Energy Conservation Program: Energy Conservation Standards for Residential Clothes Washers
Federal RegisterMay 31, 2012
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket Number EERE-2008-BT-STD-0019]
RIN 1904-AB90
Energy Conservation Program: Energy Conservation Standards for Residential Clothes Washers
AGENCY:
Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION:
Direct final rule.
SUMMARY:
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential clothes washers. EPCA also requires the U.S. Department of Energy (DOE) to determine whether amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this direct final rule, DOE is adopting amended energy conservation standards for residential clothes washers. It has determined that the amended energy conservation standards for these products would result in significant conservation of energy, and are technologically feasible and economically justified. A notice of proposed rulemaking that proposes identical energy efficiency standards is published elsewhere in today's
Federal Register
. If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, this final rule will be withdrawn and DOE will proceed with the proposed rule.
DATES:
The effective date of this rule is September 28, 2012 unless adverse comment is received by September 18, 2012. If adverse comments are received that DOE determines may provide a reasonable basis for withdrawal of the final rule, a timely withdrawal of this rule will be published in the
Federal Register
. If no such adverse comments are received, compliance with the amended standards established for residential clothes washers in today's final rule will be required on March 7, 2015 and January 1, 2018, as set forth in Table I.1 in
SUPPLEMENTARY INFORMATION
.
ADDRESSES:
The docket for this rulemaking is available for review at
www.regulations.gov,
including
Federal Register
notices, framework documents, public meeting attendee lists and transcripts, comments, and other supporting materials. All documents in the docket are listed in the
regulations.gov
index. Not all documents listed in the index may be publicly available, however, such as information that is exempt from public disclosure.
A link to the docket web page can be found at:
www.regulations.gov/#!docketDetail;D=EERE-2008-BT-STD-0019.
The
regulations.gov
web page contains instructions on how to access all documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Witkowski, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7463. Email:
Stephen.Witkowski@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7796. Email:
Elizabeth.Kohl@hq.doe.govmailto:.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of the Direct Final Rule and Its Benefits
A. Benefits and Costs to Consumers
B. Impact on Manufacturers
C. National Benefits
D. Conclusion
II. Introduction
A. Authority
B. Background
1. Current Standards
2. History of Standards Rulemaking for Residential Clothes Washers
3. Issues on Which DOE Seeks Comment
III. General Discussion
A. Product Classes and Scope of Coverage
1. Elimination of Existing Product Classes
2. Product Class Differentiation by Method of Access
3. Compact Product Class
4. Product Class Summary
B. Test Procedure
1. Capacity Measurement
2. Test Load Size
3. Self Clean Cycles
4. Steam Cycles
5. Consumer Usage Patterns
6. Standard Extractor RMC Test Procedure
7. Performance Metric
8. Standby Power
9. Test Cloth
10. Technical Edits
11. Anti-Circumvention
C. Technological Feasibility
1. General
2. Maximum Technologically Feasible Levels
D. Energy Savings
1. Determination of Savings
2. Significance of Savings
E. Economic Justification
1. Specific Criteria
2. Rebuttable Presumption
IV. Methodology and Discussion
A. Market and Technology Assessment
1. General
2. Products Included in This Rulemaking
3. Product Classes
4. Non-Regulatory Programs
5. Technology Options
B. Screening Analysis
1. Technologies Requiring Clarification or Reclassification
2. Technological Feasibility
3. Practicability to Manufacture, Install, and Service/Adverse Impacts on Product Utility or Availability
4. Adverse Impacts on Health or Safety
5. Additional Screening Criteria
C. Engineering Analysis
1. Other Technologies not Analyzed
2. Baseline Efficiency Levels
3. Higher Efficiency Levels
4. Maximum Technologically Feasible Efficiency Levels
5. Proprietary Designs
6. Reverse Engineering
D. Markups Analysis
E. Energy and Water Use Analysis
1. Clothes Washer Usage
2. Rebound Effect
F. Life-Cycle Cost and Payback Period Analysis
1. Product Cost
2. Installation Cost
3. Annual Energy Consumption
4. Energy Prices
5. Energy Price Projections
6. Water and Wastewater Prices
7. Maintenance and Repair Costs
8. Product Lifetime
9. Discount Rates
10. Compliance Date of Amended Standards
11. Base-Case Efficiency Distribution
12. Inputs to Payback Period Analysis
13. Rebuttable-Presumption Payback Period
G. National Impact Analysis—National Energy Savings and Net Present Value Analysis
1. Shipments
2. Forecasted Efficiency in the Base Case and Standards Cases
3. Total Installed Cost per Unit
4. National Energy and Water Savings
5. Net Present Value of Consumer Benefit
6. Benefits From Effects of Standards on Energy Prices
H. Consumer Subgroup Analysis
I. Manufacturer Impact Analysis
1. Overview
2. GRIM Analysis
3. Discussion of Comments
4. Manufacturer Interviews
J. Employment Impact Analysis
K. Utility Impact Analysis
L. Emissions Analysis
M. Monetizing Carbon Dioxide and Other Emissions Impacts
1. Social Cost of Carbon
2. Valuation of Other Emissions Reductions
V. Analytical Results
A. Trial Standard Levels
B. Economic Justification and Energy Savings
1. Economic Impacts on Individual Consumers
2. Economic Impacts on Manufacturers
3. National Impact Analysis
4. Impact on Utility or Performance of Products
5. Impact of Any Lessening of Competition
6. Need of the Nation to Conserve Energy
7. Other Factors
C. Conclusion
1. Benefits and Burdens of TSLs Considered for Residential Clothes Washers
2. Summary of Benefits and Costs (Annualized) of the Standards
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and Executive Order 13563
B. Review Under the Regulatory Flexibility Act
1. Description of Why DOE Is Considering the Standards in Today's Direct Final Rule
2. Statement of the Objectives of, and Legal Basis for, the Standards
3. Description and Estimated Number of Small Entities Regulated
4. Description and Estimate of Compliance Requirements
5. Duplication, Overlap, and Conflict With Other Rules
6. Significant Alternatives to the Rule
C. Review Under the Paperwork Reduction Act
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 the Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
M. Congressional Notification
VII. Approval of the Office of the Secretary
I. Summary of the Direct Final Rule and Its Benefits
Title III, Part B
1
of the Energy Policy and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established the Energy Conservation Program for Consumer Products Other Than Automobiles. Pursuant to EPCA, any new or amended energy conservation standard that DOE prescribes for certain products, such as residential clothes washers, shall be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, the new or amended standard must result in a significant conservation of energy. (42 U.S.C. 6295(o)(3)(B)) In accordance with these and other statutory provisions discussed in this notice, DOE is adopting amended energy conservation standards for residential clothes washers. The amended standards, which are a minimum allowable integrated modified energy factor (IMEF) and maximum allowable integrated water factor (IWF), are shown in Table I-1. One set of amended standards applies to all products listed in Table I-1 manufactured in, or imported into, the United States on or after March 7, 2015. A second set of amended standards applies to the two top-loading product classes for products manufactured in, or imported into, the United States on or after January 1, 2018.
1
For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.
Table I-1—Amended Energy Conservation Standards for Residential Clothes Washers (Compliance Starting 2015 and 2018)
Product class
Compliance date: March 7, 2015
Minimum IMEF *
Maximum IWF †
Compliance date: January 1, 2018
Minimum IMEF *
Maximum IWF †
1. Top-loading, Compact (less than 1.6 ft
3
capacity)
0.86
14.4
1.15
12.0
2. Top-loading, Standard
1.29
8.4
1.57
6.5
3. Front-loading, Compact (less than 1.6 ft
3
capacity)
1.13
8.3
N/A
4. Front-loading, Standard
1.84
4.7
N/A
* IMEF (integrated modified energy factor) is calculated as the clothes container capacity in cubic feet divided by the sum, expressed in kilowatt-hours (kWh), of: (1) The total weighted per-cycle hot water energy consumption; (2) the total weighted per-cycle machine electrical energy consumption; (3) the per-cycle energy consumption for removing moisture from a test load; and (4) the per-cycle standby and off mode energy consumption.
† IWF (integrated water consumption factor) is calculated as the sum, expressed in gallons per cycle, of the total weighted per-cycle water consumption for all wash cycles divided by the clothes container capacity in cubic feet.
These standard levels are equivalent to those proposed in a comment submitted by groups representing manufacturers; energy and environmental advocates; and consumer groups. This collective set of comments, titled “Agreement on Minimum Federal Efficiency Standards, Smart Appliances, Federal Incentives and Related Matters for Specified Appliances” (the “Joint Petition”
2
), recommends specific energy conservation standards for residential clothes washers that, in the commenters' view, would satisfy the EPCA requirements in 42 U.S.C. 6295(o). The amended standards that DOE is adopting in today's direct final rule are the clothes washer efficiencies recommended in the Joint Petition (shown in Table I-2), evaluated according to DOE's clothes washer test procedure at appendix J2 and expressed in integrated energy and water use metrics.
2
DOE Docket No. EERE-2008-BT-STD-0019, Comment 35.
Table I-2—Joint Petition Recommended Energy Conservation Standards for Residential Clothes Washers
Product class
Compliance date: 2015
Minimum MEF *
Maximum WF †
Compliance date: 2018
Minimum MEF *
Maximum WF †
1. Top-loading, Compact (less than 1.6 ft
3
capacity)
1.26
14.0
1.81
11.6
2. Top-loading, Standard
1.72
8.0
2.0
6.0
3. Front-loading, Compact (less than 1.6 ft
3
capacity)
1.72
8.0
N/A
4. Front-loading, Standard
2.20
4.5
N/A
* MEF (modified energy factor) is calculated as the clothes container capacity in cubic feet divided by the sum, expressed in kilowatt-hours (kWh), of: (1) The total weighted per-cycle hot water energy consumption; (2) the total weighted per-cycle machine electrical energy consumption; and (3) the per-cycle energy consumption for removing moisture from a test load.
† WF (water consumption factor) is calculated as the sum, expressed in gallons per cycle, of the total weighted per-cycle water consumption for the cold wash/cold rinse cycle divided by the clothes container capacity in cubic feet.
As discussed further in III.A.1, DOE did not maintain the top-loading semi-automatic and suds-saving product classes, and therefore did not consider these product classes in its analysis. DOE also added a front-loading, compact product class.
A. Benefits and Costs to Consumers
Table I-3 presents DOE's evaluation of the economic impacts of today's standards on consumers of residential clothes washers, as measured by the average life-cycle cost (LCC) savings and the median payback period. The impacts on consumers, as measured by the average LCC savings, are positive for all product classes.
Table I-3—Impacts of Today's Standards on Consumers of Residential Clothes Washers
Product class
Average LCC savings (
2010$
)
Median payback period (
years
)
Top-Loading, Standard *
268/366
0.4/0.9
Front-Loading, Standard
37
1.3
Top-Loading, Compact *
159/312
0.5/2.1
Front-Loading, Compact
54
0.8
* The first value refers to the standards in 2015, and the second value refers to the standards in 2018.
B. Impact on Manufacturers
The industry net present value (INPV) is the sum of the discounted cash flows to the industry from the base year through the end of the analysis period (2015 to 2044). Using a real discount rate of 8.5 percent, DOE estimates that the industry net present value (INPV) for manufacturers of clothes washers is $2,586 million in 2010$. Under today's standards, DOE expects that manufacturers may lose up to 33 percent of their INPV, which is approximately $859 million. Additionally, based on DOE's interviews with the manufacturers of clothes washers, DOE does not expect any plant closings or significant loss of employment.
C. National Benefits
DOE's analyses indicate that today's standards would save a significant amount of energy and water over 30 years (2015-2044)—an estimated 2.04 quads of energy and 3.03 trillion gallons of water. In addition, DOE expects the energy savings from today's standards to eliminate the need for approximately 1.30 gigawatts (GW) of generating capacity by 2044.
The cumulative national net present value (NPV) of total consumer costs and savings of today's standards in 2010$ ranges from $13.01 billion (at a 7-percent discount rate) to $31.29 billion (at a 3-percent discount rate). This NPV expresses the estimated total value of future operating-cost savings minus the estimated increased product costs for products purchased in 2015-2044, discounted to 2011.
In addition, today's standards would have significant environmental benefits. The energy savings would result in cumulative greenhouse gas emission reductions of approximately 113 million metric tons (Mt) of carbon dioxide (CO
2
) from 2015 through 2044. During this period, the standards would also result in emissions reductions
3
of approximately 94.1 thousand tons of nitrogen oxides (NO
X
) and 0.269 ton of mercury (Hg).
4
DOE estimates that the net present monetary value of the CO
2
emissions reductions is between $530 and $8,450 million, expressed in 2010$ and discounted to 2011. The value of the CO
2
reductions is calculated using a range of values per metric ton of CO
2
developed by a recent interagency process. The derivation of these Social Cost of Carbon (SCC) values is discussed in section IV.M.1. DOE also estimates that the net present monetary value of the NO
X
emissions reductions, expressed in 2010$ and discounted to 2011, is $12 to $122 million at a 7-percent discount rate, and $28 to $286 million at a 3-percent discount rate.
5
3
DOE calculates emissions reductions relative to the most recent version of the
Annual Energy Outlook
(
AEO
) Reference case forecast. As noted in section 15.2 of the direct final rule TSD chapter 15, this forecast accounts for emissions reductions from in-place regulations, including the Clean Air Interstate Rule (CAIR, 70 FR 25162 (May 12, 2005)), but not the Clean Air Mercury Rule (CAMR, 70 FR 28606 (May 18, 2005)). Subsequent regulations, including the recently finalized transport rule, the Cross-State Air Pollution rule issued on July 6, 2011, do not appear in the forecast at this time.
4
Results for NO
X
and Hg are presented in short tons. One short ton equals 2,000 lbs.
5
DOE is aware of multiple agency efforts to determine the appropriate range of values used in evaluating the potential economic benefits of reduced Hg emissions. DOE has decided to await further guidance regarding consistent valuation and reporting of Hg emissions before it once again monetizes Hg emissions reductions in its rulemakings.
The benefits and costs of today's standards, for products sold in 2015-2044, can also be expressed in terms of annualized values. The annualized monetary values are the sum of (1) the annualized national economic value, expressed in 2010$, of the benefits from operating the product (consisting primarily of operating cost savings from using less energy, minus increases in equipment purchase and installation costs, which is another way of representing consumer NPV, plus (2) the annualized monetary value of the benefits of emission reductions, including CO
2
emission reductions.
6
6
DOE used a two-step calculation process to convert the time-series of costs and benefits into annualized values. First, DOE calculated a present value in 2011, the year used for discounting the NPV of total consumer costs and savings, for the time-series of costs and benefits using discount rates of three and seven percent for all costs and benefits except for the value of CO
2
reductions. For the latter, DOE used a range of discount rates, as shown in Table I-3. From the present value, DOE then calculated the fixed annual payment over a 30-year period that yields the same present value. The fixed annual payment is the annualized value. Although DOE calculated annualized values, this does not imply that the time-series of cost and benefits from which the annualized values were determined is a steady stream of payments.
Although adding the value of consumer savings to the values of emission reductions provides a valuable perspective, two issues should be considered. First, the national operating cost savings are domestic U.S. consumer monetary savings that occur as a result of market transactions, while the value of CO
2
reductions is based on a global value. Second, the assessments of operating cost savings and CO
2
savings are performed with different methods that use quite different time frames for analysis. The national operating cost savings is measured for the lifetime of products shipped in 2015-2044. The SCC values, on the other hand, reflect the present value of some future climate-related impacts resulting from the emission of one metric ton of carbon dioxide in each year. These impacts continue well beyond 2100.
