Energy Conservation Program: Test Procedure for Dishwashers

Federal RegisterJan 18, 2023

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 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:

Final rule.

SUMMARY:

The U.S. Department of Energy (“DOE”) is amending the current test procedures for dishwashers, adopting a new test procedure appendix, incorporating by reference Association of Home Appliance Manufacturers (“AHAM”) standards—AHAM DW-1-2020 and DW-2-2020—and applying certain provisions of the industry standards to the test procedures appendices. The amendments to the current appendix establish requirements for water hardness, relative humidity, and loading pattern; update requirements for ambient temperature, detergent dosage, and standby power measurement; and include testing approaches from published dishwasher waivers. The new test procedure appendix additionally includes provisions for a minimum cleaning index threshold to validate the selected test cycle and updated annual number of cycles and low-power mode hours for the calculation of annual energy consumption.

DATES:

The effective date of this rule is February 17, 2023. The amendments to appendix C1 will be mandatory for product testing starting July 17, 2023. Manufacturers will be required to use the amended test procedure at appendix C1 until the compliance date of any final rule establishing amended energy conservation standards based on the newly established test procedure at appendix C2. At such time, manufacturers will be required to begin using the newly established test procedure at appendix C2. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on February 17, 2023.

ADDRESSES:

The docket, which includes

Federal Register

notices, webinar attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at

www.regulations.gov.

All documents in the docket are listed in the

www.regulations.gov

index. However, not all documents listed in the index may be publicly available, such as those containing information that is exempt from public disclosure.

A link to the docket web page can be found at

www.regulations.gov/docket/EERE-2016-BT-TP-0012.

The docket web page contains instructions on how to access all documents, including public comments, in the docket.

For further information on how to review the docket, contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email:

ApplianceStandardsQuestions@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT:

Dr. Carl Shapiro, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-5649. Email:

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.

SUPPLEMENTARY INFORMATION:

DOE maintains and updates a previously approved incorporation by reference and incorporates by reference the following industry standards into title 10 of the Code of Federal Regulations (“CFR”) part 430:

Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from Association of Home Appliance Manufacturers, 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 (“IEC”), 3 Rue de Varembe, Case Postale 131, 1211 Geneva 20, Switzerland; +41 22 919 02 11,

https://webstore.iec.ch/.

For a further discussion of these standards, see section IV.N of this document.

Table of Contents

I. Authority and Background

A. Authority

B. Background

II. Synopsis of the Final Rule

III. Discussion

A. General Comments

B. Scope of Applicability

C. Updates to Industry Standards

D. Metrics

E. 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

8. Water Meter

F. Test Cycle Amendments

1. Cycle Selections

2. Drying Energy Measurement

3. Annual Number of Cycles

G. 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

9. Water Heater Efficiency

H. Cleaning Performance

1. General Comments

2. Cleaning Performance Test Method

3. Cleaning Index Threshold

4. Validation of the Test Cycle

5. Determining the Most Energy-Intensive Cycle

I. Standby Mode Test Method

1. Standby Power Measurement

2. Annual Combined Low-Power Mode Energy Consumption Calculation

J. Network Mode

K. Test Cycle Duration and Updates to 10 CFR 430.32

L. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact

2. Harmonization With Industry Standards

M. Effective and Compliance Dates

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

B. Review Under the Regulatory Flexibility Act

C. Review Under the Paperwork Reduction Act of 1995

D. Review Under the National Environmental Policy Act of 1969

E. Review Under Executive Order 13132

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act of 1995

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

I. Review Under Executive Order 12630

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

K. Review Under Executive Order 13211

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

M. Congressional Notification

N. Description of Materials Incorporated by Reference

V. Approval of the Office of the Secretary

I. Authority and Background

Dishwashers are included in the list of “covered products” for which the U.S. Department of Energy (“DOE”) is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6292(a)(6)) DOE's test procedure for dishwashers is 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”),

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

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))

All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020), which reflect the last statutory amendments that impact Parts A and A-1 of EPCA.

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 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 under EPCA (42 U.S.C. 6295(s)), and (2) making other representations about the efficiency of those products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with any 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 shall 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 (as determined by the Secretary) or period of use and shall 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. (42 U.S.C. 6293(b)(1)(A)(ii))

In addition, EPCA requires that DOE amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption into the overall energy efficiency, energy consumption, or other energy descriptor, unless the current test procedure already incorporates the standby mode and off mode energy consumption, or if such integration is technically infeasible. (42 U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically infeasible, DOE must prescribe separate standby mode and off mode energy use test procedures for the covered product, if a separate test is technically feasible. (

Id.

) Any such amendment must consider the most current versions of the International Electrotechnical Commission (“IEC”) Standard 62301

and IEC Standard 62087

as applicable. (42 U.S.C. 6295(gg)(2)(A))

IEC 62301,

Household electrical appliances—Measurement of standby power

(Edition 2.0, 2011-01).

IEC 62087,

Audio, video and related equipment—Methods of measurement for power consumption

(Edition 1.0, Parts 1-6: 2015, Part 7: 2018).

DOE is publishing this final rule in satisfaction of the 7-year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

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.

On December 22, 2021, DOE published a notice of proposed rulemaking (“December 2021 NOPR”) that proposed to amend appendix C1, adopt a new test in appendix C2, incorporate by reference AHAM standards—AHAM DW-1-2020, “Uniform Test Method for Measuring the Energy Consumption of Dishwashers” (“AHAM DW-1-2020”) and AHAM DW-2-2020, “Household Electric Dishwashers” (“AHAM DW-2-2020”)—and apply certain provisions of the industry standards to the test procedures appendices, and include provisions for a minimum cleaning index threshold to validate the selected test cycle. 86 FR 72738. DOE requested comments from interested parties on the proposal.

Id.

DOE received comments in response to the December 2021 NOPR from the interested parties listed in Table I.1.

AHAM's supplemental comment (No. 26) was received 192 days after the comment submission deadline. DOE generally will not consider late-filed comments, but may exercise its discretion to do so where necessary and appropriate. In this case, DOE is considering AHAM's comment because its tardiness has not disrupted DOE's consideration of this matter and because the comment regards a subject important to this matter.

Table I.1—List of Commenters With Written Submissions in Response to the December 2021 NOPR

Commenter(s)

Reference in this final rule

Comment No. in the docket

Commenter type

Association of Home Appliance Manufacturers

AHAM

17, 26

Trade Association.

Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern California Edison; collectively, the California Investor-Owned Utilities

CA IOUs

Utilities.

GE Appliances, a Haier company

GEA

Manufacturer.

Appliance Standards Awareness Project, National Consumer Law Center, on behalf of its low-income clients, and Natural Resources Defense Council

Joint Commenters

Efficiency Organizations.

Samsung Electronics America, Inc

Samsung

Manufacturer.

Whirlpool Corporation

Whirlpool

Manufacturer.

DOE also received feedback from AHAM during an

ex parte

meeting held on October 19, 2022 (“October 2022

ex parte

meeting”). (AHAM, No. 27)

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.

To the extent that interested parties have provided written comments that are substantively consistent with any oral comments provided during the February 3, 2022, public meeting (hereafter referred to as the “December 2021 NOPR public meeting”), DOE cites the written comments throughout this final rule. Any oral comments provided during the webinar that are not substantively addressed by written comments are summarized and cited separately throughout this final rule.

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).

II. Synopsis of the Final Rule

In this final rule, DOE incorporates by reference into 10 CFR part 430 the new industry standards AHAM DW-1-2020 and AHAM DW-2-2020. Specifically, this final rule amends the dishwasher test procedure 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 prewash 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 updates:

a. 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 70 as a condition for a test cycle to be valid.

b. Update 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 new appendix C2, this final rule additionally adds provisions to incorporate the test methods specified in a waiver for testing a basic model of dishwasher that does not hook up to a water supply line, but has a manually filled, built-in water

tank and 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).

The adopted amendments are summarized in Table II.1 compared to the test procedure provision prior to the amendment, as well as the reason for the adopted change.

Table II.1—Summary of Changes in the Amended Test Procedure

DOE test procedure prior to

amendment

Amended 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 specifies 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

Adds a relative humidity (“RH”) requirement consistent with AHAM DW-1-2020, which specifies 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 from AHAM DW-1-2020 for measuring relative humidity

Appendix C1 and appendix C2

Harmonize with industry standard and practice.

Specifies that the ambient temperature must be maintained at 75 °F ±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 references AHAM DW-2-2020 and 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

Improve representativeness.

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

Adds a test method from AHAM DW-1-2020 to test dishwashers intended for a 208-volt power supply

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

Adds a test method from AHAM DW-1-2020 for dishwashers with a water re-use system

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 a minimum cleaning index threshold to validate a test cycle

Requires measurement of a per-cycle cleaning index based on section 5.12.3.1 of AHAM DW-2-2020 (

i.e.,

reflecting soil particles only), and establishes a threshold value of 70 as a condition for a test cycle to be valid

Appendix C2

Ensure the test procedure produces test results which measure energy and water use during a representative average use cycle.

DOE has determined that the amendments adopted in this final rule would not require DOE to amend the energy and water conservation standards for dishwashers. The additional amendments specified in the newly established appendix C2 would alter the calculated energy consumption of dishwashers as discussed further in each relevant section of this final rule. However, testing in accordance with appendix C2 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 actions are addressed in detail in section III of this document.

The effective date for the amended test procedures adopted in this final rule is 30 days after publication of this document in the

Federal Register

. Representations of energy use or energy efficiency must be based on testing in accordance with the amended test procedure in appendix C1 beginning 180 days after the publication of this final rule.

III. Discussion

In the December 2021 NOPR, DOE requested stakeholder feedback on several topics including test setup, test cycles, energy and water consumption test methods, cleaning performance, and standby mode test method. 86 FR 72738. In the following sections, DOE addresses the topics on which it requested feedback in the December 2021 NOPR, summarizes stakeholder comments received, responds to these comments, and finalizes the test procedure based on comments and DOE's analyses.

A. General Comments

AHAM commented that it supported DOE in its efforts to save energy and ensure a national marketplace through the Appliance Standards Program. AHAM stated that repeatable and reproducible test procedures that are representative of average consumer use, but not unduly burdensome to conduct, are an integral part of the standards program. (AHAM, No. 17 at p. 1) AHAM also commented that it supported DOE's decision to incorporate by reference AHAM DW-1-2020 into the dishwasher test procedure at 10 CFR part 430. (AHAM, No. 17 at pp. 1-2) The CA IOUs commented that they support several changes DOE has made to improve representativeness of the test procedure regarding water hardness, relative humidity, and loading pattern. (CA IOUs, No. 19 at p. 4)

GEA commented that it supported comments submitted by AHAM. (GEA, No. 20 at p. 2) Whirlpool commented that it supported many of DOE's proposals from the December 2021 NOPR, which largely harmonize with existing industry standards. (Whirlpool, No. 16 at p. 3)

AHAM also commented that the 60-day December 2021 NOPR comment period and the comment period for the preliminary analysis evaluating amended energy conservation standards for dishwashers that DOE published on January 24, 2022 (“January 2022 Preliminary Analysis;” 87 FR 3450)

overlapped by 30 days and that DOE should have first considered stakeholder comments on the major changes proposed in the December 2021 NOPR, particularly in light of the scant data DOE provided on the docket to support the inclusion of a cleaning performance requirement or the performance threshold chosen in the test procedure, before proceeding with the energy conservation standard itself. (AHAM, No. 17 at p. 18)

The Notification of a Webinar and Availability of the Preliminary Technical Support Document for energy conservation standards for dishwashers, along with the Preliminary Technical Support Document, are available at

www.regulations.gov/docket/EERE-2019-BT-STD-0039.

