[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Proposed Rules]
[Pages 63324-63353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21698]



[[Page 63323]]

Vol. 87

Tuesday,

No. 200

October 18, 2022

Part V





 Department of Energy





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10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Air Cleaners; Proposed 
Rule

  Federal Register / Vol. 87 , No. 200 / Tuesday, October 18, 2022 / 
Proposed Rules  

[[Page 63324]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2021-BT-TP-0036]
RIN 1904-AF26


Energy Conservation Program: Test Procedure for Air Cleaners

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to establish 
definitions, a test procedure, and sampling and representation 
requirements for air cleaners. Currently, air cleaners are not subject 
to DOE test procedures or energy conservation standards. DOE proposes a 
test procedure for measuring the integrated energy factor for air 
cleaners. The proposed test method references the relevant industry 
standard, with certain proposed modifications. DOE is seeking comment 
from interested parties on the proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than December 19, 2022. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on Wednesday, 
November 9, 2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov under docket 
number EERE-2021-BT-TP-0036. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2021-BT-TP-0036, by any of the 
following methods:
    Email: [email protected]. Include the docket number 
EERE-2021-BT-TP-0036 in the subject line of the message.
    Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts (if a 
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-TP-0036. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section V for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, 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) 287-1943. Email [email protected].
    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: 
[email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:  DOE proposes to incorporate by reference 
the following draft industry standards into 10 CFR part 430:
    AHAM AC-7-2022 Draft, ``Energy Test Method for Consumer Room Air 
Cleaners''.
    AHAM AC-7-2022 Draft is in draft form and its text was provided to 
DOE for the purposes of review only during the drafting of this notice 
of proposed rulemaking (``NOPR''). DOE intends to update the reference 
to the final published version of AHAM AC-7-2022 Draft in the test 
procedure final rule, should it publish prior to the final rule, unless 
there are substantive changes between the draft and published versions, 
in which case DOE may adopt the substance of the AHAM AC-7-2022 Draft 
or provide additional opportunity for comment on the changes to the 
industry consensus test procedure.
    A copy of AHAM AC-7-2022 Draft is included in the docket for this 
proposed rulemaking.
    AHAM AC-7-2022 Draft additionally references ANSI/AHAM AC-1-2020, 
``Method for Measuring Performance of Portable Household Electric Room 
Air Cleaners'' in several sections (``AHAM AC-1-2020'').
    A copy of AHAM AC-1-2020 can be obtained from the Association of 
Home Appliance Manufacturers (AHAM) at 1111 19th Street NW, Suite 402, 
Washington, DC 20036; or www.aham.org/AHAM/AuxStore.
    ASTM E741-11(2017), ``Standard Test Method for Determining Air 
Change in a Single Zone Means of a Tracer Gas Dilution'' Reapproved 
Sept. 1, 2017.
    A copy of ASTM E741-11(2017) can be obtained from ASTM 
International (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959, or www.astm.org.
    IEC 62301, ``Household electrical appliances--Measurement of 
standby power;'' Edition 2.0, 2011-01, (``IEC 62301 Ed. 2.0'').
    A copy of IEC 62301 Ed. 2.0 can be obtained from the International 
Electrotechnical Commission (IEC), available from the American National 
Standards Institute (ANSI), 25 W 43rd Street, 4th Floor, New York, NY 
10036, (212) 642-4900, or webstore.ansi.org.
    See section IV.M of this document for a further discussion of these 
standards.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    B. Industry Standards Incorporated by Reference
    1. AHAM AC-1 and AHAM AC-7 Industry Standards
    2. Other Industry Standards
    C. Definitions
    D. Test Conditions

[[Page 63325]]

    1. Electrical Supply
    2. Ambient Conditions
    3. Test Chamber Air Exchange Rate
    4. Test Chamber Particulate Matter Concentrations
    5. Test Unit Preparation
    6. Test Unit Placement for Testing
    7. Network Functionality
    E. Instrumentation
    F. Active Mode Testing
    1. Background on CADR
    2. Particulate Used for Testing and CADR Measurement
    3. Performance Mode for Testing
    4. Secondary Functions
    5. Power Measurement Procedure
    6. Pollen CADR
    7. Consumer Use Hours
    G. Standby Mode Testing
    H. Integrated Energy Factor Metric
    I. Representations
    J. Sampling Plan
    K. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    L. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    1. Description of Why Action Is Being Considered
    2. Objective of, and Legal Basis for, Rule
    3. Description and Estimate of Small Entities Regulated
    4. Description and Estimate of Compliance Requirements
    5. Duplication Overlap, and Conflict With Other Rules and 
Regulations
    6. Significant Alternatives to the Rule
    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. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    On July 15, 2022, DOE published a final determination (``July 2022 
Final Determination'') in which it determined that air cleaners qualify 
as a ``covered product'' under the Energy Policy and Conservation Act, 
as amended (``EPCA'').\1\ 87 FR 42297. DOE determined in the July 2022 
Final Determination that coverage of air cleaners is necessary or 
appropriate to carry out the purposes of EPCA, and that the average 
U.S. household energy use for air cleaners is likely to exceed 100 
kilowatt-hours (``kWh'') per year. Id. Currently, no energy 
conservation standards or test procedures are prescribed by DOE for air 
cleaners. The following sections discuss DOE's authority to establish 
test procedures for air cleaners and relevant background information 
regarding DOE's consideration of test procedures for this product.
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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.
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A. Authority

    EPCA, authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency for 
certain products, referred to as ``covered products.'' \3\ In addition 
to specifying a list of consumer products that are covered products, 
EPCA contains provisions that enable the Secretary of Energy to 
classify additional types of consumer products as covered products. To 
classify a consumer product as a covered product, the Secretary must 
determine that classifying the product as a covered product is 
necessary or appropriate to carry out the purposes of EPCA and the 
average annual per household \4\ energy use by products of such type is 
likely to exceed 100 kWh (or British thermal unit (``Btu'') equivalent) 
per year. (42 U.S.C. 6292(b)(1))
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ The enumerated list of covered products is at 42 U.S.C. 
6292(a)(1)-(19).
    \4\ DOE has defined ``household'' to mean an entity consisting 
of either an individual, a family, or a group of unrelated 
individuals, who reside in a particular housing unit. For the 
purpose of this definition: Group quarters means living quarters 
that are occupied by an institutional group of 10 or more unrelated 
persons, such as a nursing home, military barracks, halfway house, 
college dormitory, fraternity or sorority house, convent, shelter, 
jail or correctional institution. Housing unit means a house, an 
apartment, a group of rooms, or a single room occupied as separate 
living quarters, but does not include group quarters.
     Separate living quarters means living quarters: to which the 
occupants have access either: directly from outside of the building, 
or through a common hall that is accessible to other living quarters 
and that does not go through someone else's living quarters, and 
occupied by one or more persons who live and eat separately from 
occupant(s) of other living quarters, if any, in the same building. 
10 CFR 430.2.
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    As stated, DOE has determined that air cleaners are covered 
products. 87 FR 42297.
    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 Federal 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 pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making other representations about the efficiency of those 
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these 
test procedures to determine whether the products comply with 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 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 and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    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

[[Page 63326]]

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. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the IEC Standard 62301 \5\ 
and IEC Standard 62087 \6\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \5\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \6\ 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 NOPR consistent with its authority and these 
obligations.

B. Background

    DOE has not previously conducted a test procedure rulemaking for 
air cleaners. As stated, DOE determined in the July 2022 Final 
Determination that: coverage of air cleaners is necessary or 
appropriate to carry out the purposes of EPCA; the average U.S. 
household energy use for air cleaners is likely to exceed 100 kWh per 
year; and thus, air cleaners qualify as a ``covered product'' under 
EPCA. 87 FR 42297.
    On January 25, 2022, DOE published a request for information 
(``January 2022 RFI''), seeking comments on potential test procedure 
and energy conservation standards for air cleaners. 87 FR 3702. In the 
January 2022 RFI, DOE requested comments, data, and information 
regarding development and evaluation of a new air cleaners test 
procedure that would be reasonably designed to produce test results, 
which reflect energy use during a representative average use cycle for 
the product without being unduly burdensome to conduct.\7\ Id. This 
NOPR addresses the comments received in response to the January 2022 
RFI that pertain to the test procedure for air cleaners. DOE will 
address comments pertaining to the energy conservation standards for 
air cleaners in a separate standards rulemaking.
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    \7\ The January 2022 RFI also solicited information regarding 
the development and evaluation of potential new energy conservation 
standards for air cleaners, and whether such standards would result 
in significant energy savings, be technologically feasible and 
economically justified. 87 FR 3702.
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    DOE received comments in response to the January 2022 RFI from the 
interested parties listed in Table I.1.

           Table I.1--List of Commenters With Written Submissions in Response to the January 2022 RFI
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                                                                         Comment No. in
             Commenter(s)                   Reference in  this NOPR        the docket         Commenter type
----------------------------------------------------------------------------------------------------------------
American Council for an Energy-        Joint Commenters................               8  Efficiency
 Efficient Economy, Appliance                                                             Organizations and
 Standards Awareness Project,                                                             Trade Association.
 Association of Home Appliance
 Manufacturers, Consumer Federation
 of America, and Natural Resources
 Defense Council.
Air-Conditioning, Heating, &           AHRI............................              15  Trade Association.
 Refrigeration Institute.
Blueair IAQ..........................  Blueair.........................              11  Manufacturer.
Daikin U.S. Corporation..............  Daikin..........................              13  Manufacturer.
Electrolux Home Products Inc. North    Electrolux......................               6  Manufacturer.
 America.
Lennox International Inc.............  Lennox..........................               7  Manufacturer.
Madison Indoor Air Quality...........  MIAQ............................               5  Manufacturer.
Molekule, Inc........................  Molekule........................              12  Manufacturer.
Northwest Energy Efficiency Alliance.  NEEA............................              14  Efficiency
                                                                                          Organization.
Pacific Gas and Electric Company, San  CA IOUs.........................              10  Utility Association.
 Diego Gas and Electric, and Southern
 California Edison; collectively, the
 California Investor Owned Utilities.
Synexis LLC..........................  Synexis.........................               9  Manufacturer.
Trane Technologies...................  Trane...........................               3  Manufacturer.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\8\
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    \8\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for air cleaners. (Docket No. EERE-2021-BT-TP-0036, 
which is maintained at www.regulations.gov). The references are 
arranged as follows: (commenter name, comment docket ID number, page 
of that document).
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    On August 23, 2022, the Joint Commenters, New York State Energy 
Research and Development Authority, and Pacific Gas and Electric 
Company (hereafter referred to as ``Joint Stakeholders''), submitted a 
joint proposal recommending a test procedure and energy conservation 
standards for consumer room air cleaners. (Joint Stakeholders, No. 16 
at p. 1)

C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), DOE notes that it is deviating from the 
provision in appendix A that DOE will finalize coverage for a product/
equipment at least 180 days prior to publication of a proposed rule to 
establish a test procedure. 10 CFR part 430, subpart C, appendix A, 
section 5(c). DOE is opting to deviate from this provision because of

[[Page 63327]]

broad support for the development of test procedures and energy 
conservation standards, which is further evidenced by the Joint 
Proposal outlining negotiated energy conservation standards and related 
test procedures for consumer room air cleaners. The Joint Stakeholders 
urged DOE to publish final rules adopting consumer room air cleaner 
test procedure and standards as soon as possible but not later than 
December 31, 2022. (Joint Stakeholders, No. 16 at p.1) DOE is working 
to conduct this rulemaking in accordance with that timeline which would 
require DOE to publish this test procedure NOPR less than 180 days 
after publication of the July 2022 Final Determination.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to establish a new test procedure at 10 
CFR part 430, subpart B, appendix FF (``appendix FF'') for air cleaners 
that would include methods to (1) measure the performance of the 
covered product and (2) use the measured results to calculate an 
integrated energy factor (``IEF'') to represent the energy efficiency 
of an air cleaner.
    DOE's proposed test procedure for air cleaners includes 
measurements of smoke clean air delivery rate (``CADR'') and dust CADR, 
which are used to calculate PM2.5 \9\ CADR, and active mode 
and standby mode power consumption, which are used to calculate annual 
energy consumption (``AEC''). PM2.5 CADR and AEC are 
required to calculate IEF. DOE also proposes to include measurements of 
pollen CADR and calculation of effective room size for representation 
purposes. For consistent and uniform measurement of these values, DOE 
proposes to incorporate by reference the industry standards AHAM AC-7-
2022 Draft, AHAM AC-1-2020, and IEC 62301 Ed. 2.0. Specifically, DOE 
proposes to specify the following provisions from within the referenced 
industry standards:
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    \9\ PM2.5 refers to particulate matter that are 
nominally 2.5 micrometers in width or smaller.
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    (1) From AHAM AC-7-2022 Draft, the following items:
    (a) Definition of ``conventional room air cleaners'' in 10 CFR 
430.2, which would be used to specify the scope of the air cleaners 
test procedure in the proposed new appendix FF;
    (b) Definitions of terms that are relevant to the test procedure;
    (c) Test setup requirements for electrical supply and test chamber, 
which additionally include a reference to AHAM AC-1-2020;
    (d) Instrumentation requirements for power measuring instruments 
and temperature and relative humidity measuring devices;
    (e) Active mode and standby mode power measurements; the standby 
mode power measurement method additionally includes a reference to IEC 
62301 Ed. 2.0 for the test conduct; and
    (f) Calculations for PM2.5 CADR, AEC, and IEF.
    (2) From AHAM AC-1-2020, test methods for determining the pollen 
CADR, smoke CADR, and dust CADR, calculation of effective room size, 
and test chamber construction and equipment.
    This NOPR also proposes requirements regarding the sampling plan 
and representations for air cleaners at 10 CFR 429.67. DOE also 
proposes rounding requirements for the measured and calculated values 
of the air cleaners test procedure.
    If the proposed test procedure and associated provisions are final, 
manufacturers would not be required to test according to the DOE test 
procedure until such time as compliance is required with energy 
conservation standards for air cleaners, should DOE establish such 
standards. Were DOE to establish test procedures as proposed, 
manufacturers choosing to make voluntary representations would be 
required to test the subject air cleaner according to the established 
test procedure, and any such representations would have to fairly 
disclose the results of such testing.
    While discussion of DOE's proposed actions are addressed in detail 
in section III of this NOPR, DOE also received comments regarding the 
rulemaking process and timeline. These comments are summarized 
underneath.
    AHRI and MIAQ commented that unresolved issues regarding scope and 
applicability from the September 2021 NOPD, made it difficult for 
stakeholders to participate meaningfully in providing substantive 
technical comments necessary to determine whether a particular test 
procedure is feasible and the impact of energy conservation standards 
on these products. (AHRI, No. 15 at p. 2; MIAQ, No. 5 at p. 2) AHRI and 
MIAQ additionally commented that the shortened comment period of 30 
days from 75 days for the January 2022 RFI inhibited AHRI and MIAQ from 
investigating test laboratory capacity or capabilities. (AHRI, No. 15 
at pp. 2-3; MIAQ, No. 5 at p. 2) Electrolux inquired about whether 
DOE's timeframe for the air cleaners rulemakings was long-term (i.e., 
5-6 years) or near-term (i.e., 2-3 years). (Electrolux, No. 6 at p. 1) 
Electrolux further inquired if information from the air cleaner 
rulemakings would be incorporated into ongoing international standards 
discussions. (Id.)
    In the September 2021 NOPD, DOE proposed a definition for the term 
``air cleaner''. 86 FR 51629, 51632. At the time of the January 2022 
RFI, DOE had not made a final determination about whether to cover air 
cleaners as a covered product nor had it finalized a definition of the 
term. 87 FR 3702, 3707. As such, the focus of the test procedure 
portion of the January 2022 RFI was to seek feedback primarily on the 
AHAM AC-1-2020 test procedure, which is an industry-accepted standard 
for testing portable household electric room air cleaners, as well as 
on other industry, investigative, and international test methods, 
including those under development. 87 FR 3702, 3707-3708. Further, as 
it pertains to the timeline for this rulemaking and as discussed in 
section I.C of this document, the timeline of this rulemaking is 
accelerated compared to DOE's typical timeline in order to follow as 
closely as possible the schedule outlined in the negotiated agreement.

III. Discussion

A. Scope of Applicability

    In the September 2021 NOPD, DOE proposed the following definition 
for air cleaners:
    An air cleaner is a consumer product that:
    (1) Is a self-contained, mechanically encased assembly;
    (2) Is powered by single-phase electric current;
    (3) Removes, destroys, or deactivates particulates and 
microorganisms from the air;
    (4) Excludes products that destroy or deactivate particulates and 
microorganisms solely by means of ultraviolet light without a fan for 
air circulation; and
    (5) Excludes central air conditioners, room air conditioners, 
portable air conditioners, dehumidifiers, and furnaces as defined in 10 
CFR 430.2. 86 FR 51629, 51632.
    After considering the comments received in response to the 
September 2021 NOPD and January 2022 RFI, in the July 2022 Final 
Determination, DOE defined an air cleaner at 10 CFR 430.2 as ``a 
product for improving indoor air quality, other than a central air 
conditioner, room air conditioner, portable air conditioner, 
dehumidifier, or furnace, that is an electrically-powered, self-
contained, mechanically