Table I-4 shows the annualized values for today's standards for residential clothes washers, expressed in 2010$. The results under the primary estimate are as follows. Using a 7-percent discount rate for benefits and costs other than CO
2
reductions, for which DOE used a 3-percent discount rate along with the SCC series corresponding to a value of $22.3/ton in 2010, the cost of the standards for clothes washers in today's rule is $185 million per year in increased equipment costs, while the annualized benefits are $1,234 million per year in reduced equipment operating costs, $141.7 million in CO
2
reductions, and $5.4 million in reduced NO
X
emissions. In this case, the net benefit amounts to $1.20 billion per year. Using a 3-percent discount rate for all benefits and costs and the SCC series corresponding to a value of $22.3/ton in 2010, the cost of the standards for clothes washers in today's rule is $212 million per year in increased equipment costs, while the benefits are $1,808 million per year in reduced operating costs, $141.7 million in CO
2
reductions, and $8.0 million in reduced NO
X
emissions. In this case, the net benefit amounts to $1.75 billion per year.
Table I-4—Annualized Benefits and Costs of Amended Standards for Residential Clothes Washers for Products Sold in 2015-2044
Discount rate
Primary estimate*
Low net benefits estimate*
High net benefits estimate*
Monetized (million 2010$/year)
Benefits
Operating Cost Savings
7%
1234
1101
1379.
3%
1808
1587
2042.
CO
2
Reduction at $4.9/t **
5%
34.5
31.7
37.4.
CO
2
Reduction at $22.3/t **
3%
142
130
154.
CO
2
Reduction at $36.5/t **
2.5%
226
207
246.
CO
2
Reduction at $67.6/t **
3%
431
396
469.
NO
X
Reduction at $2,537/t **
7%
3%
5.40
8.01
5.03
7.39
5.82.
8.68.
Total †
7% plus CO
2
range
1274 to 1671
1137 to 1502
1423 to 1854.
7%
1381
1236
1539.
3% plus CO
2
range
1851 to 2248
1626 to 1991
2089 to 2520.
3%
1958
1725
2205.
Costs
Incremental Product Costs
7%
185
258
200.
3%
212
309
230.
Total Net Benefits
Total †
7% plus CO
2
range
1088 to 1485
880 to 1244
1223 to 1654.
7%
1196
978
1339.
3% plus CO
2
range
1639 to 2036
1317 to 1682
1859 to 2291.
3%
1746
1416
1976.
* The Primary, Low Benefits, and High Benefits Estimates utilize forecasts of energy prices and housing starts (which affect product shipments) from the
AEO2010
Reference case, Low Economic Growth case, and High Economic Growth case, respectively. In addition, incremental product costs reflect a declining trend using the default product price trend in the Primary Estimate and the High Benefits Estimate, and constant product prices in the Low Benefits Estimate. Because product prices are constant in the Low Benefits Estimate, the incremental product costs are higher than in the other two estimates. Although the price trends in the Primary Estimate and the High Benefits Estimate are the same, the incremental product costs are higher in the High Benefits Estimate because this case assumes High Economic Growth and thus has more product shipments. The approach used for forecasting product prices is explained in section IV.F.1.
** The CO
2
values represent global values (in 2010$) of the social cost of CO
2
emissions in 2010 under several scenarios. The values of $4.9, $22.3, and $36.5 per ton are the averages of SCC distributions calculated using 5%, 3%, and 2.5% discount rates, respectively. The value of $67.6 per ton represents the 95th percentile of the SCC distribution calculated using a 3% discount rate. The value for NO
X
(in 2010$) is the average of the low and high values used in DOE's analysis.
† Total Benefits for both the 3% and 7% cases are derived using the SCC value calculated at a 3% discount rate, which is $22.3/ton in 2010 (in 2010$). In the rows labeled as “7% plus CO
2
range” and “3% plus CO
2
range,” the operating cost and NO
X
benefits are calculated using the labeled discount rate, and those values are added to the full range of CO
2
values.
D. Conclusion
Based on the analyses culminating in this final rule, DOE found the benefits to the nation of the standards (energy savings, water savings, favorable consumer LCC savings and payback period, positive NPV of consumer benefit, and emission reductions) outweigh the burdens (profit margin impacts that could result in a reduction in INPV for manufacturers). DOE has concluded that the standards in today's final rule represent the maximum improvement in energy efficiency that is technologically feasible and economically justified, and would result in significant conservation of energy. DOE further notes that residential clothes washers achieving these standard levels are already commercially available.
II. Introduction
The following section briefly discusses the statutory authority underlying today's final rule, as well as some of the relevant historical background related to the establishment of standards for residential clothes washers.
A. Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles,
7
a program covering most major household appliances (collectively referred to as “covered products”), which includes the residential clothes washers that are the subject of this rulemaking. (42 U.S.C. 6292(a)(7)) EPCA prescribed energy conservation standards for these products (42 U.S.C. 6295(g)(9)(a)), and directed DOE to conduct three cycles of rulemakings to determine whether to amend these standards. (42 U.S.C. 6295(g)(4)(A), (g)(4)(B), and (g)(9)(B)) DOE also notes that under 42 U.S.C. 6295(m), DOE must also periodically review its energy conservation standards for covered products.
7
For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.
Pursuant to EPCA, DOE's energy conservation program for covered products consists essentially of four parts: (1) Testing; (2) labeling; (3) the establishment of Federal energy conservation standards; and (4) certification and enforcement procedures. The Federal Trade Commission (FTC) is primarily responsible for labeling, and DOE implements the remainder of the program. Subject to certain criteria and conditions, DOE is required to develop test procedures to measure the energy efficiency, energy use, or estimated annual operating cost of each covered product. (42 U.S.C. 6293) Manufacturers of covered products must use the prescribed DOE test procedure as the basis for certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA and when making representations to the public regarding the energy use or efficiency of those products. (42 U.S.C. 6293(c) and 6295(s)) Similarly, DOE must use these test procedures to determine whether the products comply with standards adopted pursuant to EPCA.
Id.
The DOE test procedures for residential clothes washers appear at title 10 of the Code of Federal Regulations (CFR) part 430, subpart B, appendices J1 and J2. Until the compliance date of the amended energy and water conservation standards established in today's direct final rule, absent withdrawal of the rule by DOE pursuant to 42 U.S.C. 6295(p)(4), manufacturers must use the test procedures at appendix J1 to certify compliance. Subsequently, manufacturers must use the test procedures at appendix J2. Similarly, DOE will use the test procedure at appendix J1 for enforcement purposes until the compliance date of these amended energy and water conservation standards, and will subsequently use appendix J2. See section III.B for a detailed discussion of the test procedure amendments.
DOE must follow specific statutory criteria for prescribing amended standards for covered products. As indicated above, any amended standard for a covered product must be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, DOE may not adopt any standard that would not result in the significant conservation of energy. (42 U.S.C. 6295(o)(3)) In deciding whether an amended 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, to the greatest extent practicable, considering the following seven 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 imposition of the standard;
3. The total projected amount of energy, or as applicable, water, savings likely to result directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered products likely to result from the imposition of 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 imposition of the standard;
6. The need for national energy and water conservation; and
7. Other factors the Secretary of Energy (Secretary) considers relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
EPCA allows DOE to issue a final rule (hereinafter referred to as a “direct final rule”) establishing an energy conservation standard 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, that contains recommendations with respect to an energy conservation standard that are in accordance with the provisions of 42 U.S.C. 6295(o). A notice of proposed rulemaking (NOPR) that proposes an identical energy efficiency standard must be published simultaneously with the final rule, and DOE must provide a public comment period of at least 110 days. 42 U.S.C. 6295(p)(4) Not later than
120 days after issuance of the direct final rule, if one or more adverse comments or an alternative joint recommendation are received relating to the direct final rule, the Secretary must determine whether the comments or alternative recommendation may provide a reasonable basis for withdrawal under 42 U.S.C. 6295(o) or other applicable law. If the Secretary makes such a determination, DOE must withdraw the direct final rule and proceed with the simultaneously published notice of proposed rulemaking. DOE must publish in the
Federal Register
the reason why the direct final rule was withdrawn.
Id.
Furthermore, EPCA contains what is known as an “anti-backsliding” provision, which prevents the Secretary from prescribing any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of a covered product. (42 U.S.C. 6295(o)(1)) Also, 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 of 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))
EPCA also establishes a rebuttable presumption that a standard is economically justified if the Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation standard level will be less than three times the value of the energy savings during the first year that the consumer will receive as a result of the standard, as calculated under the applicable test procedure. See 42 U.S.C. 6295(o)(2)(B)(iii).
Additionally, 42 U.S.C. 6295(q)(1) specifies requirements when promulgating a standard for a type or class of covered product that has two or more subcategories. DOE must specify a different standard level than that which applies generally to such type or class of products for any group of covered products which have the same function or intended use, if products within such group—(A) consume a different kind of energy from that consumed by other covered products within such type (or class); or (B) have a capacity or other performance-related feature which other products within such type (or class) do not have and such feature justifies a higher or lower standard than applies or will apply to the other products within that type or class.
Id.
In determining whether a performance-related feature justifies a different standard for a group of products, DOE must consider such factors as the utility to the consumer of such a feature and other factors DOE deems appropriate.
Id.
Any rule prescribing such a standard must include an explanation of the basis on which such higher or lower level was established. (42 U.S.C. 6295(q)(2)).
Federal energy conservation requirements generally supersede State laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions set forth under 42 U.S.C. 6297(d)).
Any final rule for new or amended energy conservation standards promulgated after July 1, 2010, must address standby mode and off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE adopts a standard for a covered product after that date, it must, if justified by the criteria for adoption of standards under EPCA (42 U.S.C. 6295(o)), incorporate standby mode and off mode energy use into the standard, or, if that is not feasible, adopt a separate standard for such energy use for that product. (42 U.S.C. 6295(gg)(3)(A)-(B)) The current standard for residential clothes washers is based on modified energy factor (MEF), a metric that does not incorporate standby or off mode energy use. On March 7, 2012, DOE published a final rule revising the clothes washer test procedure (hereafter, the March 2012 TP final rule). 77 FR 13888. Use of the new test procedure in 10 CFR 430 subpart B appendix J2 will be required for clothes washers manufactured on or after the compliance date of the 2015 standard in this direct final rule. The revised test procedure establishes an “integrated modified energy factor” (IMEF), a metric that incorporates energy use in standby and off modes. The revised test procedure also includes updates to the active mode provisions of the test procedure, which affect the calculation of IMEF, and establishes an “integrated water factor” (IWF). In this final rule, DOE prescribes amended energy conservation standards based on IMEF and IWF.
DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011 (76 FR 3281, Jan. 21, 2011). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, agencies are required by Executive Order 13563 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 information upon which choices can be made by the public.
We emphasize as well that Executive Order 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 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, DOE believes that today's direct final rule is consistent with these principles, including that, to the extent permitted by law, agencies adopt a regulation only upon a reasoned determination that its benefits justify its costs and select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits.
Consistent with E.O. 13563, and the range of impacts analyzed in this rulemaking, the energy conservation standards adopted herein by DOE achieve maximum net benefits.
B. Background
1. Current Standards
In a final rule published on January 12, 2001 (2001 Final Rule), DOE prescribed amended energy conservation standards for residential clothes washers. 66 FR 3314. EPCA, as amended by EISA 2007, revised the energy conservation standards for
residential clothes washers by establishing a maximum water factor value, effective January 1, 2011. These standards are set forth in Table II-1.
Table II-1—Energy Conservation Standards for Residential Clothes Washers Established in the 2001 Final Rule and EISA 2007
Product class
MEF
ft
3
/kWh/cycle
WF
gal/cycle/ft
3
Top-Loading, Compact (less than 1.6 ft
3
capacity)
* 0.65
N/A
Top-Loading, Standard
* 1.26
** 9.5
Front-Loading
* 1.26
** 9.5
Top-Loading, Semi-Automatic
N/A
N/A
Suds-Saving
N/A
N/A
*
Source:
2001 Final Rule (66 FR 3314).
**
Source:
EISA 2007 (42 U.S.C. 6295(g)(9)).
The EPCA amendments in EISA 2007 also require DOE to publish a final rule no later than December 31, 2011 determining whether to amend the standards in effect for clothes washers manufactured on or after January 1, 2015. (42 U.S.C. 6295(g)(9)) Today's final rule fulfills this statutory requirement.
The EISA 2007 amendments further require that any final rule for new or amended energy conservation standards promulgated after July 1, 2010, address standby mode and off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE adopts a standard for a covered product after that date, it must, if justified by the criteria for adoption of standards under EPCA (42 U.S.C. 6295(o)), incorporate standby mode and off mode energy use into the standard, or, if that is not feasible, adopt a separate standard for such energy use for that product. (42 U.S.C. 6295(gg)(3)(A)-(B)) Today's standards are based on an “integrated modified energy factor” (IMEF), which incorporates energy use in standby mode and off mode, and an “integrated water factor” (IWF), which more accurately represents consumer usage patterns compared to the current water factor metric.
2. History of Standards Rulemaking for Residential Clothes Washers
The National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 100-12 (March 17, 1989), amended EPCA and required that all rinse cycles of clothes washers manufactured after January 1, 1988 include an unheated water option, but stated that such clothes washers may have a heated water rinse option. NAECA further required that DOE conduct two cycles of rulemakings to determine if amended standards are justified. (42 U.S.C. 6295(g)(2) and (4)).
To complete the first rulemaking cycle required by NAECA, DOE published an advance notice of proposed rulemaking (ANOPR) on May 18, 1988 (53 FR 17712), a NOPR on August 9, 1989 (54 FR 32744), and a final rule on May 14, 1991 (May 1991 final rule). 56 FR 22279. The May 1991 final rule mandated performance-based energy conservation standards for top-loading compact and standard clothes washers based on a minimum energy factor (EF) for products manufactured on or after May 14, 1994.
To complete the second rulemaking cycle required by NAECA, the Department published an ANOPR on November 14, 1994 to consider amending the energy conservation standards for clothes washers, dishwashers, and clothes dryers. 59 FR 56423. DOE published a supplemental ANOPR for clothes washers on November 19, 1998 (63 FR 64343), a NOPR on October 5, 2000 (65 FR 59550), and a final rule on January 12, 2001 revising the energy conservation standards. 66 FR 3314.
As mentioned in the “Background” section, EISA 2007 amended EPCA to revise the energy conservation standards for residential clothes washers by establishing a maximum water factor, effective January 1, 2011. (42 U.S.C. 6295(g)(9)) EPCA, as amended by EISA 2007, further requires that DOE publish a final rule no later than December 31, 2011, to determine whether to amend the standards in effect for clothes washers manufactured on or after January 1, 2015. (42 U.S.C. 6295(g)(9)(B)(i)).
DOE initiated the current rulemaking on August 28, 2009 by publishing a notice announcing the availability of the framework document, the “Energy Conservation Standards Rulemaking Framework Document for Residential Clothes Washers.” In this notice, DOE also announced a public meeting and requested public comment on the matters raised in the framework document. 74 FR 44306 (Aug. 28, 2009). The framework document described the procedural and analytical approaches that DOE anticipated using to evaluate energy conservation standards for clothes washers and identified various issues to be resolved in conducting this rulemaking. The framework document is available at
http://www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_washers_framework.html
.
