{"description":"Documents matching '\"waiver of Federal preemption\"' and from Energy Department","count":8,"total_pages":1,"results":[{"title":"Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters","type":"Rule","abstract":"In response to a petition for rulemaking submitted on October 18, 2018 (Gas Industry Petition), the Department of Energy (DOE or the Department) published that petition in the Federal Register on November 1, 2018, for public review and input. DOE subsequently published in the Federal Register a proposed interpretive rule on July 11, 2019, and a supplemental notice of proposed interpretive rule on September 24, 2020. After carefully considering the public comments on its proposals, DOE has decided to issue a final interpretive rule determining that, in the context of residential furnaces, commercial water heaters, and similarly-situated products/equipment, use of non-condensing technology (and associated venting) constitute a performance-related \"feature\" under the Energy Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of an energy conservation standard. In light of this final interpretation, published elsewhere in this issue of the Federal Register, DOE withdraws its March 12, 2015 proposed rule and September 23, 2016 supplemental proposed rule for energy conservation standards for non-weatherized gas furnace and mobile home gas furnaces, as well as its May 31, 2016 proposed rule for energy conservation standards for commercial water heating equipment.","document_number":"2020-28956","html_url":"https://www.federalregister.gov/documents/2021/01/15/2020-28956/energy-conservation-program-for-appliance-standards-energy-conservation-standards-for-residential","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2020-28956.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2020-28956.pdf?1610631927","publication_date":"2021-01-15","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"}],"excerpts":"conservation standards rulemakings in conformity with this final interpretation and all other statutory requirements, and as such, standards resulting from those rulemakings will be entitled to their full preemptive effect under the law. EPCA does permit States to seek a <span class=\"match\">waiver of Federal preemption</span> under 42 U.S.C. 6297(d), but to obtain such a waiver, a State must show by a preponderance of the evidence that a separate State regulation is needed to meet unusual and compelling State or local energy and water interests (which must be substantially different"},{"title":"Energy Conservation Program: Test Procedures for Compressors","type":"Rule","abstract":"On May 5, 2016, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) to establish new test procedures for certain varieties of compressors. That proposed rulemaking serves as the basis for the final rule. This final rule establishes definitions, materials incorporated by reference, sampling plans, representations requirements, enforcement provisions, and test procedures for certain varieties of compressors. Specifically, this final rule establishes full-load package isentropic efficiency as the applicable energy metric for certain fixed-speed compressors and part- load package isentropic efficiency as the applicable energy metric for certain variable-speed compressors. Finally, this final rule incorporates by reference certain sections of the ISO Standard 1217:2009(E), (ISO 1217:2009(E)), \"Displacement compressors-- Acceptance tests,\" as amended through Amendment 1:2016, as the basis for a test method for determining compressor efficiency. ISO 1217:2009(E) includes a test method for measuring compressor inlet and discharge pressures, actual volume flow rate, electrical input power, package isentropic efficiency, and other compressor performance metrics. This final rule also adopts certain modifications and additions to ISO 1217:2009(E) to increase the specificity of certain testing methods established in ISO 1217:2009(E) and improve the repeatability of tested and measured values.","document_number":"2016-29427","html_url":"https://www.federalregister.gov/documents/2017/01/04/2016-29427/energy-conservation-program-test-procedures-for-compressors","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2017-01-04/pdf/2016-29427.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2016-29427.pdf?1483451123","publication_date":"2017-01-04","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"}],"excerpts":"distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this final rule. States can petition DOE for a <span class=\"match\">waiver of Federal preemption</span> to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d) 6316(a)) No further action is required by Executive Order 13132. \n F. Review Under Executive Order 12988 \n Regarding the review of existing regulations and the promulgation of new regulations"},{"title":"Energy Efficiency Program for Consumer Products: Waiver of Federal Preemption of State Regulations Concerning the Water Use or Water Efficiency of Showerheads, Faucets, Water Closets and Urinals","type":"Rule","abstract":"The U.S Department of Energy (DOE) waives the general rule of Federal preemption for energy conservation standards under 42 U.S.C. 6297(c) with respect to any State regulation concerning the water use or water