AHAM commented that it recognized and supported DOE's interest in moving rulemakings forward, especially rules such as the dishwasher energy conservation standards and test procedure, which have missed statutory deadlines, but DOE should have released the test procedure proposal before conducting its preliminary analysis. AHAM suggested that this would have provided both commenters and DOE more time to understand the impact of a proposed test on potential standards while allowing the rulemaking process to move along more swiftly. (AHAM, No. 17 at pp. 18-19) AHAM commented that DOE's desire to move quickly on the standards and test procedure rulemakings was disingenuous, given that it had missed statutory deadlines before and diminished the value of early stakeholder engagement, which is problematic given the significance of the proposal. (AHAM, No. 17 at p. 19)

In response to AHAM's comment regarding the publication of the December 2021 NOPR and the January 2022 Preliminary Analysis, neither the prior version nor the current version of DOE's “Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment” (“Process Rule”) specify that a final amended test procedure will be issued prior to issuing standards pre-NOPR rulemaking documents (

e.g.,

a standards preliminary analysis).

See

10 CFR part 430, subpart C, appendix A (Jan. 1, 2020 edition); 86 FR 70892, 70928 (Dec. 13, 2021). Additionally at the time the January 2022 Preliminary Analysis was published, the current version of the Process Rule was in effect and it generally provides that new test procedures and amended test procedures that impact measured energy use or efficiency will be finalized at least 180 days prior to the close of the comment period for a NOPR proposing new or amended energy conservation standards. 86 FR 70892, 70928. DOE will continue to conduct additional analyses based on this finalized test procedure before proposing any new energy conservation standards, and stakeholders will be provided an opportunity to comment on any updated analysis as part of any proposal published regarding amended standards.

B. Scope of Applicability

This rulemaking applies to dishwashers. A dishwasher is a cabinet-like appliance, which with the aid of water and detergent, washes, rinses, and dries (when a drying process is included) dishware, glassware, eating utensils, and most cooking utensils by chemical, mechanical, and/or electrical means and discharges to the plumbing drainage system. 10 CFR 430.2. DOE is not amending the scope of the dishwasher test procedure.

C. 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. ANSI/AHAM DW-1-2010 includes test methods to determine dishwasher cleaning performance and energy and water consumption among other tests. ANSI/AHAM DW-1-2010 was superseded by AHAM DW-1-2019, which contains updates pertaining to the number of place settings, detergent dosage,

etc.

and includes test methods for evaluating cleaning performance, but does not include the measurements of energy and water consumption that were previously included in ANSI/AHAM DW-1-2010. AHAM DW-1-2019 was further superseded by AHAM DW-2-2020,

which also includes test methods for evaluating cleaning performance but does not include test methods for determining energy and water consumption. Additionally, AHAM published AHAM DW-1-2020, which is an industry test procedure for determining the energy and water consumption of dishwashers and updates the relevant energy and water consumption test method provisions that were previously specified in ANSI/AHAM DW-1-2010. The following paragraphs provide an overview of the two most recently published standards, AHAM DW-1-2020 and AHAM DW-2-2020.

AHAM updated its numbering scheme for dishwasher standards, wherein DW-2 measures cleaning performance, whereas DW-1 measures energy and water consumption.

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.

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, which superseded ANSI/AHAM DW-1-2010. 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. In the December 2021 NOPR, DOE proposed 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. 86 FR 72738, 72743.

In the December 2021 NOPR, DOE proposed to incorporate by reference into 10 CFR part 430 the currently applicable industry test procedure for dishwashers, AHAM DW-1-2020.

Id.

DOE also proposed to update the industry standard incorporated by reference in 10 CFR part 430 from ANSI/AHAM DW-1-2010 to AHAM DW-2-2020.

Id.

In addition, DOE proposed to reference in appendix C1 and the new 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.

Id.

DOE requested 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.

Id.

DOE sought 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.

Id.

DOE did not receive any comments on the industry standards incorporated by reference, except as discussed in section III.A of this final rule. Accordingly, DOE is finalizing its proposal, consistent with the December 2021 NOPR, 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.

D. Metrics

DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix C1 provide results for dishwasher EAEU in kWh/year and water consumption in gal/cycle.

In the December 2021 NOPR, DOE summarized comments it received in response to the August 2019 RFI regarding an energy and water use metric on a per-place setting basis. 86 FR 72738, 72743. Most commenters opposed such a metric, claiming that no correlation exists between capacity and energy or water use, a per-place setting metric would be confusing for consumers, and it would be dependent on a claimed value of place setting capacity.

Id.

In the NOPR, DOE proposed to maintain the current metrics used for measuring dishwasher energy and water consumption. 86 FR 72738, 72743.

DOE did not receive any additional comments on this topic and is finalizing its proposal, consistent with the December 2021 NOPR, to maintain the current efficiency metrics in appendix C1 and the new appendix C2.

E. Test Setup

1. Water Hardness

The currently applicable appendix C1 does not currently specify any water hardness requirement for testing.

To reduce potential variability across testing facilities, DOE proposed in the December 2021 NOPR to incorporate the water hardness requirements in section 2.11 of AHAM DW-1-2020, which specifies a maximum water hardness of 85 parts per million (“ppm”) of CaCO

. 86 FR 72738, 72743. DOE stated in the December 2021 NOPR that certain manufacturers may already be testing their dishwashers according to these water hardness specifications because this water hardness requirement is specified in the ENERGY STAR Test Method for Determining Residential Dishwasher Cleaning Performance (“ENERGY STAR Cleaning Performance Test Method”).

Id.

at 86 FR 72744. DOE explained that AHAM had commented that it expected laboratories already have the capability to control water hardness to within these specifications.

Id.

Furthermore, in the December 2021 NOPR, DOE noted that nine dishwasher brands are included in the ENERGY STAR's Most Efficient database,

and that manufacturers of these models must report cleaning performance as measured by the ENERGY STAR Cleaning Performance Test Method.

Id.

DOE stated in the December 2021 NOPR that it did not expect this proposal to be unduly burdensome or impact the rated energy and water use of dishwashers.

Id.

ENERGY STAR Most Efficient database. Available at

www.energystar.gov/most-efficient/me-certified-dishwashers.

Last accessed July 6, 2022.

Additionally, as described further in section III.H of this document, in the December 2021 NOPR, DOE proposed to specify a minimum cleaning index threshold as a condition for a valid test cycle, which may also be impacted by water hardness.

Id.

DOE requested comment on its proposal to require use of the water hardness requirements from section 2.11 of AHAM DW-1-2020.

Id.

The Joint Commenters stated that they supported DOE's proposal to incorporate a water hardness specification consistent with AHAM DW-1-2020. The Joint Commenters agreed that the requirement would add clarity to the test procedure and help reduce potential variability across testing facilities. (Joint Commenters, No. 18 at p. 1)

DOE has more recently observed that 12 dishwasher brands are now included in the ENERGY STAR's Most Efficient database, indicating that many manufacturers are already meeting the specified water hardness requirement and have the capability to meet these requirements.

Additionally, while DOE is establishing a cleaning performance threshold only in the new appendix C2 (as discussed in section III.H of this document), since the water hardness requirement is expected to support reproducibility of results without increasing test burden for testing facilities, DOE is finalizing its proposal to require use of the water hardness requirements from section 2.11 of AHAM DW-1-2020 in both appendix

C1 and the new appendix C2, consistent with the December 2021 NOPR.

The ENERGY STAR Program recently also finalized the ENERGY STAR V. 7.0 Specification for dishwashers, which includes a cleaning performance requirement for any dishwasher seeking the ENERGY STAR label. This specification does not go into effect until July 19, 2023. See ENERGY STAR Version 7.0 Residential Dishwasher Final Specification Cover Letter.

2. Relative Humidity

The currently applicable appendix C1 does not specify an ambient relative humidity for testing.

In the December 2021 NOPR, DOE proposed 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. 86 FR 72738, 72744. DOE also proposed to include this same requirement in the new appendix C2.

Id.

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). 86 FR 72738, 72744. 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.

Id.

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.

Id.

Establishing a relative humidity requirement would limit any such potential variation and increase repeatability and reproducibility of test results.

Id.

As discussed, the proposed relative humidity requirement is the same as the requirement in AHAM dishwasher standards, indicating that this reflects current industry practice.

Id.

As such, DOE stated in the December 2021 NOPR that it does not expect this requirement to increase test burden as compared to current industry practice.

Id.

See

section III.H of this document for more details.

In conjunction with this proposed relative humidity test condition, in the December 2021 NOPR, DOE also proposed 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. 86 FR 72738, 72744.

DOE stated in the December 2021 NOPR that it had compared this proposed requirement to the relative humidity measuring device requirements currently specified in other DOE test procedures. 86 FR 72738, 72744. 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 stated in the December 2021 NOPR that its 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.

Id.

In the December 2021 NOPR, DOE requested 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.

Id.

at 86 FR 72744-72745. DOE also requested data regarding the impact of relative humidity on dishwasher energy and water usage.

Id.

at 86 FR 72744.

DOE did not receive any comments on this topic. Based on the reasons already discussed in this section, DOE is finalizing its proposal, consistent with the December 2021 NOPR, to reference AHAM DW-1-2020 for the relative humidity and associated instrumentation requirements in appendix C1 and the new appendix C2.

3. Ambient Temperature

Section 2.5.1 of the currently applicable appendix C1 specifies an ambient temperature of 75 °F ±5 °F for active mode testing.

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. In the December 2021 NOPR, DOE proposed to reference these ambient temperature requirements in AHAM DW-1-2020 in appendix C1 and the new appendix C2. 86 FR 72738, 72745. DOE stated that this proposed amendment would improve repeatability and reproducibility of results, while minimizing additional test burden, and that as the amendment is consistent with the industry standard, it reflects current industry practice.

Id.

Additionally, this amendment is consistent with the approach used to specify ambient temperature in the clothes washer test procedure at appendix J2.

Id.

DOE requested 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. 86 FR 72738, 72745.

The CA IOUs recommended that DOE would be able to more effectively accomplish its goal of improving repeatability and reproducibility of the test method by specifying an average temperature tolerance to the ambient temperature condition in addition to the existing 75 ± 5 °F minimum and maximum ambient temperature tolerance, rather than use ambiguous language of a “target temperature.” (CA IOUs, No. 19 at pp. 3-4)

DOE understands the CA IOUs' concern but notes that the intent of the ambient temperature requirement has always been to conduct the test at 75 °F, or as close to it as feasible, to the extent possible. The goal of adding “target temperature” in the requirement is to emphasize this point. Additionally, DOE does not have data to determine the appropriate tolerance for the average temperature that would ensure that the temperature stays as close to 75 °F as possible.

