[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Rules and Regulations]
[Pages 83611-83617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23908]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 /
Rules and Regulations
[[Page 83611]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-STD-0039]
RIN 1904-AF60
Energy Conservation Program: Energy Conservation Standards for
Dishwashers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of effective and compliance
dates; technical correction.
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SUMMARY: The U.S. Department of Energy (``DOE'') published a direct
final rule to establish new energy conservation standards for
dishwashers in the Federal Register on April 24, 2024. DOE has
determined that the comments received in response to the direct final
rule do not provide a reasonable basis for withdrawing the direct final
rule. Therefore, DOE provides this document confirming the effective
and compliance dates of those standards. This document also clarifies
the introductory notes to the appendices for the dishwasher test
procedure to conform with the amended standards promulgated by direct
final rule published on April 24, 2024. This document also corrects an
error in the amended regulatory text as it appeared in the direct final
rule published on April 24, 2024.
DATES: The technical correction in this document is effective October
17, 2024.
The effective date of August 22, 2024, for the direct final rule
published April 24, 2024 (89 FR 31398) is confirmed. Compliance with
the standards established in the direct final rule will be required on
April 23, 2027.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts,
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-2019-BT-STD-0039. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Dr. Carl Shapiro, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-5649. Email: [email protected].
Ms. Kiana Daw, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Dishwashers Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Authority To Regulate Water Use
C. Economic Justification
1. Consumer Impacts
2. Product Reliability
3. Repair and Maintenance Costs
D. Significant Conservation of Energy
E. Unavailability of Performance Characteristics
F. Stakeholder Representation
G. Conforming Updates To Test Procedure Introductory Notes
IV. Impact of Any Lessening of Competition
V. Conclusion
I. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to issue a direct final rule
establishing an energy conservation standard for a product on receipt
of a statement submitted jointly by interested persons that are fairly
representative of relevant points of view (including representatives of
manufacturers of covered products, States, and efficiency advocates),
as determined by the Secretary of Energy (``Secretary''), that contains
recommendations with respect to an energy or water conservation
standard that are in accordance with the provisions of 42 U.S.C.
6295(o) or 42 U.S.C. 6313(a)(6)(B), as applicable. (42 U.S.C.
6295(p)(4))
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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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The direct final rule must be published simultaneously with a
notice of proposed rulemaking (``NOPR'') that proposes an energy or
water conservation standard that is identical to the standard
established in the direct final rule, and DOE must provide a public
comment period of at least 110 days on this proposal. (42 U.S.C.
6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct
final rule, DOE shall withdraw the direct final rule if: (1) DOE
receives one or more adverse public comments relating to the direct
final rule or any alternative joint recommendation; and (2) based on
the rulemaking record relating to the direct final rule, DOE determines
that such adverse public comments or alternative joint recommendation
may provide a reasonable basis for withdrawing the direct final rule.
(42 U.S.C. 6295(p)(4)(C)) If DOE makes such a determination, DOE must
proceed with the NOPR published simultaneously with the direct final
rule and publish in the Federal Register the reasons why the direct
final rule was withdrawn. (Id.)
[[Page 83612]]
After review of comments received, DOE has determined that it did
receive adverse comments on the direct final rule. However, based on
the rulemaking record, the comments did not provide a reasonable basis
for withdrawing the direct final rule under the provisions in 42 U.S.C.
6295(p)(4)(C). As such, DOE did not withdraw this direct final rule and
the direct final rule remains effective. Although not required under
EPCA, where DOE does not withdraw a direct final rule, DOE customarily
publishes a summary of the comments received during the 110-day comment
period and its responses to those comments. This document contains such
a summary, as well as DOE's responses to the comments.
II. Dishwashers Direct Final Rule
A. Background
In a direct final rule published on May 30, 2012 (``May 2012 Direct
Final Rule''), DOE adopted the current energy conservation standards
for dishwashers manufactured on or after May 30, 2013. 77 FR 31918.
These standards are set forth in DOE's regulations at title 10 of the
Code of Federal Regulations (``CFR'') section 430.32(f).
The current standards are defined in terms of maximum estimated
annual energy use (``EAEU'') in kilowatt hours per year (``kWh/yr'')
and maximum per cycle water consumption in gallons per cycle (``gal/
cycle'') as measured according to DOE's dishwasher test procedure
codified at 10 CFR part 430, subpart B, appendix C1 (``appendix C1'').
