# Energy Conservation Program: Test Procedure for Dishwashers > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2021-26880 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 22, 2021 - **Citation:** 86 FR 72738 ## Text DEPARTMENT OF ENERGY 10 CFR Part 430 [EERE-2016-BT-TP-0012] RIN 1904-AD96 Energy Conservation Program: Test Procedure for Dishwashers AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of proposed rulemaking and request for comment. SUMMARY: The U.S. Department of Energy (“DOE”) proposes to amend the current test procedures appendix for dishwashers, adopt a new test procedureappendix, incorporate by reference newly published Association of Home Appliance Manufacturers (“AHAM”) standards—AHAM DW-1-2020 and DW-2-2020—and apply certain provisions of the industry standards to to the test procedures appendices. The proposed amendments to the current procedure would establish requirements for water hardness, relative humidity, and loading pattern; update requirements for ambient temperature, detergent dosage, and standby power measurement; include testing approaches from recently published waivers for dishwashers; and include provisions for a minimum cleaning index threshold to validate the selected test cycle. The proposed new test procedure appendix would additionally include updated annual number of cycles and low-power mode hours for the calculation of energy consumption. DOE is seeking comments from interested parties on the proposal. DATES: Meeting: DOE will hold a webinar on Thursday, February 3, 2022, from 12:30 p.m. to 4:30 p.m. See Section V, “Public Participation,” for webinar registration information, participant instructions, and information about the capabilities available to webinar participants. If no participants register for the webinar, it will be cancelled. Comments: DOE will accept comments, data, and information regarding this proposal no later than February 22, 2022. See Section V, “Public Participation,” for details. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2016-BT-TP-0012, by any of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. 2. Email: ResDishwasher2016TP0012@ee.doe.gov. Include docket number EERE-2016-BT-TP-0012 and/or RIN number 1904-AD96 in the subject line of the message. No telefacsimilies (“faxes”) will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see Section V of this document. Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including the Federal eRulemaking Portal, email, postal mail, or hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing COVID-19 pandemic. DOE is currently suspending receipt of public comments via postal mail and hand delivery/courier. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at (202) 586-1445 to discuss the need for alternative arrangements. Once the COVID-19 pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier. Docket: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts (if a public meeting is held), comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at www.regulations.gov/docket?D=EERE-2016--BT-TP-0012. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See Section V of this document for information on how to submit comments through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: ApplianceStandardsQuestions@ee.doe.gov. Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-2588. Email: Amelia.Whiting@hq.doe.gov. For further information on how to submit a comment, review other public comments and the docket, or participate in a public meeting (if one is held), contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: ApplianceStandardsQuestions@ee.doe.gov. SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously approved incorporation by reference and to incorporate by reference the following additional industry standards into part 430: ANSI/AHAM DW-1-2020 (“AHAM DW-1-2020”), “Uniform Test Method for Measuring the Energy Consumption of Dishwashers,” approved October 2020. AHAM DW-2-2020, “Household Electric Dishwashers,” approved 2020. Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from AHAM at 1111 19th Street NW, Suite 402, Washington, DC 20036; or by going to AHAM's online store at www.aham.org/AHAM/AuxStore. IEC 62301 (“IEC 62301 Ed. 2.0”), Household electrical appliances—Measurement of standby power, (Edition 2.0, 2011-01). A copy of IEC 62301 Ed. 2.0 can be obtained from the International Electrotechnical Commission, available from the American National Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036, (212) 642-4900, or go to webstore.ansi.org . For a further discussion of these standards, see Section IV.M of this document. Table of Contents I. Authority and Background A. Authority B. Background II. Synopsis of the Notice of Proposed Rulemaking III. Discussion A. Scope of Applicability B. Updates to Industry Standards C. Metrics D. Test Setup 1. Water Hardness 2. Relative Humidity 3. Ambient Temperature 4. 208-Volt Power 5. Built-In Water Reservoir 6. In-Sink Installation 7. Absence of Main Detergent Compartment E. Test Cycle Amendments 1. Cycle Selections 2. Drying Energy Measurement 3. Annual Number of Cycles F. Energy and Water Consumption Test Methods 1. Test Load Items 2. Soils 3. Loading Pattern 4. Preconditioning Cycles 5. Detergent 6. Rinse Aid 7. Water Softener Regeneration Cycles 8. Water Re-Use System G. Cleaning Performance 1. Cleaning Performance Test Method 2. Cleaning Index Threshold 3. Validation of the Test Cycle 4. Determining the Most Energy-Intensive Cycle H. Standby Mode Test Method 1. Standby Power Measurement 2. Annual Combined Low-Power Mode Energy Consumption Calculation I. Network Mode J. Test Cycle Duration K. Test Procedure Costs and Harmonization 1. Test Procedure Costs and Impact 2. Harmonization With Industry Standards L. Compliance Date and Waivers IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 D. Review Under the National Environmental Policy Act E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 M. Description of Materials Incorporated by Reference V. Public Participation A. Participation in the Webinar B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of the Webinar D. Submission of Comments E. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary I. Authority and Background Dishwashers are included in the list of “covered products” for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6292(a)(6)) DOE's test procedures for dishwashers are currently prescribed at 10 CFR 430.23(c) and appendix C1 to subpart B of part 430 (“appendix C1”). The following sections discuss DOE's authority to establish test procedures for dishwashers and relevant background information regarding DOE's consideration of test procedures for this product. A. Authority The Energy Policy and Conservation Act, as amended (“EPCA”), 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B 2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These products include dishwashers, the subject of this document. (42 U.S.C. 6292(a)(6)) 1 All references to EPCA in this NOPR refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. The energy conservation program under EPCA consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of those consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)) Federal energy efficiency requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. (42 U.S.C. 6297(d)) Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including dishwashers, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary determines, on her own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type (or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures. DOE is publishing this notice of proposed rulemaking (“NOPR”) in satisfaction of its requirements under EPCA. (42 U.S.C. 6293(b)(1)(A)) In addition, EPCA requires that DOE amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off mode energy consumption must be incorporated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product unless the current test procedures already account for and incorporate standby and off mode energy consumption or such integration is technically infeasible. If an integrated test procedure is technically infeasible, DOE must prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment must consider the most current versions of the International Electrotechnical Commission (“IEC”) Standard 62301 3 and IEC Standard 62087 4 as applicable. (42 U.S.C. 6295(gg)(2)(A)) 3 IEC 62301, Household electrical appliances—Measurement of standby power (Edition 2.0, 2011-01). 4 IEC 62087, Methods of measurement for the power consumption of audio, video, and related equipment (Edition 3.0, 2011-04). B. Background DOE most recently amended its dishwasher test procedures in a final rule published October 31, 2012 that established a new test procedure at appendix C1. 77 FR 65942 (“October 2012 final rule”). (For additional information on the history of test procedure rulemaking for dishwashers, please see the October 2012 final rule.) Appendix C1 follows the same general procedures as those included in the previously established appendix ( i.e., “appendix C”), with updates to: (1) Revise the provisions for measuring energy consumption in standby mode or off mode; (2) add requirements for dishwashers with water softeners to account for regeneration cycles; (3) require an additional preconditioning cycle; (4) include clarifications regarding certain definitions, test conditions, and test setup; and (5) replace obsolete test load items and soils. 77 FR 65942, 65982-65987. Appendix C1 is currently required to demonstrate compliance with DOE's energy conservation standards for dishwashers at 10 CFR 430.32(f). The current version of the DOE test procedure includes provisions for determining estimated annual energy use (“EAEU”) in kilowatt-hours per year (“kWh/year”), estimated annual operating cost (“EAOC”) in dollars per year, and water consumption in gallons per cycle (“gal/cycle”). (10 CFR 430.23(c)) On December 13, 2016, DOE published a final determination (“December 2016 Final Determination”) regarding the energy conservation standards for dishwashers in which DOE removed appendix C, which was applicable only to dishwashers manufactured before May 30, 2013. See 81 FR 90072, 90073. On August 20, 2019, DOE published a request for information (“August 2019 RFI”) seeking comments on the existing test procedure for dishwashers. 84 FR 43071. In the August 2019 RFI, DOE requested comments, information, and data about a number of issues, including: Cycle selections, cycle options, test load items, soils, annual number of cycles, loading pattern, detergent, rinse aid, water hardness, standby testing, room ambient conditions, incorporating requirements from existing waivers for testing dishwashers, repeatability and reproducibility of the test procedure, and efficiency metrics. Id. DOE received comments in response to the August 2019 RFI from the interested parties listed in Table I-1. 5 5 The parenthetical reference provides a reference for information located in the docket of DOE's rulemaking to develop test procedures for dishwashers (Docket NO. EERE-2016-BT-TP-0012, which is maintained at www.regulations.gov ). The references are arranged as follows: (Commenter name, comment docket ID number, page of that document). Table I-1—August 2019 RFI Written Comments Commenter(s) Reference in this NOPR Commenter type Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, Alliance to Save Energy, and Natural Resources Defense Council, Northwest Energy Efficiency Alliance, Consumer Federation of America, National Consumer Law Center on behalf of its low-income clients Joint Commenters Efficiency Organizations. Association of Home Appliance Manufacturers 6 AHAM Trade Association. California Energy Commission (“CEC”) CEC State Agency. GE Appliances, a Haier company (“GEA”) GEA Manufacturer. Pacific Gas and Electric Company (“PG&E”), San Diego Gas and Electric, and Southern California Edison California Investor Owned Utilities (“CAIOUs”) Utility Association. Samsung Electronics America Samsung Manufacturer. Whirlpool Corporation Whirlpool Manufacturer. Anonymous Anonymous Individual. On October 30, 2020, DOE published a final rule (“October 2020 Final Rule”) establishing a separate product class for standard size dishwashers with a cycle time for the “normal” cycle of less than one hour ( i.e., 60 minutes) from washing through drying. 85 FR 68723. The definition for the new product class of standard size dishwashers with a “normal” cycle time of 60 minutes or less defines “normal” cycle time by reference to Section 1.12 of appendix C1. 10 CFR 430.32(f)(1)(iii). On August 11, 2021, DOE published a NOPR (“August 2021 NOPR”) proposing to revoke the final rule that established the new product class for dishwashers. 86 FR 43970. The new product class definition, as well as the previously established definitions for standard size dishwasher and compact dishwasher, incorporate by reference American National Standards Institute (“ANSI”) ANSI/AHAM DW-1-2010 for specifying the place settings used to distinguish between “standard” and “compact.” 10 CFR 430.32(f)(1)(i)-(iii). 