For the reasons stated above, DOE is finalizing its proposal, consistent with the December 2021 NOPR, specifying a target nominal ambient temperature of 75 °F for active mode testing, as referenced from AHAM DW-1-2020, in appendix C1 and the new appendix C2.

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 the currently applicable appendix C1. 82 FR 17227

(Case No. DW-12).

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.

Id.

at 82 FR 17228-17229.

All materials regarding the Miele waiver are available in docket EERE-2016-BT-WAV-0039 at

www.regulations.gov.

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 that is comparable to the Miele waiver.

As soon as practicable after the granting of any waiver, DOE is required to publish in the

Federal Register

a NOPR 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 proposed in the December 2021 NOPR to reference these requirements in appendix C1 and the new appendix C2 for dishwashers that operate at 208 volts. 86 FR 72738, 72745.

In the December 2021 NOPR, DOE requested 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.

Id.

DOE did not receive any comments on this topic. DOE is finalizing its proposal, consistent with the December 2021 NOPR, 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).

In the December 2021 NOPR, DOE proposed 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. 86 FR 72738, 72745.

All materials regarding the CNA waiver are available in docket EERE-2020-BT-WAV-0024 at

www.regulations.gov.

Specifically, DOE proposed the following provisions in appendix C1 and the new appendix C2 for testing such models:

(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 the water consumption as 4.8 liters).

86 FR 72738, 72746.

In the December 2021 NOPR, DOE requested comment on its proposal to incorporate the requirements of the CNA waiver for any dishwasher with a built-in reservoir.

Id.

In particular, DOE requested 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.

Id.

DOE did not receive any comments on this topic and is finalizing its proposal, consistent with the December 2021 NOPR, to incorporate the requirements of the CNA waiver for any dishwasher with a built-in reservoir in appendix C1 and the new appendix C2.

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 the currently applicable 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 21 5/16 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.

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).

Specifically, according to the published FOTILE waiver, FOTILE is required to test compact in-sink dishwashers using the currently applicable appendix C1 with modifications to install these dishwasher basic models from the top of a rectangular enclosure (as opposed to the front).

Id.

at 86 FR 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.

Id.

at 86 FR 26714-26715.

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).

In the December 2021 NOPR, DOE proposed 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. 86 FR 72738, 72746. Specifically, DOE proposed 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.

Id.

For such dishwashers, DOE proposed that the rectangular enclosure must consist of a front, a back, two sides, and a bottom.

Id.

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 proposed that the height of the enclosure must be as specified in the manufacturer's instructions for installation height.

Id.

If no instructions are provided, DOE proposed 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.

Id.

DOE also proposed that the dishwasher must be installed from the top and mounted to the edges of the enclosure.

Id.

In the December 2021 NOPR, DOE requested 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.

Id.

DOE did not receive any comments on this topic and is finalizing its proposal, consistent with the December 2021 NOPR, 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.

Id.

at 86 FR 26715. In the December 2021 NOPR, DOE proposed to incorporate the provisions for detergent placement specified in the FOTILE waiver into both appendix C1 and the new appendix C2, generalizing this provision such that it would be applicable to any dishwasher that does not have a detergent compartment. 86 FR 72738, 72746.

In the December 2021 NOPR, DOE requested 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.

Id.

at 86 FR 72746-72747.

AHAM commented that the language pertaining to the detergent amount and placement in the FOTILE waiver was broad and would conflict with the detergent placement provisions of the current DOE dishwasher test procedure. (AHAM, No. 17 at p. 17) AHAM stated the following concerns: (1) the proposed requirement was too prescriptive in specifying that the detergent be placed directly in the “wash chamber” and eliminated the possibility for the manufacturer to specify an alternate location, which is allowed in the current test procedure; (2) the term “main wash compartment,” as found in section 2.10 of the current test procedure, is not defined and could be interpreted as being synonymous with “wash chamber”; and (3) the proposed language removed reference to section 2.10.1 of appendix C1, thus eliminating the option of adding prewash detergent in another location as may be specified by the manufacturer. (

Id.

)

AHAM proposed adding the phrase “or other location recommended by the manufacturer,” as currently specified in section 2.10 of appendix C1, which would be in line with AHAM's view of the current test procedure's intent and leave open the possibility of alternative designs for this dishwasher type and others that may follow. (AHAM, No. 17 at pp. 17-18)

AHAM suggested that DOE should update the language in section 2.10 of appendix C1 to remove the following language proposed in the December 2021 NOPR, “For compact in-sink dishwashers with a combination sink that have neither prewash program nor a main detergent compartment, determine the amount of main wash detergent (in grams) to be added directly into the washing chamber according to section 2.10.2 of this appendix” and instead add the phrase, “or other location recommended by the manufacturer” following the words “main wash compartment” in the clause. (

Id.

)

DOE's intent with the requirement specified in the FOTILE waiver as well as the December 2021 NOPR was to require that, should the dishwasher not have a main wash detergent compartment and the manufacturer does not specify a location for the placement of the detergent, the detergent must be placed directly into the washing chamber. To clarify this instruction, in this final rule, DOE is updating the language in section 2.6 of appendix C1 and the new appendix C2 regarding placement of the detergent to note that if no main wash compartment is provided and no location is recommended by the manufacturer for the main wash detergent, the main wash detergent must be placed directly into the dishwasher chamber.

8. Water Meter

Section 3.3 in Appendix C1 specifies that the water meter must have a resolution of no larger than 0.1 gallons and a maximum error no greater than ±1.5 percent of the measured flow rate for all water temperatures encountered in the test cycle. These same requirements are also specified in section 3.3 of AHAM DW-1-2020, and DOE did not propose any changes to these requirements in the December 2021 NOPR.

AHAM commented that the proposed allowances for resolution and flow rate error for the water meter are too large and have the potential to introduce uncertainty in the measurement, negatively impacting repeatability and reproducibility. (AHAM, No. 17 at p. 16) AHAM stated that manufacturers often account for this by introducing additional margin in their per-cycle water usage. (

Id.

) AHAM provided an example that for a dishwasher approaching the current DOE standard for water consumption of 5.0 gallons per cycle, a resolution of 0.1 would introduce an error of ±2.0 percent, increasing to ±2.9 percent for dishwashers at the ENERGY STAR V. 6.0 level of 3.5 gallons per cycle. (

Id.

) AHAM explained that adding in a maximum of ±1.5 percent error of the measured flow rate, a root mean square uncertainty calculation would yield a measurement uncertainty of ±2.5 percent for a unit using 5.0 gallons per cycle and ±3.3 percent for a unit using 3.5 gallons per cycle. (

Id.

) Accordingly, AHAM recommended revising the test procedure specification for the water meter to specify a minimum resolution of 0.01 gallons and a maximum flow rate measurement error of ±0.5 percent. AHAM stated that the technology was widely available to meet these tolerances and that these specifications would further enhance repeatability and reproducibility. (

Id.

)

As discussed in a final rule to establish new and amended clothes washers test procedures, DOE noted that most, if not all, third-party laboratories already have water meters with more precise resolution. 87 FR 33316, 33324-33325 (June 1, 2022). Additionally, DOE estimated the cost of a water meter that provides a resolution of 0.01 gallons, including associated hardware, to be around $600 for each device.

Id.

However, DOE did not discuss water meter resolution in the December 2021 NOPR and has not provided stakeholders an opportunity to provide feedback on this topic. Therefore, DOE is not changing the water meter resolution requirements at this time.

DOE will consider AHAM's comment in a future rulemaking. Additionally, DOE notes that manufacturers and laboratories that already have water meters with a resolution of 0.01 gallons, could use such water meters when testing dishwashers according to the currently applicable appendix C1 as well as the amended appendix C1 and new appendix C2.

F. Test Cycle Amendments

1. Cycle Selections

In the December 2021 NOPR, DOE proposed to continue using the normal cycle for dishwasher testing, unless the normal cycle did not meet a specified cleaning index threshold at any soil-load, in which scenario DOE proposed that the most energy-intensive cycle be tested and used for certification purposes at that soil load (see section III.H of this document for further detail). 86 FR 72738, 72747. In the December 2021 NOPR, DOE stated that this alternative approach would better represent an average use cycle by capturing those consumers that may select other cycle types for washing dishes if the cleaning performance of the normal cycle did not meet their expectations, because higher energy use provides increased thermal and mechanical action for removing soils, thus correlating generally with improved cleaning performance.

Id.

DOE also did not propose to add any additional cycle options to the tested normal cycle.

Id.

Whirlpool commented that since the normal cycle is still overwhelmingly the cycle type most used by consumers, the current test method is already representative of typical consumer usage and it would be inappropriate to possibly mandate that the most energy-intensive cycle be used for testing and certification. (Whirlpool, No. 16 at p. 4)

Whirlpool commented that consumers consider their dishes/items, soil level, fullness of the dishwasher, efficiency, type of soils, past experiences, and cycle time when considering which cycle types and options to run. (Whirlpool, No. 16 at pp. 4-5) Whirlpool also commented that consumers running a load of heavily-soiled dishes with hard-to-clean soils may be likely to select a more energy-intensive cycle than the normal cycle. Whirlpool additionally commented that it does not recommend these possible more energy-intensive cycles to consumers for daily, typical, or regular use for normally soiled dishes. (

Id.

)

DOE proposed in the December 2021 NOPR to maintain the use of the normal cycle for testing dishwashers. The most energy-intensive cycle was proposed only if the normal cycle did not meet the proposed cleaning index threshold, which would indicate that the normal cycle was not providing a consumer-acceptable level of cleaning performance (

i.e.,

the normal cycle was not a representative average use cycle). For such dishwashers, DOE expects that consumers would use a more energy-intensive cycle type, since increased energy and/or water use would likely improve cleaning performance. Therefore, to ensure that the dishwasher test procedures are reasonably designed to produce test results which measure energy use during a representative average use cycle and are not unduly burdensome to conduct, in accordance with EPCA (42 U.S.C. 6293(b)(3)), the normal cycle must be the cycle type used for testing, unless it does not meet the minimum cleaning index threshold specified in the new appendix C2 at a particular soil level, in which case the most energy-intensive cycle shall be used for testing and certification purposes.

For the reasons stated above, DOE is finalizing its proposal, consistent with the December 2021 NOPR, to maintain the dishwasher test cycle selections and cycle options to the tested normal cycle, except with regard to validating the test cycle type pursuant to the minimum cleaning index included in the new appendix C2. See section III.H of this final rule for further discussion regarding cleaning performance.

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.

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.

In the December 2021 NOPR, DOE summarized comments it received in response to the August 2019 RFI regarding the drying energy for a dishwasher that employs heated rinse. 86 FR 72738, 72747-72748. Commenters opposed the addition of cycle options, including a power-dry option. However, as noted in the December 2021 NOPR, appendix C1 already requires testing of a power-dry cycle option, if available. 86 FR 72738, 72748. Accordingly, DOE did not propose any changes to the measurement of drying energy to accommodate units that use heated rinse to achieve drying.