In a final determination published on December 13, 2016 (``December
2016 Final Determination''), DOE concluded that amended energy
conservation standards would not be economically justified at any level
above the standards established in the May 2012 Direct Final Rule, and
therefore determined not to amend the standards. 81 FR 90072.
On January 18, 2023, DOE published a final rule (``January 2023 TP
Final Rule'') amending the test procedure at appendix C1 and
establishing a new test procedure at 10 CFR part 430, subpart B,
appendix C2 (``appendix C2''). 88 FR 3234. The new appendix C2
specifies updated annual cycles and low-power mode hours, both of which
are used to calculate the EAEU metric, and introduces a minimum
cleaning performance threshold to validate the selected test cycle. 88
FR 3234, 3236.
On May 19, 2023, DOE published a NOPR (``May 2023 NOPR'') proposing
to amend the current standards for dishwashers, defined in terms of
EAEU and per-cycle water consumption as measured according to appendix
C2. 88 FR 32514.
On September 25, 2023, DOE received a joint statement (``Joint
Agreement'') recommending standards for dishwashers that was submitted
by groups representing manufacturers, energy and environmental
advocates, consumer groups, and a utility.\2\ In addition to the
recommended standards for dishwashers, the Joint Agreement also
included separate recommendations for several other covered
products.\3\ The amended standard levels recommended in the Joint
Agreement for dishwashers are presented in Table II.1, expressed in
terms of EAEU and per-cycle water consumption as measured according to
the newly established test procedure contained in appendix C2. Details
of the Joint Agreement recommendations for other products are provided
in the Joint Agreement posted in the docket for this rulemaking.\4\
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\2\ The signatories to the Joint Agreement include the
Association of Home Appliance Manufacturers (AHAM), American Council
for an Energy Efficient Economy, Alliance for Water Efficiency,
Appliance Standards Awareness Project, Consumer Federation of
America, Consumer Reports, Earthjustice, National Consumer Law
Center, Natural Resources Defense Council, Northwest Energy
Efficiency Alliance, and Pacific Gas and Electric Company. Members
of AHAM's Major Appliance Division that make the affected products
include: Alliance Laundry Systems, LLC; Asko Appliances AB; Beko US
Inc.; Brown Stove Works, Inc.; BSH Home Appliances Corporation;
Danby Products, Ltd.; Electrolux; Elicamex S.A. de C.V.; Faber;
Fotile America; GE Appliances, a Haier Company; L'Atelier Paris
Haute Design LLG; LG Electronics; Liebherr USA, Co.; Midea America
Corp.; Miele, Inc.; Panasonic Appliances Refrigeration Systems
(PAPRSA) Corporation of America; Perlick Corporation; Samsung
Electronics America, Inc.; Sharp Electronics Corporation; Smeg
S.p.A; Sub-Zero Group, Inc.; The Middleby Corporation; U-Line
Corporation; Viking Range, LLC; and Whirlpool Corporation.
\3\ The Joint Agreement contained recommendations for six
covered products: refrigerators, refrigerator-freezers, and
freezers; clothes washers; clothes dryers; dishwashers; cooking
products; and miscellaneous refrigeration products.
\4\ The Joint Agreement is available in the docket at:
www.regulations.gov/comment/EERE-2019-BT-STD-0039-0055.
Table II.1--Recommended Amended Energy Conservation Standards for Dishwashers
----------------------------------------------------------------------------------------------------------------
Maximum estimated Maximum per-cycle
Product class annual energy use water consumption Compliance date
(kWh/year) (gal/cycle)
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Standard-Size Dishwasher (>=8 place 223 3.3 3 years after publication of
settings plus 6 serving pieces). the direct final rule.
Compact-Size Dishwasher (<8 place settings 174 3.1
plus 6 serving pieces).