[[Page 63328]]

encased assembly that contains means to remove, destroy, or deactivate 
particulates, VOCs, and/or microorganisms from the air. It excludes 
products that operate solely by means of ultraviolet light without a 
fan for air circulation.'' 87 FR 42297, 42304 and 42308.
    In the July 2022 Final Determination, DOE addressed comments it 
received in response to the September 2021 NOPD as well as some of the 
comments it received in response to the January 2022 RFI \10\ that 
pertained to the scope of the rulemaking and definition of an air 
cleaner.
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    \10\ (Joint Commenters, No. 8 at pp. 2, 3; Daikin, No. 12 at p. 
2; AHRI, No. 15 at pp. 3-4, 4, 4-5, 5, 5-6; MIAQ, No. 5, at pp. 3, 
3-4, 4-5; Synexis, No. 14, at pp. 1, 1-2; Blueair, No. 11 at p. 2; 
Lennox, No. 7 at pp. 1-2, 2; NEEA, No. 13 at p. 3; CA IOUs, No. 9 at 
pp. 9-10, 11; Trane Technologies, No. 3 at p, 3).
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    In this NOPR, DOE is proposing to establish test procedures for a 
subset of products that meet the definition of ``air cleaner'' as 
established by the July 2022 Final Determination. Specifically, DOE is 
proposing to define the scope of the proposed test procedure as 
covering products defined as ``conventional room air cleaners'' in the 
AHAM AC-7-2022 Draft standard. The proposed scope of the test procedure 
aligns with the available industry standard and encompasses a majority 
of the air cleaner market. Further, this scope is consistent with the 
scope in the Joint Proposal. (Joint Stakeholders, No. 16 at p. 5) DOE 
may consider test procedures for other types of air cleaners in a 
future rulemaking.
    Section 2.1.1 of AHAM AC-7-2022 Draft defines a ``conventional room 
air cleaner'' as a consumer room air cleaner that is a portable or wall 
mounted (fixed) unit that plugs in to an electrical outlet; operates 
with a fan for air circulation; and contains means to remove, destroy, 
and/or deactivate particulates.
    Sections 2.1.3.1 and 2.1.3.2 of AHAM AC-7-2022 Draft further define 
``portable'' and ``fixed'', respectively, as follows:
    Portable: can be easily moved from one place to another for use; 
and has no provision for permanent mounting. Tools are not required for 
the product installation or removal.
    Fixed: permanently connected to the electrical supply source; 
permanently mounted, such that tools are required for the product 
installation or removal; or, sized so that it is not easily moved from 
one place to another.
    DOE proposes to specify in section 1 of the proposed new appendix 
FF that the test procedure applies to ``conventional room air 
cleaners'' and to define that term in 10 CFR 430.2 through reference to 
Section 2.1.1 of AHAM AC-7-2022 Draft. DOE further proposes to add 
references to Sections 2.1.3.1 and 2.1.3.2 of AHAM AC-7-2022 Draft to 
the proposed definition of conventional room air cleaners to reference 
the definitions of portable and fixed conventional room air cleaners.
    DOE requests comment on its proposal to define the scope of the 
proposed air cleaner test procedure as those air cleaners that meet the 
definition of a conventional room air cleaner as defined in Section 
2.1.1 of AHAM AC-7-2022 Draft.
    DOE requests comment on its proposal to reference Sections 2.1.1, 
2.1.3.1, and 2.1.3.2 of AHAM AC-7-2022 Draft in 10 CFR 430.2 for the 
definitions of conventional room air cleaner, portable conventional 
room air cleaner, and fixed conventional room air cleaner, 
respectively.
    In addition to defining the scope of the proposed air cleaner test 
procedure to conventional room air cleaners, DOE notes that Section 2 
of AHAM AC-1-2020 indicates that the precision of the test method is as 
follows:  25 cubic feet per minute (``cfm'') for pollen 
CADR;  10 cfm for dust CADR; and  10 cfm for 
cigarette smoke CADR. Additionally, Section 2 of AHAM AC-1-2020 
indicates that the theoretical maximum limits for CADR are determined 
by the maximum number of initial available particles, the acceptable 
minimum number of available particles, an average background natural 
decay rate (from statistical study), the size of the test chamber, and 
the available minimum experiment time. Given these levels of precision, 
Section 2 of AHAM AC-1-2020 specifies the test procedure being 
applicable only to air cleaners within rated CADR ranges of 10 to 600 
cfm for dust and cigarette smoke and 25 to 450 cfm for pollen.
    Further, in the negotiated agreement submitted by the Joint 
Stakeholders, they propose that negotiated standards are applicable to 
conventional room air cleaners with a minimum PM2.5 CADR of 
10 cfm. (Joint Stakeholders, No. 16 at p. 9)
    As discussed, DOE's proposed scope pertains to conventional room 
air cleaners that are portable or wall mounted and plug into an 
electrical outlet. This is also the scope of the AHAM AC-7-2022 Draft 
and AHAM AC-1-2020 standards, which DOE is proposing to reference for 
the CADR and power measurement tests as discussed in later sections of 
this NOPR. Given that DOE is proposing to reference the AHAM industry 
standards for the DOE air cleaner test procedure, DOE requests comment 
on whether it should also specify the acceptable CADR range from AHAM 
AC-1-2020 as part of its test procedure scope. Specifically, DOE would 
consider specifying that the test procedure is applicable for 
conventional room air cleaners with smoke or dust CADR between 10 to 
600 cfm.
    DOE requests comment on whether it should reference Section 2 of 
AHAM AC-1-2020, which specifies that the standard is applicable for air 
cleaners only within rated CADR ranges of 10 to 600 cfm for dust and 
cigarette smoke. Additionally, DOE requests comment on whether this 
CADR range should be specified for PM2.5 CADR instead of for 
dust CADR and smoke CADR.

B. Industry Standards Incorporated by Reference

1. AHAM AC-1 and AHAM AC-7 Industry Standards
    As discussed, AHAM published AHAM AC-1-2020 for measuring the 
performance of portable household electric room air cleaners.
    AHAM AC-1-2020 is a voluntary industry-developed test procedure 
that provides test methods to measure the relative reduction of smoke, 
dust, and pollen suspended in the air in a specified test chamber when 
an air cleaner is in operation. The test method is conducted by 
introducing a known initial concentration of a given particulate in the 
chamber, without the air cleaner in operation, to measure its natural 
decay. Next, the particulate is reintroduced in the chamber with the 
air cleaner in operation to measure the particulate decay with the air 
cleaner operating. The difference in the logarithmic rate of decay with 
the air cleaner in operation and without the air cleaner in operation, 
multiplied by the volume of the chamber, provides the CADR value of the 
test unit. AHAM AC-1-2020 additionally specifies methods to measure an 
air cleaner's active mode power consumption when conducting the pollen, 
smoke, or dust performance test in the test chamber, as well as methods 
to measure standby mode power consumption.

[[Page 63329]]

    AHAM AC-1-2020 is currently referenced by the U.S. Environmental 
Protection Agency (``EPA'') in the ENERGY STAR Product Specification 
for Room Air Cleaners, Version 2.0, Rev. May 2022 (``ENERGY STAR V. 2.0 
Specification'').\11\ Further, the ENERGY STAR V. 2.0 Specification is 
referenced by air cleaner standards in Washington DC, New Jersey, 
Nevada, and Maryland.\12\
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    \11\ Further information on the ENERGY STAR V2.0 Specification 
is available online at: www.energystar.gov/sites/default/files/asset/document/ENERGY%20STAR%20Version%202.0%20Room%20Air%20Cleaners%20Specification%20%28Rev.%20May%202022%29.pdf.
    \12\ Further information on state air cleaner standards and 
timelines is available online from ASAP at: https://appliance-standards.org/product/air-purifiers.
---------------------------------------------------------------------------

    In the January 2022 RFI, DOE requested comment on whether AHAM AC-
1-2020 provides an appropriate method to use as the basis for a Federal 
test method and for defining energy conservation standards for air 
cleaners. 87 FR 3702, 3708. DOE also sought feedback on industry 
standards that could be referenced for the standby power measurement 
procedure. Specifically, DOE requested feedback on the suitability of 
the standby power measurement test procedure specified in AHAM AC-1-
2020, IEC 62301 Ed. 2.0, or any other test method for measuring standby 
mode and off mode energy use of consumer air cleaners, in light of 
EPCA's requirement in 42 U.S.C. 6295(gg)(2)(A)) for DOE to consider the 
most current version of IEC Standard 62301. Id. at 87 FR 3709, 3710.
    The Joint Commenters stated that AHAM and its partners \13\ are 
currently developing the AHAM AC-7-2022 Draft standard, which is a test 
procedure to measure the energy efficiency of air cleaners. (Joint 
Commenters, No. 8 at p. 3) The Joint Stakeholders recommended that DOE 
adopt AHAM AC-7-2022, which is currently in final draft form, as the 
test procedure. The Joint Stakeholders additionally stated that if a 
final version of AHAM AC-7-2022 is not available to incorporate by 
reference, DOE should align with the final draft version and AHAM 
authorized DOE to use the text of the final draft as the basis for 
DOE's test procedure. (Joint Stakeholders, No. 16 at p. 6) \14\ Blueair 
expressed support for the AHAM AC-1-2020 standard as a robust method 
for determining air cleaner energy efficiency and stated that it should 
serve as the Federal test procedure. (Blueair, No. 11 at pp. 2-3) 
Blueair noted that laboratories across the country can readily run 
tests for manufacturers and third parties at reasonable costs and 
turnaround times. (Id.) Daikin commented that the AHAM AC-1-2020 test 
procedure was appropriate for testing portable small room air cleaners. 
(Daikin, No. 13 at p. 2) MIAQ and Lennox commented that the AHAM AC-1-
2020 standard is appropriate to test portable air cleaners, but would 
not be appropriate to test non-portable air cleaners that would be 
included in the scope of DOE's covered product. (MIAQ, No. 5 at p. 3; 
Lennox, No. 7 at p. 2) Molekule commented that based on its research, 
existing standards, such as AHAM AC-1-2020 are limited in their ability 
to determine the efficacy of air cleaners that remove and oxidize 
airborne allergens (i.e., aeroallergens). (Molekule, No. 12 at p. 4) 
Synexis commented that AHAM AC-1-2020 was designed for measuring the 
performance of indoor air cleaners, which remove particulates from the 
air, presumably via mechanical filtration and it does not account for 
the performance of devices that use mechanisms other than mechanical 
filtration. (Synexis, No. 9 at p. 2)
---------------------------------------------------------------------------

    \13\ Partners include ASAP, the CA IOUs, DOE, and Guidehouse.
    \14\ The CA IOUs supported the updates that were being discussed 
by AHAM and its partners. (CA IOUs, No. 10 at p. 1) After 
publication of the Joint Statement, the CA IOUs also submitted a 
letter of support for the negotiated agreement, which includes using 
AHAM AC-7-2022 for the DOE air cleaner test procedure. (CA IOUs, No. 
17 at p. 1).
---------------------------------------------------------------------------

    Since publication of the January 2022 RFI, DOE is aware that AHAM's 
air cleaner task force is working to establish a new test method, AHAM 
AC-7-2022 Draft, that would specify the test methods for measuring air 
cleaner efficiency. The power measurement test methods specified in 
AHAM AC-7-2022 Draft are being developed using the existing power 
measurement test methods specified in AHAM AC-1-2020, updated to 
reflect current air cleaner technologies and functionalities. 
Additionally, AHAM AC-7-2022 Draft specifies the methods to determine 
PM2.5 CADR, which is calculated based on the smoke and dust 
CADR values; AEC; and IEF (expressed in CADR per watt (``CADR/W'')), 
which defines the efficacy of an air cleaner. DOE has participated in 
the meetings of the AHAM task force group responsible for developing 
AHAM AC-7-2022 Draft and has provided input on several topics during 
its development. DOE has also conducted testing according to AHAM AC-7-
2022 Draft and provided input to the AHAM task force based on its 
observations and experience during testing.
    AHAM AC-7-2022 Draft additionally references AHAM AC-1-2020 in 
several sections to specify requirements for the test chamber equipment 
and setup, as well as to conduct the in-chamber active mode power 
consumption test. All but one section refers to ``ANSI/AHAM AC-1,'' 
``AHAM AC-1,'' or ``ANSI/AHAM AC-1-2020.'' DOE understands each of 
these references to be denoting the AHAM AC-1-2020 version of the 
standard, since it is included as a normative reference in AHAM AC-7-
2022 Draft. In contrast, Section 5.7.1 of AHAM AC-7-2022 Draft 
references ANSI/AHAM AC-1-2022 Draft in stating that potassium chloride 
(``KCl'') is allowed as an alternate to cigarette smoke in ANSI/AHAM 
AC-1-2022 Draft. The text of AHAM AC-1-2022 Draft standard was not 
available publicly for DOE to review at the time of publication of this 
NOPR. However, from its participation on the AHAM task force, DOE 
understands AHAM AC-1-2022 Draft to be materially the same as AHAM AC-
1-2020, with updates to harmonize with other AHAM air cleaners 
standards (e.g., AC-7, AC-5 \15\ for microorganisms, AC-4 \16\ for 
gases, etc.) and to remove the power measurement requirements from AHAM 
AC-1-2020, given that these requirements are now specified in AHAM AC-
7-2022 Draft.
---------------------------------------------------------------------------

    \15\ Method for Assessing the Reduction Rate of Key Bioaerosols 
by Portable Air Cleaners Using an Aerobiology Test Chamber, AHAM AC-
5-2022.
    \16\ Method of Assessing the Reduction Rate of Chemical Gases by 
a Room Air Cleaner, AHAM AC-4-2022.
---------------------------------------------------------------------------

    In this NOPR, DOE proposes to incorporate by reference AHAM AC-7-
2022 Draft into 10 CFR 430.3 and to reference the relevant sections of 
this industry standard in the DOE test procedure at the proposed new 
appendix FF. DOE is proposing modifications to certain aspects of AHAM 
AC-7-2022 Draft, as discussed in the relevant sections of this document 
that follow.
    Specifically, DOE proposes to reference AHAM AC-7-2022 Draft to 
specify the test methods for determining PM2.5 CADR, AEC, 
and IEF. AHAM AC-7-2022 Draft specifies definitions, test conditions, 
and test methods for determining active mode power, standby mode power, 
out of chamber active mode power, and PM2.5 CADR. DOE has 
initially determined that the measurement of PM2.5 CADR and 
power consumption as specified in the AHAM-AC-7-2022 Draft would 
produce test results that measure the energy efficiency of an air 
cleaner during a representative average use cycle or period of use and 
would not be unduly burdensome to conduct.
    DOE additionally proposes to incorporate by reference AHAM AC-1-

[[Page 63330]]

2020 to reference the test methods for determining pollen CADR, smoke 
CADR, and dust CADR and for each instance where AHAM AC-7-2022 Draft 
references AHAM AC-1-2020.
    DOE additionally proposes to incorporate by reference IEC 62301 Ed. 
2.0, which is referenced in AHAM AC-7-2022 Draft, for the 
instrumentation requirements and standby mode power measurement.
    DOE additionally proposes to incorporate by reference ASTM E741-
11(2017), which is the current version of the standard referenced in 
Section 3.3 of AHAM AC-7-2022 Draft with regard to determining the test 
chamber air exchange rate.
    As discussed, DOE intends to update the reference to the final 
published version of AHAM AC-7-2022 in the test procedure final rule, 
should it publish prior to the final rule, unless there are substantive 
changes between the draft and published versions, in which case DOE may 
adopt the substance of the AHAM AC-7-2022 Draft or provide additional 
opportunity for comment on the changes to the industry consensus test 
procedure.
    Given that AHAM is considering publishing an updated AHAM AC-1-
2022, should AHAM AC-7-2022 Draft be updated to reference AHAM AC-1-
2022, DOE will consider adopting the published version of AHAM AC-7-
2022, including the reference to AHAM AC-1-2022 as long as it is also 
published and is substantively the same as AHAM AC-1-2020. If there are 
substantive changes between the final version of AHAM AC-1-2022 and 
AHAM AC-1-2020, DOE may consider providing additional opportunity for 
comment on the changes to the industry consensus test procedure or 
continue to reference AHAM AC-1-2020. Additionally, DOE is considering 
whether it should include reference to the use of KCl as an alternate 
to cigarette smoke, as currently specified in AHAM AC-7-2022 Draft.
    DOE requests comment on its proposal to adopt the substantive 
provisions of AHAM AC-7-2022 Draft with certain modifications.
    DOE requests comment on its proposal to incorporate by reference 
AHAM AC-1-2020, which is referenced in AHAM AC-7-2022 Draft, as well as 
to specify provisions related to the measurement of pollen CADR, smoke 
CADR, and dust CADR.
    DOE also requests comment on whether it should consider specifying 
that KCl is an allowable alternate to cigarette smoke in the 
measurement of smoke CADR, even if AHAM AC-1-2022 Draft is not 
published by the time DOE publishes its final rule. DOE requests data 
and information on the implications of using cigarette smoke and KCl 
interchangeably when performing air cleaner performance tests. DOE 
requests data and information on how a CADR value obtained using KCl 
compares to the CADR value obtained using cigarette smoke.
    DOE requests comment on its proposal to reference IEC 62301 Ed. 
2.0, which is referenced in AHAM AC-7-2022 Draft for the 
instrumentation and testing provisions for measuring standby mode power 
consumption.
    DOE requests comment on its proposal to reference ASTM E741-
11(2017), which is referenced in AHAM AC-7-2022 Draft for determining 
the test chamber air exchange rate.
2. Other Industry Standards
    In the January 2022 RFI, DOE also requested comment on whether it 
should consider any methodology for measuring the removal efficacy of 
microorganisms (i.e., viruses, bacteria, mold, etc.) from indoor air as 
part of a Federal test procedure for air cleaners. 87 FR 3702, 3710. 
DOE also requested comment on other test methods that it should 
consider when developing a test procedure to measure the energy 
efficiency of air cleaners. Id.
    In response to the January 2022 RFI, Lennox commented that the 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (``ASHRAE'') standard ASHRAE 52.2-2017, ``Method of Testing 
General Ventilation Air-Cleaning Devices for Removal Efficiency by 
Particle Size,'' methodology is acceptable for air cleaners that remove 
particles. (Lennox, No. 7 at pp. 2-3) DOE notes that ASHRAE 52.2-2017 
provides a test method for measuring the performance of general 
ventilation air cleaning devices; specifically, it provides a metric to 
determine the performance of air filters that are part of in-duct or 
whole-home air cleaners. Non-powered products such as filters are not 
included within the proposed scope of the proposed test procedure.
    MIAQ and AHRI commented that ASHRAE and AHRI standards and State 
regulations already require manufacturers of air cleaners to optimize 
their product air filter designs and that DOE's new standard would 
create potential conflicts, such as competing goals. (MIAQ, No. 5 at 
pp. 5-7; AHRI, No. 15 at pp. 7-8) DOE notes that while the ASHRAE and 
AHRI standards and State regulations may specify requirements for air 
filter designs, DOE's proposed test procedure is intended to evaluate 
the energy efficiency of an air cleaner; i.e., the ability of the air 
cleaner to deliver clean air as a function of its energy use.
    MIAQ commented that in addition to the industry test standards that 
DOE referenced in the January 2022 RFI, DOE could consider evaluating 
other international air cleaners test methods such as the CNS 16098 
standard specified in Taiwan's regulations,\17\ TIS 3061:2563 that is 
used in Thailand's voluntary program,\18\ and several other AHAM, IEC, 
ASHRAE, and AHRI standards, such as AHAM AC-3; AHAM AC-5-2021; AHAM AC-
4; GB/T18801-2015 (Chinese); NRCC-54013 (Canadian); ISO 16000-36; ISO/
CD 16000-43; ISO/CD 16000-44; NF-B44-200:2016; NF EN 16846-1:2017; JEM 
1467 2015 (Japan); IEC 63086-2 (gases); SPS-KACA002 2016 Korean; ISO/TC 
142-IEC 63086; ASHRAE 52.2; ASHRAE 52.2 with optional appendix J; 
ASHRAE 52.2 proposed appendix; ISO 16890; AHRI Standard 850; AHRI 
Standard 680/681-2017; ASHRAE 145.2; ISO 10121; and ASHRAE 185.1. 
(MIAQ, No. 5 at pp. 7-8; AHRI, No. 15 at pp. 8-9)
---------------------------------------------------------------------------

    \17\ CNS 16098: Air Cleaners for household and similar use--
Methods for measuring the performance, available at: 
www.cnsonline.com.tw/?node=result&typeof=common&locale=zh_TW.
    \18\ labelno5.egat.co.th/new58/wp-content/uploads/update/product/airpure.pdf.
---------------------------------------------------------------------------

    DOE's preliminary assessment of Taiwan and Thailand's regulations 
indicate that these standards specify the evaluation of 
PM2.5 CADR and power consumption, similar to the AHAM AC-7-
2022 Draft. Additionally, DOE notes that AHAM AC-3 is similar to AHAM 
AC-1-2020 except that it provides test methods to evaluate the 
performance of portable air cleaners before and after the air cleaners 
have been subjected to accelerated particulate loading conditions. DOE 
is not evaluating accelerated particulate loading \19\ conditions at 
this time; therefore, DOE is not proposing to reference AHAM AC-3. AHAM 
AC-4 and AHAM AC-5 are also similar to AHAM AC-1-2020, but specify test 
methods using different contaminants--gases and microorganisms, 
respectively. These industry standards were published recently and, as 
discussed later in this section, DOE is currently evaluating these 
standards. GB/T18801-2015 (Chinese), NRCC-54013 (Canadian), JEM 1467 
2015 (Japan), IEC 63086-2 (gases), SPS-KACA002 2016 Korean, ISO/TC 142-
IEC 63086 test air cleaners to determine CADR in a manner similar to 
AHAM AC-1-2020 (i.e., in a test chamber after introducing a