Id.

DOE stated that 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.

Id.

For units that use heated rinse to achieve drying, DOE initially determined in the December 2021 NOPR 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.

Id.

For these reasons, DOE did not propose any

changes to the existing requirements for measuring drying energy in the December 2021 NOPR.

Id.

DOE did not receive any comments on this topic and is maintaining the existing requirements for measuring drying energy.

3. Annual Number of Cycles

Section 5.7 of the currently applicable 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 a final rule published on August 29, 2003, relying on data from several sources on consumer dishwasher usage behavior, including the 1997 version of the Residential Energy Consumption Survey (“RECS”), several consumer dishwasher manufacturers, detergent manufacturers, energy and consumer interest groups, independent researchers, and government agencies. 68 FR 51887, 51889-51890.

In the December 2021 NOPR, DOE proposed to update the current annual cycles estimate to reflect more recent trends in dishwasher usage. 86 FR 72738, 72748. DOE's analysis of 2015 RECS data indicates annual use of 185 cycles.

AHAM also specifies a value of 184 cycles per year in AHAM DW-1-2020 based on industry consensus. DOE thus proposed in the December 2021 NOPR to amend the current annual number of cycles estimate from 215 to 184 cycles, through reference to AHAM DW-1-2020.

Id.

at 86 FR 72748-72749. The proposed value closely aligns with DOE's analysis of 2015 RECS data. In the December 2021 NOPR, DOE 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.

Id.

at 86 FR 72749.

In the 2015 RECS, the Energy Information Administration (“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 noted in the December 2021 NOPR that the existing energy conservation standards are based on the EAEU as determined under the current test procedure.

Id.

As such, DOE noted that the use of the 184 cycles-per-year value would be in conjunction with any future amended energy conservation standards for dishwashers that account for the updated annual cycle value. Accordingly, in the December 2021 NOPR, DOE proposed to specify this requirement in the new appendix C2.

Id.

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 requested input on its proposal to update the estimated number of annual cycles from 215 to 184 cycles per year for future calculations of EAEU.

Id.

DOE also requested 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.

Id.

DOE did not receive any comments on this topic. DOE notes that RECS 2020 microdata was released in July 2022, from which DOE estimated that the number of annual dishwasher cycles increased to 196.5 cycles per year.

DOE does not have sufficient information to determine whether this value, obtained from surveys of consumers during the coronavirus-19 pandemic, is representative of overall average consumer use of dishwashers as compared to the estimate of 184 cycles per year proposed in the December 2021 NOPR, due to potentially different usage patterns of dishwashers by consumers during the coronavirus-19 pandemic. Accordingly, DOE is finalizing its proposal, consistent with the December 2021 NOPR, to update the number of annual cycles from 215 to 184 cycles per year for future calculations of EAEU in the new appendix C2 and to require the use of the new appendix C2 with the updated annual number of cycles for compliance with any amended energy conservation standards.

2020 RECS Survey Data. Available at:

www.eia.gov/consumption/residential/data/2020/index.php?view=microdata.

G. 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 December 2021 NOPR and in response to comments received on the August 2019 RFI, DOE noted that no data has been presented that would justify changing the test load items at that time. 86 FR 72738, 72749. Although no data was presented regarding the use of plastic items, DOE stated in the December 2021 NOPR that it 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.

Id.

DOE stated in the December 2021 NOPR that it observed that some of the test load items specified in the currently applicable 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.

Id.

As presented in the December 2021 NOPR, the test load items as stated in the current appendix C1 and AHAM DW-2-2020 are shown in Table III.1.

Id.

at 86 FR 72749-72750.

Table III.1—Test Load Items in the Currently Applicable 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

7 oz. (207mL).

Saucer

Corning Comcor®/Corelle® #6010972

6 inch Saucer

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 Corelle® #5256290

Oval—9.5 inch by 7.5 inch (24.1cm by 19.1cm). Round—8.5 inch (21.6cm).

Glass—Iced Tea

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 the currently applicable 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 specify 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 stated in the December 2021 NOPR that it understands that the Corelle® model numbers listed in the currently applicable 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.

Id.

at 86 FR 72750. 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 the currently applicable appendix C1. Therefore, in the December 2021 NOPR, DOE proposed to reference section 2.7.1 of AHAM DW-1-2020, which specifies that the test load must be as stated in section 3.4 of AHAM DW-2-2020.

Id.

Specifically, DOE proposed to 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.

Id.

In the December 2021 NOPR, DOE also proposed to continue including the test load items specified in the currently applicable appendix C1 as alternate options, so that test laboratories can continue using the existing test load if they already have these items.

Id.

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 requested 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.

Id.

DOE did not receive any comments on this topic and is finalizing its proposal, consistent with the December 2021 NOPR, to specify 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

As stated in the December 2021 NOPR, the soil load specified in the currently applicable 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. 86 FR 72738, 72751. DOE also stated that DOE did 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 and therefore, DOE did not propose a field use factor for appendix C1 or the proposed new appendix C2 in the December 2021 NOPR.

Id.

DOE additionally requested feedback and data regarding soiling level and whether there have been changes to consumers' pre-rinsing behavior.

Id.

DOE also sought information regarding the impact of different soil levels on energy and water use in dishwashers currently on the market.

Id.

Section 2.7.4 of the currently applicable 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 the currently applicable 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

2/3

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.

In the December 2021 NOPR, DOE noted that Table 3 in section 5.4 of AHAM DW-2-2020 specifies Fleischmann's

Original Stick margarine and Folgers

Classic Decaf coffee, consistent with DOE's substitutions in section 2.7.4 of the currently applicable appendix C1.

Id.

These AHAM DW-2-2020 soiling specifications are also referenced in section 2.7.4 of AHAM DW-1-2020. Therefore, in the December 2021 NOPR, DOE proposed 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.

Id.

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, in the December 2021 NOPR, DOE proposed 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.

Id.

DOE requested 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.

Id.

DOE particularly requested data and information on how the proposed soil composition would affect energy and water use in current dishwashers.

Id.

Samsung commented that pre-rinsing drastically increases the water and energy use beyond what the test procedure measures today and cited a Lawrence Berkeley National Laboratory (“LBNL”) survey which indicated that 55 percent of consumers pre-rinse dishes.

(Samsung, No. 21 at p. 3)

“Dishwashers in the Residential Sector: A Survey of Product Characteristics, Usage, and Consumer Preferences.” Section 4.3.2.1. Available at

www.osti.gov/biblio/1827934.

Last accessed July 6, 2022.

Samsung commented that it believes the consumer advocacy by dishwasher manufacturers, consumer advocates, detergent manufacturers, and the Environmental Protection Agency to educate consumers against pre-rinsing would only be successful if consumers believe their dishwasher will provide satisfactory cleaning without pre-rinsing. (

Id.;

Samsung, Public Meeting Transcript, No. 22 at p. 7) To that end, Samsung recommended that DOE consider updating soil loads that do not assume pre-rinsing by introducing heavier test soil loads that match the best practice of scraping foods off the plates rather than the soil levels one would find after pre-rinsing dishes with water. (

Id.

)

During the December 2021 NOPR public meeting, the CA IOUs commented that the soil loads used for the DOE test procedure should be representative. The CA IOUs further commented that the soil loads should be more representative of scraping compared to pre-rinsing as it would be more beneficial from energy and water savings perspective. (CA IOUs, Public Meeting Transcript, No. 22 at pp. 43-44) In written comments, the CA IOUs commented that the soil loads as defined by AHAM DW-2-2020 do not align with the definition of a “normal cycle” as being recommended for typical use with a “full load of normally soiled dishes,” because they do not believe a normally soiled load of dishes is at most half soiled (as is implied by the soil level of “heavy” load in AHAM DW-2-2020) and the medium and light soil loads include a majority of clean dishes. (CA IOUs, No. 19 at p. 2) The CA IOUs commented that DOE should therefore consider increasing the number of tableware that are soiled as part of the cleaning performance test. (

Id.

)

The soil loads specified in the currently applicable appendix C1, which are the same as the soil loads specified in AHAM DW-2-2020, have been developed by DOE to produce a measure of energy and water use of soil-sensing dishwashers in a representative usage cycle. While the soils are only applied to some of the place settings at each soil load, these soils represent the total quantities of soils that would enter a dishwasher for a fully soiled load of dishes at the various soil levels. DOE does not have, nor did commenters submit, any specific information about the types of soils that would be used to reflect pre-rinsing, or lack thereof, or the consumer relevance of such soils. Absent such data, DOE is finalizing its proposal, consistent with the December 2021 NOPR, 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 is also finalizing its proposal, consistent with the December 2021 NOPR, 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. Finally, the new appendix C2 mirrors the language in the amended appendix C1.

3. Loading Pattern

Section 2.6 of the currently applicable 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 December 2021 NOPR, DOE recognized 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. 86 FR 72738, 72751. 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. 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. In the December 2021 NOPR, DOE proposed 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.

Id.

Additionally, DOE proposed that 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 the proposed cleaning index threshold (discussed in section III.H of this document).

Id.

DOE requested input on its proposal to use the loading requirements specified in section 2.6.3.4 of AHAM DW-1-2020.

Id.

AHAM commented that DOE had no data to support that specifying a loading pattern requirement would improve the repeatability of the test procedure and reproducibility of the results, especially as it pertains to determining the cleaning performance of dishwashers. (AHAM, No. 17 at p. 10)

The Joint Commenters stated that they supported the proposal to include the loading pattern requirements specified in AHAM DW-1-2020, explaining that the current lack of specificity with regards to loading pattern can impact repeatability and reproducibility of test results. (Joint Commenters, No. 18 at pp. 1-2)

The ENERGY STAR Cleaning Performance Test Method specifies the same loading pattern that DOE proposed in the December 2021 NOPR. During development of the ENERGY STAR

Cleaning Performance Test Method, DOE noted that the loading pattern had minimal effect on cleaning performance; however, DOE specified loading patterns that distribute the soils throughout the dishwasher as evenly as possible to ensure consistency from test laboratory to test laboratory.

In the absence of any additional data, DOE maintains that given that the test load does not include all soiled items (

i.e.,

only some of the place settings are soiled while others are clean), the placement of the soiled items may impact soil sensor response or the cleaning index, especially if a given unit does not uniformly clean all items within the wash chamber. Therefore, specifying the placement of the clean and soiled items for each test would ensure that the test is run consistently each time.

ENERGY STAR® Program Requirements. Product Specification for Residential Dishwashers. Draft 1 Test Method for Determining Residential Dishwasher Cleaning Performance. Rev. Feb.-2012.

www.energystar.gov/sites/default/files/specs//Draft_1_Test_Method_Dishwasher_Cleaning_Performance.pdf

For the reasons stated previously, DOE is finalizing its proposal, consistent with the December 2021 NOPR, to use the loading requirements specified in section 2.6.3.4 of AHAM DW-1-2020 in appendix C1 and the new appendix C2.

