[Senate Report 115-78]
[From the U.S. Government Publishing Office]
Calendar No. 97
115th Congress } { Report
SENATE
1st Session } { 115-78
======================================================================
TO EXCLUDE POWER SUPPLY CIRCUITS, DRIVERS, AND DEVICES DESIGNED TO BE
CONNECTED TO, AND POWER, LIGHT-EMITTING DIODES OR ORGANIC LIGHT-
EMITTING DIODES PROVIDING ILLUMINATION OR CEILING FANS USING DIRECT
CURRENT MOTORS FROM ENERGY CONSERVATION STANDARDS FOR EXTERNAL POWER
SUPPLIES
_______
May 24, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 226]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 226) to exclude power supply circuits,
drivers, and devices designed to be connected to, and power,
light-emitting diodes or organic light-emitting diodes
providing illumination or ceiling fans using direct current
motors from energy conservation standards for external power
supplies, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose
The purpose of S. 226 is to exclude power supply circuits,
drivers, and devices to be connected to, and power, light-
emitting diodes or organic light-emitting diodes providing
illumination, or ceiling fans using direct current motors from
energy conservation standards for external power supplies.
Background and Need
Since the 1973 oil embargo and every subsequent energy
crisis, studies have shown that the United States could save
energy and money by investing in energy efficiency measures.
Today, efficient energy use and the deployment of more
efficient technologies are critical to the nation's economic
competitiveness and job creation. In addition, efficient energy
use reduces pollution that would be associated with energy
production. Nevertheless, many existing energy efficiency
technologies and programs have yet to be installed or
implemented.
The National Academies released a 2010 study entitled Real
Prospects for Energy Efficiency in the United States on the
potential for energy efficiency in commercial and residential
buildings, transportation, and manufacturing. The study found
that energy efficiency could more than offset the Energy
Information Administration's projected increase in U.S. energy
consumption through 2030.
In 2005, in the Energy Policy Act (Public Law 109-58),
Congress amended the Energy Policy and Conservation Act (EPCA)
to define external power supplies (EPS) as an ``external power
supply circuit that is used to convert household electric
current into DC current or lower-voltage AC current to operate
a consumer product.'' 42 U.S.C. 6291(36)(A). In addition, it
directed the Department of Energy (DOE) to set energy
conservation standards for EPSs.
DOE adopted standards for EPSs by rule in 2006. 71 Fed.
Reg. 71340 (Dec. 8. 2006). In February 2014, DOE amended the
energy conservation standards that applied to certain external
power supplies and established new ones for others that were
not previously required to meet energy conservation standards.
79 Fed. Reg. 7846 (Feb. 10, 2014). The 2014 rule included
certain solid state lighting drivers, including, for example,
light emitting diodes (LEDs). However, the design of LED
drivers is different from the design of an EPS. While EPSs use
a single stage power conversion, LED drivers utilize a two
stage power conversion design. The EPS efficiency standards are
based on a single stage design; the efficiency of a two stage
design is the product of the efficiencies of each stage, and
therefore a standard based on a single stage design is not
appropriate for LED drivers. The 2014 final rule went into
effect on February 10, 2016, meaning LED drivers are now
technically not supposed to be available in the market as they
cannot meet the EPS efficiency standard. If not addressed, the
EPS standard will lead to LED drivers being taken off of the
market, disrupting the lighting industry's transition to more
energy efficient lighting and increasing energy use and costs
for consumers.
S. 226 would exclude solid state lighting (e.g., LEDs)
drivers and ceiling fans using direct current motors from DOE's
existing EPS standards, and protect these products from being
captured by other wide ranging DOE regulations that do not deal
directly with this lighting technology. Additionally, S. 226
preserves DOE's ability to prescribe an energy conservation
standard specifically for solid state lighting power supply
circuits, drivers, and other products in the future, should it
prove necessary.
Legislative History
S. 226 was introduced by Senators Portman, Cantwell, and
Shaheen on January 24, 2017.