[[Page 63331]]

contaminant and taking measurements without the air cleaner operating 
(natural decay) and with the air cleaner operating). However, these 
standards specify certain different contaminants, including gaseous 
pollutants. Some of these standards also include additional performance 
tests, such as noise and ozone emissions. Given the widespread use of 
AHAM AC-1-2020 in the United States, DOE is not proposing any 
requirements from these additional standards at this time. ISO 16000-
36, ISO/CD 16000-43, and ISO/CD 16000-44 are standards for assessing 
the reduction rate of culturable airborne bacteria, culturable airborne 
fungi, and gases, respectively. As noted, DOE is still evaluating test 
methods for gaseous and microorganism contaminants and will consider 
these standards for gaseous and/or microorganism testing. NF-B44-
200:2016 also specifies multiple contaminants including particulates, 
gasses, and microorganisms. However, DOE could not identify the 
specified test method for testing with each contaminant and requests 
additional information.
---------------------------------------------------------------------------

    \19\ Accelerated particle loading is a method for simulating 
defined periods of use of the filter.
---------------------------------------------------------------------------

    Similarly, NF EN 16846-1:2017 is a test method to evaluate 
photocatalytic devices used for the elimination of gasses and DOE will 
evaluate this standard. ASHRAE 52.2, ASHRAE 52.2 with optional appendix 
J, ASHRAE 145.2, and ISO 10121 are standards for air filters used as 
part of in-duct devices, which are not included within the proposed 
scope of the proposed test procedure. Similarly, ISO 16890 is a 
standard for the air filters of general ventilation air cleaners, which 
are not included within the proposed scope of the proposed test 
procedure. AHRI Standard 850 and AHRI Standard 680/681--2017 are 
standards for air filters and associated equipment, which DOE is not 
proposing to regulate in this proposed test procedure. Finally, ASHRAE 
185.1 is a standard for testing ultraviolet (``UV'') lights in air 
ducts; DOE's definition of air cleaners excludes products that operate 
solely by means of UV light without a fan for air circulation.
    The CA IOUs stated that DOE should consider provisions specified in 
ANSI and ASHRAE standards for air cleaners that generate ozone or UV 
light. (CA IOUs, No. 10 at p. 11) DOE's objective is to establish test 
procedures for air cleaners that would evaluate the energy efficiency 
of an air cleaner. It is DOE's understanding that safety standards and 
requirements specified in industry standards ensure that both ozone and 
UV light generated as part of air cleaner operation remain within 
specified threshold limits. Therefore, DOE is not proposing to adopt 
these provisions in the air cleaners test procedure.
    The CA IOUs additionally commented that in the absence of an 
acceptable standardized energy performance rating for biological 
agents, it would be reasonable to focus on the accepted particulate-
based energy test, but recommended that DOE validate if a correlation 
exists between the microorganism and particulate tests. (CA IOUs, No. 
10 at p. 6)
    Synexis commented that DOE should consider test methods used to 
measure the removal of microorganisms such as AHAM AC-5-2022 Draft. 
Synexis stated that the Korean Test Labs test method only tests for 
bacterial reduction. Synexis stated that utilizing the Research 
Triangle Institute (``RTI'') test method in combination with some 
additional test methods (National Research Council Canada (``NRCC'') or 
others) would provide better evidence of device effectiveness. For 
example, the RTI and NRCC test methods capture many of the 
effectiveness criteria, as the RTI method measures airborne virus, 
bacteria and mold reduction while the NRCC method measures VOC and 
ozone reduction and would demonstrate that the devices are not 
producing harmful levels of by-products. (Synexis, No. 9 at pp. 3-4) 
Molekule commented that many of the industry standards that evaluate 
the performance of air cleaners against microorganisms and chemicals, 
such as AHAM AC-4, AHAM AC-5-2022, and the NRCC_54013 protocol, only 
gauge the initial reduction of pollutants and do not provide any 
insight into sustained performance over time. (Molekule, No. 12 at p. 
4)
    Lennox commented that microorganisms and VOCs present complex 
issues that DOE must consider before proceeding with a test procedure 
or standard. Lennox further stated that AHAM is working to include 
microorganisms as a new contaminant in its air cleaner standard and DOE 
should wait until that standard is published. (Lennox, No. 7 at p. 3) 
It is DOE's understanding that the AHAM standard that Lennox is 
referencing is AHAM AC-5-2022, which published after the comment period 
for the January 2022 RFI closed.
    In proposing to establish an initial test procedure for measuring 
energy efficiency of air cleaners, DOE is focusing on the functionality 
most broadly implemented in air cleaners on the market in the United 
States; i.e., the removal of particulate matter through mechanical 
filtration means, which may include ionization particulate capture as 
well. Certain microorganisms, depending on their size, also may be 
removed from the air by such devices. In light of the ongoing 
coronavirus-19 pandemic and other health concerns, DOE recognizes the 
utility to consumers of additional means to reduce concentrations of 
microorganisms in the air, including destruction or deactivation of the 
microorganisms. DOE expects to monitor the air cleaner market for the 
presence of models with such antimicrobial features and may evaluate in 
the future test methods for air cleaners that eliminate microorganisms.
    An example of a test method for air cleaners that reduce 
concentrations of airborne microorganisms is AHAM AC-5-2022, which AHAM 
issued in March 2022. Under this test method, air cleaners are tested 
in a manner similar to AHAM AC-1-2020, except microorganisms are 
aerosolized and introduced into the chamber rather than particulates. 
AHAM AC-5-2022 specifies different types of bacteria, bacteriophages, 
and mold spores that could be used for testing. Although DOE is not 
proposing provisions in this proposed test procedure to measure the 
efficacy of an air cleaner's removal of microorganisms, DOE welcomes 
comment on the impact the type of microorganism selected for testing 
has on the CADR for microbes (``m-CADR'') value (e.g., Phi-X 174 vs. 
MS2). DOE also welcomes comment on whether measurements taken every 2 
minutes for a duration of 10 minutes, as specified in Section 7.3 of 
AHAM AC-5-2022 is sufficient to determine m-CADR. DOE additionally 
requests comment on the duration for which a sample must be collected 
during each measurement point. DOE also observed from test results that 
the natural decay curve for microorganisms could be increasing during 
the first 10-15 minutes and welcomes feedback on whether this is 
reasonable.
    DOE requests comment on whether the m-CADR value specified in AHAM 
AC-5-2022 would change, and if so, how, if a different type of 
microorganism was used for testing from the same general microorganism 
category (e.g., using MS-2 vs. Phi X 174 for bacteriophage testing).
    DOE requests comment on whether measurements taken every 2 minutes 
for a duration of 10 minutes, as specified in Section 7.3 of AHAM AC-5-
2022, is sufficient to determine m-CADR. DOE also requests comment on 
the duration for which a sample must be collected for each measurement 
point.
    Additionally, if stakeholders indicate that operating the test unit 
for 10 minutes is sufficient, DOE requests comment on whether the 
natural decay

[[Page 63332]]

test should also be conducted for only 10 minutes. DOE also requests 
comment on whether it is reasonable for the natural decay curve for 
microorganisms to be increasing during the first 10-15 minutes of the 
test, and if not, how should DOE mitigate this issue.

C. Definitions

    As discussed, the July 2022 Final Determination established a 
definition for air cleaners. Additionally, as discussed in section 
III.A of this document, DOE is proposing to reference Section 2.1.1 of 
AHAM AC-7-2022 Draft in 10 CFR part 430.2 to specify the definition for 
``conventional room air cleaner'' and additionally reference within 
this definition Sections 2.1.3.1 and 2.1.3.2 of AHAM AC-7-2022 Draft to 
define ``portable air cleaner'' and ``fixed air cleaner,'' 
respectively. These definitions are relevant to establish the scope of 
the proposed new appendix FF.
    In addition to these definitions, DOE proposes to specify certain 
additional definitions in the proposed new appendix FF that would be 
required to test air cleaners according to the proposed test procedure.
    DOE proposes to reference Sections 2.2 and 2.3, Sections 2.4.1 
through 2.4.2.4, and Sections 2.6 through 2.8 of AHAM AC-7-2022 Draft 
to specify definitions for the following terms in section 2 of the 
proposed new appendix FF:
     Function--means a predetermined operation undertaken by 
the air cleaner. Functions may be controlled by an interaction of the 
user, of other technical systems, of the system itself, from measurable 
inputs from the environment and/or time. In AHAM AC-7-2022 Draft, 
functions are grouped into four main types:

    [cir] Primary functions
    [cir] Secondary functions
    [cir] User oriented secondary functions
    [cir] Network related secondary functions

     Primary function--means an air cleaning function that 
reduces the concentration of one or more types of indoor air 
pollutants.
     Secondary function--means a function that enables, 
supplements, or enhances a primary function. For air cleaners, 
secondary functions are other functions which are not directly related 
to air cleaning. Examples may include a vacuum, heating, 
humidification, or additional ambient room lights (e.g., night light).
     User oriented and network function (i.e., control 
functions)--may include network connection, Wi-Fi, clocks, radio, 
remote controls, or other programmable functions that may continue to 
be enabled when the primary function is inactive.
     Mode--means a state that has no function, one function or 
a combination of functions present.
     Active mode--means a product mode where the energy using 
product is connected to a mains power source and at least one primary 
function is activated.
     Low power mode--as per IEC 62301 Ed. 2.0 means a product 
mode that falls into one of the following broad mode categories:

    [cir] Off Mode(s)
    [cir] Standby Mode(s)
    [cir] Network Mode(s)
    [cir] Inactive Mode

     Standby mode--means a mode offering one or more of the 
following user-oriented or protective functions which may persist for 
an indefinite time:
    (a) To facilitate the activation of other modes (including 
activation or deactivation of active mode) by remote switch (including 
remote control), internal sensor, or timer.
    Informative Note: A timer is a continuous clock function (which may 
or may not be associated with a display) that provides regular 
scheduled tasks (e.g., switching) and that operates on a continuous 
basis.
    (b) Continuous functions, including information or status displays 
(including clocks) or sensor-based functions.
     Inactive mode--means a standby mode that facilitates the 
activation of active mode by remote switch (including remote control) 
or internal sensor or which provides continuous status display.
     Off mode--means a mode in which a consumer room air 
cleaner is not providing any active or standby mode function and where 
the mode may persist for an indefinite time, including an indicator 
that only shows the user that the product is in the off position.
     Network mode--means any product modes where at least one 
network function is activated (such as reactivation via network command 
or network integrity communication) but where the primary function is 
not active.
     Clean Air Delivery Rate (CADR)--is the measure of the 
delivery of contaminant free air, within a defined particle size range, 
by an air cleaner, expressed in cubic feet per minute (cfm). CADR is 
the rate of contaminant reduction in the test chamber when the air 
cleaner is turned on, minus the rate of natural decay when the air 
cleaner is not running, multiplied by the volume of the test chamber as 
measured in cubic feet. Note: CADR values are always the measurement of 
an air cleaner performance as a complete system and have no linear 
relationship to the air movement per se or to the characteristics of 
any particle removal methodology.
     Integrated energy factor (IEF)--is the energy the air 
cleaner uses when it is in standby mode, as well as, its active mode 
energy. This is fully defined as the measured PM2.5 CADR per 
watt.
     PM2.5--means particulate matter with an 
aerodynamic diameter less than or equal to a nominal 2.5 micrometers as 
measured by a reference method based on 40 CFR part 50, annex I. and 
designated in accordance with 40 CFR part 53 or by an equivalent method 
designated in accordance with 40 CFR part 53.
     PM2.5 CADR--is from ANSI/AHAM AC-1-2020; Annex 
I. The performance on PM2.5 of an air cleaner is represented 
by a clean air delivery rate (CADR) based on the dust and cigarette 
smoke performance data.
    The diversity of particle natures and the sizes of the dust and 
smoke pollutants gives a well-balanced representation of the ultra-fine 
and fine particulate matters that define PM2.5.
     PM2.5 CADR is obtained by combining the CADR of 
cigarette smoke particle sizes ranging from 0.1 to 0.5 microns with the 
CADR of dust particles that fall in the range of 0.5 to 2.5 microns and 
performing a geometric average calculation.
[GRAPHIC] [TIFF OMITTED] TP18OC22.010

    AHAM AC-7-2022 Draft also includes definitions for other terms that 
DOE is not proposing to incorporate into the proposed new appendix FF. 
Generally, these other terms are inconsistent with or not relevant to 
the proposed scope of the DOE test procedure.

[[Page 63333]]

    DOE requests comment on its proposal to include definitions for the 
aforementioned terms, via reference to AHAM AC-7-2022 Draft, in the 
proposed new appendix FF. Should the AHAM task force consider any 
changes to any of these definitions or include definitions for 
additional terms that would be relevant to DOE's proposed test 
procedure, DOE requests comment on such changes and the justification 
for DOE to consider including them in its test procedure for air 
cleaners.

D. Test Conditions

    Section 3 of AHAM AC-7-2022 Draft specifies test conditions for the 
measurement of active mode and standby mode power consumption and 
includes references to certain sections of AHAM AC-1-2020 as 
appropriate. Specifically, Sections 3.1 through 3.6 of AHAM AC-7-2022 
Draft specify requirements for active mode and standby mode electrical 
supply, test chamber ambient temperature, test chamber air exchange 
rate, test chamber particulate matter concentrations, chamber 
equipment, and test unit preparation (including conditioning of the air 
cleaner prior to testing, placement of the air cleaner for testing, and 
network connection setup requirements), respectively.
    Through participation in the task force to develop AHAM AC-7-2022 
and conducting preliminary testing, DOE has initially determined that 
the AHAM AC-7-2022 Draft test conditions produce test results that 
measure the efficiency of air cleaners during a representative average 
use cycle and are not unduly burdensome. Therefore, DOE proposes to 
reference the test condition requirements specified in Sections 3.1 
through 3.6 of AHAM AC-7-2022 Draft in the proposed new appendix FF. 
The following sections summarize each of the requirements specified in 
AHAM AC-7-2022 Draft along with DOE's proposals.
1. Electrical Supply
    Section 3.1 of AHAM AC-7-2022 Draft specifies the electrical supply 
requirements for active mode and standby mode testing. These 
requirements specify that active mode power supply test voltage and 
frequency must be set to the nameplate voltage 1 percent. 
If a range of voltage is provided on the nameplate, then the voltage 
for the country for which the measurement is being determined shall be 
used per Table 1 of AHAM AC-7-2022 Draft (1 percent). Table 
1 specifies 120 volts and 60 hertz for units in North America. For 
standby mode testing, the power supply test voltage and frequency are 
to be set as noted in Table 1 of AHAM AC-7-2022 Draft (1 
percent), which specifies 115 volts and 60 hertz for units in North 
America. DOE notes that these power supply requirements are generally 
consistent with DOE test procedures for other consumer products for 
which standby mode and active mode are tested. Accordingly, DOE 
proposes to reference Section 3.1 of AHAM AC-7-2022 Draft for the 
electrical supply requirements.
    DOE requests comment on its proposal to reference Section 3.1 of 
AHAM AC-7-2022 Draft for the electrical supply requirements for active 
mode and standby mode power measurement.
2. Ambient Conditions
    Section 3.2 of AHAM AC-7-2022 Draft specifies the test chamber 
ambient temperature requirements for active mode and standby mode 
tests. The active mode ambient temperature requirement is 70  5 degrees Fahrenheit (``[deg]F'') (21  3 degrees 
Celsius (``[deg]C'')) with a relative humidity of 40  5 
percent. The standby mode ambient temperature requirement is 70  9 [deg]F (21  5 [deg]C), with no relative humidity 
requirement specified. DOE notes that the active mode test requirements 
are similar to the ambient conditions specified for certain other 
consumer products that affect room air besides heating or cooling 
(e.g., DOE's ceiling fan test procedure specifies maintaining the room 
temperature at 70  5 [deg]F and the room relative humidity 
at 50  5 percent during testing),\20\ and as such, DOE 
expects that these conditions would also produce representative test 
results for air cleaners. Additionally, Section 5.7.2 of AHAM AC-7-2022 
Draft, which specifies the supplemental test to measure active mode 
power consumption outside a test chamber, also references Section 3.2 
of AHAM AC-7-2022 Draft to specify that the same ambient conditions 
must be maintained when testing outside the chamber.
---------------------------------------------------------------------------

    \20\ See section 3.3.1(1) of appendix U to subpart B of part 
430--Uniform Test Method for Measuring the Energy Consumption of 
Ceiling Fans.
---------------------------------------------------------------------------

    DOE recognizes that standby mode testing is likely to be much less 
sensitive to ambient room temperature or humidity compared to active 
mode testing, such that the wider tolerance on ambient temperature and 
the lack of a humidity requirement for standby mode testing are 
appropriate. DOE understands that test laboratories already have the 
expertise and equipment necessary to maintain these specified ambient 
temperature and relative humidity test conditions, within the specified 
tolerances, when testing air cleaners within the test chamber as well 
as the expertise and equipment necessary for maintaining temperature 
within the specified tolerance for standby mode. Accordingly, DOE 
proposes to reference these ambient temperature and relative humidity 
requirements from AHAM AC-7-2022 Draft.
    DOE requests comment on its proposal to reference Section 3.2 of 
AHAM AC-7-2022 Draft for the ambient temperature and humidity 
requirements for active mode and standby mode power measurement.
3. Test Chamber Air Exchange Rate
    Section 3.3 of AHAM AC-7-2022 Draft requires that, per AHAM AC-1-
2020, the test chamber air exchange rate must be less than 0.03 air 
changes per hour as determined by ASTM E741 or an equivalent method. 
Section 4.3 of AHAM AC-1-2020 provides these specifications. DOE does 
not have information on typical air changes within a representative 
room, but this condition is necessary to ensure consistent test chamber 
conditions by minimizing the air exchange rate, and DOE has tentatively 
determined that the industry-accepted specification for the air 
exchange rate, as reviewed by the AHAM task force, would be appropriate 
for air cleaner testing. Accordingly, DOE proposes to additionally 
reference Section 4.3 of AHAM AC-1-2020 within the proposed provisions 
of Section 3 of the proposed new appendix FF. As discussed, DOE is also 
proposing to incorporate by reference ASTM E741-11(2017), the most 
recent version of that industry standard.
    DOE requests comment on its proposal to reference Section 3.3 of 
AHAM AC-7-2022 Draft for the test chamber air exchange rate 
requirements, including its reference to ASTM E741-11(2017).
4. Test Chamber Particulate Matter Concentrations
    Section 3.4 of AHAM AC-7-2022 Draft specifies the acceptable range 
of particle concentrations for the initial test condition for the smoke 
and dust tests, via reference to Section 4.4 of AHAM AC-1-2020. DOE 
recognizes that initial particle concentration is a necessary 
requirement for repeatability and reproducibility by ensuring 
consistent test chamber conditions prior to measuring decay rate, and 
DOE has tentatively determined that the industry-accepted specification 
for the initial particle concentrations, as

