in
the new appendix C2. Id.
DOE's testing experience suggests that ambient relative humidity
could potentially impact the adherence of the applied soils to the test
load during the 2-hour air-dry period specified in AHAM DW-2-2020
(which is the same as that specified in ANSI/AHAM DW-1-2010 and AHAM
DW-1-2019). 86 FR 72738, 72744. The adherence of the applied soil loads
to the dishware could impact the amount of energy and water required to
remove those soils for soil-sensing dishwashers, which constitute a
significant percentage of dishwashers on the market. Id. Further,
adherence of the applied soil loads could impact cleaning performance,
which in turn could impact the determination of the validity of each
test cycle.\12\ Id. Establishing a relative humidity requirement would
limit any such potential variation and increase repeatability and
reproducibility of test results. Id. As discussed, the proposed
relative humidity requirement is the same as the requirement in AHAM
dishwasher standards, indicating that this reflects current industry
practice. Id. As such, DOE stated in the December 2021 NOPR that it
does not expect this requirement to increase test burden as compared to
current industry practice. Id.
---------------------------------------------------------------------------

\12\ See section III.H of this document for more details.
---------------------------------------------------------------------------

In conjunction with this proposed relative humidity test condition,
in the December 2021 NOPR, DOE also proposed to include the relative
humidity measuring device requirement specified in section 3.7 of AHAM
DW-1-2020, which states that relative humidity measurement equipment
must have a resolution of at least 1 percent relative humidity, and an
accuracy of at least <plus-minus>6 percent relative humidity over the
temperature range of 75 degrees Fahrenheit (``[deg]F'') <plus-minus>5
[deg]F. 86 FR 72738, 72744.
DOE stated in the December 2021 NOPR that it had compared this
proposed requirement to the relative humidity measuring device
requirements currently specified in other DOE test procedures. 86 FR
72738, 72744. The Uniform Test Method for Measuring the Energy
Consumption of Clothes Dryers at 10 CFR part 430, subpart B, appendix
D1 and appendix D2; appendix E (Water Heaters); appendix H (Television
Sets); appendix M and appendix M1 (Central Air Conditioners and Heat
Pumps); appendix O (Vented Home Heating Equipment); appendix U (Ceiling
Fans); appendix X1 (Dehumidifiers); and appendix AA (Furnace Fans) all
require the use of a measuring device with a specified error tolerance
to measure relative humidity. These appendices specify tolerances for
the relative humidity measuring device ranging from 0.7 percent to 5
percent relative humidity. Therefore, DOE stated in the December 2021
NOPR that its proposal specifying a maximum error of no greater than
<plus-minus>6 percent relative humidity to ensure accurate measurement
of relative humidity, while testing should not cause undue burden,
since testing facilities that test other covered consumer products or
equipment that require control of the ambient relative humidity already
have the capability to meet the proposed requirement. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
reference AHAM DW-1-2020 for the relative humidity and associated
instrumentation requirements, which specifies a relative humidity test
condition of 35 percent <plus-minus>15 percent, and a resolution of at
least 1 percent relative humidity and an accuracy of at least <plus-
minus>6 percent relative humidity over the temperature range of 75
[deg]F <plus-minus>5 [deg]F for the relative humidity measuring device.
Id. at 86 FR 72744-72745. DOE also requested data regarding the impact
of relative humidity on dishwasher energy and water usage. Id. at 86 FR
72744.
DOE did not receive any comments on this topic. Based on the
reasons already discussed in this section, DOE is finalizing its
proposal, consistent with the December 2021 NOPR, to reference AHAM DW-
1-2020 for the relative humidity and associated instrumentation
requirements in appendix C1 and the new appendix C2.
3. Ambient Temperature
Section 2.5.1 of the currently applicable appendix C1 specifies an
ambient temperature of 75 [deg]F <plus-minus>5 [deg]F for active mode
testing.
Section 2.5.1 of AHAM DW-1-2020 specifies an ambient temperature of
75 [deg]F <plus-minus>5 [deg]F and further specifies a target
temperature of 75 [deg]F. In the December 2021 NOPR, DOE proposed to
reference these ambient temperature requirements in AHAM DW-1-2020 in
appendix C1 and the new appendix C2. 86 FR 72738, 72745. DOE stated
that this proposed amendment would improve repeatability and
reproducibility of results, while minimizing additional test burden,
and that as the amendment is consistent with the industry standard, it
reflects current industry practice. Id. Additionally, this amendment is
consistent with the approach used to specify ambient temperature in the
clothes washer test procedure at appendix J2. Id.
DOE requested input on its proposal to specify a target nominal
ambient temperature of 75 [deg]F for active mode testing, as referenced
from AHAM DW-1-2020. 86 FR 72738, 72745.
The CA IOUs recommended that DOE would be able to more effectively
accomplish its goal of improving repeatability and reproducibility of
the test method by specifying an average temperature tolerance to the
ambient temperature condition in addition to the existing 75 <plus-
minus> 5 [deg]F minimum and maximum ambient temperature tolerance,
rather than use ambiguous language of a ``target temperature.'' (CA
IOUs, No. 19 at pp. 3-4)
DOE understands the CA IOUs' concern but notes that the intent of
the ambient temperature requirement has always been to conduct the test
at 75 [deg]F, or as close to it as feasible, to the extent possible.
The goal of adding ``target temperature'' in the requirement is to
emphasize this point. Additionally, DOE does not have data to determine
the appropriate tolerance for the average temperature that would ensure
that the temperature stays as close to 75 [deg]F as possible.
For the reasons stated above, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, specifying a target nominal
ambient temperature of 75 [deg]F for active mode testing, as referenced
from AHAM DW-1-2020, in appendix C1 and the new appendix C2.
4. 208-Volt Power
On April 10, 2017, DOE published a Decision and Order granting
Miele, Inc. (``Miele'') a test procedure waiver (``Miele waiver'') for
testing a specified basic model intended for a 208-volt power supply
rather than the 115 volts or 240 volts specified in the currently
applicable appendix C1. 82 FR 17227

[[Page 3241]]

(Case No. DW-12).\13\ Miele is required to test the basic model
specified in the Miele waiver using appendix C1, except that it must
maintain the electrical supply to the dishwasher at 208 volts <plus-
minus>2 percent and within 1 percent of its nameplate frequency as
specified by the manufacturer; and maintain a continuous electrical
supply to the unit throughout testing, including the preconditioning
cycles, specified in section 2.9 of appendix C1, and in between all
test cycles. Id. at 82 FR 17228-17229.
---------------------------------------------------------------------------

\13\ All materials regarding the Miele waiver are available in
docket EERE-2016-BT-WAV-0039 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

Subsequently, AHAM published the AHAM DW-1-2020 standard, which
includes provisions in section 2.2.2 for testing dishwashers that
operate with an electrical supply of 208 volts that is comparable to
the Miele waiver.
As soon as practicable after the granting of any waiver, DOE is
required to publish in the Federal Register a NOPR to amend its
regulations so as to eliminate any need for the continuation of such
waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id. Since AHAM DW-1-2020
includes the language from the Miele waiver, DOE proposed in the
December 2021 NOPR to reference these requirements in appendix C1 and
the new appendix C2 for dishwashers that operate at 208 volts. 86 FR
72738, 72745.
In the December 2021 NOPR, DOE requested comment on its proposal to
reference in appendix C1 and the new appendix C2 the testing provisions
from AHAM DW-1-2020 to address the Miele waiver for dishwashers that
operate at 208 volts. Id.
DOE did not receive any comments on this topic. DOE is finalizing
its proposal, consistent with the December 2021 NOPR, to reference in
appendix C1 and the new appendix C2 the testing provisions from AHAM
DW-1-2020 to address the Miele waiver for dishwashers that operate at
208 volts.
5. Built-In Water Reservoir
DOE published a Decision and Order on December 9, 2020 (``December
2020 Decision and Order''), granting CNA International Inc. (``CNA'') a
test procedure waiver (``CNA waiver'') for a basic model of a compact
dishwasher that does not connect to a water supply line and instead has
a built-in reservoir that must be manually filled with water. 85 FR
79171 (Case No. 2020-008).\14\ In the December 2021 NOPR, DOE proposed
amendments regarding the specific design characteristics addressed in
the CNA waiver, generalized to be applicable to any future dishwasher
models with this design characteristic, so as to eliminate any need for
the continuation of this waiver. 86 FR 72738, 72745.
---------------------------------------------------------------------------

\14\ All materials regarding the CNA waiver are available in
docket EERE-2020-BT-WAV-0024 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

Specifically, DOE proposed the following provisions in appendix C1
and the new appendix C2 for testing such models:

(1) Refer to the full reservoir capacity as reported by the
manufacturer (rather than specifying the full capacity as 5 liters);
(2) Require following any sequence of events specified in the
manufacturer instructions (rather than specifying the particular
sequence of events required for the basic model subject to the CNA
waiver);
(3) Use the prewash fill water volume (if any) and main wash
water fill volume as reported by the manufacturer (rather than
specifying a main wash fill water volume of 1.5 liters);
(4) Water consumption for each test cycle is the value reported
by the manufacturer (rather than specifying the water consumption as
4.8 liters).

86 FR 72738, 72746.
In the December 2021 NOPR, DOE requested comment on its proposal to
incorporate the requirements of the CNA waiver for any dishwasher with
a built-in reservoir. Id. In particular, DOE requested stakeholder
feedback on using the detergent dosage requirement based on number of
place settings rather than main wash water volume in the new appendix
C2, for dishwashers with built-in reservoirs. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to incorporate
the requirements of the CNA waiver for any dishwasher with a built-in
reservoir in appendix C1 and the new appendix C2.
6. In-Sink Installation
On October 15, 2020, FOTILE Kitchen Ware Co. Ltd. (``FOTILE'')
filed a petition for waiver and interim waiver seeking a waiver from
the installation requirements specified in the currently applicable
appendix C1, which pertain to under-counter or under-sink dishwashers.
86 FR 26712, 26713.
In granting FOTILE an interim waiver on February 8, 2021, DOE noted
that FOTILE's alternate test procedure specified a test enclosure that
differed from the installation instructions provided in the operation
manual. 86 FR 8548, 8549. Specifically, the alternate test procedure
retained a requirement that the enclosure be brought into the closest
contact with the appliance that the configuration of the dishwasher
allows. In the case of FOTILE's basic models, this would include close
contact between the bottom of the enclosure and the underside of the
in-sink dishwasher. In the FOTILE interim waiver notice, DOE noted that
because the height of the product is 21 5/16 inches (541 millimeters
(``mm'')), placing the bottom part of the enclosure as close as
possible to the bottom of the compact in-sink dishwasher would conflict
with the installation instructions in the operation manual, which
specify a minimum enclosure height of 35 7/16 inches (900 mm). Id. This
may potentially result in differing heat losses from the dishwasher
that could impact energy consumption during the cycle. Id. In the
interim waiver notice, DOE further noted that specifying the enclosure
would be consistent with the manufacturer installation instructions and
would provide results that are more representative of average use and
requested comment on this topic. 86 FR 8548, 8551.
On May 17, 2021, DOE published a Decision and Order granting FOTILE
the waiver (``FOTILE waiver''). 86 FR 26712, 26715-26716 (Case No.
2020-020).\15\ Specifically, according to the published FOTILE waiver,
FOTILE is required to test compact in-sink dishwashers using the
currently applicable appendix C1 with modifications to install these
dishwasher basic models from the top of a rectangular enclosure (as
opposed to the front). Id. at 86 FR 26713. DOE also specified the use
of the installation requirements that were proposed in the alternate
test procedure in the FOTILE interim waiver, with modifications to the
provisions pertaining to the enclosure in which the dishwasher is
tested. Id. at 86 FR 26714-26715.
---------------------------------------------------------------------------

\15\ All materials regarding the FOTILE waiver are available in
docket EERE-2020-BT-WAV-0035 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

On July 22, 2021, DOE published a notification of extension of
waiver granting a waiver to additional in-sink FOTILE basic model
dishwashers. 86 FR 38700 (Case No. 2021-005).
In the December 2021 NOPR, DOE proposed to incorporate into
appendix C1 and the new appendix C2 the alternate test procedures in
the FOTILE waiver, such that the installation requirements would be
applicable for any in-sink dishwasher. 86 FR 72738, 72746.
Specifically, DOE proposed that the requirements pertaining to the
rectangular enclosure for under-counter or under-sink dishwashers that
are specified in section 2.1 of AHAM DW-1-2020 would not be applicable
to in-

[[Page 3242]]