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After carefully considering the recommended energy conservation
standards for dishwashers in the Joint Agreement, DOE determined that
these recommendations were in accordance with the statutory
requirements of 42 U.S.C. 6295(p)(4) for the issuance of a direct final
rule and published a direct final rule on April 24, 2024 (``April 2024
Direct Final Rule''). 89 FR 31398. DOE evaluated whether the Joint
Agreement satisfies 42 U.S.C. 6295(o), as applicable, and found that
the recommended standard levels would, among other things, result in
significant energy savings and are technologically feasible and
economically justified. Id. at 89 FR 31471-31478. Accordingly, DOE
adopted the recommended efficiency levels for dishwashers as the
amended standard levels in the April 2024 Direct Final Rule. Id.
The maximum EAEU and maximum water consumption standards adopted in
the April 2024 Direct Final Rule apply to product classes listed in
Table II.2 and that are manufactured in, or imported into, the United
States starting on April 23, 2027. The April 2024 Direct Final Rule
provides a detailed discussion of DOE's analysis of the benefits and
burdens of the amended standards pursuant to the criteria set forth in
EPCA. Id.
[[Page 83613]]
Table II.2--Amended Energy Conservation Standards for Dishwashers
[Compliance Starting April 23, 2027]
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Estimated annual Per-cycle water
Product class energy use (kWh/ consumption (gal/
year) cycle)
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Standard-size \1\ (>=8 place 223 3.3
settings plus 6 serving pieces)
\2\............................
Compact-size (<8 place settings 174 3.1
plus 6 serving pieces) \2\.....
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\1\ The energy conservation standards in this table do not apply to
standard-size dishwashers with a cycle time for the normal cycle of 60
minutes or less.
\2\ Place settings are as specified in AHAM DW-1-2020 (which is
incorporated by reference, see Sec. 430.3) and the test load is as
specified in section 2.4 of appendix C2 to subpart B of part 430.
As required by EPCA, DOE also simultaneously published a NOPR
proposing the identical standard levels contained in the April 2024
Direct Final Rule. 89 FR 31096. DOE considered whether any adverse
comment received during the 110-day comment period following the
publication of the April 2024 Direct Final Rule provided a reasonable
basis for withdrawal of the direct final rule under the provisions in
42 U.S.C. 6295(p)(4)(C).
III. Comments on the Direct Final Rule
As discussed in section I of this document, not later than 120 days
after publication of a direct final rule, DOE shall withdraw the direct
final rule if: (1) DOE receives one or more adverse public comments
relating to the direct final rule or any alternative joint
recommendation; and (2) based on the rulemaking record relating to the
direct final rule, DOE determines that such adverse public comments or
alternative joint recommendation may provide a reasonable basis for
withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)(i))
DOE received comments in response to the April 2024 Direct Final
Rule from the interested parties listed in Table III.1.\5\
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\5\ Table III.1 excludes one comment received from Clean Future
that is not directly related to this rulemaking.
Table III.1--List of Commenters With Written Submissions in Response to the April 2024 Direct Final Rule
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Comment
Commenter(s) Abbreviation number in Commenter type
the docket
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Association of Home Appliance AHAM....................... 76 Trade Association.
Manufacturers.
Appliance Standards Awareness ASAP et al................. 74 Advocacy Organizations.
Project, Alliance for Water
Efficiency, American Council
for an Energy-Efficient
Economy, Consumer Federation of
America, Consumer Reports,
Earthjustice, National Consumer
Law Center, Natural Resources
Defense Council, Northwest
Energy Efficiency Alliance, and
Pacific Gas and Electric
Company.
Consumer Federation of America, CFA et al.................. 75 Advocacy Organizations.
Consumer Reports, Green Energy
Consumers Alliance, National
Consumer Law Center, and U.S.
Public Interest Research Group.
Chris Bruno..................... Bruno...................... 70 Individual.
Clean Future.................... Clean Future............... 71, 72 Advocacy Organization.
Bill Word and David Daquin...... Word and Daquin............ * 68, 69 Individual.
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* Comments No. 68 and 69 are identical. DOE cites comment 68 in this document.
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
The following sections discuss the substantive comments DOE received on
the April 2024 Direct Final Rule as well as DOE's determination that
the comments do not provide a reasonable basis for withdrawal of the
direct final rule.
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
energy conservation standards for dishwashers. (Docket No. EERE-
2019-BT-STD-0039, which is maintained at: www.regulations.gov). The
references are arranged as follows: (commenter name, comment docket
ID number at page of that document).
