The U.S. Department of Energy has issued a Notice of Proposed Rulemaking to permanently end home federal appliance and equipment mandates that raise costs and disrupt consumer choice. The proposal will update the Department’s Process Rule used to establish energy conservation standards for household appliances and equipment, including air conditioning units, gas stoves, washing and drying machines, water heaters, refrigerators, and other products Americans rely on every day. In accordance with President Trump’s Executive Order, “Unleashing Prosperity through Deregulation,” the proposal will preserve consumer choice and lower costs. 

DOE is proposing to update the Department’s current rulemaking methodology titled, “Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment” (“Process Rule”).

Specifically, DOE proposes to: make Appendix A binding on DOE for certain actions; amend objectives and considerations consistent with recent executive orders and department policies; add a definition of “significant energy savings;” re-instate the comparative analysis requirement, described as a “walk up” approach; include certain economic thresholds; re-instate the description of clear and convincing evidence; and revert to language from the 2020 Process Rule text, with minor edits, in several sections.

Comments will be due 30 days after the proposal is published in the Federal Register. In addition to requesting written comments on its proposal, DOE will also hold a public meeting via webinar on July 15 to discuss this proposal and obtain additional input.

For further information contact NEFI Regulatory Counsel Rick Schweitzer at (703) 946-2548 or rpschweitzer@rpslegal.com.