[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Notices]
[Pages 17292-17296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9566]



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DEPARTMENT OF ENERGY
[Docket No. EE-RM-6450-01-P]


Energy Conservation Program for Consumer Products: Energy 
Efficiency and Information for Office Equipment; Notice of 
Determination

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Notice of preliminary determination.

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SUMMARY: The purpose of this notice is to set forth DOE's preliminary 
determination as to whether a voluntary national testing and 
information program being developed for commercial office equipment 
will be consistent with the objectives of Section 125 of the Energy 
Policy Act of 1992.

FOR FURTHER INFORMATION CONTACT:

Anthony T. Balducci, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Forrestal Building, Mail Station EE-
431, 1000 Independence Avenue SW., Washington, D.C. 20585-0121, (202) 
586-8459
Edward Levy, U.S. Department of Energy, Office of General Counsel, 
Forrestal Building, Mail Station GC-72, 1000 Independence Avenue SW., 
Washington, D.C. 20585-0103, (202) 586-2928

SUPPLEMENTARY INFORMATION:

I. Introduction
    A. Authority
    B. Background
II. General Discussion
III. Department's Determination

[[Page 17293]]

I. Introduction

A. Authority

    Section 125 of the Energy Policy Act of 1992 (EPAct), Public Law 
102-486, requires that the Department of Energy, after consulting with 
the Computer and Business Equipment Manufacturers Association (CBEMA) 
and other interested organizations, provide financial and technical 
assistance to support a voluntary national testing and information 
program for those types of commercial office equipment that are widely 
used and for which there is a potential for significant energy savings 
as a result of such program. The EPAct directs that such voluntary 
program ``shall be developed by an appropriate organization (composed 
of interested parties) according to commonly accepted procedures for 
the development of national testing procedures and labeling programs.'' 
EPAct, Section 125(a)(3). The voluntary program shall: ``(A) determine 
the commercial office equipment to be covered; (B) include 
specifications for testing procedures that will enable purchasers of 
such commercial office equipment to make more informed decisions about 
energy efficiency and costs of alternative products; and (C) include 
information, which may be disseminated through catalogs, trade 
publications, labels, or other mechanisms, that will allow consumers to 
assess the energy consumption and potential cost savings of alternative 
products.'' EPAct, Section 125(a)(2).
    EPAct also requires that the Department monitor and evaluate the 
efforts to develop the program, and make a determination, not later 
than three years after enactment, as to whether such program is 
consistent with the objectives of the legislation. EPAct, Section 
125(b). If the program does not meet the objectives, then the 
Department is required, after consultation with the National Institute 
of Standards and Technology, to develop test procedures and prescribe 
labeling rules for commercial office equipment. EPAct, Section 
125(c)(1-2).