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A. General Comments
AHAM and ASAP et al. supported the April 2024 Direct Final Rule for
dishwashers because it establishes standards that are consistent with
recommendations submitted in the Joint Agreement. (AHAM, No. 76 at p.
1; ASAP et al., No. 74 at pp. 1-2) AHAM commented that it finds DOE has
satisfied all EPCA criteria for issuing the April 2024 Direct Final
Rule because the recommended energy conservation standards were
designed by the Joint Stakeholders (including manufacturers of various
sizes as well as consumer, environmental, and efficiency advocacy
groups; a utility; and some States) to achieve the maximum improvement
in energy efficiency that is technologically feasible and economically
justified in accordance with the provisions of 42 U.S.C. 6295(o); and
because DOE issued the April 2024 Direct Final Rule with a proposed
rule identical to the standard established in the April 2024 Direct
Final Rule and allowed 110 days for public comment, which is consistent
with EPCA requirements. AHAM agreed with DOE's determination that the
amended energy and water conservation standard levels in the April 2024
Direct Final Rule can be reached through technology options DOE
identified in its direct final rule or through other pathways. (AHAM,
No. 76 at pp. 4, 5-6)
AHAM further commented that DOE satisfactorily responded to AHAM's
comments and concerns regarding dishwasher performance, the economic
value of water, consideration of low-income consumers, new Energy
Information Administration's (``EIA's'')
[[Page 83614]]
Residential Energy Consumption Survey (``RECS'') 2020 data,
consideration of well and septic system users, and cumulative
regulatory burden. (AHAM No. 76 at pp. 2-3) AHAM stated that the
compliance timeline reduces the cumulative regulatory burden of this
rulemaking and those for other major appliances. (AHAM, No. 76 at p. 6)
CFA et al. supported the April 2024 Direct Final Rule, which they
noted is one of many completed and pending efficiency standards that
will together significantly reduce consumer costs and climate
pollution, as well as reduce emissions of nitrogen oxides, which can
cause health issues. (CFA et al., No. 75 at pp. 1-2)
Clean Future supported the proposed regulations, in particular the
detailed outline of new environmental guidelines that demonstrate a
forward-looking approach to combating climate change and its effects.
(Clean Future, No. 71 at p. 1) Clean Future also commented that the
revised standards will yield significant energy savings, are
technologically feasible, and are economically justified. (Clean
Future, No. 72 at p. 1)
DOE received a comment from one individual commenter who expressed
support for the standards promulgated in the April 2024 Direct Final
Rule. (Bruno, No. 70 at p. 1)
As discussed in more detail below, DOE has determined that these
comments do not provide a reasonable basis to withdraw the April 2024
Direct Final Rule.
B. Authority To Regulate Water Use
DOE received comments regarding DOE's statutory authority to
regulate the water use of dishwashers.
Word and Daquin commented that DOE has gone beyond its statutory
authority in increasing water efficiency standards of certain consumer
appliances without lawful authority. Word and Daquin asserted that DOE
lacks the authority to increase the stringency of water use standards
for products other than showerheads, faucets, water closets, and
urinals. (Word & Daquin, No. 68 at p. 1)
Word and Daquin also commented that based on the history of EPCA
and the recent ruling of the Fifth Circuit Court of Appeals, DOE does
not have the authority to regulate the water use of dishwashers. Word
and Daquin commented the Fifth Circuit recognized that ``No part of
[EPCA] indicates Congress gave DOE power to regulate water use for
energy-using appliances.'' Louisiana v. United States Dep't of Energy,
90 F.4th 461, 471 (5th Cir. 2024). Word and Daquin also noted that
according to the Fifth Circuit, ``EPCA does not appear to contemplate
overlap between the products subject to `energy' regulation and those
subject to `water' regulation,'' noting that this is because the
statute authorized DOE to regulate ``energy use, or, [. . .] water
use,'' and ``[t]he word `or' is almost always disjunctive.'' Id. at
470-471 (quoting Encino Motorcars, LLC v. Navarro, 584 U.S. 79, 80
(2018)). (Word & Daquin, No. 68 at pp. 1-4)
AHAM commented that a dishwasher is a holistic system that is
optimized by being able to manipulate both water levels and electricity
levels to get the best performance with the least amount of energy, and
that DOE's regulation of energy efficiency and water use together
supports manufacturers' ability to create high performing and highly
efficient wash systems. AHAM stated that it had supported the Energy
Independence and Security Act of 2007, which it described as providing
DOE with the authority to regulate water use for dishwashers because
water use is intricately linked to energy usage. AHAM added that
disconnecting these authorities would significantly increase regulatory
burden and would make designing products more difficult if authority to
set water standards rested with individual states. (AHAM, No. 76 at p.