sink dishwashers. Id. For such dishwashers, DOE proposed that the
rectangular enclosure must consist of a front, a back, two sides, and a
bottom. Id. The front, back, and sides of the enclosure must be brought
into the closest contact with the appliance that the dishwasher
configuration allows. DOE additionally proposed that the height of the
enclosure must be as specified in the manufacturer's instructions for
installation height. Id. If no instructions are provided, DOE proposed
that the enclosure height must be 36 inches, since this is the typical
height of kitchen cabinetry with counters attached, which is where such
a dishwasher would be installed. Id. DOE also proposed that the
dishwasher must be installed from the top and mounted to the edges of
the enclosure. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
incorporate into appendix C1 and the new appendix C2 the installation
requirements for in-sink dishwashers from the FOTILE waiver. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to incorporate
into appendix C1 and the new appendix C2 the installation requirements
for in-sink dishwashers from the FOTILE waiver.
7. Absence of Main Detergent Compartment
In addition to seeking a waiver for the installation requirements
for in-sink dishwashers, the basic models for which FOTILE sought a
waiver do not have a main detergent compartment. 86 FR 26712, 26713.
Specifically, according to the published FOTILE waiver, FOTILE is
required to test compact in-sink dishwashers placing the detergent
directly into the washing chamber. Id. at 86 FR 26715. In the December
2021 NOPR, DOE proposed to incorporate the provisions for detergent
placement specified in the FOTILE waiver into both appendix C1 and the
new appendix C2, generalizing this provision such that it would be
applicable to any dishwasher that does not have a detergent
compartment. 86 FR 72738, 72746.
In the December 2021 NOPR, DOE requested comment on its proposal
that the detergent must be placed directly into the dishwasher chamber
for any dishwasher that does not have a prewash or main wash detergent
compartment. Id. at 86 FR 72746-72747.
AHAM commented that the language pertaining to the detergent amount
and placement in the FOTILE waiver was broad and would conflict with
the detergent placement provisions of the current DOE dishwasher test
procedure. (AHAM, No. 17 at p. 17) AHAM stated the following concerns:
(1) the proposed requirement was too prescriptive in specifying that
the detergent be placed directly in the ``wash chamber'' and eliminated
the possibility for the manufacturer to specify an alternate location,
which is allowed in the current test procedure; (2) the term ``main
wash compartment,'' as found in section 2.10 of the current test
procedure, is not defined and could be interpreted as being synonymous
with ``wash chamber''; and (3) the proposed language removed reference
to section 2.10.1 of appendix C1, thus eliminating the option of adding
prewash detergent in another location as may be specified by the
manufacturer. (Id.)
AHAM proposed adding the phrase ``or other location recommended by
the manufacturer,'' as currently specified in section 2.10 of appendix
C1, which would be in line with AHAM's view of the current test
procedure's intent and leave open the possibility of alternative
designs for this dishwasher type and others that may follow. (AHAM, No.
17 at pp. 17-18)
AHAM suggested that DOE should update the language in section 2.10
of appendix C1 to remove the following language proposed in the
December 2021 NOPR, ``For compact in-sink dishwashers with a
combination sink that have neither prewash program nor a main detergent
compartment, determine the amount of main wash detergent (in grams) to
be added directly into the washing chamber according to section 2.10.2
of this appendix'' and instead add the phrase, ``or other location
recommended by the manufacturer'' following the words ``main wash
compartment'' in the clause. (Id.)
DOE's intent with the requirement specified in the FOTILE waiver as
well as the December 2021 NOPR was to require that, should the
dishwasher not have a main wash detergent compartment and the
manufacturer does not specify a location for the placement of the
detergent, the detergent must be placed directly into the washing
chamber. To clarify this instruction, in this final rule, DOE is
updating the language in section 2.6 of appendix C1 and the new
appendix C2 regarding placement of the detergent to note that if no
main wash compartment is provided and no location is recommended by the
manufacturer for the main wash detergent, the main wash detergent must
be placed directly into the dishwasher chamber.
8. Water Meter
Section 3.3 in Appendix C1 specifies that the water meter must have
a resolution of no larger than 0.1 gallons and a maximum error no
greater than <plus-minus>1.5 percent of the measured flow rate for all
water temperatures encountered in the test cycle. These same
requirements are also specified in section 3.3 of AHAM DW-1-2020, and
DOE did not propose any changes to these requirements in the December
2021 NOPR.
AHAM commented that the proposed allowances for resolution and flow
rate error for the water meter are too large and have the potential to
introduce uncertainty in the measurement, negatively impacting
repeatability and reproducibility. (AHAM, No. 17 at p. 16) AHAM stated
that manufacturers often account for this by introducing additional
margin in their per-cycle water usage. (Id.) AHAM provided an example
that for a dishwasher approaching the current DOE standard for water
consumption of 5.0 gallons per cycle, a resolution of 0.1 would
introduce an error of <plus-minus>2.0 percent, increasing to <plus-
minus>2.9 percent for dishwashers at the ENERGY STAR V. 6.0 level of
3.5 gallons per cycle. (Id.) AHAM explained that adding in a maximum of
<plus-minus>1.5 percent error of the measured flow rate, a root mean
square uncertainty calculation would yield a measurement uncertainty of
<plus-minus>2.5 percent for a unit using 5.0 gallons per cycle and
<plus-minus>3.3 percent for a unit using 3.5 gallons per cycle. (Id.)
Accordingly, AHAM recommended revising the test procedure specification
for the water meter to specify a minimum resolution of 0.01 gallons and
a maximum flow rate measurement error of <plus-minus>0.5 percent. AHAM
stated that the technology was widely available to meet these
tolerances and that these specifications would further enhance
repeatability and reproducibility. (Id.)
As discussed in a final rule to establish new and amended clothes
washers test procedures, DOE noted that most, if not all, third-party
laboratories already have water meters with more precise resolution. 87
FR 33316, 33324-33325 (June 1, 2022). Additionally, DOE estimated the
cost of a water meter that provides a resolution of 0.01 gallons,
including associated hardware, to be around $600 for each device. Id.
However, DOE did not discuss water meter resolution in the December
2021 NOPR and has not provided stakeholders an opportunity to provide
feedback on this topic. Therefore, DOE is not changing the water meter
resolution requirements at this time.

[[Page 3243]]

DOE will consider AHAM's comment in a future rulemaking. Additionally,
DOE notes that manufacturers and laboratories that already have water
meters with a resolution of 0.01 gallons, could use such water meters
when testing dishwashers according to the currently applicable appendix
C1 as well as the amended appendix C1 and new appendix C2.

F. Test Cycle Amendments

1. Cycle Selections
In the December 2021 NOPR, DOE proposed to continue using the
normal cycle for dishwasher testing, unless the normal cycle did not
meet a specified cleaning index threshold at any soil-load, in which
scenario DOE proposed that the most energy-intensive cycle be tested
and used for certification purposes at that soil load (see section
III.H of this document for further detail). 86 FR 72738, 72747. In the
December 2021 NOPR, DOE stated that this alternative approach would
better represent an average use cycle by capturing those consumers that
may select other cycle types for washing dishes if the cleaning
performance of the normal cycle did not meet their expectations,
because higher energy use provides increased thermal and mechanical
action for removing soils, thus correlating generally with improved
cleaning performance. Id. DOE also did not propose to add any
additional cycle options to the tested normal cycle. Id.
Whirlpool commented that since the normal cycle is still
overwhelmingly the cycle type most used by consumers, the current test
method is already representative of typical consumer usage and it would
be inappropriate to possibly mandate that the most energy-intensive
cycle be used for testing and certification. (Whirlpool, No. 16 at p.
4)
Whirlpool commented that consumers consider their dishes/items,
soil level, fullness of the dishwasher, efficiency, type of soils, past
experiences, and cycle time when considering which cycle types and
options to run. (Whirlpool, No. 16 at pp. 4-5) Whirlpool also commented
that consumers running a load of heavily-soiled dishes with hard-to-
clean soils may be likely to select a more energy-intensive cycle than
the normal cycle. Whirlpool additionally commented that it does not
recommend these possible more energy-intensive cycles to consumers for
daily, typical, or regular use for normally soiled dishes. (Id.)
DOE proposed in the December 2021 NOPR to maintain the use of the
normal cycle for testing dishwashers. The most energy-intensive cycle
was proposed only if the normal cycle did not meet the proposed
cleaning index threshold, which would indicate that the normal cycle
was not providing a consumer-acceptable level of cleaning performance
(i.e., the normal cycle was not a representative average use cycle).
For such dishwashers, DOE expects that consumers would use a more
energy-intensive cycle type, since increased energy and/or water use
would likely improve cleaning performance. Therefore, to ensure that
the dishwasher test procedures are reasonably designed to produce test
results which measure energy use during a representative average use
cycle and are not unduly burdensome to conduct, in accordance with EPCA
(42 U.S.C. 6293(b)(3)), the normal cycle must be the cycle type used
for testing, unless it does not meet the minimum cleaning index
threshold specified in the new appendix C2 at a particular soil level,
in which case the most energy-intensive cycle shall be used for testing
and certification purposes.
For the reasons stated above, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, to maintain the dishwasher test
cycle selections and cycle options to the tested normal cycle, except
with regard to validating the test cycle type pursuant to the minimum
cleaning index included in the new appendix C2. See section III.H of
this final rule for further discussion regarding cleaning performance.
2. Drying Energy Measurement
Section 5.3 of appendix C1 specifies a methodology for determining
the ``drying energy'' consumption of a dishwasher. Dishwashers
typically incorporate technologies to assist with drying the dishes
after completion of the rinse portion of the cycle. Some dishwashers
use an exposed resistance heater to heat the air inside the washing
chamber after the final rinse to evaporate the water from the dishware.
Other dishwasher models, however, do not use a resistance heater to
heat the air, but instead achieve drying by raising the temperature of
the final rinse water. The heated rinse water evaporates more quickly
from the dishes after completion of the rinse portion of the cycle.
Section 1.14 of appendix C1 defines ``power-dry feature'' as the
introduction of electrically generated heat into the washing chamber
for the purpose of improving the drying performance of the dishwasher.
Further, the definition of ``normal cycle'' in section 1.12 of appendix
C1 specifically includes the power-dry feature as part of the normal
cycle. Section 5.3 of appendix C1 specifies a methodology for
calculating the energy consumed by the power-dry feature after the
termination of the last rinse option (emphasis added). Half of this
drying energy is subtracted from the total dishwasher energy
calculations of EAOC and EAEU at 10 CFR 430.23(c)(1) and (2),
respectively.\16\
---------------------------------------------------------------------------

\16\ This reflects consumer use of the power-dry feature for 50
percent (i.e., half) of dishwasher cycles.
---------------------------------------------------------------------------

Because the application of section 5.3 is limited to drying energy
consumed only after the termination of the last rinse option, it would
not be applicable to the drying energy use of a dishwasher that employs
heated rinse technology, since such energy is consumed as part of the
final rinse rather than after the final rinse. Rather, the energy use
associated with the heated rinse would be captured as part of the
normal cycle machine energy consumption. As a result, the energy use
associated with heated rinse drying technology would be factored into
EAOC and EAEU in its entirety, rather than only by half, as described
for units with conventional power-dry technology that occurs after the
final rinse.
In the December 2021 NOPR, DOE summarized comments it received in
response to the August 2019 RFI regarding the drying energy for a
dishwasher that employs heated rinse. 86 FR 72738, 72747-72748.
Commenters opposed the addition of cycle options, including a power-dry
option. However, as noted in the December 2021 NOPR, appendix C1
already requires testing of a power-dry cycle option, if available. 86
FR 72738, 72748. Accordingly, DOE did not propose any changes to the
measurement of drying energy to accommodate units that use heated rinse
to achieve drying. Id. DOE stated that the current measurement of
drying energy consumption is dependent upon a clearly identifiable
boundary between the conclusion of the final rinse and the activation
of electrically generated heat into the washing chamber. Id. For units
that use heated rinse to achieve drying, DOE initially determined in
the December 2021 NOPR that it would be burdensome to isolate the
energy specifically attributable to raising the temperature of the
final rinse, since such energy use would be embedded within the total
energy use measured during that portion of the cycle; i.e., it would
not be possible to determine the ``drying energy'' without, for
example, sub-metering the electrical energy use of the internal water
heater. Id. For these reasons, DOE did not propose any

[[Page 3244]]

changes to the existing requirements for measuring drying energy in the
December 2021 NOPR. Id.
DOE did not receive any comments on this topic and is maintaining
the existing requirements for measuring drying energy.
3. Annual Number of Cycles
Section 5.7 of the currently applicable appendix C1 calculates
combined low-power mode energy consumption, which factors into the EAEU
calculation, using 215 annual cycles. DOE established the 215-cycle
value in a final rule published on August 29, 2003, relying on data
from several sources on consumer dishwasher usage behavior, including
the 1997 version of the Residential Energy Consumption Survey
(``RECS''), several consumer dishwasher manufacturers, detergent
manufacturers, energy and consumer interest groups, independent
researchers, and government agencies. 68 FR 51887, 51889-51890.
In the December 2021 NOPR, DOE proposed to update the current
annual cycles estimate to reflect more recent trends in dishwasher
usage. 86 FR 72738, 72748. DOE's analysis of 2015 RECS data indicates
annual use of 185 cycles.\17\ AHAM also specifies a value of 184 cycles
per year in AHAM DW-1-2020 based on industry consensus. DOE thus
proposed in the December 2021 NOPR to amend the current annual number
of cycles estimate from 215 to 184 cycles, through reference to AHAM
DW-1-2020. Id. at 86 FR 72748-72749. The proposed value closely aligns
with DOE's analysis of 2015 RECS data. In the December 2021 NOPR, DOE
initially determined that the 2015 RECS is a suitable source for
updating the annual number of cycles estimate because (1) it is the
most recent RECS edition available, (2) RECS is nationally
representative for all U.S. households, and (3) it provides direct
survey data on the typical number of dishwasher cycles run by consumers
each week, rather than providing binned response options. Id. at 86 FR
72749.
---------------------------------------------------------------------------

\17\ In the 2015 RECS, the Energy Information Administration
(``EIA'') collected the number of times per week that households
used their dishwasher as point values rather than ranges as EIA had
done in previous surveys. For households using their dishwashers,
multiplying weekly usage by number of weeks in the year results in
annual usage rates. A weighted average of annual usage employs the
household weight and produces a nationally weighted annual usage
value.
---------------------------------------------------------------------------

The proposal to update the annual cycle value for calculating EAEU,
if finalized, would change the certified and reported EAEU values. DOE
also noted in the December 2021 NOPR that the existing energy
conservation standards are based on the EAEU as determined under the
current test procedure. Id. As such, DOE noted that the use of the 184
cycles-per-year value would be in conjunction with any future amended
energy conservation standards for dishwashers that account for the
updated annual cycle value. Accordingly, in the December 2021 NOPR, DOE
proposed to specify this requirement in the new appendix C2. Id.
Manufacturers would be required to use the results of testing under the
new appendix C2 to determine compliance with any future amended energy
conservation standards.
DOE requested input on its proposal to update the estimated number
of annual cycles from 215 to 184 cycles per year for future
calculations of EAEU. Id. DOE also requested comment on its approach to
propose a new appendix C2 with the updated annual number of cycles, the
use of which would be required for compliance with any amended energy
conservation standards. Id.
DOE did not receive any comments on this topic. DOE notes that RECS
2020 microdata was released in July 2022, from which DOE estimated that
the number of annual dishwasher cycles increased to 196.5 cycles per
year.\18\ DOE does not have sufficient information to determine whether
this value, obtained from surveys of consumers during the coronavirus-
19 pandemic, is representative of overall average consumer use of
dishwashers as compared to the estimate of 184 cycles per year proposed
in the December 2021 NOPR, due to potentially different usage patterns
of dishwashers by consumers during the coronavirus-19 pandemic.
Accordingly, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to update the number of annual cycles from 215 to
184 cycles per year for future calculations of EAEU in the new appendix
C2 and to require the use of the new appendix C2 with the updated
annual number of cycles for compliance with any amended energy
conservation standards.
---------------------------------------------------------------------------

\18\ 2020 RECS Survey Data. Available at: <a href="http://www.eia.gov/consumption/residential/data/2020/index.php?view=microdata">www.eia.gov/consumption/residential/data/2020/index.php?view=microdata</a>.
---------------------------------------------------------------------------

G. Energy and Water Consumption Test Methods

1. Test Load Items
The current test load and test load items are specified in sections
2.6 and 2.7 of appendix C1. Non-soil-sensing dishwashers are tested
with six serving pieces plus eight place settings, or six serving
pieces plus the number of place settings equal to the capacity of the
dishwasher if the latter is less than eight place settings. Soil-
sensing compact and soil-sensing standard dishwashers are tested with
four place settings and eight place settings, respectively, along with
six serving pieces each.
In the December 2021 NOPR and in response to comments received on
the August 2019 RFI, DOE noted that no data has been presented that
would justify changing the test load items at that time. 86 FR 72738,
72749. Although no data was presented regarding the use of plastic
items, DOE stated in the December 2021 NOPR that it recognizes that the
minimal thermal mass of plastic test load items would likely result in
little, if any, change to the energy and water consumption. Id.
DOE stated in the December 2021 NOPR that it observed that some of
the test load items specified in the currently applicable appendix C1
differ from the items specified in section 3.4 of AHAM DW-2-2020, which
is also referenced by section 2.7.1 of AHAM DW-1-2020. Id. As presented
in the December 2021 NOPR, the test load items as stated in the current
appendix C1 and AHAM DW-2-2020 are shown in Table III.1. Id. at 86 FR
72749-72750.

Table III.1--Test Load Items in the Currently Applicable Appendix C1 and AHAM DW-2-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix C1 AHAM DW-2-2020
Item --------------------------------------------------------------------------------------------------------------------
Company/designation Description Alternate Company/designation Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner Plate....................... Corning Comcor[supreg]/ 10 inch Dinner Plate.. ..................... Corelle[supreg] 10 inch (25.4cm).
Corelle[supreg] #5256294.
#6003893.
Bread and Butter Plate............. Corning Comcor[supreg]/ 6.75 inch Bread & Arzberg #8500217100 Corelle[supreg] 6.7 inch (17.0cm).
Corelle[supreg] Butter. or 2000-00001-0217-1. #5256286.
#6003887.
Fruit Bowl......................... Corning Comcor[supreg]/ 10 oz. Dessert Bowl... Arzberg #3820513100.. Corelle[supreg] 10 oz. (296mL).
Corelle[supreg] #5256297.
#6003899.