[[Page 63334]]

reviewed by the AHAM task force, would be appropriate for air cleaner 
testing. Accordingly, DOE is proposing to reference Section 3.4 of AHAM 
AC-7-2022 Draft and additionally reference Section 4.4 of AHAM AC-1-
2020 within the proposed provisions of section 3 of the proposed new 
appendix FF.
    DOE requests comment on its proposal to reference Section 3.4 of 
AHAM AC-7-2022 Draft for the initial particulate concentrations in the 
test chamber.
Test Chamber Construction and Equipment
    Section 3.5 of AHAM AC-7-2022 Draft references Annex A of AHAM AC-
1-2020 to specify the test chamber construction and equipment 
positioning during testing. This includes requirements for chamber 
size, framework, constructions and material for the walls and flooring, 
as well as additional equipment that must be used in the chamber for 
conducting tests. DOE believes these requirements are relevant to 
ensure that testing is conducted in a representative chamber and that 
it is repeatable and reproducible.
    In response to the January 2022 RFI, Synexis commented that the 
CADR test chamber is not representative of actual room sizes, that 
testing should be conducted in a larger chamber, and that the setup of 
an air cleaner (e.g., wall-mounted, ceiling-mounted, free-standing, 
etc.) is less critical in measuring efficiency than the air cleaning 
mechanism. (Synexis, No. 9 at pp. 4-5)
    EPCA requires that any test procedures DOE prescribes or amends be 
reasonably designed to produce test results that measure energy 
efficiency, energy use, 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 not be unduly burdensome to conduct. 
(42 U.S.C. 6293(b)(3)) DOE recognizes that the test chamber size 
specified in AHAM AC-1-2020, 10.5 feet (``ft'') x 12 ft x 8 ft, may not 
be representative of larger rooms, but DOE does not have consumer data 
on the room sizes in which air cleaners are most commonly used that 
would indicate that a different test chamber size would be more 
representative of average use. Additionally, utilizing a chamber of the 
same size for testing all conventional room air cleaners and that is 
required for testing in accordance with the ENERGY STAR V. 2.0 
Specification would produce repeatable and reproducible test results, 
while also ensuring that the test setup and chamber size requirements 
are not unduly burdensome. Those laboratories that are currently 
testing air cleaners for the purposes of ENERGY STAR qualification are 
equipped with the test chamber specified in AHAM AC-1-2020, and 
specifying a larger test chamber size may reduce the capability of the 
industry to test at third-party laboratories and would also impose 
burden on test laboratories to upscale their test chambers. Further, 
AHAM AC-1-2020 specifies a maximum theoretical CADR that can be 
achieved when testing according to this standard, which is determined 
by the maximum number of initial available particles in the chamber, 
the acceptable minimum number of available particles in the chamber, an 
average background natural decay rate (from statistical study), and the 
size of the test chamber, and the available minimum experiment 
time.\21\ That is, the size of the test chamber is one of the inputs 
that limits the size of air cleaners that can be tested according to 
this standard. Products that exceed a smoke or dust CADR of 600 cfm are 
not intended to be tested using this test method. For these reasons, 
DOE proposes in this NOPR to utilize the same test chamber requirements 
as specified in AHAM AC-1-2020.
---------------------------------------------------------------------------

    \21\ DOE infers this to mean the minimum number of time points 
required for running the test.
---------------------------------------------------------------------------

    DOE proposes to reference Section 3.5 of AHAM AC-7-2022 Draft, 
which references Annex A of AHAM AC-1-2020 for the details of the test 
chamber construction and equipment.
    DOE requests comment on its proposal to reference Section 3.5 of 
AHAM AC-7-2022 Draft, which references Annex A of AHAM AC-1-2020 to 
specify the test chamber construction and equipment requirements.
5. Test Unit Preparation
    Section 3.6 of AHAM AC-7-2022 Draft specifies three requirements 
regarding test unit preparation: conditioning of the air cleaner prior 
to measurement in Section 3.6.1; test unit placement for testing in 
Section 3.6.2; and network connectivity requirements in Section 3.6.3.
    For the conditioning requirements, Section 3.6.1 of AHAM AC-7-2022 
Draft specifies that air cleaners must be operated for 48 hours in 
maximum performance mode to break-in the motor prior to conducting any 
tests. It further specifies that this break-in must be conducted with 
replacement filters and that after the break-in period is completed, 
all original and as-received filters must be reinstalled, and non-
replaceable components should be cleaned according to manufacturers 
instructions prior to performing the active mode test. Additionally, 
Section 3.6.1 of AHAM AC-7-2022 Draft specifies that installation of a 
UV device that is energized during air cleaning function and lamp 
assembly within the air cleaner shall be according to manufacturer's 
instructions and the burn-in time for the UV lamp shall also be 48 
hours, run concurrently with the break-in period of the motor.
    DOE requests comment on its proposal to reference Section 3.6.1 of 
AHAM AC-7-2022 Draft for the air cleaner conditioning requirements.
    DOE requests comment on whether the 48 hour burn-in time for air 
cleaners with UV lights is sufficient or if the burn-in time duration 
should be increased.
6. Test Unit Placement for Testing
    Section 3.6.2 of AHAM AC-7-2022 Draft specifies that the air 
cleaner must be placed in the test chamber in accordance with Section 
4.6 of AHAM AC-1-2020, which states that the air cleaner must be 
installed per manufacturer's instructions in the center of the test 
chamber, facing the test window, positioned with its air discharge as 
close as possible to the test chamber center. Section 4.6 of AHAM AC-1-
2020 further requires that if the manufacturer's instructions ``do not 
specify'' \22\ and the air cleaner is not a floor model, the air 
cleaner must be placed on the table for testing. AHAM AC-1-2020 does 
not provide further specificity as to how to determine if an air 
cleaner is a floor model, which may potentially cause ambiguity in 
determining whether a particular air cleaner would need to be placed on 
the table or not. DOE notes that Section 5.7 of IEC 63086-1 \23\ 
requires that if placement of an air cleaner is not specified by the 
manufacturer and the air cleaner's height is less than 0.7 meters from 
the floor, the unit shall be placed on a table of 0.7 meters in height. 
In all other instances, IEC 63086-1 specifies that the air cleaner 
shall be placed on the floor of the test chamber.
---------------------------------------------------------------------------

    \22\ DOE understands the language ``If manufacturer's 
instructions do not specify'' to mean that the manufacturer's 
instructions do not clearly indicate the placement of the air 
cleaner on a floor, table, or another flat surface.
    \23\ Household and similar electrical air cleaning appliances--
Methods for measuring the performance--Part 1: General requirements. 
IEC 63086-1:2020.
---------------------------------------------------------------------------

    While DOE is proposing to reference Section 3.6.2 of AHAM AC-7-2022 
Draft, DOE is considering if it should

[[Page 63335]]

also include the additional test unit placement requirement from IEC 
63086-1 and requests comment. By referencing a measurable metric (unit 
height) to determine the installation configuration of the air cleaner 
in the absence of manufacturer's instructions, IEC 63086-1 may provide 
greater certainty regarding how to test certain air cleaner models, 
which could contribute to a more reproducible and representative test 
measurement. For the DOE test procedure, DOE could consider specifying 
the height limit for placement on the table in the test chamber as 28 
inches, given that 0.7 meters is approximately 27.6 inches. 
Additionally, DOE is considering whether it should include any 
requirement for air cleaners shipped with casters; specifically, DOE is 
considering whether such air cleaners should be tested on the floor 
regardless of the unit's height.
    DOE requests comment on its proposal to reference Section 3.6.2 of 
AHAM AC-7-2022 Draft, which references Section 4.6 of AHAM AC-1-2020 
for the test unit placement instructions.
    DOE also requests comment on whether it should consider including 
the requirement from IEC 63086-1 that specifies that if the placement 
of the air cleaner is not specified by the manufacturer and the air 
cleaner's height is less than 28 inches, then the unit must be tested 
on the table. Specifically, DOE requests comment on whether the 
language in AHAM AC-7-2022 Draft which states that, ``if the air 
cleaner is not a floor model'' is clear to follow, without any 
ambiguity, or whether a quantitative metric such as unit height would 
be better to ensure consistent test setup.
    DOE also requests comment on whether it should include any 
placement instructions for air cleaners shipped with casters.
7. Network Functionality
    Section 3.6.3 of AHAM AC-7-2022 Draft specifies requirements for 
setting up air cleaners with network functionality, including 
requirements for the network connection and for establishing the 
connection between the air cleaner and the network. This section 
specifies that air cleaners must be tested on a Wi-Fi network and that 
if the unit has additional network capabilities (e.g., 
Bluetooth[supreg]), these capabilities shall remain in their default, 
as-shipped configuration. Additionally, Section 3.6.3 of AHAM AC-7-2022 
Draft specifies that the network shall support the highest and lowest 
data speeds of the air cleaner's network function, and that the live 
connection must be maintained for the duration of the active mode and 
standby mode tests. AHAM AC-7-2022 Draft also specifies that if the air 
cleaner needs to install any software updates, testing must wait until 
these updates have occurred; otherwise, if the unit can operate without 
updates, the updates may be bypassed.
    DOE is aware of at least one air cleaner on the market \24\ that 
cannot be operated by the user, unless it is connected to an active 
network connection. On such a model, control of the air cleaner is 
provided exclusively through a mobile phone application. Accordingly, 
DOE is proposing to reference the AHAM AC-7-2022 Draft network 
connection requirements.
---------------------------------------------------------------------------

    \24\ See, for example: auraair.io/pages/aura-air-1.
---------------------------------------------------------------------------

    DOE requests comment on its proposal to reference Section 3.6.3 of 
AHAM AC-7-2022 Draft regarding network connection requirements during 
active mode and standby mode tests. DOE also requests comment on the 
impact on repeatability and reproducibility when testing air cleaners 
with network functionality while connected to a network.
    DOE requests comment on whether the software update requirements 
are adequately specified or whether DOE should explicitly state that 
software updates must always be executed prior to running the tests.
    DOE requests comment on its proposal to reference Sections 3.1 to 
3.6 of AHAM AC-7-2022 Draft for the test conditions and setup. Should 
AHAM AC-7-2022 Draft change any of these requirements between 
publication of this NOPR and publication of the final version of AHAM 
AC-7-2022, DOE requests comment on these changes, the reasons for these 
changes, and the impact of these changes on the overall air cleaners 
test procedure.

E. Instrumentation

    Section 4 of AHAM AC-7-2022 Draft specifies requirements for 
instrumentation used for measuring voltage and power by referencing IEC 
62301 Ed. 2.0 and specifies the accuracy required for power measuring 
equipment.
    Sections 4.1.1 through 4.1.3 of AHAM AC-7-2022 Draft specify 
requirements for power measurement uncertainty, frequency response, and 
long-term averaging, by referencing requirements in Sections 4.4.1 
through 4.4.3 of IEC 62301 Ed. 2.0. Along with these requirements, 
Section 4 of AHAM AC-7-2022 Draft specifies the accuracy of instruments 
used for measuring voltage and power to be accurate to within 0.5 percent of the quantity measured. Section 4 of AHAM AC-7-2022 
Draft also specifies requirements for the accuracy of the temperature 
measuring device (error no greater than  1 [deg]F ( 0.6 [deg]C) over the range being measured) and the relative 
humidity measuring device (resolution of at least 1 percent relative 
humidity, and an accuracy of at least  6 percent relative 
humidity over the temperature range of (24  3) [deg]C [(75 
 5) [deg]F]).
    DOE understands these instrumentation specifications to be 
appropriate for producing repeatable, reproducible, and representative 
test results for air cleaners, and that test laboratories currently 
have instrumentation that meets these proposed specifications. 
Therefore, DOE proposes to reference these instrumentation requirements 
specified in Section 4 of AHAM AC-7-2022 Draft, including the 
applicable provisions from Sections 4.4.1, 4.4.2, and 4.4.3, of IEC 
62301 Ed. 2.0 in the proposed new appendix FF.
    DOE requests comment on its proposal to incorporate by reference 
Section 4 of AHAM AC-7-2022 Draft regarding instrumentation 
requirements, including the applicable provisions from relevant 
sections of IEC 62301 Ed. 2.0. Should AHAM AC-7-2022 Draft change any 
of these requirements between publication of this NOPR and publication 
of the final version of AHAM AC-7-2022, DOE requests comment on these 
changes, the reasons for these changes, and the impact of these changes 
on the overall air cleaner test procedure.

F. Active Mode Testing

1. Background on CADR
    Section 3.14 of AHAM AC-1-2020 defines CADR as the metric which 
measures an air cleaner's efficacy in removing particulate matter from 
the air. CADR represents the logarithmic rate of particulate reduction 
in the test chamber when the air cleaner is turned on (expressed as a 
number per minute), minus the logarithmic rate of ``natural decay'' 
\25\ when the air cleaner is not running (also expressed as a number 
per minute), multiplied by the volume of the test chamber (specified as 
1,008 cubic feet). As such, testing an air

[[Page 63336]]

cleaner requires conducting two separate tests: a first test with the 
air cleaner not operating in active mode, and a second test with the 
air cleaner operating in active mode. The CADR value is expressed in 
units of cfm.\26\
---------------------------------------------------------------------------

    \25\ Section 3.13 of AHAM AC-1-2020 defines ``natural decay'' as 
the reduction of particulate matter due to natural phenomena in the 
test chamber: principally agglomeration [a process in which fine 
particles ``clump'' together], surface deposition [a process in 
which particles attach to a surface] (including sedimentation [a 
process in which particles settle out of suspension in the air onto 
a surface due to gravity]), and air exchange.
    \26\ Although the unit of measurement for CADR is cfm, Section 
3.14 of AHAM AC-1-2020 explains that CADR values indicate the 
performance of an air cleaner as a complete system and that the 
metric has no linear relationship to air movement or to the 
characteristics of any particular particle removal methodology per 
se.
---------------------------------------------------------------------------

    Sections 5, 6, and 7 of AHAM AC-1-2020 specify procedures for 
measuring air cleaner efficacy using three different types of 
particulates representing three ranges of particulate matter size: 
cigarette smoke (0.10 micrometer (``[mu]m'') to 1.0 [mu]m diameter), 
dust (0.5 [mu]m to 3.0 [mu]m diameter), and pollen (5 [mu]m to 11 [mu]m 
diameter), respectively.
    In the January 2022 RFI, DOE requested comment on the use of CADR, 
as opposed to another metric such as rate of decay, to characterize air 
cleaner performance. In particular, DOE requested comment on whether 
consumers could find the unit of measurement of cfm for CADR confusing 
and misunderstand it as referring to the rate of air movement through 
the device. 87 FR 3702, 3708.
    Synexis commented that CADR is not an appropriate performance 
metric because it applies only to filtration devices and that any 
metric must consider the mechanism of action of the air cleaner and 
types of contaminants it addresses. (Synexis, No. 9 at p. 2)
    Daikin commented that CADR primarily measures the capacity of the 
unit, but there are other air cleaning efficacy metrics that should be 
considered based on product categories. Daikin stated that metrics like 
CADR and MERV are similar to the capacity of delivering clean air and 
air cleaning efficacy respectively, but they are not an energy 
efficiency metric. (Daikin, No. 13 at p. 2)
    DOE recognizes that other capacity metrics may be relevant for the 
removal of other air contaminants such as gases and microorganisms. 
However, for the scope of products covered by this proposed test 
procedure, i.e., conventional room air cleaners, and the contaminants 
used to test such air cleaners, i.e., smoke, dust, and pollen, DOE has 
tentatively determined that CADR would be an appropriate capacity 
metric, as DOE is not proposing to test for gases and microorganisms at 
this time. CADR is a well-established industry capacity metric, and the 
AHAM AC-1 standard has been in use for over 30 years. CADR is a measure 
of the reduction rate of specific particulates by an air cleaner in a 
controlled environment. Accordingly, DOE proposes to use the CADR 
metric to evaluate the capacity of air cleaners. As discussed in later 
sections, DOE is proposing an IEF metric, which specifies the 
efficiency of an air cleaner in CADR/W.
2. Particulate Used for Testing and CADR Measurement
    In the January 2022 RFI, DOE requested comment on whether the power 
measurement could vary based on the particulate test that is used to 
measure operating power. 87 FR 3702, 3708. If power measurement varies 
based on the particulate test, DOE requested comment on which 
particulate test (pollen, dust, or smoke) should be used as the basis 
for the power measurement in any Federal test procedure that DOE may 
develop. Alternately, DOE requested comment on whether it should 
consider requiring power measurements for each particulate test and use 
a simple or weighted average to determine operating power. Id.
    DOE also requested comment on whether cigarette smoke would be the 
appropriate particulate for determining a CADR rating of air cleaners 
under a DOE test procedure, should DOE adopt a measurement of CADR in a 
test procedure for air cleaners. If cigarette smoke is not the most 
appropriate particulate, DOE requested comment on other particulate(s) 
that would be more appropriate as the basis for measurement, including 
data and information to support such a recommendation. Id. at 87 FR 
3710-3711.
    Blueair commented that it supports the use of cigarette smoke as 
the appropriate particulate for CADR ratings as it can be a surrogate 
for much smaller particles that can be found in the home, but that any 
pollutants specified in AHAM AC-1-2020 could be suitable alternatives. 
(Blueair, No. 11 at p. 3) Blueair additionally supported using 
PM2.5 CADR as the performance metric for air cleaners. (Id.) 
Further, Blueair noted PM2.5 is the primary concern from a 
health standpoint and is often found indoors. Blueair also commented 
that this particulate is likely to be of greatest concern to consumers 
and is very fine and can adequately represent a unit's performance for 
other particles. (Id.)
    The Joint Commenters recommended that DOE adopt an air cleaner 
metric based on a PM2.5 CADR. The Joint Commenters noted 
that fine particulate matter has been shown to cause serious health 
problems and can get into the lungs and bloodstream and likely be of 
concern to consumers. (Joint Commenters, No. 8 at p. 4) The Joint 
Commenters stated that due to the small size, PM2.5 
particles can adequately represent a unit's performance for other 
larger particles and noted that AHAM AC-7-2022 Draft measures 
efficiency based on PM2.5 CADR as the numerator. (Id.)
    Synexis commented that an air cleaner's energy consumption may vary 
based on the size of particles used in particulate tests because 
particulates of various sizes can cause filters to become entrained 
with pollutant particles and require greater pressure to move air 
through the device. Synexis further commented that power measurements 
for each particulate test would not be representative of real-world 
energy consumption and would not provide any useful data. (Synexis, No. 
9 at p. 2) Testing conducted by DOE, as well as power consumption data 
provided in ENERGY STAR's database, do not indicate any substantive 
differences in power consumption among the smoke, dust, and pollen 
tests.
    The CA IOUs recommended a PM2.5 CADR performance metric. 
(CA IOUs, No. 10 at p. 2) The CA IOUs commented that they analyzed the 
PM2.5 CADR metric and observed that a top-performing model 
based on PM2.5 CADR will likely perform well on pollen as 
well, which is a particulate of concern to consumers. (Id. at p. 3) 
Additionally, the CA IOUs asserted that since AHAM AC-1-2020 indicates 
testing with pollen particles is not considered sufficiently accurate 
and is thus out of scope for products with a CADR below 25 cfm, while 
cigarette smoke and dust particles can be considered sufficiently 
accurate down to a CADR of 10 cfm, DOE should adopt a performance 
metric based on PM2.5 CADR. The CA IOUs commented that this 
would ensure products with a low cfm can be included within scope and 
that this metric would produce the most precise test procedure that 
balances the representativeness of consumer use cases. The CA IOUs 
encouraged DOE to monitor pollen CADR performance to ensure a strong 
correlation is maintained between PM2.5 and pollen 
performance. (Id. at p. 5)
    For compliance with the standards in tier one of the Joint 
Proposal, the Joint Stakeholders recommended that DOE permit Section 
6.2 of AHAM AC-1-2020 for dust CADR to be applied as an alternative for 
calculating PM2.5 CADR. The Joint Stakeholders stated that 
the dust CADR, determined according to Section 6.2 of AHAM AC-1-2020, 
is nearly identical to the subset dust CADR used to calculate 
PM2.5 CADR. The Joint

[[Page 63337]]