4. Preconditioning Cycles

Section 2.9 of the currently applicable 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 December 2021 NOPR, DOE did not propose to modify the requirement for two preconditioning cycles currently in appendix C1, and proposed to apply this requirement to the new appendix C2.

DOE did not receive any comments on this topic and is maintaining the requirement for two preconditioning cycles currently in appendix C1 and is applying 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 prewash (if available) and main wash compartments, which is based on the prewash (if available) and main-wash water volumes, respectively.

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

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 for detergent formulation as well as dosage.

DOE participated in AHAM's task force for the development of AHAM DW-1-2020. Stakeholders mentioned during the AHAM task force 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.

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.

As discussed, the detergent dosage for the currently applicable 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.

In the December 2021 NOPR, DOE presented preliminary data comparing the energy and water use of four dishwashers when tested according to the current detergent and dosing method and the new detergent and dosing method. 86 FR 72738, 72752-72753. In the December 2021 NOPR, DOE noted that given the small sample size of only four test units, DOE believed 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.

Id.

Given the uncertainty about whether the new detergent and dosing requirements would impact the energy and water consumption of dishwashers, in the December 2021 NOPR, DOE proposed that both the current detergent and dosage requirements as well as the new detergent and new dosage requirements would be allowable to use for testing according to appendix C1.

Id.

at 86 FR 72753. By maintaining the use of the current detergent and dosing requirements, manufacturers would not be required to re-test currently certified dishwashers. Because DOE proposed 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 proposed in the December 2021 NOPR to specify only the new detergent and dosage requirements from AHAM DW-1-2020.

Id.

The current dosage requirements specify detergent dosage based on water volume, which requires distinguishing the water used in the prewash from the

water used in the main wash. In the December 2021 NOPR, DOE stated that it has observed, and stakeholders have also expressed, that uncertainty in differentiating the prewash and main-wash cycles to estimate detergent dosage could be a potential source of test variation.

Id.

As stated, the new detergent dosage is based on the number of place settings, rather than measurement of prewash 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 prewash and main-wash water volumes.

DOE requested 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.

Id.

The use of either set of detergent requirements would be allowable for testing under appendix C1. DOE also requested comment on the detergent currently being used by manufacturers and test laboratories for testing and certification of dishwashers.

Id.

DOE stated that 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.

Id.

DOE also welcomed comments and data on the impact of the new detergent and dosage on energy and water use.

Id.

DOE did not receive any written comments in response to this topic. During the December 2021 NOPR public meeting, Fisher & Paykel noted that AHAM DW-2-2020 specifies 1.8 grams of detergent per place setting, but AHAM DW-1-2020 specifies to use half of that quantity for the energy and water consumption tests. Fisher & Paykel additionally noted that cleaning performance would also be evaluated using half the quantity of detergent that is specified in AHAM DW-2-2020 (the standard that specifies the cleaning performance test method). Fisher & Paykel stated that DOE's proposal would require meeting the proposed cleaning index threshold using only half as much detergent. (Fisher & Paykel, Public Meeting Transcript, No. 22 at p. 56)

DOE notes that while AHAM DW-1-2020 specifies half the quantity of detergent compared to AHAM DW-2-2020, the number of soiled place settings are also fewer when testing is conducted according to AHAM DW-1-2020 compared to AHAM DW-2-2020. Specifically, AHAM DW-2-2020 requires eight place settings to be soiled when conducting the test, while sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM DW-1-2020 require four, two, and one place settings to be soiled for the heavy, medium, and light soil loads, respectively. Additionally, DOE's goal in specifying the cleaning performance threshold is to evaluate cleaning performance on the same cycles that are used to evaluate energy and water use. Therefore, DOE believes it is appropriate to use the same amount of detergent to evaluate cleaning performance as is used to determine energy and water use.

In this final rule, DOE finalizes its proposal, consistent with the December 2021 NOPR, 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. Additionally, DOE is finalizing its proposal, consistent with the December 2021 NOPR, to adopt in the new appendix C2 only the new detergent and new dosage requirements as specified in AHAM DW-1-2020.

6. Rinse Aid

Section 2.1 of the currently applicable appendix C1 requires that testing be conducted without the use of rinse aid, and that any rinse aid reservoirs remain empty for testing. In the December 2021 NOPR, DOE maintained 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. 86 FR 72738, 72754. 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 did not propose 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 proposed to reference in the December 2021 NOPR.

Id.

During the December 2021 NOPR public meeting, Electrolux questioned if cleaning performance would be evaluated for soils only, without evaluating spots, streaks, and rack contact marks, due to the lack of the use of rinse aid during the energy and water consumption tests. (Electrolux, Public Meeting Transcript, No. 22 at p. 19) AHAM commented that if DOE moves forward with a cleaning performance metric, DOE should evaluate either the use of rinse aid to decrease variation in scoring or running the energy test without rinse aid and adjusting the scoring to only score soils and not spots or streaks on glassware. (AHAM, No. 17 at p. 15) During the October 2022

ex parte

meeting, AHAM commented that DOE's test procedure should not include the use of rinse aid and the test load should be score based only on soil particles, without including scores for spots or streaks. (AHAM, No. 27 at p. 40)

Whirlpool stated that if DOE finalizes its proposals to include a minimum cleaning index requirement, Whirlpool recommended that rinse aid be a requirement. Whirlpool explained that the use of rinse aid improves repeatability and lowers variation in a dishwasher performance test, including making glasses and silverware easier to accurately score. (Whirlpool, No. 16 at p. 10; see also Whirlpool, No. 16 at p. 4) Whirlpool also commented that it would assist DOE in determining the appropriate amount of rinse aid to specify in the test procedure. (Whirlpool, No. 16 at p. 10)

Whirlpool also commented that if DOE does not finalize the test procedure with a cleaning index requirement, Whirlpool maintains its existing position that rinse aid is not needed in a test that only assesses energy and water consumption, since rinse aid does not impact energy and water use. (

Id.

)

DOE recognizes that the use of rinse aid, or lack thereof, can impact the scoring of spots or streaks on glassware. Given DOE is not specifying the use of rinse aid, as discussed in section III.H of this document, DOE has updated the cleaning index calculation to score only soils and not include the scores of spots, streaks, or rack contact marks on the glassware because, as noted by commenters, the lack of use of rinse aid would impact the scores of spots, streaks, and rack contact marks.

This final rule does not require the use of rinse aid in appendix C1 or the new appendix C2, consistent with the specifications in AHAM DW-1-2020 and the currently applicable DOE test procedure.

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 response to the August 2019 RFI, DOE did not receive any comment regarding the energy and water use during water softener regeneration cycles, and thus did not propose any changes in the December 2021 NOPR with regards to water softener regeneration cycles, aside from maintaining the associated definitions and calculations specified in AHAM DW-1-2020. 86 FR 72738, 72754.

AHAM commented that dishwashers with built-in water softeners should be tested in the as-shipped condition, where the default typically is that the water softeners are turned off, rather than tested with the water softener activated since it does not expect consumers to use the water softener function often due to the high prevalence of home water softeners in the United States. (AHAM, No. 17 at p. 15) AHAM commented that it does not believe this will have a statistically significant impact on energy usage. (

Id.

) Whirlpool commented that it supported AHAM's position on the technical issues concerning built-in water softener dishwashers. (Whirlpool, No. 16 at p. 2)

AHAM has not submitted any data to support its claim that dishwashers with water softeners typically have the water softener turned off. DOE notes that the current test procedure accounts for the additional energy and water use associated with water softener regeneration cycles as a manufacturer-reported value that is added to the tested values for the calculation of EAEU, EAOC, and water consumption. In the June 2011 BSH Corporation (“BSH”) Decision and Order, BSH included a 50-percent deduction in energy and water based on an estimate that at least 50 percent of homes already have a water softening system. 76 FR 38144, 38145. In this Decision and Order, DOE noted that BSH submitted no data to support this claim.

Id.

DOE further stated that to maintain the same methodology used in a similar waiver granted to Whirlpool, DOE was not including the 50-percent deduction in its final waiver for BSH.

Id.

In the absence of additional data, DOE's position remains the same as that stated in the June 2011 BSH Decision and Order.

Accordingly, DOE is finalizing its proposal, consistent with the December 2021 NOPR, to maintain the associated definitions and calculations specified in AHAM DW-1-2020 for water softener regeneration cycles.

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).

Whirlpool is required to test the basic model specified in the November 2013 Decision and Order using appendix C1, with the following modifications:

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:

a. 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.

b. 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.

c. 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.

d. 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.

(2) 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.

(3) 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.

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. 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, 5.1.5, 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.

The equations in the noted sections improperly use the constant K = specified heat of water in kWh per gal per °F, instead of C/e, where C = specific heat of water in Btus 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 NOPR 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, in the December 2021 NOPR, DOE proposed 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. 86 FR 72738, 72754.

DOE requested 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.

Id.

DOE did not receive any comments on this topic and is finalizing its proposal, consistent with the December 2021 NOPR, 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.

9. Water Heater Efficiency

Section 5 of appendix C1 specifies the calculations of derived results from test measurements, including machine energy consumption, fan-only mode energy consumption, drying energy consumption, water consumption, and water energy consumption. For water energy consumption, DOE specifies different equations based on whether an electric water heater is used, or a gas-heated or oil-heated water heater is used. For electric water heaters, appendix C1 assumes a 100 percent efficiency,

while for gas/oil water heaters, appendix C1 specifies the calculation assuming a 75 percent efficiency. DOE did not propose any changes to this requirement in the December 2021 NOPR.

Section 5.5 of appendix C1 specifies the calculations for water energy consumption for dishwashers using electrically heated water. The equations specified in this section do not include a constant for the water heater recovery efficiency (as specified in section 5.6 for gas or oil-heated water), which indicates that the calculations for water energy consumption for dishwashers using electric water heaters assume a 100-percent water heater efficiency.

The Joint Commenters recommended that DOE amend assumptions for water heater efficiencies to better reflect real-world water heater efficiencies, as they would improve representativeness of the test procedure and more accurately reflect the relative contribution of water heating energy use to the total dishwasher energy use. (Joint Commenters, No. 18 at p. 3) The Joint Commenters stated that the efficiency assumptions in the test procedure are higher than those found in the existing housing stock and underestimate the energy use associated with water heating and estimated that the shipment-weighted efficiencies for new water heaters are 92 percent for electric water heaters and 62 percent for gas water heaters. (

Id.

)

As discussed in the clothes washer test procedure final rule published on June 1, 2022, (

See

87 FR 33316, 33355-33356), based on the values presented, DOE interprets the Joint Commenters statement as referring to a value of uniform energy factor (“UEF”). DOE notes that UEF is a measure of efficiency based in part on a 24-hour simulated use test that measures both energy use associated with recovery periods (

i.e.,

the energy embedded within each water draw) and energy losses during the time in which water is not being withdrawn from the water heater (

i.e.,

standby energy losses), and incorporates simulated household water draw patterns. In a residential household, numerous appliances draw hot water from the water heater, in addition to dishwashers. Given the number of factors not directly related to dishwasher usage that factor into the UEF metric, DOE has determined that it would not be appropriate to use UEF as the basis for determining an estimate of water heating energy in the dishwashers test procedure. The appropriate water heater efficiency metric to use for dishwashers is the recovery efficiency, which represents the ratio of energy delivered to the water to the energy content of the fuel consumed by the water heater.