6 DOE notes that AHAM submitted an additional comment following close of the comment period in which it encouraged DOE to adopt the updated AHAM test procedure for dishwashers. (AHAM, No. 11) II. Synopsis of the Notice of Proposed Rulemaking Currently, DOE incorporates by reference into 10 CFR part 430 the 2010 edition of AHAM DW-1, “Household Electric Dishwashers” (“ANSI/AHAM DW-1-2010”) and applies certain provisions of the standard to appendix C1. AHAM most recently updated AHAM DW-1 with the release of the 2020 edition and also renumbered the standard as AHAM DW-2 (“AHAM DW-2-2020”). AHAM also published the new standard AHAM DW-1-2020, “Uniform Test Method for Measuring the Energy Consumption of Dishwashers” (“AHAM DW-1-2020”), which is consistent with the existing DOE test procedure in appendix C1, including referencing AHAM DW-2-2020 for the provisions where appendix C1 currently references ANSI/AHAM DW-1-2010. Several provisions in AHAM DW-1-2020 provide updates and additions as compared to the existing requirements in appendix C1. In this NOPR, DOE proposes to incorporate by reference into 10 CFR part 430 the new industry standard, AHAM DW-1-2020, and update the industry standard incorporated by reference in 10 CFR part 430 from ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Specifically, DOE proposes to: (1) Incorporate by reference AHAM DW-1-2020 into 10 CFR part 430 and apply certain provisions of the industry standards to appendix C1, including the following: a. Add the water hardness specification in Section 2.11 of AHAM DW-1-2020; b. Add the relative humidity specification in Section 2.5.1 of AHAM DW-1-2020 and the associated tolerance for the measurement instrument in Section 3.7 of AHAM DW-1-2020; c. Update the active mode ambient temperature as specified in Section 2.5.1 of AHAM DW-1-2020; d. Update the loading pattern requirement by applying the direction specified in Section 2.6 of AHAM DW-1-2020; e. Update the specifications for detergent usage consistent with Section 2.10 of AHAM DW-1-2020. This includes changing the type of detergent used, and the calculation of detergent dosage to be used for the pre-wash and main-wash cycles of dishwashers other than water re-use system dishwashers; f. Add specific dishwasher door configuration requirements during standby mode testing, by incorporating the specifications in Section 4.2 of AHAM DW-1-2020 and update the annual combined low-power mode hours based on cycle duration; and, g. Incorporate the requirements from AHAM DW-1-2020 for the test methods pertaining to two granted waivers for dishwashers with specific design features. (2) Establish new appendix C2, which would generally require testing as in appendix C1, with the following additional update: a. Updated number of annual cycles and low-power mode hours used for calculating the estimated annual energy use as specified in Section 5 of AHAM DW-1-2020. For both appendix C1 and proposed new appendix C2, DOE additionally proposes to: (1) Specify provisions for scoring the test load and calculating a per-cycle cleaning index metric as specified in AHAM DW-2-2020 and establish a minimum cleaning index threshold of 65 as a condition for a test cycle to be valid. (2) Incorporate the test methods specified in a waiver for testing a basic model of dishwashers that does not hook up to a water supply line, but has a manually filled, built-in water tank. Additionally, incorporate the test methods specified in a waiver for basic models of dishwashers that are installed in-sink (as opposed to built-in to the cabinetry or placed on countertops). DOE's proposed actions are summarized in Table II-1 compared to the current test procedure, as well as the reason for the proposed change. Table II-1—Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure Current DOE test procedure Proposed test procedure Applicable test procedure Attribution References provisions of ANSI/AHAM DW-1-2010 for some aspects of the test procedure References provisions of AHAM DW-1-2020 newly incorporated into 10 CFR part 430, with limited modifications Appendix C1 and appendix C2 Harmonize with industry standard and practice. Does not specify a water hardness requirement Adds water hardness requirement to be consistent with AHAM DW-1-2020, which is 0 to 85 parts per million of calcium carbonate Appendix C1 and appendix C2 Harmonize with industry standard and practice. Does not specify any range for relative humidity Specifies the relative humidity (“RH”) requirement from AHAM DW-1-2020, which is 35 percent ±15 percent Appendix C1 and appendix C2 Harmonize with industry standard and practice. Does not specify any instrumentation for measuring relative humidity References the instrumentation requirements for measuring relative humidity from AHAM DW-1-2020 Appendix C1 and appendix C2 Harmonize with industry standard and practice. Specifies that the ambient temperature must be maintained at 75° ±5° F References the ambient temperature requirement from AHAM DW-1-2020, including maintaining it at a target temperature of 75° F Appendix C1 and appendix C2 Harmonize with industry standard and practice Does not specify a loading pattern. References the loading pattern from AHAM DW-1-2020, which specifies the same loading requirements as the ENERGY STAR Cleaning Performance Test Method Appendix C1 and appendix C2 Harmonize with industry standard and practice. References the detergent type and detergent dosing requirements from ANSI/AHAM DW-1-2010, which specifies Cascade with the Grease Fighting Power of Dawn as the detergent and dosing requirements based on water volumes in the prewash and main wash cycles References the detergent type and detergent dosing requirements from AHAM DW-1-2020, which specifies Cascade Complete Powder detergent and dosing requirements based on number of place settings Appendix C1 and appendix C2 Harmonize with industry standard and practice. Uses 215 annual cycles for calculating annual energy use Reduces the annual number of cycles to 184 for calculating annual energy use Appendix C2 Harmonize with industry standard and practice. Does not specify whether the dishwasher door should be open or closed during standby mode testing References the requirement from AHAM DW-1-2020, which specifies that the door must be opened at the end of an active cycle and closed immediately prior to standby power measurement Appendix C1 and appendix C2 Harmonize with industry standard and practice. Uses 8,465 hours to calculate combined low-power mode energy consumption for dishwashers that do not have a fan-only mode References the requirement from AHAM DW-1-2020 to use the measured cycle duration to calculate combined low-power mode hours Appendix C2 Harmonize with industry standard and practice. Does not include a method to test dishwashers operating on 208-volt power supply Includes a method to test dishwashers intended for a 208-volt power supply, which is also included in AHAM DW-1-2020 Appendix C1 and appendix C2 Response to waiver and harmonize with industry standard and practice. Does not include a method to test dishwashers with a water re-use system that uses water recovered from prior use Specifies the test method for dishwashers with a water re-use system from AHAM DW-1-2020 Appendix C1 and appendix C2 Response to waiver and harmonize with industry standard and practice. Specifies installation instructions and test provisions only for dishwashers that connect to a water supply line Specifies installation instructions and test provisions for dishwashers that do not connect to a water supply line but instead have a built-in water tank Appendix C1 and appendix C2 Response to waiver. Specifies installation instructions only for under-counter and under-sink dishwashers Specifies installation instructions for “in-sink” dishwashers Appendix C1 and appendix C2 Response to waiver. Requires placing detergent within a main wash detergent compartment Specifies detergent placement instructions for dishwashers that do not have a main wash detergent compartment Appendix C1 and appendix C2 Response to waiver. Does not specify measurement of the normal cycle time specifically for determining whether a standard size dishwasher has a normal cycle time of 60 minutes or less Specifies measurement of the duration of the “normal” cycle for the purpose of product class determination Appendix C1 and appendix C2 Update in response to new product class. Does not specify a minimum cleaning index threshold to valid a test cycle References AHAM DW-2-2020 to specify measurement of a per-cycle cleaning index, with a threshold value of 65 as a condition for a test cycle to be valid Appendix C1 and appendix C2 Ensure the test procedure produces test results which measure energy and water use during a representative average use cycle. DOE has tentatively determined that the proposed amendments to the test procedure described in Section III of this document for appendix C1 would not require DOE to amend the energy and water conservation standards for dishwashers. The additional proposed amendments for the newly proposed appendix C2 would alter the reported energy and water consumption of dishwashers, as discussed in each relevant section of this NOPR. However, as proposed, testing in accordance with these specific proposed changes would not be required until such time as compliance is required with any amended energy conservation standards based on appendix C2. Discussion of DOE's proposed actions are addressed in detail in Section III of this document. III. Discussion In the August 2019 RFI, DOE requested stakeholder feedback on several topics including test setup, dishwasher cycle-related specifications, potential inclusion of additional cycle features, representative test load with soiling levels, and whether further clarification is needed for the prescribed test procedure. 84 FR 43071. While DOE received specific comments pertaining to each topic on which it requested comments, DOE also received some general comments in response to the August 2019 RFI. An anonymous commenter stated that the Federal government should refrain from rulemakings on products. (Anonymous, No. 3 at p. 1) AHAM stated that the current test procedure produces representative results, is not unduly burdensome, and is consistent with the DOE Appliance Standard Program's goals. However, AHAM commented that there is inherent variation for soil-sensing dishwashers that could not be eliminated during testing, and that the test procedure should provide additional clarity and minimize variation, but there will always be some inconsistent soil responses in the test. (AHAM, No. 5 at pp. 2, 8) AHAM further stated that adding cycles or options, or changing the load or soils, would add significant test burden and decrease repeatability and reproducibility in some cases. However, AHAM stated, minor clarifications to the test procedure could improve it and suggested a number of clarifications in its comments, which DOE addresses in the relevant sections of this NOPR. (AHAM, No. 5 at p. 2) GEA and Whirlpool expressed support of AHAM's comments. (GEA, No. 10 at p. 1; Whirlpool, No. 4 at p. 1) In the following sections, DOE addresses the topics on which it requested feedback in the August 2019 RFI, summarizes stakeholder comments received, responds to these comments, and proposes updates to the test procedure based on comments and DOE's analyses. A. Scope of Applicability This rulemaking applies to dishwashers, which are cabinet-like appliances which with the aid of water and detergent, wash, rinse, and dry (when a drying process is included) dishware, glassware, eating utensils, and most cooking utensils by chemical, mechanical and/or electrical means and discharge to the plumbing drainage system. 10 CFR 430.2. DOE is not proposing to amend the scope of the current dishwasher test procedure. B. Updates to Industry Standards The current dishwasher test procedure at appendix C1 references the AHAM industry standard, ANSI/AHAM DW-1-2010, for certain provisions of the DOE test procedure. In the August 2019 RFI, DOE requested comments in reference to this industry standard. 84 FR 43071, 43078. At the time of the August 2019 RFI, AHAM DW-1-2019, “Household Electric Dishwashers” (“AHAM DW-1-2019”) was the most recent version of the industry standard. In response to the August 2019 RFI, stakeholders commented on the potential incorporation by reference of AHAM DW-1-2019, the then-current version of the industry standard. This NOPR refers to ANSI/AHAM DW-1-2010 and AHAM DW-1-2019, when discussing the August 2019 RFI and stakeholder comments, respectively. Since the publication of the August 2019 RFI, AHAM published AHAM DW-1-2020 and AHAM DW-2-2020. AHAM DW-1-2020 provides an industry test procedure for determining the energy and water consumption of dishwashers, updating the relevant test procedure provisions that were previously in ANSI/AHAM DW-1-2010. 7 AHAM DW-1-2020 specifies definitions, testing conditions, instrumentation, test cycle and measurements, and calculations for energy and water consumption of dishwashers. AHAM DW-1-2020 also references the IEC Standard 62301, “Household electrical appliances—Measurement of standby power”, Edition 2.0, 2011-01 (“IEC 62301 Ed. 2.0”) for measuring standby mode and off mode power consumption. AHAM DW-1-2020 was developed by AHAM based upon the current appendix C1 and references, as applicable, AHAM DW-2-2020 in each instance where appendix C1 currently references ANSI/AHAM DW-1-2010. 8 AHAM DW-1-2020 also includes updates that reflect AHAM's comments in response to the August 2019 RFI. Additionally, AHAM included requirements pertaining to the two dishwasher test procedure waivers that were in effect as of July 2020. DOE participated in the AHAM DW-1-2020 development process and provided feedback and comments for the task group's consideration on various topics. 7 As noted previously, AHAM DW-1-2019 included the measurement of cleaning performance but not energy or water consumption. 8 The current references to ANSI/AHAM DW-1-2010 specify place settings, serving pieces, soiling procedures, loading procedures, and detergent specifications—all of which are now specified in AHAM DW-2-2020. AHAM DW-2-2020 supersedes the AHAM DW-1-2019 industry standard. 9 AHAM included minor changes and illustrations to improve consistency throughout the document, to reflect the latest representative items used for testing, and to eliminate ambiguity in test preparation. DOE proposes to reference relevant sections of AHAM DW-2-2020, which includes setup, measurement, and calculation instructions for evaluating dishwasher cleaning performance, for its proposal to specify a per-cycle cleaning index threshold as a condition for a valid test cycle. 