[No title available]

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]

[Unknown Section]

[Pages 64198-64200]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: X09-81207]

[[Page 64198]]

DEPARTMENT OF ENERGY (DOE)

Statement of Regulatory and Deregulatory Priorities

The Department of Energy (Department or DOE) makes vital contributions

to the Nation's welfare through its activities focused on improving

national security, energy supply, energy efficiency, environmental

remediation, and energy research. The Department's mission is to:

Promote dependable, affordable and environmentally sound

production and distribution of energy;

Advance energy efficiency and conservation;

Provide responsible stewardship of the Nation's nuclear

weapons;

Provide a responsible resolution to the environmental legacy

of nuclear weapons production;

Strengthen U.S. scientific discovery, economic

competitiveness, and improving quality of life through innovations in

science and technology.

The Department's regulatory activities are essential to achieving its

critical mission and to implementing major initiatives of the

President's National Energy Policy. Among other things, the Regulatory

Plan and the Unified Agenda contain the rulemakings the Department will

be engaged in during the coming year to fulfill the Department's

commitment to meeting deadlines for issuance of energy conservation

standards and related test procedures. The Regulatory Plan and Unified

Agenda also reflect the Department's continuing commitment to cut

costs, reduce regulatory burden, and increase responsiveness to the

public.

Energy Efficiency Program for Consumer Products and Commercial

Equipment

The Energy Policy and Conservation Act (EPCA) requires DOE to set

appliance efficiency standards at levels that achieve the maximum

improvement in energy efficiency that is technologically feasible and

economically justified. The standards already issued in 2009 have a net

benefit to the nation of up to $84 billion over 30 years. By 2042,

these standards will have saved enough energy to operate all U.S. homes

for over two years.

On February 5, 2009, the President issued a memorandum noting that the

Department is subject to a consent decree as a result of litigation in

which 14 States and various other entities brought suit alleging that

the Department had failed to comply with deadlines and other

requirements in the EPCA. The President noted further that the

Department remained subject to outstanding deadlines with respect to 15

of the 22 product categories covered by the consent decree, as well as

statutory deadlines for a number of additional product categories. As a

result, the President requested that the Department take all necessary

steps, consistent with the consent decree and applicable law, to

finalize legally required efficiency standards as expeditiously as

possible and consistent with all applicable judicial and statutory

deadlines. Most immediate were the five energy efficiency rules with

deadlines prior to and including August 8, 2009; with respect to

standards subject to judicial and statutory deadlines later than August

8, 2009, the President requested that the Department work to complete

prior to the applicable deadline those standards that will result in

the greatest energy savings.

On August 5, 2009, DOE issued a final rule establishing energy

conservation standards for bottled or canned beverage vending machines.

Issuance of this rulemaking marked the completion, either on or prior

to the required deadline, of the five energy efficiency rules with

legal deadlines prior to and including August 8, 2009, as set forth in

the President's February 2009 memorandum.

In response to the President's request regarding rulemakings with

deadlines later than August 8, 2009, the Department continues to follow

its schedule for setting new appliance efficiency standards. These

rulemakings are expected to save American consumers billions of dollars

in energy costs. The five-year plan to implement the schedule outlines

how DOE will address the appliance standards rulemaking backlog and

meet the statutory requirements established in EPCA and the Energy

Policy Act of 2005 (EPACT 2005). The five-year plan, which was

developed considering the public comments received on the appliance

standards program, provides for the issuance of one rulemaking for each

of the 20 products in the backlog. The plan also provides for setting

appliance standards for products required under EPACT 2005.

The overall plan for implementing the schedule is contained in the

Report to Congress under section 141 of EPACT 2005 that was released on

January 31, 2006. This plan was last updated in the August 2009 report

to Congress and now includes the requirements of the Energy

Independence and Security Act of 2007 (EISA 2007). The reports to

Congress are posted at: http://www.eere.energy.gov/buildings/

appliance_standards/ schedule_setting.html.

The August 2009 report identifies all products for which DOE has

complied with or missed the deadlines established in EPCA (42 U.S.C.

Sec. 6291 et seq.). It also describes the reasons for such delays and

the Department's plan for expeditiously prescribing new or amended

standards. Information and timetables concerning these actions can also

be found in the Department's Regulatory Agenda, which is posted online

at: www.reginfo.gov.