5)
As discussed in the April 2024 Direct Final Rule, EPCA prescribed
energy conservation standards with both energy and water use
requirements for dishwashers. 89 FR 31398, 31406. In establishing
energy conservation standards with both energy and water use
performance standards for dishwashers manufactured after 2010, Congress
also directed DOE to ``determin[e] whether to amend'' those standards.
(42 U.S.C. 6295(g)(10)(B)) Congress's directive, in section
6295(g)(10)(B), to consider whether ``to amend the standards for
dishwashers'' refers to ``the standards'' established in the
immediately preceding section, 6295(g)(10)(A), where Congress
established energy conservation standards with both energy and water
use performance standards for dishwashers. Indeed, the energy and water
use performance standards for dishwashers (both standard-size and
compact-size) are each contained within a single subparagraph. See id.
Accordingly, DOE's authority, under section 6295(g)(10)(B), includes
consideration of amended energy and water use performance standards for
dishwashers.
Similarly, DOE's authority under 42 U.S.C. 6295(m) to amend
``standards'' for covered products includes amending both the energy
and water use performance standards for dishwashers. Neither section
6295(g)(10)(B) nor section 6295(m) limit their application to ``energy
use standards.'' Rather, they direct DOE to consider amending ``the
standards,'' 42 U.S.C. 6295(g)(10)(B), or simply ``standards,'' Id.
section 6295(m)(1)(B), which may include both energy and water use
performance standards.
C. Economic Justification
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products, including dishwashers. Any new
or amended standard for a covered product must be designed to achieve
the maximum improvement in energy efficiency that the Secretary
determines is technologically feasible and economically justified. (42
U.S.C. 6295(o)(2)(A)) In deciding whether a proposed standard is
economically justified, DOE must determine whether the benefits of the
standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make
this determination after receiving comments on the proposed standard,
and by considering, to the greatest extent practicable, the following
seven statutory factors:
(1) The economic impact of the standard on manufacturers and
consumers of the products subject to the standard;
(2) The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products that are likely to result from the standard;
(3) The total projected amount of energy (or as applicable, water)
savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the covered
products likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
DOE received several comments on its determination of economic
justification under the statutory criteria.
1. Consumer Impacts
AHAM commented that under the standards adopted in the April 2024
Direct Final Rule, only 3 percent of consumers would experience a net
cost. (AHAM, No. 76 at p. 4)
[[Page 83615]]
ASAP et al. commented that the amended standards will particularly
benefit low-income consumers, who spend three times more of their
income on energy costs compared to non-low-income households. ASAP et
al. commented that the standards will also benefit renters, whose
landlords might not otherwise purchase energy-saving dishwashers. (ASAP
et al., No. 74 at p. 2)
CFA et al. commented that many dishwashers on the market today do
not use up-to-date technology for water and energy efficiency, and that
most dishwashers on the market that do not currently meet the standards
could do so through improved control strategies, requiring no
incremental cost to consumers. CFA et al. commented that renters, who
are disproportionately low-income households, are often unable to
choose their dishwasher yet must pay the utility bills, creating a
split-incentive problem particularly acute in multifamily housing, for
which nearly 90 percent of households are renters. CFA et al. noted
that the amended standards will reduce energy use by about 15 percent
relative to the least efficient dishwashers sold today while cutting
water waste, with a payback period for standard-size dishwashers of 1.6
years. (CFA et al., No. 75 at p. 1)
DOE did not receive any adverse comments in relation to consumer
impacts. DOE reiterates its determination from the April 2024 Direct
Final Rule that the standards adopted in the direct final rule are
economically justified. 89 FR 31398, 31477-31478.
2. Product Reliability
ASAP et al. commented that they did not expect the standards in the
April 2024 Direct Final Rule to have any impact on product reliability
because the amended standards can be met with simple design changes
that have already been incorporated in many models on the market today.
