[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64198-64200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-81207]
[[Page 64198]]
DEPARTMENT OF ENERGY (DOE)
Statement of Regulatory and Deregulatory Priorities
The Department of Energy (Department or DOE) makes vital contributions
to the Nation's welfare through its activities focused on improving
national security, energy supply, energy efficiency, environmental
remediation, and energy research. The Department's mission is to:
Promote dependable, affordable and environmentally sound
production and distribution of energy;
Advance energy efficiency and conservation;
Provide responsible stewardship of the Nation's nuclear
weapons;
Provide a responsible resolution to the environmental legacy
of nuclear weapons production;
Strengthen U.S. scientific discovery, economic
competitiveness, and improving quality of life through innovations in
science and technology.
The Department's regulatory activities are essential to achieving its
critical mission and to implementing major initiatives of the
President's National Energy Policy. Among other things, the Regulatory
Plan and the Unified Agenda contain the rulemakings the Department will
be engaged in during the coming year to fulfill the Department's
commitment to meeting deadlines for issuance of energy conservation
standards and related test procedures. The Regulatory Plan and Unified
Agenda also reflect the Department's continuing commitment to cut
costs, reduce regulatory burden, and increase responsiveness to the
public.
Energy Efficiency Program for Consumer Products and Commercial
Equipment
The Energy Policy and Conservation Act (EPCA) requires DOE to set
appliance efficiency standards at levels that achieve the maximum
improvement in energy efficiency that is technologically feasible and
economically justified. The standards already issued in 2009 have a net
benefit to the nation of up to $84 billion over 30 years. By 2042,
these standards will have saved enough energy to operate all U.S. homes
for over two years.
On February 5, 2009, the President issued a memorandum noting that the
Department is subject to a consent decree as a result of litigation in
which 14 States and various other entities brought suit alleging that
the Department had failed to comply with deadlines and other
requirements in the EPCA. The President noted further that the
Department remained subject to outstanding deadlines with respect to 15
of the 22 product categories covered by the consent decree, as well as
statutory deadlines for a number of additional product categories. As a
result, the President requested that the Department take all necessary
steps, consistent with the consent decree and applicable law, to
finalize legally required efficiency standards as expeditiously as
possible and consistent with all applicable judicial and statutory
deadlines. Most immediate were the five energy efficiency rules with
deadlines prior to and including August 8, 2009; with respect to
standards subject to judicial and statutory deadlines later than August
8, 2009, the President requested that the Department work to complete
prior to the applicable deadline those standards that will result in
the greatest energy savings.
On August 5, 2009, DOE issued a final rule establishing energy
conservation standards for bottled or canned beverage vending machines.
Issuance of this rulemaking marked the completion, either on or prior
to the required deadline, of the five energy efficiency rules with
legal deadlines prior to and including August 8, 2009, as set forth in
the President's February 2009 memorandum.
In response to the President's request regarding rulemakings with
deadlines later than August 8, 2009, the Department continues to follow
its schedule for setting new appliance efficiency standards. These
rulemakings are expected to save American consumers billions of dollars
in energy costs. The five-year plan to implement the schedule outlines
how DOE will address the appliance standards rulemaking backlog and
meet the statutory requirements established in EPCA and the Energy
Policy Act of 2005 (EPACT 2005). The five-year plan, which was
developed considering the public comments received on the appliance
standards program, provides for the issuance of one rulemaking for each
of the 20 products in the backlog. The plan also provides for setting
appliance standards for products required under EPACT 2005.
The overall plan for implementing the schedule is contained in the
Report to Congress under section 141 of EPACT 2005 that was released on
January 31, 2006. This plan was last updated in the August 2009 report
to Congress and now includes the requirements of the Energy
Independence and Security Act of 2007 (EISA 2007). The reports to
Congress are posted at: http://www.eere.energy.gov/buildings/
appliance_standards/ schedule_setting.html.
The August 2009 report identifies all products for which DOE has
complied with or missed the deadlines established in EPCA (42 U.S.C.
Sec. 6291 et seq.). It also describes the reasons for such delays and
the Department's plan for expeditiously prescribing new or amended
standards. Information and timetables concerning these actions can also
be found in the Department's Regulatory Agenda, which is posted online
at: www.reginfo.gov.