Stakeholders further stated that given many products have already been 
tested per AHAM AC-1-2020, allowing this alternative would ensure that 
manufacturers are not required to retest using AHAM AC-7-2022 to 
demonstrate compliance with a new standard on a short timeline. (Joint 
Stakeholders, No. 16 at p. 6)
    Section 2.8 of AHAM AC-7-2022 Draft specifies that PM2.5 
means particulate matter with an aerodynamic diameter less than or 
equal to a nominal 2.5 micrometers, as measured by a reference method 
based on 40 CFR part 50, annex I and designated in accordance with 40 
CFR part 53 or by an equivalent method designated in accordance with 40 
CFR part 53.
    Section 2.9 of AHAM AC-7-2022 Draft specifies the method used to 
calculate PM2.5 CADR, which is based on the measured smoke 
CADR and dust CADR values. This section discusses that the diversity of 
particle natures and the sizes of the dust and smoke pollutants gives a 
well-balanced representation of the ultra-fine and fine particulate 
matters that define PM2.5. Specifically, PM2.5 
CADR is obtained by combining the CADR of smoke (which includes 
particle sizes ranging from 0.1 to 0.5 micron meters (``[micro]m'')) 
with the CADR of dust (which includes particle sizes ranging from 0.5 
to 2.5 [micro]m) and performing a geometric average calculation as 
follows:
[GRAPHIC] [TIFF OMITTED] TP18OC22.011

    The tests to determine smoke CADR and dust CADR are specified in 
Sections 5 and 6 of AHAM AC-1-2020. These sections of AHAM AC-1-2020 
specify the procedure for introducing the smoke and dust particulates, 
conducting the natural decay test, and the measuring the decay with the 
air cleaner in operation. However, PM2.5 CADR specifies a 
narrower range of allowable particle sizes for the smoke CADR and dust 
CADR than the smoke CADR and dust CADR tests in Sections 5.2 and 6.2, 
respectively, of AHAM AC-1-2020. That is, the allowable particle size 
for smoke particles is 0.1 to 1 [micro]m for the smoke CADR test in 
AHAM AC-1-2020, while it is 0.1 to 0.5 [micro]m for the 
PM2.5 calculation in AHAM AC-7-2022 Draft. Similarly, the 
allowable particle size for dust particles is 0.5 to 3 [micro]m for the 
dust CADR test in AHAM AC-1-2020, while it is 0.5 to 2.5 [micro]m for 
the PM2.5 calculation in AHAM AC-7-2022 Draft. DOE 
interprets the Joint Stakeholders' recommendation of an alternative 
approach to mean that the Joint Stakeholders want the allowable range 
of particle size to encompass all dust particle sizes, as specified in 
AHAM AC-1-2020, in the calculation of PM2.5 CADR. While not 
mentioned in the Joint Proposal, the same alternative could be required 
for the smoke CADR used in the calculation of PM2.5 CADR.
    While the allowable smoke and dust particle size for the smoke CADR 
and dust CADR tests in Sections 5 and 6 of AHAM AC-1-2020 is larger 
(i.e., 0.1 to 1 [micro]m for smoke particles and 0.5 to 3 [micro]m for 
dust particles) than the allowable smoke and dust particle size for the 
calculation of PM2.5 CADR (i.e., 0.1 to 0.5 [micro]m for 
smoke particles and 0.5 to 2.5 [micro]m for dust particles), the 
calculated PM2.5 CADR according to AC-7-2022 Draft is nearly 
identical to the smoke CADR and dust CADR as measured according to 
Sections 5 and 6 of AHAM AC-1-2020, as shown in the figures included in 
the Joint Proposal.\27\ Accordingly, DOE proposes that PM2.5 
CADR may alternatively be calculated using the full range of particles 
used to calculate smoke CADR and dust CADR according to Sections 5 and 
6 of AHAM AC-1-2020, respectively. DOE may further consider the option 
to allow the use of both approaches to calculate PM2.5 CADR 
in a future standards rulemaking.
---------------------------------------------------------------------------

    \27\ The figure appears on page 6 of the Joint Proposal. (Joint 
Stakeholders, No. 16 at p. 6).
---------------------------------------------------------------------------

    DOE requests comment on the Joint Stakeholders' recommendation of 
using dust CADR as calculated in Section 6 of AHAM AC-1-2020 as an 
alternative for calculating PM2.5 CADR. DOE also requests 
comment on its proposal to allow the same alternative for the smoke 
CADR value used in the PM2.5 CADR calculation.
    DOE notes that AHAM AC-7-2022 Draft specifies calculating IEF using 
PM2.5 CADR. Conversely, ENERGY STAR V. 2.0 Specification 
specifies its metric based on smoke CADR, whereas ENERGY STAR V. 1.0 
Specification specified its metric based on dust CADR.
    Given the historic use of both smoke and dust particulates to 
define a metric for air cleaners, as well as the range of particle 
sizes covered by the smoke and dust test, DOE proposes to incorporate 
by reference Section 2.9 of AHAM AC-7-2022 Draft to specify testing 
with smoke and dust and calculating PM2.5 CADR. DOE also 
proposes to include an alternative for using the smoke CADR and dust 
CADR as calculated according to Sections 5 and 6 of AHAM AC-1-2020.
    Additionally, DOE proposes to reference Sections 5 and 6 of AHAM 
AC-1-2020 for conducting the smoke CADR and dust CADR tests.
    DOE requests feedback on its proposal to incorporate by reference 
Section 2.9 of AHAM AC-7-2022 Draft to calculate PM2.5 CADR 
based on measurements of smoke CADR and dust CADR. DOE also requests 
comment on its proposal to allow the use of smoke CADR and dust CADR 
calculated according to Sections 5 and 6 of AHAM AC-1-2020.
    DOE also requests comment on its proposal to reference Sections 5 
and 6 of AHAM AC-1-2020 to specify the test methods for determining 
smoke CADR and dust CADR, respectively.
3. Performance Mode for Testing
    In the January 2022 RFI, DOE requested comment on whether it should 
consider testing air cleaners at any other power level in addition to 
the maximum power level required by AHAM AC-1-2020. 87 FR 3702, 3708.
    Consistent with AHAM AC-1-2020, Section 5.3.1 of AHAM AC-7-2022 
Draft specifies that the active mode test for all conventional room air 
cleaners be performed with the air cleaner set to the highest flow rate 
setting.\28\ Section 5.3.1 of AHAM AC-7-2022 Draft additionally 
specifies that products that include additional air cleaning 
functionality beyond mechanical filtration shall additionally have all 
air cleaning functions switched on, set to maximum. Section 5.6 of AHAM 
AC-7-2022 Draft specifies requirements for automatic mode, which is a 
mode in which the air cleaner performs air cleaning functionality in 
response to a sensor input, timer, or scheduling feature. AHAM AC-7-
2022 Draft states that although a product may have an automatic mode, 
the product shall be operated in its maximum performance mode.
---------------------------------------------------------------------------

    \28\ AHAM AC-7-2022 Draft FN1 specifies that ``highest flow rate 
setting'' is the highest fan speed setting as identified in the 
manufacturer's instructions that would allow the product to operate 
indefinitely.
---------------------------------------------------------------------------

    Synexis stated that it was appropriate to test air cleaners at 
their maximum performance mode because it represents a worst-case 
scenario in terms of energy

[[Page 63338]]

consumption. Synexis explained that medium and low power settings are 
likely to exhibit different performance characteristics in different 
devices and would not provide an appropriate metric to compare 
different air cleaners. (Synexis, No. 9 at p. 3) Molekule stated that 
its air cleaners use sensors and automatic mode to address indoor air 
quality conditions, and that energy efficiency requirements should take 
these features into account, rather than only considering a unit's 
maximum speed. (Molekule, No. 12 at p. 5) The Joint Commenters stated 
that they recognize the efficiency benefits of automatic mode for air 
cleaners, but that no test procedure exists currently that can account 
for the associated efficiency benefits or measure the effectiveness of 
automatic mode. (Joint Commentors, No. 8 at p. 4)
    As discussed, AHAM AC-7-2022 Draft specifies that the active mode 
test be performed at the highest flow rate with all air cleaning 
functions switched on, set to maximum. Section 1 of AHAM AC-7-2022 
Draft includes an informative note stating the following: ``The purpose 
of this standard is to have one standard for measurement of energy of 
air cleaners. The standard is designed in such a way to maximize the 
validity, repeatability and reproducibility of the testing, and thus to 
give manufacturers, public information groups and consumers information 
to compare air cleaners. AHAM recognizes that not all consumers will 
operate their air cleaner at maximum speed or conditions all the time. 
While it is possible to test air cleaners at different speeds and 
settings, the difficulty is to arrive at a consistent speed or function 
setting on all air cleaners for multiple manufacturers. The most 
consistent measurement for all air cleaners is to test at the Maximum 
Performance Test Setting.''
    This informative note in AHAM AC-7-2022 Draft indicates that the 
requirement to perform testing at the maximum performance level 
provides the best balance among repeatability, reproducibility, and 
representativeness of test results at this time. For this reason, DOE 
has tentatively determined that maximum performance mode is the best 
approach currently established by the industry standard for producing 
test results during a representative average use cycle or period of 
use, while not being unduly burdensome to conduct. DOE is therefore 
proposing to adopt the active mode test provisions of AHAM AC-7-2022 
Draft, including the requirement to test at the maximum performance 
mode.
    DOE is aware that the AHAM task force has initiated an effort to 
develop test methods for automatic mode, and DOE is continuing to 
participate in this effort. If a test method to measure air cleaner 
performance when operating in automatic mode that produces results that 
are more representative of an average use cycle or period of use were 
to be developed, DOE would consider it in a future test procedure 
rulemaking.
    Specific proposals regarding the active mode measurement 
requirements are discussed in the following paragraphs.
    Section 5.3 of AHAM AC-7-2022 Draft specifies that all products 
shall be tested with the air cleaner set to the highest flow rate 
setting, also known as maximum performance mode. Additionally, Section 
5.3 of AHAM AC-7-2022 Draft specifies that for products that have air 
cleaning functionality beyond mechanical filtration (i.e., ionization, 
UV, etc.) the test unit shall be configured such that these features 
are enabled and set to the maximum level during active mode testing.
    DOE proposes to reference Section 5.3 of AHAM AC-7-2022 Draft 
regarding test unit setup requirements for testing in maximum 
performance mode.
    DOE requests comment on its proposal to reference Section 5.3 of 
AHAM AC-7-2022 Draft to test units in maximum performance mode.
4. Secondary Functions
    Section 5.4 of AHAM AC-7-2022 Draft specifies the configuration for 
secondary functions, which are unrelated to air cleaning (i.e., 
humidifier, ambient light, etc.). As these functions do not contribute 
to the air cleaning capabilities of the unit, they are switched off or 
disconnected for the duration of the test. If it is not possible to 
switch off or disconnect such functions, AHAM AC-7-2022 Draft states 
that these functions shall be set to their lowest power-consuming mode 
that is selectable when running the air cleaner at its maximum 
performance mode or highest fan speed. For customized control displays, 
AHAM AC-7-2022 Draft specifies that the test unit shall be configured 
to its default or as-shipped control setting intensity level, unless 
the panel lights are adjustable in intensity and are shipped in the off 
mode, in which case the control panel is run in the least-intensity 
mode that would keep it on for the test. DOE proposes to reference this 
requirement for the configuration of secondary functions.
    Section 5.5 of AHAM AC-7-2022 Draft specifies the configuration of 
control functions during active mode testing. Control functions include 
any programmable functions that may continue to be enabled when the 
primary function is inactive (i.e., clocks, Wi-Fi, remote controls, 
etc.). AHAM AC-7-2022 Draft states that control functions are intended 
to be on and connected to any communication network during active mode 
testing.
    DOE proposes to reference this requirement to specify that control 
functions shall be in on mode and connected to any communication 
network during active mode testing as specified in Section 5.5 of AHAM 
AC-7-2022 Draft.
    DOE requests comment on its proposal to reference Sections 5.4 and 
5.5 of AHAM AC-7-2022 Draft to specify the configuration of secondary 
functions and control functions during active mode testing.
5. Power Measurement Procedure
    Section 5.7 of AHAM AC-7-2022 Draft specifies the methods for 
measuring active mode power. These methods include measuring the power 
consumption when operating the test unit within the test chamber at the 
same time as the smoke CADR test and dust CADR test or by measuring the 
power consumption during a supplemental power test outside of a test 
chamber.
    More specifically, Section 5.7.1 of AHAM AC-7-2022 Draft specifies 
that the power consumption measurement can be conducted simultaneously 
with the smoke CADR or dust CADR test from Section 5.2.5 or 6.2.5 of 
AHAM AC-1-2020, respectively. Section 5.7.2 of AHAM AC-7-2022 Draft 
specifies an alternative method for measuring active mode power 
consumption, referred to as the ``supplemental'' test. This test can be 
used to determine the active mode power consumption outside of the test 
chamber used for smoke CADR and dust CADR testing. The supplemental 
power test specifies the same unit configuration and records power over 
a period of 15 minutes at no greater than 1 second intervals, averaging 
the power consumption over 13 minutes starting after the initial 2 
minutes. AHAM AC-7-2022 Draft additionally specifies that if the test 
unit has pollutant indicators and they do not light up when no 
pollutant is present in the air, but light up when detecting 
pollutants, then the test unit cannot be tested outside the chamber to 
measure active mode power consumption.
    Finally, Sections 5.7.3 and 5.7.4 of AHAM AC-7-2022 Draft specify 
the equations to determine the average active mode power consumption 
and the annual active mode energy use, respectively.
    DOE performed testing at a third-party laboratory to investigate 
the similarity

[[Page 63339]]

in power measurement between a test conducted simultaneously with the 
CADR measurement and a supplemental test performed outside of a test 
chamber. Testing was conducted on 11 units using smoke for the CADR 
test. Table III.1 shows the test results.

              Table III.1--Difference in Power Consumption Between Smoke Test and Supplemental Test
----------------------------------------------------------------------------------------------------------------
                                                                    Smoke test     Supplemental       Percent
                           Unit number                               power (W)    test power (W)    difference
----------------------------------------------------------------------------------------------------------------
1...............................................................            44.2            43.9            -0.7
2...............................................................            51.5            54.0            +4.7
3...............................................................            55.0            55.6            +1.1
4...............................................................            24.6            25.4            +3.2
5...............................................................            18.8            18.9            +0.3
6...............................................................            42.6            42.6            +0.1
7...............................................................             5.9             5.8            -1.4
8...............................................................            38.2            37.4            -2.2
9...............................................................            37.9            38.3            +1.2
10..............................................................            58.1            57.8            -0.5
11..............................................................            84.8            81.7            -3.6
                                                                 -----------------------------------------------
    Average Difference..........................................  ..............  ..............           +0.2%
----------------------------------------------------------------------------------------------------------------

    As indicated in Table III.1, the percent difference between power 
consumption measured during the smoke CADR test and the supplemental 
out-of-chamber test ranged from -3.7 percent to +4.9 percent, with an 
average of +0.2 percent. Based on these data, DOE has tentatively 
determined that the power consumption of the out-of-chamber 
supplemental power test is closely comparable to the in-chamber smoke, 
and likely dust, CADR tests because measured power using the maximum 
performance mode is not significantly impacted by whether a particle is 
present. Accordingly, DOE proposes to reference Sections 5.7.1 through 
5.7.4 of AHAM AC-7-2022 Draft to measure active mode power either in 
the test chamber (Section 5.7.1) at the same time as the smoke or dust 
CADR test or outside the chamber (Section 5.7.2) as a supplemental 
power test and to calculate average power (Section 5.7.3) and annual 
active mode energy use (Section 5.7.4).
    DOE requests comment on its proposal to reference Sections 5.7.1 
through 5.7.4 of AHAM AC-7-2022 Draft, which specify methods for 
measuring active mode power at the same time as the smoke or dust CADR 
test when the test unit is operating within the chamber and measuring 
the power consumption during a supplemental power test outside of a 
test chamber, respectively.
6. Pollen CADR
    To enable consistent and meaningful representations of metrics most 
desirable to consumers, DOE is considering including an additional test 
to determine pollen CADR. Similar to dust and smoke CADR, pollen CADR 
provides a measurement of the air cleaner's performance to remove 
pollen from indoor air. Pollen CADR typically increases with increasing 
air cleaner energy use, and therefore DOE believes this is an 
appropriate metric to measure. Further, according to the Asthma and 
Allergy Foundation of America more than 50 million people in the United 
States experience various types of allergies each year and allergies 
are the sixth leading cause of chronic illness in the United 
States.\29\ Further, pollen is one of the most common environmental 
allergens to trigger an allergic reaction. Accordingly, many air 
purifiers are marketed as providing pollen removal. DOE notes that the 
ENERGY STAR V. 2.0 Specification requires reporting of pollen CADR. 
Therefore, DOE believes it is important that any representation related 
to an air cleaner's pollen CADR performance must be made based on 
testing conducted in a repeatable and representative manner. 
Accordingly, DOE is proposing to include the pollen CADR measurement 
test specified in Section 7 of AHAM AC-1-2020.
---------------------------------------------------------------------------

    \29\ Asthma and Allergy Foundation of America. Allergy Facts and 
Figures. www.aafa.org/allergy-facts/.
---------------------------------------------------------------------------

    Section 7 of AHAM AC-1-2020 specifies the test procedure for 
determining paper mulberry pollen CADR. The method for measuring pollen 
CADR is the same as dust CADR and smoke CADR; however, the test 
duration is only 10 minutes compared to 20 minutes for the smoke test 
and dust test. The reduced test duration is specified because pollen 
decays faster than both dust and smoke and thus only 10 minutes is 
necessary to determine pollen CADR. All other test conditions remain 
the same including the test chamber, use of a recirculation and ceiling 
fan, and test equipment.
    As discussed in section III.A of this NOPR, Section 2 of AHAM AC-1-
2020 specifies the test procedure being applicable only to air cleaners 
within rated CADR ranges of 10 to 600 cfm for dust and cigarette smoke 
and 25 to 450 cfm for pollen. Given that DOE is proposing to reference 
the AHAM industry standards for the DOE air cleaner test procedure, 
including the pollen CADR test, DOE requests comment on whether it 
should also specify that the acceptable pollen CADR range from AHAM AC-
1-2020 applies for measurements of pollen CADR. Specifically, DOE would 
consider specifying that the pollen CADR test is applicable for 
conventional room air cleaners with pollen CADR between 25 and 450 cfm.
    Because this test is currently specified in the ENERGY STAR V. 2.0 
Specification, DOE expects it would minimally increase test burden 
compared to the tests required for smoke CADR and dust CADR. While DOE 
is proposing to include only a pollen CADR test, it requests comment on 
whether it should also include an active mode power measurement 
associated with the pollen CADR test and specify a pollen CADR/W 
metric. If a pollen CADR/W metric is considered, DOE also welcomes 
comment on whether this measurement should be based only on active mode 
power consumption or if it should be calculated in a similar manner to 
the IEF metric, using energy consumption in both active mode and 
standby mode as opposed to active mode power.
    DOE requests comment on its proposal to reference Section 7 of

[[Page 63340]]

AHAM AC-1-2020 for the pollen CADR measurement test.
    DOE requests comment and data on the relationship between the 
pollen CADR measurement and the energy use of the air cleaner.
    DOE requests comment on whether it should reference Section 2 of 
AHAM AC-1-2020, which specifies that the standard is applicable for air 
cleaners with pollen CADR of 25 to 450 cfm, for pollen CADR testing.
    DOE also requests comment on whether it should specify measurement 
of active mode power consumption when conducting the pollen CADR 
measurement test.
    DOE requests comment on whether it should consider specifying a 
pollen CADR/W metric and whether such a metric should be based on 
active mode power consumption or include energy consumption in both 
active mode and standby mode.
7. Consumer Use Hours
    In the January 2022 RFI, DOE requested comment on consumer usage of 
air cleaners, in particular, the amount of time spent in active mode, 
standby mode, and off mode. 87 FR 3702, 3710. DOE requested comment on 
its example approach of defining an integrated CADR/W metric, in which 
the denominator would represent a weighted average of the power 
consumption associated with active mode, standby mode, and off mode, 
weighted by the amount of time spent in each mode. Id.
    In response to the January 2022 RFI, Blueair supported the use of 
the active mode and standby mode hours specified in ENERGY STAR V. 2.0 
Specification, which assumes 16 active mode hours per day and 8 
inactive mode hours per day, to calculate the annual energy consumption 
of qualifying air cleaners. (Blueair, No. 11 at p. 3) Daikin commented 
that DOE's assumption that an air cleaner runs at 100-percent capacity 
for 16 hours a day is flawed and asserted that most air cleaners 
currently on the market are recommended by the manufacturer to operate 
in automatic mode, which runs the unit at 100-percent capacity only 
when indoor air quality drops. (Daikin, No. 13 at pp. 2-3) The CA IOUs 
presented data from a survey conducted by Evergreen Economics, which 
indicated a wide range of active mode operating hours: 23 percent of 
respondents reported operating their air cleaners all day (i.e., 24 
hours), while 53 percent of respondents reported operating their air 
cleaners for 6 hours or fewer each day. The CA IOUs further stated that 
DOE should consider the prevalence of automatic mode and the time spent 
in each mode when determining appropriate weighting factors. (CA IOUs, 
No. 10 at p. 8)
    AHAM AC-7-2022 Draft Section 5.7.4 specifies the calculation for 
Eactive, which is used to convert the power consumption 
measurement to an energy consumption value. To calculate 
Eactive, AHAM AC-7-2022 Draft estimates that an air cleaner 
spends 5,840 annual hours in active mode, which is equivalent to 16 
hours per day.
    DOE is proposing to align with the estimated active mode annual 
hours specified in AHAM AC-7-2022 Draft (corresponding to 16 hours per 
day) and consistent with the ENERGY STAR V. 2.0 specification. As 
discussed, the informative note in Section 1 of AHAM AC-7-2022 Draft 
acknowledges that not all consumers will operate their air cleaner at 
maximum speed or conditions all the time. For the reasons discussed in 
section III.F.3 of this document, DOE has tentatively determined, in 
accordance with AHAM AC-7-2022 Draft, that the most consistent 
measurement for all air cleaners is to test in the maximum performance 
mode and is proposing to allocate the same active mode annual hours in 
the proposed new appendix FF as in AHAM AC-7-2022 Draft. DOE is aware 
that the AHAM task force is initiating an effort to develop test 
methods for automatic mode. DOE will continue to participate in this 
effort and may consider any such method, including any associated 
active mode annual hours, in a future test procedure rulemaking.
    DOE requests comment on its proposal to reference Section 5.7.4 of 
AHAM AC-7-2022 Draft, which specifies the calculation of active mode 
energy consumption using an estimated 5,840 hours per year in active 
mode.