ASAP et al. presented a figure of historical data from EIA's RECS
showing that the distribution of dishwasher age remained largely
unchanged between 2005 and 2020, as dishwasher efficiency improved.
(ASAP et al., No. 74 at pp. 2, 3-4)
AHAM commented that the recommended standards are economically
justified as required by 42 U.S.C. 6295(o)(2)(B)(i)(I) and will not
result in lessening of utility, reliability, performance, or
availability of dishwashers considered under 42 U.S.C.
6295(o)(2)(B)(i)(IV). (AHAM, No. 76 at p. 4)
DOE did not receive any adverse comments in relation to product
reliability. DOE reiterates its determination from the April 2024
Direct Final Rule that the standards adopted in the direct final rule
will not lessen the utility or performance of dishwashers. 89 FR 31398,
31464-31467.
3. Repair and Maintenance Costs
An individual recommended that DOE factor the repairability and
maintenance of an appliance into its economic and environmental impact.
(Bruno, No. 70 at p. 1)
DOE did take into account the cost of repair associated with each
analyzed efficiency level in the April 2024 Direct Final Rule. As
discussed in the April 2024 Direct Final Rule, DOE determined that
routine maintenance costs would not vary with increased efficiency. See
89 FR 31398, 31430.
D. Significant Conservation of Energy
Pursuant to EPCA, any new or amended standard must result in
significant conservation of energy. (42 U.S.C. 6295(o)(3)(B))
AHAM noted that DOE's analysis found significant energy and water
savings, as required under EPCA. (AHAM, No. 76 at p. 4)
ASAP et al. commented that as estimated by the Joint Stakeholders,
the new standards for dishwashers will cost-effectively reduce energy
consumption by 15 percent relative to the current standards while also
cutting water waste. ASAP et al. added that on a national level, the
Joint Stakeholders estimate the standards will save 0.31 quadrillion
British thermal units (``Btu'') of energy and 240 billion gallons of
water over 30 years of shipments and cut carbon dioxide emissions by
9.5 million metric tons. (ASAP et al., No. 74 at p. 2)
In summary, DOE did not receive any adverse comments in relation to
the significant conservation of energy. DOE reiterates its
determination from the April 2024 Direct Final Rule that the energy
savings from the standard levels adopted in this direct final rule are
``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B). 89 FR
31398, 31405, 31413.
E. Unavailability of Performance Characteristics
EPCA specifies the Secretary may not prescribe an amended or new
standard if interested persons have established by a preponderance of
the evidence that the standard is likely to result in the
unavailability in the United States in any covered product type (or
class) of performance characteristics (including reliability),
features, sizes, capacities, and volumes that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
Word and Daquin commented that they are harmed by the April 2024
Direct Final Rule because their choice of preferred dishwasher would be
eliminated by the rule. Word and Daquin recommended that DOE repeal the
April 2024 Direct Final Rule and withdraw the proposed rule. (Word &
Daquin, No. 68 at p. 10)
DOE notes that Word and Daquin did not provide any specifics
regarding the dishwasher features that would be eliminated by the April
2024 Direct Final Rule or why these features and products would be
eliminated by amended standards.
In contrast, ASAP et al. commented that the standards adopted in
the April 2024 Direct Final Rule will not negatively impact drying
performance, will not require an increase in cycle time, and combined
with the cleaning performance requirements specified in Appendix C2,
will ensure new dishwashers provide good cleaning performance. ASAP et
al. noted that according to DOE, standard-size dishwashers of
efficiencies up to efficiency level 3 (``EL 3'') can achieve the
specified cleaning index threshold, while DOE only adopted EL 2 as the
amended standard level. ASAP et al. also stated that nearly 500
standard-size dishwasher models meet the more stringent (i.e., EL 3)
ENERGY STAR Version 7.0 specification,\7\ demonstrating a wide
availability of dishwashers that both meet the amended standards and
provide good cleaning performance. (ASAP et al., No. 74 at pp. 2-3)
ASAP et al. also noted that the test procedures used only the normal
cycle, so manufacturers will continue to be able to offer short-cycle
options, which will not be impacted by the standards. (ASAP et al., No.
74, at p. 3)
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\7\ ENERGY STAR Version 7.0 Program Requirements available at:
https://www.energystar.gov/sites/default/files/asset/document/ENERGY%20STAR%20Version%207.0%20Residential%20Dishwasher%20Final%20Specification_1.pdf.
