42 U.S.C. § 6295 : US Code - Section 6295: Energy conservation standards

    (a) Purposes
      The purposes of this section are to - 
        (1) provide Federal energy conservation standards applicable to
      covered products; and
        (2) authorize the Secretary to prescribe amended or new energy
      conservation standards for each type (or class) of covered
      product.
    (b) Standards for refrigerators, refrigerator-freezers, and
      freezers
      (1) The following is the maximum energy use allowed in kilowatt
    hours per year for the following products (other than those
    described in paragraph (2)) manufactured on or after January 1,
    1990:


                                                              ergy      
                                                            Standards   
                                                            Equations   
    --------------------------------------------------------------------
    Refrigerators and Refrigerator-Freezers with             16.3 AV+316
     manual defrost                                                     
    Refrigerator-Freezers - partial automatic                21.8 AV+429
     defrost                                                            
    Refrigerator-Freezers - automatic defrost with:                     
      Top mounted freezer without ice                        23.5 AV+471
      Side mounted freezer without ice                       27.7 AV+488
      Bottom mounted freezer without ice                     27.7 AV+488
      Top mounted freezer with through the door ice          26.4 AV+535
       service                                                          
      Side mounted freezer with through the door ice         30.9 AV+547
    Upright Freezers with:                                              
      Manual defrost                                         10.9 AV+422
      Automatic defrost                                      16.0 AV+623
    Chest Freezers and all other freezers                    14.8 AV+223
    --------------------------------------------------------------------

      (2) The standards described in paragraph (1) do not apply to
    refrigerators and refrigerator-freezers with total refrigerated
    volume exceeding 39 cubic feet or freezers with total refrigerated
    volume exceeding 30 cubic feet.
      (3)(A)(i) The Secretary shall publish a proposed rule, no later
    than July 1, 1988, to determine if the standards established by
    paragraph (1) should be amended. The Secretary shall publish a
    final rule no later than July 1, 1989, which shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after January 1, 1993. If such a final
    rule is not published before January 1, 1990, any amendment of such
    standards shall apply to products manufactured on or after January
    1, 1995. Nothing in this subsection provides any justification or
    defense for a failure by the Secretary to comply with the
    nondiscretionary duty to publish final rules by the dates stated in
    this paragraph.
      (ii)(I) If the Secretary does not publish a final rule before
    January 1, 1990, relating to the revision of the energy
    conservation standards for refrigerators, refrigerator-freezers and
    freezers, the regulations which established standards for such
    products and were promulgated by the California Energy Commission
    on December 14, 1984, to be effective January 1, 1992 (or any
    amendments to such standards that are not more stringent than the
    standards in the original regulations), shall apply in California
    to such products, effective beginning January 1, 1993, and shall
    not be preempted after such effective date by any energy
    conservation standard established in this section or prescribed, on
    or after January 1, 1990, under this section.
      (II) If the Secretary does not publish a final rule before
    January 1, 1992, relating to the revision of the energy
    conservation standards for refrigerators, refrigerator-freezers and
    freezers, State regulations which apply to such products
    manufactured on or after January 1, 1995, shall apply to such
    products until the effective date of a rule issued under this
    section with respect to such products.
      (B) After the publication of a final rule under subparagraph (A),
    the Secretary shall publish a final rule no later than five years
    after the date of publication of the previous final rule. The
    Secretary shall determine in such rule whether to amend the
    standards in effect for the products described in paragraph (1).
      (C) Any amendment prescribed under subparagraph (B) shall apply
    to products manufactured after a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standards,
      the earliest date by which the previous amendment could have been
      effective;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such amended standard.
      (4) Refrigerators and freezers manufactured on or after january
    1, 2014. - 
        (A) In general. - Not later than December 31, 2010, the
      Secretary shall publish a final rule determining whether to amend
      the standards in effect for refrigerators, refrigerator-freezers,
      and freezers manufactured on or after January 1, 2014.
        (B) Amended standards. - The final rule shall contain any
      amended standards.
    (c) Standards for room air conditioners
      (1) The energy efficiency ratio of room air conditioners shall be
    not less than the following for products manufactured on or after
    January 1, 1990:


                         Product Class:                            tio  
    --------------------------------------------------------------------
      Without Reverse Cycle and With Louvered Sides:                    
          Less than 6,000 Btu                                        8.0
          6,000 to 7,999 Btu                                         8.5
          8,000 to 13,999 Btu                                        9.0
          14,000 to 19,999 Btu                                       8.8
          20,000 and more Btu                                        8.2
      Without Reverse Cycle and Without Louvered Sides:                 
          Less than 6,000 Btu                                        8.0
          6,000 to 7,999 Btu                                         8.5
          8,000 to 13,999 Btu                                        8.5
          14,000 to 19,999 Btu                                       8.5
          20,000 and more Btu                                        8.2
      With Reverse Cycle and With Louvered Sides                     8.5
      With Reverse Cycle, Without Louvered Sides                     8.0
    --------------------------------------------------------------------

      (2)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine if the standards established under
    paragraph (1) should be amended. Such rule shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after January 1, 1995.
      (B) After January 1, 1992, the Secretary shall publish a final
    rule no later than five years after the date of publication of a
    previous final rule. The Secretary shall determine in such rule
    whether to amend the standards in effect for room air conditioners.
      (C) Any amendment prescribed under subparagraph (B) shall apply
    to products manufactured after a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standards,
      the earliest date by which a previous amendment could have been
      effective;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such amended standard.
    (d) Standards for central air conditioners and heat pumps
      (1) The seasonal energy efficiency ratio of central air
    conditioners and central air conditioning heat pumps shall be not
    less than the following:
        (A) Split Systems: 10.0 for products manufactured on or after
      January 1, 1992.
        (B) Single Package Systems: 9.7 for products manufactured on or
      after January 1, 1993.

      (2) The heating seasonal performance factor of central air
    conditioning heat pumps shall be not less than the following:
        (A) Split Systems: 6.8 for products manufactured on or after
      January 1, 1992.
        (B) Single Package Systems: 6.6 for products manufactured on or
      after January 1, 1993.

      (3)(A) The Secretary shall publish a final rule no later than
    January 1, 1994, to determine whether the standards established
    under paragraph (1) should be amended. Such rule shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after January 1, 1999. The Secretary
    shall publish a final rule no later than January 1, 1994, to
    determine whether the standards established under paragraph (2)
    shall be amended. Such rule shall contain such amendment, if any,
    and provide that the amendment shall apply to products manufactured
    on or after January 1, 2002.
      (B) The Secretary shall publish a final rule after January 1,
    1994, and no later than January 1, 2001, to determine whether the
    standards in effect for central air conditioners and central air
    conditioning heat pumps should be amended. Such rule shall provide
    that any amendment shall apply to products manufactured on or after
    January 1, 2006.
    (e) Standards for water heaters; pool heaters; direct heating
      equipment
      (1) The energy factor of water heaters shall be not less than the
    following for products manufactured on or after January 1, 1990:


    (A) Gas Water Heater:           .62-(.0019 x Rated Storage Volume   
                                     in gallons)                        
    (B) Oil Water Heater:           .59-(.0019 x Rated Storage Volume   
                                     in gallons)                        
    (C) Electric Water Heater:      .95-(.00132 x Rated Storage Volume  
                                     in gallons)                        
    --------------------------------------------------------------------

      (2) The thermal efficiency of pool heaters manufactured on or
    after January 1, 1990, shall not be less than 78 percent.
      (3) The efficiencies of gas direct heating equipment manufactured
    on or after January 1, 1990, shall be not less than the following:


    Wall                                                                
      Fan type                                                          
        Up to 42,000 Btu/hour                                   73% AFUE
        Over 42,000 Btu/hour                                    74% AFUE
      Gravity type                                                      
        Up to 10,000 Btu/hour                                   59% AFUE
        Over 10,000 Btu/hour up to 12,000 Btu/hour              60% AFUE
        Over 12,000 Btu/hour up to 15,000 Btu/hour              61% AFUE
        Over 15,000 Btu/hour up to 19,000 Btu/hour              62% AFUE
        Over 19,000 Btu/hour up to 27,000 Btu/hour              63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour              64% AFUE
        Over 46,000 Btu/hour                                    65% AFUE
    Floor                                                               
        Up to 37,000 Btu/hour                                   56% AFUE
        Over 37,000 Btu/hour                                    57% AFUE
    Room                                                                
        Up to 18,000 Btu/hour                                   57% AFUE
        Over 18,000 Btu/hour up to 20,000 Btu/hour              58% AFUE
        Over 20,000 Btu/hour up to 27,000 Btu/hour              63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour              64% AFUE
        Over 46,000 Btu/hour                                    65% AFUE
    --------------------------------------------------------------------