G. Standby Mode Testing

    In the January 2022 RFI, DOE requested comment on the suitability 
of the standby power measurement procedure specified in AHAM AC-1-2020, 
IEC 62301 Ed. 2.0, or any other test method for measuring standby mode 
and off mode energy use of air cleaners, in light of EPCA's requirement 
in 42 U.S.C. 6295(gg)(2)(A) for DOE to consider the most current 
version of IEC Standard 62301. 87 FR 3702, 3709.
    The CA IOUs commented that DOE should test standby power in the as-
shipped condition, with any manufacturer's recommended settings for 
normal use enabled. (CA IOUs, No. 10 at p. 8) As discussed further in 
this section, DOE is proposing to reference the relevant sections of 
AHAM AC-7-2022 Draft pertaining to the standby power measurement, which 
includes the specification that standby power be tested in the as-
shipped condition.
    Synexis commented that a standby mode power test may provide 
baseline energy use data, but maximum energy utilization would occur 
when the air cleaner is operating, and that many air cleaners are 
intended to operate continuously. (Synexis, No. 9 at p. 3) Synexis 
further commented that if standby mode power is tested, the test time 
period would need to be 24 hours to provide meaningful results. 
(Synexis, No. 9 at p. 5) DOE has initially determined based on 
stakeholder comments and a review of existing test standards that 
testing an air cleaner in standby mode would be representative of 
average use. Further, as noted in section III.F.7 of this document, DOE 
is proposing to align with the estimated active mode annual hours 
specified in AHAM AC-7-2022 Draft (corresponding to 16 hours per day). 
AHAM AC-7-2022 Draft additionally estimates the remaining hours in a 
day are spent in standby mode (i.e., 8 hours per day in standby mode). 
DOE is proposing to align with the estimated standby mode annual hours 
specified in AHAM AC-7-2022 Draft. DOE additionally notes that IEC 
63201 Ed. 2.0, which EPCA requires to be considered by DOE, specifies a 
maximum duration of 3 hours for standby mode testing. DOE specifies use 
of IEC 63201 Ed. 2.0 for measuring the standby power of numerous other 
consumer products and finds the procedure to be suitable for providing 
a repeatable, reproducible, and representative measure of standby 
power. Based on successful application of IEC 63201 Ed. 2.0 for other 
consumer products, DOE tentatively concludes that requiring a 24-hour 
time period for measuring standby power would be unduly burdensome.
    DOE notes that while the January 2022 RFI requested comment on the 
use of AHAM AC-1-2020 or IEC 62301 Ed. 2.0, AHAM AC-7-2022 Draft 
references IEC 62301 Ed. 2.0 for conducting standby mode tests. Section 
6 of AHAM AC-7-2022 Draft defines the setup and procedures to measure 
air cleaner standby mode power consumption. DOE proposes to incorporate 
by reference all subsections of Section 6 of AHAM AC-7-2022 Draft, 
which establish conditions of measurement, preparation of the air 
cleaner model for testing, test procedure, test results, and the annual 
combined low power mode energy consumption calculations.
    Section 6.3 of AHAM AC-7-2022 Draft references Section 5.3 of IEC 
62301 Ed. 2.0 for the procedure to

[[Page 63341]]

measure standby mode power. Sections 6.4.1 and 6.4.2 of AHAM AC-7-2022 
Draft define measurements for inactive mode power, PIA, and off mode 
power, POM, respectively. DOE proposes to reference Section 6.4 of AHAM 
AC-7-2022 Draft.
    Section 6.5 of AHAM AC-7-2022 Draft defines an annual combined low 
power mode energy consumption calculation based on PIA and POM as 
follows:

ETLP = {PIA x SIA + POM x 
SOM{time}  xK

where:

P1A = air cleaner inactive mode power, in W, for air cleaners 
capable of operating in inactive mode; otherwise, P1A = 0,
POM = air cleaner off mode power, in W, for air cleaners capable of 
operating in off mode; otherwise, POM = 0,
SIA = annual hours in inactive mode and defined as 
SLP if no off mode is possible, [SLP/2] if both inactive 
mode and off mode are possible, and 0 if no inactive mode is 
possible,
SOM = annual hours in off mode and defined as LPLP if no inactive 
mode is possible, [SLP/2] if both inactive mode and off mode are 
possible, and 0 if no off mode is possible,
K = 0.001 kWh/Wh conversion factor for Wh to kWh.
SLP = 2,920 air cleaner inactive mode annual hours

    Consistent with the active mode energy consumption calculation, 
AHAM AC-7-2022 Draft specifies 2,920 annual hours in standby mode, 
which is equivalent to 8 hours per day and is consistent with the 
estimated standby mode hours specified in the ENERGY STAR V. 2.0 
Specification. Accordingly, DOE proposes to reference these 
requirements for standby mode.
    DOE requests feedback on its proposal to reference Section 6 of 
AHAM AC-7-2022 Draft to determine annual combined low power mode energy 
consumption.

H. Integrated Energy Factor Metric

    In the January 2022 RFI, DOE requested comment on the technical 
feasibility of integrating measures of standby mode and off mode energy 
consumption into the overall energy efficiency metric (i.e., creating 
an integrated metric) for air cleaners. 87 FR 3702, 3710. In 
particular, DOE requested comment on its example approach of defining 
an integrated CADR/W metric, in which the denominator would represent a 
weighted average of the power consumption associated with active mode, 
standby mode, and off mode, weighted by the amount of time spent in 
each mode. Id.
    The Joint Commenters stated that it is technically feasible to 
integrate standby mode and off mode energy consumption into the overall 
energy efficiency metric and intend to propose a method to do so in the 
future. (Joint Commenters, No. 8 at p. 4)
    Blueair commented that CADR/W was the appropriate metric to 
determine air cleaner efficiency as a function of the unit's 
performance output. (Blueair, No. 11 at pp. 2-4) Trane commented that 
the integrated CADR/W metric is appropriate and stated that additional 
metrics should be considered as well, such as noise thresholds to avoid 
occupant space disruption and lack of use. (Trane, No. 3 at p. 2) DOE 
is aware that noise and noise reduction is an important representation 
for air cleaners; however, DOE has initially determined that noise is 
unrelated to energy consumption and is therefore not a suitable 
performance metric for DOE's test procedure.
    Synexis stated that CADR/W would not be an effective metric for air 
cleaners that do not utilize filtration (e.g., air cleaners that 
destroy microorganisms or particulates) and commented that a metric 
expressed in square feet per watt would be more representative. 
(Synexis, No. 9 at p. 6) Synexis also commented that a systemic 
approach, which accounts for a device's power use, capacity, and 
environment in which the device is working to improve air quality, 
should be adopted to evaluate air cleaners. (Id. at p. 7)
    The CA IOUs commented that an integrated performance metric that 
appropriately allocates active, standby, and off mode operating hours 
should be implemented for air cleaners and that it is technically 
feasible to integrate measures of standby and off mode energy 
consumption into an overall performance metric for air cleaners. The CA 
IOUs further commented that DOE should review survey information when 
allocating hours to active mode and standby modes for the calculation 
of an IEF. (CA IOUs, No. 10 at p. 8)
    DOE's analysis shows that it is technically feasible to integrate 
active mode and standby mode energy consumption into an overall 
performance metric for air cleaners. Specifically, active mode and 
standby mode power consumption can be combined into the AEC metric 
using the respective estimated annual usage hours. Further, to express 
air cleaner performance as a function of its power use, DOE's analysis 
shows that an integrated metric, such as IEF, is technically feasible. 
This approach is similar to other DOE test procedures, such as room air 
conditioners and dehumidifiers, which specify a metric that is 
expressed as space conditioning function provided per unit power. DOE 
additionally notes that all products included in the scope of the 
proposed test procedure are those that could remove, destroy, and/or 
deactivate particulates. Accordingly, a CADR/W metric is appropriate. 
Additionally, DOE is proposing to include a calculation for 
representation of room size, in square feet, as discussed in section 
III.I of this document.
    DOE proposes to incorporate by reference Section 7 of AHAM AC-7-
2022 Draft, which provides a calculation to determine AEC and IEF for 
air cleaners as follows:
[GRAPHIC] [TIFF OMITTED] TP18OC22.012


[[Page 63342]]


where,

CADR = PM2.5 Clean air delivery rate from the combined smoke and 
dust test [cfm]
Eactive = air cleaner active mode test energy consumption 
(in kWh per year).
ETLP = low power mode annual energy consumption (expressed in kWh 
per year).

    DOE requests comment on its proposal to reference Section 7 of AHAM 
AC-7-2022 Draft for the AEC and IEF calculations. Should AHAM AC-7-2022 
Draft specify a different method to calculate AEC and/or IEF, DOE 
requests comment on the new methodology, the reasons for adopting this 
new methodology, and the impact, if any, of using the new methodology 
compared to the equations proposed in this document.

I. Representations

    DOE is aware that air cleaner manufacturers typically include 
several representations in marketing materials for their air cleaner 
models (e.g., smoke CADR, dust CADR, pollen CADR, CADR/W, room size, 
etc.) DOE has observed that room size is represented in different ways 
among various models and different values of suitable room sizes may be 
specified even for the same model. As an illustrative example, DOE 
identified a model that is marketed for a large room up to 912 square 
feet, when completing one air change per hour and taking up to 60 
minutes to clean air, while the same air cleaner is also represented as 
being suitable for a room size of 190 square feet with 4.8 air changes 
per hour and taking about 12.5 minutes to clean air. Further, this unit 
is rated in the AHAM Verifide \30\ program as being applicable for a 
room size of 190 square feet. It is unlikely that the acceptable room 
size for an air cleaner of a given capacity can be increased 
proportionally, potentially to infinity, in such a manner, without 
having an impact on the cleaning performance of the air cleaner.
---------------------------------------------------------------------------

    \30\ AHAM Verifide. https://ahamverifide.org/directory-of-air-cleaners/.
---------------------------------------------------------------------------

    Room size would strongly impact the capacity of the air cleaner 
that would be required to clean the air in the desired room. For 
instance, if the air cleaner is too small compared to the size of the 
room it is being used in, it will be ineffective, thus providing low 
efficiency. Conversely, if an air cleaner is too big for the room that 
it is operated in, it will clean the air very quickly and still 
continue operating, leading to wasted energy use. Therefore, it is 
important that an air cleaner be selected such that its capacity 
(expressed in terms of its CADR) is appropriate for the size of the 
room that it is intended to be used in. Additionally, for any air 
cleaner, the represented values of CADR and IEF are inherently a 
function of the room size that the unit is expected to operate in; 
i.e., the represented CADR value is inherently a function of the test 
chamber size, number of air exchanges provided, and the initial 
concentration of the contaminant. Accordingly, DOE considers room size 
an important metric that must be represented accurately and 
consistently to provide meaningful information to consumers.
    Section 8.6 and Annex E of AHAM AC-1-2020 specify a calculation for 
the effective room size based on standard construction criteria for 
rooms and a history of the natural decay rate of small particles as 
determined for cigarette smoke. Specifically, the room size calculation 
is based on the ability of the air cleaner to reduce the concentration 
of particles, expressed in CADR, in a room at steady-state to a new 
steady-state concentration that is 80 percent less than the original 
when the air cleaner is operating. The calculation includes additional 
assumptions such as a mixing factor equal to 1.0, an air exchange rate 
of 1 per hour, a cigarette smoke particle natural decay equal to the 
average background natural decay (from statistical study), a ceiling 
height of 8 ft, and a cigarette smoke particle generation or influx 
rate such that a cigarette smoke particle concentration of 1 is 
maintained at the initial steady state. Based on its estimations, AHAM 
AC-1-2020 specifies that the effective room size, in square feet, that 
can be serviced by an air cleaner is 1.55 times the smoke CADR value of 
the air cleaner.
    DOE is proposing to include this calculation as a represented value 
for room size. Specifically, DOE is proposing to include in 10 CFR 
429.67 that the effective room size be calculated as the product of 
1.55 and the basic model's represented value of smoke CADR. DOE further 
proposes that this represented value of effective room size, in square 
feet, be rounded to the nearest whole number.
    While DOE is proposing to align with AHAM AC-1-2020 to specify that 
the effective room size be calculated from smoke CADR, DOE welcomes 
comment on if it should consider using PM2.5 CADR, or a 
different CADR value, instead.
    DOE requests comment on its proposal to include a calculation from 
AHAM AC-1-2020 for the effective room size that can be serviced by an 
air cleaner. DOE requests comment on whether it is appropriate to use 
smoke CADR as the metric to calculate effective room size or if it 
should be based on PM2.5 CADR instead. If stakeholders 
indicate the use of PM2.5 CADR, DOE requests comment on 
whether multiplying PM2.5 CADR by 1.55 to determine 
effective room size in square feet is appropriate or if a different 
constant would need to be used instead.

J. Sampling Plan

    DOE is proposing the following sampling plan and rounding 
requirements applicable to any representations of energy consumption or 
energy efficiency of air cleaners. The sampling requirements would be 
included in the proposed 10 CFR 429.67. Specifically, DOE is proposing 
that the general sampling requirements of 10 CFR 429.11 for selecting 
units to be tested be applicable to air cleaners. In addition, DOE is 
proposing that for each air cleaner basic model, a sufficient sample 
size must be randomly selected to ensure that a representative value of 
energy consumption for a basic model is greater than or equal to the 
higher of the mean of the sample or upper 95 percent confidence limit 
(``UCL'') of the true mean divided by 1.10. For IEF or other measure of 
energy consumption where a higher value is preferable to the consumer, 
the representative value shall be less than or equal to the lower of 
the mean of the sample or the lower 95 percent confidence limit 
(``LCL'') of the true mean divided by 0.90. The mean, UCL, and LCL are 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP18OC22.013

[GRAPHIC] [TIFF OMITTED] TP18OC22.014


Where:
x is the sample mean;
n is the number of units in the test sample;
xi is the ith sample;
s is the sample standard deviation; and
t0.95 is the t statistic for a 95 percent one-tailed 
confidence interval with n-1 degrees of freedom.

    This proposed sampling plan for air cleaners is consistent with 
sampling plans already established for portable

[[Page 63343]]

air conditioners,\31\ dehumidifiers \32\ and other similar products 
that are portable and/or provide space conditioning functionality.
---------------------------------------------------------------------------

    \31\ 10 CFR 429.62.
    \32\ 10 CFR 429.36.
---------------------------------------------------------------------------

    DOE also proposes that all calculations be performed with the 
unrounded measured values, and that representations of pollen CADR, 
smoke CADR, dust CADR, and PM2.5 CADR values of a basic 
model be calculated as the mean of the CADR for each tested unit of the 
basic model, rounded to the nearest whole number. DOE further proposes 
that AEC be rounded to the nearest 0.1 kWh/year and the IEF be rounded 
to the nearest 0.1 CADR/W. As noted previously, DOE also proposed that 
the effective room size be rounded to the nearest whole number. DOE 
notes that these rounding instructions would be included in the 
proposed sampling plan for air cleaners.
    As discussed, manufacturers would not be required to test according 
to the DOE test procedure until such time as compliance is required 
with energy conservation standards for air cleaners, should DOE 
establish such standards. Were DOE to establish test procedures as 
proposed, manufacturers choosing to make voluntary representations 
would be required to test the subject air cleaner according to the 
established test procedure, and any such representations would have to 
fairly disclose the results of such testing.
    DOE is not proposing any certification or reporting requirements 
for air cleaners at this time. DOE will propose certification 
requirements through a separate rulemaking in the future.
    DOE seeks comment on the proposed sampling plan and rounding 
requirements for smoke CADR, dust CADR, PM2.5 CADR, AEC, and 
IEF.

K. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE proposes to reference 
industry standards AHAM AC-7-2022 Draft, AHAM AC-1-2020, and IEC 62301 
Ed. 2.0 to measure pollen CADR, smoke CADR, dust CADR, and active mode 
and standby mode power consumption. DOE also proposes to use these 
measured values to calculate PM2.5 CADR, AEC, and IEF as 
specified in AHAM AC-7-2022 Draft and effective room size as specified 
in AHAM AC-1-2020. The following paragraphs discuss DOE's evaluation of 
estimated costs associated with this proposal.
    Based on quotes from third-party laboratories, DOE estimates 
average testing costs to be approximately $3,000 to test one unit 
according to AHAM AC-1-2020 at such a laboratory. These costs would 
include the tests to determine pollen CADR, smoke CADR, dust CADR, 
active mode power, and standby mode power. DOE typically requires at 
least two units to be tested for each basic model. Therefore, DOE 
estimates that manufacturers would incur testing costs of approximately 
$6,000 per basic model (because of the minimum sample size of two 
units, as specified in 10 CFR 429.11(b)).
    DOE requests comment on its initial determination of the costs for 
testing according to the proposed new air cleaner test procedure. DOE 
also requests comment on the potential impact to manufacturers from the 
proposed new air cleaner test procedure.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8 of appendix A of 10 CFR 
part 430 subpart C. In cases where the industry standard does not meet 
EPCA statutory criteria for test procedures, DOE will make 
modifications through the rulemaking process to these standards as the 
DOE test procedure.
    The test procedure for air cleaners at the proposed new appendix FF 
references AHAM AC-7-2022 Draft, which specifies the methods of 
measurement for active mode power consumption of conventional room air 
cleaners, and IEC 62301 Ed. 2.0, which is referenced in AHAM AC-7-2022 
Draft for the measurement of standby mode power consumption. Proposed 
new appendix FF also references AHAM AC-1-2020, which specifies the 
methods to determine smoke CADR and dust CADR and is also referenced in 
AHAM AC-7-2022 Draft to specify the test chamber setup requirements. 
AHAM AC-7-2022 Draft specifies definitions, test setup, 
instrumentation, test methods for the measurement of active mode and 
standby mode power consumption, and calculation of AEC and IEF. The 
industry standards DOE proposes to incorporate by reference are 
discussed in further detail in section IV.N of this document.
    DOE requests comments on the benefits and burdens of referencing 
the identified industry standards in the proposed new test procedure 
for air cleaners.