efficiency of faucets, showerheads, water closets and urinals if such State regulation is: More stringent than Federal regulation concerning the water use or water efficiency for that same type or class of product; and applicable to any sale or installation of all products in that particular type or class.","document_number":"2010-32116","html_url":"https://www.federalregister.gov/documents/2010/12/22/2010-32116/energy-efficiency-program-for-consumer-products-waiver-of-federal-preemption-of-state-regulations","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2010-12-22/pdf/2010-32116.pdf","public_inspection_pdf_url":null,"publication_date":"2010-12-22","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"}],"excerpts":""},{"title":"Energy Efficiency Program for Consumer Products: California Energy Commission Petition for Exemption From Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers","type":"Notice","abstract":"The Department of Energy (hereafter \"DOE\") announces its denial, and the reasons therefore, of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers (hereafter \"California Petition\").","document_number":"E6-22270","html_url":"https://www.federalregister.gov/documents/2006/12/28/E6-22270/energy-efficiency-program-for-consumer-products-california-energy-commission-petition-for-exemption","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2006-12-28/pdf/E6-22270.pdf","public_inspection_pdf_url":null,"publication_date":"2006-12-28","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"},{"raw_name":"Office of Energy Efficiency and Renewable Energy","name":"Energy Efficiency and Renewable Energy Office","id":137,"url":"https://www.federalregister.gov/agencies/energy-efficiency-and-renewable-energy-office","json_url":"https://www.federalregister.gov/api/v1/agencies/137","parent_id":136,"slug":"energy-efficiency-and-renewable-energy-office"}],"excerpts":"State laws or regulations. (42 U.S.C. 6297(d)) Section 327(d)(1)(A) of EPCA provides that any State or river basin commission with a State regulation regarding energy use, energy efficiency, or water use requirements for products regulated by DOE may petition for a <span class=\"match\">waiver of Federal preemption</span> and seek to apply its own State regulation. (42 U.S.C. 6297(d)(1)(A)) Regulations implementing the statutory provisions regarding petitions for waiver from Federal preemption are codified at 10 CFR part 430 subpart D. \n Section 327(d)(1)(B) of EPCA requires a petitioner"},{"title":"Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces and Boilers","type":"Proposed Rule","abstract":"The Energy Policy and Conservation Act (EPCA or the Act) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, and requires the Department of Energy (DOE or the Department) to determine if amendments to increase the stringency of the standards are technologically feasible and economically justified, and if they would save a significant amount of energy. In this notice, the Department is proposing to amend the energy conservation standards for residential furnaces and boilers and is announcing a public meeting.","document_number":"06-8431","html_url":"https://www.federalregister.gov/documents/2006/10/06/06-8431/energy-conservation-program-for-consumer-products-energy-conservation-standards-for-residential","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2006-10-06/pdf/06-8431.pdf","public_inspection_pdf_url":null,"publication_date":"2006-10-06","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"},{"raw_name":"Office of Energy Efficiency and Renewable Energy","name":"Energy Efficiency and Renewable Energy Office","id":137,"url":"https://www.federalregister.gov/agencies/energy-efficiency-and-renewable-energy-office","json_url":"https://www.federalregister.gov/api/v1/agencies/137","parent_id":136,"slug":"energy-efficiency-and-renewable-energy-office"}],"excerpts":"69 FR 45419. None of the comments received in response to the 2004 ANOPR provided a basis for changing that determination. \n However, the Department notes that EPCA allows states to seek from the Department a <span class=\"match\">waiver of Federal preemption</span> of state or local energy conservation standards. Section 327(d) of EPCA, “<span class=\"match\">Waiver of Federal Preemption</span>,” states that, “Any State * * * with a State regulation which provides for any energy conservation standard * * * for any type * * * of covered product for which there is a Federal energy conservation standard"},{"title":"Energy Efficiency Program for Consumer Products: California Energy Commission Petition for Exemption From Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers","type":"Proposed Rule","abstract":"The Department of Energy (hereafter \"the Department\") announces the filing of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers (hereafter \"California Petition\"). To help the Department evaluate the California Petition's request, the Department invites interested members of the public to submit comments they may have on the California Petition and information related to the evaluation factors outlined in the Energy Policy and Conservation