Estimate of Combined Aggregate Costs and Benefits
The regulatory actions included in this Regulatory Plan for small
electric motors and commercial clothes washers provide significant
benefits to the Nation. DOE believes that the benefits to the Nation of
the proposed energy standards for small electric motors (energy
savings, consumer average life-cycle cost savings, national net present
value increase, and emission reductions) outweigh the costs (loss of
industry net present value and life-cycle cost increases for some
consumers). DOE estimates that these regulations will produce an energy
savings for polyphase motors between 0.08 quads (seven-percent discount
rate) and 0.17 quads (three-percent discount rate) over thirty years
and an energy savings for capacitor-start motors between 0.51 quads
(seven-percent discount rate) and 1.11 quads (three-percent discount
rate) over thirty years. The benefit to the Nation for polyphase motors
will be between $60 million (seven-percent discount rate) and $560
million (three-percent discount rate). The benefit to the Nation for
capacitor-start motors will be between $1.47 billion (seven-percent
discount rate) and $13.59 billion (three-percent discount rate).
DOE believes that the benefits to the Nation of the proposed energy
standards for commercial clothes washers (energy and water savings,
consumer average life-cycle cost savings, national net present value
increase, and emission reductions) also outweigh the costs (loss of
industry net present value and life-cycle cost increases for some
consumers). DOE estimates that these regulations will produce an energy
savings up to 0.15 quads over thirty years and national water savings
up to
[[Page 64199]]
190 billion gallons of water consumption over thirty years. The benefit
to the Nation will be between $500 million (seven-percent discount
rate) and $1.2 billion (three-percent discount rate).
_______________________________________________________________________
DOE--Energy Efficiency and Renewable Energy (EE)
-----------
PROPOSED RULE STAGE
-----------
40. ENERGY CONSERVATION STANDARDS FOR SMALL ELECTRIC MOTORS
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
42 USC 6291 to 6309; 41 USC 6311 to 6317
CFR Citation:
10 CFR 431
Legal Deadline:
Final, Judicial, February 28, 2010, Consent Decree.
Abstract:
The Energy Policy Act of 1992 amended the Energy Policy and
Conservation Act to provide that the Secretary of Energy prescribe
testing requirements and energy conservation standards for those small
electric motors for which the Secretary determines that standards would
be technologically feasible and economically justified, and would
result in significant energy savings. As a result of DOE's analysis, on
July 10, 2006 (71 FR 38799), the Secretary made such a determination
for small electric motors. This rulemaking will determine whether it is
appropriate to establish energy conservation standards for small
electric motors.
Statement of Need:
The Energy Policy and Conservation Act requires minimum energy
efficiency standards for appliances, which has the effect of
eliminating inefficient appliances and equipment from the market.
Summary of Legal Basis:
Title III of EPCA sets forth a variety of provisions designed to
improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)
provides for the Energy Conservation Program for Consumer Products
Other Than Automobiles. Part A-1 of Title III (42 U.S.C. 6311--6317)
establishes a similar program for certain types of commercial and
industrial equipment, which includes small electric motors. Currently,
no mandatory Federal energy conservation standards apply to small
electric motors.
Alternatives:
The statute requires the Department to conduct rulemakings to review
standards and to revise standards to achieve the maximum improvement in
energy efficiency that the Secretary determines is technologically
feasible and economically justified. In making this determination, the
Department conducts a thorough analysis of the alternative standard
levels, including the existing standard, based on the criteria
specified by the statute.
Anticipated Cost and Benefits:
DOE believes that the benefits to the Nation of the proposed energy
standards for small electric motors (energy savings, consumer average
life-cycle cost (LCC) savings, national net present value (NPV)
increase, and emission reductions) outweigh the burdens (loss of INPV
and LCC increases for some small electric motor users). DOE estimates
that energy savings from electricity will be between 0.59 quads and
1.23 quads over 30 years and the benefit to the Nation will be between
$1.53 billion and $14.15 billion.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Notice: Public Meeting,
Framework Document
Availability 08/10/07 72 FR 44990
Notice: Public Meeting,
Data Availability 12/30/08 73 FR 79723
NPRM 12/00/09
Final Action 02/00/10
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Local, State
Additional Information:
Comments pertaining to this rule may be submitted electronically to
small--electric --motors--std.rulemaking @ee.doe.gov.