Companion legislation, H.R. 518, was introduced in the
House by Representatives DeGette, Dent, Guthrie, and Matsui on
January 13, 2017. H.R. 518 was passed in the House of
Representatives by a voice vote on January 23, 2017.
In the 114th Congress, an identical bill, S. 2476, was
introduced by Senators Portman, Alexander, Cantwell, McConnell,
and Shaheen on February 1, 2016.
The measure was included in Amendment No. 3168 which the
Senate agreed to on April 19, 2016, as an amendment to S. 2012,
the Energy Policy Modernization Act of 2016, which the Senate
passed, as amended, on April 20, 2016.
Companion legislation, H.R. 4444, was introduced in the
House by Representatives Ellmers, DeGette, Dent, Matsui, and
Pompeo on February 3, 2016. H.R. 4444 was passed in the House
of Representatives by a voice vote on February 29, 2016. It was
received in the Senate on March 1, 2016, and referred to the
Committee on Energy and Natural Resources on July 14, 2016.
The Committee met in an open business session on March 30,
2017, and ordered S. 226 favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
226, as described herein.
Section-by-Section Analysis
Section 1. Application of energy conservation standards to certain
external power supplies
Section 1(a) amends Section 321(36)(A) of EPCA (42 U.S.C.
6291(36)(A)) to exclude from energy conservation standards for
external power supplies any power supply circuit, driver, or
device designed exclusively to be connected to, and power,
light-emitting diodes, organic light-emitting diodes, or
ceiling fans using direct current motors.
Subsection (b) amends section 340(2)(B) of EPCA to include
lighting power supply circuits. This subsection also provides
the Secretary of Energy with the regulatory authority to
prescribe energy conservation standards for lighting power
supply circuits no earlier than one year after the date on
which a test procedure has been prescribed for such equipment.
Subsection (c) makes technical corrections to sections
321(6)(B) and 324 of EPCA.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
The Energy Policy Act of 2005 directed the Secretary of
Energy to establish energy conservation standards for external
power supplies (EPS), which are devices that convert power
drawn from a wall outlet into lower voltage power that can be
used directly by certain electronic devices. S. 226 would amend
the definition of EPS to exclude some technologies and specify
the circumstances under which the Secretary could establish
energy conservation standards for such technologies in the
future.
CBO estimates that enacting S. 226 would have no
significant effect on the federal budget. Based on information
from the Department of Energy, we expect that any change in the
agency's costs to regulate or establish standards for
technologies affected by the bill (which would be subject to
appropriation) would be insignificant in any year.
Enacting S. 226 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 226 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 226 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out the bill.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of the bill, as ordered reported.
Congressionally Directed Spending
S. 226, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
Executive Communications on S. 226 were not requested by
the Committee on Energy and Natural Resources for the 115th
Congress.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ENERGY POLICY AND CONSERVATION ACT
Public Law 94-163, as amended
* * * * * * *
TITLE III--IMPROVING ENERGY EFFICIENCY
* * * * * * *
PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN
AUTOMOBILES
DEFINITIONS
Sec. 321. For purposes of this part:
* * * * * * *
(5) The term ``energy efficiency'' means the ratio of
the useful output of services from a consumer product
to the energy use of such product, determined in
accordance with test procedures under section 323.
(6) The term ``energy conservation standard'' means--
(A) a performance standard which prescribes a
minimum level of energy efficiency or a maximum
quantity of energy use, or, in the case of
showerheads, faucets, water closets, and
urinals, water use, for a covered product,
determined in accordance with test procedures
prescribed under section 323; or
(B) a design requirement for the products
specified in paragraphs (6), (7), (8), (10),
(15), (16), (17), and [(19)] (20) of section
323; and
* * * * * * *
(35) (A) The term ``distribution transformer'' means
a transformer that--
(i) has an input voltage of 34.5 kilovolts or
less;
(ii) has an output voltage of 600 volts or
less; and
(iii) is rated for operation at a frequency
of 60 Hertz.