DOE held a public meeting on September 21, 2009, where it presented the contents of the framework document; described the analyses it planned to conduct during the rulemaking; sought comments from interested parties on these subjects; and, in general, sought to inform interested parties about, and facilitate their involvement in, the rulemaking. Interested parties discussed the following major issues at the public meeting: Test procedure revisions; product classes; technology options; approaches to the engineering, life-cycle cost, payback period and national impact analyses; efficiency levels analyzed in the engineering analysis; and the approach for estimating typical energy and water consumption. At the meeting and during the period for commenting on the framework document, DOE received many comments that helped it identify and resolve issues involved in this rulemaking.
In response to the framework document, DOE received the Joint Petition, a comment submitted by groups representing manufacturers (the Association of Home Appliance Manufacturers (AHAM), Whirlpool Corporation (Whirlpool), General Electric Company (GE), Electrolux, LG Electronics, Inc. (LG), BSH Home Appliances (BSH), Alliance Laundry Systems (ALS), Viking Range, Sub-Zero Wolf, Friedrich A/C, U-Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik, Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, and DeLonghi); energy and environmental advocates (American Council for an Energy Efficient Economy (ACEEE), Appliance Standards Awareness Project (ASAP), Natural Resources Defense Council (NRDC), Alliance to Save Energy (ASE), Alliance for Water Efficiency (AWE), Northwest Power and Conservation Council (NPCC), and Northeast Energy Efficiency Partnerships (NEEP)); and consumer groups (Consumer Federation of America (CFA) and the National Consumer Law Center (NCLC)) (collectively, the “Joint Petitioners”). The Joint Petitioners recommended specific energy conservation standards for residential clothes washers that, in their view, would satisfy the EPCA requirements in 42 U.S.C. 6295(o). Earthjustice submitted a comment
affirming its support for the joint petition. (Earthjustice, No. 38 at p. 1).
8
8
A notation in the form “Earthjustice, No. 38 at p. 1” identifies a written comment that DOE has received and has included in the docket of the standards rulemaking for residential clothes washers (Docket No. EERE-2008-BT-STD-0019). This particular notation refers to a comment (1) submitted by Earthjustice, (2) in document number 38 in the docket of that rulemaking, and (3) appearing on page 1 of document number 38.
After careful consideration of the Joint Petition containing a consensus recommendation for amended energy conservation standards for residential clothes washers, the Secretary has determined that this “Consensus Agreement” has been submitted by interested persons who are fairly representative of relevant points of view on this matter. Congress provided some guidance within the statute itself by specifying that representatives of manufacturers of covered products, States, and efficiency advocates are relevant parties to any consensus recommendation. (42 U.S.C. 6295(p)(4)(A)) As delineated above, the Consensus Agreement was signed and submitted by a broad cross-section of the manufacturers who produce the subject products, their trade associations, and environmental, energy efficiency, and consumer advocacy organizations. Although States were not signatories to the Consensus Agreement, they did not express any opposition to it. Moreover, DOE does not read the statute as requiring absolute agreement among all interested parties before the Department may proceed with issuance of a direct final rule. By explicit language of the statute, the Secretary has discretion to determine when a joint recommendation for an energy or water conservation standard has met the requirement for representativeness (
i.e.,
“as determined by the Secretary”). Accordingly, DOE will consider each consensus recommendation on a case-by-case basis to determine whether the submission has been made by interested persons fairly representative of relevant points of view.
Pursuant to 42 U.S.C. 6295(p)(4), the Secretary must also determine whether a jointly-submitted recommendation for an energy or water conservation standard is in accordance with 42 U.S.C. 6295(o) or 42 U.S.C. 6313(a)(6)(B), as applicable. This determination is exactly the type of analysis which DOE conducts whenever it considers potential energy conservation standards pursuant to EPCA. DOE applies the same principles to any consensus recommendations it may receive to satisfy its statutory obligation to ensure that any energy conservation standard that it adopts achieves the maximum improvement in energy efficiency that is technologically feasible and economically justified and will result in significant conservation of energy. Upon review, the Secretary determined that the Consensus Agreement submitted in the instant rulemaking comports with the standard-setting criteria set forth under 42 U.S.C. 6295(o). Accordingly, the consensus agreement levels were included as trial standard level (TSL) 3 in today's rule for residential clothes washers. The details of the efficiency levels comprising TSL 3 and the other TSLs considered for the direct final rule are discussed in section VI.A.
In sum, because the relevant criteria under 42 U.S.C. 6295(p)(4) have been satisfied, the Secretary has determined that it is appropriate to adopt amended energy conservation standards for residential clothes washers through this direct final rule.
As required by the same statutory provision, DOE is also simultaneously publishing a NOPR which proposes the identical standard levels contained in this direct final rule and is providing for a 110-day public comment period. DOE will consider whether any comment received during this comment period is sufficiently “adverse” as to provide a reasonable basis for withdrawal of the direct final rule and continuation of this rulemaking under the NOPR. Typical of other rulemakings, it is the substance, rather than the quantity, of comments that will ultimately determine whether a direct final rule will be withdrawn. To this end, the substance of any adverse comment(s) received will be weighed against the anticipated benefits of the Consensus Agreement and the likelihood that further consideration of the comment(s) would change the results of the rulemaking. DOE notes that to the extent an adverse comment had been previously raised and addressed in the rulemaking proceeding, such a submission will not typically provide a basis for withdrawal of a direct final rule.
3. Issues on Which DOE Seeks Comment
As stated previously, in promulgating today's direct final rule pursuant to 42 U.S.C. 6295(p)(4), DOE carefully considered the Joint Petition submitted to DOE, which contained a consensus recommendation for amended energy conservation standards for residential clothes washers. For the reasons stated in this direct final rule, the Secretary determined that the “Consensus Agreement” was submitted by interested persons who are fairly representative of relevant points of view on this matter. The Secretary also determined, for the reasons set forth in this direct final rule, that the standards contained in the Consensus Agreement comport with the standard-setting criteria set forth under 42 U.S.C. 6295(o). Therefore, the Secretary promulgates this direct final rule establishing the amended energy conservation standards for residential clothes washers.
As required by the same statutory provision, DOE is also simultaneously publishing a NOPR and providing for a 110-day public comment period. Should DOE determine to proceed with the NOPR, or to gather additional data for future energy conservation standards activities for residential clothes washers, DOE will consider any comments and data received on the direct final standards. Although comments are welcome on all aspects of this rulemaking, DOE is particularly interested in comments on the following:
(1) Impacts of the standards that may lessen or improve the utility or performance of the covered products. These impacts may include increased cycle times to wash clothes, ability to achieve good wash performance (
e.g.,
cleaning and rinsing), increased longevity of clothing, improved ergonomics of washer use, increase in noise, and other potential impacts.
(2) The 2015 and 2018 compliance dates for the proposed standards and whether these compliance dates adequately consider the typical clothes washer model design cycle for manufacturers.
(3) Whether repair costs for residential clothes washers would increase at the efficiency levels indicated in today's rule due to any changes in the design and materials and components used in order to comply with the new efficiency standards.
(4) Where there would be any anticipated changes in the consumption of complementary goods (
e.g.,
laundry detergent, stain removers, fabric softeners) that may result from the proposed standards.
(5) Whether DOE should incorporate the cost of risers or storage drawers (also referred to as pedestals) into the baseline installation costs for front-loading machines.
Changes in the Utility of the Products
DOE has prepared a technical support document (TSD) that analyzed the effect of this rule on, among other things, life cycle costs, payback periods and other consumer-related impacts. However, there are other facets of consumer welfare that are not explicitly captured in this analysis, including washing
performance, increased longevity of clothing, and noise. While information gathered in the course of this rulemaking did not demonstrate a linkage between these topics and efficiency standards, DOE is seeking comment and information on how consumers value changes in these attributes and if those values should be incorporated into DOE analysis.
Also, although it is outside the scope of this rule, DOE may consider seeking information on whether to account for wash performance and fabric care in test procedures for clothes washers.
2015 and 2018 Compliance Dates
Recognizing that this direct final rule, including the compliance dates, is based on a consensus agreement including virtually all manufacturers of residential clothes washers, DOE is seeking comment on redesign timelines anticipated by the manufacturers and how the 2015 and 2018 compliance dates may affect those timelines. DOE's manufacturer impact analysis is based on information provided by the manufacturer and supports the positions that manufacturers will need to make only minor redesign to comply with the 2015 standards, though the 2018 standards could require more substantial redesigns. Accepting that manufacturers fully considered their cost implications prior to entering voluntarily the consensus agreement, DOE assumes that manufacturers would not have agreed to compliance dates they could not meet or that imposed prohibitive costs. However, depending on how the redesign timeline and the compliance dates coincide, the cost estimates may be affected, for example, due to sunk cost, as well as the anticipated market shares of front-loading versus top-loading clothes washers.
The TSD, which is available at the rulemaking Web site at
www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_washers.html,
provides an overview of the activities DOE undertook in developing standards for clothes washers. It presents and describes in detail each analysis DOE performed, including descriptions of inputs, sources, methodologies, and results. These analyses are as follows:
• A
market and technology assessment
addresses the scope of this rulemaking, identifies the clothes washer product classes, characterizes the markets for the products, and reviews techniques and approaches for improving their efficiency.
• A
screening analysis
reviews technology options to improve the efficiency of residential clothes washers and weighs those options against DOE's four prescribed screening criteria.
• An
engineering analysis
develops the relationship between increased manufacturer price and increased efficiency.
• A
markups analysis
establishes markups for converting manufacturer prices to customer product costs.
• An
energy use analysis
generates energy-use estimates for residential clothes washers as a function of efficiency levels.
• A
life-cycle cost analysis
calculates the effects of standards on individual customers and compares the life-cycle costs (LCC) and payback period (PBP) of products with and without higher efficiency standards.
• A
shipments analysis
forecasts shipments with and without higher efficiency standards.
• A
national impact analysis
forecasts the national energy savings (NES), and the national net present value of total consumer costs and savings, expected to result from specific, potential energy conservation standards for residential clothes washers.
• A
consumer subgroup analysis
discusses the effects of standards on different subgroups of consumers.
• A
manufacturer impact analysis
discusses the effects of standards on the finances and profitability of product manufacturers.
• An
employment impact analysis
discusses the indirect effects of standards on national employment.
• A
utility impact analysis
discusses the effects of standards on electric and gas utilities.
• An
emissions analysis
discusses the effects of standards on three pollutants—sulfur dioxide (SO
2
), nitrogen oxides (NO
X
), and mercury—as well as carbon emissions.
• A
regulatory impact analysis
discusses the impact of non-regulatory alternatives to efficiency standards.
Finally, the comments received since publication of the framework document, including the Joint Petition, have contributed to DOE's proposed resolution of the issues in this rulemaking. This direct final rule addresses these comments and responds to the issues they raised.
III. General Discussion
A. Product Classes and Scope of Coverage
When evaluating and establishing energy conservation standards, DOE divides covered products into product classes by the type of energy used or by capacity or other performance-related features that affect efficiency. Different energy conservation standards may apply to different product classes. (42 U.S.C. 6295(q))
DOE received several comments from interested parties regarding the product classes and their organization. Specifically, DOE received comments regarding the criteria used as a basis for creating product classes; the potential elimination of top-loading semiautomatic and suds-saving product classes; and whether combination washer/dryers are covered products. DOE's responses to these comments are discussed in the following sections.
Existing energy conservation standards divide residential clothes washers into five product classes based on location of access, capacity, and other features such as suds saving.
• Top-loading, compact (less than 1.6 cubic feet capacity);
• Top-loading, standard (1.6 cubic feet or greater capacity);
• Top-loading, semiautomatic;
• Front-loading; and
• Suds-saving.
AWE stated that DOE's practice of considering separate product classes should be analyzed, and that by making exceptions for old technologies by creating their own product class, DOE hinders innovation and the establishment of more progressive standards. AWE further stated that some manufacturers have already demonstrated that efficiency levels can be obtained without sacrificing performance. According to AWE, DOE should move to performance-based standards and to eliminate technology-based standards unless it can be demonstrated that the full life-cycle consumer economic impacts would favor continuation of product classes. (AWE, No. 12 at p. 2) Pursuant to 42 U.S.C. 6295(q), DOE must set different energy conservation standards for groups of covered products if such products consume a different kind of energy than other products within the same type or class, or if such products have a capacity or other performance-related feature that justifies a different standard. In determining whether a different standard is justified, EPCA requires DOE to consider utility to the consumer and any other appropriate factors. DOE is required to establish standards that achieve the maximum improvement in energy and water efficiency that is both technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) As explained below, DOE has adhered to these statutory requirements in establishing the product classes in today's rulemaking.
1. Elimination of Existing Product Classes
DOE sought comment in the framework document as to whether it should retain the top-loading semi-automatic and suds-saving product classes because it is unaware of any such residential clothes washers on the market. DOE also noted that its test procedures at appendices J1 and J2 do not measure the possible energy savings associated with suds-saving because DOE is not aware of methodology to measure such savings over sequential operating cycles as necessary to capture the benefit of suds-saving. AHAM, ALS, GE, Samsung, and Whirlpool supported the elimination of top-loading semi-automatic and suds-saving product classes. (AHAM, Public Meeting Transcript, No. 7 at pp. 42, 72;
9
ALS, Public Meeting Transcript, No. 7 at p. 39; GE, Public Meeting Transcript, No. 7 at p. 41; GE, No. 20 at p. 1;
10
Samsung, No. 25 at p. 3; Whirlpool, Public Meeting Transcript, No. 7 at p. 41) AHAM, ALS, GE, and Whirlpool stated that these products are no longer available on the market. (AHAM, No. 16 at p. 3; ALS, No. 13 at p. 2; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 3) AWE stated that suds-saving is not a new or proprietary technology, but that it is starting to make a comeback. AWE further stated DOE should consider suds saving in its analysis. (AWE, No. 12 at p. 3) In its research, DOE did not identify any suds-saving residential clothes washers on the market in the United States. For this reason, and in accordance with general support among interested parties, DOE is eliminating the top-loading semi-automatic and suds-saving product classes in this final rule.
9
A notation in the form “AHAM, Public Meeting Transcript, No. 7 at pp. 42, 72” identifies an oral comment that DOE received during the September 21, 2009, framework public meeting and which was recorded in the public meeting transcript in the docket for the standards rulemaking for residential clothes washers (Docket No. EERE-2008-BT-STD-0019), maintained in the Resource Room of the Building Technologies Program. This particular notation refers to a comment (1) made by the Association of Home Appliance Manufacturers (AHAM) during the public meeting, (2) recorded in document number 7, which is the public meeting transcript that is filed in the docket of this rulemaking, and (3) which appears on pages 42 and 72 of document number 7.
10
In its written comment, document number 19 in the docket of this rulemaking, GE states that it adopts by reference the comments submitted to DOE by AHAM. Thus, GE is cited alongside AHAM when discussing AHAM's written comments.