Act.","document_number":"06-1041","html_url":"https://www.federalregister.gov/documents/2006/02/06/06-1041/energy-efficiency-program-for-consumer-products-california-energy-commission-petition-for-exemption","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2006-02-06/pdf/06-1041.pdf","public_inspection_pdf_url":null,"publication_date":"2006-02-06","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"},{"raw_name":"Office of Energy Efficiency and Renewable Energy","name":"Energy Efficiency and Renewable Energy Office","id":137,"url":"https://www.federalregister.gov/agencies/energy-efficiency-and-renewable-energy-office","json_url":"https://www.federalregister.gov/api/v1/agencies/137","parent_id":136,"slug":"energy-efficiency-and-renewable-energy-office"}],"excerpts":"Independence Avenue, SW., Washington, DC 20585, (202) 586-9507, e-mail: \n Thomas.DePriest@hq.doe.gov. \n \n \n \n \n SUPPLEMENTARY INFORMATION: \n \n I. Introduction \n A. Authority \n B. Background \n 1. Department Rulemakings Regarding Clothes Washers \n 2. California Petition for <span class=\"match\">Waiver of Federal Preemption</span> and Summary of State Regulation \n 3. Factors to Consider in Granting or Declining an Exemption \n II. Discussion \n A. Summary of Reasons for Petition \n B. Issues on which the Department Seeks Comment \n C. Submission of Comments \n \n I. Introduction \n A. Authority"},{"title":"Energy Conservation Program for Consumer Products; Central Air Conditioners and Heat Pumps Energy Conservation Standards","type":"Rule","abstract":"The Department of Energy (DOE) today amends the existing energy conservation standards for central air conditioners and heat pumps by raising the minimum energy efficiency levels by 20 percent for most central air conditioners and heat pumps, with somewhat lower levels for certain space-constrained products. DOE also today withdraws a final rule, published on January 22, 2001, that would have established even higher standards. DOE has determined that the standards in the January 22 final rule, which never became effective, are not economically justified under the Energy Policy and Conservation Act (EPCA). Finally, DOE adopts provisions that clarify the point in time at which DOE's discretion to amend standards becomes limited under EPCA.","document_number":"02-12680","html_url":"https://www.federalregister.gov/documents/2002/05/23/02-12680/energy-conservation-program-for-consumer-products-central-air-conditioners-and-heat-pumps-energy","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2002-05-23/pdf/02-12680.pdf","public_inspection_pdf_url":null,"publication_date":"2002-05-23","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"},{"raw_name":"Office of Energy Efficiency and Renewable Energy","name":"Energy Efficiency and Renewable Energy Office","id":137,"url":"https://www.federalregister.gov/agencies/energy-efficiency-and-renewable-energy-office","json_url":"https://www.federalregister.gov/api/v1/agencies/137","parent_id":136,"slug":"energy-efficiency-and-renewable-energy-office"}],"excerpts":"fails to implement a 13 SEER standard, then ERC member States will seek a waiver from the Federal standard and implement the \n \n higher standard at the State level, as the States of California and Oregon are currently doing. ERC goes on to quote 42 U.S.C. 6297(d) “<span class=\"match\">Waiver of Federal Preemption</span>” where it states that “Any state * * * which provides for any energy conservation standard for any type of covered product for which there is a Federal energy conservation standard * * * may file a petition with the Secretary (of Energy) requesting that such State"},{"title":"Energy Conservation Program for Consumer Products: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers and Freezers","type":"Rule","abstract":"The Department of Energy (DOE or Department) today promulgates revised energy conservation standards for refrigerators, refrigerator- freezers, and freezers. This action is expected to result in substantial energy savings, with consequent benefits to consumers and reductions in emissions of air pollutants.","document_number":"97-10888","html_url":"https://www.federalregister.gov/documents/1997/04/28/97-10888/energy-conservation-program-for-consumer-products-energy-conservation-standards-for-refrigerators","pdf_url":"https://www.govinfo.gov/content/pkg/FR-1997-04-28/pdf/97-10888.pdf","public_inspection_pdf_url":null,"publication_date":"1997-04-28","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"},{"raw_name":"Office of Energy Efficiency and Renewable Energy","name":"Energy Efficiency and Renewable Energy Office","id":137,"url":"https://www.federalregister.gov/agencies/energy-efficiency-and-renewable-energy-office","json_url":"https://www.federalregister.gov/api/v1/agencies/137","parent_id":136,"slug":"energy-efficiency-and-renewable-energy-office"}],"excerpts":"resulting from the existing regulations. Thus, DOE has concluded that \nthere is no net effect sufficient to warrant preparation of a \nFederalism assessment. Moreover, if any such state regulations are \nadopted, the Act provides for subsequent state petitions for <span class=\"match\">waiver of \nFederal preemption</span>.\n\nF. ``Takings'' Assessment Review\n\n    DOE has determined pursuant to Executive Order 12630, 53 FR 8859 \n(March 18, 1988), that this regulation would not result in any takings \nwhich might require compensation under the Fifth Amendment to the U.S. \nConstitution"}]}