[[Page 3245]]

Cup................................ Corning Comcor[supreg]/ 8 oz. Ceramic Cup..... Arzberg #1382-00001- Arzberg #1382-00001- 7 oz. (207mL).
Corelle[supreg] 4732. 4732.
#6014162.
Saucer............................. Corning Comcor[supreg]/ 6 inch Saucer......... Arzberg #1382-00001- Arzberg #1382-00001- 5.5 inch (14.0cm).
Corelle[supreg] 4731. 4731.
#6010972.
Serving Bowl....................... Corning Comcor[supreg]/ 1 qt. Serving Bowl.... ..................... Corelle[supreg] 1 qt. (950mL).
Corelle[supreg] #5256304.
#6003911.
Platter............................ Corning Comcor[supreg]/ 9.5 inch Oval Platter. ..................... Corelle[supreg] Oval--9.5 inch by 7.5
Corelle[supreg] #6011655 OR inch (24.1cm by
#6011655. ALTERNATE 19.1cm). Round--8.5
Corelle[supreg] inch (21.6cm).
#5256290.
Glass--Iced Tea.................... Libbey #551HT......... ...................... ..................... Libbey #551HT........ 12.5 oz.
Flatware--Knife.................... Oneida[supreg]--Accent ...................... WMF--Gastro 0800 WMF 12.0803.6047.....
2619KPVF. 12.0803.6047.
Flatware--Dinner Fork.............. Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1905.6040.....
2619FRSF. 12.1905.6040.
Flatware--Salad Fork............... Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1964.6040.....
2619FSLF. 12.1964.6040.
Flatware--Teaspoon................. Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1910.6040.....
2619STSF. 12.1910.6040.
Flatware--Serving Fork............. Oneida[supreg]--Flight ...................... WMF--Signum 1900 WMF 12.1902.6040.....
2865FCM. 12.1902.6040.
Flatware--Serving Spoon............ Oneida[supreg]--Accent ...................... WMF--Signum 1900 WMF 12.1904.6040.....
2619STBF. 12.1904.6040.
--------------------------------------------------------------------------------------------------------------------------------------------------------

For the cup, saucer, and flatware items, the alternate options
listed in the currently applicable appendix C1 are the primary options
specified in AHAM DW-2-2020. The iced tea glass is the only item that
is the same for both test procedures. The remaining items specify
Corelle[supreg] as the manufacturer for both appendix C1 and AHAM DW-2-
2020, but these items have new model numbers in AHAM DW-2-2020. DOE
stated in the December 2021 NOPR that it understands that the
Corelle[supreg] model numbers listed in the currently applicable
appendix C1 are no longer in production, and the model numbers listed
in AHAM DW-2-2020 are the newer editions for these out-of-production
items. Id. at 86 FR 72750. Additionally, AHAM DW-2-2020 contains an
alternative selection only for the serving platter. For the other test
load items, AHAM DW-2-2020 provides instructions to contact AHAM for
assistance to identify suitable alternatives.
As illustrated in Table III.1, AHAM DW-2-2020, which is referenced
in AHAM DW-1-2020, includes newer model numbers of the test load items
as compared to the currently applicable appendix C1. Therefore, in the
December 2021 NOPR, DOE proposed to reference section 2.7.1 of AHAM DW-
1-2020, which specifies that the test load must be as stated in section
3.4 of AHAM DW-2-2020. Id. Specifically, DOE proposed to apply the
provisions of section 3.4 of AHAM DW-2-2020 to appendices C1 and C2,
excluding the Note accompanying section 3.4 regarding AHAM assistance
with determining alternatives. Id.
In the December 2021 NOPR, DOE also proposed to continue including
the test load items specified in the currently applicable appendix C1
as alternate options, so that test laboratories can continue using the
existing test load if they already have these items. Id. This proposal
would be applicable to both appendix C1 and the new appendix C2.
Pursuant to EPCA requirements, this approach would not impose an undue
burden, but rather minimize test burden as it would not require
manufacturers and/or test laboratories to procure new items if they
already have the existing test load items.
DOE requested comment on specifying that the test load items be as
specified in AHAM DW-1-2020 (which references section 3.4 of AHAM DW-2-
2020), while additionally retaining, as an alternative, the current
test load specifications in appendix C1 and the new appendix C2. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to specify that
the test load items be as specified in AHAM DW-1-2020 (which references
section 3.4 of AHAM DW-2-2020), while additionally retaining, as an
alternative, the current test load specifications in appendix C1 and
the new appendix C2.
2. Soils
As stated in the December 2021 NOPR, the soil load specified in the
currently applicable appendix C1 has been developed by DOE to produce a
measure of energy and water use of soil-sensing dishwashers in a
representative usage cycle. 86 FR 72738, 72751. DOE also stated that
DOE did not have data on the operation of a soil-sensing function that
would suggest that a field use factor to adjust testing results would
be appropriate and therefore, DOE did not propose a field use factor
for appendix C1 or the proposed new appendix C2 in the December 2021
NOPR. Id. DOE additionally requested feedback and data regarding
soiling level and whether there have been changes to consumers' pre-
rinsing behavior. Id. DOE also sought information regarding the impact
of different soil levels on energy and water use in dishwashers
currently on the market. Id.
Section 2.7.4 of the currently applicable appendix C1 states that
the soils shall be as specified in section 5.4 of ANSI/AHAM DW-1-2010,
except for the following substitutions:
<bullet> Margarine. The margarine shall be Fleischmann's Original
stick margarine.
<bullet> Coffee. The coffee shall be Folgers Classic Decaf.
Additionally, section 2.7.5 of the currently applicable appendix C1
states that soils shall be prepared according to section 5.5 of ANSI/
AHAM DW-1-2010, with the following additional specifications:
<bullet> Milk. The nonfat dry milk shall be reconstituted before
mixing with the oatmeal and potatoes. It shall be reconstituted with
water by mixing \2/3\ cup of nonfat dry milk with 2 cups of water until
well mixed. The reconstituted milk may be stored for use over the
course of 1 day.
<bullet> Instant mashed potatoes. The potato mixture shall be
applied within 30 minutes of preparation.

[[Page 3246]]

<bullet> Ground beef. The 1-pound packages of ground beef shall be
stored frozen for no more than 6 months.
In the December 2021 NOPR, DOE noted that Table 3 in section 5.4 of
AHAM DW-2-2020 specifies Fleischmann's\TM\ Original Stick margarine and
Folgers\TM\ Classic Decaf coffee, consistent with DOE's substitutions
in section 2.7.4 of the currently applicable appendix C1. Id. These
AHAM DW-2-2020 soiling specifications are also referenced in section
2.7.4 of AHAM DW-1-2020. Therefore, in the December 2021 NOPR, DOE
proposed to remove the substitution for margarine and coffee from
regulatory text in appendix C1 and apply the soiling requirements in
section 2.7.4 of AHAM DW-1-2020 instead. Id.
Additionally, section 2.7.5 of AHAM DW-1-2020 includes the
additional soil preparation requirements for milk, instant mashed
potatoes, and ground beef, which are currently specified in appendix
C1. Therefore, in the December 2021 NOPR, DOE proposed to remove the
additional soil preparation specifications from section 2.7.5 in
appendix C1 and apply the requirements in section 2.7.5 of AHAM DW-1-
2020 instead. Id.
DOE requested comment on its proposal to remove the soil
substitution and soil preparation requirements from sections 2.7.4 and
2.7.5 of appendix C1 and apply these same requirements from AHAM DW-1-
2020 instead. Id. DOE particularly requested data and information on
how the proposed soil composition would affect energy and water use in
current dishwashers. Id.
Samsung commented that pre-rinsing drastically increases the water
and energy use beyond what the test procedure measures today and cited
a Lawrence Berkeley National Laboratory (``LBNL'') survey which
indicated that 55 percent of consumers pre-rinse dishes.\19\ (Samsung,
No. 21 at p. 3)
---------------------------------------------------------------------------

\19\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at <a href="http://www.osti.gov/biblio/1827934">www.osti.gov/biblio/1827934</a>. Last accessed
July 6, 2022.
---------------------------------------------------------------------------

Samsung commented that it believes the consumer advocacy by
dishwasher manufacturers, consumer advocates, detergent manufacturers,
and the Environmental Protection Agency to educate consumers against
pre-rinsing would only be successful if consumers believe their
dishwasher will provide satisfactory cleaning without pre-rinsing.
(Id.; Samsung, Public Meeting Transcript, No. 22 at p. 7) To that end,
Samsung recommended that DOE consider updating soil loads that do not
assume pre-rinsing by introducing heavier test soil loads that match
the best practice of scraping foods off the plates rather than the soil
levels one would find after pre-rinsing dishes with water. (Id.)
During the December 2021 NOPR public meeting, the CA IOUs commented
that the soil loads used for the DOE test procedure should be
representative. The CA IOUs further commented that the soil loads
should be more representative of scraping compared to pre-rinsing as it
would be more beneficial from energy and water savings perspective. (CA
IOUs, Public Meeting Transcript, No. 22 at pp. 43-44) In written
comments, the CA IOUs commented that the soil loads as defined by AHAM
DW-2-2020 do not align with the definition of a ``normal cycle'' as
being recommended for typical use with a ``full load of normally soiled
dishes,'' because they do not believe a normally soiled load of dishes
is at most half soiled (as is implied by the soil level of ``heavy''
load in AHAM DW-2-2020) and the medium and light soil loads include a
majority of clean dishes. (CA IOUs, No. 19 at p. 2) The CA IOUs
commented that DOE should therefore consider increasing the number of
tableware that are soiled as part of the cleaning performance test.
(Id.)
The soil loads specified in the currently applicable appendix C1,
which are the same as the soil loads specified in AHAM DW-2-2020, have
been developed by DOE to produce a measure of energy and water use of
soil-sensing dishwashers in a representative usage cycle. While the
soils are only applied to some of the place settings at each soil load,
these soils represent the total quantities of soils that would enter a
dishwasher for a fully soiled load of dishes at the various soil
levels. DOE does not have, nor did commenters submit, any specific
information about the types of soils that would be used to reflect pre-
rinsing, or lack thereof, or the consumer relevance of such soils.
Absent such data, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to remove the additional soil preparation
specifications from section 2.7.5 in appendix C1 and apply the
requirements in section 2.7.5 of AHAM DW-1-2020 instead. DOE is also
finalizing its proposal, consistent with the December 2021 NOPR, to
remove the soil substitution and soil preparation requirements from
sections 2.7.4 and 2.7.5 of appendix C1 and apply these same
requirements from AHAM DW-1-2020 instead. Finally, the new appendix C2
mirrors the language in the amended appendix C1.
3. Loading Pattern
Section 2.6 of the currently applicable appendix C1 references
section 5.8 of ANSI/AHAM DW-1-2010 for loading the dishwasher prior to
running active mode tests, which requires loading in accordance with
the manufacturer's recommendation.
In the December 2021 NOPR, DOE recognized that the positioning of
soiled test load items in relation to unsoiled ones could impact the
rate at which soils are removed from the test load items, and therefore
also impact soil sensor responses. 86 FR 72738, 72751. This could lead
to variation in energy and water consumption. Specifying a loading
pattern requirement would improve the repeatability of the testing
procedure and reproducibility of results across both individual tests
and testing facilities. AHAM has included the loading pattern
requirements specified in the ENERGY STAR Cleaning Performance Test
Method in section 2.6.3.4 of AHAM DW-1-2020. These requirements are
applicable to soil-sensing dishwashers that are tested with both clean
and soiled place settings. In the December 2021 NOPR, DOE proposed to
apply these AHAM DW-1-2020 loading requirements to appendix C1 and the
new appendix C2 to reduce potential variation in the test procedure.
Id. Additionally, DOE proposed that these loading requirements would
apply to both soil-sensing and non-soil-sensing dishwashers as non-
soil-sensing dishwashers would be required to use soil loads for
testing under the proposed cleaning index threshold (discussed in
section III.H of this document). Id. DOE requested input on its
proposal to use the loading requirements specified in section 2.6.3.4
of AHAM DW-1-2020. Id.
AHAM commented that DOE had no data to support that specifying a
loading pattern requirement would improve the repeatability of the test
procedure and reproducibility of the results, especially as it pertains
to determining the cleaning performance of dishwashers. (AHAM, No. 17
at p. 10)
The Joint Commenters stated that they supported the proposal to
include the loading pattern requirements specified in AHAM DW-1-2020,
explaining that the current lack of specificity with regards to loading
pattern can impact repeatability and reproducibility of test results.
(Joint Commenters, No. 18 at pp. 1-2)
The ENERGY STAR Cleaning Performance Test Method specifies the same
loading pattern that DOE proposed in the December 2021 NOPR. During
development of the ENERGY STAR

[[Page 3247]]

Cleaning Performance Test Method, DOE noted that the loading pattern
had minimal effect on cleaning performance; however, DOE specified
loading patterns that distribute the soils throughout the dishwasher as
evenly as possible to ensure consistency from test laboratory to test
laboratory.\20\ In the absence of any additional data, DOE maintains
that given that the test load does not include all soiled items (i.e.,
only some of the place settings are soiled while others are clean), the
placement of the soiled items may impact soil sensor response or the
cleaning index, especially if a given unit does not uniformly clean all
items within the wash chamber. Therefore, specifying the placement of
the clean and soiled items for each test would ensure that the test is
run consistently each time.
---------------------------------------------------------------------------

\20\ ENERGY STAR[supreg] Program Requirements. Product
Specification for Residential Dishwashers. Draft 1 Test Method for
Determining Residential Dishwasher Cleaning Performance. Rev. Feb.-
2012. <a href="http://www.energystar.gov/sites/default/files/specs//Draft_1_Test_Method_Dishwasher_Cleaning_Performance.pdf">www.energystar.gov/sites/default/files/specs//Draft_1_Test_Method_Dishwasher_Cleaning_Performance.pdf</a>.
---------------------------------------------------------------------------

For the reasons stated previously, DOE is finalizing its proposal,
consistent with the December 2021 NOPR, to use the loading requirements
specified in section 2.6.3.4 of AHAM DW-1-2020 in appendix C1 and the
new appendix C2.
4. Preconditioning Cycles
Section 2.9 of the currently applicable appendix C1 requires
manufacturers to precondition the dishwasher by running the normal
cycle twice with no load after the testing conditions are established.
The prewash fill water volume, if any, and the main wash fill water
volume are measured during the second preconditioning cycle to
calculate the detergent amounts to be used during the energy and water
consumption tests. The prescribed procedure ensures an accurate
calculation of detergent dosing, priming of the water lines and sump
area of the pump, successful sensor calibration, and machine cleaning
without adding significant test burdens.
In the December 2021 NOPR, DOE did not propose to modify the
requirement for two preconditioning cycles currently in appendix C1,
and proposed to apply this requirement to the new appendix C2.
DOE did not receive any comments on this topic and is maintaining
the requirement for two preconditioning cycles currently in appendix C1
and is applying this requirement to the new appendix C2.
5. Detergent
Section 2.10 of appendix C1 specifies using Cascade with the Grease
Fighting Power of Dawn powder as the detergent formulation. This
section also provides the method to calculate the detergent quantities
to be added to the prewash (if available) and main wash compartments,
which is based on the prewash (if available) and main-wash water
volumes, respectively.
The powder detergent currently specified in appendix C1--Cascade
with the Grease Fighting Power of Dawn--is no longer commercially
available. Instead, a new powder detergent, Cascade Complete Powder,
which has a slightly different formulation \21\ from Cascade with the
Grease Fighting Power of Dawn, is now available on the market. AHAM has
updated AHAM DW-2-2020 to reference this new detergent for testing
purposes. AHAM DW-1-2020 references AHAM DW-2-2020 for detergent
formulation as well as dosage.
---------------------------------------------------------------------------