      (4)(A) The Secretary shall publish final rules no later than
    January 1, 1992, to determine whether the standards established by
    paragraph (1), (2), or (3) for water heaters, pool heaters, and
    direct heating equipment should be amended. Such rule shall provide
    that any amendment shall apply to products manufactured on or after
    January 1, 1995.
      (B) The Secretary shall publish a final rule no later than
    January 1, 2000, to determine whether standards in effect for such
    products should be amended. Such rule shall provide that any such
    amendment shall apply to products manufactured on or after January
    1, 2005.
    (f) Standards for furnaces and boilers
      (1) Furnaces (other than furnaces designed solely for
    installation in mobile homes) manufactured on or after January 1,
    1992, shall have an annual fuel utilization efficiency of not less
    than 78 percent, except that - 
        (A) boilers (other than gas steam boilers) shall have an annual
      fuel utilization efficiency of not less than 80 percent and gas
      steam boilers shall have an annual fuel utilization efficiency of
      not less than 75 percent; and
        (B) the Secretary shall prescribe a final rule not later than
      January 1, 1989, establishing an energy conservation standard - 
          (i) which is for furnaces (other than furnaces designed
        solely for installation in mobile homes) having an input of
        less than 45,000 Btu per hour and manufactured on or after
        January 1, 1992;
          (ii) which provides that the annual fuel utilization
        efficiency of such furnaces shall be a specific percent which
        is not less than 71 percent and not more than 78 percent; and
          (iii) which the Secretary determines is not likely to result
        in a significant shift from gas heating to electric resistance
        heating with respect to either residential construction or
        furnace replacement.

      (2) Furnaces which are designed solely for installation in mobile
    homes and which are manufactured on or after September 1, 1990,
    shall have an annual fuel utilization efficiency of not less than
    75 percent.
      (3) Boilers. - 
        (A) In general. - Subject to subparagraphs (B) and (C), boilers
      manufactured on or after September 1, 2012, shall meet the
      following requirements:


         Boiler Type         Minimum Annual Fuel     Design Requirements
                                 Utilization                            
                                 Efficiency                             
    --------------------------------------------------------------------
    Gas Hot Water                   82%            No Constant Burning
                                                      Pilot, Automatic  
                                                    Means for Adjusting
                                                     Water Temperature 
    Gas Steam                       80%            No Constant Burning
                                                           Pilot       
    Oil Hot Water                   84%            Automatic Means for
                                                         Adjusting     
                                                        Temperature    
    Oil Steam                       82%                    None        
    --------------------------------------------------------------------
    Electric Hot Water              None            Automatic Means for
                                                         Adjusting     
                                                        Temperature    
    Electric Steam                  None                    None        
    --------------------------------------------------------------------

        (B) Automatic means for adjusting water temperature. - 
          (i) In general. - The manufacturer shall equip each gas, oil,
        and electric hot water boiler (other than a boiler equipped
        with a tankless domestic water heating coil) with automatic
        means for adjusting the temperature of the water supplied by
        the boiler to ensure that an incremental change in inferred
        heat load produces a corresponding incremental change in the
        temperature of water supplied.
          (ii) Single input rate. - For a boiler that fires at 1 input
        rate, the requirements of this subparagraph may be satisfied by
        providing an automatic means that allows the burner or heating
        element to fire only when the means has determined that the
        inferred heat load cannot be met by the residual heat of the
        water in the system.
          (iii) No inferred heat load. - When there is no inferred heat
        load with respect to a hot water boiler, the automatic means
        described in clauses (i) and (ii) shall limit the temperature
        of the water in the boiler to not more than 140 degrees
        Fahrenheit.
          (iv) Operation. - A boiler described in clause (i) or (ii)
        shall be operable only when the automatic means described in
        clauses (i), (ii), and (iii) is installed.

        (C) Exception. - A boiler that is manufactured to operate
      without any need for electricity or any electric connection,
      electric gauges, electric pumps, electric wires, or electric
      devices shall not be required to meet the requirements of this
      paragraph.