(B) The term ``distribution transformer'' does not
include--
(i) a transformer with multiple voltage taps,
the highest of which equals at least 20 percent
more than the lowest;
(ii) a transformer that is designed to be
used in a special purpose application and is
unlikely to be used in general purpose
applications, such as a drive transformer,
rectifier transformer, auto-transformer,
Uninterruptible Power System transformer,
impedance transformer, regulating transformer,
sealed and nonventilating transformer, machine
tool transformer, welding transformer,
grounding transformer, or testing transformer;
or
(iii) any transformer not listed in clause
(ii) that is excluded by the Secretary by rule
because--
(I) the transformer is designed for a
special application;
(II) the transformer is unlikely to
be used in general purpose
applications; and
(III) the application of standards to
the transformer would not result in
significant energy savings.
(36) External power supply.--
(A) [In general.--The term].--
(i) In general.--The term ``external
power supply'' means an external power
supply circuit that is used to convert
household electric current into DC
current or lower-voltage AC current to
operate a consumer product.
(ii) Exclusion.--The term ``external
power supply'' does not include a power
supply circuit, driver, or device that
is designed exclusively to be connected
to, and power--
(I) light-emitting diodes
providing illumination;
(II) organic light-emitting
diodes providing illumination;
or
(III) ceiling fans using
direct current motors.
* * * * * * *
LABELING
Sec. 324. (a) In General.-- * * *
(3) The Commission may prescribe a labeling rule
under this section applicable to covered products of a
type specified in paragraph [(19)] (20) of section
322(a) (or a class thereof) if--
(A) the Commission or the Secretary has made
a determination with respect to such type (or
class thereof) that labeling in accordance with
this section will assist purchasers in making
purchasing decisions,
* * * * * * *
(b) Rules in Effect; New Rules.-- (1) (A) Any labeling rule
in effect on the date of the enactment of the National
Appliance Energy Conservation Act of 1987 shall remain in
effect until amended, by rule, by the Commission.
(B) After the date of the enactment of the National
Appliance Energy Conservation Act of 1987 and not later than 30
days after the date on which a proposed test procedure
applicable to a covered product of any of the types specified
in paragraphs (1) through (13), and paragraphs (15) through
[(19)] (20) of section 322(a)(or class thereof) is prescribed
under section 322(b), the Commission shall publish a proposed
labeling rule applicable to such type (or class thereof).
(2) The Commission shall afford interested persons an
opportunity to present written or oral data, views, and
comments with respect to the proposed labeling rules published
under paragraph (1). The period for such presentations shall
not be less than 45 days.
(3) Not earlier than 45 days nor later than 60 days after
the date on which test procedures are prescribed under section
322(b) with respect to covered products of any type (or class
thereof) specified in paragraphs (1) through (12) of section
322(a), the Commission shall prescribe labeling rules with
respect to covered products of such type (or class thereof).
Not earlier than 45 days after the date on which test
procedures are prescribed under section 322(b) with respect to
covered products of a type specified in paragraph [(19)] (20)
of section 322(a), the Commission may prescribe labeling rules
with respect to covered products of such type (or class
thereof).
(4) A labeling rule prescribed under paragraph (3) shall
take effect not later than 3 months after the date of
prescription of such rule, except that such rules may take
effect not later than 6 months after such date of prescription
if the Commission determines that such extension is necessary
to allow persons subject to such rules adequate time to come
into compliance with such rules.
(5) The Commission may delay the publication of a proposed
labeling rule, or the prescription of a labeling rule, beyond
the dates specified in paragraph (1) or (3), if it determines
that it cannot publish proposed labeling rules or prescribe
labeling rules which meet the requirements of this section on
or prior to the date specified in the applicable paragraph and
publishes such determination in the Federal Register, together
with the reasons therefor. In any such case, it shall publish
proposed labeling rules or prescribe labeling rules for covered
products of such type (or class thereof) as soon as practicable
unless it determines (A) that labeling in accordance with this
section is not economically or technically feasible, or (B) in
the case of a type specified in paragraphs (3), (5), and (7) of
section 322(a), that labeling in accordance with this section
is not likely to assist consumers in purchasing decisions. Any
such determination shall be published in the Federal Register,
together with the reasons therefor. This paragraph shall not
apply to the prescription of a labeling rule with respect to
covered products of a type specified in paragraph [(19)] (20)
of section 322(a).