L. Compliance Date

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2))
    If DOE were to publish a test procedure, EPCA provides an allowance 
for individual manufacturers to petition DOE for an extension of the 
180-day period if the manufacturer may experience undue hardship in 
meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing

[[Page 63344]]

information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this proposed regulatory action 
is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel. DOE 
reviewed this proposed rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003.
    The following sections detail DOE's IRFA for this test procedure 
rulemaking.
1. Description of Why Action is Being Considered
    Currently, no energy conservation standards or test procedures are 
prescribed by DOE for air cleaners. On July 15, 2022, DOE published the 
July 2022 Final Determination in which it determined that air cleaners 
qualify as a ``covered product'' under EPCA. 87 FR 42297. DOE 
determined in the July 2022 Final Determination that coverage of air 
cleaners is necessary or appropriate to carry out the purposes of EPCA. 
Accordingly, air cleaners are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures. (42 U.S.C. 6292)(a)(20)) In 
this NOPR, DOE proposes to establish a new test procedure for air 
cleaners that would include methods to (1) measure the performance of 
the covered product and (2) use the measured results to calculate an 
IEF to represent the energy efficiency of an air cleaner.
2. Objective of, and Legal Basis for, Rule
    EPCA, 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 \33\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, 
which sets forth a variety of provisions designed to improve energy 
efficiency for certain products, referred to as ``covered products.'' 
\34\ In addition to specifying a list of consumer products that are 
covered products, EPCA contains provisions that enable the Secretary of 
Energy to classify additional types of consumer products as covered 
products.
---------------------------------------------------------------------------

    \33\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \34\ The enumerated list of covered products is at 42 U.S.C. 
6292(a)(1)-(19).
---------------------------------------------------------------------------

3. Description and Estimate of Small Entities Regulated
    DOE uses the Small Business Administration (``SBA'') small business 
size standards to determine whether manufacturers qualify as ``small 
businesses,'' which are listed by the North American Industry 
Classification System (``NAICS''). The SBA considers a business entity 
to be a small business if, together with its affiliates, it employs 
less than a threshold number of workers specific in 13 CFR part 121.
    Air cleaner manufacturers, who produce the products covered by this 
rulemaking, are classified under NAICS code 335210: ``Small Electrical 
Appliance Manufacturing.'' The SBA sets a threshold of 1,500 employees 
or fewer for an entity to be considered a small business for this 
category.\35\ This employee threshold includes all employees in a 
business's parent company and any other subsidiaries.
---------------------------------------------------------------------------

    \35\ U.S. Small Business Administration. Table of Size Standards 
(Effective July 14, 2022). Available at: www.sba.gov/document/support-table-size-standards (Last accessed September 1, 2022).
---------------------------------------------------------------------------

    DOE conducted a focused inquiry into small business manufacturers 
of the products covered by this rulemaking. DOE reviewed AHAM's 
database of Certified Room Air Cleaners,\36\ ENERGY STAR's data set of 
Certified Air Purifiers (Cleaners),\37\ and retailer websites to create 
a list of companies that manufacture or import the products covered by 
this proposal. DOE then consulted other publicly available data, such 
as manufacturer specifications and product literature, import/export 
logs (e.g., bills of lading from Panjiva,) \38\ and model numbers, to 
identify original equipment manufacturers (``OEMs'') of the products 
covered by this proposed rulemaking. DOE further relied on public 
sources and subscription-based market research tools (e.g., Dun & 
Bradstreet reports) \39\ to determine company location, headcount, and 
annual revenue. DOE screened out companies that do not offer products 
covered by this proposed rulemaking, do not meet the SBA's definition 
of a ``small business,'' or are foreign-owned and operated.
---------------------------------------------------------------------------

    \36\ Association of Home Appliance Manufacturers. Certified Room 
Air Cleaners. Available at: www.ahamdir.com/room-air-cleaners/ (Last 
accessed January 24, 2022).
    \37\ Energy Star. ENERGY STAR Certified Air Purifiers 
(Cleaners). Available at: www.energystar.gov/productfinder/product/certified-room-air-cleaners/results (Last accessed May 31, 2022).
    \38\ Panjiva Supply Chain Intelligence is available at: 
panjiva.com/import-export/United-States. (Last accessed July 8, 
2022).
    \39\ The Dun & Bradstreet Hoovers subscription login is 
available online at: app.dnbhoovers.com/. (Last accessed July 8, 
2022).
---------------------------------------------------------------------------

    DOE initially identified 31 OEMs offering covered air cleaners for 
the U.S. market. Of the 31 OEMs identified, DOE estimates that five 
qualify as small domestic OEMs.
4. Description and Estimate of Compliance Requirements
    In this NOPR, DOE proposes to establish a new test procedure for 
air cleaners at appendix FF. DOE proposes to incorporate by reference 
in part 430 the industry standards AHAM AC-7-2022 Draft, AHAM AC-1-
2020, and IEC 62301 Ed. 2.0. Specifically, DOE proposes to specify the 
following provisions from within the referenced industry standards:
    (1) From AHAM AC-7-2022 Draft, the following items:
    (a) Definition of ``conventional room air cleaners'' in 10 CFR 
430.2, which would be used to specify the scope of the air cleaners 
test procedure in the proposed new appendix FF;
    (b) Definitions of terms that are relevant to the test procedure;

[[Page 63345]]

    (c) Test setup requirements for electrical supply and test chamber, 
which additionally include a reference to AHAM AC-1-2020;
    (d) Instrumentation requirements for power measuring instruments 
and temperature and relative humidity measuring devices;
    (e) Active mode and standby mode power measurements; the standby 
mode power measurement method additionally includes a reference to IEC 
62301 Ed. 2.0 for the test conduct; and
    (f) Calculations for PM2.5 CADR, AEC, and IEF.
    (2) From AHAM AC-1-2020, test methods for determining the pollen 
CADR, smoke CADR, and dust CADR, calculation of effective room size, 
and test chamber construction and equipment.
    This NOPR also proposes requirements regarding the sampling plan 
and representations for air cleaners at 10 CFR 429.67. DOE also 
proposes rounding requirements for the measured and calculated values 
of the air cleaners test procedure.
    Were the proposed test procedure and associated provisions made 
final, manufacturers would not be required to test according to the DOE 
test procedure until such time as compliance is required with energy 
conservation standards for air cleaners, should DOE establish such 
standards. Were DOE to establish test procedures as proposed, 
manufacturers choosing to make voluntary representations would be 
required to test covered air cleaners according to the established test 
procedure, and any such representations would have to fairly disclose 
the results of such testing.
    Air cleaner manufacturers, including small manufacturers, would not 
be required to test according to the proposed test procedure (other 
than making voluntary representations of energy consumption) until the 
compliance date of any energy conservation standards for products in 
these categories. As detailed in section III.K.1 of this document, DOE 
estimated that it would cost approximately $3,000 to test one unit of a 
basic model to obtain all the necessary measurements proposed in this 
document.\40\ DOE typically requires at least two units to be tested 
for each basic model. Therefore, DOE estimates that manufacturers would 
incur testing costs of approximately $6,000 per basic model, should DOE 
establish the test procedure as proposed and establish energy 
conservation standards for air cleaners.
---------------------------------------------------------------------------

    \40\ Approximately $3,000 to test each air cleaner at a third-
party laboratory equipped with the test chamber to determine pollen 
CADR, smoke CADR, dust CADR, active mode power and standby mode 
power.
---------------------------------------------------------------------------

    As previously discussed, DOE initially identified five domestic 
OEMs that qualify as ``small businesses.'' Based on a review of 
publicly available model databases and individual company product 
catalogues, DOE estimated the number of air cleaners covered by this 
test procedure proposal for each small business. DOE estimated the 
number of air cleaners covered by this test procedure proposal for each 
small business ranges from two unique basic covered models to 10 unique 
basic covered models, depending on the specific small business. As 
previously detailed, DOE estimated it would cost air cleaner 
manufacturers approximately $6,000 per basic model to be tested at a 
third-party laboratory facility. Therefore, DOE estimated that a small 
business could incur anywhere from $12,000 to $60,000, should DOE adopt 
the test procedure as proposed and establish energy conservation 
standards.
    DOE used subscription-based market research tools \41\ to estimate 
the annual revenue for each potential small business. DOE used these 
annual revenue estimates in addition to the number of air cleaner 
models covered by this proposal to estimate the potential impact on 
small businesses, should energy conservation standards be adopted in 
the future. Table IV.1 displays the potential testing costs these small 
businesses would incur at the time of compliance of any adopted energy 
conservation standards. DOE would reassess and incorporate the 
potential testing burden on small businesses at the NOPR stage of any 
proposed energy conservation standards for air cleaners.
---------------------------------------------------------------------------

    \41\ The Dun & Bradstreet Hoovers subscription login is 
available online at: app.dnbhoovers.com/. (Last accessed July 8, 
2022).

              Table IV.1--Estimated Potential Testing Burden on Small Businesses, by Annual Revenue
----------------------------------------------------------------------------------------------------------------
                                                                                                   Testing cost
                                                    Estimated        Number of       One-time      as a percent
                 Small business                   annual revenue      models       testing cost      of annual
                                                       ($)                              ($)         revenue (%)
----------------------------------------------------------------------------------------------------------------
Manufacturer A.................................        1,000,000              10          60,000             6.0
Manufacturer B.................................        1,300,000              10          60,000             4.6
Manufacturer C.................................          500,000               2          12,000             2.4
Manufacturer D.................................        3,600,000               5          30,000             0.8
Manufacturer E.................................       19,600,000               4          24,000             0.1
----------------------------------------------------------------------------------------------------------------

    To the extent that air cleaner manufacturers currently make claims 
regarding the energy consumption of their models, DOE observed that 
they typically do so in accordance with ENERGY STAR V. 2.0 
Specification, which references AHAM AC-1-2020. Manufacturers currently 
making voluntary representations of air cleaners would be required to 
test according to the proposed test procedure beginning 180 days after 
the final rule, should DOE finalize the proposal.
    Based on a review of AHAM's database of Certified Room Air Cleaners 
and ENERGY STAR's data set of Certified Air Purifiers, DOE identified 
only one small domestic OEM making claims regarding the energy 
consumption of their air cleaner models. Based on Dun & Bradstreet 
reports, this small domestic OEM has an estimated annual revenue of 
approximately $3.6 million. As previously discussed, DOE estimates a 
per-basic model test cost of $6,000. Therefore, DOE estimates that the 
potential costs associated with re-testing would be minimal, accounting 
for approximately 0.5 percent of annual revenue for this small 
business.\42\
---------------------------------------------------------------------------

    \42\ The small domestic OEM currently makes claims regarding the 
energy consumption of three air cleaner models. (3 x $6,000)/$3.6 
million = 0.5% of its annual revenue.
---------------------------------------------------------------------------

    DOE requests comments on its finding that there are five small, 
domestic OEMs of air cleaners. DOE also requests comment on its 
findings that costs are small relative to annual revenue for

[[Page 63346]]

small manufacturers that currently make voluntary representations.
5. Duplication Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the proposed rule being considered.
6. Significant Alternatives to the Rule
    DOE considered alternative test methods for air cleaners and 
tentatively determined that there are no better alternatives than the 
procedures proposed in this NOPR. DOE expects the proposals outlined 
would have no impact before an amended energy conservation standard is 
adopted, unless manufacturers make representations regarding energy use 
or efficiency. DOE examined relevant industry test standards, and the 
Department incorporated these standards in the proposed test procedure 
whenever appropriate. Specifically, DOE proposes to incorporate by 
reference the industry standards AHAM AC-7-2022 Draft, AHAM AC-1-2020, 
and IEC 62301 Ed. 2.0.
    Additionally, manufacturers subject to DOE's energy efficiency 
standards may apply to DOE's Office of Hearings and Appeals for 
exception relief under certain circumstances. Manufacturers should 
refer to 10 CFR part 430, subpart E, and 10 CFR part 1003 for 
additional details for additional details.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of covered products must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment. (See generally 10 CFR part 
429.) The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (``PRA''). This requirement has been approved 
by OMB under OMB control number 1910-1400. Public reporting burden for 
the certification is estimated to average 35 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    DOE is not proposing any certification or reporting requirements 
for air cleaners in this NOPR. Instead, DOE may consider proposals to 
establish certification requirements and reporting for air cleaners 
under a separate rulemaking regarding appliance and equipment 
certification. DOE will address changes to OMB Control Number 1910-1400 
at that time, as necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this NOPR, DOE proposes a new test procedure that it expects 
will be used to develop and implement future energy conservation 
standards for air cleaners. DOE has determined that this rule falls 
into a class of actions that are categorically excluded from review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a

[[Page 63347]]

proposed regulatory action likely to result in a rule that may cause 
the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this proposed 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to establish a test procedure for 
measuring the energy efficiency of air cleaners is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The proposed test procedure for air cleaners would incorporate 
testing methods contained in certain sections of the following 
commercial standards: AHAM AC-7-2022 Draft, AHAM AC-1-2020, and IEC 
62301 Ed. 2.0. DOE has evaluated these standards and is unable to 
conclude whether they fully comply with the requirements of section 
32(b) of the FEAA (i.e., whether it was developed in a manner that 
fully provides for public participation, comment, and review.) DOE will 
consult with both the Attorney General and the Chairman of the FTC 
concerning the impact of these test procedures on competition, prior to 
prescribing a final rule.

M. Description of Materials Incorporated by Reference

    AHAM AC-7-2022 Draft is a voluntary industry-accepted test 
procedure that measures active mode and standby mode power consumption 
of air cleaners. The proposed test procedure in this NOPR generally 
references AHAM AC-7-2022 Draft including provisions for: definitions, 
test conditions, instrumentation, active mode and standby mode power 
measurement, and calculation of PM2.5 CADR, AEC, and IEF.
    AHAM AC-1-2020 is a voluntary industry-accepted test procedure that 
provides test methods to measure the relative reduction of particulate 
matter, including smoke and dust, suspended in the air in a specified 
test chamber when an air cleaner is in operation. The proposed test 
procedure in this NOPR generally references Sections 5 and 6 of AHAM 
AC-1-2020 to determine the smoke and dust CADR of the air cleaner test 
unit. AHAM AC-1-2020 is also

[[Page 63348]]

referenced in several sections of AHAM AC-7-2022 Draft that DOE 
proposes to reference in its test procedure.
    These standards are reasonably available from AHAM (www.aham.org/AHAM/AuxStore).
    IEC 62301 Ed. 2.0 is an international standard that specifies 
methods of measurement of electrical power consumption of household 
appliances in standby mode(s) and other low power modes, as applicable. 
The proposed new appendix FF references AHAM AC-7-2022 Draft, to 
specify the standby mode power consumption test method, which further 
references IEC 62301 Ed. 2.0 for the measurement of air cleaners 
standby power consumption. IEC 62301 Ed. 2.0 is reasonably available 
from IEC (webstore.ansi.org).
    ASTM E741-11(2017) specifies techniques using tracer gas dilution 
for determining a single zone's air change with the outdoors, as 
induced by weather conditions and by mechanical ventilation. The 
proposed new appendix FF references AHAM AC-7-2022 Draft to specify the 
test chamber air exchange rate, which further references ASTM E741-
11(2017) as the method to measure test chamber air exchange rate. ASTM 
E741-11(2017) is reasonably available from ASTM (www.astm.org).

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar meeting are listed in the DATES 
section at the beginning of this document. If no participants register 
for the webinar, it will be cancelled. Webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on 
DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=77&action=viewlive. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
document, or who is representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the webinar. Such persons may submit requests to 
speak by email to: [email protected]. Persons who 
wish to speak should include with their request a computer file in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that 
briefly describes the nature of their interest in this rulemaking and 
the topics they wish to discuss. Such persons should also provide a 
daytime telephone number where they can be reached.
    DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least two weeks before 
the webinar. At its discretion, DOE may permit persons who cannot 
supply an advance copy of their statement to participate, if those 
persons have made advance alternative arrangements with the Building 
Technologies Office. As necessary, requests to give an oral 
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar. There shall not be discussion of proprietary information, 
costs or prices, market share, or other commercial matters regulated by 
U.S. anti-trust laws. After the webinar and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will provide a general overview of the topics addressed in this 
rulemaking, allow time for prepared general statements by participants, 
and encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
general statement (within time limits determined by DOE), before the 
discussion of specific topics. DOE will permit, as time permits, other 
participants to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this proposed 
rulemaking. The official conducting the webinar/public meeting will 
accept additional comments or questions from those attending, as time 
permits. The presiding official will announce any further procedural 
rules or modification of the above procedures that may be needed for 
the proper conduct of the webinar.
    A transcript of the webinar will be included in the docket, which 
can be viewed as described in the Docket section at the beginning of 
this document and will be accessible on the DOE website. In addition, 
any person may buy a copy of the transcript from the transcribing 
reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule.\43\ Interested parties may submit comments, data, and other 
information using any of the methods described in the ADDRESSES section 
at the beginning of this document.
---------------------------------------------------------------------------

    \43\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.