2. Product Class Differentiation by Method of Access
In the framework document, DOE also sought comment as to whether the method of loading clothes washers, or any other characteristic commonly associated with traditional top-loading or front-loading clothes washers are “features” within the meaning of 42 U.S.C. 6295(o)(4) in EPCA and whether the availability of such feature(s) would likely be affected by eliminating the separate classes for these product types previously established by DOE. More specifically, DOE invited comments on whether one or more of the characteristics commonly associated with different types of clothes washers, such as method of loading, presence or absence of agitators, ability to interrupt cycles and possibly others, provide consumer utility that should, under existing law, be recognized and protected by DOE in separate product classes.
a. Single Product Class
ACEEE, ASAP, Electrolux Home Products (EHP), NEEP, Pacific Gas and Electric Company (PG&E), and Samsung, along with PG&E, Southern California Gas Company (SCG), and Southern California Edison (SCE), jointly (hereafter “California Utilities”) and ASAP, NRDC, and NCLC, jointly (hereafter, “Joint Comment”
11
), supported a single product class for all standard-size clothes washers, eliminating the differentiation based on method of loading. According to BSH, the California Utilities, Earthjustice, the Joint Comment, and NEEP, a single product class would not lessen utility or performance under EPCA. ASAP and the California Utilities commented that a single product class would not eliminate top-loaders from the market, and AWE noted that there are high efficiency top-loading clothes washers available. ASAP and the Joint Comment stated that there are at least 35 clothes washer models from four manufacturers on the current ENERGY STAR list. BSH commented that with the current differentiation between top-loading and front-loading clothes washers, consumers may assume that a high efficiency top-loader is more efficient than a “worst-in-class” front-loader if they are both ENERGY STAR rated, even though the reverse may be true. The California Utilities noted that there are currently 10-15 top-loading residential clothes washers in the California Energy Commission (CEC) database that are Consortium for Energy Efficiency (CEE) Tier 2 or better, and top-loading horizontal-axis clothes washers with efficiencies comparable to front-loading clothes washers are prevalent in some European markets. Samsung noted that utility rebates and certain energy labeling programs do not differentiate by clothes washer axis. (ACEEE, Public Meeting Transcript, No. 7 at p. 46; ASAP, Public Meeting Transcript, No. 7 at pp. 34-35, p. 45; AWE, No. 12 at p. 2; BSH, No. 11 at p. 2; California Utilities, No. 19 at pp. 1, 3; EHP, No. 18 at p. 2; Earthjustice, Public Meeting Transcript, No. 7 at p. 42; Earthjustice, No. 17 at p. 1; Joint Comment, No. 15 at p. 4; NEEP, No. 21 at pp. 1-2; PG&E, Public Meeting Transcript, No. 7 at p. 43; Samsung, No. 25 at p. 3)
11
The Alliance to Save Energy submitted a written comment, designated as document number 23 in the docket of this rulemaking, stating that it endorses the joint comments submitted by ASAP, NRDC, and NCLC, and requested that it be listed as a co-endorser in citation of these joint comments.
According to EHP, NEEP, and Samsung, the method of access for loading clothing is not a feature that provides utility to the consumer. EHP stated that manner of access was merely a convenience. BSH commented that the vast majority of clothes washers are sold with dryers, and clothes dryers are front-loading. (BSH, No. 11 at p. 2; EHP, No. 18 at p. 2; NEEP, No. 21 at p. 1; Samsung, No. 25 at p. 3)
b. Multiple Product Classes
AHAM, ALS, and GE stated that they support the proposed product classes, which maintain the distinction between top-loading and front-loading residential clothes washers. (AHAM, No. 24 at p. 2; ALS, Public Meeting Transcript, No. 7 at p. 39; GE, No. 20 at p. 1) ALS and GE commented that “top-loading” is a feature within the meaning of EPCA, although ALS believes that “vertical-axis” and “horizontal-axis” are better terms because a horizontal-axis clothes washer can be configured to be top-loading. (ALS, No. 13 at p. 3; GE, No. 20 at p. 1)
AHAM and Whirlpool stated that multiple product classes for residential clothes washers would be consistent with classes that DOE has defined for other products. AHAM stated that multiple product classes were defined for refrigerator-freezers primarily on the basis of door placement. Whirlpool commented that multiple refrigerator-freezer classes reflect consumer choice and utility, while room air conditioner product classes also reflect consumer choice and utility as well as home configuration. (AHAM, No. 24 at p. 2; Whirlpool, No. 22 at p. 3)
GE commented that, in contrast to front-loading residential clothes washers, the vast majority of top-loading products are manufactured in the United States and provide an important source of U.S. jobs in these manufacturing locations. According to
GE, the U.S. manufacturers with significant investment in these top-loading products produced domestically could be significantly disadvantaged should standards eliminate top-loaders. (GE, No. 20 at p. 3)
AHAM commented that DOE already addressed the product class issue for residential clothes washers in its denial of California's Petition for Waiver.
12
(AHAM, Public Meeting Transcript, No. 7 at p. 43)
12
This comment refers to DOE's denial of the California Energy Commission's petition for waiver from Federal preemption of its residential clothes washer water conservation standards. 71 FR 78157 (Dec. 28, 2006). On October 28, 2009, for reasons unrelated to product class issues, the Ninth Circuit U.S. Court of Appeals reversed DOE's ruling and remanded CEC's petition for further review.
California Energy Comm'n
v.
DOE,
585 F.3d 1143 (9th Cir. 2009)
Finally, the Joint Petition proposes energy conservations standard levels for both the top-loading and front-loading standard and compact product classes. (Joint Petition, No. 32 at 8)
c. Consumer Utility
DOE received additional comments regarding specific issues that interested parties suggested are related to consumer utility in the context of residential clothes washer product classes.
Cycle Time
AHAM, ALS, and GE stated that the longer cycle times of front-loading clothes washers support differentiation of product classes by method of access. According to ALS, cycle times longer than 85 minutes are necessary for front-loaders to achieve good wash performance, which can be achieved in a 55-minute wash cycle by a top-loader. (AHAM, No. 24 at p. 2; ALS, No. 13 at p. 4; GE, No. 20 at p. 2)
The California Utilities stated that it had conducted a preliminary survey indicating that there may not be significant differences in cycle times between top-loading and front-loading clothes washers. The Joint Comment noted that cycle times for front-loading clothes washers are becoming shorter. The California Utilities and the Joint Comment also suggested that the lower remaining moisture content (RMC) typical of front-loaders could lead to shorter clothes dryer cycle times, reducing the combined time of washing and drying a laundry load. (California Utilities, No. 19 at p. 3; Joint Comment, No. 15 at p. 4)
Mid-Cycle Access
ALS stated that garments can be added during a wash cycle in a top-loading clothes washer, but that the loading door on a front-loading clothes washer must be locked. According to ALS, the door can be unlocked mid-cycle, but it requires time and may require draining the wash water. (ALS, No. 13 at p. 4)
The California Utilities stated that many front-loading clothes washers are now equipped with a feature to unlock the door in the middle of a wash cycle. According to the Joint Comment, such a feature has been available on front-loaders for over a decade. (California Utilities, No. 19 at p. 3; Joint Comment No. 14 at p. 4)
Cost
ALS, GE, and Whirlpool stated that multiple product classes allow consumers a low-cost clothes washer option. ALS stated that purchase cost was the primary reason that top-loading residential clothes washers have maintained a majority of the market share, and that inherent differences between top-loading and front-loading designs will preclude comparable consumer cost for equivalent top-loaders and front-loaders. ALS commented that key components contributing to the added cost of front-loading clothes washers are motors, electronic controls, heavy mass weights, and door assembly costs. ALS estimated that the front-loading door feature results in a manufacturing cost differential of $250 and a consumer price differential of at least $500 when compared to a top-loading door. Also, according to ALS, consumer objections to stooping have required manufacturers to introduce pedestals for front-loading clothes washers, adding $250 to the retail price. (ALS, No. 13 at p. 3; GE, Public Meeting Transcript, No. 7 at p. 41; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 2) GE stated that a single product class would force extremely expensive technological changes on the industry. GE also commented that increased prices would have a disproportionate impact on low-income consumers who are especially sensitive to price. According to GE, these consumers may be unable to make high initial payments or obtain credit, and may choose to defer replacing older, less efficient clothes washers or to leave the home laundry market altogether. (GE, No. 20 at pp. 1, 3)
EHP commented that, in the past, manufacturers have been able to innovate to meet improved performance while maintaining cost. EHP also stated that payback in the form of lower energy and water costs would offset a higher initial cost of high efficiency top-loading clothes washers. (EHP, No. 18 at p. 2) The Joint Comment stated that high efficiency top-loading clothes washers are available on the market priced near or below $500. (Joint Comment, No. 15 at p. 4)
Consumer Preference and Market Share
According to AHAM, ALS, GE, and Whirlpool, consumer preference supports maintaining clothes washer product class distinction by method of access. ALS commented that most consumers prefer not to stoop or bend while loading clothes, which is not required for a top-loading clothes washer. GE estimated that top-loading residential clothes washers account for about 65 percent of the U.S. market. Whirlpool commented that one-third of consumers who purchased front-loaders have switched back to high-efficiency top-loaders. Whirlpool listed as contributing factors the existence of high efficiency top-loading clothes washers with better utility than front-loaders in terms of ergonomics, vibration, noise, cycle times, value proposition, sour smell, ease of use, and familiarity. Whirlpool further noted that front-loader sales have slowed even though 84 percent of consumers say energy conservation is very important to them when buying an appliance. ALS stated that it had recently received a letter from a consumer supporting Whirlpool's statement that many consumers who purchased front loaders subsequently switched back to top loaders. (AHAM, No. 24 at p. 2; ALS, Public Meeting Transcript, No. 7 at p. 45; ALS, No. 13 at pp. 2, 4; GE, No. 20 at pp. 1-2; Whirlpool, Public Meeting Transcript, No. 7 at p. 44; Whirlpool, No. 22 at pp. 2-3)
EHP stated that the means of loading is merely a convenience factor for consumers. (EHP, No. 18 at p. 2) ASAP, the California Utilities, NEEP, and PG&E commented that the growth in front-loader market share from 15 percent 5 years ago to approximately 35 percent now indicates that consumer preference for front-loading clothes washers has shifted dramatically recently. The California Utilities also stated that consumer preference research that DOE commissioned for the last residential clothes washer energy conservation rulemaking indicated that concern for axis of rotation and door placement was scored low by consumers.
13
PG&E and
the California Utilities suggested that DOE conduct an analysis of consumer preferences to assess current market conditions and trends. (ASAP, Public Meeting Transcript, No. 7 at p. 45; California Utilities, No. 19 at p. 3; NEEP, No. 21 at pp. 1-2; PG&E, Public Meeting Transcript, No. 7 at pp. 31, 43)
13
The CA Utilities cited the 2001 Residential Clothes Washer Final Rule TSD, Appendices I and J. Appendix J details results of consumer analysis performed to determine what clothes washer attributes consumers value most and how changes in those attributes as a result of standards would affect consumer utility and clothes washer prices. Focus group results placed axis of rotation 12th and door placement as 7th out of a list of 65 possible
features. The TSD is available at
www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_washers.html
.
Other Features
GE listed larger capacity, reduced vibration, and better cleaning performance as additional utilities of top-loading residential clothes washers. (GE, No. 20 at pp. 2-3)
d. DOE Response
EPCA provides the criteria under which DOE may define classes for covered equipment:
A rule prescribing an energy conservation standard for a type (or class) of covered products shall specify a level of energy use or efficiency higher or lower than that which applies (or would apply) for such type (or class) for any group of covered products which have the same function or intended use, if the Secretary determines that covered products within such group—
(A) consume a different kind of energy from that consumed by other covered products within such type (or class); or
(B) have a capacity or other performance-related feature which other products within such type (or class) do not have and such feature justifies a higher or lower standard from that which applies (or will apply) to other products within such type (or class).
In making a determination under this paragraph concerning whether a performance-related feature justifies the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consumer of such a feature, and such other factors as the Secretary deems appropriate. 42 U.S.C. 6295(q)
In previous rulemakings, DOE has concluded that the method of loading clothes in washers (axis of access) is a “feature” within the meaning of 42 U.S.C. 6295(o)(4) and, consequently, established separate product classes for top-loading and front-loading residential clothes washers. 56 FR 22263 (May 14, 1991).
In reviewing comments submitted by interested parties in response to the framework document for the current rulemaking, DOE identified at least one consumer utility related to the method of loading clothes for residential clothes washers which represents a “feature” for purposes of 42 U.S.C. 6295(o)(4). Specifically, DOE believes that the longer cycle times of front-loading residential clothes washers versus cycle times for top-loaders are likely to impact consumer utility. (See chapter 5 of the direct final rule TSD.) Because the longer wash cycle times for front-loaders arise from the reduced mechanical action of agitation as compared to top-loaders, DOE believes such longer cycles may be required to achieve the necessary cleaning, and thereby constitute a performance-related utility of front-loading versus top-loading residential clothes washers pursuant to the meaning of 42 U.S.C. 6295(q).
Based on a review of residential clothes washer models currently listed in the CEC product database, DOE concludes that capacity is not a meaningful differentiator between top-loaders and front-loaders. DOE acknowledges that top-loading models from a single manufacturer achieve the highest capacity—4.3 cubic feet—but multiple front-loading models from two other manufacturers are rated at 4.1-4.2 cubic feet.
Interested parties did not submit sufficient information for DOE to evaluate the relative wash performance, vibration, noise, or odor of top-loading versus front-loading clothes washers.
DOE does not consider first cost a “feature” that provides consumer utility for purposes of EPCA analysis. DOE acknowledges that price is an important consideration to consumers, especially low-income purchasers, but DOE accounts for such consumer impacts in the LCC and PBP analyses conducted in support of this rulemaking.
Given the above discussion, DOE concludes that top-loading washers provide consumer utilities that, in the context of residential clothes washers, are a feature for purposes of 42 U.S.C. 6295(o)(4). Therefore, DOE retains the product class distinction between top-loading and front-loading clothes washers in this final rule.
In response to the comments related to impacts on the relative market share of top-loading versus front-loading residential clothes washers, DOE considered the cross-price elasticity of demand for top-loading and front-loading residential clothes washers in its shipments analysis. The results of this analysis are presented in chapter 9 of the direct final rule TSD.
Finally, DOE considered the impacts on manufacturers in its manufacturer impacts analysis (see chapter 12 of the direct final rule TSD).
3. Compact Product Class
ASAP, BSH, and EHP stated that DOE should consider defining a single compact product class encompassing both top-loading and front-loading clothes washers. Such a product class definition would shift front-loading compact-size clothes washers from the current front-loading product class to the existing top-loading compact product class, which would be redesignated simply as “compact” to eliminate the top-loading distinction. Alternatively, BSH proposed that a compact front-loading product class be defined with a capacity equal to or less than two cubic feet. BSH commented that compact-size front-loaders would have difficulty achieving the same efficiency as standard-size front-loaders, yet they provide specific utility due to their ability to fit in small living spaces in areas of high population density. AHAM and BSH noted that capacity is one of the general criteria for defining separate product classes. (ASAP, Public Meeting Transcript, No. 7 at p. 47; BSH, Public Meeting Transcript, No. 7 at p. 40; BSH, No. 11 at pp. 2, 3, 5; EHP, No. 18 at p. 2)
The Joint Petition proposes a new front-loading, compact product class and proposes energy conservations standard levels for both the top-loading and front-loading compact product classes. (Joint Petition, No. 32 at p. 8)
Based on these comments, DOE is retaining the top-loading compact product class and adding a front-loading compact product class, as proposed in the Joint Petition.
4. Product Class Summary
Table III-1 presents the product classes set forth in DOE's regulations at 10 CFR 430.32(g) and the product classes established in this rulemaking.