B. Background

    Since the passage of EPAct, the Department of Energy has monitored 
the efforts of the commercial office equipment industry to develop a 
testing and information program through the Council on Office Products 
Energy Efficiency (COPEE), a membership organization composed of office 
equipment manufacturers, with an advisory group representing 
environmental organizations, designers, national laboratories, state 
and Federal agencies, and office equipment professionals. COPEE was set 
up by The Information Technology Industries Council (ITI, formerly 
CBEMA).
    In the initial phase of the program development, COPEE identified 
five types of office equipment that are widely used and offer 
significant potential for energy savings. The types of commercial 
office equipment to be included in the program are: (1) Micro 
computers; (2) Page printers (ink jet and laser); (3) Low-speed, plain 
paper copiers (1-24 copies per minute); (4) Medium-speed, plain paper 
copiers (25-39 copies per minute); and (5) Facsimile equipment. 
Category (1) also includes computer monitors, whether sold separately 
or with a micro computer system. COPEE set up five subcommittees to 
develop energy testing methods for the types of equipment mentioned 
above and a subcommittee to conduct a market study to assess buyers' 
present understanding of energy use by office equipment and develop an 
information program. DOE contracted with the Massachusetts Institute of 
Technology (MIT) to assist COPEE in the development of the test 
procedures. The test procedures for each of the products were drafted 
and revised through an iterative process.
    On May 26, 1994, DOE held a public meeting, at which interested 
persons were invited to offer suggestions concerning methods of 
evaluating the voluntary program, and to provide updates on the 
progress of the voluntary program. A transcript of the meeting was made 
available to the public, and subsequent comments were invited through 
June 15, 1994. Workshop comments centered on the need for the 
verification of coverage of the program, data collection as to energy 
efficiency of office products, and the ability to evaluate whether the 
new energy efficiency information is reaching its target audiences. 
COPEE also provided a schedule for the program's development.
    In the subsequent months COPEE continued in the development of the 
test procedures for the five products. To assist in developing the 
information program, COPEE contracted with American Opinion Research, 
Inc. to conduct quantitative and qualitative research of office 
equipment decision makers. Only those people having a significant role 
in the decision of which types of electronic equipment to purchase in 
their companies were surveyed. The study was conducted primarily to 
determine: (1) The interest in purchasing electronic office equipment 
which is more energy efficient; (2) the factors most important in the 
decision to buy office equipment; (3) the importance of energy 
efficient office equipment; (4) the messages that are most effective in 
``convincing'' decision makers to buy or recommend energy efficient 
equipment; (5) the means through which decision makers prefer to 
receive those messages. The research was completed and presented to 
COPEE in November 1994. The results indicated that a significant number 
of respondents would purchase energy efficient office equipment over 
other types of equipment, provided that there was neither an increase 
in cost nor any loss of performance. The study also found that the 
information presented to buyers about energy efficient equipment should 
include the cost savings achieved through energy efficiency, should 
link energy conservation to the environment, and must be simple and 
easy to understand. The COPEE study also identified very low levels of 
buyer awareness (under 10 percent) of the Energy Star program and logo, 
which is described below.
    While developing the test procedures for the five products, COPEE 
pointed out the difficulty in developing test procedures for computers. 
The test procedures being developed would not provide buyers with 
simple and relevant information on the energy usage of the machines due 
to the multiple functions of the Central Processing Unit and the 
various configurations and designs of the computers to be tested for 
energy consumption. The subcommittee also identified problems with 
replicating and verifying the energy usage during the active or working 
mode. The subcommittee recommended to COPEE that test procedures for 
computers only address the stand-by or ``sleep'' mode, using the Energy 
Star program methods. In subsequent meetings, COPEE proposed separate 
test procedures for computers and monitors. Efforts were focused on 
completing the test procedures for monitors, printers, both types of 
copiers, and facsimile equipment and developing an information 
dissemination plan. The test procedures for these four products have 
developed at different paces. The only test procedure that has been 
finalized is for copiers, which updates an energy test method first 
issued by the American Society for Testing and Materials (ASTM) in 
1982. ASTM has published this revised test procedure and has designated 
it: F757-94, ``Standard Test Method for Determining Energy Consumption 
of Copier and Copier-Duplicating Equipment.''
    Based on progress as of early 1995, DOE developed evaluation 
criteria for the program, disseminated the draft