* * * * * * *
ENERGY CONSERVATION STANDARDS
Sec. 325. (a) Purposes.--The purposes of this section are
to--
(1) provide Federal energy conservation standards
applicable to covered products; and
* * * * * * *
(l) Standards for Other Covered Products.-- (1) The
Secretary may prescribe an energy conservation standard for any
type (or class) of covered products of a type specified in
paragraph [(19)] (20) of section 322(a) if the requirements of
subsections (o) and (p) are met and the Secretary determines
that--
(A) the average per household energy use within the
United States by products of such type (or class)
exceeded 150 kilowatt-hours (or its Btu equivalent) for
any 12-month period ending before such determination;
(B) the aggregate household energy use within the
United States by products of such type (or class)
exceeded 4,200,000,000 kilowatt-hours (or its Btu
equivalent) for any such 12-month period;
(C) substantial improvement in the energy efficiency
of products of such type (or class) is technologically
feasible; and
(D) the application of a labeling rule under section
324 to such type (or class) is not likely to be
sufficient to induce manufacturers to produce, and
consumers and other persons to purchase, covered
products of such type (or class) which achieve the
maximum energy efficiency which is technologically
feasible and economically justified.
(2) Any new or amended standard for covered products of a
type specified in paragraph [(19)] (20) of section 322(a) shall
not apply to products manufactured within five years after the
publication of a final rule establishing such standard.
(3) The Secretary may, in accordance with subsections (o)
and (p), prescribe an energy conservation standard for
television sets. Any such standard may not become effective
with respect to products manufactured before January 1, 1992.
(4) Energy efficiency standards for certain lamps--
(A) In general.--The Secretary shall prescribe an
energy efficiency standard for rough service lamps,
vibration service lamps, 3-way incandescent lamps,
2,601-3,300 lumen general service incandescent lamps,
and shatter-resistant lamps in accordance with this
paragraph.
(B) Benchmarks.--Not later than 1 year after the date
of enactment of this, the Secretary, in consultation
with the National Electrical Manufacturers Association,
shall--
(i) collect actual data for United States
unit sales for each of calendar years 1990
through 2006 for each of the 5 types of lamps
described in subparagraph (A) to determine the
historical growth rate of the type of lamp; and
(ii) construct a model for each type of lamp
based on coincident economic indicators that
closely match the historical annual growth rate
of the type of lamp to provide a neutral
comparison benchmark to model future unit sales
after calendar year 2006.
(C) Actual sales data.--
(i) In general.--Effective for each of
calendar years 2010 through 2025, the
Secretary, in consultation with the National
Electrical Manufacturers Association, shall--
(I) collect actual United States unit
sales data for each of 5 types of lamps
described in subparagraph (A); and
(II) not later than 90 days after the
end of each calendar year, compare the
lamp sales in that year with the sales
predicted by the comparison benchmark
for each of the 5 types of lamps
described in subparagraph (A).
(ii) Continuation of tracking.--
(I) Determination.--Not later than
January 1, 2023, the Secretary shall
determine if actual sales data should
be tracked for the lamp types described
in subparagraph (A) after calendar year
2025.
(II) Continuation.--If the Secretary
finds that the market share of a lamp
type described in subparagraph (A)
could significantly erode the market
share for general service lamps, the
Secretary shall continue to track the
actual sales data for the lamp type.
(D) Rough service lamps.--
(i) In general.--Effective beginning with the
first year that the reported annual sales rate
for rough service lamps demonstrates actual
unit sales of rough service lamps that achieve
levels that are at least 100 percent higher
than modeled unit sales for that same year, the
Secretary shall--
(I) not later than 90 days
after the end of the previous
calendar year, issue a finding
that the index has been
exceeded; and
(II) not later than the date
that is 1 year after the end of
the previous calendar year,
complete an accelerated
rulemaking to establish an
energy conservation standard
for rough service lamps.