URL For More Information:
www1.eere.energy.gov/buildings/appliance--standards/commercial/small--
electric--motors.html
URL For Public Comments:
www.regulations.gov
Agency Contact:
James Raba
Office of Building Technologies Program, EE-2J
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-8654
Email: jim.raba@ee.doe.gov
Related RIN: Related to 1904-AB71
RIN: 1904-AB70
_______________________________________________________________________
DOE--EE
-----------
FINAL RULE STAGE
-----------
41. ENERGY EFFICIENCY STANDARDS FOR COMMERCIAL CLOTHES WASHERS
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
42 USC 6313(e)(2)(A)
CFR Citation:
10 CFR 431
Legal Deadline:
Final, Statutory, January 1, 2010.
Abstract:
The Energy Policy and Conservation Act (EPCA) requires DOE to determine
whether the existing standards for commercial clothes washers should be
amended. Commercial clothes washers were previously included in a
rulemaking with residential electric and gas ranges and ovens and
Microwave ovens. On October 17, 2008, DOE published a NPRM for these
products (73 FR 62034). Commenters subsequently alleged certain data
problems affecting DOE's rulemaking analyses. DOE's preliminary
assessment suggested that these concerns might be valid, thereby
necessitating additional, supplemental rulemaking analyses. DOE is
separating the commercial clothes washers energy conservation standard
from the cooking products rulemaking and plans to issue
[[Page 64200]]
standards for commercial clothes washers by the statutory deadline.
Statement of Need:
EPCA requires minimum energy efficiency standards for appliances, which
has the effect of eliminating inefficient appliances and equipment from
the market.
Summary of Legal Basis:
Title III of EPCA sets forth a variety of provisions designed to
improve energy efficiency. Part A-1 of Title III (42 U.S.C. 6311--6317)
establishes an energy conservation program for a variety of commercial
and industrial equipment including commercial clothes washers. (42
U.S.C. 6312; 6313(e)) EPCA sets both energy and water efficiency
standards for commercial clothes washers, and authorizes DOE to amend
both. (42 U.S.C. 6313(e)) Section 136(a) and (e) of the Energy Policy
Act of 2005 (EPACT 2005) added commercial clothes washers as equipment
covered under EPCA and established standards for such equipment that is
manufactured on or after January 1, 2007. (42 U.S.C. 6311(1) and
6313(e)) These amendments to EPCA also require that DOE issue a final
rule by January 1, 2010, to determine whether these standards should be
amended. (EPACT 2005, section 136(e); 42 U.S.C. 6313(e)) If amended
standards are justified, they would become effective no later than
January, 2013.
Alternatives:
The statute requires the Department to conduct rulemakings to review
standards and to revise standards to achieve the maximum improvement in
energy efficiency that the Secretary determines is technologically
feasible and economically justified. In making this determination, the
Department conducts a thorough analysis of the alternative standard
levels, including the existing standard, based on the criteria
specified by statute.
Anticipated Cost and Benefits:
DOE believes that the benefits to the Nation of the proposed energy
standards for commercial clothes washers (energy and water savings,
consumer average life-cycle cost (LCC) savings, national net present
value (NPV) increase, and emissions reductions) outweigh the costs
(loss of INPV and LCC increases for some consumers). DOE estimates that
energy savings from electricity and natural gas will be up to 0.15
quads over 30 years and the national water savings will range up to 190
billion gallons over 30 years. The benefit to the Nation will be
between $500 million and $1.2 billion.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 10/17/08 73 FR 62033
NPRM Comment Period End 12/16/08
Supplemental NPRM 11/09/09 74 FR 57738
Supplemental NPRM Comment
Period End 12/09/09
Final Action 01/00/10
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Undetermined
URL For More Information:
www1.eere.gov/buildings/appliance--standards/commercial/clothes--
washers.html
URL For Public Comments:
http://www.regulations.gov/
Agency Contact:
Stephen Witkowski
Office of Building Technologies Program, EE-2J
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-7463
Email: stephen.witkowski@ee.doe.gov
Related RIN: Split from 1904-AB49
RIN: 1904-AB93
BILLING CODE 6450-01-S