Estimate of Combined Aggregate Costs and Benefits

The regulatory actions included in this Regulatory Plan for small

electric motors and commercial clothes washers provide significant

benefits to the Nation. DOE believes that the benefits to the Nation of

the proposed energy standards for small electric motors (energy

savings, consumer average life-cycle cost savings, national net present

value increase, and emission reductions) outweigh the costs (loss of

industry net present value and life-cycle cost increases for some

consumers). DOE estimates that these regulations will produce an energy

savings for polyphase motors between 0.08 quads (seven-percent discount

rate) and 0.17 quads (three-percent discount rate) over thirty years

and an energy savings for capacitor-start motors between 0.51 quads

(seven-percent discount rate) and 1.11 quads (three-percent discount

rate) over thirty years. The benefit to the Nation for polyphase motors

will be between $60 million (seven-percent discount rate) and $560

million (three-percent discount rate). The benefit to the Nation for

capacitor-start motors will be between $1.47 billion (seven-percent

discount rate) and $13.59 billion (three-percent discount rate).

DOE believes that the benefits to the Nation of the proposed energy

standards for commercial clothes washers (energy and water savings,

consumer average life-cycle cost savings, national net present value

increase, and emission reductions) also outweigh the costs (loss of

industry net present value and life-cycle cost increases for some

consumers). DOE estimates that these regulations will produce an energy

savings up to 0.15 quads over thirty years and national water savings

up to

[[Page 64199]]

190 billion gallons of water consumption over thirty years. The benefit

to the Nation will be between $500 million (seven-percent discount

rate) and $1.2 billion (three-percent discount rate).

_______________________________________________________________________

DOE--Energy Efficiency and Renewable Energy (EE)

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PROPOSED RULE STAGE

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40. ENERGY CONSERVATION STANDARDS FOR SMALL ELECTRIC MOTORS

Priority:

Economically Significant. Major under 5 USC 801.

Legal Authority:

42 USC 6291 to 6309; 41 USC 6311 to 6317

CFR Citation:

10 CFR 431

Legal Deadline:

Final, Judicial, February 28, 2010, Consent Decree.

Abstract:

The Energy Policy Act of 1992 amended the Energy Policy and

Conservation Act to provide that the Secretary of Energy prescribe

testing requirements and energy conservation standards for those small

electric motors for which the Secretary determines that standards would

be technologically feasible and economically justified, and would

result in significant energy savings. As a result of DOE's analysis, on

July 10, 2006 (71 FR 38799), the Secretary made such a determination

for small electric motors. This rulemaking will determine whether it is

appropriate to establish energy conservation standards for small

electric motors.

Statement of Need:

The Energy Policy and Conservation Act requires minimum energy

efficiency standards for appliances, which has the effect of

eliminating inefficient appliances and equipment from the market.

Summary of Legal Basis:

Title III of EPCA sets forth a variety of provisions designed to

improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)

provides for the Energy Conservation Program for Consumer Products

Other Than Automobiles. Part A-1 of Title III (42 U.S.C. 6311--6317)

establishes a similar program for certain types of commercial and

industrial equipment, which includes small electric motors. Currently,

no mandatory Federal energy conservation standards apply to small

electric motors.

Alternatives:

The statute requires the Department to conduct rulemakings to review

standards and to revise standards to achieve the maximum improvement in

energy efficiency that the Secretary determines is technologically

feasible and economically justified. In making this determination, the

Department conducts a thorough analysis of the alternative standard

levels, including the existing standard, based on the criteria

specified by the statute.

Anticipated Cost and Benefits:

DOE believes that the benefits to the Nation of the proposed energy

standards for small electric motors (energy savings, consumer average

life-cycle cost (LCC) savings, national net present value (NPV)

increase, and emission reductions) outweigh the burdens (loss of INPV

and LCC increases for some small electric motor users). DOE estimates

that energy savings from electricity will be between 0.59 quads and

1.23 quads over 30 years and the benefit to the Nation will be between

$1.53 billion and $14.15 billion.

Timetable:

_______________________________________________________________________

Action Date FR Cite

_______________________________________________________________________

Notice: Public Meeting,

Framework Document

Availability 08/10/07 72 FR 44990

Notice: Public Meeting,

Data Availability 12/30/08 73 FR 79723

NPRM 12/00/09

Final Action 02/00/10

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Local, State

Additional Information:

Comments pertaining to this rule may be submitted electronically to

small--electric --motors--std.rulemaking @ee.doe.gov.