\21\ DOE participated in AHAM's task force for the development
of AHAM DW-1-2020. Stakeholders mentioned during the AHAM task force
calls that they were informed by the detergent manufacturer that the
only difference between Cascade with the Grease Fighting Power of
Dawn and Cascade Complete Powder is related to the enzymes used in
the detergent. DOE was not able to verify this information
independently because the ingredient list for Cascade with the
Grease Fighting Power of Dawn is not available on product packaging
(or online).
---------------------------------------------------------------------------

In addition to a change in the detergent to be used for testing,
both AHAM DW-1-2020 and AHAM DW-2-2020 also specify new dosage
requirements in comparison to the current requirements of appendix
C1.\22\ Section 4.1 of AHAM DW-2-2020 specifies the detergent dosage as
1.8 grams per place setting in the main compartment of the detergent
dispenser and 1.8 grams per place setting in the prewash compartment of
the detergent dispenser or other location. Section 2.10.1 of AHAM DW-1-
2020 further specifies to use half the quantity of detergent that is
specified in section 4.1 of AHAM DW-2-2020 for both prewash and main
wash detergent for the energy and water consumption tests. Prewash
detergent is specified only for those units if it is recommended by the
manufacturer's instructions for conditions that are consistent with the
test procedure. This includes, but is not limited to, manufacturer
instructions that recommend the use of prewash detergent for the normal
cycle, normally soiled loads, or for water hardness between 0 and 85
ppm. Additionally, if manufacturer instructions lead to the use of the
prewash detergent requirements, the prewash detergent is placed as
instructed by the manufacturer or, if no instructions are provided, the
prewash detergent is placed on the inner door near the detergent cup.
---------------------------------------------------------------------------

\22\ As discussed, the detergent dosage for the currently
applicable appendix C1 is based on measurements of the prewash fill
water volume, if any, and the main wash fill water volume measured
during the second preconditioning cycle.
---------------------------------------------------------------------------

In the December 2021 NOPR, DOE presented preliminary data comparing
the energy and water use of four dishwashers when tested according to
the current detergent and dosing method and the new detergent and
dosing method. 86 FR 72738, 72752-72753. In the December 2021 NOPR, DOE
noted that given the small sample size of only four test units, DOE
believed that additional testing would be required to determine whether
the observed variation in results is due to the change in detergent and
dosage, or whether it could be attributed to unrelated differences in
the sensor response of these soil-sensing dishwashers, or other
factors. Id.
Given the uncertainty about whether the new detergent and dosing
requirements would impact the energy and water consumption of
dishwashers, in the December 2021 NOPR, DOE proposed that both the
current detergent and dosage requirements as well as the new detergent
and new dosage requirements would be allowable to use for testing
according to appendix C1. Id. at 86 FR 72753. By maintaining the use of
the current detergent and dosing requirements, manufacturers would not
be required to re-test currently certified dishwashers. Because DOE
proposed the detergent type and dosage specifications in AHAM DW-1-2020
in addition to the current requirements, this proposal would not
require the re-rating or re-certification of dishwashers currently on
the market. Additionally, permitting the optional use of the detergent
and dosing specifications in AHAM DW-1-2020 would avoid the need for
manufacturers to request test procedure waivers should the currently
required detergent become unavailable and would harmonize with current
industry practice.
For the new appendix C2, which would be required at the time
compliance is required with updated energy and water conservation
standards, DOE proposed in the December 2021 NOPR to specify only the
new detergent and dosage requirements from AHAM DW-1-2020. Id.
The current dosage requirements specify detergent dosage based on
water volume, which requires distinguishing the water used in the
prewash from the

[[Page 3248]]

water used in the main wash. In the December 2021 NOPR, DOE stated that
it has observed, and stakeholders have also expressed, that uncertainty
in differentiating the prewash and main-wash cycles to estimate
detergent dosage could be a potential source of test variation. Id. As
stated, the new detergent dosage is based on the number of place
settings, rather than measurement of prewash and main-wash water
volumes, potentially providing more consistent dosing. More consistent
dosing would improve the repeatability and reproducibility of the
results. Additionally, the new dosage would reduce test burden, since
it would eliminate the need to identify, isolate, and calculate the
prewash and main-wash water volumes.
DOE requested comment on its proposal to adopt in appendix C1 the
new detergent and new dosage requirements as specified in AHAM DW-1-
2020, while also retaining the current detergent and dosage
requirements in appendix C1. Id. The use of either set of detergent
requirements would be allowable for testing under appendix C1. DOE also
requested comment on the detergent currently being used by
manufacturers and test laboratories for testing and certification of
dishwashers. Id.
DOE stated that if stakeholder comments indicate that the currently
specified detergent, Cascade with the Grease Fighting Power of Dawn, is
no longer being used by manufacturers, DOE may instead consider
including only the new detergent, Cascade Complete Powder, and dosage
requirements from AHAM DW-1-2020 in appendix C1, rather than allowing
both the current and new detergent and dosage requirements. Id. DOE
also welcomed comments and data on the impact of the new detergent and
dosage on energy and water use. Id.
DOE did not receive any written comments in response to this topic.
During the December 2021 NOPR public meeting, Fisher & Paykel noted
that AHAM DW-2-2020 specifies 1.8 grams of detergent per place setting,
but AHAM DW-1-2020 specifies to use half of that quantity for the
energy and water consumption tests. Fisher & Paykel additionally noted
that cleaning performance would also be evaluated using half the
quantity of detergent that is specified in AHAM DW-2-2020 (the standard
that specifies the cleaning performance test method). Fisher & Paykel
stated that DOE's proposal would require meeting the proposed cleaning
index threshold using only half as much detergent. (Fisher & Paykel,
Public Meeting Transcript, No. 22 at p. 56)
DOE notes that while AHAM DW-1-2020 specifies half the quantity of
detergent compared to AHAM DW-2-2020, the number of soiled place
settings are also fewer when testing is conducted according to AHAM DW-
1-2020 compared to AHAM DW-2-2020. Specifically, AHAM DW-2-2020
requires eight place settings to be soiled when conducting the test,
while sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM DW-1-2020 require
four, two, and one place settings to be soiled for the heavy, medium,
and light soil loads, respectively. Additionally, DOE's goal in
specifying the cleaning performance threshold is to evaluate cleaning
performance on the same cycles that are used to evaluate energy and
water use. Therefore, DOE believes it is appropriate to use the same
amount of detergent to evaluate cleaning performance as is used to
determine energy and water use.
In this final rule, DOE finalizes its proposal, consistent with the
December 2021 NOPR, to adopt in appendix C1 the new detergent and new
dosage requirements as specified in AHAM DW-1-2020, while also
retaining the current detergent and dosage requirements in appendix C1.
Additionally, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to adopt in the new appendix C2 only the new
detergent and new dosage requirements as specified in AHAM DW-1-2020.
6. Rinse Aid
Section 2.1 of the currently applicable appendix C1 requires that
testing be conducted without the use of rinse aid, and that any rinse
aid reservoirs remain empty for testing. In the December 2021 NOPR, DOE
maintained its conclusions from past rulemakings that the test
procedure should preclude the use of rinse aid, and that the rinse aid
container should remain empty during testing. 86 FR 72738, 72754.
Adding a rinse aid requirement would increase test burden without
information indicating that it would improve the representativeness of
the test results, and it could potentially cause variation in test
results. For these reasons, DOE did not propose a rinse aid requirement
in appendix C1 or the new appendix C2, which is consistent with the
specifications in AHAM DW-1-2020 that DOE proposed to reference in the
December 2021 NOPR. Id.
During the December 2021 NOPR public meeting, Electrolux questioned
if cleaning performance would be evaluated for soils only, without
evaluating spots, streaks, and rack contact marks, due to the lack of
the use of rinse aid during the energy and water consumption tests.
(Electrolux, Public Meeting Transcript, No. 22 at p. 19) AHAM commented
that if DOE moves forward with a cleaning performance metric, DOE
should evaluate either the use of rinse aid to decrease variation in
scoring or running the energy test without rinse aid and adjusting the
scoring to only score soils and not spots or streaks on glassware.
(AHAM, No. 17 at p. 15) During the October 2022 ex parte meeting, AHAM
commented that DOE's test procedure should not include the use of rinse
aid and the test load should be score based only on soil particles,
without including scores for spots or streaks. (AHAM, No. 27 at p. 40)
Whirlpool stated that if DOE finalizes its proposals to include a
minimum cleaning index requirement, Whirlpool recommended that rinse
aid be a requirement. Whirlpool explained that the use of rinse aid
improves repeatability and lowers variation in a dishwasher performance
test, including making glasses and silverware easier to accurately
score. (Whirlpool, No. 16 at p. 10; see also Whirlpool, No. 16 at p. 4)
Whirlpool also commented that it would assist DOE in determining the
appropriate amount of rinse aid to specify in the test procedure.
(Whirlpool, No. 16 at p. 10)
Whirlpool also commented that if DOE does not finalize the test
procedure with a cleaning index requirement, Whirlpool maintains its
existing position that rinse aid is not needed in a test that only
assesses energy and water consumption, since rinse aid does not impact
energy and water use. (Id.)
DOE recognizes that the use of rinse aid, or lack thereof, can
impact the scoring of spots or streaks on glassware. Given DOE is not
specifying the use of rinse aid, as discussed in section III.H of this
document, DOE has updated the cleaning index calculation to score only
soils and not include the scores of spots, streaks, or rack contact
marks on the glassware because, as noted by commenters, the lack of use
of rinse aid would impact the scores of spots, streaks, and rack
contact marks.
This final rule does not require the use of rinse aid in appendix
C1 or the new appendix C2, consistent with the specifications in AHAM
DW-1-2020 and the currently applicable DOE test procedure.
7. Water Softener Regeneration Cycles
In the October 2012 Final Rule, DOE adopted a method for measuring
the energy consumed during regeneration

[[Page 3249]]

cycles for water softeners built into certain residential dishwashers.
77 FR 65942, 65960. The adopted approach relies on manufacturer-
reported values for the energy and water use for each regeneration
cycle and the number of annual regeneration cycles. Id. The current
calculations for water softener regeneration cycles are provided in
sections 5.1.3, 5.4.3, 5.5.1.2, 5.5.2.2, 5.6.1.2, and 5.6.2.2 of
appendix C1. In response to the August 2019 RFI, DOE did not receive
any comment regarding the energy and water use during water softener
regeneration cycles, and thus did not propose any changes in the
December 2021 NOPR with regards to water softener regeneration cycles,
aside from maintaining the associated definitions and calculations
specified in AHAM DW-1-2020. 86 FR 72738, 72754.
AHAM commented that dishwashers with built-in water softeners
should be tested in the as-shipped condition, where the default
typically is that the water softeners are turned off, rather than
tested with the water softener activated since it does not expect
consumers to use the water softener function often due to the high
prevalence of home water softeners in the United States. (AHAM, No. 17
at p. 15) AHAM commented that it does not believe this will have a
statistically significant impact on energy usage. (Id.) Whirlpool
commented that it supported AHAM's position on the technical issues
concerning built-in water softener dishwashers. (Whirlpool, No. 16 at
p. 2)
AHAM has not submitted any data to support its claim that
dishwashers with water softeners typically have the water softener
turned off. DOE notes that the current test procedure accounts for the
additional energy and water use associated with water softener
regeneration cycles as a manufacturer-reported value that is added to
the tested values for the calculation of EAEU, EAOC, and water
consumption. In the June 2011 BSH Corporation (``BSH'') Decision and
Order, BSH included a 50-percent deduction in energy and water based on
an estimate that at least 50 percent of homes already have a water
softening system. 76 FR 38144, 38145. In this Decision and Order, DOE
noted that BSH submitted no data to support this claim. Id. DOE further
stated that to maintain the same methodology used in a similar waiver
granted to Whirlpool, DOE was not including the 50-percent deduction in
its final waiver for BSH. Id. In the absence of additional data, DOE's
position remains the same as that stated in the June 2011 BSH Decision
and Order.
Accordingly, DOE is finalizing its proposal, consistent with the
December 2021 NOPR, to maintain the associated definitions and
calculations specified in AHAM DW-1-2020 for water softener
regeneration cycles.
8. Water Re-Use System
On November 1, 2013, DOE published a Decision and Order (``November
2013 Decision and Order'') granting Whirlpool a test procedure waiver
(``Whirlpool waiver'') for testing specified basic models equipped with
a ``water use system,'' in which water from the final rinse cycle is
stored for use in the subsequent cycle, with periodic draining (``drain
out'') and cleaning (``clean out'') events. 78 FR 65629 (Case No. DW-
11).\23\ Whirlpool is required to test the basic model specified in the
November 2013 Decision and Order using appendix C1, with the following
modifications:
---------------------------------------------------------------------------

\23\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at <a href="http://www.regulations.gov">www.regulations.gov</a>.

(1) ``Water use system'' water and energy consumption shall be
accounted for during dishwasher water and energy measurement and
reporting, subject to the following:
a. For ``drain out'' events, constant values of 0.072 gallons
per cycle and 2.6 kWh/year shall be added to values measured by
appendix C1.
b. For ``clean out'' events, constant values of 0.071 gallons
per cycle and 10.3 kWh/year shall also be added to values measured
by appendix C1.
c. To calculate the detergent quantity for testing, a constant
value of 0.91 gallons for the water fill amount shall be used,
representing both saved water fill and house supply water fill.
d. If a ``drain out'' or ``clean out'' event occurs during
testing, any results from that use of the test procedure shall be
disregarded. Disconnect and reconnect power to the dishwasher, then
restart the test procedure.
(2) To detect a ``drain out'' event, measure the water volume
supplied during the first fill. A cycle shall be considered to have
a ``drain out'' event if the first fill uses approximately 1 gallon
from the water supply. Without a ``drain out'' event, the first fill
would use approximately 0.11 gallons from the water supply.
(3) To detect a ``clean out'' event, monitor the temperature of
the sump water using an additional temperature measuring device. The
device shall be placed inside the sump in an area such that the
device will always be submerged in water and will not interfere with
the operation of the dishwasher. A cycle shall be considered to have
a ``clean out'' event if the temperature of the sump water during
wash and rinse portions of the cycle reaches 150 [deg]F. Without a
``clean out'' event, the highest sump water temperatures would reach
approximately 140 [deg]F.