Table III-1—Clothes Washer Product Classes
Product classes in 430.32(g)
Product classes
established in this rulemaking
i. Top-loading, compact (less than 1.6 cubic feet capacity
i. Top-loading, compact (less than 1.6 cubic feet capacity).
ii. Top-loading, standard (1.6 cubic feet or greater capacity)
ii. Top-loading, standard (1.6 cubic feet or greater capacity).
iii. Top-loading, semiautomatic
iii. Front-loading, compact (less than 1.6 cubic feet capacity).
iv. Front-loading
iv. Front-loading, standard (1.6 cubic feet or greater capacity).
v. Suds-saving
B. Test Procedure
As noted previously, the DOE test procedures for residential clothes washers appear at 10 CFR part 430, subpart B, appendices J1 and J2. Until the compliance date of the amended energy and water conservation standards established in today's direct final rule, absent withdrawal of the rule by DOE pursuant to 42 U.S.C. 6295(p)(4), manufacturers must use the test procedures at appendix J1 to certify compliance. Subsequently, manufacturers must use the test procedures at appendix J2.
DOE established the test procedure at appendix J2 on March 7, 2012 (77 FR 13888) to incorporate standby mode energy consumption as well as to update various active mode testing provisions. EISA 2007 amended EPCA to require DOE to amend its test procedures to integrate measures of standby mode and off mode energy consumption into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product unless the current test procedure already fully accounts for and incorporates standby and off mode energy consumption or such integration is technically infeasible. (42 U.S.C. 6295(gg)(2)) In addition to incorporating standby power provisions, DOE received comments in response to the August 2009 framework document stating that it should also consider changes to the active mode provisions in the test procedure.
DOE published a notice of proposed rulemaking issued on September 21, 2010 (75 FR 57556) (hereinafter referred to as the September 2010 TP NOPR) to propose amendments regarding both standby mode and active mode provisions of the test procedure, including the following: (1) Incorporating standby and off mode power consumption into a combined energy metric; (2) addressing technologies not covered by the appendix J1 test procedure, such as steam wash cycles and self-clean cycles; (3) revising the number of annual wash cycles; (4) updating use factors; (5) revising the procedures and specifications for test cloth; (6) redefining the appropriate water fill level for the capacity measurement method; (7) establishing a new measure of water consumption; and (8) revising the definition of the energy test cycle.
The International Electrotechnical Commission (IEC) published IEC Standard 62301, “Household electrical appliances—Measurement of standby power,” Edition 2.0 2011-01 (IEC Standard 62301 (Second Edition)) on January 27, 2011. DOE reviewed this updated test procedure and determined that it improves the measurement of standby mode and off mode energy use compared to the previous version of the standard. Therefore, DOE published a supplemental notice of proposed rulemaking on August 9, 2011 (76 FR 49238) (hereinafter referred to as the August 2011 TP SNOPR) to integrate new measures of standby power consumption according to IEC Standard 62301 (Second Edition) and to incorporate additional amendments to the active mode provisions, including the following: (1) Revising the calculations for per-cycle energy use and annual energy cost; (2) updating the load adjustment factor; (3) clarifying the method for determining the energy test cycle; (4) clarifying the method for setting the wash time for certain clothes washers; (5) allowing the use of the most current AHAM Standard detergent; (6) clarifying the definition of “cold wash” for clothes washers that offer both “cold wash” and “tap cold wash” settings; and (7) performing various minor technical corrections. DOE published a second supplemental notice of proposed rulemaking on November 9, 2011 (76 FR 69870) to propose a revised definition of the energy test cycle. DOE published the final rule on March 7, 2012 (77 FR 13888), establishing the test procedure at appendix J2.
When conducting the test procedure rulemaking, DOE considered comments received on the clothes washer test procedure submitted as part of this rulemaking for energy conservation standards. In the framework document, DOE requested input on its test procedures for residential clothes washers and sought input, including supporting data, regarding how these procedures can be improved. In response to the framework document, DOE received several comments from interested parties regarding potential amendments to the DOE clothes washer test procedure to address the following issues: (1) The capacity measurement; (2) the test load size specification; (3) the energy and water use of self-clean cycles; (4) the energy and water use of steam cycles; (5) parameters representing consumer usage patterns; (6) the addition of a cleaning performance metric; (7) the remaining moisture content (RMC) measurement; (8) the measurement of standby and off mode energy use; (9) test cloth issues; (10) technical edits; and (11) anti-circumvention.
1. Capacity Measurement
DOE's clothes washer test procedure at appendix J1 states that, for measuring the capacity of the clothes washer, the clothes container shall be manually filled with water to “its uppermost edge.” This requirement can be interpreted in multiple ways, resulting in different capacity measurements that would each be allowable under the test procedure.
The Joint Comment stated that DOE should ensure that all data collected for this rulemaking be based on a consistent measurement of capacity, particularly because advertised capacity may be expressed using a conversion factor of 15/13 applied to the capacity measured under the DOE test procedure to approximate the capacity that would be measured using the international test standard promulgated by the IEC. The Joint Comment and Samsung stated that the measured clothes container volume can exceed the wetted space occupied by laundry by 15-20 percent or more. This could result in similar variation in MEF. The Joint Comment suggested that DOE determine whether such measurement uncertainty still exists for current vertical-axis clothes washers, and whether the capacity measurement in the test procedure should be modified for both vertical-axis and horizontal-axis clothes washers. (Joint Comment, No. 15, p. 2; Samsung, No. 25 at p. 1) ASAP commented that DOE should understand the difference between advertised capacity and the capacity that is reported to ENERGY STAR, the CEC, and other public databases, because the advertised capacity is typically larger than the reported values. (ASAP, Public Meeting Transcript, No. 7 at p. 20)
ALS commented that the test procedure should be revised to clarify that, for vertical-axis clothes washers, the “uppermost edge” would refer to the “top of the tub cover.” (ALS, Public Meeting Transcript, No. 7 at p. 22; ALS, No. 13 at p. 1) Samsung commented that there are various interpretations of what constitutes the usable volume and how the capacity is measured on vertical-axis clothes washers. According to Samsung, one such interpretation is to measure the volume to the top of the tub cover, even though the user is instructed to load to below the tub cover in a typical
use and care guide. Samsung estimates that loading to the top of the tub cover could result in a 15-20 percent increase in the capacity measurement of vertical-axis clothes washers (compared to loading to the level recommended in the use and care guide), which would also overstate the MEF and WF of the unit by 15-20 percent. Therefore, Samsung proposed possible language to clarify the capacity measurement in DOE's clothes washer test procedure based on wording from IEC Standard 60456, “Clothes washing machines for household use—Methods for measuring the performance,” (IEC Standard 60456) Edition 5, Committee Draft for Vote (FDIS). The fill level in the DOE test procedure would thus be defined as the “uppermost edge which may be used to fill in clothes, respecting manufacturer instructions.” (Samsung, No. 25 at p. 1)
BSH commented that a volumetric capacity metric is misleading when comparing conventional vertical-axis, high efficiency vertical-axis, and horizontal-axis clothes washers because more volume does not necessarily correspond with more load capacity. Performance should be related to load size rather than drum volume for consumer comparisons. (BSH, No. 11 at p. 2)
DOE recognizes that the clothes container capacity measurement in appendix J1 could be interpreted in multiple ways. To provide manufacturers with additional guidance prior to issuance of the March 2012 TP final rule, DOE issued an interpretive rule on July 26, 2010. In the interpretive rule, DOE provided clarifications to the methods for measuring clothes container capacity for both top-loading and front-loading clothes washers using the appendix J1 test procedure. This interpretive rule can be found on DOE's Web site at:
www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/cw_guidance_faq.pdf
.
In the March 2012 TP final rule, DOE established a different capacity measurement procedure at appendix J2 to provide for a clearer, more consistent and more easily repeatable measurement. Under appendix J1, DOE's guidance document instructs manufacturers to measure the fill level for top-loading clothes washers at the innermost diameter of the tub cover (defined as “Fill Level 3” in the guidance). For the reasons discussed in the March 2012 TP final rule, the revision to the capacity measurement in appendix J2 requires manufacturers to measure the fill level for top-loading clothes washers to the uppermost edge of the rotating portion of the basket, including the balance ring (defined as “Fill Level 2” in DOE's interpretive guidance).
For front-loaders, under both appendix J1 and appendix J2, the fill level must not exceed the highest point of contact between the door and the door seal, excluding any portion of the door or door seal that would occupy the measured volume space when the door is closed. This is consistent with the instructions provided for front-loaders in DOE's guidance document.
DOE used the revised capacity measurement for top-loaders in determining the conversion formulas from MEF to IMEF and WF to IWF in today's final rule. For more details of the testing and analysis, see chapter 5 of the direct final rule TSD.
DOE notes that the FTC promulgates labeling requirements for residential clothes washers, which would govern marketing claims made by the manufacturer regarding capacity.
2. Test Load Size
Table 5.1 of the DOE clothes washer test procedure specifies test cloth load sizes necessary to conduct the energy cycles. Minimum, maximum, and average load sizes are defined as a function of clothes washer capacity. Currently, the maximum load size provided in the table is 3.80 cubic feet (ft
3
). No provision exists for determining load size if capacity exceeds that limit. 10 CFR 430 subpart B appendix J1.
AHAM, ALS, GE and Whirlpool support a linear extension of the load size table to larger capacities. AHAM, GE, and Whirlpool recommend extending the table for capacities up to 6.0 ft
3
. Whirlpool noted that DOE granted a waiver which extended the table to a capacity of 4.1 ft
3
, and ALS stated it agreed with this waiver. (AHAM, Public Meeting Transcript, No. 7 at p. 21; AHAM, No. 16 at p. 2; ALS, No. 13 at p. 1; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 1) The Joint Comment objected to the extension of Table 5.1 to a capacity of 6 ft
3
without verifying the validity of the resulting load sizes with current consumer data. (Joint Comment, No. 15 at pp. 1-2)
DOE reviewed current residential clothes washer product databases from sources such as CEC and ENERGY STAR, and observed reported capacities as large as 4.7 ft
3
. In response to comments received in response to the September 2010 TP NOPR, DOE extended Table 5.1 in the amended test procedure to include capacities up to 6.0 ft
3
to accommodate additional increases in capacity expected in the future. As described fully in the September 2010 TP NOPR and March 2012 TP final rule, DOE determined that the linear relationship between test load size and container capacity in appendix J1 is valid, and therefore used the same linear relationship to extend Table 5.1 to 6.0 ft
3
. (17 FR 13888)
3. Self Clean Cycles
DOE's clothes washer test procedure specifies energy test cycles, the energy and water use of which are averaged to calculate the MEF and WF of the unit under consideration. These energy test cycles are selected from among various cycle settings provided by the manufacturer for laundering clothing. They do not include any cycles or pre-set settings provided for the purpose of cleaning, sanitizing, or deodorizing any of the clothes washer components. DOE observed in its test sample of units for the preliminary analysis that a dedicated self-clean function is a prevalent feature, found in virtually all front-loading clothes washers and in certain top-loading models as well.
ASAP and the Joint Comment stated that the measurement of MEF and WF should account for the energy and water use of self-clean cycles. The Joint Comment further stated that such a measurement would provide not only a more accurate assessment of machine efficiency, but also a benefit to those clothes washer designs that address mold and odor issues without requiring periodic sanitizing cycles. (ASAP, Public Meeting Transcript, No. 7 at p. 19; Joint Comment, No. 15 at p. 3)
In the September 2010 TP NOPR, DOE proposed a usage factor of 12 annual self-clean cycles for incorporating the energy used in self-clean cycles. DOE based its usage factor on typical manufacturer instructions that recommend using this feature once each month. DOE received comments stating that consumer usage data on self-clean cycles was insufficient to validate the usage factors it proposed in the test procedure NOPR. In addition, there is uncertainty as to whether a self-clean cycle should be tested only if it is a specific feature provided by the manufacturer, or if a conventional cycle that the manufacturer recommends the consumer to run periodically for the purpose of cleaning or sanitizing the clothes washer should also be tested as a self-clean cycle. Finally, DOE is concerned about the increased test burden required for testing self-clean cycles given the relatively small amount of annual energy used in these periodic cycles. For these reasons, DOE did not include the energy and water use of self-clean cycles in the modified test procedure.
4. Steam Cycles
The energy test cycles specified in the DOE clothes washer test procedure do not include provisions for testing any cycles incorporating steam injection. DOE is aware of a number of clothes washers available on the market that offer a steam feature as either a stand-alone cycle or as an add-on to a traditional wash cycle. DOE notes that steam features are available on primarily some higher-end front-loading clothes washers.
ASAP and the Joint Comment stated that DOE should amend the test procedure to account for the impact of steam cycle use. (ASAP, Public Meeting Transcript, No. 7 at p. 19; Joint Comment, No. 15 at p. 3)
In the September 2010 TP NOPR, DOE proposed a temperature usage factor of 0.02 to incorporate the energy used in steam cycles. DOE believed that extra hot and steam cycles would be reserved for the most heavily soiled loads, and would have similar use factors. DOE assumed that the steam wash cycles would be selected somewhat fewer times than the extra hot cycle because on some models steam is available only as an option on certain settings. DOE received comments stating that consumer usage data on steam cycles is insufficient to validate the temperature usage factors it proposed in the September 2010 TP NOPR. Furthermore, DOE notes that because there is significant variation in how individual manufacturers implement steam features, creating a universal definition of a steam cycle for the energy test cycle would be difficult. Finally, DOE is concerned about the increased test burden required for testing steam cycles given the relatively small amount of annual energy used in these cycles. For these reasons, DOE did not include the energy and water use of steam cycles in the modified test procedure.
5. Consumer Usage Patterns
Various factors are provided in the DOE clothes washer test procedure to properly account for consumer usage patterns, including the number of use cycles per year, selection of load sizes, selection of temperature settings, and the percentage of washed clothes loads that are dried in a clothes dryer.
ALS supported reducing annual usage to 300 cycles, based on Procter & Gamble consumer studies. The Joint Comment stated DOE should collect data on current consumer laundry usage to validate or update the cycles per year, estimates of “average” load size among clothes washers of varying capacities, annual load size usage factors, temperature use factors, and dryer use factor. The Joint Comment stated that DOE should ensure that there is no systematic bias in these factors favoring larger capacities. The Joint Comment also requested that DOE reassess the load adjustment factor, which was established in the 1990s. (ALS, No. 13 at p. 1; Joint Comment, No. 15 at pp. 1-3)
In the March 2012 TP final rule, DOE reduced the number of annual cycles to 295 based on a survey of available consumer usage data and comments received from interested parties. DOE increased the dryer usage factor to 0.91 based on the most recent consumer survey data available.
DOE is unaware of any updated consumer usage data regarding load sizes among clothes washers of varying capacities and load size usage factors. Therefore, DOE did not amend the load usage factors or the linear relationship used to determine load size based on clothes washer capacity in the modified test procedure. Similarly, DOE did not identify any evidence that suggests any unwarranted bias in favor or larger capacities in the test procedure.
DOE received additional information from commenters regarding temperature use factors (TUFs). The information received contained significant disparities, however, and no information supporting particular TUFs was more persuasive or reliable than information supporting other TUFs. Therefore, the information provided no basis upon which to change the TUF values in the appendix J1 test procedure, and DOE retained these TUFs in appendix J2. DOE did, however, establish a new TUF for a full warm wash/warm rinse cycle and eliminated the incremental use factor attributed to warm rinse in appendix J1.