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criteria and held a public meeting on March 28, 1995, to discuss the 
evaluation criteria for the office equipment program. Comments were 
received through April 14, 1995. ITI urged at the public meeting and in 
its letter dated April 14, 1995, that the Department of Energy should 
make a determination that the Environmental Protection Agency's (EPA) 
Energy Star Program meets the requirements of Section 125 of EPAct, and 
that any additional voluntary program would be redundant. ITI states 
that the Energy Star Program is a voluntary Federal energy conservation 
program, and has been successfully applied to commercial office 
equipment.
    In 1992 EPA established a voluntary energy efficiency program for 
personal computers and monitors, called the Energy Star Computers 
Program. The program is a partnership effort between EPA and individual 
members of the information technology industry to promote the 
manufacturing and marketing of energy-efficient equipment. The program 
was expanded in 1993 to include printers, in 1994 to include facsimile 
machines and, in 1995 to include copiers.
    Currently, there are over 400 manufacturers of computers, monitors, 
printers, facsimile machines, copiers and controlling devices (hardware 
or software that enable the equipment to enter a sleep mode) 
participating in the program and producing over 2,000 Energy Star 
compliant products. In April 1993, President Clinton signed Executive 
Order 12845 requiring all Federal agencies to purchase Energy Star 
computers, monitors, and printers where commercially available.
    Memoranda of Understanding (MOUs) are signed between the EPA and 
manufacturers of office equipment. These firms are referred to as 
``partners'' in the Energy Star Program. Each MOU specifies the 
partner's responsibilities, the product qualification requirements, and 
the EPA's responsibilities.
    The EPA establishes a power threshold for each product type, 
computers, monitors, printers, facsimile machines and copiers. Products 
qualify for the program if they ``sleep'' at or below their 
corresponding threshold level. For example, Energy Star monitors that 
use 30 watts or less in the ``sleep'' mode qualify. Additionally, 
equipment qualifies if it maintains a level of power consumption at or 
below the threshold when in the active mode. For example, monitors that 
operate at or below 30 watts qualify. In the case of copiers another 
energy-saving feature (default duplexing--routine production of two 
sided rather than one sided copies--for certain sizes) is also required 
to qualify for the program.
    EPA has developed an Energy Star Logo to help identify Energy Star 
equipment. The logo may be used as a product label to designate 
specific models of equipment that qualify for the program. Partners 
shall consider placing the Energy Star logo on all qualifying products, 
as well as on their associated shipping cartons, brochures, data sheets 
and advertisements.
    In addition to setting power thresholds, EPA also provides testing 
protocols that should be followed when measuring power in the ``sleep'' 
mode for the Energy Star Products. The Energy Star Program does not 
provide testing procedures for measuring power consumption in the 
active mode.
    Additionally, the program accepts test data and other product data, 
including ``sleep'' mode values on products that qualify. The data is 
then compiled in an Energy Star Compliant Product Database. The 
database is available to interested parties in two versions. The first 
is a complete version that contains the full product description and 
other information such as power consumption in the ``sleep'' mode, 
network compatibility and monitor control protocol. This version is 
available from the EPA as a hard copy or on disk. The second version is 
an abbreviated version that contains a listing of compliant products by 
type and by manufacturer without further product description. This 
version is available from EPA by facsimile. Additionally, both versions 
of the database are available on the World Wide Web.
    Energy Star partners agree to introduce Energy Star compliant 
equipment, perform tests to determine if products comply with the EPA 
specifications, and provide general information to users/purchasers 
regarding the Energy Star features of the equipment. This information 
might include a description of the Energy Star program, a discussion of 
the savings associated with using power-management features, and the 
method for changing the time before the equipment goes into a ``sleep'' 
mode. Partners may determine the best manner through which to 
disseminate this general information to users. Energy Star partners 
also agree to provide information about the Energy Star Program to all 
of its employees whose jobs are relevant to the development, marketing, 
sales, and service of Energy Star products. Since October 1995, 
computer partners have been required to ship their products with the 
energy savings features enabled. Printer, facsimile machine and copier 
manufacturers have been shipping their products enabled since the 
inception of their individual programs. The energy savings features can 
be disabled by the user.
    EPA commits, in the Energy Star MOUs, to encourage acceptance of 
products bearing the Energy Star logo, to promote energy efficient 