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ASAP et al. further commented that there is no evidence that the
frequency of behaviors such as prerinsing, handwashing, or running
multiple cycles has increased or will increase due to the amended
standards. ASAP et al. cited RECS data that indicates the average
number of cycles per year has declined over time and a Consumer Reports
article that states most modern, efficient dishwashers work better
without prerinsing. (ASAP et al., No. 74 at p. 3)
[[Page 83616]]
AHAM commented that the energy conservation standards adopted in
the April 2024 Direct Final Rule will not result in significant
lessening of utility, reliability, performance, or availability of the
covered products as prohibited under the so-called ``safe harbor''
exception of 42 U.S.C. 6295(o)(2)(B)(IV). (AHAM, No. 76 at pp. 4-5)
AHAM stated that products on the market have demonstrated capability of
achieving the standards while retaining consumer satisfaction with a
range of performance considerations; and more than 400 dishwasher
models are currently certified to the more stringent ENERGY STAR
Version 7.0 level. AHAM noted that DOE's test procedure, confirmatory
testing data, confidential interviews, and ENERGY STAR's performance
requirements reinforce that the amended standards will not negatively
impact dishwasher performance. (AHAM, No. 76 at pp. 1-2)
DOE reiterates its determination from the April 2024 Direct Final
Rule that the amended standards will not result in the unavailability
of products that are substantially the same as those currently
available in the United States, and the amended standards will not
reduce the utility or performance of dishwashers. 89 FR 31398, 31413,
31464-31468. Therefore, DOE has determined that the comment provided by
Word and Daquin do not provide a reasonable basis for withdrawal of the
April 2024 Direct Final Rule.
F. Stakeholder Representation
Under 42 U.S.C. 6295(p)(4), interested persons that are fairly
representative of relevant points of view (including representatives of
manufacturers of covered products, States, and efficiency advocates),
as determined by DOE, may submit a joint recommendation to DOE for new
or amended energy conservation standards.
AHAM commented that the stakeholders who submitted the Joint
Agreement are representative of a wide range of expert and relevant
points of view--including manufacturers of various sizes representing
nearly 100 percent of the market for dishwashers; consumer,
environmental, and efficiency advocacy groups; a utility; and several
States that participated in the negotiation discussions and filed
comments in support of the agreement. AHAM concluded that the April
2024 Direct Final Rule benefits both the manufacturers and consumers
that these organizations represent. (AHAM, No. 76 at p. 3)
DOE did not receive any adverse comments with regard to stakeholder
representation. DOE reaffirms its determination that the Joint
Agreement was submitted by interested persons that are fairly
representative of relevant points of view.
G. Conforming Updates to Test Procedure Introductory Notes
The test procedures at appendix C1 and appendix C2 contain
introductory notes that specify the dates of applicability of each test
procedure. Among other details, these introductory notes currently
specify the following:
Since January 23, 2024, manufacturers must use results of
testing under appendix C1 to determine compliance with the relevant
standard from 10 CFR 430.32(f)(1) as it appeared in the January 1, 2023
edition of 10 CFR parts 200-499.
Manufacturers must use the results of testing under
appendix C2 to determine compliance with any amended standards for
dishwashers provided in 10 CFR 430.32(f)(1) that are published after
January 1, 2023.
The April 2024 Direct Final Rule codified the amended standards
promulgated by the April 2024 Direct Final Rule at 10 CFR 430.32(f)(2).
Accordingly, in this document, DOE updates the introductory notes
to both appendices C1 and appendix C2 to specify that use of appendix
C2 is required to demonstrate compliance with the amended standards
codified at 10 CFR 430.32(f)(2).
IV. Impact of Any Lessening of Competition
EPCA directs DOE to consider any lessening of competition that is
likely to result from new or amended standards. (42 U.S.C.
6295(p)(4)(A)(i) and (C)(i)(II); 42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the United States (``Attorney
General'') to determine the impact, if any, of any lessening of
competition likely to result from a proposed standard and to transmit
such determination to the Secretary within 60 days of the publication
of a proposed rule, together with an analysis of the nature and extent
of the impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this determination, DOE provided the
Department of Justice (``DOJ'') with copies of the April 2024 Direct
Final Rule, the corresponding NOPR, and the April 2024 Direct Final
Rule Technical Support Document for review. DOE has published DOJ's
comments at the end of this document.