Id.

Based on a qualitative evaluation of the electric and gas water heater efficiencies in its public Compliance Certification Management System (“CCMS”) database,

DOE determines that the efficiencies listed in the current dishwasher test procedure are appropriate. Additionally, DOE did not discuss water heater efficiencies in the December 2021 NOPR and has not provided stakeholders an opportunity to provide feedback on this topic. DOE will revisit the Joint Commenters' comments in a future rulemaking.

U.S. Department of Energy Compliance Certification Database, available at

www.regulations.doe.gov/certification-data.

Last accessed July 8, 2022.

Therefore, DOE is not making any changes to the water heater efficiency in the dishwasher test procedures at appendix C1 and the new appendix C2.

H. 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 type representative of consumer use, defines the term “normal cycle,” and requires testing using the “normal cycle.” 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. The currently applicable test procedure in appendix C1 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 different cycle type that consumes more energy and water to provide a higher level of cleaning, operating the selected cycle type multiple times, or prewashing the dishware, flatware, and glassware before loading into the dishwasher to achieve an acceptable level of cleaning. In the December 2021 NOPR, DOE summarized a comment received from Samsung 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) DOE also asserted in the December 2021 NOPR that 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. 86 FR 72738, 72755.

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.

Conversely, maintaining acceptable cleaning performance can be more difficult as energy and water levels are reduced.

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 stated in the December 2021 NOPR that it expects, however, that consumers maintain the same expectations of cleaning performance regardless of the efficiency of the dishwasher.

Id.

at 86 FR 72755. 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 of cleaning performance, even as efficiency increases.

Higher energy use may provide increased thermal and mechanical action for removing soils. Similarly, higher water use may provide better rinsing performance by reducing the amount of soil re-deposition on the dishware.

In the December 2014 NOPR that proposed amended energy and water use standards for dishwashers, DOE noted that cleaning performance could be maintained up to Efficiency Level 3, which was defined as 234 kWh/year and 3.1 gal/cycle. 79 FR 76141, 76165 (Dec. 19, 2014). In the December 2016 Final Determination, DOE

additionally noted that manufacturers generally indicated that by using all available design options to improve efficiency, it would likely be able to maintain performance with a maximum energy consumption between 250 and 260 kWh/year and water consumption at 3.1 gal/cycle. 81 FR 90072, 90082.

In order for DOE's test procedure to more accurately and fully test dishwashers during a representative average use cycle, DOE stated in the December 2021 NOPR that it believes that amending the test procedure to define what constitutes completely washing a full load of normally soiled dishes (

i.e.,

the cleaning performance) will better represent consumer use of the product.

Id.

at 86 FR 72755. As such, in the December 2021 NOPR, DOE proposed additional direction for selecting the appropriate test cycle type,

i.e.,

for determining whether the cycle “can completely wash a full load of normally soiled dishes.”

Id.

DOE proposed to include a cleaning index methodology and minimum threshold to validate the selection of the test cycle in appendix C1 and the new appendix C2.

Id.

This approach is analogous to the one used for clothes dryers, in which the DOE test procedure at appendix D2 defines a threshold dryness level for automatic cycle termination of clothes dryers as a condition for the test cycle to be valid. Specifically, Section 3.3.2 of appendix D2 specifies that if the final moisture content after completion of the drying cycle is greater than 2 percent, the test shall be invalid and a new run shall be conducted using the highest dryness level setting.

DOE received several comments on its proposal to include a cleaning performance test and minimum cleaning index threshold as a condition for a valid test cycle. General comments, including whether to adopt these provisions in the currently applicable test procedure at appendix C1 or in the new appendix C2, are summarized in the following section and topic-specific comments are addressed in subsequent sections.

1. General Comments

Samsung, ASAP, the Joint Commenters, and the CA IOUs supported the inclusion of a cleaning performance test method and minimum cleaning index threshold. (Samsung, No. 21 at p. 2; Public Meeting Transcript, No. 22 at p. 7; ASAP, Public Meeting Transcript, No. 22 at pp. 21-22; Joint Commenters, No. 18 at p. 2; CA IOUs, Public Meeting Transcript, No. 22 at p. 43; CA IOUs, No. 19 at pp. 1-2) AHAM, Whirlpool, and GEA opposed the inclusion of a cleaning performance test method and minimum cleaning index threshold. (AHAM, No. 17 at p. 2; Whirlpool, No. 16 at p. 2; GEA, No. 20 at p. 2)

Samsung commented that it agreed with DOE's position that the cleaning performance requirements would help define what constitutes completely washing a full load of normally soiled dishes (

i.e.,

the cleaning performance), which would allow the test cycle type to better represent consumer use of the product. (Samsung, No. 21 at p. 2) The CA IOUs commented that they supported the cleaning performance test method, stating that it would provide base-level cleanliness performance assurances that have the potential to increase representative use of the expected “normal” cycle, reduce pre-rinsing of dishes, and increase the overall consumer use of dishwashers. (CA IOUs, No. 19 at pp. 1-2) ASAP commented that consumers often shift from the normal cycle to an alternate cycle type with better cleaning performance, which would result in increased energy consumption; therefore, adopting a minimum cleaning index threshold would help ensure representativeness of the normal cycle and would better meet consumer expectations of cleaning performance. (ASAP, Public Meeting Transcript, No. 22 at pp. 21-22) The CA IOUs commented that it would be helpful to consumers in their energy and water use savings by assuring that there is satisfaction with the normal cycle. (CA IOUs, Public Meeting Transcript, No. 22 at p. 43) The Joint Commenters stated that a cleaning performance requirement will result in tested cycle types that are more representative of energy and water consumption during consumer use. (Joint Commenters, No. 18 at p. 2) DOE appreciates stakeholder support for the inclusion of the cleaning index threshold and agrees that specifying such a threshold will ensure that the rated energy and water consumption of dishwashers is representative for completely washing a full load of normally soiled dishes with a consumer-acceptable level of cleaning.

AHAM and Whirlpool commented that should DOE move ahead with a performance metric in the test procedure, they urged that compliance with the cleaning performance threshold should be required only with amended standards. (AHAM, No. 17 at p. 13; AHAM, No. 27 at p. 3; Whirlpool, No. 16 at p. 4) During the December 2021 NOPR public meeting, AHAM commented that the inclusion of a cleaning performance metric would intrinsically change test results and sought clarity on why DOE was including the cleaning performance metric in appendix C1. (AHAM, Public Meeting Transcript, No. 22 at p. 33) During the October 2022

ex parte

meeting, AHAM reiterated its opposition to include cleaning performance requirements in appendix C1, stating that the cleaning performance would impact measured efficiency. (AHAM, No. 27 at p. 3) AHAM commented that DOE could not produce data on whether including cleaning performance requirements in appendix C1 would impact measured energy or provide any data on why it made the proposal to include the performance requirements in appendix C1, rather than including it in the proposed new appendix C2 and applying it when compliance with possible amended standards is required. (AHAM, No. 17 at pp. 13-14)

AHAM stated that the requirements potentially violate the investment and associated recovery assumptions underlying the manufacturer impact analysis that DOE presented in its preliminary technical support document on possible amended energy conservation standards. (

Id.

at p. 13) AHAM further commented that, based on DOE's data, about 18 percent of models would need to be tested using the most energy-intensive cycle

and the response of granting a waiver for products that fail to meet the cleaning index threshold on the most energy-intensive cycle would completely diminish the point of the requirement. (

Id.

) AHAM also referenced DOE's test data from the January 2022 Preliminary

Analysis and stated that most models currently on the market are at Efficiency Level (“EL”) 1 (which is the ENERGY STAR V. 6.0 level) and at that level, the majority of products would need to be re-tested using the most energy-intensive cycle for the heavy and/or medium soil load. AHAM additionally stated that for the 33 percent of models in DOE's data set that would require re-testing at the heavy soil load, it is possible that these products may not meet the current energy conservation standards or that some models currently meeting the ENERGY STAR criteria may no longer meet the baseline after being re-tested using the most energy-intensive cycle. (

Id.

)

As discussed further in section III.H.4 of this document, DOE proposed in the December 2021 NOPR that if a dishwasher failed to achieve the minimum cleaning index threshold for a given soil load on the normal cycle, the unit would be re-tested at the same soil load using the most energy-intensive cycle. 86 FR 72738, 72747, 727560 72759.

Whirlpool commented that if DOE's proposal for the minimum cleaning index goes into effect with an amended appendix C1 test procedure, it would create a tremendous burden on manufacturers by potentially requiring them to re-test all models for compliance with the minimum cleaning index requirement and potentially redesign cycle types to continue to sell into the U.S. market, all within a 6-month window. (Whirlpool, No. 16 at p. 9; Whirlpool, Public Meeting Transcript, No. 22 at pp. 34-35) Whirlpool commented that it is impractical and overly burdensome to require manufacturers to re-test all their models in such a short window, particularly when manufacturers and test laboratories have other ongoing, competing laboratory needs. (Whirlpool, No. 16 at p. 9) Whirlpool stated that product redesigns are likely to occur as a result of this cleaning performance proposal. (

Id.

) Whirlpool commented that redesigning a product can take many months or years and would be a huge disruption in the market, and due to the stated flaws in the cleaning index, it was not even certain whether redesigning a dishwasher model to be compliant with the proposed cleaning index would lead to more consumer satisfaction. (

Id.

)

DOE understands from the comments that manufacturers are identifying basic models currently on the market that may require re-testing as a result of the inclusion of cleaning performance testing because the basic models may not meet the cleaning performance threshold on the normal cycle at all soil loads. Therefore, although DOE proposed to include the cleaning performance threshold in both appendix C1 and the proposed new appendix C2 in the December 2021 NOPR, DOE is finalizing these amendments only in the new appendix C2, which will be required for use to determine compliance with amended standards.

AHAM commented that while it agreed with DOE that dishwasher performance is a concern, it could not support DOE's proposal to include a performance metric in the test procedure without DOE providing data and information to address the significant concerns AHAM raised in its comments. (AHAM, No. 17 at p. 2) AHAM commented that it agreed that performance needs to be maintained for the consumer, but that the cleaning performance test would drive the opposite result by forcing manufacturers to focus on only one aspect of cleaning performance to the detriment of other important performance functionalities. (AHAM, No. 26 at p. 5)

AHAM commented that EPCA authorizes DOE to develop test procedures that measure only energy efficiency, energy use, water use, or estimated annual operating cost, and that EPCA does not authorize DOE to develop test procedures that measure product performance. (AHAM, No. 17 at p. 3) AHAM commented that DOE had not produced sufficient information or data to show that its proposed cleaning performance requirement meets EPCA's requirements. (AHAM, No. 17 at p. 3)

As discussed, EPCA requires that any test procedures prescribed or amended shall 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

[emphasis added] and shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) As discussed in the December 2021 NOPR, the cleaning performance at the completion of a cycle type influences how a consumer uses a dishwasher. 86 FR 72738, 72755. 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.