78 FR 65629, 65631.
Subsequently, AHAM published the AHAM DW-1-2020 standard, which
includes provisions for testing water re-use system dishwashers.
Specifically, sections 1.3, 1.9, and 1.29 of AHAM DW-1-2020 include
definitions for a clean out event, drain out event, and water re-use
system dishwasher, respectively. These definitions are consistent with
those specified in the November 2013 Decision and Order. AHAM DW-1-2020
also specifies the detergent dosing requirements, methods to measure
the energy and water consumption of water re-use system dishwashers,
including detection of drain out and clean out events, and calculations
for energy and water consumption. Sections 2.10.2, 4.1.3, 5.1.4, 5.1.5,
5.4.4, 5.4.5, 5.5.1.3, 5.5.1.4, 5.5.2.3, 5.5.2.4, 5.6.1.3, 5.6.1.4,
5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. All of these requirements are
consistent with the alternate test procedure specified in the November
2013 Decision and Order granting the waiver to Whirlpool for water re-
use systems, except for the specified water energy consumption
equations in sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4, which use
an incorrect constant.\24\
---------------------------------------------------------------------------

\24\ The equations in the noted sections improperly use the
constant K = specified heat of water in kWh per gal per [deg]F,
instead of C/e, where C = specific heat of water in Btus per gal per
[deg]F, and e = nominal gas or oil water heater recovery efficiency.
---------------------------------------------------------------------------

As soon as practicable after the granting of any waiver, DOE is
required to publish in the Federal Register a NOPR to amend its
regulations so as to eliminate any need for the continuation of such
waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id. Since AHAM DW-1-2020
includes the language from the Whirlpool waiver, in the December 2021
NOPR, DOE proposed to reference these requirements in appendix C1 and
the new appendix C2, with added modifications to the equations in
sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. 86
FR 72738, 72754.
DOE requested comment on its proposal to reference in appendix C1
and the new appendix C2 the testing provisions from AHAM DW-1-2020 to
address the Whirlpool waiver for water re-use system dishwashers. Id.
DOE did not receive any comments on this topic and is finalizing
its proposal, consistent with the December 2021 NOPR, to reference in
appendix C1 and the new appendix C2 the testing provisions from AHAM
DW-1-2020 to address the Whirlpool waiver for water re-use system
dishwashers.

[[Page 3250]]

9. Water Heater Efficiency
Section 5 of appendix C1 specifies the calculations of derived
results from test measurements, including machine energy consumption,
fan-only mode energy consumption, drying energy consumption, water
consumption, and water energy consumption. For water energy
consumption, DOE specifies different equations based on whether an
electric water heater is used, or a gas-heated or oil-heated water
heater is used. For electric water heaters, appendix C1 assumes a 100
percent efficiency,\25\ while for gas/oil water heaters, appendix C1
specifies the calculation assuming a 75 percent efficiency. DOE did not
propose any changes to this requirement in the December 2021 NOPR.
---------------------------------------------------------------------------

\25\ Section 5.5 of appendix C1 specifies the calculations for
water energy consumption for dishwashers using electrically heated
water. The equations specified in this section do not include a
constant for the water heater recovery efficiency (as specified in
section 5.6 for gas or oil-heated water), which indicates that the
calculations for water energy consumption for dishwashers using
electric water heaters assume a 100-percent water heater efficiency.
---------------------------------------------------------------------------

The Joint Commenters recommended that DOE amend assumptions for
water heater efficiencies to better reflect real-world water heater
efficiencies, as they would improve representativeness of the test
procedure and more accurately reflect the relative contribution of
water heating energy use to the total dishwasher energy use. (Joint
Commenters, No. 18 at p. 3) The Joint Commenters stated that the
efficiency assumptions in the test procedure are higher than those
found in the existing housing stock and underestimate the energy use
associated with water heating and estimated that the shipment-weighted
efficiencies for new water heaters are 92 percent for electric water
heaters and 62 percent for gas water heaters. (Id.)
As discussed in the clothes washer test procedure final rule
published on June 1, 2022, (See 87 FR 33316, 33355-33356), based on the
values presented, DOE interprets the Joint Commenters statement as
referring to a value of uniform energy factor (``UEF''). DOE notes that
UEF is a measure of efficiency based in part on a 24-hour simulated use
test that measures both energy use associated with recovery periods
(i.e., the energy embedded within each water draw) and energy losses
during the time in which water is not being withdrawn from the water
heater (i.e., standby energy losses), and incorporates simulated
household water draw patterns. In a residential household, numerous
appliances draw hot water from the water heater, in addition to
dishwashers. Given the number of factors not directly related to
dishwasher usage that factor into the UEF metric, DOE has determined
that it would not be appropriate to use UEF as the basis for
determining an estimate of water heating energy in the dishwashers test
procedure. The appropriate water heater efficiency metric to use for
dishwashers is the recovery efficiency, which represents the ratio of
energy delivered to the water to the energy content of the fuel
consumed by the water heater. Id. Based on a qualitative evaluation of
the electric and gas water heater efficiencies in its public Compliance
Certification Management System (``CCMS'') database,\26\ DOE determines
that the efficiencies listed in the current dishwasher test procedure
are appropriate. Additionally, DOE did not discuss water heater
efficiencies in the December 2021 NOPR and has not provided
stakeholders an opportunity to provide feedback on this topic. DOE will
revisit the Joint Commenters' comments in a future rulemaking.
---------------------------------------------------------------------------

\26\ U.S. Department of Energy Compliance Certification
Database, available at <a href="http://www.regulations.doe.gov/certification-data">www.regulations.doe.gov/certification-data</a>.
Last accessed July 8, 2022.
---------------------------------------------------------------------------

Therefore, DOE is not making any changes to the water heater
efficiency in the dishwasher test procedures at appendix C1 and the new
appendix C2.

H. Cleaning Performance

EPCA requires DOE to establish test procedures that are reasonably
designed to produce test results that measure energy efficiency, energy
use, water use (for certain products), or estimated annual operating
cost of a covered product during a representative average use cycle or
period of use, as determined by the Secretary, and shall not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE's test procedure for
dishwashers identifies the ``normal cycle'' as the cycle type
representative of consumer use, defines the term ``normal cycle,'' and
requires testing using the ``normal cycle.'' Compliance with the
applicable standards is determined based on the measured energy and
water use of the ``normal cycle.'' 10 CFR 430.23(c) and 10 CFR 430
subpart B appendix C1. The ``normal cycle'' is defined as the cycle
type, including washing and drying temperature options, recommended in
the manufacturer's instructions for daily, regular, or typical use to
completely wash a full load of normally soiled dishes including the
power-dry feature. If no cycle or more than one cycle is recommended in
the manufacturer's instructions for daily, regular, or typical use to
completely wash a full load of normally soiled dishes, the most energy-
intensive of these cycles shall be considered the normal cycle. In the
absence of a manufacturer recommendation on washing and drying
temperature options, the highest energy consumption options must be
selected. Section 1.12 of appendix C1. The currently applicable test
procedure in appendix C1 does not define what constitutes ``completely
wash[ing]'' a full load of normally soiled dishes (i.e., the cleaning
performance).
For dishwashers, the cleaning performance at the completion of a
cycle influences how a consumer uses the product. If the cleanliness of
the dishware after completion of a cleaning cycle does not meet
consumer expectations, consumers may alter their use of the dishwasher.
For example, consumers may alter the use of the product by selecting a
different cycle type that consumes more energy and water to provide a
higher level of cleaning, operating the selected cycle type multiple
times, or prewashing the dishware, flatware, and glassware before
loading into the dishwasher to achieve an acceptable level of cleaning.
In the December 2021 NOPR, DOE summarized a comment received from
Samsung in response to the August 2019 RFI in which Samsung stated that
consumers unsatisfied with the cleaning performance of the ``normal
cycle'' may opt to select a different mode that could result in
increased energy consumption. (Samsung, No. 9 at p. 3) DOE also
asserted in the December 2021 NOPR that it is possible that dishwashers
exist on the market that are currently tested by manufacturers using a
``normal cycle'' that does not ``completely wash'' dishes. 86 FR 72738,
72755.
In general, a consumer-acceptable level of cleaning performance
(i.e., a representative average use cycle) can be easier to achieve
through the use of higher amounts of energy and water use during the
dishwasher cycle.\27\ Conversely, maintaining acceptable cleaning
performance can be more difficult as energy and water levels are
reduced.\28\ Improving one aspect of

[[Page 3251]]

dishwasher performance, such as reducing energy and/or water use as a
result of energy conservation standards, may require a trade-off with
one or more other aspects of performance, such as cleaning performance.
DOE stated in the December 2021 NOPR that it expects, however, that
consumers maintain the same expectations of cleaning performance
regardless of the efficiency of the dishwasher. Id. at 86 FR 72755. As
the dishwasher market continuously evolves to higher levels of
efficiency--either as a result of mandatory minimum standards or in
response to voluntary programs such as ENERGY STAR--it becomes
increasingly more important that DOE ensures that its test procedure
continues to reflect representative use. As such, the normal cycle that
is used to test the dishwasher for energy and water performance must be
one that provides a consumer-acceptable level of cleaning performance,
even as efficiency increases.
---------------------------------------------------------------------------

\27\ Higher energy use may provide increased thermal and
mechanical action for removing soils. Similarly, higher water use
may provide better rinsing performance by reducing the amount of
soil re-deposition on the dishware.
\28\ In the December 2014 NOPR that proposed amended energy and
water use standards for dishwashers, DOE noted that cleaning
performance could be maintained up to Efficiency Level 3, which was
defined as 234 kWh/year and 3.1 gal/cycle. 79 FR 76141, 76165 (Dec.
19, 2014). In the December 2016 Final Determination, DOE
additionally noted that manufacturers generally indicated that by
using all available design options to improve efficiency, it would
likely be able to maintain performance with a maximum energy
consumption between 250 and 260 kWh/year and water consumption at
3.1 gal/cycle. 81 FR 90072, 90082.
---------------------------------------------------------------------------

In order for DOE's test procedure to more accurately and fully test
dishwashers during a representative average use cycle, DOE stated in
the December 2021 NOPR that it believes that amending the test
procedure to define what constitutes completely washing a full load of
normally soiled dishes (i.e., the cleaning performance) will better
represent consumer use of the product. Id. at 86 FR 72755. As such, in
the December 2021 NOPR, DOE proposed additional direction for selecting
the appropriate test cycle type, i.e., for determining whether the
cycle ``can completely wash a full load of normally soiled dishes.''
Id. DOE proposed to include a cleaning index methodology and minimum
threshold to validate the selection of the test cycle in appendix C1
and the new appendix C2.\29\ Id.
---------------------------------------------------------------------------

\29\ This approach is analogous to the one used for clothes
dryers, in which the DOE test procedure at appendix D2 defines a
threshold dryness level for automatic cycle termination of clothes
dryers as a condition for the test cycle to be valid. Specifically,
Section 3.3.2 of appendix D2 specifies that if the final moisture
content after completion of the drying cycle is greater than 2
percent, the test shall be invalid and a new run shall be conducted
using the highest dryness level setting.
---------------------------------------------------------------------------

DOE received several comments on its proposal to include a cleaning
performance test and minimum cleaning index threshold as a condition
for a valid test cycle. General comments, including whether to adopt
these provisions in the currently applicable test procedure at appendix
C1 or in the new appendix C2, are summarized in the following section
and topic-specific comments are addressed in subsequent sections.
1. General Comments
Samsung, ASAP, the Joint Commenters, and the CA IOUs supported the
inclusion of a cleaning performance test method and minimum cleaning
index threshold. (Samsung, No. 21 at p. 2; Public Meeting Transcript,
No. 22 at p. 7; ASAP, Public Meeting Transcript, No. 22 at pp. 21-22;
Joint Commenters, No. 18 at p. 2; CA IOUs, Public Meeting Transcript,
No. 22 at p. 43; CA IOUs, No. 19 at pp. 1-2) AHAM, Whirlpool, and GEA
opposed the inclusion of a cleaning performance test method and minimum
cleaning index threshold. (AHAM, No. 17 at p. 2; Whirlpool, No. 16 at
p. 2; GEA, No. 20 at p. 2)
Samsung commented that it agreed with DOE's position that the
cleaning performance requirements would help define what constitutes
completely washing a full load of normally soiled dishes (i.e., the
cleaning performance), which would allow the test cycle type to better
represent consumer use of the product. (Samsung, No. 21 at p. 2) The CA
IOUs commented that they supported the cleaning performance test
method, stating that it would provide base-level cleanliness
performance assurances that have the potential to increase
representative use of the expected ``normal'' cycle, reduce pre-rinsing
of dishes, and increase the overall consumer use of dishwashers. (CA
IOUs, No. 19 at pp. 1-2) ASAP commented that consumers often shift from
the normal cycle to an alternate cycle type with better cleaning
performance, which would result in increased energy consumption;
therefore, adopting a minimum cleaning index threshold would help
ensure representativeness of the normal cycle and would better meet
consumer expectations of cleaning performance. (ASAP, Public Meeting
Transcript, No. 22 at pp. 21-22) The CA IOUs commented that it would be
helpful to consumers in their energy and water use savings by assuring
that there is satisfaction with the normal cycle. (CA IOUs, Public
Meeting Transcript, No. 22 at p. 43) The Joint Commenters stated that a
cleaning performance requirement will result in tested cycle types that
are more representative of energy and water consumption during consumer
use. (Joint Commenters, No. 18 at p. 2) DOE appreciates stakeholder
support for the inclusion of the cleaning index threshold and agrees
that specifying such a threshold will ensure that the rated energy and
water consumption of dishwashers is representative for completely
washing a full load of normally soiled dishes with a consumer-
acceptable level of cleaning.
AHAM and Whirlpool commented that should DOE move ahead with a
performance metric in the test procedure, they urged that compliance
with the cleaning performance threshold should be required only with
amended standards. (AHAM, No. 17 at p. 13; AHAM, No. 27 at p. 3;
Whirlpool, No. 16 at p. 4) During the December 2021 NOPR public
meeting, AHAM commented that the inclusion of a cleaning performance
metric would intrinsically change test results and sought clarity on
why DOE was including the cleaning performance metric in appendix C1.
(AHAM, Public Meeting Transcript, No. 22 at p. 33) During the October
2022 ex parte meeting, AHAM reiterated its opposition to include
cleaning performance requirements in appendix C1, stating that the
cleaning performance would impact measured efficiency. (AHAM, No. 27 at
p. 3) AHAM commented that DOE could not produce data on whether
including cleaning performance requirements in appendix C1 would impact
measured energy or provide any data on why it made the proposal to
include the performance requirements in appendix C1, rather than
including it in the proposed new appendix C2 and applying it when
compliance with possible amended standards is required. (AHAM, No. 17
at pp. 13-14)
AHAM stated that the requirements potentially violate the
investment and associated recovery assumptions underlying the
manufacturer impact analysis that DOE presented in its preliminary
technical support document on possible amended energy conservation
standards. (Id. at p. 13) AHAM further commented that, based on DOE's
data, about 18 percent of models would need to be tested using the most
energy-intensive cycle \30\ and the response of granting a waiver for
products that fail to meet the cleaning index threshold on the most
energy-intensive cycle would completely diminish the point of the
requirement. (Id.) AHAM also referenced DOE's test data from the
January 2022 Preliminary

[[Page 3252]]