[[Page 63349]]

    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. Otherwise, persons viewing comments will see only first 
and last names, organization names, correspondence containing comments, 
and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If 
you do not want your personal contact information to be publicly 
viewable, do not include it in your comment or any accompanying 
documents. Instead, provide your contact information on a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. Following these instructions, the cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (``faxes'') will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and that are free of any defects 
or viruses. Documents should not contain special characters or any form 
of encryption and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on its proposal to define the scope of the 
proposed air cleaner test procedure as those air cleaners that meet the 
definition of a conventional room air cleaner as defined in Section 
2.1.1 of AHAM AC-7-2022 Draft.
    (2) DOE requests comment on its proposal to reference Sections 
2.1.1, 2.1.3.1, and 2.1.3.2 of AHAM AC-7-2022 Draft in 10 CFR 430.2 for 
the definitions of conventional room air cleaner, portable conventional 
room air cleaner, and fixed conventional room air cleaner, 
respectively.
    (3) DOE requests comment on whether it should reference Section 2 
of AHAM AC-1-2020, which specifies that the standard is applicable for 
air cleaners only within rated CADR ranges of 10 to 600 cfm for dust 
and cigarette smoke. Additionally, DOE requests comment on whether this 
CADR range should be specified for PM2.5 CADR instead of for 
dust CADR and smoke CADR.
    (4) DOE requests comment on its proposal to adopt the substantive 
provisions of AHAM AC-7-2022 Draft with certain modifications.
    (5) DOE requests comment on its proposal to incorporate by 
reference AHAM AC-1-2020, which is referenced in AHAM AC-7-2022 Draft, 
as well as to specify provisions related to the measurement of pollen 
CADR, smoke CADR, and dust CADR.
    (6) DOE also requests comment on whether it should consider 
specifying that KCl is an allowable alternate to cigarette smoke in the 
measurement of smoke CADR, even if AHAM AC-1-2022 Draft is not 
published by the time DOE publishes its final rule. DOE requests data 
and information on the implications of using cigarette smoke and KCl 
interchangeably when performing air cleaner performance tests. DOE 
requests data and information on how a CADR value obtained using KCl 
compares to the CADR value obtained using cigarette smoke.
    (7) DOE requests comment on its proposal to reference IEC 62301 Ed. 
2.0, which is referenced in AHAM AC-7-2022 Draft for the 
instrumentation and testing provisions for measuring standby mode power 
consumption.
    (8) DOE requests comment on its proposal to reference ASTM E741-
11(2017), which is referenced in AHAM AC-7-2022 Draft for determining 
the test chamber air exchange rate.
    (9) DOE requests comment on whether the m-CADR value specified in 
AHAM AC-5-2022 would change, and if so, how, if a different type of 
microorganism was used for testing from the same general microorganism 
category (e.g., using MS-2 vs. Phi X 174 for bacteriophage testing).
    (10) DOE requests comment on whether measurements taken every 2 
minutes for a duration of 10 minutes, as specified in Section 7.3 of 
AHAM AC-5-2022, is sufficient to determine m-CADR. DOE also requests 
comment on the duration for which a sample must be collected for each 
measurement point.
    (11) Additionally, if stakeholders indicate that operating the test 
unit for 10 minutes is sufficient, DOE requests comment on whether the 
natural decay test should also be conducted for only 10 minutes. DOE 
also requests comment on whether it is reasonable for the natural decay 
curve for microorganisms to be increasing during the first 10-15 
minutes of the test, and if not, how should DOE mitigate this issue.

[[Page 63350]]

    (12) DOE requests comment on its proposal to include definitions 
for the aforementioned terms, via reference to AHAM AC-7-2022 Draft, in 
the proposed new appendix FF. Should the AHAM task force consider any 
changes to any of these definitions or include definitions for 
additional terms that would be relevant to DOE's proposed test 
procedure, DOE requests comment on such changes and the justification 
for DOE to consider including them in its test procedure for air 
cleaners.
    (13) DOE requests comment on its proposal to reference Section 3.1 
of AHAM AC-7-2022 Draft for the electrical supply requirements for 
active mode and standby mode power measurement.
    (14) DOE requests comment on its proposal to reference Section 
3.6.1 of AHAM AC-7-2022 Draft for the air cleaner conditioning 
requirements.
    (15) DOE requests comment on whether the 48 hour burn-in time for 
air cleaners with UV lights is sufficient or if the burn-in time 
duration should be increased.
    (16) DOE requests comment on its proposal to reference Section 
3.6.2 of AHAM AC-7-2022 Draft, which references Section 4.6 of AHAM AC-
1-2020 for the test unit placement instructions.
    (17) DOE also requests comment on whether it should consider 
including the requirement from IEC 63086-1 that specifies that if the 
placement of the air cleaner is not specified by the manufacturer and 
the air cleaner's height is less than 28 inches, then the unit must be 
tested on the table. Specifically, DOE requests comment on whether the 
language in AHAM AC-7-2022 Draft which states that, ``if the air 
cleaner is not a floor model'' is clear to follow, without any 
ambiguity, or whether a quantitative metric such as unit height would 
be better to ensure consistent test setup.
    (18) DOE also requests comment on whether it should include any 
placement instructions for air cleaners shipped with casters.
    (19) DOE requests comment on its proposal to reference Section 
3.6.3 of AHAM AC-7-2022 Draft regarding network connection requirements 
during active mode and standby mode tests. DOE also requests comment on 
the impact on repeatability and reproducibility when testing air 
cleaners with network functionality while connected to a network.
    (20) DOE requests comment on whether the software update 
requirements are adequately specified or whether DOE should explicitly 
state that software updates must always be executed prior to running 
the tests.
    (21) DOE requests comment on its proposal to reference Sections 3.1 
to 3.6 of AHAM AC-7-2022 Draft for the test conditions and setup. 
Should AHAM AC-7-2022 Draft change any of these requirements between 
publication of this NOPR and publication of the final version of AHAM 
AC-7-2022, DOE requests comment on these changes, the reasons for these 
changes, and the impact of these changes on the overall air cleaners 
test procedure.
    (22) DOE requests comment on its proposal to incorporate by 
reference Section 4 of AHAM AC-7-2022 Draft regarding instrumentation 
requirements, including the applicable provisions from relevant 
sections of IEC 62301 Ed. 2.0. Should AHAM AC-7-2022 Draft change any 
of these requirements between publication of this NOPR and publication 
of the final version of AHAM AC-7-2022, DOE requests comment on these 
changes, the reasons for these changes, and the impact of these changes 
on the overall air cleaner test procedure.
    (23) DOE requests comment on the Joint Stakeholders' recommendation 
of using dust CADR as calculated in Section 6 of AHAM AC-1-2020 as an 
alternative for calculating PM2.5 CADR. DOE also requests 
comment on its proposal to allow the same alternative for the smoke 
CADR value used in the PM2.5 CADR calculation.
    (24) DOE requests feedback on its proposal to incorporate by 
reference Section 2.9 of AHAM AC-7-2022 Draft to calculate 
PM2.5 CADR based on measurements of smoke CADR and dust 
CADR. DOE also requests comment on its proposal to allow the use of 
smoke CADR and dust CADR calculated according to Sections 5 and 6 of 
AHAM AC-1-2020.
    (25) DOE also requests comment on its proposal to reference 
Sections 5 and 6 of AHAM AC-1-2020 to specify the test methods for 
determining smoke CADR and dust CADR, respectively.
    (26) DOE requests comment on its proposal to reference Section 5.3 
of AHAM AC-7-2022 Draft to test units in maximum performance mode.
    (27) DOE requests comment on its proposal to reference Sections 5.4 
and 5.5 of AHAM AC-7-2022 Draft to specify the configuration of 
secondary functions and control functions during active mode testing.
    (28) DOE requests comment on its proposal to reference Sections 
5.7.1 through 5.7.4 of AHAM AC-7-2022 Draft, which specify methods for 
measuring active mode power at the same time as the smoke or dust CADR 
test when the test unit is operating within the chamber and measuring 
the power consumption during a supplemental power test outside of a 
test chamber, respectively.
    (29) DOE requests comment on its proposal to reference Section 7 of 
AHAM AC-1-2020 for the pollen CADR measurement test.
    (30) DOE requests comment and data on the relationship between the 
pollen CADR measurement and the energy use of the air cleaner.
    (31) DOE requests comment on whether it should reference Section 2 
of AHAM AC-1-2020, which specifies that the standard is applicable for 
air cleaners with pollen CADR of 25 to 450 cfm, for pollen CADR 
testing.
    (32) DOE also requests comment on whether it should specify 
measurement of active mode power consumption when conducting the pollen 
CADR measurement test.
    (33) DOE requests comment on whether it should consider specifying 
a pollen CADR/W metric and whether such a metric should be based on 
active mode power consumption or include energy consumption in both 
active mode and standby mode.
    (34) DOE requests comment on its proposal to reference Section 
5.7.4 of AHAM AC-7-2022 Draft, which specifies the calculation of 
active mode energy consumption using an estimated 5,840 hours per year 
in active mode.
    (35) DOE requests feedback on its proposal to reference Section 6 
of AHAM AC-7-2022 Draft to determine annual combined low power mode 
energy consumption.
    (36) DOE requests comment on its proposal to reference Section 7 of 
AHAM AC-7-2022 Draft for the AEC and IEF calculations. Should AHAM AC-
7-2022 Draft specify a different method to calculate AEC and/or IEF, 
DOE requests comment on the new methodology, the reasons for adopting 
this new methodology, and the impact, if any, of using the new 
methodology compared to the equations proposed in this document.
    (37) DOE requests comment on its proposal to include a calculation 
from AHAM AC-1-2020 for the effective room size that can be serviced by 
an air cleaner. DOE requests comment on whether it is appropriate to 
use smoke CADR as the metric to calculate effective room size or if it 
should be based on PM2.5 CADR instead. If stakeholders 
indicate the use of PM2.5 CADR, DOE requests comment on 
whether multiplying PM2.5 CADR by 1.55 to determine 
effective room size in square feet is appropriate or if a

[[Page 63351]]

different constant would need to be used instead.
    (38) DOE seeks comment on the proposed sampling plan and rounding 
requirements for smoke CADR, dust CADR, PM2.5 CADR, AEC, and 
IEF.
    (39) DOE requests comment on its initial determination of the costs 
for testing according to the proposed new air cleaner test procedure. 
DOE also requests comment on the potential impact to manufacturers from 
the proposed new air cleaner test procedure.
    (40) DOE requests comments on the benefits and burdens of 
referencing the identified industry standards in the proposed new test 
procedure for air cleaners.
    (41) DOE requests comments on its finding that there are five 
small, domestic OEMs of air cleaners. DOE also requests comment on its 
findings that costs are small relative to annual revenue for small 
manufacturers that currently make voluntary representations.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on September 
28, 2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on September 30, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to further 
amend 10 CFR parts 429 and 430 (as proposed at 87 FR 14622, March 15, 
2022) as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317, 28 U.S.C. 2461 note.


Sec. Sec.  429.64-429.65   [Added and Reserved]

0
2. Add and reserve Sec. Sec.  429.64 and 429.65.
0
3. Add Sec.  429.67 to read as follows:


Sec.  429.67   Air cleaners.

    (a) Sampling plan for selection of units for testing. (1) The 
requirements of Sec.  429.11 are applicable to air cleaners; and
    (2) For each basic mode of air cleaners, a sample of sufficient 
size shall be randomly selected and tested to ensure that--
    (i) Any represented value of annual energy consumption or other 
measure of energy consumption of a basic mode for which consumers would 
favor lower values shall be greater than or equal to the higher of:
    (A) The mean of the sample:
    [GRAPHIC] [TIFF OMITTED] TP18OC22.015
    

Where:

x is the sample mean;
n is the number of samples; and,
xi is the ith sample.

    Or,
    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.10:
[GRAPHIC] [TIFF OMITTED] TP18OC22.016


Where:

x is the sample mean;
s is the sample standard deviation;
n is the number of samples; and,
t0.95 is the t statistic for a 95 percent one-tailed 
confidence interval with n-1 degrees of freedom (from appendix A).

    And
    (ii) Any represented value of the integrated energy factor or other 
measure of energy consumption of a basic mode for which consumers would 
favor higher values shall be less than or equal to the high:
    (A) The mean of the sample:
    [GRAPHIC] [TIFF OMITTED] TP18OC22.017
    

Where:

x is the sample mean;
n is the number of samples; and,
xi is the ith sample.

    Or,
    (B) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.90:
[GRAPHIC] [TIFF OMITTED] TP18OC22.018


    Where:

    x is the sample mean;
    s is the sample standard deviation;
    [eta] is the number of samples; and,
    t0.95 is the t statistic for a 95 percent one-tailed 
confidence interval with n-1 degrees of freedom (from appendix A).

    And
    (3) Any represented value of the pollen, smoke, dust, and 
PM2.5 clean air delivery rate (CADR) of a basic model must 
be the mean of the CADR for each tested unit of the basic model. Round 
the mean clean air delivery rate value to the nearest whole number.
    (4) Any represented value of the effective room size, in square 
feet, of a basic model must be calculated as the product of 1.55 and 
the represented smoke CADR value of the basic model as determined in 
paragraph (a)(3) of this section. Round the value of the effective room 
size, in square feet, to the nearest whole number.
    (5) Round the value of the annual energy consumption of a basic 
model to the nearest 0.1 kWh/year.
    (6) Round the value of the integrated energy factor of a basic 
model to the nearest 0.1 CADR/W.
    (b) [Reserved]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
4. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

[[Page 63352]]

0
5. Amend Sec.  430.2 by adding in alphabetical order the definition for 
``Conventional room air cleaner'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Conventional room air cleaner means an air cleaner as defined in 
Section 2.1.1 of AHAM AC-7-2022 Draft (incorporated by reference; see 
Sec.  430.3). With respect to the term conventional room air cleaner--
    (1) The term portable is as defined in Section 2.1.3.1 of AHAM AC-
7-2022 Draft; and
    (2) The term fixed is as defined in Section 2.1.3.2 of AHAM AC-7-
2022 Draft.
* * * * *
0
6. Section 430.3 is amended by:
    a. Redesignating paragraphs (i)(1) through (6) as (i)(3) through 
(8);
    b. Adding new paragraphs (i)(1) and (2) and paragraph (j)(4); and
    c. Revising paragraph (p)(7).
    The additions and revision read as follows:


Sec.  430.3   Materials incorporated by reference.

* * * * *
    (i) * * *
    (1) ANSI/AHAM AC-1-2020 (``AHAM AC-1-2020''), Method for Measuring 
Performance of Portable Household Electric Room Air Cleaners, approved 
December 14, 2020; IBR approved for appendix FF to subpart B.
    (2) AHAM AC-7-2022 Draft, Energy Test Method for Consumer Room Air 
Cleaners, approved 2022; IBR approved for Sec.  430.2 and appendix FF 
to subpart B.
* * * * *
    (j) * * *
    (4) ASTM E741-11 (Reapproved 2017) (``ASTM E741-11(2017)''), 
Standard Test Method for Determining Air Change in a Single Zone Means 
of a Tracer Gas Dilution, Reapproved September 1, 2017; IBR approved 
for appendix FF to subpart B.
* * * * *
    (p) * * *
    (7) IEC 62301, Household electrical appliances--Measurement of 
standby power, Edition 2.0, 2011-01; IBR approved for appendices C1, 
D1, D2, F, G, H, I, I1, J, J2, N, O, P, Q, U, X, X1, Y, Y1, Z, BB, CC, 
and FF to subpart B.
* * * * *
0
7. Amend Sec.  430.23 by adding paragraph (hh) to read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (hh) Air Cleaners. (1) The pollen clean air delivery rate (CADR), 
smoke CADR, and dust CADR, expressed in cubic feet per minute (cfm), 
for conventional room air cleaners shall be measured in accordance with 
section 5 of appendix FF of this subpart.
    (2) The PM2.5 CADR, expressed in cfm, for conventional 
room air cleaners, shall be measured in accordance with section 5 of 
appendix FF of this subpart.
    (3) The active mode and standby mode power consumption, expressed 
in watts, shall be measured in accordance with sections 5 and 6, 
respectively, of appendix FF of this subpart.
    (4) The annual energy consumption, expressed in kilowatt-hours per 
year, and the integrated energy factor, expressed in CADR per watts 
(CADR/W), for conventional room air cleaners, shall be measured in 
accordance with section 7 of appendix FF of this subpart.
    (5) The estimated annual operating cost for conventional room air 
cleaners, expressed in dollars per year, shall be determined by 
multiplying the following two factors:
    (i) The annual energy consumption as calculated in accordance with 
section 7 of appendix FF of this subpart, and
    (ii) A representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
0
8. Appendix FF to subpart B of part 430 is added to read as follows:

Appendix FF to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Air Cleaners

    Note:  Beginning [date 180 days after date of publication of a 
final rule in the Federal Register], any representations made with 
respect to the energy use or efficiency of air cleaners must be made 
in accordance with the results of testing pursuant to this appendix.


0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3 the entire standard 
for AHAM AC-1-2020, AHAM AC-7-2022 Draft, ASTM E741-11(2017), and 
IEC 62301. However, only enumerated provisions of AHAM AC-1-2020, 
AHAM AC-7-2022 Draft, and IEC 62301 apply to this appendix, as 
follows:

0.1 AHAM AC-1-2020

    (a) Sections 4.2 through 4.6 as specified in section 3 of this 
appendix;
    (b) Sections 5 through 7 as specified in section 5 of this 
appendix;
    (c) Section 8.1 as specified in section 5 of this appendix;
    (d) Annex A as specified in section 3 of this appendix;
    (e) Annex I as specified in section 2 of this appendix.

0.2 AHAM AC-7-2022 Draft

    (a) Sections 2.2 and 2.3, sections 2.4.1 through 2.4.2.4, and 
sections 2.6 through 2.8 as referenced in section 2 of this 
appendix;
    (b) Section 2.9 as referenced in section 2 and section 5.3 of 
this appendix;
    (c) Sections 3.1 through 3.6.3 as specified in section 3 of this 
appendix;
    (d) Section 4, excluding section 4.1.4, as specified in section 
4 of this appendix;
    (e) Sections 5.3 through 5.7.4 as specified in section 5 of this 
appendix;
    (f) Section 6 as specified in section 6 of this appendix;
    (g) Section 7 as specified in section 7 of this appendix.

0.3 IEC 62301: Household Electrical Appliances--Measurement of 
Standby Power

    (a) Sections 4.4.1 through 4.4.3 as specified in section 4 of 
this appendix;
    (b) Section 5.3 as specified in section 6 of this appendix.

1. Scope of Coverage

    This appendix contains the test requirements to measure the 
energy performance of a conventional room air cleaner, as defined at 
Sec.  430.2.

2. Definitions

    The definitions in Sections 2.2, 2.3, 2.4.1 through 2.4.2.4, 2.6 
through 2.8, and 2.9 of AHAM AC-7-2022 Draft apply to this test 
procedure, including the applicable provisions of AHAM AC-1-2020 as 
referenced in Section 2.9 of AHAM AC-7-2022 Draft.

3. Test Conditions

    Testing conditions shall be as specified in Sections 3.1 through 
3.6.3 of AHAM AC-7-2022 Draft, including the applicable provisions 
of AHAM AC-1-2020 as referenced in Sections 3.2.1, 3.3, 3.4, 3.5, 
and 3.6.2 of AHAM AC-7-2022 Draft and the applicable provisions of 
ASTM E 741-11(2017) as referenced in Section 3.3 of AHAM AC-7-2022 
Draft.

4. Instrumentation

    Test instruments shall be as specified in Section 4 of AHAM AC-
7-2022 Draft, including the applicable provisions of IEC 62301 Ed. 
2.0, except Section 4.1.4 of AHAM AC-7-2022 Draft.

5. Active Mode CADR and Power Measurement

    Measurement of smoke CADR, dust CADR, and pollen CADR shall be 
as specified in Sections 5 through 7 of AHAM AC-1-2020, 
respectively. Measurement of active mode power shall be as specified 
in Sections 5.3 through 5.7.4 of AHAM AC-7-2022 Draft, including the 
applicable provisions of AHAM AC-1-2020 as referenced in Section 
5.7.1 of AHAM AC-7-2022 Draft. Additionally, the following 
requirement is also applicable:
    5.1. Calculation of PM2.5 CADR.
    5.1.1. PM2.5 CADR is calculated as specified in 
Section 2.9 of AHAM AC-7-2022 Draft.
    5.1.2. PM2.5 CADR may alternately be calculated using 
the smoke CADR and dust CADR values determined according to

[[Page 63353]]

Sections 5 and 6, respectively, of AHAM AC-1-2020, according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TP18OC22.019

6. Standby Mode Power Measurement

    Standby mode power consumption shall be measured as specified in 
Section 6 of AHAM AC-7-2022 Draft, including the applicable 
provisions of IEC 62301 Ed. 2.0.

7. Total Energy Calculation

    Annual energy consumption, expressed in kilowatt-hours per year, 
and integrated energy factor, expressed in CADR per watt, shall be 
calculated as specified in Section 7 of AHAM AC-7-2022 Draft.

[FR Doc. 2022-21698 Filed 10-17-22; 8:45 am]
BILLING CODE 6450-01-P