Id.

Indeed, comments received from Samsung expressed concern 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.

Id.

As discussed further in section III.H.3 of this document, DOE notes that cycle selection data indicates consumer use of cycle types other than the normal cycle and LBNL's survey on dishwasher characteristics, usages, and consumer preferences

found that that 17 percent of the respondents “sometimes” re-run their dishwasher due to inadequate cleaning. Amending the test procedure to define what constitutes completely washing a full load of normally soiled dishes (

i.e.,

establishing a cleaning performance threshold) will ensure that the test procedure produces test results that measure energy and water use during a representative average use cycle or period of use.

“Dishwashers in the Residential Sector: A Survey of Product Characteristics, Usage, and Consumer Preferences.” Section 4.3.2.1. Available at

www.osti.gov/biblio/1827934

. Last accessed July 6, 2022.

AHAM asserted that DOE has not provided sufficient support for its proposals, that the proposal to include a cleaning performance method and to establish a minimum cleaning index threshold was not based on data and, therefore, was arbitrary and capricious under the Administrative Procedure Act (“APA”)

and did not meet the requirements of the Data Quality Act.

(AHAM, No. 17 at pp. 3, 4-5, 7, 8, 10; AHAM, No. 26 at p. 4) Similarly, GEA asserted that EPCA, the APA, and the Data Quality Act require that DOE's regulations be properly supported by relevant data, but that DOE did not have relevant data to support its proposed cleaning metric. GEA argued that the issue in this rulemaking is not the quality or sufficiency of the data, or how the data is interpreted, but the very existence of the data. (GEA, No. 20 at p. 2)

Public Law 79-404 (June 11, 1946).

Public Law 106-554 (Dec. 21, 2000). AHAM did not provide any details as to which specific requirements of the Data Quality Act it believes the proposals in the December 2021 NOPR did not satisfy.

DOE has met the APA's requirements, as DOE has explained in the December 2021 NOPR and throughout this final rule discussion its justification for including a cleaning performance measurement and for establishing a minimum cleaning index threshold to define what constitutes completely washing a full load of normally soiled dishes. As discussed in detail in the following sections, DOE has presented the details of the analysis performed by DOE, which builds upon comprehensive investigation and analysis of dishwasher cleaning performance conducted by DOE over the course of the development of the ENERGY STAR Cleaning Performance Test Method and previous dishwasher energy conservation standards rulemakings, and using the best available data that DOE has to establish the specific cleaning index threshold that aligns with consumer expectations for completely washing a full load of normally soiled dishes.

AHAM also commented that DOE's published data are not transparent and requested that DOE provide its full data set including generic model identifiers to allow commenters to fully evaluate

DOE's test data. AHAM asserted that DOE's failure to provide that data is not consistent with the requirements under the Data Quality Act and other applicable statutory provisions. (AHAM, No. 17 at p. 12)

In the December 2021 NOPR, DOE presented the results of its test data aggregated to a level appropriate for determining a cleaning index threshold that most closely corresponded to consumer cycle selection data. As discussed further in section III.H.3 of this document, DOE presented graphs in the December 2021 NOPR showing the total percentage of each of the soil test cycles that met the threshold at each potential threshold level among all the units in the test sample. 86 FR 72738, 72757. This aggregated data informed the selection of the proposed cleaning index threshold.

Id.

Presenting model-level data would not have provided insights into the selection of an appropriate cleaning performance index. Further, DOE has complied with DOE's guidelines for implementing the Data Quality Act that ensure the quality, objectivity, utility, and integrity of the data presented in this document.

See the discussion of the Data Quality Act in the December 2021 NOPR. 86 FR 72738, 72767; see also

www.energy.gov/sites/prod/files/cioprod/documents/finalinfoqualityguidelines03072011.pdf

AHAM commented that in order to establish or amend representative average use cycles or periods of use, DOE must have national, statistically significant, field use data on consumer use, and that without such data, it is impossible and inappropriate for DOE to determine or change the average use cycle in a test procedure. (AHAM, No. 17 at p. 2) AHAM stated that the current dishwasher test procedure is based on consumer use studies, and that changing the test would require showing that something has changed with regard to consumer behavior or that more accurate consumer use study data are available. (

Id.

)

As DOE discussed in the December 2021 NOPR, it has become increasingly more important that DOE ensure that its test procedure continues to reflect representative use as the dishwasher market continuously evolves to higher levels of efficiency. 86 FR 72738, 72755. DOE notes that it did not propose to change the cycle type used for testing (

i.e.,

the normal cycle), but rather to ensure that the cycle type tested as the normal cycle produces results that are representative of consumer use. As discussed in the December 2021 NOPR and further in section III.H.3 of this document, DOE determined the proposed cleaning performance threshold based on confidential consumer cycle selection data provided by industry.

Id.

at 72756. DOE believes this data to be nationally representative and based on field use data and/or consumer survey data. This final rule also presents an analysis of consumer usage data based on a survey report published October 28, 2021, by LBNL,

which further supports the cleaning index threshold value defined in this final rule (see section III.H.3 of this document).

“Dishwashers in the Residential Sector: A Survey of Product Characteristics, Usage, and Consumer Preferences.” Section 4.3.2.1. Available at

www.osti.gov/biblio/1827934.

Last accessed July 6, 2022.

AHAM also commented that DOE's rationale for adopting a minimum cleaning index threshold did not establish a direct connection to the product's energy use or energy efficiency; rather, it tied the threshold to avoiding certain consumer behavior in cases of what DOE deemed to be unacceptable performance. (AHAM, No. 17 at p. 4) AHAM asserted that EPCA does not permit this approach for incorporating performance criteria. (

Id.

)

DOE is adopting a minimum cleaning index threshold to define what constitutes “completely wash[ing]” a full load of normally soiled dishes so as to better represent consumer use of the product (

i.e.,

to produce test results that are more representative of an average consumer use cycle), as discussed in the December 2021 NOPR. 86 FR 72738, 72755. As discussed in the December 2021 NOPR and summarized earlier in this section, a consumer-acceptable level of cleaning performance can be easier to achieve through the use of higher amounts of energy and water use during the dishwasher cycle type (

i.e.,

the amount of energy or water use of a dishwasher can directly affect the level of cleaning performance). Conversely, reducing energy and water consumption may negatively impact cleaning performance to a level that is not consumer-acceptable.

During the previous standards rulemaking, AHAM and a group of its members presented data from two sets of manufacturer testing: one set consistent of a modified DOE sensor heavy soil load tested in dishwashers reprogrammed to match three energy and water use levels (307 kWh/year and 4.1 gal/cycle, 255 kWh/year and 3.1 gal/cycle, and 234 kWh/year and 3.1 gal/cycle and another set consisting of two dishwashers that were each loaded with ten place settings soiled with a modified ANSI/AHAM DW-1-2010 soil load, with each dishwasher programmed to match two energy and water use levels (307 kWh/year and 5.0 gal/cycle and 234 kWh/year and 3.1 gal/cycle). 81 FR 90072, 90082-90083. Based on the results of these tests, AHAM commented that any standards at the lower energy and water consumption levels (

i.e.,

234—255 kWh/year and 3.1 gal/cycle) would result in worse cleaning performance than products that were then on the market could achieve.

Id.

AHAM commented that it recognized that unacceptable performance may drive consumers toward less energy efficient behavior, but asserted that there are other ways of ensuring that performance is maintained for the consumer that DOE must consider during the standards development process. (AHAM, No. 17 at p. 4) DOE believes AHAM is referring to EPCA's criteria for prescribing amended standards; specifically, that DOE must consider any lessening of the utility or performance of the covered products likely to result from the imposition of the standard. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) In accordance with this provision, DOE has explicitly addressed consumer utility concerns related to cleaning performance in previous rulemakings addressing dishwasher energy conservation standards, as well as in the January 2022 Preliminary Analysis. (

See

77 FR 31918, 31956-31957; 81 FR 90072, 90082-83; 87 FR 3450

). In each of these rulemakings, DOE has presented analysis and findings regarding the impacts of cleaning performance on the ability for manufacturers to offer dishwashers that comply with energy conservation standards at the considered efficiency levels. In DOE's conclusions regarding the economic justification of potentially higher standards, DOE did not establish more stringent standards that would require manufacturers to compromise cleaning performance in order for dishwasher models to demonstrate compliance, thereby fulfilling the consideration required under 42 U.S.C. 6295(o)(2)(B(i)(IV).

Id.

Although not necessitated by the current energy conservation standards, manufacturers may choose to achieve compliance or further reductions in energy and water use through the use of control strategies and design approaches that reduce cleaning performance.

See chapter 5 of the Preliminary Technical Support Document, available at

www.regulations.gov/docket/EERE=2019=BT=STD=0039.

For example, manufacturers may reduce wash or rinse temperatures and/or reduce fill volumes for wash or rinse portions of the test cycle without implementing any additional design options.

In response to AHAM's comment that unacceptable cleaning may drive consumers toward less efficient behavior, DOE is ensuring test results that are representative of an average use cycle, in accordance with the requirements of 42 U.S.C. 6295(o)(2)(B(i)(IV) of EPCA, by establishing a minimum cleaning performance threshold in the new appendix C2. Establishing a cleaning

index threshold as part of the new appendix C2 ensures that energy and water savings are being realized for products that comply with any future new or amended energy conservation standards for dishwashers.

AHAM commented that DOE's proposal, which focuses only on cleaning performance using a metric that does not adequately measure or represent consumer satisfaction, was more likely to drive negative, unintended consequences for consumers relating to overall dishwasher performance. (AHAM, No. 17 at pp. 4-5) AHAM commented that cleaning performance is a function of washing temperature, length of washing cycle, type and amount of detergent applied, and mechanics (

i.e.,

power), such that if DOE wanted to reduce energy and water use and maintain cleaning performance, it is likely that cycle time could reach a level unacceptable to consumers or that other elements of performance could be impacted. (AHAM, No. 17 at p. 5) AHAM commented not all elements of wash performance can be altered and maintain product functionality; for example, since the water must be warm enough to activate the detergent and remove fatty soils, manufacturers have few options to consider other than lengthening cycles, reducing drying performance or eliminating drying altogether, or increasing the noise level of the dishwasher to allow for greater power, in order to maintain cleaning performance while also meeting more stringent standards. (

Id.

)

AHAM further commented that a performance threshold that addresses only a single performance attribute is not consumer relevant because it ignores the fact that the dishwasher is a holistic system. AHAM stated that by requiring energy and water levels and a cleaning performance level, DOE could essentially force manufacturers into designing dishwashers that satisfy DOE's test procedure requirements, but do not satisfy consumers not only on the factors that are not addressed, but also with regard to the cleaning performance itself because, according to AHAM, DOE had failed to demonstrate that the cleaning index threshold it had selected correlated to consumer satisfaction. (

Id.