(ii) Backstop requirement.--If the Secretary
fails to complete an accelerated rulemaking in
accordance with clause (i)(II), effective
beginning 1 year after the date of the issuance
of the finding under clause (i)(I), the
Secretary shall require rough service lamps
to--
(I) have a shatter-proof coating or
equivalent technology that is compliant
with NSF/ANSI 51 and is designed to
contain the glass if the glass envelope
of the lamp is broken and to provide
effective containment over the life of
the lamp;
(II) have a maximum 40-watt
limitation; and
(III) be sold at retail only in a
package containing 1 lamp.
(E) Vibration service lamps.--
(i) In general.--Effective beginning with the
first year that the reported annual sales rate
for vibration service lamps demonstrates actual
unit sales of vibration service lamps that
achieve levels that are at least 100 percent
higher than modeled unit sales for that same
year, the Secretary shall--
(I) not later than 90 days after the
end of the previous calendar year,
issue a finding that the index has been
exceeded; and
(II) not later than the date that is
1 year after the end of the previous
calendar year, complete an accelerated
rulemaking to establish an energy
conservation standard for vibration
service lamps.
(ii) Backstop requirement.--If the Secretary
fails to complete an accelerated rulemaking in
accordance with clause (i)(II), effective
beginning 1 year after the date of the issuance
of the finding under clause (i)(I), the
Secretary shall require vibration service lamps
to--
(I) have a maximum 40-watt
limitation; and
(II) be sold at retail only in a
package containing 1 lamp.
(F) 3-Way incandescent lamps.--
(i) In general.--Effective beginning with the
first year that the reported annual sales rate
for 3-way incandescent lamps demonstrates
actual unit sales of 3-way incandescent lamps
that achieve levels that are at least 100
percent higher than modeled unit sales for that
same year, the Secretary shall--
(I) not later than 90 days after the
end of the previous calendar year,
issue a finding that the index has been
exceeded; and
(II) not later than the date that is
1 year after the end of the previous
calendar year, complete an accelerated
rulemaking to establish an energy
conservation standard for 3-way
incandescent lamps.
(ii) Backstop requirement.--If the Secretary
fails to complete an accelerated rulemaking in
accordance with clause (i)(II), effective
beginning 1 year after the date of issuance of
the finding under clause (i)(I), the Secretary
shall require that--
(I) each filament in a 3-way
incandescent lamp meet the new maximum
wattage requirements for the respective
lumen range established under
subsection (i)(1)(A); and
(II) 3-way lamps be sold at retail
only in a package containing 1 lamp.
(G) 2,601-3,300 Lumen general service incandescent
lamps.--Effective beginning with the first year that
the reported annual sales rate demonstrates actual unit
sales of 2,601-3,300 lumen general service incandescent
lamps in the lumen range of 2,601 through 3,300 lumens
(or, in the case of a modified spectrum, in the lumen
range of 1,951 through 2,475 lumens) that achieve
levels that are at least 100 percent higher than
modeled unit sales for that same year, the Secretary
shall impose--
(i) a maximum 95-watt limitation on general
service incandescent lamps in the lumen range
of 2,601 through 3,300 lumens; and
(ii) a requirement that those lamps be sold
at retail only in a package containing 1 lamp.
(H) Shatter-resistant lamps.--
(i) In general.--Effective beginning with the
first year that the reported annual sales rate
for shatter-resistant lamps demonstrates actual
unit sales of shatter-resistant lamps that
achieve levels that are at least 100 percent
higher than modeled unit sales for that same
year, the Secretary shall--
(I) not later than 90 days
after the end of the previous
calendar year, issue a finding
that the index has been
exceeded; and
(II) not later than the date
that is 1 year after the end of
the previous calendar year,
complete an accelerated
rulemaking to establish an
energy conservation standard
for shatter-resistant lamps.
(ii) Backstop requirement.--If the Secretary
fails to complete an accelerated rulemaking in
accordance with clause (i)(II), effective
beginning 1 year after the date of issuance of
the finding under clause (i)(I), the Secretary
shall impose--
(I) a maximum wattage
limitation of 40 watts on
shatter resistant lamps; and
(II) a requirement that those
lamps be sold at retail only in
a package containing 1 lamp.