9 AHAM updated its numbering scheme for dishwasher standards, wherein DW-2 measures cleaning performance, whereas DW-1 measures energy and water consumption. Because ANSI/AHAM DW-1-2010 and AHAM DW-1-2019 have been superseded, the updates proposed in this NOPR are consistent with AHAM DW-1-2020 and AHAM DW-2-2020, as appropriate. Where the requirements differ between succeeding documents, the implications of these differences are discussed in more detail in the respective sections of this NOPR. DOE is proposing to incorporate by reference into 10 CFR part 430 the currently applicable industry test procedure for dishwashers, AHAM DW-1-2020. Simultaneously, DOE is also proposing to update the industry standard incorporated by reference in 10 CFR part 430 from ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. In addition, DOE is proposing to reference in appendix C1 and newly proposed appendix C2 specific provisions of AHAM DW-1-2020 and AHAM DW-2-2020, with modifications, to clarify provisions where the applicable industry consensus standards would not produce test results that are representative of the energy and water use of certain products. DOE requests comment on its proposal to incorporate by reference into 10 CFR part 430 the most recent version of the industry standard for dishwasher energy and water use measurement, AHAM DW-1-2020, as well as the industry performance standard, AHAM DW-2-2020, both with modifications. DOE seeks comment on its preliminary conclusion that the proposed modifications to the industry standards are necessary so that the DOE test method satisfies the requirements of EPCA. C. Metrics DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix C1 provide results for dishwasher energy consumption in kWh/year and water consumption in gal/cycle. In the August 2019 RFI, DOE requested feedback on an energy and water use metric on a per-place setting basis, including any data characterizing how the energy use of dishwashers on the market in the United States could be impacted by it. 84 FR 43071, 43078. DOE received comments regarding potential per-place setting energy and water use metrics. AHAM opposed such metrics and recommended that DOE maintain the number of place settings and metrics currently in appendix C1. AHAM stated that per-place setting energy and water use metrics could be confusing, whereas the current method is a less complex way to compare products. Also, AHAM expressed concern that a per-place setting metric would be too reliant on a claimed value of the number of place settings. (AHAM, No. 5 at p. 9) GEA expressed its support of AHAM's comments, stating that a per-place setting measurement would encourage manufacturers to increase the listed number of place settings to allow a higher maximum annual energy use, and that a uniform metric ensures appropriate comparison of ratings among models. (GEA, No. 10 at p. 2) The Joint Commenters also opposed the incorporation of per-place setting metrics for energy and water usage and provided data that they stated demonstrates that there is no correlation between place-setting capacity and energy or water use. (Joint Commenters, No. 8 at pp. 2-3) The CAIOUs also did not support per-place setting energy and water metrics, commenting that they have found no correlation between capacity and energy or water use, and that such metrics would cause confusion in the market. (CAIOUs, No. 7 at p. 3) In this NOPR, DOE does not propose changing the efficiency metrics to a per-place setting basis. At this time, DOE does not have data to support the adoption of such a metric. The data submitted by the Joint Commenters demonstrates a wide range of certified annual energy and per-cycle water use values among units available on the market listed in DOE's Compliance Certification Database. DOE agrees with the Joint Commenters' assertion that currently available data demonstrates no consistent correlation between place-setting capacity and either energy or water use. Additionally, such a metric would also likely require development of an additional method to determine capacity based on place settings. At this time, DOE proposes to maintain the current efficiency metrics in appendix C1 and the new appendix C2. D. Test Setup 1. Water Hardness Appendix C1 does not currently specify any water hardness requirement for testing. In the August 2019 RFI, DOE requested information on how water hardness may impact consumer dishwasher energy and water performance, and on the burden associated with including a water hardness requirement in the DOE test procedure. 84 FR 43071, 43077. DOE also requested information on the hardness level of water used in current testing as compared to the water hardness level specified in ANSI/AHAM DW-1-2010, and the degree to which the water hardness level impacts whether the test procedure is reasonably designed to measure energy or water use during a representative use cycle or period of use. Id. AHAM, GEA, Joint Commenters, CAIOUs, and CEC expressed concern over the potential variability caused by the lack of a water hardness condition and recommended that DOE implement a water hardness requirement between 0 and 85 parts per million (“ppm”) of calcium carbonate (“CaCO 3 ”), consistent with ANSI/AHAM DW-1-2010. (AHAM, No. 5 at p. 7; GEA, No. 10 at p. 2; Joint Commenters, No. 8 at p. 1; CAIOUs, No. 7 at p. 2; CEC, No. 6 at p. 2) AHAM further stated that the water hardness specifications in AHAM DW-1-2019, which are the same as the water hardness specifications in ANSI/AHAM DW-1-2010, are consistent with laboratory practice. Further, AHAM expects that laboratories already have this capability and that including the requirement in DOE's test procedure would not increase test burden and would add clarity to the test. (AHAM, No. 5 at p. 7). These comments from interested parties suggest that varying levels of water hardness may impact measured energy and water usage during testing. To reduce potential variability across testing facilities and to support reproducibility of results, DOE proposes incorporating the water hardness requirements in Section 2.11 of AHAM DW-1-2020, which specifies a maximum water hardness of 85 ppm of CaCO 3 . This water hardness specification is the same as the water hardness specification in ANSI/AHAM DW-1-2010, AHAM DW-1-2019, and AHAM DW-2-2020, indicating on-going industry practice. Additionally, in the October 2012 final rule, AHAM and Whirlpool commented that the American Water Works Association found a water hardness range of 0 to 85 ppm to be the normal range occurring in municipal water supplies, and Whirlpool stated that the water hardness specification was intended to reduce lab-to-lab test variation. 77 FR 65942, 65967. Although DOE did not adopt a water hardness specification in the October 2012 final rule due to a lack of data, it acknowledged that it had proposed to include such a water hardness requirement in the ENERGY STAR test method for evaluating dishwasher cleaning performance that was under development at that time, and that DOE might consider the topic again in a future rulemaking if such data became available. Id. DOE finalized the ENERGY STAR “Test Method for Determining Residential Dishwasher Cleaning Performance” (“ENERGY STAR Cleaning Performance Test Method”) in 2014, which includes such a water hardness specification and which manufacturers have the option to use to report cleaning performance data. As such, certain manufacturers may already be testing their dishwashers according to these water hardness specifications. DOE notes that nine dishwasher brands are included in ENERGY STAR's Most Efficient database, 10 and that manufacturers of these models must report cleaning performance as measured by the ENERGY STAR Cleaning Performance Test Method. Furthermore, AHAM stated that it expects laboratories already have the capability to control water hardness to within these specifications. As such, DOE does not expect this proposal to be unduly burdensome or impact the rated energy and water use of dishwashers. 10 ENERGY STAR Most Efficient database available at www.energystar.gov/most-efficient/me-certified-dishwashers. Last accessed October 23, 2020. Additionally, as described further in Section III.G of this document, DOE is proposing to specify a minimum cleaning index threshold as a condition for a valid test cycle, which may also be impacted by water hardness. DOE requests comment on its proposal to require use of the water hardness requirements from Section 2.11 of AHAM DW-1-2020. 2. Relative Humidity Currently, appendix C1 does not specify an ambient relative humidity for testing. In the August 2019 RFI, DOE requested comment on whether ambient relative humidity affects energy or water consumption, and whether test facilities already maintain an ambient relative humidity of 20 to 50 percent, as specified in ANSI/AHAM DW-1-2010. Additionally, DOE requested information on what, if any, test burden would result from a relative humidity specification and the extent of any such burden. 84 FR 43071, 43077. AHAM supported amending appendix C1 to specify relative humidity test conditions, stating that relative humidity is a potential source of variation. AHAM recommended specifying relative humidity consistent with the requirements in AHAM DW-1-2019, which according to AHAM, would entail minimal test burden since testing facilities already have such capability. AHAM further commented that imposing a relative humidity requirement would add clarity to the test procedure and reduce variation among testing laboratories. (AHAM, No. 5 at p. 8) GEA also expressed support for establishing a relative humidity requirement consistent with AHAM DW-1-2019. (GEA, No. 10 at p. 2). DOE proposes amending appendix C1 to include the relative humidity requirement of AHAM DW-1-2020, which specifies in Section 2.5.1 that an ambient relative humidity condition of 35 percent ±15 percent must be maintained in the testing room throughout the soiling application and 2-hour air dry period. DOE also proposes to include this same requirement in the new appendix C2. The proposed ambient relative humidity level is the same requirement specified in ANSI/AHAM DW-1-2010, which DOE referred to in its August 2019 RFI, and AHAM DW-1-2019, which stakeholders referenced in their comments. DOE's testing experience suggests that ambient relative humidity could potentially impact the adherence of the applied soils to the test load during the 2-hour air-dry period specified in AHAM DW-2-2020 (which is the same as that specified in ANSI/AHAM DW-1-2010 and AHAM DW-1-2019). The adherence of the applied soil loads to the dishware could impact the amount of energy and water required to remove those soils for soil-sensing dishwashers, which constitute a significant percentage of dishwashers on the market. Further, adherence of the applied soil loads could impact cleaning performance, which in turn could impact the determination of the validity of each test cycle (see Section III.G of this document for more details). Establishing a relative humidity requirement would limit any such potential variation and increase repeatability and reproducibility of test results. As discussed, the proposed relative humidity requirement is the same as the requirement in AHAM dishwasher standards, indicating that this reflects current industry practice. Additionally, AHAM stated that it expects laboratories already have the capability to control relative humidity to within these specifications. As such, DOE does not expect this proposal to increase test burden as compared to current industry practice. In conjunction with this proposed relative humidity test condition, DOE also proposes to include the relative humidity measuring device requirement specified in Section 3.7 of AHAM DW-1-2020, which states that relative humidity measurement equipment must have a resolution of at least 1 percent relative humidity, and an accuracy of at least ±6 percent relative humidity over the temperature range of 75 degrees Fahrenheit (“°F”) ±5 °F. DOE has compared this proposed requirement to the relative humidity measuring device requirements currently specified in other DOE test procedures. The Uniform Test Method for Measuring the Energy Consumption of Clothes Dryers at 10 CFR part 430, subpart B, appendix D1 and appendix D2; appendix E (Water Heaters); appendix H (Television Sets); appendix M and appendix M1 (Central Air Conditioners and Heat Pumps); appendix O (Vented Home Heating Equipment); appendix U (Ceiling Fans); appendix X1 (Dehumidifiers); and appendix AA (Furnace Fans) all require the use of a measuring device with a specified error tolerance to measure relative humidity. These appendices specify tolerances for the relative humidity measuring device ranging from 0.7 percent to 5 percent relative humidity. Therefore, DOE's proposal specifying a maximum error of no greater than ±6 percent relative humidity to ensure accurate measurement of relative humidity while testing should not cause undue burden, since testing facilities that test other covered consumer products or equipment that require control of the ambient relative humidity already have the capability to meet the proposed requirement. DOE requests comment on its proposal to reference AHAM DW-1-2020 for the relative humidity and associated instrumentation requirements, which specifies a relative humidity test condition of 35 percent ±15 percent, and a resolution of at least 1 percent relative humidity and an accuracy of at least ±6 percent relative humidity over the temperature range of 75 °F ±5 °F for the relative humidity measuring device. To the extent that stakeholder have additional information, DOE requests data regarding the impact of relative humidity on dishwasher energy and water usage. 3. Ambient Temperature Section 2.5.1 of appendix C1 currently specifies an ambient temperature of 75 °F ±5 °F for active mode testing. In the August 2019 RFI, DOE requested comment regarding the impacts of narrowing the allowable ambient temperature range on dishwasher energy and water consumption, and whether this change would represent a burden for test facilities. 