Update: Status of New Federal Energy Conservation Standards

Arlene Haas, JD

Posted by Arlene Haas, JD

We are providing an update on six new energy conservation standards relevant to the building industry that the United States Department of Energy (DOE) delayed in response to directives by the Trump administration. In an April 2017 blog post, we highlighted important energy efficiency requirements DOE froze when they were close to completion. Now, largely due to litigation, all these rules have been fully adopted or are moving closer to being effective.

lit_lightbulb_between_hands_by_riccardo_annandale.jpgPhoto by Riccardo Annandale

Most recently, the United States District Court for the Northern District of California ordered DOE to publish in the Federal Register four of the energy standards as final rules. The energy conservation standards for portable air conditioners, uninterruptible power supplies, air compressors, and commercial package boilers had already proceeded through the entire rulemaking process by the end of 2016. After the period provided for rule error correction, DOE never published the standards as a final rule, the last step before they become effective.

Various environmental organizations and states sent DOE 60-day notice letters in April 2017, informing DOE that they planned to file a lawsuit if these four energy conservation standards, as well as the those for walk-in coolers and freezer refrigeration systems were not published. Only the rules for Energy Conservation Standards for Walk-In Cooler and Freezer Refrigeration Systems appeared in the Federal Register on July 10, 2017.

These same organizations subsequently sued DOE under the Energy Policy and Conservation Act to compel the department to submit the rules for publication. On February 15, 2018, the district court decided DOE had breached its duty and ordered DOE to publish the rules within 28 days. It should be noted that DOE could choose to appeal and file a motion for a stay of the ruling.

Our April 2017 post also discussed DOE’s delaying of the Energy Conservation Standards for Ceiling Fans’ effective date. In response, several organizations and attorneys general for 10 states and the City of New York filed petitions for review in federal court. DOE published confirmation in the May 24, 2017, Federal Register that the effective date for the standards was September 30, 2017, and the deadline for compliance still remained January 21, 2020, as stated in the original rule.

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Why did the DOE delay these six energy conservation standards in the first place?
The Trump administration directed DOE to freeze energy efficiency rules that had already made it through the rulemaking process by the end of 2016 but hadn't yet been formally published in the Federal Register - the final step needed to make them legally enforceable. The standards covered portable air conditioners, uninterruptible power supplies, air compressors, commercial packaged boilers, walk-in coolers and freezers, and ceiling fans.
What forced DOE to finally publish the delayed standards?
A coalition of environmental groups and state attorneys general sued DOE, arguing it had a legal duty under the Energy Policy and Conservation Act to publish the rules. On February 15, 2018, a federal district court in Northern California agreed, ruling that DOE had breached its duty and ordering the agency to publish four of the standards within 28 days.
What happened to the ceiling fan efficiency standards specifically?
The ceiling fan standards followed a slightly different path - after DOE delayed the effective date, several states and New York City filed petitions for review in federal court. DOE ultimately confirmed a new effective date of September 30, 2017, while keeping the original compliance deadline of January 21, 2020 intact.
Which standards were published first, and which came later through the lawsuit?
The walk-in cooler and freezer refrigeration standards were the first to make it into the Federal Register, published back in July 2017. The remaining four - portable air conditioners, uninterruptible power supplies, air compressors, and commercial packaged boilers - only got published after the court order in early 2018, following a lawsuit brought under the Energy Policy and Conservation Act.
Could DOE have avoided publishing these standards even after the court order?
Yes, technically - DOE retained the option to appeal the ruling or file a motion to stay it, which could have further delayed publication. That said, the standards did ultimately move forward, and the portable air conditioner standard, for example, became final in January 2020 with a compliance deadline of January 2025.
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