)

DOE testing indicates that a wide range of dishwashers are currently available on the market that achieve the proposed cleaning index threshold (which is equivalent to the cleaning index threshold finalized in this document) on each soil load tested as part of the normal cycle. In particular, such models are available at the DOE minimum standard level, the ENERGY STAR V. 6.0 standard level, and the current ENERGY STAR Most Efficient level (which is also the ENERGY STAR V. 7.0 level that goes into effect in July 2023). Based on this wide range of dishwashers currently available on the market, DOE has concluded that the finalized cleaning performance threshold, as discussed in section III.H.3 of this document, will not result in dishwasher performance that is unacceptable to consumers or that would result in detrimental impacts to other consumer-relevant elements of performance. Furthermore, the discussion in section III.H. 3 of this document demonstrates that the cleaning index threshold correlates to consumer satisfaction of dishwasher performance. DOE expects that this final rule will have positive effects for consumers by ensuring that the rated energy and water use of dishwashers is based on a test cycle type that completely washes a full load of normally soiled dishes.

Whirlpool commented that it supported positions presented by AHAM, specifically noting that the proposal to include a minimum cleaning performance threshold score was unsubstantiated and not consumer relevant. (Whirlpool, No. 16 at p. 2) Whirlpool commented that it was pleased to see DOE sought to maintain performance and consumer satisfaction of dishwashers, but that the need to do so should serve as a signal that standards should not be amended further. (Whirlpool, No. 16 at p. 3)

As discussed, by establishing a minimum cleaning performance threshold in the new appendix C2, DOE is ensuring test results that are representative of an average use cycle. Establishing a cleaning index threshold as part of the new appendix C2 ensures that energy and water savings are being realized for products that comply with any future new or amended energy conservation standards for dishwashers. DOE will evaluate concerns regarding the impact of new or amended energy conservation standards on performance and consumer satisfaction within the energy conservation standards rulemaking process.

Whirlpool commented that DOE should not finalize the dishwasher test procedure with a minimum cleaning index threshold given the excessive burden caused by testing and potentially redesigning models and potential certification, verification, and enforcement risks associated with the requirement. (Whirlpool, No. 16 at p. 3) Whirlpool stated that DOE's approach to specify a cleaning index threshold as a way to address consumer satisfaction with dishwasher cleaning performance was misplaced. (Whirlpool, No. 16 at p. 10) Whirlpool stated that the proposed test procedure is variable, and that it would lead to enormous manufacturer burden, competitive harm, and possible verification failures. (

Id.

)

In the December 2021 NOPR, DOE quantified the additional test burden expected to result from its proposal. 86 FR 72738, 72763-72764. Specifically, in the NOPR, DOE estimated that the cost to test a soil-sensing dishwasher to be approximately $2,330 per basic model and that for a non-soil-sensing dishwasher to be approximately $790 per basic model, which included the cost for the additional 1 hour per soil load that DOE estimated as the additional time required to score a load at the end of the cycle and calculate the cleaning index. 86 FR 72738, 72763. Section III.L.1 of document presents DOE's finalized estimates of the expected costs associated with these amendments. However, while DOE proposed to include these amendments in both appendix C1 and the proposed new appendix C2 in the December 2021 NOPR, DOE now is only including these amendments in the new appendix C2, which will reduce the immediate burden incurred by manufacturers. Appendix C2 will be required only for use to determine compliance with any future new or amended standards for dishwashers.

As stated, DOE is introducing the cleaning performance requirement to ensure the test results are representative of an average consumer use cycle, but the cleaning performance requirement is only being included as part of the new appendix C2 and will only pertain to any future new or amended energy conservation standards for dishwashers. DOE testing indicates that a wide range of dishwashers are currently available on the market that achieve the proposed cleaning index threshold (which is equivalent to the cleaning index threshold finalized in this document) on each soil load tested as part of the normal cycle. In particular, such models are available from multiple manufacturers at the DOE minimum standard level, the ENERGY STAR V. 6.0 level, and the current ENERGY STAR Most Efficient level (which is the same as the ENERGY STAR V. 7.0 level that goes into effect in July 2023). Therefore, DOE has determined that the cleaning performance threshold will not introduce competitive harm and that dishwashers achieving this threshold are capable of meeting the existing DOE energy and water conservation standards (as well as more efficient performance levels).

The following sections discuss DOE's proposal in the December 2021 NOPR, additional comments received in response to the proposals, and DOE's response and final requirements for cleaning performance.

2. Cleaning Performance Test Method

In the December 2021 NOPR, DOE proposed to adopt a cleaning performance test method that would help determine if a dishwasher, when tested according to the DOE test procedure, “completely washes a normally soiled load of dishes,” according to the representative consumer use. 86 FR 72738, 72755. Specifically, DOE proposed to include the cleaning performance evaluation setup, procedures, and calculations that are specified in the ENERGY STAR Cleaning Performance Test Method, which references ANSI/AHAM DW-1-2010, in appendix C1 and the new appendix C2.

Id.

The ENERGY STAR Cleaning Performance Test Method specifies a procedure to determine cleaning performance at the same test loads described in the DOE test procedure. For soil-sensing dishwashers, cleaning performance is evaluated on the same cycles that are used to determine energy and water consumption (

i.e.,

the heavy, medium, and light soil loads). (ENERGY STAR Cleaning Performance Test Method section 5.1.B) For non-soil-sensing dishwashers, cleaning performance is evaluated on three additional cycles at the heavy, medium, and light soil loads that are run immediately after the clean-load cycle that is used to determine energy and water consumption. (ENERGY STAR Cleaning Performance Test Method section 5.1.C) Each test load item is quantitatively evaluated for cleanliness under prescribed lighting conditions referenced from ANSI/AHAM DW-1-2010. (ENERGY STAR Cleaning Performance Test Method section 4.B) Additionally, section 5.2 of the ENERGY STAR Cleaning Performance Test Method specifies criteria to score the load; it references section 5.10 of ANSI/AHAM DW-1-2010, which specifies the following requirements:

• Each test load item receives a score based on the number and size of soil particles that remain on the item following the termination of a test cycle type.

• Glassware items are additionally evaluated for the number and size of remaining spots, streaks, and rack contact marks.

• A score of 0 indicates a completely clean test load item, and a single test load item cannot exceed a cumulative score of 9.

• The number of test items that receive each score is counted (

i.e.,

number of items in the test load that receive a score of 0, 1, 2, . . . , 9) and the weighted average of these counts is subtracted from 100 to produce a final cleaning index for the test cycle.

• A score of 100 indicates perfect cleaning performance.

Accordingly, in the December 2021 NOPR, DOE proposed to include the requirements specified in sections 4(B), 5.2, and 5.3 of the ENERGY STAR Cleaning Performance Test Method, as follows:

Section 4(B) of the ENERGY STAR Cleaning Performance Test Method establishes the lighting requirements for the evaluation room for scoring the test load, as specified in ANSI/AHAM DW-1-2010. These same lighting requirements are also specified in section 5.10 of AHAM DW-2-2020; therefore, DOE proposed to reference section 5.10 of AHAM DW-2-2020 to specify the lighting requirements for the evaluation room. 86 FR 72738, 72756.

Section 5.2 of the ENERGY STAR Cleaning Performance Test Method establishes the scoring procedure to evaluate each dishware item in the test load after completion of the test cycle, as specified in ANSI/AHAM DW-1-2010. The scoring method is also specified in section 5.10.1 of AHAM DW-2-2020; therefore, DOE proposed to reference the scoring requirements specified in AHAM DW-2-2020.

Id.

Section 5.3 of the ENERGY STAR Cleaning Performance Test Method specifies the equation for calculating a cleaning index for each test cycle, which is also specified in section 5.12.3.2 of AHAM DW-2-2020; therefore, DOE proposed to reference the calculation of cleaning index for each test cycle from AHAM DW-2-2020.

Id.

In the December 2021 NOPR, DOE noted that the calculation to determine per-cycle cleaning index is based on the individual score of each item such that dishware and flatware are scored based on soil particles, while glassware is scored based on soil particles as well as spots, streaks, and rack contact marks.

Id.

DOE further noted that AHAM DW-2-2020 provides two separate equations for calculating the total cleaning index for one test run.

Id.

The equation in section 5.12.3.1 of AHAM DW-2-2020 specifies a soil-only cleaning index, which is calculated using the scores of each test load item (including glassware) based only on soil particles. Section 5.12.3.2 of AHAM DW-2-2020 uses the same equation as that in the ENERGY STAR Cleaning Performance Test Method (and ANSI/AHAM DW-1-2010) and defines the total cleaning index calculation using the scores of dishware and flatware based on soil particles and glassware based on soil particles as well as spots, streaks, and rack contact marks. DOE proposed to reference section 5.12.3.2 of AHAM DW-2-2020 to calculate the total cleaning index of a cycle type because DOE stated that it expects that consumers would evaluate the cleanliness of their load items at the completion of a cycle type.

Id.

DOE requested feedback on whether it should consider referencing section 5.12.3.1 of AHAM DW-2-2020 instead, which would calculate the cleaning index based on soil particles only.

Id.

DOE stated that if it were to calculate the cleaning index using soil particles only, it would reevaluate the per-cycle cleaning index threshold value [discussed further in section III.H.3 of this document] to reflect this change.

Id.

DOE requested stakeholder feedback on an appropriate threshold to consider.

Id.

DOE also requested feedback on the proposed methodology to test, score, and calculate a cleaning index to validate the tested cycle and sought comment on whether other methodologies should be considered for validating the cleaning performance of the tested cycle.

Id.

DOE requested feedback on whether it should consider referencing section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance, which would calculate the cleaning index based on soil particles only.

Id.

DOE noted that if it were to calculate cleaning index using soil particles only, it would reevaluate the per-cycle cleaning index threshold value to reflect this change.

Id.

As discussed in section III.G.6 of this document, stakeholders commented that if DOE does not specify the use of rinse aid, the cleaning index should be calculated based on soil particles only, without including spots, streaks, or rack contact marks. (Electrolux, Public Meeting Transcript, No. 22 at p. 19; AHAM, No. 17 at p. 15

) During the October 2022

ex parte

meeting, AHAM commented that while it supported calculating cleaning indices based on soil particles only, it did not support

raising the cleaning index threshold score of 65 much or at all as a result of this change to alleviate some burden and reduce false findings of noncompliance. (AHAM, No. 27 at pp. 2-3)

AHAM provided the same recommendation to DOE during the October 2022

ex parte

meeting and included the meeting materials in an attachment to its memorandum summarizing the meeting. Specifically, AHAM's recommendation regarding the determination of the cleaning index in the absence of a specification for the use of rinse aid may be found in the October 2022

ex parte

memorandum at (AHAM, No. 27 at p. 40).

Given that DOE is not specifying the use of rinse aid in the new appendix C2, DOE has reevaluated the requirement to score glassware and calculate the cleaning index based on soil particles only, which is discussed in section III.H.3 of this document. Accordingly, DOE has updated its reference, in the new appendix C2, to section 5.10.1.1 of AHAM DW-2-2020 to score items based on soil particles and section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance.

AHAM referenced EPCA's requirement that new and amended test procedures be

reasonably designed

[emphasis added] to produce test results that measure energy efficiency, energy use, water use, or estimated annual operating cost of covered products or equipment

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