URL For More Information:

www1.eere.energy.gov/buildings/appliance--standards/commercial/small--

electric--motors.html

URL For Public Comments:

www.regulations.gov

Agency Contact:

James Raba

Office of Building Technologies Program, EE-2J

Department of Energy

Energy Efficiency and Renewable Energy

1000 Independence Avenue SW.

Washington, DC 20585

Phone: 202 586-8654

Email: [email protected]

Related RIN: Related to 1904-AB71

RIN: 1904-AB70

_______________________________________________________________________

DOE--EE

-----------

FINAL RULE STAGE

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41. ENERGY EFFICIENCY STANDARDS FOR COMMERCIAL CLOTHES WASHERS

Priority:

Economically Significant. Major under 5 USC 801.

Legal Authority:

42 USC 6313(e)(2)(A)

CFR Citation:

10 CFR 431

Legal Deadline:

Final, Statutory, January 1, 2010.

Abstract:

The Energy Policy and Conservation Act (EPCA) requires DOE to determine

whether the existing standards for commercial clothes washers should be

amended. Commercial clothes washers were previously included in a

rulemaking with residential electric and gas ranges and ovens and

Microwave ovens. On October 17, 2008, DOE published a NPRM for these

products (73 FR 62034). Commenters subsequently alleged certain data

problems affecting DOE's rulemaking analyses. DOE's preliminary

assessment suggested that these concerns might be valid, thereby

necessitating additional, supplemental rulemaking analyses. DOE is

separating the commercial clothes washers energy conservation standard

from the cooking products rulemaking and plans to issue

[[Page 64200]]

standards for commercial clothes washers by the statutory deadline.

Statement of Need:

EPCA requires minimum energy efficiency standards for appliances, which

has the effect of eliminating inefficient appliances and equipment from

the market.

Summary of Legal Basis:

Title III of EPCA sets forth a variety of provisions designed to

improve energy efficiency. Part A-1 of Title III (42 U.S.C. 6311--6317)

establishes an energy conservation program for a variety of commercial

and industrial equipment including commercial clothes washers. (42

U.S.C. 6312; 6313(e)) EPCA sets both energy and water efficiency

standards for commercial clothes washers, and authorizes DOE to amend

both. (42 U.S.C. 6313(e)) Section 136(a) and (e) of the Energy Policy

Act of 2005 (EPACT 2005) added commercial clothes washers as equipment

covered under EPCA and established standards for such equipment that is

manufactured on or after January 1, 2007. (42 U.S.C. 6311(1) and

6313(e)) These amendments to EPCA also require that DOE issue a final

rule by January 1, 2010, to determine whether these standards should be

amended. (EPACT 2005, section 136(e); 42 U.S.C. 6313(e)) If amended

standards are justified, they would become effective no later than

January, 2013.

Alternatives:

The statute requires the Department to conduct rulemakings to review

standards and to revise standards to achieve the maximum improvement in

energy efficiency that the Secretary determines is technologically

feasible and economically justified. In making this determination, the

Department conducts a thorough analysis of the alternative standard

levels, including the existing standard, based on the criteria

specified by statute.

Anticipated Cost and Benefits:

DOE believes that the benefits to the Nation of the proposed energy

standards for commercial clothes washers (energy and water savings,

consumer average life-cycle cost (LCC) savings, national net present

value (NPV) increase, and emissions reductions) outweigh the costs

(loss of INPV and LCC increases for some consumers). DOE estimates that

energy savings from electricity and natural gas will be up to 0.15

quads over 30 years and the national water savings will range up to 190

billion gallons over 30 years. The benefit to the Nation will be

between $500 million and $1.2 billion.

Timetable:

_______________________________________________________________________

Action Date FR Cite

_______________________________________________________________________

NPRM 10/17/08 73 FR 62033

NPRM Comment Period End 12/16/08

Supplemental NPRM 11/09/09 74 FR 57738

Supplemental NPRM Comment

Period End 12/09/09

Final Action 01/00/10

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Undetermined

URL For More Information:

www1.eere.gov/buildings/appliance--standards/commercial/clothes--

washers.html

URL For Public Comments:

http://www.regulations.gov/

Agency Contact:

Stephen Witkowski

Office of Building Technologies Program, EE-2J

Department of Energy

Energy Efficiency and Renewable Energy

1000 Independence Avenue SW.

Washington, DC 20585

Phone: 202 586-7463

Email: [email protected]

Related RIN: Split from 1904-AB49

RIN: 1904-AB93

BILLING CODE 6450-01-S