84 FR 43071, 43077. In response, AHAM requested that DOE maintain the same room ambient temperature range of 75 ±5 °F, but that the test procedure should specify that 75 °F is the nominal target temperature. AHAM stated that the DOE clothes washer test procedure at 10 CFR part 430, subpart B, appendix J2 uses the same approach of establishing both a tolerance range and a target temperature. (AHAM, No. 5 at p. 8) GEA and Whirlpool additionally recommended specifying a target temperature of 75 °F in accordance with AHAM's suggestion. (GEA, No. 10 at p. 2; Whirlpool, No. 4 at p. 3) Whirlpool further stated that the temperature range is potentially a large source of variation in the test, and suggested reducing the allowable temperature tolerance from a range of 10 °F, providing confidential data to support its position. (Whirlpool, No. 4 at p. 3) DOE notes that Section 2.5.1 of AHAM DW-1-2020 specifies an ambient temperature of 75 °F ±5 °F and further specifies a target temperature of 75 °F. DOE is proposing to reference these ambient temperature requirements in AHAM DW-1-2020 in appendix C1 and the new appendix C2. This proposed amendment would improve repeatability and reproducibility of results while minimizing additional test burden. As the proposed amendment is consistent with the industry standard, it reflects current industry practice. Additionally, as commented by AHAM, this amendment is consistent with the approach used to specify ambient temperature in the clothes washer test procedure at appendix J2. DOE requests input on its proposal to specify a target nominal ambient temperature of 75 °F for active mode testing, as referenced from AHAM DW-1-2020. 4. 208-Volt Power On April 10, 2017, DOE published a Decision and Order granting Miele, Inc. (“Miele”) a test procedure waiver (“Miele waiver”) for testing a specified basic model intended for a 208-volt power supply rather than the 115 volts or 240 volts specified in appendix C1. 82 FR 17227 (Case No. DW-12). 11 Miele is required to test the basic model specified in the Miele waiver using appendix C1, except that it must maintain the electrical supply to the dishwasher at 208 volts ±2 percent and within 1 percent of its nameplate frequency as specified by the manufacturer; and maintain a continuous electrical supply to the unit throughout testing, including the preconditioning cycles, specified in Section 2.9 of appendix C1, and in between all test cycles. 82 FR 17227, 17228-17229. 11 All materials regarding the Miele waiver are available in docket EERE-2016-BT-WAV-0039 at www.regulations.gov. In the August 2019 RFI, DOE requested feedback on whether the test procedure waiver provisions were generally appropriate for testing basic models with the same attributes as those subject to the Miele waiver. 84 FR 43071, 43078. In response, both GEA and AHAM supported incorporating the provisions of the Miele waiver into appendix C1. (AHAM, No. 5 at p. 9; GE, No. 10 at p. 2) Subsequently, AHAM published the AHAM DW-1-2020 standard, which includes provisions in Section 2.2.2 for testing dishwashers that operate with an electrical supply of 208 volts. As soon as practicable after the granting of any waiver, DOE is required to publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. Id. Since AHAM DW-1-2020 includes the language from the Miele waiver, DOE proposes to reference these requirements in appendix C1 and the new appendix C2 for dishwashers that operate at 208-volts. DOE requests comment on its proposal to reference in appendix C1 and the new appendix C2 the testing provisions from AHAM DW-1-2020 to address the Miele waiver for dishwashers that operate at 208-volts. 5. Built-In Water Reservoir DOE published a Decision and Order on December 9, 2020 (“December 2020 Decision and Order”), granting CNA International Inc. (“CNA”) a test procedure waiver (“CNA waiver”) for a basic model of a compact dishwasher that does not connect to a water supply line and instead has a built-in reservoir that must be manually filled with water. 85 FR 79171 (Case No. 2020-008). 12 This NOPR proposes amendments regarding the specific design characteristics addressed in the CNA waiver, generalized to be applicable to any future dishwasher models with this design characteristic, so as to eliminate any need for the continuation of this waiver. 12 All materials regarding the CNA waiver are available in docket EERE-2020-BT-WAV-0024 at www.regulations.gov. On September 4, 2020, DOE published a notice that announced its receipt of the petition for waiver and granted CNA an interim waiver. 85 FR 55268 (“CNA Notice of Petition for Waiver”). In its petition for waiver and petition for interim waiver, CNA requested that DOE waive sections of the dishwasher test procedure requiring water inflow and water pressure criteria pertaining to a water hookup that allows automatic water inflow into the machine during the test cycle. 85 FR 55268, 55270 Instead, CNA suggested an alternate test procedure in which the water tank is manually filled before the test is run and water consumption is stipulated. ( Id. ) In the CNA Notice of Petition for Waiver, DOE granted CNA an interim waiver that specified an alternate test procedure that would be appropriate for testing the subject basic model and solicited comments from interested parties on all aspects of the petition and the specified alternate test procedure. Id. at 85 FR 55270-55271. DOE received two comments in response to the Notice of Petition for Waiver, and an additional comment response on behalf of CNA. Based on review of these comments, DOE determined in the December 2020 Decision and Order that the alternate test procedure granted in the interim waiver, with additional clarifying modifications, will allow for the accurate measurement of the energy and water use of the product while alleviating the problems CNA identified regarding testing the specified basic model according to DOE's applicable dishwashers test procedure. 85 FR 79171, 79171. In particular, the alternate test procedure specified in the December 2020 Decision and Order included the following provisions: (1) The water pressure, water meter, and water pressure gauge specifications do not apply because the water is added manually to the reservoir; (2) Instructions to manually fill the built-in water reservoir to the full 5-liter reservoir capacity stated by the manufacturer; (3) The water temperature is in accordance with Section 2.3.3 of appendix C1 ( i.e., 50° ±2 °F) (3) Instructions regarding the required sequence of events as specified in the manufacturer instructions: Power on the dishwasher, then manually fill the built-in water reservoir, then begin the test cycle within 2 minutes after powering on the dishwasher; (4) For each preconditioning cycle, the built-in reservoir is manually filled before each cycle, and measurement of the prewash fill water volume (if any) and main wash fill water volume are not taken; instead, main wash fill water volume is specified as 0.396 gallons (1.5 liters); (6) Water consumption measurements are not performed; instead, water consumption is specified as 4.8 liters. 85 FR 79171, 79174. DOE proposes to incorporate each of these provisions into both appendix C1 and proposed new appendix C2, generalizing those provisions that were specific to the basic model subject to the CNA waiver to be applicable for a dishwasher of any capacity with a manually filled built-in water reservoir. Specifically: (1) Refer to the full reservoir capacity as reported by the manufacturer (rather than specifying the full capacity as 5 liters); (2) Require following any sequence of events specified in the manufacturer instructions (rather than specifying the particular sequence of events required for the basic model subject to the CNA waiver); (3) Use the prewash fill water volume (if any) and main wash water fill volume as reported by the manufacturer (rather than specifying a main wash fill water volume of 1.5 liters); (4) Water consumption for each test cycle is the value reported by the manufacturer (rather than specifying water consumption as 4.8 liters). DOE requests comment on its proposal to incorporate the requirements of the CNA waiver for any dishwasher with a built-in reservoir. In particular, DOE requests stakeholder feedback on using the detergent dosage requirement based on number of place settings rather than main wash water volume in the new appendix C2, for dishwashers with built-in reservoirs. 6. In-Sink Installation On October 15, 2020, FOTILE Kitchen Ware Co. Ltd. (“FOTILE”) filed a petition for waiver and interim waiver seeking a waiver from the installation requirements specified in appendix C1, which pertain to under-counter or under-sink dishwashers. 86 FR 26712, 26713. In granting FOTILE an interim waiver on February 8, 2021, DOE noted that FOTILE's alternate test procedure specified a test enclosure that differed from the installation instructions provided in the operation manual. 86 FR 8548, 8549. Specifically, the alternate test procedure retained a requirement that the enclosure be brought into the closest contact with the appliance that the configuration of the dishwasher allows. In the case of FOTILE's basic models, this would include close contact between the bottom of the enclosure and the underside of the in-sink dishwasher. In the FOTILE interim waiver notice, DOE noted that because the height of the product is 2 15/16 inches (541 millimeters (mm)), placing the bottom part of the enclosure as close as possible to the bottom of the compact in-sink dishwasher would conflict with the installation instructions in the operation manual, which specify a minimum enclosure height of 35 7/16 inches (900 mm). Id. This may potentially result in differing heat losses from the dishwasher that could impact energy consumption during the cycle. Id. In the interim waiver notice, DOE further noted that specifying the enclosure would be consistent with the manufacturer installation instructions and would provide results that are more representative of average use and requested comment on this topic. 86 FR 8548, 8551. DOE did not receive any comments in response to the FOTILE interim waiver. On May 17, 2021, DOE published a Decision and Order granting FOTILE the waiver (“FOTILE waiver”). 86 FR 26712, 26715-26716 (Case No. 2020-020). 13 Specifically, according to the published FOTILE waiver, FOTILE is required to test compact in-sink dishwashers using appendix C1 with modifications to install these dishwasher basic models from the top of a rectangular enclosure (as opposed to the front). 86 FR 26712, 26713. DOE also specified the use of the installation requirements that were proposed in the alternate test procedure in the FOTILE interim waiver, with modifications to the provisions pertaining to the enclosure in which the dishwasher is tested. 86 FR 26712, 26714-26715. 13 All materials regarding the FOTILE waiver are available in docket EERE-2020-BT-WAV-0035 at www.regulations.gov. On July 22, 2021, DOE published a notification of extension of waiver granting a waiver to additional in-sink FOTILE basic model dishwashers. 86 FR 38700 (Case No. 2021-005). DOE proposes to incorporate into appendix C1 and the new appendix C2 the alternate test procedures in the FOTILE waiver, such that the installation requirements would be applicable for any in-sink dishwasher. Specifically, DOE proposes that the requirements pertaining to the rectangular enclosure for under-counter or under-sink dishwashers that are specified in Section 2.1 of AHAM DW-1-2020 would not be applicable to in-sink dishwashers. For such dishwashers, DOE proposes that the rectangular enclosure must consist of a front, a back, two sides, and a bottom. The front, back, and sides of the enclosure must be brought into the closest contact with the appliance that the dishwasher configuration allows. DOE additionally proposes that the height of the enclosure must be as specified in the manufacturer's instructions for installation height. If no instructions are provided, DOE proposes that the enclosure height must be 36 inches, since this is the typical height of kitchen cabinetry with counters attached, which is where such a dishwasher would be installed. DOE also proposes that the dishwasher must be installed from the top and mounted to the edges of the enclosure. DOE requests comment on its proposal to incorporate into appendix C1 and the new appendix C2 the installation requirements for in-sink dishwashers from the FOTILE waiver. 7. Absence of Main Detergent Compartment In addition to seeking a waiver for the installation requirements for in-sink dishwashers, the basic models for which FOTILE sought a waiver do not have a main detergent compartment. 86 FR 26712, 26713. Specifically, according to the published FOTILE waiver, FOTILE is required to test compact in-sink dishwashers placing the detergent directly into the washing chamber. 86 FR 26712, 26715. In this NOPR, DOE proposes to incorporate the provisions for detergent placement specified in the FOTILE waiver into both appendix C1 and proposed new appendix C2, generalizing this provision such that it would be applicable to any dishwasher that does not have a detergent compartment. DOE requests comment on its proposal that the detergent must be placed directly into the dishwasher chamber for any dishwasher that does not have a prewash or main wash detergent compartment. E. Test Cycle Amendments 1. Cycle Selections In the August 2019 RFI, DOE requested feedback on certain aspects regarding dishwasher testing cycle selection. DOE requested information on consumers' selection frequency of normal cycles and other cycle types, in addition to the data gathered in the U.S. Energy Information Agency's (“EIA”) 2015 Residential Energy Consumption Survey (“RECS”). DOE also sought information on whether cycle selection varies based on a specific product's energy and water consumption; if additional cycle options are available with the normal cycle, including any temperature or drying options other than those recommended by the manufacturer, the means for consumers to select additional cycle options; and the frequency with which consumers select the options. 