Finally, DOE determined that the load adjustment factor (LAF) is duplicative of, yet inconsistent with, the load usage factors. Therefore, for consistency with the rest of the test procedure, DOE amended the representative load size calculation in the equation for drying energy to incorporate the load usage factors rather than a separate LAF. DOE replaced the LAF with a weighted-average load size, calculated by multiplying the minimum, average, and maximum load usage factors by the minimum, average, and maximum load sizes, respectively, and summing the products.
6. Standard Extractor RMC Test Procedure
The DOE test procedure contains provisions for evaluating the moisture absorption and retention characteristics of a lot of test cloth by measuring the RMC in a standard extractor at a specified set of conditions.
AHAM submitted detailed recommendations of changes to the methodology used for the Standard Extractor RMC Test Procedure included in the overall clothes washer test procedure. Whirlpool and GE stated that they support AHAM's recommendations. (AHAM, Public Meeting Transcript, No. 7 at p. 21; AHAM, No. 16 at p. 2; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 1) DOE largely agrees with AHAM's recommendations and implemented many of them in the revised test procedure.
7. Performance Metric
DOE's clothes washer test procedure provides a measure of representative energy and water use. It does not evaluate cleaning or rinsing performance or fabric care. AHAM, BSH, GE, and Whirlpool commented that DOE should add a performance measure, particularly because at the higher efficiency levels, clothes washers are reaching the limit where product performance and consumer satisfaction may not be economically reached. AHAM noted that its clothes washer standard, ANSI/AHAM HLW-1-2007, “Performance Evaluation Procedures for Household Clothes Washers,” addresses performance and is substantially harmonized with IEC Standard 60456. Whirlpool also noted that ANSI/AHAM HLW-1-2007 provides performance measurement. ALS and BSH also recommended review of IEC Standard 60456 for methods of assessing performance, and ALS recommended review of the Australian standard AS/NZS 2040.1. (AHAM, No. 16 at p. 2; ALS, No. 13 at p. 2; BSH, No. 11 at p. 2; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 2) ALS stated it had not yet determined whether it would support a performance metric, or what a measurement method for measuring performance would be, although it added that it is concerned that energy conservation standards have reached the point where higher levels will cause unacceptable performance, especially for vertical-axis top-loaders. (ALS, No. 13 at p. 1)
DOE test procedures must be reasonably designed to produce test results that measure energy efficiency, energy use, water use in specified instances, or estimated annual operating cost of a covered product during a representative use cycle or period of use. 42 U.S.C. 6293(b)(3). DOE notes that the measurement of energy efficiency or energy or water use presumes the proper functioning of a
product. DOE considers utility in setting energy conservation standards, and DOE may not prescribe a standard that is likely to result in the unavailability in the United States of performance characteristics, including reliability. 42 U.S.C. 6295(o)(2)(B)(i)(IV), (o)(4) DOE has considered performance generally in the development of these standards and does not believe that the standards established in today's final rule would adversely impact the utility of residential clothes washers.
8. Standby Power
In the framework document, DOE noted that it considered incorporating certain provisions of IEC Standard 62301, “Household electrical appliances-Measurement of standby power”, First Edition 2005-06 (IEC Standard 62301 (First Edition)) in accordance with requirements of EISA 2007. DOE further noted that it would consider an updated version of IEC Standard 62301 in its residential clothes washer test procedure rulemaking. In response to the framework document, DOE received comments regarding the inclusion of standby and off mode power consumption in its clothes washer test procedure and its consideration of the updated version of IEC Standard 62301.
ALS commented that it supports revising the test procedure to add provisions for measuring standby power. (ALS, No. 13, No. 1) The California Utilities stated that DOE should make a determination of the metrics that it will use for clothes washer energy conservation standards, because if standby and off mode power is incorporated, MEF might not be used to regulate clothes washers in this rulemaking. According to the California Utilities, it would be detrimental to proceed with the preliminary analysis without finalizing possible changes to the metric. (California Utilities, No. 19 at p. 1) Whirlpool stated that standby power should be incorporated into MEF, rather than addressed as a separate metric. (Whirlpool, No. 22 at p. 2) ASAP, the California Utilities, the Joint Comment, and NEEP urged DOE to proceed with the clothes washer test procedure rulemaking without waiting further for the release of an updated version of IEC Standard 62301. (ASAP, Public Meeting Transcript, No. 7 at p. 18; California Utilities, No. 19 at p. 1; Joint Comment, No. 15 at p. 1; NEEP, No. 21 at p. 1) ASAP also commented that the mode definitions in IEC Standard 62301 are not necessarily comparable to DOE's statutory mode definitions, and that it may not be advisable to use the IEC definitions. (ASAP, Public Meeting, No. 7 at p. 19)
In the September 2010 TP NOPR, DOE proposed to incorporate by reference into the clothes washer test procedure specific provisions from IEC Standard 62301 (First Edition) regarding test conditions and test procedures for measuring standby mode and off mode power consumption. DOE also proposed to adopt certain provisions from the IEC Standard 62301 Committee Draft for Vote (CDV) version (an earlier draft version of the IEC 62301 revision), as well as the Final Draft International Standard (FDIS) version (the draft version developed just prior to the issuance of the Second Edition). Specifically, DOE proposed to adopt the 30-minute stabilization and 10-minute measurement periods as described in the CDV version and the mode definitions for active, standby and off mode as described in the FDIS version.
In the August 2011 TP SNOPR, DOE evaluated IEC Standard 62301 (Second Edition) and concluded that the application of the provisions of the Second Edition to all power measurements in standby mode and off mode for clothes washers would be an improvement over the First Edition and would not be unduly burdensome to conduct. Therefore, DOE proposed incorporating by reference the relevant paragraphs of section 4 and section 5 of IEC Standard 62301 (Second Edition) in the clothes washer test procedure.
In the March 2012 TP final rule, DOE incorporated by reference the relevant paragraphs of section 4 and section 5 of IEC Standard 62301 (Second Edition) in the clothes washer test procedure. DOE integrated standby and off mode energy use into its revised clothes washer test procedure by establishing an IMEF metric based on measurements made according to certain provisions of this updated IEC standard. 77 FR 13888. Accordingly, DOE based its analysis for clothes washer energy conservation standards in today's direct final rule on this IMEF metric.
DOE notes that AHAM provided a related comment in response to the Request for Information (RFI) issued by DOE to implement Executive Order 13563, “Improving Regulation and Regulatory Review (76 FR 6123, Feb. 3, 2011), opposing any test procedure requirement to measure separately the energy use of delay start and cycle finished modes.
14
AHAM stated that the additional burden that would be required to measure a de minimis amount of energy would not be justified. (AHAM, IRRR, No. 10 at pp. 5-6)
15
14
Definitions of operating modes, including cycle finished, delayed start, active washing, inactive, and off modes, are provided in the March 2012 TP final rule. 77 FR 13888.
15
The notation in the form “AHAM, IRRR, No. 10 at pp. 5-6” identifies a written comment that DOE has received and has included in the docket of the Request for Information (RFI) to implement Executive Order 13563, “Improving Regulation and Regulatory Review (76 FR 6123, Feb. 3, 2011). (Docket No. DOE-HQ-2011-0014). This particular notation refers to a comment (1) submitted by Association of Home Appliance Manufacturers (AHAM), (2) in document number 10 in the docket of that RFI, and (3) appearing on pages 5-6 of document number 10.
Based on the results of the data presented in the August 2011 TP SNOPR, DOE believes that including a specific measurement of energy use of a cycle finished feature that incorporates intermittent tumbling and air circulation would not significantly impact the total annual energy consumption. Furthermore, measuring the energy use over the entire duration of cycle finished mode would increase the test duration by up to 10 hours, depending on the maximum duration of cycle finished mode provided on the clothes washer under test. DOE believes this would represent a significant increase in test burden that would not be warranted by the minimal additional energy use captured by measuring cycle finished mode separately or as part of the active washing mode.
Therefore, in the March 2012 TP final rule, DOE did not adopt provisions to measure cycle finished mode separately or as part of the active washing mode. DOE believes that measuring power consumption of each mode separately would introduce significant test burden without a corresponding improvement in a representative measure of annual energy use. Therefore, DOE provided in the March 2012 TP final rule for measuring total energy consumption, in which all low-power mode hours are allocated to the inactive and off modes, and the low-power mode power consumption is measured only in the inactive and off modes, depending on which of these modes is present.
9. Test Cloth
Different lots of energy test cloth used in the clothes washer test procedure are released to the industry at least once a year, and the properties of the test cloth must be measured and standardized against reference historical lots. AHAM and ALS support revisions to the clothes washer test procedure for improving the process to correlate new test cloth batches to the historical lots. AHAM provided a proposal for an industry-developed auditing program, as well as suggested specifications for test cloth tolerances. GE supports this
proposal. (AHAM, Public Meeting Transcript, No. 7 at pp. 21-22; AHAM, No. 16 at p. 2; ALS, No. 13 at p. 1; GE, No. 20 at p. 1) Whirlpool noted that the test cloth is currently available from one supplier that has limited capability to meet industry's needs. Whirlpool suggested that DOE assume responsibility for test cloth procurement and qualification. (Whirlpool, No. 22 at p. 1) DOE is currently working with industry, suppliers, and test laboratories to develop an auditing program that meets industry's needs. Qualification tests are being conducted at an independent test laboratory as well as at DOE's Appliance Testing and Evaluation Center (ATEC).
10. Technical Edits
AHAM and GE suggested that DOE remove obsolete sections of the clothes washer test procedure in guidelines that AHAM submitted to DOE on September 22, 2008. (AHAM, Public Meeting Transcript, No. 7 at p. 21; AHAM, No. 16 at p. 2; GE, No. 20 at p. 1) DOE agreed with these suggestions and removed the obsolete provisions in the revised test procedure as part of the residential clothes washer test procedure rulemaking.
11. Anti-Circumvention
EPCA requires that test procedures be reasonably designed to produce test results which measure energy efficiency, energy use, water 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. 42 U.S.C. 6293(b)(3). This statutory requirement may be undermined if products are purposefully designed to use controls or features that produce test results that are so unrepresentative of a product's actual energy or water consumption as to provide materially inaccurate comparative data. The Joint Comment stated that DOE should ensure that the test procedure is not vulnerable to circumvention and should prohibit any mode or other operating function that is designed solely or primarily to reduce energy and water consumption during testing. According to the Joint Comment, sophisticated and inexpensive electronic controls may detect the DOE testing conditions and minimize energy and water use under those specific conditions. The Joint Comment described as an illustrative example a clothes washer with adaptive fill control that could be programmed to minimize the fill level when it measured a clothes load size at exactly the weight of the average DOE test load for that capacity machine. (Joint Comment, No. 15 at p. 3) DOE considered issues of circumvention in its clothes washer test procedure rulemaking.
C. Technological Feasibility
1. General
In each standards rulemaking, DOE conducts a screening analysis based on information gathered on all current technology options and prototype designs that could improve the efficiency of the products or equipment that are the subject of the rulemaking. As the first step in such an analysis, DOE develops a list of technology options for consideration in consultation with manufacturers, design engineers, and other interested parties. DOE then determines which of those means for improving efficiency are technologically feasible. DOE considers technologies incorporated in commercially available products or in working prototypes to be technologically feasible. 10 CFR 430, subpart C, appendix A, section 4(a)(4)(i).
After DOE has determined that particular technology options are technologically feasible, it further evaluates each technology option in light of the following additional screening criteria: (1) Practicability to manufacture, install, or service; (2) adverse impacts on product utility or availability; and (3) adverse impacts on health or safety. Section IV.B of this notice discusses the results of the screening analysis for residential clothes washers, particularly the designs DOE considered, those it screened out, and those that are the basis for the efficiency levels considered in this rulemaking. For further details on the screening analysis for this rulemaking, see chapter 4 of the direct final rule TSD.
2. Maximum Technologically Feasible Levels
When DOE proposes to adopt an amended standard for a type or class of covered product, it must determine the maximum improvement in energy efficiency or maximum reduction in energy use that is technologically feasible for such product. (42 U.S.C. 6295(p)(1)) Accordingly, in the engineering analysis DOE determined the maximum technologically feasible (“max-tech”) improvements in energy efficiency for residential clothes washers, using the design parameters that lead to the creation of the most efficient products available on the market or in working prototypes. (See chapter 5 of the direct final rule TSD.) The max-tech levels that DOE determined for this rulemaking are described in section IV.C.4 of this final rule.
D. Energy Savings
1. Determination of Savings
DOE used its national impact analysis (NIA) spreadsheet model to estimate energy savings from amended standards for the products that are the subject of this rulemaking.
16
For each TSL, DOE forecasted energy savings beginning in 2015, the year that manufacturers would be required to comply with amended standards, and ending in 2044. DOE quantified the energy savings attributable to each TSL as the difference in energy consumption between the standards case and the base case. The base case represents the forecast of energy consumption in the absence of amended mandatory efficiency standards, and considers market demand for more efficient products.
16
The NIA spreadsheet model is described in section IV.G of this notice.
The NIA spreadsheet model calculates the electricity savings in site energy expressed in kilowatt-hours (kWh). Site energy is the energy directly consumed by appliances at the locations where they are used. DOE reports national energy savings on an annual basis in terms of the aggregated source (primary) energy savings, which is the savings in the energy that is used to generate and transmit the site energy. (See chapter 10 of the direct final rule TSD). To convert site energy to source energy, DOE derived annual conversion factors from the model used to prepare the Energy Information Administration's (EIA)
Annual Energy Outlook 2010
(
AEO2010
).
2. Significance of Savings
As noted above, 42 U.S.C. 6295(o)(3)(B) prevents DOE from adopting a standard for a covered product unless such standard would result in “significant” energy savings. Although the term “significant” is not defined in the Act, the U.S. Court of Appeals, in
Natural Resources Defense Council
v.
Herrington,
768 F.2d 1355, 1373 (D.C. Cir. 1985), indicated that Congress intended “significant” energy savings in this context to be savings that were not “genuinely trivial.” The energy savings for all of the TSLs considered in this rulemaking are nontrivial, and, therefore, DOE considers them “significant” within the meaning of section 325 of EPCA.
E. Economic Justification
1. Specific Criteria
As noted in section II.A, EPCA provides seven factors to be evaluated in determining whether a potential energy conservation standard is economically justified. (42 U.S.C. 6295(o)(2)(B)(i)) The following sections discuss how DOE has addressed each of those seven factors in this rulemaking.
a. Economic Impact on Manufacturers and Consumers
In determining the impacts of an amended standard on manufacturers, DOE first uses an annual cash-flow approach to determine the quantitative impacts. This step includes both a short-term assessment—based on the cost and capital requirements during the period between when a regulation is issued and when entities must comply with the regulation—and a long-term assessment over a 30-year analysis period. The industry-wide impacts analyzed include industry net present value (INPV), which values the industry on the basis of expected future cash flows, cash flows by year, changes in revenue and income, and other measures of impact, as appropriate. Second, DOE analyzes and reports the impacts on different types of manufacturers, including impacts on small manufacturers. Third, DOE considers the impact of standards on domestic manufacturer employment and manufacturing capacity, as well as the potential for standards to result in plant closures and loss of capital investment. Finally, DOE takes into account cumulative impacts of various DOE regulations and other regulatory requirements on manufacturers.