equipment and to inform consumers about the Energy Star Program by 
writing articles and/or cooperating with news media by sharing 
information. EPA also agrees to provide partners with recognition for 
public service in protecting the environment and to work with partners, 
independently or in conjunction with other partners, to coordinate the 
placement of advertisements to promote energy efficient equipment, and 
educate consumers about the program.
    The American Council for an Energy-Efficient Economy (ACEEE), 
through its written comments, dated April 17, 1995, stated that the EPA 
Energy Star program does not meet the requirements of Section 125 of 
EPAct. ACEEE argued that the EPA Energy Star program does not include 
```specifications for test procedures that will enable purchasers of 
such commercial office equipment to make more informed decisions about 
energy efficiency and costs of alternative products' and `information, 
which may be disseminated through catalogs, trade publications, labels, 
or other mechanisms, that will allow consumers to assess the energy 
consumption and potential cost savings of alternative products''' as 
required by EPAct.
    On September 26, 1995, ITI submitted a letter to the Department of 
Energy as a supplement to its April 14, 1995, letter. The letter 
encloses materials that cite the member companies' commitment to the 
Energy Star program as well as other voluntary efforts to disclose 
information about energy consumption to their customers. ITI also 
states in the letter, ``In addition to the enclosed documentation of 
the ongoing energy conservation efforts of computer manufacturers, 
individual member companies which manufacture other business equipment 
with significant peak power requirements will voluntarily undertake to 
provide energy consumption information along with sales literature that 
is given to institutional consumers.''

II. Discussion

    Since the enactment of the EPAct, DOE has consulted with ITI and 
other interested organizations, and provided financial and technical 
assistance to support a voluntary national testing and information 
program for commercial

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office equipment. DOE contracted with MIT and Lawrence Berkeley 
National Laboratory to help COPEE develop test procedures and 
information dissemination strategies. While the COPEE program was 
developing, the EPA Energy Star program was growing in participating 
partners and in covered products. The program has been expanded to 
include all of the products identified by COPEE to be included in its 
program. During the development of the testing procedures for office 
equipment, industry noted that the majority of the energy savings for 
office equipment could be achieved by having the products enter a 
``sleep'' mode. The Energy Star program provides manufacturers with 
testing conditions and protocols to be followed when measuring power in 
the ``sleep'' mode. The Energy Star Logo lets the consumer know that 
the particular office equipment product qualifies for the Energy Star 
Program. If the product qualifies for the program and the energy saving 
features are enabled, the product will consume less energy than a 
similar model that does not qualify for the program (based on average 
usage patterns).
    ITI commented in its letter dated April 14, 1995, that the 
Department of Energy ``should conclude that: (1) The Energy Star 
Program of the Environmental Protection Agency qualifies as a voluntary 
national energy efficiency testing and information program; (2) Efforts 
to develop an energy efficiency program, mandatory or voluntary, for 
commercial office equipment should be discontinued in light of the 
relatively insignificant energy savings as a result of such DOE program 
and the substantial energy savings achieved under the * * * Energy Star 
program; and (3) The Secretary of Energy, under Section 125(a) of 
EPAct, has sufficient authority to make such a determination.'' On 
January 5, 1996, ITI further commented ``that the program would be the 
Environmental Protection Agency's (EPA) Energy Star program, not an ITI 
program.''
    Additionally, COPEE's manufacturer members tested a sample of 
computers using the draft test procedures developed by the technical 
task groups. The results were then submitted to ITI. ITI reported that 
the testing of several manufacturers' products indicates that Non-
Energy Star computers cost between $16.43 and $9.86 to operate 
annually, averaging $13.52 total usage costs per year. When power 
management is properly enabled (excluding energy use of the monitor), 
Energy Star computers cost between $9.45 and $3.95 to operate annually, 
averaging $6.53 per year. ITI further concluded that the tests do not 
show significant potential for greater energy savings through a 
separate consumer information program.
    The American Council for an Energy-Efficient Economy (ACEEE), 
through its written comments, dated April 17, 1995, stated that the ITI 
proposal to adopt the EPA Energy Star program does not meet the 
requirements of Section 125 of EPAct. ACEEE indicated that it ``do[es] 
not believe that it is within the current scope of the EPA Energy Star 
program to develop robust testing procedures for office equipment as 
specified in Section 125.'' ACEEE also challenged ``the ITI notion that 
the energy use differences between Energy Star and Non-Energy Star 