84 FR 43071, 43074. AHAM commented that consumers still most frequently select the normal cycle, and when consumers decide on a cycle selection, they typically use it for most of their cycles. Therefore, AHAM opposed any changes to the currently tested normal cycle. (AHAM, No. 5 at p. 3) AHAM asserted that EPCA does not require every possible cycle, combination of options, or use pattern to be tested, as such testing would be unduly burdensome to conduct and not representative of an average use cycle or period of use. AHAM commented that all potential use conditions need not be tested for representative results. According to AHAM, to establish or amend representative average use cycles, DOE must demonstrate national, statistically average consumer behavior that would warrant changing the current test procedure, based on consumer usage data. AHAM concludes there is no basis for extrapolating regional consumer data. (AHAM, No. 5 at p. 2) AHAM opposed adding more cycle options to the test because it asserts that there are not sufficient data, and the test could be unduly burdensome to conduct. (AHAM, No. 5 at p. 3). Conversely, CEC commented that although it does not have information indicating frequent selection of other cycle types in addition to the normal cycle, if DOE has information indicating frequent consumer selection of other cycle types, then DOE is obligated to include measurement of the energy consumption of those other cycle types in the test procedure. (CEC, No. 6 at pp. 1-2). Both GEA and Whirlpool supported AHAM's comment that the normal cycle should remain the tested cycle. (GEA, No. 10 at p. 2; Whirlpool, No. 4 at p. 2) Both manufacturers submitted confidential data that supported the position that the manufacturer-designated normal cycle still represents consumer preference regarding cycle selection. (GEA, No. 10 at p. 3; Whirlpool, No. 4 at p. 2). Samsung supported DOE's initiatives to study consumer data on which cycle is most representative of consumer use. (Samsung, No. 9 at p. 2). The CAIOUs referenced PG&E's 2016 Home Energy Use Survey to support their claim that the tested normal cycle including any power-dry feature, in the current test procedure, is still the cycle most representative of how consumers operate dishwashers. The CAIOUs further stated that consumers would be less likely to switch from using the normal cycle if DOE were to incorporate cleaning performance in the test procedure, and recommended DOE investigate incorporating a cleaning performance test. (CAIOUs, No. 7 at pp. 1-2). Absent data that reflects national use and frequency of use of other cycle types, DOE is not proposing changes to cycle selections for testing at this time. However, as discussed in more detail in Section III.G of this document, DOE is proposing a minimum cleaning index threshold for a test cycle to be considered valid. Under the proposal, if the normal cycle does not meet a specified threshold at any soil-load, DOE proposes that the most energy-intensive cycle be tested and used for certification purposes at that soil load. DOE believes this alternative approach would better represent an average use cycle by capturing those consumers that may select other cycles for washing dishes if the cleaning performance of the normal cycle does not meet their expectations, because higher energy use provides increased thermal and mechanical action for removing soils, thus correlating generally with improved cleaning performance. In response to the August 2019 RFI, Samsung also commented that DOE should specify that the manufacturer-recommended cycle for normal, regular, or typical use with the lowest energy efficiency should be selected as the test cycle if multiple cycle settings meet the definition of “normal cycle.” (Samsung, No. 9 at p. 2). Regarding Samsung's suggestion, DOE notes that the current test procedure at appendix C1 already defines a “normal cycle” in Section 1.12 as the manufacturer-recommended cycle for daily, regular, or typical use. Section 1.12 additionally specifies that if more than one cycle meets the definition of a normal cycle, the most energy-intensive cycle ( i.e., the cycle with the lowest energy efficiency) is considered the normal cycle. Section 1.12 of appendix C1. Therefore, the current test procedure already addresses Samsung's suggestion. Based on the information and comments received, DOE is not proposing any changes to the dishwasher test cycle selections, except with regard to validating the test cycle pursuant to the minimum cleaning index threshold that DOE proposes to include in appendix C1 and the new appendix C2. (See Section III.G of this document.) DOE is also not proposing to add any additional cycle options to the tested normal cycle. 2. Drying Energy Measurement Section 5.3 of appendix C1 specifies a methodology for determining the “drying energy” consumption of a dishwasher. Dishwashers typically incorporate technologies to assist with drying the dishes after completion of the rinse portion of the cycle. Some dishwashers use an exposed resistance heater to heat the air inside the washing chamber after the final rinse to evaporate the water from the dishware. Other dishwasher models, however, do not use a resistance heater to heat the air, but instead achieve drying by raising the temperature of the final rinse water. The heated rinse water evaporates more quickly from the dishes after completion of the rinse portion of the cycle. Section 1.14 of appendix C1 defines “power-dry feature” as the introduction of electrically-generated heat into the washing chamber for the purpose of improving the drying performance of the dishwasher. Further, the definition of “normal cycle” in Section 1.12 of appendix C1 specifically includes the power-dry feature as part of the normal cycle. Section 5.3 of appendix C1 specifies a methodology for calculating the energy consumed by the power-dry feature after the termination of the last rinse option ( emphasis added ). Half of this drying energy is subtracted from the total dishwasher energy calculations of EAOC and EAEU at 10 CFR 430.23(c)(1) and (2), respectively. 14 14 This reflects consumer use of the power-dry feature for 50 percent ( i.e., half) of dishwasher cycles. Because the application of Section 5.3 is limited to drying energy consumed only after the termination of the last rinse option, it would not be applicable to the drying energy use of a dishwasher that employs heated rinse technology, since such energy is consumed as part of the final rinse rather than after the final rinse. Rather, the energy use associated with the heated rinse would be captured as part of the normal cycle machine energy consumption. As a result, the energy use associated with heated rinse drying technology would be factored into EAOC and EAEU in its entirety, rather than only by half, as described for units with conventional power-dry technology that occurs after the final rinse. DOE requested information and data on the extent to which manufacturers increase the temperature of the final rinse water to improve drying performance. 84 FR 43071, 43074. DOE further requested information on the extent to which manufacturers implement such a drying strategy as part of the normal cycle, and whether and to what extent such units provide an option to eliminate this drying function. Id. DOE also requested data and information on the energy use associated with increasing the temperature of the final rinse water as a means to improve drying performance, including any available options. Id. AHAM opposed the addition of cycle options, including a power-dry option, to appendix C1. They claimed a lack of available data to suggest that consumers were selecting a power-dry feature at a frequency that would be considered representative of “average” consumer use. Therefore, requiring the selection of a power-dry option while testing would add unnecessary test burden. (AHAM, No. 5 at p. 3) GEA supported AHAM's comments opposing the addition of cycle options stating that there is no justification for adding cycle options the test procedure, including the power dry feature. (GEA, No. 10 at p. 2) In response to the comments from AHAM and GEA regarding the testing of a power-dry option, DOE notes that appendix C1 already requires testing of a power-dry cycle option, if available. Appendix C1 requires testing of dishwashers on the normal cycle, which is defined as the “cycle type, including washing and drying temperature options, recommended in the manufacturer's instructions for daily, regular, or typical use to completely wash a full load of normally soiled dishes including the power-dry feature” ( emphasis added ). Section 1.12 of appendix C1. That is, the power-dry option is already selected during testing, if available. At this time, DOE does not propose any changes to the measurement of drying energy to accommodate units that use heated rinse to achieve drying. The current measurement of drying energy consumption is dependent upon a clearly identifiable boundary between the conclusion of the final rinse and the activation of electrically-generated heat into the washing chamber. For units that use heated rinse to achieve drying, DOE initially determines that it would be burdensome to isolate the energy specifically attributable to raising the temperature of the final rinse, since such energy use would be embedded within the total energy use measured during that portion of the cycle; i.e., it would not be possible to determine the “drying energy” without, for example, sub-metering the electrical energy use of the internal water heater. For these reasons, DOE is not proposing any changes to the existing requirements for measuring drying energy. 3. Annual Number of Cycles Section 5.7 of appendix C1 calculates combined low-power mode energy consumption, which factors into the EAEU calculation, using 215 annual cycles. DOE established the 215-cycle value in the August 2003 final rule, relying on data from several sources on consumer dishwasher usage behavior, including the 1997 version of RECS, several consumer dishwasher manufacturers, detergent manufacturers, energy and consumer interest groups, independent researchers, and government agencies. 68 FR 51887, 51889-51890. In the August 2019 RFI, DOE referenced an energy conservation standards NOPR published December 12, 2014 (79 FR 76142, “December 2014 NOPR”) and chapter 7 of its accompanying technical support document (“TSD”), which provided justification for using 215 cycles as the annual cycle estimate for EAEU calculations. 15 84 FR 43071, 43075. In the December 2014 NOPR, DOE considered survey data from the 2009 version of RECS—which suggested 171 average annual cycles—but determined that because RECS 2009 used a binning approach 16 rather than providing point estimates of usage, and because of the large data set of consumers' residential dishwasher usage habits used to develop the 215-cycle value, it would retain use of that value. 79 FR 76142, 76156. DOE also noted that 215 cycles per year is the number of cycles on which the EnergyGuide label administered by the Federal Trade Commission (“FTC”) is based. Id. 15 December 2016 Final Determination technical support document available at www.regulations.gov/document?D=EERE-2014-BT-STD-0021-0029. 16 Specifically, RECS 2009 provides data on the number of residential dishwasher cycles in the following bins: (1) Less than once per week, (2) once per week, (3) 2-3 times per week, (4) 4-6 times per week, (5) at least once per day. In the August 2019 RFI, DOE requested any additional information on annual consumer use of dishwashers, including on the appropriateness of the analysis that incorporates the 2009 RECS data and whether it results in a representative annual usage estimate. 84 FR 43071, 43075. DOE also sought feedback on the suitability of data from the 2015 RECS, the survey for which directly asked for the typical number of dishwasher cycles per week rather than providing binned response options such as those included in the 2009 RECS. Id. In response, AHAM and GEA recommended that DOE consider the latest (2015) RECS data in its analysis for the annual number of cycles used in the EAEU calculations. (AHAM, No. 5 at p. 4; GEA, No. 10 at p. 3) GEA stated that, based on the consumer data it collected, 50 percent of the time consumers run fewer than 148 cycles per year, and 66 percent of the time consumers run fewer than 188 cycles per year. (GEA, No. 10 at p. 3) AHAM stated that data collected from its members show a downward trend in the number of cycles per year, with a weighted average of 174 cycles per year. (AHAM, No. 5 at p. 4) Both GEA and AHAM recommended updating the annual number of cycles of dishwasher usage to 174 cycles per year, based on the 2015 RECS data and the data they presented, which was consistent with the trends of reduced dishwasher usage found in 2015 RECS data. (AHAM, No. 5 at p. 4; GEA, No. 10 at p. 3). In this NOPR, DOE proposes to update the current annual cycles estimate to reflect more recent trends in dishwasher usage. DOE's analysis of 2015 RECS data indicates annual use of 185 cycles. 17 While AHAM and GEA recommended 174 cycles per year, they also urged DOE to consider the 2015 RECS data in determining the number of annual cycles. Additionally, subsequent to submitting its initial comments to DOE in response to the August 2019 RFI, AHAM released AHAM DW-1-2020, which specifies a value of 184 cycles per year in AHAM DW-1-2020 based on industry consensus. DOE thus proposes to amend the current annual number of cycles estimate from 215 to 184 cycles, through reference to AHAM DW-1-2020. The proposed value closely aligns with DOE's analysis of 2015 RECS data. DOE has initially determined that the 2015 RECS is a suitable source for updating the annual number of cycles estimate because (1) it is the most recent RECS edition available, (2) RECs is nationally representative for all U.S. households, and (3) it provides direct survey data on the typical number of dishwasher cycles run by consumers each week, rather than providing binned response options. Compared to the existing estimate of 215 annual cycles, the proposed estimate of 184 annual cycles is consistent with comments from AHAM and GEA as to the downward trend in dishwasher usage. 