For individual consumers, measures of economic impact include the changes in life-cycle cost (LCC) and payback period (PBP) associated with new or amended standards. The LCC, which is specified separately in EPCA as one of the seven factors to be considered in determining the economic justification for a new or amended standard, 42 U.S.C. 6295(o)(2)(B)(i)(II), is discussed in the following section. For consumers in the aggregate, DOE also calculates the national net present value of the economic impacts throughout the forecast period applicable to a particular rulemaking.
b. Life-Cycle Costs
The LCC is the sum of the purchase price of a product (including its installation) and the operating expense (including energy, maintenance, and repair expenditures) discounted over the lifetime of the product. The LCC savings for the considered efficiency levels are calculated relative to a base case that reflects likely trends in the absence of amended standards. The LCC analysis requires a variety of inputs, such as product prices, product energy consumption, energy prices, maintenance and repair costs, product lifetime, and consumer discount rates. In its analysis, DOE assumed that consumers will purchase the considered products in 2015.
To account for uncertainty and variability in specific inputs, such as product lifetime and discount rate, DOE uses a distribution of values, with probabilities attached to each value. A distinct advantage of this approach is that DOE can identify the percentage of consumers estimated to receive LCC savings or experience an LCC increase, in addition to the average LCC savings associated with a particular standard level. In addition to identifying ranges of impacts, DOE evaluates the LCC impacts of potential standards on identifiable subgroups of consumers that may be affected disproportionately by a national standard.
c. Energy Savings
Although significant conservation of energy is a separate statutory requirement for imposing an energy conservation standard, EPCA requires DOE, in determining the economic justification of a standard, to consider the total projected energy savings that are expected to result directly from the standard. (42 U.S.C. 6295(o)(2)(B)(i)(III)) DOE uses the NIA spreadsheet results in its consideration of total projected energy savings.
d. Lessening of Utility or Performance of Products
In establishing classes of products, and in evaluating design options and the impact of potential standard levels, DOE sought to develop standards for residential clothes washers that would not lessen the utility or performance of those products. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) DOE believes that the TSLs adopted in today's direct final rule would not reduce the utility or performance of the clothes washers under consideration in this rulemaking.
e. Impact of Any Lessening of Competition
EPCA directs DOE to consider any lessening of competition that is likely to result from standards. 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 direct final 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)) DOE published a NOPR containing energy conservation standards identical to those set forth in today's direct final rule and transmitted a copy of today's direct final rule and the accompanying TSD to the Attorney General, requesting that the Department of Justice (DOJ) provide its determination on this issue. DOE will consider DOJ's comments on the rule in determining whether to proceed with the direct final rule. DOE will also publish and respond to DOJ's comments in the
Federal Register
in a separate notice.
f. Need for National Energy Conservation
The energy savings from new or amended standards are likely to provide improvements to the security and reliability of the nation's energy system. Reductions in the demand for electricity also may result in reduced costs for maintaining the reliability of the nation's electricity system. DOE conducts a utility impact analysis to estimate how standards may affect the nation's needed power generation capacity.
Energy savings from the proposed standards also are likely to result in environmental benefits in the form of reduced emissions of air pollutants and greenhouse gases associated with energy production. DOE reports the environmental effects from today's standards, and from each TSL it considered, in the emissions analysis contained in chapter 15 in the direct final rule TSD and in section V.B.6 of this notice. DOE also reports estimates of the economic value of emissions reductions resulting from the considered TSLs.
g. Other Factors
EPCA allows the Secretary of Energy, in determining whether a standard is economically justified, to consider any other factors that the Secretary deems to be relevant. (42 U.S.C. 6295(o)(2)(B)(i)(VII)) In developing this direct final rule, DOE has also considered the submission of the Joint Petition, which DOE believes sets forth a statement by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates) and contains recommendations with respect to an energy conservation standard that are in accordance with 42 U.S.C. 6295(o). DOE has encouraged the submission of
consensus agreements as a way to bring diverse interested parties together, to develop an independent and probative analysis useful in DOE standard setting, and to expedite the rulemaking process. DOE also believes that standard levels recommended in the consensus agreement may increase the likelihood for regulatory compliance, while decreasing the risk of litigation.
2. Rebuttable Presumption
As set forth in 42 U.S.C. 6295(o)(2)(B)(iii), EPCA creates a rebuttable presumption that an energy conservation standard is economically justified if the additional cost to the consumer of a product that meets the standard is less than three times the value of the first year's energy savings resulting from the standard, as calculated under the applicable DOE test procedure. DOE's LCC and PBP analyses generate values used to calculate the effect potential amended energy conservation standards would have on the payback period for consumers. These analyses include, but are not limited to, the 3-year payback period contemplated under the rebuttable-presumption test. In addition, DOE routinely conducts an economic analysis that considers the full range of impacts to consumers, manufacturers, the nation, and the environment, as required under 42 U.S.C. 6295(o)(2)(B)(i). The results of this analysis serve as the basis for DOE's evaluation of the economic justification for a potential standard level (thereby supporting or rebutting the results of any preliminary determination of economic justification). The rebuttable presumption payback calculation is discussed in section IV.F.11 of this direct final rule and chapter 8 of the direct final rule TSD.
IV. Methodology and Discussion
DOE used two spreadsheet tools to estimate the impact of today's direct final rule. The first spreadsheet calculates LCCs and PBPs of potential new energy conservation standards. The second provides shipments forecasts and then calculates impacts of potential energy conservation standards on national energy savings and net present value. The two spreadsheets are available online at:
http://www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_washers.html.
The Department also assessed manufacturer impacts, largely through use of the Government Regulatory Impact Model (GRIM).
Additionally, DOE estimated the impacts on utilities and the environment of energy conservation standards for residential clothes washers. DOE used a version of EIA's National Energy Modeling System (NEMS) for the utility and environmental analyses. The NEMS model simulates the energy sector of the U.S. economy. EIA uses NEMS to prepare its
Annual Energy Outlook,
a widely known baseline energy forecast for the United States. For more information on NEMS, refer to
The National Energy Modeling System: An Overview,
DOE/EIA-0581 (98) (Feb. 1998), available at:
http://tonto.eia.doe.gov/FTPROOT/forecasting/058198.pdf.
The version of NEMS used for appliance standards analysis, which makes minor modifications to the
AEO
version, is called NEMS-BT.
17
NEMS-BT offers a sophisticated picture of the effect of standards, because it accounts for the interactions among the various energy supply and demand sectors and the economy as a whole.
17
EIA approves the use of the name “NEMS” to describe only an AEO version of the model without any modification to code or data. Because the present analysis entails some minor code modifications and runs the model under various policy scenarios that deviate from AEO assumptions, the name “NEMS-BT” refers to the model as used here. (BT stands for DOE's Building Technologies Program.)
A. Market and Technology Assessment
1. General
When beginning an energy conservation standards rulemaking, DOE develops information that provides an overall picture of the market for the products concerned, including the purpose of the products, the industry structure, and market characteristics. This activity includes both quantitative and qualitative assessments based primarily on publicly available information. The subjects addressed in the market and technology assessment for this rulemaking include products covered by the rulemaking, quantities and types of products sold and offered for sale, retail market trends, product classes and manufacturers, regulatory and non-regulatory programs, and technology options that could improve the energy efficiency of the product(s) under examination. See chapter 3 of the direct final rule TSD for further discussion of the market and technology assessment.
2. Products Included in This Rulemaking
This subsection addresses whether EPCA covers certain products and thereby authorizes DOE to adopt standards for those products, and whether DOE will consider in this rulemaking standards for certain products that DOE determined are covered under EPCA.
ASAP questioned whether combination washer/dryers are covered products in this rulemaking. (ASAP, Public Meeting Transcript, No. 7 at p. 47) “Clothes washer” is defined in 10 CFR 430.2 to mean a consumer product designed to clean clothes using a water solution of soap or detergent and mechanical agitation or other movement. A combination washer/dryer meets this definition and also performs a drying function. As a result, DOE determined that combination washer/dryers are covered products according to the existing regulatory definition of clothes washer. DOE notes that combination washer/dryers are currently being testing by certain manufacturers according to the DOE clothes washer test procedure and that certification data is available for such products in, among others, the CEC and ENERGY STAR product databases. DOE also does not have information that would indicate that, while operating in clothes washer mode, the energy and water use of such a machine is inherently different from the energy and water use of a stand-alone clothes washer.
3. Product Classes
Existing energy conservation standards divide residential clothes washers into five product classes based on location of access, capacity, and features such as suds saving. As mentioned previously in section III.A.1 DOE is not maintaining the top-loading semiautomatic and suds-saving product classes. DOE is also splitting the front-loading product class into two separate product classes based on capacity. Table IV-1 presents the product classes set forth in 10 CFR 430.32(g) and the product classes established in this rulemaking.
Table IV-1—Clothes Washer Product Classes
Product Classes in 430.32(g)
Product classes
established in this
rulemaking
i. Top-loading, compact (less than 1.6 cubic feet capacity)
i. Top-loading, compact (less than 1.6 cubic feet capacity).
ii. Top-loading, standard (1.6 cubic feet or greater capacity)
ii. Top-loading, standard (1.6 cubic feet or greater capacity).
iii. Top-loading, semiautomatic
iii. Front-loading, compact (less than 1.6 cubic feet capacity).
iv. Front-loading
iv. Front-loading, standard (1.6 cubic feet or greater capacity).
v. Suds-saving
4. Non-Regulatory Programs
As part of the market and technology assessment, DOE reviews non-regulatory programs promoting energy efficient residential appliances in the United States. Non-regulatory programs that DOE considers in its market and technology assessment include ENERGY STAR, a voluntary labeling program administered jointly by the U.S. Environmental Protection Agency (EPA) and DOE. ENERGY STAR identifies energy efficient products through a qualification process.
18
To qualify, a product must exceed Federal minimum standards by a specified amount, or if no Federal standard exists, a product must exhibit select energy-saving features. ENERGY STAR specifications currently exist for residential clothes washers.
18
For more information, visit
www.energystar.gov.
5. Technology Options
As part of the market and technology assessment, DOE developed a list of technologies to consider for improving the efficiency of residential clothes washers. Initially, these technologies encompassed all those DOE believes would improve energy efficiency and are technologically feasible. Chapter 3 of the direct final rule TSD includes the detailed list of all technology options identified for residential clothes washers.
19
DOE received multiple comments from interested parties in response to the technologies proposed for analysis.
19
DOE notes that it included two technology options, improved horizontal axis washer drum design and reduced thermal mass, in its initial list of options, but later determined in its engineering analysis that available data did not indicate that these technologies improved energy efficiency of clothes washers. See section IV.C.1,
In response to the framework document, interested parties suggested to DOE various databases from which it could obtain relevant product features and performance data. ALS recommended that DOE examine the CEC, FTC, and DOE certification databases, as well as the Web sites that ALS maintains for its own brands. (ALS, No. 13 at p. 2) The California Utilities and PG&E noted discrepancies among several databases, for instance that not all clothes washer models appear in all relevant lists, and requested that DOE reconcile the differences among them. (California Utilities, No. 19 at p. 4) DOE collected information to support this rulemaking from as many publicly available sources as it could identify, including trade publications, technical reports, manufacturers' literature, product databases, and inputs from interested parties. As part of its data collection, DOE reviewed all of those databases, as well as others that include qualifying product lists from ENERGY STAR and the CEE. In doing so, DOE evaluated product data critical to its analysis to ensure that appropriate values were being used.
ASAP, the Joint Comment, and PG&E stated that the data collection should include more recent data than for 2007. According to ASAP, more recent data would capture changes in market share as well as the effects of manufacturer production tax credits. (ASAP, Public Meeting Transcript, No. 7 at p. 122; Joint Comment, No. 15 at p. 8; PG&E, Public Meeting Transcript, No. 7 at p. 36) DOE attempts to collect the most comprehensive and recent data available. For today's direct final rule, DOE used AHAM's residential clothes washer data submission, which included shipments, shipment-weighted efficiency, and market share efficiency data through 2008.
The California Utilities recommended that DOE collect data on sales-weighted clothes washer capacity, preferably in increments of 0.5 cubic feet, because they suggest that capacity has a greater effect on clothes washer efficiency than do other features. The Joint Comment also recommended that shipment data be disaggregated by capacity in at most 0.5-cubic-foot increments, and that such data should identify fill control type (
i.e.,
adaptive water fill control, manual fill control, or combination adaptive and manual fill control). The Joint Comment stated that DOE also should collect shipment data for combination washer/dryers. (California Utilities, No. 19 at p. 4; Joint Comment, No. 15 at pp. 4, 8) DOE is unaware of residential clothes washer shipments data disaggregated to the granularity suggested by the California Utilities and the Joint Comment. DOE requested that interested parties provide such data or information on sources to obtain this information but received no further information.
B. Screening Analysis
DOE uses the following four screening criteria to determine which technology options are suitable for further consideration.
(1)
Technological feasibility.
DOE will consider technologies incorporated in commercial products or in working prototypes to be technologically feasible. (The technological feasibility of options was discussed in the preceding section as part of the market and technology assessment.)
(2)
Practicability to manufacture, install, and service.
If mass production and reliable installation and servicing of a technology in commercial products could be achieved on the scale necessary to serve the relevant market at the time the standard comes into effect, then DOE will consider that technology practicable to manufacture, install, and service.
(3)
Adverse impacts on product utility or product availability.
If DOE determines a technology would have significant adverse impact on the utility of the product to significant subgroups of consumers, or would result in the unavailability of any covered product type with performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as products generally available in the United States at the time, it will not consider this technology further.
(4)
Adverse impacts on health or safety.
If DOE determines that a technology will have significant adverse impacts on health or safety, it will not consider this technology further.
10 CFR part 430, subpart C, appendix A, (4)(a)(4) and (5)(b).
Technologies that pass through the screening analysis are referred to as “design options” in the engineering analysis. Details of the screening analysis are provided in chapter 4 of the direct final rule TSD.
In the framework document, DOE identified the following initial technology options that could improve the efficiency of residential clothes washers, as shown in Table IV-2.
Table IV-2—Initial Technology Options for Residential Clothes Washers
1. Adaptive control systems.
2. Added insulation.
3. Advanced agitation concepts for vertical-axis machines.
4. Automatic fill control.
5. Bubble action.
6. Direct-drive motor.
7. Electrolytic disassociation of water.
8. Horizontal-axis design.
9. Horizontal-axis design with recirculation.
10. Hot water circulation loop.
11. Improved fill control.
12. Improved horizontal-axis washer drum design.
13. Improved water extraction to lower remaining moisture content.
14. Increased motor efficiency.
15. Low-standby-power design.
16. Ozonated laundering.
17. Plastic particle cleaning.
18. Reduced thermal mass.
19. Silver ion injection.
20. Spray rinse or similar water-reducing rinse technology.
20. Steam washing.
21. Thermostatically controlled mixing valves.
22. Tighter tub tolerance.
23. Ultrasonic washing.
DOE received the following specific comments with regard to the screening analysis for the residential clothes washer technology options presented in the framework document.
1. Technologies Requiring Clarification or Reclassification
AHAM, BSH, and GE commented that the horizontal-axis, top-loading clothes washer described in the framework document should be considered as a horizontal-axis product regardless of loading position. (AHAM, Public Meeting Transcript, No. 7 at p. 53; AHAM, No. 16 at p. 3; BSH, No. 11 at p. 3; GE, No. 20 at p. 1) ALS commented that one very small U.S. manufacturer has made a horizontal-axis top-loader, but it has not been readily accepted by consumers. (ALS, No. 13 at p. 2) As discussed in section III.A.2, DOE maintains product class distinction by method of loading for today's final rule. Therefore, DOE considers a horizontal-axis design as a technology to improve the efficiency of top-loading clothes washers. DOE notes that such products are currently on the market in the United States.