(I) Rulemakings before January 1, 2025.--
(i) In general.--Except as provided in clause
(ii), if the Secretary issues a final rule
prior to January 1, 2025, establishing an
energy conservation standard for any of the 5
types of lamps for which data collection is
required under any of subparagraphs (D) through
(G), the requirement to collect and model data
for that type of lamp shall terminate unless,
as part of the rulemaking, the Secretary
determines that continued tracking is
necessary.
(ii) Backstop requirement.--If the Secretary
imposes a backstop requirement as a result of a
failure to complete an accelerated rulemaking
in accordance with clause (i)(II) of any of
subparagraphs (D) through (G), the requirement
to collect and model data for the applicable
type of lamp shall continue for an additional 2
years after the effective date of the backstop
requirement.
* * * * * * *
PART C--CERTAIN INDUSTRIAL EQUIPMENT
DEFINITIONS
Sec. 340. For purposes of this part--
* * * * * * *
(2)(A) The term ``industrial equipment'' means any
article of equipment referred to in subparagraph (B) of
a type--
(i) which in operation consumes, or is
designed to consume, energy;
(ii) which, to any significant extent, is
distributed in commerce for industrial or
commercial use; and
(iii) which is not a ``covered product'' as
defined in section 321(a)(2), other than a
component of a covered product with respect to
which there is in effect a determination under
section 341(c);
without regard to whether such article is in fact distributed
in commerce for industrial or commercial use.
(B) The types of equipment referred to in this
subparagraph (in addition to electric motors and pumps,
commercial package air conditioning and heating
equipment, commercial refrigerators, freezers, and
refrigerator-freezers, automatic commercial ice makers,
commercial clothes washers, packaged terminal air-
conditioners, packaged terminal heat pumps, warm air
furnaces, packaged boilers, storage water heaters,
instantaneous water heaters, and unfired hot water
storage tanks) are as follows:
(i) compressors;
(ii) fans;
(iii) blowers;
(iv) refrigeration equipment;
[(v) electric lights;]
(v) electric lights and lighting power supply
circuits;
(vi) electrolytic equipment;
(vii) electric arc equipment;
(viii) steam boilers;
(ix) ovens;
(x) kilns;
(xi) evaporators;
(xii) dryers; and
(xiii) other motors.
(3) The term ``energy efficiency'' means the ratio of
the useful output of services from an article of
industrial equipment to the energy use by such article,
determined in accordance with test procedures under
section 343.
* * * * * * *
STANDARDS
Sec. 342. (a) * * *
(f) Walk-In Coolers and Walk-In Freezers.--
(1) In general.--Subject to paragraphs (2) through
(6), each walk-in cooler or walk-in freezer
manufactured on or after January 1, 2009, shall--
(A) have automatic door closers that firmly
close all walk-in doors that have been closed
to within 1 inch of full closure, except that
this subparagraph shall not apply to doors
wider than 3 feet 9 inches or taller than 7
feet;
(B) have strip doors, spring hinged doors, or
other method of minimizing infiltration when
doors are open;
(C) contain wall, ceiling, and door
insulation of at least R-25 for coolers and R-
32 for freezers, except that this subparagraph
shall not apply to glazed portions of doors nor
to structural members;
(D) contain floor insulation of at least R-28
for freezers;
(E) for evaporator fan motors of under 1
horsepower and less than 460 volts, use--
(i) electronically commutated motors
(brushless direct current motors); or
(ii) 3-phase motors;
(F) for condenser fan motors of under 1
horsepower, use--
(i) electronically commutated motors;
(ii) permanent split capacitor-type
motors; or
(iii) 3-phase motors; and
(G) for all interior lights, use light
sources with an efficacy of 40 lumens per watt
or more, including ballast losses (if any),
except that light sources with an efficacy of
40 lumens per watt or less, including ballast
losses (if any), may be used in conjunction
with a timer or device that turns off the
lights within 15 minutes of when the walk-in
cooler or walk-in freezer is not occupied by
people.