17 In the 2015 RECS, EIA collected the number of times per week that households used their dishwasher as point values rather than ranges as EIA had done in previous surveys. For households using their dishwashers, multiplying weekly usage by number of weeks in the year results in annual usage rates. A weighted average of annual usage employs the household weight and produces a nationally weighted annual usage value. The proposal to update the annual cycle value for calculating EAEU, if finalized, would change the certified and reported EAEU values. DOE also notes that the existing energy conservation standards are based on the EAEU as determined under the current test procedure. As such, if this proposal were adopted, use of the 184 cycles-per-year value would be in conjunction with any future amended energy conservation standards for dishwashers that accounts for the updated annual cycle value. Accordingly, DOE proposes to specify this requirement in the new appendix C2. Manufacturers would be required to use the results of testing under the new appendix C2 to determine compliance with any future amended energy conservation standards. DOE requests input on its proposal to update the estimated number of annual cycles from 215 to 184 cycles per year for future calculations of EAEU. DOE also requests comment on its approach to propose a new appendix C2 with the updated annual number of cycles, the use of which would be required for compliance with any amended energy conservation standards. F. Energy and Water Consumption Test Methods 1. Test Load Items The current test load and test load items are specified in Sections 2.6 and 2.7 of appendix C1. Non-soil-sensing dishwashers are tested with six serving pieces plus eight place settings, or six serving pieces plus the number of place settings equal to the capacity of the dishwasher if the latter is less than eight place settings. Soil-sensing compact and soil-sensing standard dishwashers are tested with four place settings and eight place settings, respectively, along with six serving pieces each. In the August 2019 RFI, DOE requested information on the following topics regarding the current test load requirements: The typical number of place settings washed by consumers in each cycle; how the typical number of place settings relate to a dishwasher's overall capacity; whether the number of place settings affects energy and water consumption; whether introducing plastic items could have an impact on energy or water use; and typical composition of place setting items, serving pieces, and flatware that are washed in consumer dishwashers, including the types of items ( e.g., cups, bowls, and plates) and their characteristics ( e.g., size and material). 84 FR 43071, 43074-43075. AHAM recommended the continuation of using eight place settings as the test load for testing standard dishwashers, stating that the eight place settings are representative of the thermal mass consumers place in the dishwasher. AHAM further stated that if DOE were to change the number of place settings, the standard would likely need to be adjusted as well. (AHAM, No. 5 at p. 4) GEA supported AHAM's comment and stated that there had not been any nationally relevant, statistically significant data justifying a change to the test load items, and therefore, GEA opposed changing the test load items. (GEA, No. 10 at p. 2) Whirlpool commented that its confidential data supported AHAM's position that eight place settings was representative. Furthermore, Whirlpool stated that changing the test load would unnecessarily add burden and/or increase variation in test results. (Whirlpool, No. 4 at pp. 1-2). With regard to adding plastic test load items, AHAM commented that introducing these would not change water and energy use because these items do not add to the dishwasher's thermal mass. Furthermore, AHAM asserted that adding plastic into the energy test would likely increase variation and test burden with no added benefit. (AHAM, No. 5 at p. 4). The comments summarized above generally support the continued use of eight place settings as representative of consumer use. DOE also notes that no data has been presented that would justify changing the test load items at this time. Although no data was presented regarding the use of plastic items, DOE recognizes that the minimal thermal mass of plastic test load items would likely result in little, if any, change to the energy and water consumption. While not discussed in the August 2019 RFI or in comments submitted by stakeholders in response to the August 2019 RFI, DOE observes that some of the test load items specified in appendix C1 differ from the items specified in Section 3.4 of AHAM DW-2-2020, which is also referenced by Section 2.7.1 of AHAM DW-1-2020. The test load items as stated in appendix C1 and AHAM DW-2-2020 are shown in Table III-1 in this document below. Table III-1—Test Load Items in Appendix C1 and AHAM DW-2-2020 Item Appendix C1 Company/ designation Description Alternate AHAM DW-2-2020 Company designation Size Dinner Plate Corning Comcor®/Corelle® #6003893 10 inch Dinner Plate Corelle® 5256294 10 inch (25.4cm). Bread and Butter Plate Corning Comcor®/Corelle® #6003887 6.75 inch Bread & Butter Arzberg #8500217100 or 2000-00001-0217-1 Corelle® 5256286 6.7 inch (17.0cm). Fruit Bowl Corning Comcor®/Corelle® #6003899 10 oz. Dessert Bowl Arzberg #3820513100 Corelle® 5256297 10 oz. (296mL). Cup Corning Comcor®/Corelle® #6014162 8 oz. Ceramic Cup Arzberg #1382-00001-4732 Arzberg #1382-00001-4732 7 oz. (207mL). Saucer Corning Comcor®/Corelle® #6010972 6 inch Saucer Arzberg #1382-00001-4731 Arzberg #1382-00001-4731 5.5 inch (14.0cm). Serving Bowl Corning Comcor®/Corelle® #6003911 1 qt. Serving Bowl Corelle® #5256304 1 qt. (950mL). Platter Corning Comcor®/Corelle® #6011655 9.5 inch Oval Platter Corelle® #6011655 OR ALTERNATE Oval—9.5 inch by 7.5 inch (24.1cm by 19.1cm). Corelle® #5256290 Round—8.5 in (21.6cm). Glass—Iced Tea Libbey #551HT Libbey #551HT 12.5 oz. Flatware—Knife Oneida® — Accent 2619KPVF WMF —Gastro 0800 12.0803.6047 WMF 12.0803.6047 Flatware—Dinner Fork Oneida® — Accent 2619FRSF WMF — Signum 1900 12.1905.6040 WMF 12.1905.6040 Flatware—Salad Fork Oneida® — Accent 2619FSLF WMF — Signum 1900 12.1964.6040 WMF 12.1964.6040 Flatware—Teaspoon Oneida® — Accent 2619STSF WMF — Signum 1900 12.1910.6040 WMF 12.1910.6040 Flatware—Serving Fork Oneida® — Flight 2865FCM WMF — Signum 1900 12.1902.6040 WMF 12.1902.6040 Flatware—Serving Spoon Oneida® — Accent 2619STBF WMF — Signum 1900 12.1904.6040 WMF 12.1904.6040 For the cup, saucer, and flatware items, the alternate options listed in appendix C1 are the primary options specified in AHAM DW-2-2020. The iced tea glass is the only item that is the same for both test procedures. The remaining items feature Corelle® as the manufacturer for both appendix C1 and AHAM DW-2-2020, but these items have new model numbers in AHAM DW-2-2020. DOE understands that the Corelle® model numbers listed in appendix C1 are no longer in production, and the model numbers listed in AHAM DW-2-2020 are the newer editions for these out of production items. Additionally, AHAM DW-2-2020 contains an alternative selection only for the serving platter. For the other test load items, AHAM DW-2-2020 provides instructions to contact AHAM for assistance to identify suitable alternatives. As illustrated in Table III-1, AHAM DW-2-2020, which is referenced in AHAM DW-1-2020, includes newer model numbers of the test load items as compared to appendix C1. Therefore, DOE proposes to reference AHAM DW-1-2020, which specifies that the test load must be as stated in Section 3.4 of AHAM DW-2-2020 in Section 2.7.1 of the standard. Specifically, DOE would apply the provisions of Section 3.4 of AHAM DW-2-2020 to appendices C1 and C2, excluding the Note accompanying Section 3.4 regarding AHAM assistance with determining alternatives. However, DOE is also proposing to continue including the test load items currently specified in appendix C1 as alternate options, so that test laboratories can continue using the existing test load if they already have these items. This proposal would be applicable to both appendix C1 and the new appendix C2. Pursuant to EPCA requirements, this approach would not impose an undue burden, but rather minimize test burden as it would not require manufacturers and/or test laboratories to procure new items if they already have the existing test load items. DOE requests comment on specifying that the test load items be as specified in AHAM DW-1-2020 (which references Section 3.4 of AHAM DW-2-2020), while additionally retaining, as an alternative, the current test load specifications in appendix C1 and the new appendix C2. 2. Soils In the August 2019 RFI, DOE requested information on whether consumer soil loads have changed since DOE established the soil loads in the August 2003 final rule. 84 FR 43071, 43075. In particular, DOE requested any data regarding soiling conditions and the frequency of pre-rinsing by consumers. Id. DOE also sought information on whether the types of soil required in appendix C1 resulted in a test method that measured energy and water use during a representative use cycle or period of use. Id. In addition to the representative quantity of soil and types of soil present for consumer use, DOE also requested information on the typical mix of soils consumers load into their dishwashers, on the appropriateness of the current composition of soil loads in appendix C1, and on whether the appendix C1 soil loads should be updated to incorporate different types of soils, including any additional fats or greases. 84 FR 43071, 43075-43076. Samsung commented that DOE's current soiling level reflects pre-rinsing performed by the consumer. Samsung added, however, that the report on which the soil levels in the current test procedure are based is 20 years old, and there has been consumer advocacy by dishwasher manufacturers, consumer advocates, and detergent manufacturers to educate consumers against pre-rinsing. Samsung suggested that DOE revise the test procedure to incorporate a larger soil load representing the soiling condition without pre-rinsing, and that the AHAM DW-1-2009 18 soiling levels could be consistent with such soiling levels. (Samsung, No. 9 at pp. 2-3). 18 The AHAM DW-1-2009 standard is the same standard as ANSI/AHAM DW-1-2010 before it received the ANSI accreditation. AHAM stated that no data suggest that consumers no longer pre-rinse their dishes. AHAM further stated that there is no need to change the soil types because the purpose of the soil composition is to activate the turbidity sensors only (for soil-sensing dishwashers), rather than to replicate the wide array of potential soils consumers might load into their dishwashers. According to AHAM, the current soil composition already achieves that goal of activating the turbidity sensors while being representative of average consumer use both in terms of composition and quantity. AHAM opposed changing the distribution of soil loads and the soil composition for these reasons. (AHAM, No. 5 at pp. 5-6) GEA supported AHAM's comments, stating that there is no data available to justify a change to the test load soiling. (GEA, No. 10 at p. 2) Samsung also recommended that DOE consider a field use factor for dishwashers with soil sensors. Samsung stated that dishwashers with soil sensors can adapt to a variety of soiling and loading conditions of consumer dishwasher usage, and thereby optimize energy and water use. Samsung suggested DOE consider developing a field use factor to credit soil-sensing dishwashers for such optimizations. Samsung stated that the clothes dryers test procedure at 10 CFR part 430, subpart B, appendix D1 uses a field use factor to recognize the energy benefits of dryers with automatic termination controls and requested DOE consider a similar factor for soil-sensing dishwashers. (Samsung No. 9 at p. 3) The soil load specified in appendix C1 has been developed by DOE to produce a measure of energy and water use of soil-sensing dishwashers in a representative usage cycle. At this time, DOE does not have data on the operation of a soil-sensing function that would suggest that a field use factor to adjust testing results would be appropriate. Therefore, DOE is not proposing in this NOPR a field use factor for appendix C1 or the new appendix C2. DOE did not receive any data regarding pre-rinsing by consumers. Although Samsung stated that there has been consumer advocacy to reduce pre-rinsing in recent years, no data have been presented to indicate whether or to what degree consumers have changed pre-rinsing habits. Absent such data, DOE is not proposing any changes to the soil loads. DOE continues to request feedback and data regarding soiling level and whether there have been changes to consumers' pre-rinsing behavior. DOE also seeks information regarding the impact of different soil levels on energy and water use in dishwashers currently on the market. Section 2.7.4 of appendix C1 states that the soils shall be as specified in Section 5.4 of ANSI/AHAM DW-1-2010, except for the following substitutions: • Margarine. The margarine shall be Fleischmann's Original stick margarine. • Coffee. The coffee shall be Folgers Classic Decaf. Additionally, Section 2.7.5 of appendix C1 states that soils shall be prepared according to Section 5.5 of ANSI/AHAM DW-1-2010, with the following additional specifications: • Milk. The nonfat dry milk shall be reconstituted before mixing with the oatmeal and potatoes. It shall be reconstituted with water by mixing 2x-3 cup of nonfat dry milk with 2 cups of water until well mixed. The reconstituted milk may be stored for use over the course of 1 day. • Instant mashed potatoes. The potato mixture shall be applied within 30 minutes of preparation. • Ground beef. The 1-pound packages of ground beef shall be stored frozen for no more than 6 months. DOE notes that Table 3 in Section 5.4 of AHAM DW-2-2020 specifies Fleischmann's TM Original Stick margarine and Folgers TM Classic Decaf coffee, consistent with DOE's substitutions in Section 2.7.4 of appendix C1. These AHAM DW-2-2020 soiling specifications are also referenced in Section 2.7.4 of AHAM DW-1-2020. Therefore, DOE proposes to remove the substitution for margarine and coffee from regulatory text in appendix C1 and apply the soiling requirements in Section 2.7.4 of AHAM DW-1-2020 instead. Additionally, Section 2.7.5 of AHAM DW-1-2020 includes the additional soil preparation requirements for milk, instant mashed potatoes, and ground beef, which are currently specified in appendix C1. Therefore, DOE proposes to remove the additional soil preparation specifications from Section 2.7.5 in appendix C1 and apply the requirements in Section 2.7.5 of AHAM DW-1-2020 instead. DOE requests comment on its proposal to remove the soil substitution and soil preparation requirements from Sections 2.7.4 and 2.7.5 of appendix C1 and apply these same requirements from AHAM DW-1-2020 instead. DOE particularly requests data and information on how the proposed soil composition would affect energy and water use in current dishwashers. 