Analysis and stated that most models currently on the market are at
Efficiency Level (``EL'') 1 (which is the ENERGY STAR V. 6.0 level) and
at that level, the majority of products would need to be re-tested
using the most energy-intensive cycle for the heavy and/or medium soil
load. AHAM additionally stated that for the 33 percent of models in
DOE's data set that would require re-testing at the heavy soil load, it
is possible that these products may not meet the current energy
conservation standards or that some models currently meeting the ENERGY
STAR criteria may no longer meet the baseline after being re-tested
using the most energy-intensive cycle. (Id.)
---------------------------------------------------------------------------

\30\ As discussed further in section III.H.4 of this document,
DOE proposed in the December 2021 NOPR that if a dishwasher failed
to achieve the minimum cleaning index threshold for a given soil
load on the normal cycle, the unit would be re-tested at the same
soil load using the most energy-intensive cycle. 86 FR 72738, 72747,
727560 72759.
---------------------------------------------------------------------------

Whirlpool commented that if DOE's proposal for the minimum cleaning
index goes into effect with an amended appendix C1 test procedure, it
would create a tremendous burden on manufacturers by potentially
requiring them to re-test all models for compliance with the minimum
cleaning index requirement and potentially redesign cycle types to
continue to sell into the U.S. market, all within a 6-month window.
(Whirlpool, No. 16 at p. 9; Whirlpool, Public Meeting Transcript, No.
22 at pp. 34-35) Whirlpool commented that it is impractical and overly
burdensome to require manufacturers to re-test all their models in such
a short window, particularly when manufacturers and test laboratories
have other ongoing, competing laboratory needs. (Whirlpool, No. 16 at
p. 9) Whirlpool stated that product redesigns are likely to occur as a
result of this cleaning performance proposal. (Id.) Whirlpool commented
that redesigning a product can take many months or years and would be a
huge disruption in the market, and due to the stated flaws in the
cleaning index, it was not even certain whether redesigning a
dishwasher model to be compliant with the proposed cleaning index would
lead to more consumer satisfaction. (Id.)
DOE understands from the comments that manufacturers are
identifying basic models currently on the market that may require re-
testing as a result of the inclusion of cleaning performance testing
because the basic models may not meet the cleaning performance
threshold on the normal cycle at all soil loads. Therefore, although
DOE proposed to include the cleaning performance threshold in both
appendix C1 and the proposed new appendix C2 in the December 2021 NOPR,
DOE is finalizing these amendments only in the new appendix C2, which
will be required for use to determine compliance with amended
standards.
AHAM commented that while it agreed with DOE that dishwasher
performance is a concern, it could not support DOE's proposal to
include a performance metric in the test procedure without DOE
providing data and information to address the significant concerns AHAM
raised in its comments. (AHAM, No. 17 at p. 2) AHAM commented that it
agreed that performance needs to be maintained for the consumer, but
that the cleaning performance test would drive the opposite result by
forcing manufacturers to focus on only one aspect of cleaning
performance to the detriment of other important performance
functionalities. (AHAM, No. 26 at p. 5)
AHAM commented that EPCA authorizes DOE to develop test procedures
that measure only energy efficiency, energy use, water use, or
estimated annual operating cost, and that EPCA does not authorize DOE
to develop test procedures that measure product performance. (AHAM, No.
17 at p. 3) AHAM commented that DOE had not produced sufficient
information or data to show that its proposed cleaning performance
requirement meets EPCA's requirements. (AHAM, No. 17 at p. 3)
As discussed, EPCA requires that any test procedures prescribed or
amended shall be reasonably designed to produce test results which
measure energy efficiency, energy use, or estimated annual operating
cost of a covered product during a representative average use cycle or
period of use [emphasis added] and shall not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) As discussed in the December 2021 NOPR,
the cleaning performance at the completion of a cycle type influences
how a consumer uses a dishwasher. 86 FR 72738, 72755. If the
cleanliness of the dishware after completion of a cleaning cycle does
not meet consumer expectations, consumers may alter their use of the
dishwasher. Id. Indeed, comments received from Samsung expressed
concern that consumers unsatisfied with the cleaning performance of the
normal cycle may opt to select a different mode that could result in
increased energy consumption. Id. As discussed further in section
III.H.3 of this document, DOE notes that cycle selection data indicates
consumer use of cycle types other than the normal cycle and LBNL's
survey on dishwasher characteristics, usages, and consumer preferences
\31\ found that that 17 percent of the respondents ``sometimes'' re-run
their dishwasher due to inadequate cleaning. Amending the test
procedure to define what constitutes completely washing a full load of
normally soiled dishes (i.e., establishing a cleaning performance
threshold) will ensure that the test procedure produces test results
that measure energy and water use during a representative average use
cycle or period of use.
---------------------------------------------------------------------------

\31\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at <a href="http://www.osti.gov/biblio/1827934">www.osti.gov/biblio/1827934</a>. Last accessed
July 6, 2022.
---------------------------------------------------------------------------

AHAM asserted that DOE has not provided sufficient support for its
proposals, that the proposal to include a cleaning performance method
and to establish a minimum cleaning index threshold was not based on
data and, therefore, was arbitrary and capricious under the
Administrative Procedure Act (``APA'') \32\ and did not meet the
requirements of the Data Quality Act.\33\ (AHAM, No. 17 at pp. 3, 4-5,
7, 8, 10; AHAM, No. 26 at p. 4) Similarly, GEA asserted that EPCA, the
APA, and the Data Quality Act require that DOE's regulations be
properly supported by relevant data, but that DOE did not have relevant
data to support its proposed cleaning metric. GEA argued that the issue
in this rulemaking is not the quality or sufficiency of the data, or
how the data is interpreted, but the very existence of the data. (GEA,
No. 20 at p. 2)
---------------------------------------------------------------------------

\32\ Public Law 79-404 (June 11, 1946).
\33\ Public Law 106-554 (Dec. 21, 2000). AHAM did not provide
any details as to which specific requirements of the Data Quality
Act it believes the proposals in the December 2021 NOPR did not
satisfy.
---------------------------------------------------------------------------

DOE has met the APA's requirements, as DOE has explained in the
December 2021 NOPR and throughout this final rule discussion its
justification for including a cleaning performance measurement and for
establishing a minimum cleaning index threshold to define what
constitutes completely washing a full load of normally soiled dishes.
As discussed in detail in the following sections, DOE has presented the
details of the analysis performed by DOE, which builds upon
comprehensive investigation and analysis of dishwasher cleaning
performance conducted by DOE over the course of the development of the
ENERGY STAR Cleaning Performance Test Method and previous dishwasher
energy conservation standards rulemakings, and using the best available
data that DOE has to establish the specific cleaning index threshold
that aligns with consumer expectations for completely washing a full
load of normally soiled dishes.
AHAM also commented that DOE's published data are not transparent
and requested that DOE provide its full data set including generic
model identifiers to allow commenters to fully evaluate

[[Page 3253]]

DOE's test data. AHAM asserted that DOE's failure to provide that data
is not consistent with the requirements under the Data Quality Act and
other applicable statutory provisions. (AHAM, No. 17 at p. 12)
In the December 2021 NOPR, DOE presented the results of its test
data aggregated to a level appropriate for determining a cleaning index
threshold that most closely corresponded to consumer cycle selection
data. As discussed further in section III.H.3 of this document, DOE
presented graphs in the December 2021 NOPR showing the total percentage
of each of the soil test cycles that met the threshold at each
potential threshold level among all the units in the test sample. 86 FR
72738, 72757. This aggregated data informed the selection of the
proposed cleaning index threshold. Id. Presenting model-level data
would not have provided insights into the selection of an appropriate
cleaning performance index. Further, DOE has complied with DOE's
guidelines for implementing the Data Quality Act that ensure the
quality, objectivity, utility, and integrity of the data presented in
this document.\34\
---------------------------------------------------------------------------

\34\ See the discussion of the Data Quality Act in the December
2021 NOPR. 86 FR 72738, 72767; see also <a href="http://www.energy.gov/sites/prod/files/cioprod/documents/finalinfoqualityguidelines03072011.pdf">www.energy.gov/sites/prod/files/cioprod/documents/finalinfoqualityguidelines03072011.pdf</a>.
---------------------------------------------------------------------------

AHAM commented that in order to establish or amend representative
average use cycles or periods of use, DOE must have national,
statistically significant, field use data on consumer use, and that
without such data, it is impossible and inappropriate for DOE to
determine or change the average use cycle in a test procedure. (AHAM,
No. 17 at p. 2) AHAM stated that the current dishwasher test procedure
is based on consumer use studies, and that changing the test would
require showing that something has changed with regard to consumer
behavior or that more accurate consumer use study data are available.
(Id.)
As DOE discussed in the December 2021 NOPR, it has become
increasingly more important that DOE ensure that its test procedure
continues to reflect representative use as the dishwasher market
continuously evolves to higher levels of efficiency. 86 FR 72738,
72755. DOE notes that it did not propose to change the cycle type used
for testing (i.e., the normal cycle), but rather to ensure that the
cycle type tested as the normal cycle produces results that are
representative of consumer use. As discussed in the December 2021 NOPR
and further in section III.H.3 of this document, DOE determined the
proposed cleaning performance threshold based on confidential consumer
cycle selection data provided by industry. Id. at 72756. DOE believes
this data to be nationally representative and based on field use data
and/or consumer survey data. This final rule also presents an analysis
of consumer usage data based on a survey report published October 28,
2021, by LBNL,\35\ which further supports the cleaning index threshold
value defined in this final rule (see section III.H.3 of this
document).
---------------------------------------------------------------------------

\35\ ``Dishwashers in the Residential Sector: A Survey of
Product Characteristics, Usage, and Consumer Preferences.'' Section
4.3.2.1. Available at <a href="http://www.osti.gov/biblio/1827934">www.osti.gov/biblio/1827934</a>. Last accessed
July 6, 2022.
---------------------------------------------------------------------------

AHAM also commented that DOE's rationale for adopting a minimum
cleaning index threshold did not establish a direct connection to the
product's energy use or energy efficiency; rather, it tied the
threshold to avoiding certain consumer behavior in cases of what DOE
deemed to be unacceptable performance. (AHAM, No. 17 at p. 4) AHAM
asserted that EPCA does not permit this approach for incorporating
performance criteria. (Id.)
DOE is adopting a minimum cleaning index threshold to define what
constitutes ``completely wash[ing]'' a full load of normally soiled
dishes so as to better represent consumer use of the product (i.e., to
produce test results that are more representative of an average
consumer use cycle), as discussed in the December 2021 NOPR. 86 FR
72738, 72755. As discussed in the December 2021 NOPR and summarized
earlier in this section, a consumer-acceptable level of cleaning
performance can be easier to achieve through the use of higher amounts
of energy and water use during the dishwasher cycle type (i.e., the
amount of energy or water use of a dishwasher can directly affect the
level of cleaning performance). Conversely, reducing energy and water
consumption may negatively impact cleaning performance to a level that
is not consumer-acceptable.\36\
---------------------------------------------------------------------------

\36\ During the previous standards rulemaking, AHAM and a group
of its members presented data from two sets of manufacturer testing:
one set consistent of a modified DOE sensor heavy soil load tested
in dishwashers reprogrammed to match three energy and water use
levels (307 kWh/year and 4.1 gal/cycle, 255 kWh/year and 3.1 gal/
cycle, and 234 kWh/year and 3.1 gal/cycle and another set consisting
of two dishwashers that were each loaded with ten place settings
soiled with a modified ANSI/AHAM DW-1-2010 soil load, with each
dishwasher programmed to match two energy and water use levels (307
kWh/year and 5.0 gal/cycle and 234 kWh/year and 3.1 gal/cycle). 81
FR 90072, 90082-90083. Based on the results of these tests, AHAM
commented that any standards at the lower energy and water
consumption levels (i.e., 234--255 kWh/year and 3.1 gal/cycle) would
result in worse cleaning performance than products that were then on
the market could achieve. Id.
---------------------------------------------------------------------------

AHAM commented that it recognized that unacceptable performance may
drive consumers toward less energy efficient behavior, but asserted
that there are other ways of ensuring that performance is maintained
for the consumer that DOE must consider during the standards
development process. (AHAM, No. 17 at p. 4) DOE believes AHAM is
referring to EPCA's criteria for prescribing amended standards;
specifically, that DOE must consider any lessening of the utility or
performance of the covered products likely to result from the
imposition of the standard. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) In
accordance with this provision, DOE has explicitly addressed consumer
utility concerns related to cleaning performance in previous
rulemakings addressing dishwasher energy conservation standards, as
well as in the January 2022 Preliminary Analysis. (See 77 FR 31918,
31956-31957; 81 FR 90072, 90082-83; 87 FR 3450 \37\). In each of these
rulemakings, DOE has presented analysis and findings regarding the
impacts of cleaning performance on the ability for manufacturers to
offer dishwashers that comply with energy conservation standards at the
considered efficiency levels. In DOE's conclusions regarding the
economic justification of potentially higher standards, DOE did not
establish more stringent standards that would require manufacturers to
compromise cleaning performance in order for dishwasher models to
demonstrate compliance, thereby fulfilling the consideration required
under 42 U.S.C. 6295(o)(2)(B(i)(IV). Id. Although not necessitated by
the current energy conservation standards, manufacturers may choose to
achieve compliance or further reductions in energy and water use
through the use of control strategies and design approaches that reduce
cleaning performance.\38\
---------------------------------------------------------------------------

\37\ See chapter 5 of the Preliminary Technical Support
Document, available at <a href="http://www.regulations.gov/docket/EERE=2019=BT=STD=0039">www.regulations.gov/docket/EERE=2019=BT=STD=0039</a>.
\38\ For example, manufacturers may reduce wash or rinse
temperatures and/or reduce fill volumes for wash or rinse portions
of the test cycle without implementing any additional design
options.
---------------------------------------------------------------------------

In response to AHAM's comment that unacceptable cleaning may drive
consumers toward less efficient behavior, DOE is ensuring test results
that are representative of an average use cycle, in accordance with the
requirements of 42 U.S.C. 6295(o)(2)(B(i)(IV) of EPCA, by establishing
a minimum cleaning performance threshold in the new appendix C2.
Establishing a cleaning