Several manufacturers requested additional information on some of the technology options without further comment. AHAM, GE, and Whirlpool requested clarification on bubble action, electrolytic disassociation of water, and improved horizontal-axis washer drum design. AHAM and GE stated that they sought clarification on increased motor efficiency, BSH requested clarification on improved horizontal-axis washer drum design and tighter tub tolerance, and Whirlpool requested clarification on the reduced thermal mass technology option. ALS stated it would not offer comment on electrolytic disassociation of water, ozonated laundering, plastic particle cleaning, and ultrasonic washing until more information was available on the technology. (AHAM, Public Meeting Transcript, No. 7 at pp. 52-53; AHAM, No. 16 at p. 3; ALS, No. 13 at p. 4; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 4) ASAP asked whether the low standby-power design included both standby and off modes. (ASAP, Public Meeting Transcript, No. 7 at p. 63) Additional detail on each of these technologies is provided in chapter 3 of the direct final rule TSD.
DOE requested comment in the framework document on whether additional technology options should be considered. ALS and Whirlpool stated that they are unaware of additional technologies that should be considered in DOE's preliminary analysis. (ALS, No. 13 at p. 5; Whirlpool, No. 22 at p. 5) AHAM and GE suggested that DOE add turbidity sensors to the list of technology options considered. Whirlpool commented that turbidity sensors have not been proven to provide adequate stain removal, soil removal, and rinsing performance. (AHAM, Public Meeting Transcript, No. 7 at p. 68; AHAM, No. 16 at p. 4; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 5) Multiple manufacturers stated to DOE during interviews that turbidity sensors have not been implemented in clothes washers largely due to technical barriers such as the high foaming properties of U.S. laundry detergents. Therefore, DOE did not add turbidity sensors as a technology option.
AHAM, GE, Samsung, and SCE stated that DOE should evaluate smart grid-enabled, demand-responsive clothes washers. AHAM and GE identified peak load shedding, wherein peak electricity demand is reduced via voluntary curtailment of clothes washer usage during certain times, as an important capability of such clothes washers. (AHAM, Public Meeting Transcript, No. 7 at p. 31; AHAM, No. 16 at p. 4; GE, Public Meeting Transcript, No. 7 at p. 31; GE, No. 20 at pp. 1, 3; Samsung, No. 25 at p. 4; SCE, Public Meeting Transcript, No. 7 at pp. 30, 64) DOE is unaware at this time of any such clothes washers available on the U.S. market for evaluation in terms of energy and water savings. Therefore, DOE did not consider smart-grid or other network-enabled technology options in this rulemaking.
In the framework document, DOE tentatively included steam washing in the list of residential clothes washer technology options. AHAM, GE, and Whirlpool noted that steam washing is already available in higher price point clothes washers. BSH stated that it has found through laboratory testing that steam washing does not improve cleaning performance. (AHAM, No. 16 at p, 4; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 4) DOE research and testing indicates that steam generation requires significantly more energy than the potential energy savings associated with using less hot water during the wash cycle. Therefore, in the final list of technology options, DOE did not consider steam washing as a means to reducing energy consumption.
2. Technological Feasibility
AHAM, BSH, GE, and Whirlpool stated that added insulation would provide no meaningful energy savings, resulting in a minimal impact on MEF. BSH also stated that added insulation would be an issue for Underwriters Laboratories (UL) listing, and that the energy savings associated with horizontal-axis designs that incorporate recirculation may be small. (AHAM, Public Meeting Transcript, No. 7 at p. 52; AHAM, No. 16 at p. 3; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 3) DOE agrees that the energy savings associated with added insulation would be negligible, particularly as the amount of hot water used in clothes washers decreases. DOE did not observe insulation around the tub in any of the units in its test sample, and multiple manufacturers stated that there was no energy benefit associated with the use of insulation. Therefore, DOE screened out added insulation. For horizontal-axis design with recirculation, DOE observes that units incorporating this design are available on the market, and one manufacturer stated that it can achieve energy savings of about 5 percent. Therefore, DOE retained horizontal-axis design with recirculation for its analysis.
AHAM, GE, and Whirlpool commented that standby power accounts for a small percentage of total energy consumption—AHAM estimates it accounts for 3 percent of annual energy use—so that designs incorporating low standby power would have a minimal impact. (AHAM, Public Meeting Transcript, No. 7 at p. 53; AHAM, No. 16 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 4) DOE recognizes that standby power is a relatively small percentage of annual clothes washer energy consumption. Under EPCA, as amended by EISA 2007, however, DOE is required to integrate standby and off mode energy use into the energy efficiency metric if technically feasible and consistent with 42 USC 6295(o). Today's final rule includes amendments to include measures for standby and off mode power consumption for clothes washers.
DOE received additional comments from interested parties suggesting that DOE exclude certain technologies proposed in the framework document from further analysis because they already are in widespread use. AHAM, BSH, GE, and Whirlpool commented that adaptive control systems, automatic fill control, improved fill control, spray rinse or similar water-reducing rinse technologies, and thermostatically controlled mixing valves are already widely used in residential clothes washers, although they assumed that improved fill control was the same technology as adaptive fill controls. AHAM, GE, and Whirlpool stated that direct-drive motors, horizontal-axis designs with recirculation, and hot water circulation loops also are widely used. AHAM and GE further stated that the widespread use of direct-drive motors currently applies only to top-loaders, although the technology is also available for front-loaders. Whirlpool added that horizontal-axis design is widely used. According to Whirlpool, the efficiency gains from these technology options are being recognized already. AHAM, BSH, and GE further commented that reduced thermal mass is already in widespread use for horizontal-axis clothes washers. AHAM, BSH, GE, and Whirlpool also stated that current products are nearing the maximum possible centrifugal force levels, so that no additional energy savings could be achieved by improved water extraction to lower remaining moisture content. (AHAM, Public Meeting Transcript, No. 7 at p. 53; AHAM, No. 16 at pp. 3-4; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at pp. 3-4) DOE evaluated each of these technologies as part of its reverse-engineering and manufacturer interviews, and determined that baseline clothes washers are available that meet current Federal standards without the use of such designs, each of which represents a potential means to improve energy efficiency. DOE does not consider level of commercialization in itself to be an indicator of whether a technology should be screened out. Therefore DOE retained all the above mentioned technology options for its analysis.
According to Whirlpool, it routinely pursues increased motor efficiency in its product development. (Whirlpool, No. 22 at p. 4) Because this technology option meets DOE's screening criteria, it was retained for further analysis.
3. Practicability to Manufacture, Install, and Service/Adverse Impacts on Product Utility or Availability
AHAM, BSH, GE, and Whirlpool commented that advanced agitation concepts already exist in high efficiency top-loading residential clothes washers. Whirlpool stated that the cost of this technology option limits its adoption to higher-priced models. (AHAM, No. 16 at p. 3; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 3) DOE considers costs of the design options necessary to achieve each efficiency level as part of the LCC and PBP analysis. Therefore, DOE retained advanced agitation concepts for top-loading machines for its analysis.
For ozonated laundering, AHAM and GE commented that they are aware of such technology only for expensive stand-alone units. According to those commenters, it is unclear how ozonated laundering could be implemented into the more price-conscious residential market. (AHAM, Public Meeting Transcript, No. 7 at p. 53; AHAM, No. 16 at p. 3; GE, No. 20 at p. 1) Whirlpool stated that ozonated laundering offers poor cleaning performance and is quite costly. (Whirlpool, No. 22 at p. 4) ASAP, AWE, and the Joint Comment noted that residential clothes washers using ozonated laundry technology currently are on the market in Japan. AWE specifically mentioned the Sanyo Aqua Ozone combination washer/dryer and stated that ozone is also used by multiple manufacturers for commercial laundry. ASAP and the Joint Comment stated that ozonated laundry allows significant reductions in water and energy use. (ASAP, Public Meeting Transcript, No. 7 at p. 63; AWE, No. 12 at p. 2; Joint Comment, No. 15 at p. 4) Because no such residential clothes washers have been produced or demonstrated for the U.S. market, DOE does not believe this technology would be practicable to manufacture, install, and service on the scale necessary to serve the U.S. residential clothes washer market at the time of the effective date of an amended standard. Also, because implementation of this technology in a residential application is so limited, DOE is unable to adequately assess the impacts on consumer health or utility. For these reasons, DOE screened out ozonated laundry.
AHAM, BSH, GE, and Whirlpool stated that plastic particle cleaning does not provide effective wash performance. BSH added that other concerns include the manufacture, maintenance, and disposal of the plastic particles. (AHAM, Public Meeting Transcript, No. 7 at p. 54; AHAM, No. 16 at p. 4; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 4) Samsung commented that plastic particle cleaning would have to be evaluated with consideration of wash and rinse performance. (Samsung, No. 25 at p. 3) Though clothes washers using plastic particle cleaning exist in working prototypes, this technology has not yet been commercialized, and thus consumer utility has yet to be thoroughly evaluated in terms of cleaning performance, as well as handling of the plastic particles. In addition, because no clothes washer manufacturer is currently producing such a machine, and because the reliability and consumer habits associated with using plastic particles are as yet unknown, DOE believes that it would not be practicable to manufacture, install, and service this technology on the scale necessary to serve the relevant market at the time of the effective date of an amended standard. For these reasons, DOE screened out plastic particle cleaning.
Whirlpool commented that tighter tub tolerance can be achieved, but the technology option is costly enough to limit its adoption to higher price-point clothes washers because a stronger structure is required. (Whirlpool, No. 22 at p. 4) Because DOE accounts for the cost associated with each design option necessary to achieve a certain efficiency level, it did not screen out tighter tub tolerance on this basis and retained this design option for consideration in the engineering analysis.
AHAM, BSH, GE, and Whirlpool stated that ultrasonic washing is not a proven technology for residential clothes washers. Whirlpool further stated that this technology has not been proven to provide adequate stain removal, soil removal, or rinsing performance. (AHAM, Public Meeting Transcript, No. 7 at p. 54; AHAM, No. 16 at p. 4; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 4) DOE's research supports these comments, indicating that ultrasonic washing has not been shown to remove soil from clothes adequately. In addition, bubble cavitations caused by standing ultrasonic waves potentially could damage fragile clothing or clothing fasteners, further reducing product utility. For these reasons, DOE screened out ultrasonic washing.
DOE understands that bubble action has been incorporated into commercially available residential clothes washers in Europe and Asia. Because production is nonexistent in the U.S., however, DOE does not believe that this technology would be practicable to manufacture, install, and
service on the scale necessary to serve the residential market at compliance date of new standards. For these reasons, DOE screened out bubble action.
4. Adverse Impacts on Health or Safety
ALS stated that it was not aware of any technologies that should be removed from consideration due to safety concerns. (ALS, No. 13 at p. 4)
ASAP and the Joint Comment stated that DOE should retain silver ion injection because it provides a deodorizing action in cold water washing and currently is available in the U.S. residential clothes washer market. According to the Joint Comment, such technology may encourage consumers to use fewer warm and hot water cycles. (ASAP, Public Meeting Transcript, No. 7 at p. 63; Joint Comment, No. 15 at p. 4) Whirlpool acknowledged that some manufacturers have incorporated silver ion technology as a means of disinfection, but stated that silver has an adverse impact on the environment. Whirlpool commented that the U.S. EPA requires that silver used for such a purpose be reported and tracked under the Federal Insecticide, Fungicide, and Rodenticide Act. (Whirlpool, No. 22 at p. 5) The EPA reporting requirement for clothes washers incorporating silver does not prevent commercialization of such technology, and DOE is not aware that any adverse impacts on health or safety have been demonstrated for this technology. Therefore DOE retained this option for consideration in the engineering analysis.
5. Additional Screening Criteria
DOE received a number of comments from interested parties recommending that it use additional criteria for screening technology options besides the four listed in 10 CFR part 430, subpart C, appendix A at 4(a)(4). AHAM, BSH, GE, and Whirlpool commented that technology options also should be evaluated on the basis of wash performance, rinse performance, and fabric care (damage, fraying, etc.). (AHAM, No. 16 at p. 4; BSH, No. 11 at p. 3; GE, No. 20 at p. 1; Whirlpool, No. 22 at p. 5) Miele, Inc. (Miele) questioned whether DOE would be evaluating each technology option on the basis of adequate wash performance. (Miele, Public Meeting Transcript, No. 7 at p. 65) For this rulemaking, DOE used the screening criteria set forth in its regulations. Technologies are evaluated in the screening analysis to determine whether they have an adverse impact on product utility or availability. Because DOE believes that the general utility of a clothes washer includes the ability to clean clothing adequately, DOE screened out those technologies that it believes have not been demonstrated to achieve adequate cleaning (
i.e.,
ultrasonic washing, as discussed previously).
Based on comments received regarding the initial technology options, DOE retained the design options shown in Table IV-3 for its subsequent engineering analysis. These remaining design options met all of the screening criteria listed above.
Table IV-3—Design Options Retained for Engineering Analysis
1. Adaptive control systems.
2. Advanced agitation concepts for top-loading machines.
3. Automatic water fill control.
4. Direct-drive motor.
5. Horizontal-axis design.
6. Horizontal-axis design with recirculation.
7. Hot water circulation loop.
8. Improved fill control.
9. Improved horizontal-axis washer drum design.
10. Improved water extraction to lower remaining moisture content.
11. Increased motor efficiency.
12. Low-standby-power electronic controls.
13. Reduced thermal mass.
14. Silver ion injection.
15. Spray rinse or similar water-reducing rinse technology.
16. Thermostatically controlled mixing valves.
17. Tighter tub tolerance.
C. Engineering Analysis
In the engineering analysis, DOE evaluates a range of product efficiency levels and their associated manufacturing costs. The purpose of the analysis is to estimate the incremental manufacturer production costs (MPCs) associated with increasing efficiency levels above that of the baseline model in each product class. The engineering analysis considers technologies not eliminated in the screening analysis, although certain technologies are not analyzed if data does not exist to evaluate the energy efficiency characteristics of the technology; available data suggest that the efficiency benefits of the technology are negligible; or for reasons stated in the March 2012 TP final rule, DOE did not amend the test procedure to measure the energy impact of these technologies. DOE considers the remaining technologies, designated as design options, in developing cost-efficiency curves, which subsequently are used for the LCC and PBP analyses.
DOE has identified the following three methodologies for generating the manufacturing costs needed for the engineering analysis: (1) The design-option approach, which provides the incremental costs of adding to a baseline model design options that will improve its efficiency; (2) the efficiency-level approach, which provides the relative costs of achieving increases in energy efficiency levels, without regard to the particular design options used to achieve such increases; and (3) the cost-assessment (or reverse-engineering) approach, which provides “bottom-up” manufacturing cost assessments for achieving various levels of increased efficiency, based on detailed data regarding costs for parts and material, labor, shipping/packaging, and investment for models that operate at particular efficiency levels.
DOE conducted the engineering analyses for the top-loading standard and front-loading standard product classes using a combination of the cost-assessment approach and the efficiency-level approach. The cost-assessment approach provides an accurate means for estimating a single manufacturer's incremental manufacturing costs for achieving various levels of increased efficiency. This approach involved physically disassembling commercially available products to develop cost-efficiency relationships for each manufacturer's product lines. Because each manufacturer may choose a different path to achieve higher levels of efficiency, an efficiency-level approach produces an industry-wide cost-efficiency relationship for each product class. DOE developed cost-efficiency relatio
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