(2) Electronically commutated motors.--
(A) In general.--The requirements of
paragraph (1)(E)(i) for electronically
commutated motors shall take effect January 1,
2009, unless, prior to that date, the Secretary
determines that such motors are only available
from 1 manufacturer.
(B) Other types of Motors.--In carrying out
paragraph (1)(E)(i) and subparagraph (A), the
Secretary may allow other types of motors if
the Secretary determines that, on average,
those other motors use no more energy in
evaporator fan applications than electronically
commutated motors.
(C) Maximum energy consumption level.--The
Secretary shall establish the maximum energy
consumption level under subparagraph (B) not
later than January 1, 2010.
(3) Additional specifications.--Each walk-in
cooler or walk-in freezer with transparent
reach-in doors manufactured on or after January
1, 2009, shall also meet the following
specifications:
(A) Transparent reach-in doors for walk-in
freezers and windows in walk-in freezer doors
shall be of triple-pane glass with either heat-
reflective treated glass or gas fill.
(B) Transparent reach-in doors for walk-in
coolers and windows in walk-in cooler doors
shall be--
(i) double-pane glass with heat-
reflective treated glass and gas fill;
or
(ii) triple-pane glass with either
heat-reflective treated glass or gas
fill.
(C) If the appliance has an antisweat heater
without antisweat heat controls, the appliance
shall have a total door rail, glass, and frame
heater power draw of not more than 7.1 watts
per square foot of door opening (for freezers)
and 3.0 watts per square foot of door opening
(for coolers).
(D) If the appliance has an antisweat heater
with antisweat heat controls, and the total
door rail, glass, and frame heater power draw
is more than 7.1 watts per square foot of door
opening (for freezers) and 3.0 watts per square
foot of door opening (for coolers), the
antisweat heat controls shall reduce the energy
use of the antisweat heater in a quantity
corresponding to the relative humidity in the
air outside the door or to the condensation on
the inner glass pane.
(4) Performance-based standards.--
(A) In general.--Not later than January 1,
2012, the Secretary shall publish performance-
based standards for walk-in coolers and walk-in
freezers that achieve the maximum improvement
in energy that the Secretary determines is
technologically feasible and economically
justified.
(B) Application.--
(i) In general.--Except as provided
in clause (ii), the standards shall
apply to products described in
subparagraph (A) that are manufactured
beginning on the date that is 3 years
after the final rule is published.
(ii) Delayed effective date.--If the
Secretary determines, by rule, that a
3-year period is inadequate, the
Secretary may establish an effective
date for products manufactured
beginning on the date that is not more
than 5 years after the date of
publication of a final rule for the
products.
(5) Amendment of standards.--
(A) In general.--Not later than January 1,
2020, the Secretary shall publish a final rule
to determine if the standards established under
paragraph (4) should be amended.
(B) Application.--
(i) In general.--Except as provided
in clause (ii), the rule shall provide
that the standards shall apply to
products manufactured beginning on the
date that is 3 years after the final
rule is published.
(ii) Delayed effective date.--If the
Secretary determines, by rule, that a
3-year period is inadequate, the
Secretary may establish an effective
date for products manufactured
beginning on the date that is not more
than 5 years after the date of
publication of a final rule for the
products.
(6) Innovative component technologies.--Subparagraph
(C) of paragraph (1) shall not apply to a walk-in
cooler or walk-in freezer component if the component
manufacturer has demonstrated to the satisfaction of
the Secretary that the component reduces energy
consumption at least as much as if such subparagraph
were to apply. In support of any demonstration under
this paragraph, a manufacturer shall provide to the
Secretary all data and technical information necessary
to fully evaluate its application.
(g) Lighting Power Supply Circuits.--If the Secretary,
acting pursuant to section 341(b), includes as a covered
equipment solid state lighting power supply circuits, drivers,
or devices described in section 321(36)(A)(ii), the Secretary
may prescribe under this part, not earlier than 1 year after
the date on which a test procedure has been prescribed, an
energy conservation standard for such equipment.
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