[[Page 3254]]

index threshold as part of the new appendix C2 ensures that energy and
water savings are being realized for products that comply with any
future new or amended energy conservation standards for dishwashers.
AHAM commented that DOE's proposal, which focuses only on cleaning
performance using a metric that does not adequately measure or
represent consumer satisfaction, was more likely to drive negative,
unintended consequences for consumers relating to overall dishwasher
performance. (AHAM, No. 17 at pp. 4-5) AHAM commented that cleaning
performance is a function of washing temperature, length of washing
cycle, type and amount of detergent applied, and mechanics (i.e.,
power), such that if DOE wanted to reduce energy and water use and
maintain cleaning performance, it is likely that cycle time could reach
a level unacceptable to consumers or that other elements of performance
could be impacted. (AHAM, No. 17 at p. 5) AHAM commented not all
elements of wash performance can be altered and maintain product
functionality; for example, since the water must be warm enough to
activate the detergent and remove fatty soils, manufacturers have few
options to consider other than lengthening cycles, reducing drying
performance or eliminating drying altogether, or increasing the noise
level of the dishwasher to allow for greater power, in order to
maintain cleaning performance while also meeting more stringent
standards. (Id.)
AHAM further commented that a performance threshold that addresses
only a single performance attribute is not consumer relevant because it
ignores the fact that the dishwasher is a holistic system. AHAM stated
that by requiring energy and water levels and a cleaning performance
level, DOE could essentially force manufacturers into designing
dishwashers that satisfy DOE's test procedure requirements, but do not
satisfy consumers not only on the factors that are not addressed, but
also with regard to the cleaning performance itself because, according
to AHAM, DOE had failed to demonstrate that the cleaning index
threshold it had selected correlated to consumer satisfaction. (Id.)
DOE testing indicates that a wide range of dishwashers are
currently available on the market that achieve the proposed cleaning
index threshold (which is equivalent to the cleaning index threshold
finalized in this document) on each soil load tested as part of the
normal cycle. In particular, such models are available at the DOE
minimum standard level, the ENERGY STAR V. 6.0 standard level, and the
current ENERGY STAR Most Efficient level (which is also the ENERGY STAR
V. 7.0 level that goes into effect in July 2023). Based on this wide
range of dishwashers currently available on the market, DOE has
concluded that the finalized cleaning performance threshold, as
discussed in section III.H.3 of this document, will not result in
dishwasher performance that is unacceptable to consumers or that would
result in detrimental impacts to other consumer-relevant elements of
performance. Furthermore, the discussion in section III.H. 3 of this
document demonstrates that the cleaning index threshold correlates to
consumer satisfaction of dishwasher performance. DOE expects that this
final rule will have positive effects for consumers by ensuring that
the rated energy and water use of dishwashers is based on a test cycle
type that completely washes a full load of normally soiled dishes.
Whirlpool commented that it supported positions presented by AHAM,
specifically noting that the proposal to include a minimum cleaning
performance threshold score was unsubstantiated and not consumer
relevant. (Whirlpool, No. 16 at p. 2) Whirlpool commented that it was
pleased to see DOE sought to maintain performance and consumer
satisfaction of dishwashers, but that the need to do so should serve as
a signal that standards should not be amended further. (Whirlpool, No.
16 at p. 3)
As discussed, by establishing a minimum cleaning performance
threshold in the new appendix C2, DOE is ensuring test results that are
representative of an average use cycle. Establishing a cleaning index
threshold as part of the new appendix C2 ensures that energy and water
savings are being realized for products that comply with any future new
or amended energy conservation standards for dishwashers. DOE will
evaluate concerns regarding the impact of new or amended energy
conservation standards on performance and consumer satisfaction within
the energy conservation standards rulemaking process.
Whirlpool commented that DOE should not finalize the dishwasher
test procedure with a minimum cleaning index threshold given the
excessive burden caused by testing and potentially redesigning models
and potential certification, verification, and enforcement risks
associated with the requirement. (Whirlpool, No. 16 at p. 3) Whirlpool
stated that DOE's approach to specify a cleaning index threshold as a
way to address consumer satisfaction with dishwasher cleaning
performance was misplaced. (Whirlpool, No. 16 at p. 10) Whirlpool
stated that the proposed test procedure is variable, and that it would
lead to enormous manufacturer burden, competitive harm, and possible
verification failures. (Id.)
In the December 2021 NOPR, DOE quantified the additional test
burden expected to result from its proposal. 86 FR 72738, 72763-72764.
Specifically, in the NOPR, DOE estimated that the cost to test a soil-
sensing dishwasher to be approximately $2,330 per basic model and that
for a non-soil-sensing dishwasher to be approximately $790 per basic
model, which included the cost for the additional 1 hour per soil load
that DOE estimated as the additional time required to score a load at
the end of the cycle and calculate the cleaning index. 86 FR 72738,
72763. Section III.L.1 of document presents DOE's finalized estimates
of the expected costs associated with these amendments. However, while
DOE proposed to include these amendments in both appendix C1 and the
proposed new appendix C2 in the December 2021 NOPR, DOE now is only
including these amendments in the new appendix C2, which will reduce
the immediate burden incurred by manufacturers. Appendix C2 will be
required only for use to determine compliance with any future new or
amended standards for dishwashers.
As stated, DOE is introducing the cleaning performance requirement
to ensure the test results are representative of an average consumer
use cycle, but the cleaning performance requirement is only being
included as part of the new appendix C2 and will only pertain to any
future new or amended energy conservation standards for dishwashers.
DOE testing indicates that a wide range of dishwashers are currently
available on the market that achieve the proposed cleaning index
threshold (which is equivalent to the cleaning index threshold
finalized in this document) on each soil load tested as part of the
normal cycle. In particular, such models are available from multiple
manufacturers at the DOE minimum standard level, the ENERGY STAR V. 6.0
level, and the current ENERGY STAR Most Efficient level (which is the
same as the ENERGY STAR V. 7.0 level that goes into effect in July
2023). Therefore, DOE has determined that the cleaning performance
threshold will not introduce competitive harm and that dishwashers
achieving this threshold are capable of meeting the existing DOE energy
and water conservation standards (as well as more efficient performance
levels).

[[Page 3255]]

The following sections discuss DOE's proposal in the December 2021
NOPR, additional comments received in response to the proposals, and
DOE's response and final requirements for cleaning performance.
2. Cleaning Performance Test Method
In the December 2021 NOPR, DOE proposed to adopt a cleaning
performance test method that would help determine if a dishwasher, when
tested according to the DOE test procedure, ``completely washes a
normally soiled load of dishes,'' according to the representative
consumer use. 86 FR 72738, 72755. Specifically, DOE proposed to include
the cleaning performance evaluation setup, procedures, and calculations
that are specified in the ENERGY STAR Cleaning Performance Test Method,
which references ANSI/AHAM DW-1-2010, in appendix C1 and the new
appendix C2. Id.
The ENERGY STAR Cleaning Performance Test Method specifies a
procedure to determine cleaning performance at the same test loads
described in the DOE test procedure. For soil-sensing dishwashers,
cleaning performance is evaluated on the same cycles that are used to
determine energy and water consumption (i.e., the heavy, medium, and
light soil loads). (ENERGY STAR Cleaning Performance Test Method
section 5.1.B) For non-soil-sensing dishwashers, cleaning performance
is evaluated on three additional cycles at the heavy, medium, and light
soil loads that are run immediately after the clean-load cycle that is
used to determine energy and water consumption. (ENERGY STAR Cleaning
Performance Test Method section 5.1.C) Each test load item is
quantitatively evaluated for cleanliness under prescribed lighting
conditions referenced from ANSI/AHAM DW-1-2010. (ENERGY STAR Cleaning
Performance Test Method section 4.B) Additionally, section 5.2 of the
ENERGY STAR Cleaning Performance Test Method specifies criteria to
score the load; it references section 5.10 of ANSI/AHAM DW-1-2010,
which specifies the following requirements:
<bullet> Each test load item receives a score based on the number
and size of soil particles that remain on the item following the
termination of a test cycle type.
<bullet> Glassware items are additionally evaluated for the number
and size of remaining spots, streaks, and rack contact marks.
<bullet> A score of 0 indicates a completely clean test load item,
and a single test load item cannot exceed a cumulative score of 9.
<bullet> The number of test items that receive each score is
counted (i.e., number of items in the test load that receive a score of
0, 1, 2, . . . , 9) and the weighted average of these counts is
subtracted from 100 to produce a final cleaning index for the test
cycle.
<bullet> A score of 100 indicates perfect cleaning performance.
Accordingly, in the December 2021 NOPR, DOE proposed to include the
requirements specified in sections 4(B), 5.2, and 5.3 of the ENERGY
STAR Cleaning Performance Test Method, as follows:
Section 4(B) of the ENERGY STAR Cleaning Performance Test Method
establishes the lighting requirements for the evaluation room for
scoring the test load, as specified in ANSI/AHAM DW-1-2010. These same
lighting requirements are also specified in section 5.10 of AHAM DW-2-
2020; therefore, DOE proposed to reference section 5.10 of AHAM DW-2-
2020 to specify the lighting requirements for the evaluation room. 86
FR 72738, 72756.
Section 5.2 of the ENERGY STAR Cleaning Performance Test Method
establishes the scoring procedure to evaluate each dishware item in the
test load after completion of the test cycle, as specified in ANSI/AHAM
DW-1-2010. The scoring method is also specified in section 5.10.1 of
AHAM DW-2-2020; therefore, DOE proposed to reference the scoring
requirements specified in AHAM DW-2-2020. Id.
Section 5.3 of the ENERGY STAR Cleaning Performance Test Method
specifies the equation for calculating a cleaning index for each test
cycle, which is also specified in section 5.12.3.2 of AHAM DW-2-2020;
therefore, DOE proposed to reference the calculation of cleaning index
for each test cycle from AHAM DW-2-2020. Id.
In the December 2021 NOPR, DOE noted that the calculation to
determine per-cycle cleaning index is based on the individual score of
each item such that dishware and flatware are scored based on soil
particles, while glassware is scored based on soil particles as well as
spots, streaks, and rack contact marks. Id. DOE further noted that AHAM
DW-2-2020 provides two separate equations for calculating the total
cleaning index for one test run. Id. The equation in section 5.12.3.1
of AHAM DW-2-2020 specifies a soil-only cleaning index, which is
calculated using the scores of each test load item (including
glassware) based only on soil particles. Section 5.12.3.2 of AHAM DW-2-
2020 uses the same equation as that in the ENERGY STAR Cleaning
Performance Test Method (and ANSI/AHAM DW-1-2010) and defines the total
cleaning index calculation using the scores of dishware and flatware
based on soil particles and glassware based on soil particles as well
as spots, streaks, and rack contact marks. DOE proposed to reference
section 5.12.3.2 of AHAM DW-2-2020 to calculate the total cleaning
index of a cycle type because DOE stated that it expects that consumers
would evaluate the cleanliness of their load items at the completion of
a cycle type. Id. DOE requested feedback on whether it should consider
referencing section 5.12.3.1 of AHAM DW-2-2020 instead, which would
calculate the cleaning index based on soil particles only. Id. DOE
stated that if it were to calculate the cleaning index using soil
particles only, it would reevaluate the per-cycle cleaning index
threshold value [discussed further in section III.H.3 of this document]
to reflect this change. Id. DOE requested stakeholder feedback on an
appropriate threshold to consider. Id.
DOE also requested feedback on the proposed methodology to test,
score, and calculate a cleaning index to validate the tested cycle and
sought comment on whether other methodologies should be considered for
validating the cleaning performance of the tested cycle. Id.
DOE requested feedback on whether it should consider referencing
section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance,
which would calculate the cleaning index based on soil particles only.
Id. DOE noted that if it were to calculate cleaning index using soil
particles only, it would reevaluate the per-cycle cleaning index
threshold value to reflect this change. Id.
As discussed in section III.G.6 of this document, stakeholders
commented that if DOE does not specify the use of rinse aid, the
cleaning index should be calculated based on soil particles only,
without including spots, streaks, or rack contact marks. (Electrolux,
Public Meeting Transcript, No. 22 at p. 19; AHAM, No. 17 at p. 15 \39\)
During the October 2022 ex parte meeting, AHAM commented that while it
supported calculating cleaning indices based on soil particles only, it
did not support

[[Page 3256]]

raising the cleaning index threshold score of 65 much or at all as a
result of this change to alleviate some burden and reduce false
findings of noncompliance. (AHAM, No. 27 at pp. 2-3)
---------------------------------------------------------------------------

\39\ AHAM provided the same recommendation to DOE during the
October 2022 ex parte meeting and included the meeting materials in
an attachment to its memorandum summarizing the meeting.
Specifically, AHAM's recommendation regarding the determination of
the cleaning index in the absence of a specification for the use of
rinse aid may be found in the October 2022 ex parte memorandum at
(AHAM, No. 27 at p. 40).
---------------------------------------------------------------------------

Given that DOE is not specifying the use of rinse aid in the new
appendix C2, DOE has reevaluated the requirement to score glassware and
calculate the cleaning index based on soil particles only, which is
discussed in section III.H.3 of this document. Accordingly, DOE has
updated its reference, in the new appendix C2, to section 5.10.1.1 of
AHAM DW-2-2020 to score items based on soil particles and section
5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance.
AHAM referenced EPCA's requirement that new and amended test
procedures be reasonably designed [emphasis added] to produce test
results that measure energy efficiency, energy use, water use, or
estimated annual operating cost of covered products or equipment during
a representative average use cycle or period of use, while also not be
unduly burdensome to conduct; and commented that a test cannot be
considered reasonably designed if it is not accurate, repeatable, and
reproducible. (AHAM, No. 17 at p. 3; AHAM No. 26 at p. 1) AHAM further
stated that the cleaning performance test was too variable to be used
for mandatory criteria. (AHAM, No. 26 at p. 1) AHAM commented that AHAM
DW-2-2020 was designed for companies to use in their product
development efforts, and that it was not designed to be used as a
regulatory tool. AHAM stated that AHAM DW-2-2020 does not require the
same precision in repeatability and reproducibility as a mandatory
performance threshold does, and that that the AHAM DW-2-2020 test
method does not claim to replicate consumer interaction with
dishwashers, such as how they load it, how much soil is on the dishes,
how many dishes are in the dishwasher, the amount and type of detergent
used, whether rinse aid is used, etc.; rather it was intended to assess
redeposition. (AHAM, No. 17 at p. 6)
AHAM commented that the proposed test procedure, which is based on
the ENERGY STAR Cleaning Performance Test Method (which is based on
AHAM DW-2-2020 and uses DW-2-2020's scoring method) continues to be too
variable to be used for mandatory criteria and referenced comments made
in response to the EPA's ENERGY STAR Program. (AHAM, No. 17 at p. 8;
AHAM, Public Meeting Transcript, No. 22 at pp. 29-30)
AHAM additionally commented that it conducted round robin testing
in 2018 across seven test laboratories on non-soil-sensing units and
determined a within-laboratory standard deviation of 7.7 points. AHAM
commented that these results indicate that the test is not sufficiently
repeatable or reproducible to be used as a mandatory regulatory test
procedure. (AHAM, No. 17 at pp. 8-9) AHAM further claimed that there is
such a high standard deviation of test runs that it is possible that
the same dishwasher model may pass one test and fail on another test,
even within the same laboratory. (AHAM, No. 17 at p. 10) Similarly,
Whirlpool commented that due to the extreme variation between test
laboratories, it is likely that the same model may receive different
scores at different laboratories. (Whirlpool, No. 16 p. 8) Whirlpool
commented that a dishwasher could potentially receive a passing score
at one manufacturer's laboratory, while another manufacturer's
laboratory may produce a failing score, leading to competitive harm
between manufacturers. (Id.) Whirlpool also stated that there could be
a difference of up to 6 to 8 points in scoring even among experienced
technicians in a single laboratory, and a single technician may grade
the exact same item differently between runs. (Whirlpool, No. 16 at pp.
4, 10)
AHAM commented that results from round robin testing that it
conducted in 2013 are more relevant to DOE's proposed test procedure
because the 2018 round robin included more soiled dishes in the load
than DOE's proposed test procedure. AHAM stated that the 2013 round
robin evaluated variation under the same or very similar conditions to
DOE's current proposal. (AHAM, No. 26 at p. 2) AHAM stated that the
2013 round robin, which was used to evaluate the ENERGY STAR
performance test and DOE's proposed test procedure is based on that,
included two units at six laboratories and each unit was tested two
times by two technicians. (AHAM, No. 26 at p. 3) AHAM commented that
for a soil-sensing unit, the standard deviation was as high as 6.8
percent, meaning whether a unit passes or fails DOE's proposed criteria
depends significantly on who is doing the grading. (Id.) AHAM further
commented that DOE's proposed test procedure focuses only on one aspect
of performance (i.e., cleaning) and ignores others (i.e., drying
effectiveness, cycle length, and noise), which could frustrate
consumers and drive them away from dishwasher use, thus increasing
energy and water use. (AHAM, No. 26 at p. 4)
Whirlpool commented that DOE has not addressed or resolved these
longstanding issues with repeatability and reproducibility of the AHAM
DW-2 test method, and stated that AHAM has documented the huge amount
of variation that exists within a laboratory and lab-to-lab with this
AHAM performance test. (Whirlpool, No. 16 at p. 8) Whirlpool and AHAM
stated that DOE has not presented data to demonstrate the proposed test
is repeatable or reproducible. (Whirlpool, No. 16 at p. 8; AHAM, No. 17
at p. 10) AHAM commented that its own data demonstrated that the test
was not sufficiently repeatable or reproducible to provide accurate
results and that DOE should not adopt it on this basis alone. (AHAM,
No. 17 at p. 10)
Conversely, Samsung commented that it supported DOE's proposal to
adopt the ENERGY STAR Cleaning Performance Test Method and use of AHAM
DW-2-2020 to determine the cleaning index for the test cycle. (Samsung,
No. 21 at p. 2) Samsung stated that this test method is subject to
variability, but that it is the best option available to measure
cleaning performance, and that the minimum threshold score level could
be set to accommodate this variability. (Id.)
The CA IOUs commented that manufacturers were familiar with the
ENERGY STAR Cleaning Performance Test Method and 117 dishwasher models
across 12 brands meet the cleaning index of 70 that is required for all
three test loads to qualify for the ENERGY STAR Most Efficient product
designation. (CA IOUs, No. 19 at p. 2)
Based on an evaluation of currently available industry standards,
DOE believes the AHAM DW-2-2020 standard is the best standard available
for testing U.S. dishwasher models. To the extent that industry were to
update its test method to evaluate other aspects of dishwasher
performance, DOE will consider whether to adopt such standards for the
DOE test procedure.
Additionally, during the development of the ENERGY STAR Cleaning
Performance Test Method, DOE had presented data and noted that the
``test method is reproducible as long as the unit under test operates
consistently.'' \40\ That is, cleaning performance was generally
reflective of the energy and water used by a soil-sensing dishwasher;
if the turbidity sensor of soil-sensing dishwashers triggered