In its letter responding to DOE, DOJ concluded that, based on its
review, the direct final rule standards for dishwashers are unlikely to
have significant adverse impact on competition.
V. Conclusion
In summary, based on the previous discussion, DOE has determined
that the comments received in response to the direct final rule for new
energy conservation standards for dishwashers do not provide a
reasonable basis for withdrawal of the direct final rule. As a result,
the energy conservation standards set forth in the direct final rule
became effective on August 22, 2024. Compliance with these standards is
required on and after April 23, 2027.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
and Small businesses.
Signing Authority
This document of the Department of Energy was signed on October 10,
2024, by Jeffrey Marootian, Principal Deputy 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 October 10, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations, to read as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. 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 83617]]
0
2. Amend appendix C1 to subpart B of part 430 by revising the
introductory note to read as follows:
Appendix C1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards
provided at Sec. 430.32(f)(1).
Manufacturers must use the results of testing under appendix C2
to this subpart to determine compliance with the amended standards
for dishwashers provided at Sec. 430.32(f)(2). Manufacturers may
use appendix C2 to certify compliance with the standards provided at
Sec. 430.32(f)(2) prior to the applicable compliance date for those
standards.
Any representations related to energy or water consumption of
dishwashers must be made in accordance with the appropriate appendix
that applies (i.e., appendix C1 or appendix C2) when determining
compliance with the relevant standards.
The regulation at 10 CFR 429.19(b)(3) provides instructions
regarding the combination of detergent and detergent dosing,
specified in section 2.5 of this appendix, used for certification.
* * * * *
0
3. Amend appendix C2 to subpart B of part 430 by revising the
introductory note to read as follows:
Appendix C2 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards
provided at Sec. 430.32(f)(2). Manufacturers may use this appendix
to certify compliance with the standards provided at Sec.
430.32(f)(2) prior to the applicable compliance date for those
standards.
Any representations related to energy or water consumption of
dishwashers must be made in accordance with the appropriate appendix
that applies (i.e., appendix C1 or appendix C2) when determining
compliance with the relevant standards.
* * * * *
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix A
June 21, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation,
Regulation and Energy Efficiency
U.S. Department of Energy
[email protected]
Re: Energy Conservation Standards for Dishwashers Docket EERE-2019-
BT-STD-0039
Dear Assistant General Counsel Grace-Tardy:
I am responding to your April 24, 2024 letter seeking the views
of the Attorney General about the potential impact on competition of
proposed energy conservation standards for dishwashers.
Your request was submitted under Section 325(o)(2)(B)(i)(V) of
the Energy Policy and Conservation Act, as amended (EPCA), 42 U.S.C.
6295(o)(2)(B)(i)(V) and 42 U.S.C. 6316(a), which requires the
Attorney General to make a determination of the impact of any
lessening of competition that is likely to result from the
imposition of proposed energy conservation standards. The Attorney
General's responsibility for responding to requests from other
departments about the effect of a program on competition has been
delegated to the Assistant Attorney General for the Antitrust
Division in 28 CFR 0.40(g). The Assistant Attorney General for the
Antitrust Division has authorized me, as the Policy Director for the
Antitrust Division, to provide the Antitrust Division's views
regarding the potential impact on competition of proposed energy
conservation standards on his behalf.
In conducting its analysis, the Antitrust Division examines
whether a proposed standard may lessen competition, for example, by
substantially limiting consumer choice or increasing industry
concentration. A lessening of competition could result in higher
prices to manufacturers and consumers.
We have studied in detail the Notice of Proposed Rulemaking
regarding dishwashers, as well as the Technical Support Document
(TSD) that accompanied it, both of which you transmitted to us under
cover of your April 24 letter. We also have reviewed the one public
comment and reviewed the docket.
Based on this review, our conclusion is that the proposed energy
conservation standards for dishwashers are unlikely to have a
significant adverse impact on competition.
Sincerely,
David G.B. Lawrence,
Policy Director.
[FR Doc. 2024-23908 Filed 10-16-24; 8:45 am]
BILLING CODE 6450-01-P