equipment types are significant while the differences within these 
``categories' [are] insignificant.''
    ACEEE further disagreed with ITI's proposal that the EPA Energy 
Star program fulfills the requirements of Section 125(a) of EPAct for a 
voluntary information program for consumers on office equipment energy 
use. ACEEE commented that ``it is not clear from the ITI proposal that 
DOE could be assured of manufacturers' increased, sustained support of 
Energy Star which would, in our opinion, be required to have Energy 
Star fully meet the intent of this provision of Section 125.'' ACEEE 
also stated that ``the brevity of the EPA [testing] guidelines may make 
comparisons between various manufacturers energy use figures 
inaccurate.'' ACEEE opposed the proposal from ITI that DOE accept the 
Energy Star program as fulfilling the requirements of Section 125 of 
EPAct.
    ITI argues that industry, through Energy Star, is meeting the 
objectives of Section 125 of EPAct, and that there would be little 
additional benefit to either consumers or to the environment from a 
redundant program. ITI stated that consumers can rely on the Energy 
Star logo as a simple, easy-to-understand method of ensuring that they 
are purchasing energy efficient products.
    DOE has monitored the efforts and progress of the COPEE program and 
the Energy Star program. The two programs, although created for 
different reasons, have become very similar in nature and form.
    DOE acknowledges that although the Energy Star Program is not an 
``industry based'' program, the commercial office equipment industry 
appears to be actively supporting and participating in the program. The 
Energy Star test procedures recommended by EPA appear to be generally 
used by industry to determine if products qualify for the Energy Star 
Program and Logo. However, the Energy Star Program, although 
comprehensive, does not provide consumers with the ability to determine 
and compare the annual energy consumption and potential cost savings of 
competing products. DOE believes that this increases the need for 
manufacturers, EPA and DOE to educate consumers about the Energy Star 
program, the advantages of power management, and the use of the Energy 
Star Logo to distinguish Energy Star compliant products from non-Energy 
Star products. DOE also believes there is a need for continued 
commitment by industry to manufacture Energy Star products.

III. Department's Determination

    Based on the Department's evaluation of COPEE/ITI's efforts and the 
EPA Energy Star program, the Department believes that critical elements 
of a voluntary national testing and information program for commercial 
office equipment are operational or under development, and that the 
program can mature to a level consistent with the objectives of EPAct 
within three years. The critical elements now operational include the 
successful development and industry support of the EPA Energy Star 
program for computers, monitors, printers, facsimile machines and 
copiers, and the commitment by manufacturers to participate in the 
Energy Star Program and to voluntarily provide energy consumption 
information along with sales literature that is given to institutional 
consumers for monitors, printers, facsimile machines and copiers. As 
the program develops and matures, DOE expects that the current 
shortcomings of the program will be addressed by providing consumers 
with more information that enables comparison of the potential cost 
savings of alternative products; educating consumers about the program; 
and disseminating more broadly the information on ``sleep'' mode values 
gathered by the EPA. Ultimately, manufacturer participation in, and 
information dissemination associated with, the program need to be 
sufficient to ensure that a substantial majority of the purchasers of 
covered products have ready access to the types of information on 
energy use envisioned by Section 125 of EPAct.
    Because ITI and its member manufacturers appear generally committed 
to these objectives, the Department has made a provisional 
determination that a voluntary labeling and information program built 
upon the

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EPA Energy Star program for office equipment will likely meet the 
requirements of Section 125 of EPAct if it is fully developed and 
implemented. The Department will continue to monitor, evaluate and 
provide periodic assessments of the progress in developing the 
voluntary testing and labeling program for office equipment. DOE will 
also work with the industry and with EPA to encourage ongoing efforts 
to monitor energy use, savings, operating practices, and user 
satisfaction with energy-efficient office equipment in actual use.
    In order for the Department to evaluate progress in these areas, 
close collaboration among ITI, the Department and EPA should be 
maintained to facilitate exchange of information and program updates. 
No later than July 15, 1998, the Department must receive data and 
documentation on the achievements of industry efforts in this area, 
including information as to whether the above objectives have been met, 
so that DOE can make its final determination. The Department expects to 
make a final determination within three years.

    Issued in Washington, DC, April 11, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-9566 Filed 4-18-96; 8:45 am]
BILLING CODE 6450-01-P