3. Loading Pattern Section 2.6 of appendix C1 references Section 5.8 of ANSI/AHAM DW-1-2010 for loading the dishwasher prior to running active mode tests, which requires loading in accordance with the manufacturer's recommendation. In the August 2019 RFI, DOE requested feedback on whether any additional instructions are needed beyond referencing a manufacturer's loading recommendation. 84 FR 43071, 43076. DOE also requested information on how consumers typically load dishwashers. Id. DOE stated that although manufacturer instructions may optimize loading patterns to maximize loading capacity and dishwasher performance, consumers may use other loading positions and alignment, leading to variability in dishwasher performance. Id. AHAM stated that the lack of loading specificity in appendix C1 is a source of test procedure uncertainty. AHAM stated that the positioning of soiled items relative to unsoiled items may impact the rate at which soils are removed from the test load items, which may impact soil sensor responses. AHAM recommended that the test procedure establish the same loading instructions as Section 5.1(D) of the ENERGY STAR Cleaning Performance Test Method. AHAM added that the purpose of a specific loading pattern is to reduce variation in testing results, not necessarily to emulate consumer use. AHAM commented that consumer loading patterns are likely difficult to replicate in the test procedure. (AHAM, No. 5 at p. 6) GEA also supported changing the loading pattern to conform with Section 5.1(D) of the ENERGY STAR Cleaning Performance Test Method. (GEA, No. 10 at p. 2) The Joint Commenters stated that they support additional specificity to the test procedure regarding the loading pattern to improve reproducibility of test results among test laboratories. (Joint Commenters, No. 8 at p. 1). As stated in the August 2019 RFI, DOE recognizes that the positioning of soiled test load items in relation to unsoiled ones could impact the rate at which soils are removed from the test load items, and therefore also impact soil sensor responses. 84 FR 43071, 43076. This could lead to variation in energy and water consumption. Specifying a loading pattern requirement would improve the repeatability of the testing procedure and reproducibility of results across both individual tests and testing facilities. Since submitting its comments, AHAM has included the loading pattern requirements specified in the ENERGY STAR Cleaning Performance Test Method in Section 2.6.3.4 of AHAM DW-1-2020. These requirements are applicable to soil-sensing dishwashers that are tested with both, clean and soiled place settings. DOE proposes to apply these AHAM DW-1-2020 loading requirements to appendix C1 and the new appendix C2 to reduce potential variation in the test procedure. Additionally, these loading requirements would apply to both soil-sensing and non-soil-sensing dishwashers as non-soil-sensing dishwashers would be required to use soil loads for testing under DOE's cleaning index threshold proposal discussed in Section III.G of this document. DOE requests input on its proposal to use the loading requirements specified in Section 2.6.3.4 of AHAM DW-1-2020. 4. Preconditioning Cycles Section 2.9 of appendix C1 requires manufacturers to precondition the dishwasher by running the normal cycle twice with no load after the testing conditions are established. The prewash fill water volume, if any, and the main wash fill water volume are measured during the second preconditioning cycle to calculate the detergent amounts to be used during the energy and water consumption tests. The prescribed procedure ensures an accurate calculation of detergent dosing, priming of the water lines and sump area of the pump, successful sensor calibration, and machine cleaning without adding significant test burdens. In the August 2019 RFI, DOE requested comment on whether two preconditioning cycles were adequate or more than is necessary to calibrate the soil sensors. DOE also requested comment on whether using the water volumes from the second preconditioning cycle continued to be appropriate for determining the detergent amounts if the sensors were still being calibrated during the second preconditioning cycle. 84 FR 43071, 43076. AHAM commented that although sometimes unnecessary, two preconditioning cycles ensure that the dishwasher under test is properly calibrated, and manufacturers prefer to keep the existing two cycles for certainty in test results as well. (AHAM, No. 5 at p. 6) GEA supported AHAM's comment by reaffirming that two preconditioning cycles increased reliability and reproducibility in test results. (GEA, No. 10 at p. 2). No commenter suggested the use of fewer or additional preconditioning cycles. Based on the above discussion, DOE is not proposing to modify the requirement for two preconditioning cycles currently in appendix C1, and is proposing to apply this requirement to the new appendix C2. 5. Detergent Section 2.10 of appendix C1 specifies using Cascade with the Grease Fighting Power of Dawn powder as the detergent formulation. This section also provides the method to calculate the detergent quantities to be added to the pre-wash (if available) and main-wash compartments, which is based on the pre-wash (if available) and main wash water volumes, respectively. In the August 2019 RFI, DOE requested information on whether the current powder detergent specified in appendix C1 results in a test procedure reasonably designed to measure energy and water use during a representative use cycle or period of use and requested comment on the use of a reference detergent. 84 FR 43071, 43076. DOE also requested comment on the method for calculating detergent dosing, including: Whether to continue calculating the detergent dosing based on the measured water fill volumes in the second preconditioning cycle, or whether to specify a fixed amount of detergent; methods to differentiate between the different portions of a wash cycle and ways to appropriately calculate the corresponding detergent dosing; and reliance on manufacturer dosage recommendations. Id. AHAM suggested that detergent dosing be evaluated, but advised DOE to maintain the existing powder detergent formulation, stating that this formulation was still representative of powder formulations on the market. AHAM also supported maintaining the current detergent dosage provisions. AHAM further stated that detergent impacts performance testing more than it impacts energy testing; thus, it did not need to be changed for energy testing. AHAM also commented that it would discuss updates to detergent usage as part of its AHAM DW-1 process, but that more work is needed to understand the appropriate detergent and amounts to use, and how often formulations change. (AHAM, No. 5 at p. 7) GEA supported AHAM's comment and stated that there is insufficient data on the impact of detergents to the current test procedure or to other test procedures that may be run at the same time 19 to make any change to detergents at this time. (GEA, No. 10 at pp. 1, 2) Whirlpool also agreed with AHAM and commented that the current powder detergent referenced in appendix C1 is representative of powder detergents on the market. Whirlpool further commented that, although single dose detergents are the most commonly used detergent type, given the recent rising popularity of single dose detergents, their formulations are not stable because detergent manufacturers make frequent changes and improvements. Whirlpool also suggested that further evaluation was needed to assess the impact of single dose detergents on energy use. (Whirlpool, No. 4 at p. 3) Since publication of the August 2019 RFI and the subsequent end of the comment period, AHAM informed DOE, during the task group's meetings to establish AHAM DW-1-2020, that the powder detergent currently specified in appendix C1—Cascade with the Grease Fighting Power of Dawn—is no longer commercially available. Instead, a new powder detergent, Cascade Complete Powder, which has a slightly different formulation 20 from Cascade with the Grease Fighting Power of Dawn, is now available on the market. AHAM has updated AHAM DW-2-2020 to reference this new detergent for testing purposes. AHAM DW-1-2020 references AHAM DW-2-2020, both for detergent formulation as well as dosage. 19 GEA did not specify which other test procedures it was referring to that may be run at the same time as the DOE test procedure. 20 Stakeholders mentioned during the AHAM task group calls that they were informed by the detergent manufacturer that the only difference between Cascade with the Grease Fighting Power of Dawn and Cascade Complete Powder is related to the enzymes used in the detergent. DOE was not able to verify this information independently because the ingredient list for Cascade with the Grease Fighting Power of Dawn is not available on product packaging (or online). In addition to a change in the detergent to be used for testing, both AHAM DW-1-2020 and AHAM DW-2-2020 also specify new dosage requirements in comparison to the current requirements of appendix C1. 21 Section 4.1 of AHAM DW-2-2020 specifies the detergent dosage as 1.8 grams per place setting in the main compartment of the detergent dispenser and 1.8 grams per place setting in the prewash compartment of the detergent dispenser or other location. Section 2.10.1 of AHAM DW-1-2020 further specifies to use half the quantity of detergent that is specified in Section 4.1 of AHAM DW-2-2020 for both prewash and main-wash detergent for the energy and water consumption tests. Prewash detergent is specified only for those units if it is recommended by the manufacturer's instructions for conditions that are consistent with the test procedure. This includes, but is not limited to, manufacturer instructions that recommend the use of prewash detergent for the normal cycle, normally soiled loads, or for water hardness between 0 and 85 ppm. Additionally, if manufacturer instructions lead to the use of the prewash detergent requirements, the prewash detergent is placed as instructed by the manufacturer or, if no instructions are provided, the prewash detergent is placed on the inner door near the detergent cup. 21 As discussed, the detergent dosage for appendix C1 is based on measurements of the prewash fill water volume, if any, and the main wash fill water volume measured during the second preconditioning cycle. DOE performed preliminary investigative testing on four standard dishwashers to compare the energy and water consumption results when using (1) the current detergent (Cascade with the Grease Fighting Power of Dawn) with the current dosage method; (2) the new detergent (Cascade Complete Powder) with the current dosage method; and (3) the new detergent with the new dosage method. Table III-2 presents the detergent quantities for each of the three investigative tests for the four units. Table III-3 presents the measured water consumption and estimated annual energy use for these four units when tested according to the three scenarios. Table III-2—Detergent Dosage (in Grams) for Each Investigative Test Test unit Appendix C1 Prewash detergent (g) Main wash detergent (g) New detergent with current dosage Prewash detergent (g) Main wash detergent (g) New detergent with new dosage Prewash detergent (g) Main wash detergent (g) 1 0 10.5 0 10.5 7.2 7.2 2 0 12.5 0 13 0 7.2 3 0 105 0 11 0 7.2 4 11 11 11 11 7.2 7.2 Table III-3—Measured Water Consumption and Estimated Annual Energy Use for Each Investigative Test Test unit Appendix C1 Water (gal/cycle) EAEU (kWh/year) New detergent with current dosage Water (gal/cycle) EAEU (kWh/year) New detergent with new dosage Water (gal/cycle) EAEU (kWh/year) 1 2.3 211 2.4 204 2.5 204 2 3.1 257 3.3 256 3.3 261 3 3.2 269 3.2 265 3.1 274 4 3.4 273 5.9 357 3.9 301 Table III-3 indicates that for test units 1, 2, and 3, the water consumption among the three tests varied within a range of 0.1-0.2 gal/cycle. For unit 4, the “Appendix C1” test and the “New Detergent with New Dosage” test yielded equivalent water consumption values; however, the water consumption of the “New Detergent with Current Dosage” test was 2.5 gal/cycle higher, an increase of 73 percent over the other two tests. Similar percentage differences were observed for EAEU among the three tests. Given the small sample size of only 4 test units, DOE believes that additional testing would be required to determine whether the observed variation in results is due to the change in detergent and dosage, or whether it could be attributed to unrelated differences in the sensor response of these soil-sensing dishwashers, or other factors. Given the uncertainty about whether the new detergent and dosing requirements would impact the energy and water consumption of dishwashers, DOE proposes that both the current detergent and dosage requirement as well as the new detergent and new dosage requirement would be allowable to use for testing according to appendix C1. By maintaining the use of the current detergent and dosing requirements, manufacturers would not be required to re-test currently certified dishwashers. Because DOE is proposing the detergent type and dosage