[[Page 3257]]

different machine responses (i.e., it is inconsistent) resulting in
differing amounts of water or energy used for test cycles at a given
soil level, there would be larger associated variation in the cleaning
indices among these cycles.
---------------------------------------------------------------------------

\40\ ENERGY STAR[supreg] Residential Dishwasher Cleaning
Performance Draft 2 Test Method Stakeholder Webinar. October 16,
2012. Page 18. Available at <a href="http://www.energystar.gov/sites/default/files/specs//Draft%202%20Test%20Method%20Dishwasher%20Cleanability%20Webinar_0.pdf">www.energystar.gov/sites/default/files/specs//Draft%202%20Test%20Method%20Dishwasher%20Cleanability%20Webinar_0.pdf</a>
.
---------------------------------------------------------------------------

DOE notes that AHAM's comment did not specify key information that
would help DOE evaluate AHAM's claims. For instance, with regard to the
2018 round-robin test data that AHAM provided as the basis for its
conclusion that the cleaning performance test demonstrates significant
variability in test results, AHAM did not specify which test method and
cycle type was selected for testing. Section 5.2 of ANSI/AHAM DW-1-2010
specifies ten soiled place settings, while section 5.2 of AHAM DW-1-
2019 and AHAM DW-2-2020 specify eight soiled place settings. Using
either test method, the number of soiled place settings is higher
compared to the DOE test procedure which requires a maximum of four
(out of eight) soiled place settings for the heavy soil load. The
medium and light soil loads have two and one soiled place setting,
respectively. It is important to know the number of soiled place
settings because DOE has observed that variation in the cleaning index
increases as the number of soiled place settings increase. Figure III-1
shows the average standard deviation of the cleaning index at the
heavy, medium, and light soil loads (depicted as four, two, and one
soiled place setting, respectively) for the repeatability and
reproducibility testing that DOE conducted on non-soil-sensing
dishwashers during development of the ENERGY STAR Cleaning Performance
Test Method. The figure also shows the standard deviation reported by
AHAM as part of its round robin testing on non-soil-sensing
dishwashers; for the purposes of this graph, DOE assumed that AHAM
soiled eight place settings during round robin testing. As seen in the
graph, the average standard deviation of the cleaning index tends to
increase as the number of soiled place settings increase, which
indicates that the expected standard deviation for the soils specified
in the DOE test procedure would be significantly smaller than the 7.7
points indicated by AHAM.
[GRAPHIC] [TIFF OMITTED] TR18JA23.006

Figure III-1 Average Standard Deviation of the Cleaning Index at
Different Soil Loads, Represented by the Number of Soiled Place
Settings.

DOE also evaluated AHAM's 2013 round robin data discussed in AHAM's
late comment. (See AHAM, No. 26 at p. 2) DOE notes that the test
procedure in this final rule specifies additional test setup and
instrumentation requirements compared to the ENERGY STAR Cleaning
Performance Test Method (which was the basis for AHAM's 2013 round
robin) to limit variability. These include specifying a relative
humidity requirement along with relative humidity measuring device
requirement; explicitly stating the target temperature at which the
test should be conducted; specifying a new detergent dosing
methodology, which is based on number of place settings rather than
prewash and main wash fill water volumes, and hence, less prone to the
uncertainty associated with differentiating the prewash and main wash
cycles; and, specifying that cleaning indices must be calculated
without scoring for spots, streaks, and rack contact marks on glassware
given that rinse aid is not used during the test.
DOE acknowledges that while AHAM's 2013 round robin data shows that
the standard deviation for a soil-sensing unit was as high as 6.8, the
average within-laboratory (i.e., repeatability) cleaning index standard
deviation was 2.05, while the average between-laboratories (i.e.,
reproducibility) cleaning index standard deviation was 3.35. For some
of the tests with high within-laboratory variation (including the unit
that had the highest standard deviation of 6.8), DOE observed that the
energy or water use were different between two tests at the same
laboratory, which also impacted the cleaning indices. That is, if a
unit's soil-sensors trigger a different response to the soil load,
which changes the energy or water use at the same soil load, then the
cleaning index varies accordingly. DOE also observed that for all but
one test laboratory, the average difference in cleaning indices between
two technicians for the same test was 1.24. These results indicate that
repeatable and reproducible results for cleaning performance are
already achievable with currently experienced laboratory technicians as
long as the sensor response of test units is consistent. As discussed,
the additional test procedure requirements incorporated in this final
rule would further limit variability in testing.
AHAM commented that variation in the proposed performance metric
can only be reduced to a certain point due

[[Page 3258]]

to potential human error (i.e., a human soils and scores the test load,
which would make the result inherently subjective). AHAM asserted that
while technician training can help reduce variation, the training would
be burdensome to conduct and may not sufficiently reduce variation,
especially lab-to-lab. (AHAM, No. 17 at p.10) AHAM commented that it is
focused on reproducibility because of the consequences for units that
may pass in one laboratory and fail in another, which could lead to
non-compliance and costly fines. (Id.) Similarly, Whirlpool contends
that the unreasonable variation is due to the human factor of the test.
(Whirlpool, No. 16 at p. 8) During the October 2022 ex parte meeting,
AHAM recommended that DOE, together with AHAM and other stakeholders as
DOE deems appropriate or necessary, develop a process to qualify
laboratories to conduct the DOE test procedure. AHAM stated that a
process for qualifying laboratories and technicians, would help
accomplish the goal that technicians are trained and skilled and
laboratories, including manufacturer laboratories, have a common
understanding for scoring. AHAM stated that it has a process for
qualifying laboratories as part of its air cleaner certification
program, which has been successful in reducing variation, which could
be used as a starting point. (AHAM, No. 27 at pp. 3-4) As it has for
other newly adopted test procedures (e.g., the conventional cooking
tops test procedure), DOE considers individual requests for assisting
testing laboratories in gaining familiarity with test conduct. DOE also
notes that many manufacturers have already gained experience with
soiling and scoring test loads through participation in the ENERGY STAR
Most Efficient dishwashers program, which includes a reporting
requirement for cleaning performance.
AHAM commented that the cleaning performance test is subject to
high variation and that verification and enforcement would be virtually
impossible. (AHAM, No. 17 at p. 13) AHAM commented that if DOE
continues with the proposal to include a cleaning performance test
method, it should allow for a wide tolerance of scores to address the
subjectivity and lack of reproducibility of the test. (Id.) AHAM
commented that due to the high variation in the cleaning performance
test, it would be virtually impossible to conduct enforcement of
cleaning scores and it is likely that there would be false findings of
both compliance and non-compliance with DOE's proposed cleaning
performance requirements. (AHAM, No. 26 at p. 4) During the October
2022 ex parte meeting, AHAM proposed that DOE's enforcement policy
should be similar to other products such as refrigerator/freezers.
Specifically, AHAM commented that if DOE's test results are within 14
percent of the proposed cleaning index threshold of 65, DOE will use
the normal cycle for the assessment/enforcement test. Otherwise, if the
tested score is not within that range, DOE would follow the test's
requirements for when the score of 65 is not achieved. AHAM stated that
its proposal is based on the data it provided in the comments in
response to the December 2021 NOPR, wherein AHAM stated that the
standard deviation can be as high as 7 and the 14 percent tolerance
represents a 95-percent confidence interval defined by two times the
standard deviation. (AHAM, No. 27 at p. 3) Samsung also stated that
there was precedent for a minimum performance threshold requirement for
test validity, citing the threshold dryness level for automatic
termination of clothes dryers as a condition for a test cycle to be
valid. (Id.) Further, Samsung stated that it believes that DOE has the
authority to require that valid energy tests must reflect at least a
minimum functionality and cleaning performance under EPCA to ensure
representativeness of the test cycle. (Id.)
DOE notes that its specified cleaning index threshold does not
include any additional tolerance because the specified value represents
a minimum threshold that DOE's analysis has indicated is indicative of
a consumer-accepted level of cleaning performance. This approach is
also consistent with the test procedure for clothes dryers tested
according to appendix D2, which specifies a threshold dryness level for
automatic cycle termination as a condition for a valid test cycle.
Section 3.3.2 of 10 CFR appendix D2 to subpart B of part 430.
Regarding AHAM's reference to enforcement provisions for
refrigerators and freezers, DOE notes that those provisions specify
tolerances to determine the validity of certified refrigerated volumes
based on the average of individual test measurements. 10 CFR
429.134(b). Refrigerated volume is the basis for determining the
product class and corresponding energy conservation standard for a
given basic model of refrigerator, refrigerator-freezer, or freezer.
Thus, the refrigerated volume measurement and its associated tolerance
is not analogous to the cleaning index threshold established by this
final rule for dishwashers.
GEA commented that any DOE test procedure must statutorily be
repeatable and reproducible per 42 U.S.C. 6293(b)(3) in EPCA and any
test procedure that fails to satisfy these two fundamental engineering
principles cannot be said to produce test results that actually measure
energy use as required by EPCA. (GEA, No. 20 at p. 2) GEA commented
that DOE had not demonstrated that the cleaning performance test method
meets EPCA's requirements. GEA contends that DOE admitted in the public
meeting that it lacks any data on the reproducibility of the proposed
cleaning metric. GEA stated that data provided by AHAM and its members
demonstrated poor reproducibility results for the test procedure. (Id.)
GEA commented that the lack of data regarding repeatability and
reproducibility undermined the credibility and effectiveness of any
enforcement action DOE may take. GEA suggested that if DOE attempts to
assert a penalty for a product that is alleged to have failed to
complete a valid test as a result of the cleaning performance metric,
the validity of the test procedure and the validity of the cleaning
performance evaluation will be challenged. (Id.) Relatedly, Whirlpool
reiterated that it is not acceptable for DOE to verify and enforce a
requirement with such extreme variation, especially when there could be
a large monetary penalty for noncompliance for individual
manufacturers. Whirlpool also noted that the proposal to include the
cleaning performance test and cleaning index threshold would cause an
enormous disruption to the marketplace. (Whirlpool, No. 16 at pp. 9-10)
GEA commented that AHAM DW-2-2020 was not designed for and is not
appropriate to be used as a test procedure for a regulatory enforcement
program. GEA stated that even if AHAM DW-2-2020 was fully incorporated
into the DOE test procedure, GEA would oppose the incorporation because
the test was not designed for and does not provide the low level of
variability which is required for a test used in a regulatory
enforcement program. Further, GEA explained that AHAM DW-2-2020 does
not contain a prescriptive threshold. (GEA, No. 20 at p. 3) Whirlpool
claimed that DOE lacked the adequate justification necessary to make
cleaning performance a mandatory regulatory performance requirement and
that the proposal contained unsolved repeatability and reproducibility
issues. (Whirlpool, No. 16 at p. 3)

[[Page 3259]]

As mentioned previously in this document, DOE's analysis indicates
that repeatable and reproducible results for cleaning performance are
achievable as long as the sensor response of test units is consistent.
Additionally, the amendments to appendix C1, which are also specified
in the new appendix C2, are intended to further limit variability in
testing. Further, to mitigate the potential impact to the marketplace,
DOE is specifying cleaning performance requirements only in the new
appendix C2, which would go into effect only when compliance is
required with any amended standards.
AHAM commented that DOE's proposed metric ignored all performance
aspects other than cleaning performance and that DOE did not appear to
have made an effort to determine the consumer relevance of the other
performance attributes that may be impacted. (AHAM, No. 17 at p. 5)
AHAM also commented that DOE had not addressed how grease and detergent
buildup over time may impact the proposed minimum cleaning index
threshold. (AHAM, No. 17 at p. 6; AHAM, Public Meeting Transcript, No.
22 at p. 30) AHAM commented that DOE's proposed cleaning performance
test focuses only on whether or not the soils are removed from the
dishware and not redeposited. AHAM reiterated its earlier comment that
the cleaning performance test does not address grease or detergent
buildup over time, stating that this is a significant issue when
consumers pre-rinse because the detergent has less to attach itself to
and, as a result, there is more soil left on the dishes when the cycle
ends. (AHAM, No. 26 at p. 5)
DOE agrees with AHAM that the test procedure proposed in the
December 2021 NOPR evaluates the cleaning index on the basis of soils
remaining on the test load items at the conclusion of the test cycle,
including particles that are redeposited as well as those that are not
removed in the first place. Regarding AHAM's concern that the test
procedure does not account for grease buildup over time, DOE notes that
the cleaning index threshold was determined based on analysis of
consumer usage of dishwashers over time, and thus already factors in
the presence of grease buildup in determining a consumer-accepted level
of cleaning performance.
Accordingly, consistent with the December 2021 NOPR, DOE is
finalizing in the new appendix C2 its proposal to test, score, and
calculate a cleaning index to validate the tested dishwasher cycle
type. DOE is referencing AHAM DW-2-2020 for the lighting requirements,
scoring method, and equation for calculating a cleaning index for each
test cycle.
3. Cleaning Index Threshold Value
In the December 2021 NOPR, DOE proposed to provide direction in the
test procedure as to what constitutes whether a cycle type under test
can completely wash a full load of normally soiled dishes by
establishing a

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