specifications in AHAM DW-1-2020 in addition to the current requirements, this proposal would not require the re-rating or re-certification of dishwashers currently on the market. Additionally, permitting the optional use of the detergent and dosing specifications in AHAM DW-1-2020 would avoid the need for manufacturers to request test procedure waivers should the currently required detergent become unavailable and would harmonize with current industry practice. For the new appendix C2, which would be required at the time compliance is required with updated energy and water conservation standards, DOE proposes to specify only the new detergent and dosage requirements from AHAM DW-1-2020. The current dosage requirements specify detergent dosage based on water volume, which requires distinguishing the water used in the pre-wash from the water used in the main wash. DOE has observed, and stakeholders have also expressed, that uncertainty in differentiating the pre-wash and main wash cycles to estimate detergent dosage could be a potential source of test variation. As stated, the new detergent dosage is based on the number of place settings rather than measurement of pre-wash and main wash water volumes, potentially providing more consistent dosing. More consistent dosing would improve the repeatability and reproducibility of the results. Additionally, the new dosage would reduce test burden since it would eliminate the need to identify, isolate, and calculate the pre-wash and main wash water volumes. DOE requests comment on its proposal to adopt in appendix C1 the new detergent and new dosage requirements as specified in AHAM DW-1-2020, while also retaining the current detergent and dosage requirements in appendix C1. The use of either set of detergent requirements would be allowable for testing under appendix C1. DOE also requests comment on the detergent currently being used by manufacturers and test laboratories for testing and certification of dishwashers. If stakeholder comments indicate that the currently specified detergent, Cascade with the Grease Fighting Power of Dawn, is no longer being used by manufacturers, DOE may instead consider including only the new detergent, Cascade Complete Powder, and dosage requirements from AHAM DW-1-2020 in appendix C1, rather than allowing both the current and new detergent and dosage requirements. DOE also welcomes comments and data on the impact of the new detergent and dosage on energy and water use. 6. Rinse Aid Section 2.1 of appendix C1 currently requires that testing be conducted without the use of rinse aid, and that any rinse aid reservoirs remain empty for testing. In the August 2019 RFI, DOE noted that a standard from IEC, IEC 60436: “Electric Dishwashers for Household Use—Methods for Measuring the Performance” (“IEC 60436”) specifies the use of rinse aid during testing. 84 FR 43071, 43077. IEC 60436 requires the use of a standard rinse aid formulation rather than a commercially marketed brand. DOE sought information from stakeholders on consumer use of rinse aid, and on whether the use of rinse aid had any effect on measured energy and water consumption. Id. AHAM commented that rinse aid does not impact energy and water use. AHAM further commented that IEC 60436 specifies use of rinse aid because there is a performance element to that test. As such, AHAM did not support a proposal to add a rinse aid requirement or a need to collect consumer data on rinse aid usage. (AHAM, No. 5 at p. 7) Based on these comments, and the lack of data regarding the effect of rinse aid on measured energy and water usage and consumer usage of it, DOE maintains its conclusions from past rulemakings that the test procedure should preclude the use of rinse aid, and that the rinse aid container should remain empty during testing. 68 FR 51887, 51891. Adding a rinse aid requirement would increase test burden without information indicating that it would improve the representativeness of the test results, and it could potentially cause variation in test results. For these reasons, DOE is not proposing a rinse aid requirement in appendix C1 or the new appendix C2, which is consistent with the specifications in AHAM DW-1-2020 that DOE proposes to reference in this NOPR. 7. Water Softener Regeneration Cycles In the October 2012 final rule, DOE adopted a method for measuring the energy consumed during regeneration cycles for water softeners built into certain residential dishwashers. 77 FR 65942, 65960. The adopted approach relies on manufacturer-reported values for the energy and water use for each regeneration cycle and the number of annual regeneration cycles. Id. The current calculations for water softener regeneration cycles are provided in Sections 5.1.3, 5.4.3, 5.5.1.2, 5.5.2.2, 5.6.1.2, and 5.6.2.2 of appendix C1. In the August 2019 RFI, DOE requested comment on whether any dishwasher had a water softener regeneration cycle at every or nearly every cycle, and if any additional instructions should be specified in appendix C1 to avoid repeatedly accounting for the water and energy use during water softener regeneration. 84 FR 43071, 43077. DOE did not receive any comment regarding the energy and water use during water softener regeneration cycles, and thus does not propose any changes in this NOPR with regards to water softener regeneration cycles, aside from maintaining the associated definitions and calculations specified in AHAM DW-1-2020. 8. Water Re-Use System On November 1, 2013, DOE published a Decision and Order (“November 2013 Decision and Order”) granting Whirlpool a test procedure waiver (“Whirlpool waiver”) for testing specified basic models equipped with a “water use system,” in which water from the final rinse cycle is stored for use in the subsequent cycle, with periodic draining (“drain out”) and cleaning (“clean out”) events. 78 FR 65629 (Case No. DW-11). 22 Whirlpool is required to test the basic model specified in the November 2013 Decision and Order using appendix C1, with the following modifications: 22 All materials regarding the Whirlpool waiver are available in docket EERE-2013-BT-WAV-0042 at www.regulations.gov. (1) “Water use system” water and energy consumption shall be accounted for during dishwasher water and energy measurement and reporting, subject to the following: (2) For “drain out” events, constant values of 0.072 gallons per cycle and 2.6 kWh/year shall be added to values measured by appendix C1. (3) For “clean out” events, constant values of 0.071 gallons per cycle and 10.3 kWh/year shall also be added to values measured by appendix C1. (4) To calculate the detergent quantity for testing, a constant value of 0.91 gallons for the water fill amount shall be used, representing both saved water fill and house supply water fill. (5) If a “drain out” or “clean out” event occurs during testing, any results from that use of the test procedure shall be disregarded. Disconnect and reconnect power to the dishwasher, then restart the test procedure. (6) To detect a “drain out” event, measure the water volume supplied during the first fill. A cycle shall be considered to have a “drain out” event if the first fill uses approximately 1 gallon from the water supply. Without a “drain out” event, the first fill would use approximately 0.11 gallons from the water supply. (7) To detect a “clean out” event, monitor the temperature of the sump water using an additional temperature measuring device. The device shall be placed inside the sump in an area such that the device will always be submerged in water and will not interfere with the operation of the dishwasher. A cycle shall be considered to have a “clean out” event if the temperature of the sump water during wash and rinse portions of the cycle reaches 150 °F. Without a “clean out” event, the highest sump water temperatures would reach approximately 140 °F. 78 FR 65629, 65631. In the August 2019 RFI, DOE requested feedback on whether the test procedure waiver provisions were generally appropriate for testing basic models with the same attributes as those subject to the November 2013 Decision and Order. 84 FR 43071, 43078. In response, both GEA and AHAM supported incorporating the provisions of the Whirlpool waiver into appendix C1. (AHAM, No. 5 at p. 9; GE, No. 10 at p. 2) Subsequently, AHAM published the AHAM DW-1-2020 standard, which includes provisions for testing water re-use system dishwashers. Specifically, Sections 1.3, 1.9, and 1.29 of AHAM DW-1-2020 include definitions for a clean out event, drain out event, and water re-use system dishwasher, respectively. These definitions are consistent with those specified in the November 2013 Decision and Order granted in November 2013. AHAM DW-1-2020 also specifies the detergent dosing requirements, methods to measure the energy and water consumption of water re-use system dishwashers, including detection of drain out and clean out events, and calculations for energy and water consumption. Sections 2.10.2, 4.1.3, 5.1.4, 5.15, 5.4.4, 5.4.5, 5.5.1.3, 5.5.1.4, 5.5.2.3, 5.5.2.4, 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. All of these requirements are consistent with the alternate test procedure specified in the November 2013 Decision and Order granting the waiver to Whirlpool for water re-use systems, except for the specified water energy consumption equations in Sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4, which use an incorrect constant. 23 23 The equations in the noted sections improperly use the constant K = specified heat of water in kWh per gal per ºF, instead of C / e , where C = specific heat of water in Btu's per gal per °F, and e = nominal gas or oil water heater recovery efficiency. As soon as practicable after the granting of any waiver, DOE is required to publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. Id. Since AHAM DW-1-2020 includes the language from the Whirlpool waiver, DOE proposes to reference these requirements in appendix C1 and the new appendix C2, with added modifications to the equations in Sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. DOE requests comment on its proposal to reference in appendix C1 and the new appendix C2 the testing provisions from AHAM DW-1-2020 to address the Whirlpool waiver for water re-use system dishwashers. G. Cleaning Performance EPCA requires DOE to establish test procedures that are reasonably designed to produce test results that measure energy efficiency, energy use, water use (for certain products), or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Secretary, and shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE's test procedure for dishwashers identifies the “normal cycle” as the cycle representative of consumer use, defines the term “normal cycle,” requires testing using the “normal cycle,” and compliance with the applicable standards is determined based on the measured energy and water use of the “normal cycle.” 10 CFR 430.23(c) and 10 CFR 430 subpart B appendix C1. The “normal cycle” is defined as the cycle type, including washing and drying temperature options, recommended in the manufacturer's instructions for daily, regular, or typical use to completely wash a full load of normally soiled dishes including the power-dry feature. If no cycle or more than one cycle is recommended in the manufacturer's instructions for daily, regular, or typical use to completely wash a full load of normally soiled dishes, the most energy-intensive of these cycles shall be considered the normal cycle. In the absence of a manufacturer recommendation on washing and drying temperature options, the highest energy consumption options must be selected. Section 1.12 of appendix C1. As such, the existing test procedure does not define what constitutes “completely wash[ing]” a full load of normally soiled dishes ( i.e., the cleaning performance). For dishwashers, the cleaning performance at the completion of a cycle influences how a consumer uses the product. If the cleanliness of the dishware after completion of a cleaning cycle does not meet consumer expectations, consumers may alter their use of the dishwasher. For example, consumers may alter the use of the product by selecting a cycle that consumes more energy and water to provide a higher level of cleaning, operating the selected cycle multiple times, or pre-washing the dishware before loading into the dishwasher to achieve an acceptable level of cleaning. DOE received comment from Samsung expressing concern in response to the August 2019 RFI, in which Samsung stated that consumers unsatisfied with the cleaning performance of the normal cycle may opt to select a different mode that could result in increased energy consumption. (Samsung, No. 9 at p. 3) Thus, it is possible that dishwashers exist on the market that are currently tested by manufacturers using a “normal cycle” that does not “completely wash” dishes. In general, a consumer-acceptable level of cleaning performance ( i.e., a representative average use cycle) can be easier to achieve through the use of higher amounts of energy and water use during the dishwasher cycle. 24 Conversely, maintaining acceptable cleaning performance can be more difficult as energy and water levels are reduced. 25 Improving one aspect of dishwasher performance, such as reducing energy and/or water use as a result of energy conservation standards, may require a trade-off with one or more other aspects of performance, such as cleaning performance. DOE expects, however, that consumers maintain the same expectations of cleaning performance regardless of the efficiency of the dishwasher. As the dishwasher market continuously evolves to higher levels of efficiency—either as a result of mandatory minimum standards or in response to voluntary programs such as ENERGY STAR—it becomes increasingly more important that DOE ensures that its test procedure continues to reflect representative use. As such, the normal cycle that is used to test the dishwasher for energy and water performance must be one that provides a consumer-acceptable level [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2021-26880. Public record. Not legal advice.