      (4)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine whether the standards established by
    paragraph (2) for mobile home furnaces should be amended. Such rule
    shall provide that any amendment shall apply to products
    manufactured on or after January 1, 1994.
      (B) The Secretary shall publish a final rule no later than
    January 1, 1994, to determine whether the standards established by
    this subsection for furnaces (including mobile home furnaces)
    should be amended. Such rule shall provide that any amendment shall
    apply to products manufactured on or after January 1, 2002.
      (C) After January 1, 1997, and before January 1, 2007, the
    Secretary shall publish a final rule to determine whether standards
    in effect for such products should be amended. Such rule shall
    contain such amendment, if any, and provide that any amendment
    shall apply to products manufactured on or after January 1, 2012.
      (D) Notwithstanding any other provision of this chapter, if the
    requirements of subsection (o) of this section are met, not later
    than December 31, 2013, the Secretary shall consider and prescribe
    energy conservation standards or energy use standards for
    electricity used for purposes of circulating air through duct work.
    (g) Standards for dishwashers; clothes washers; clothes dryers;
      fluorescent lamp ballasts
      (1) Dishwashers manufactured on or after January 1, 1988, shall
    be equipped with an option to dry without heat.
      (2) All rinse cycles of clothes washers shall include an unheated
    water option, but may have a heated water rinse option, for
    products manufactured on or after January 1, 1988.
      (3) Gas clothes dryers shall not be equipped with a constant
    burning pilot for products manufactured on or after January 1,
    1988.
      (4)(A) The Secretary shall publish final rules no later than
    January 1, 1990, to determine if the standards established under
    this subsection for products described in paragraphs (1), (2), and
    (3) should be amended. Such rules shall provide that any amendment
    shall apply to products the manufacture of which is completed on or
    after January 1, 1993.
      (B) After January 1, 1990, the Secretary shall publish a final
    rule no later than five years after the date of publication of the
    previous final rule. The Secretary shall determine in such rule
    whether to amend the standards in effect for such products.
      (C) Any such amendment shall apply to products manufactured after
    a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standard, the
      earliest date by which a previous amendment could have been in
      effect;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such standard.
      (5) Except as provided in paragraph (6), each fluorescent lamp
    ballast - 
        (A)(i) manufactured on or after January 1, 1990;
        (ii) sold by the manufacturer on or after April 1, 1990; or
        (iii) incorporated into a luminaire by a luminaire manufacturer
      on or after April 1, 1991; and
        (B) designed - 
          (i) to operate at nominal input voltages of 120 or 277 volts;
          (ii) to operate with an input current frequency of 60 Hertz;
        and
          (iii) for use in connection with an F40T12, F96T12, or
        F96T12HO lamps;

    shall have a power factor of 0.90 or greater and shall have a
    ballast efficacy factor not less than the following:


          Application for           Ballast        Total         Ballast  
            Operation of             Input        Nominal       Efficacy  
                                    Voltage      Lamp Watts      Factor   
    --------------------------------------------------------------------
    one F40T12 lamp                       120             40         1.805
                                          277             40         1.805
    two F40T12 lamps                      120             80         1.060
                                          277             80         1.050
    two F96T12 lamps                      120            150         0.570
                                          277            150         0.570
    two F96T12HO lamps                    120            220         0.390
                                          277            220         0.390
    --------------------------------------------------------------------

      (6) The standards described in paragraph (5) do not apply to (A)
    a ballast which is designed for dimming or for use in ambient
    temperatures of 0º F or less, or (B) a
    ballast which has a power factor of less than 0.90 and is designed
    and labeled for use only in residential building applications.
      (7)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine if the standards established under
    paragraph (5) should be amended, including whether such standards
    should be amended so that they would be applicable to ballasts
    described in paragraph (6) and other fluorescent lamp ballasts.
    Such rule shall contain such amendment, if any, and provide that
    the amendment shall apply to products manufactured on or after
    January 1, 1995.
      (B) After January 1, 1992, the Secretary shall publish a final
    rule no later than five years after the date of publication of a
    previous final rule. The Secretary shall determine in such rule
    whether to amend the standards in effect for fluorescent lamp
    ballasts, including whether such standards should be amended so
    that they would be applicable to additional fluorescent lamp
    ballasts.
      (C) Any amendment prescribed under subparagraph (B) shall apply
    to products manufactured after a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standards,
      the earliest date by which a previous amendment could have been
      effective;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such amended standard.
      (8)(A) Each fluorescent lamp ballast (other than replacement
    ballasts or ballasts described in subparagraph (C)) - 
        (i)(I) manufactured on or after July 1, 2009;
        (II) sold by the manufacturer on or after October 1, 2009; or
        (III) incorporated into a luminaire by a luminaire manufacturer
      on or after July 1, 2010; and
        (ii) designed - 
          (I) to operate at nominal input voltages of 120 or 277 volts;
          (II) to operate with an input current frequency of 60 Hertz;
        and
          (III) for use in connection with F34T12 lamps, F96T12/ES
        lamps, or F96T12HO/ES lamps;

    shall have a power factor of 0.90 or greater and shall have a
    ballast efficacy factor of not less than the following:


       Application for operation of       Ballast      Total      Ballast 
                                           input      nominal    efficacy 
                                          voltage      lamp       factor  
                                                       watts              
    --------------------------------------------------------------------
    One F34T12 lamp                     120/277     34          2.61      
    Two F34T12 lamps                    120/277     68          1.35      
    Two F96T12/ES lamps                 120/277     120         0.77      
    Two F96T12HO/ES lamps               120/277     190         0.42.     
    --------------------------------------------------------------------

      (B) The standards described in subparagraph (A) shall apply to
    all ballasts covered by subparagraph (A)(ii) that are manufactured
    on or after July 1, 2010, or sold by the manufacturer on or after
    October 1, 2010.
      (C) The standards described in subparagraph (A) do not apply to -
    
        (i) a ballast that is designed for dimming to 50 percent or
      less of the maximum output of the ballast;
        (ii) a ballast that is designed for use with 2 F96T12HO lamps
      at ambient temperatures of 20ºF or less
      and for use in an outdoor sign; or
        (iii) a ballast that has a power factor of less than 0.90 and
      is designed and labeled for use only in residential applications.

      (9) Residential clothes washers manufactured on or after january
    1, 2011. - 
        (A) In general. - A top-loading or front-loading standard-size
      residential clothes washer manufactured on or after January 1,
      2011, shall have - 
          (i) a Modified Energy Factor of at least 1.26; and
          (ii) a water factor of not more than 9.5.

        (B) Amendment of standards. - 
          (i) In general. - Not later than December 31, 2011, the
        Secretary shall publish a final rule determining whether to
        amend the standards in effect for clothes washers manufactured
        on or after January 1, 2015.
          (ii) Amended standards. - The final rule shall contain any
        amended standards.

      (10) Residential dishwashers manufactured on or after january 1,
    2010. - 
        (A) In general. - A dishwasher manufactured on or after January
      1, 2010, shall - 
          (i) for a standard size dishwasher not exceed 355 kWh/year
        and 6.5 gallons per cycle; and
          (ii) for a compact size dishwasher not exceed 260 kWh/year
        and 4.5 gallons per cycle.

        (B) Amendment of standards. - 
          (i) In general. - Not later than January 1, 2015, the
        Secretary shall publish a final rule determining whether to
        amend the standards for dishwashers manufactured on or after
        January 1, 2018.
          (ii) Amended standards. - The final rule shall contain any
        amended standards.
    (h) Standards for kitchen ranges and ovens
      (1) Gas kitchen ranges and ovens having an electrical supply cord
    shall not be equipped with a constant burning pilot for products
    manufactured on or after January 1, 1990.
      (2)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine if the standards established for
    kitchen ranges and ovens in this subsection should be amended. Such
    rule shall contain such amendment, if any, and provide that the
    amendment shall apply to products manufactured on or after January
    1, 1995.
      (B) The Secretary shall publish a final rule no later than
    January 1, 1997, to determine whether standards in effect for such
    products should be amended. Such rule shall apply to products
    manufactured on or after January 1, 2000.
    (i) General service fluorescent lamps, general service incandescent
      lamps, intermediate base incandescent lamps, candelabra base
      incandescent lamps, and incandescent reflector lamps
      (1) Standards. - 
        (A) Definition of effective date. - In this paragraph (other
      than subparagraph (D)), the term "effective date" means, with
      respect to each type of lamp specified in a table contained in
      subparagraph (B), the last day of the period of months
      corresponding to that type of lamp (as specified in the table)
      that follows October 24, 1992.
        (B) Minimum standards. - Each of the following general service
      fluorescent lamps and incandescent reflector lamps manufactured
      after the effective date specified in the tables contained in
      this paragraph shall meet or exceed the following lamp efficacy
      and CRI standards:



                             FLUORESCENT LAMPS                         
    --------------------------------------------------------------------
       Nominal Lamp   Minimum CRI      Minimum Average Lamp      Effective 
         Wattage                          Efficacy (LPW)           Date    
                                                                (Period of 
                                                                  Months)  
    --------------------------------------------------------------------
           >35 W             69                       75.0            36
                ≤35 W             45                       75.0            36
           >35 W             69                       68.0            36
                ≤35 W             45                       64.0            36
               65 W             69                       80.0            18
                ≤65 W             45                       80.0            18
          >100 W             69                       80.0            18
               ≤100 W             45                       80.0            18
    --------------------------------------------------------------------




                       INCANDESCENT REFLECTOR LAMPS                   
    --------------------------------------------------------------------
       Nominal Lamp Wattage         Minimum Average Lamp      Effective 
                                       Efficacy (LPW)            Date   
                                                              (Period of
                                                               Months)  
    --------------------------------------------------------------------
    40-50                                            10.5             36
    51-66                                            11.0             36
    67-85                                            12.5             36
    86-115                                           14.0             36
    116-155                                          14.5             36
    156-205                                          15.0             36
    --------------------------------------------------------------------

        (C) Exemptions. - The standards specified in subparagraph (B)
      shall not apply to the following types of incandescent reflector
      lamps:
          (i) Lamps rated at 50 watts or less that are ER30, BR30,
        BR40, or ER40 lamps.
          (ii) Lamps rated at 65 watts that are BR30, BR40, or ER40
        lamps.
          (iii) R20 incandescent reflector lamps rated 45 watts or
        less.

        (D) Effective dates. - 
          (i) ER, br, and bpar lamps. - The standards specified in
        subparagraph (B) shall apply with respect to ER incandescent
        reflector lamps, BR incandescent reflector lamps, BPAR
        incandescent reflector lamps, and similar bulb shapes on and
        after January 1, 2008.
          (ii) Lamps between 2.25-2.75 inches in diameter. - The
        standards specified in subparagraph (B) shall apply with
        respect to incandescent reflector lamps with a diameter of more
        than 2.25 inches, but not more than 2.75 inches, on and after
        the later of January 1, 2008, or the date that is 180 days
        after December 19, 2007.

      (2) Notwithstanding section 6302(a)(5) of this title and section
    6302(b) of this title, it shall not be unlawful for a manufacturer
    to sell a lamp which is in compliance with the law at the time such
    lamp was manufactured.
      (3) Not less than 36 months after October 24, 1992, the Secretary
    shall initiate a rulemaking procedure and shall publish a final
    rule not later than the end of the 54-month period beginning on
    October 24, 1992, to determine if the standards established under
    paragraph (1) should be amended. Such rule shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after the 36-month period beginning on
    the date such final rule is published.
      (4) Not less than eight years after October 24, 1992, the
    Secretary shall initiate a rulemaking procedure and shall publish a
    final rule not later than nine years and six months after October
    24, 1992, to determine if the standards in effect for fluorescent
    lamps and incandescent lamps should be amended. Such rule shall
    contain such amendment, if any, and provide that the amendment
    shall apply to products manufactured on or after the 36-month
    period beginning on the date such final rule is published.
      (5) Not later than the end of the 24-month period beginning on
    the date labeling requirements under section 6294(a)(2)(C) (!1) of
    this title become effective, the Secretary shall initiate a
    rulemaking procedure to determine if the standards in effect for
    fluorescent lamps and incandescent lamps should be amended so that
    they would be applicable to additional general service fluorescent
    (!2) and shall publish, not later than 18 months after initiating
    such rulemaking, a final rule including such amended standards, if
    any. Such rule shall provide that the amendment shall apply to
    products manufactured after a date which is 36 months after the
    date such rule is published.


      (6) Standards for general service lamps. - 
        (A) Rulemaking before january 1, 2014. - 
          (i) In general. - Not later than January 1, 2014, the
        Secretary shall initiate a rulemaking procedure to determine
        whether - 
            (I) standards in effect for general service lamps should be
          amended to establish more stringent standards than the
          standards specified in paragraph (1)(A); and
            (II) the exemptions for certain incandescent lamps should
          be maintained or discontinued based, in part, on exempted
          lamp sales collected by the Secretary from manufacturers.

          (ii) Scope. - The rulemaking - 
            (I) shall not be limited to incandescent lamp technologies;
          and
            (II) shall include consideration of a minimum standard of
          45 lumens per watt for general service lamps.

          (iii) Amended standards. - If the Secretary determines that
        the standards in effect for general service incandescent lamps
        should be amended, the Secretary shall publish a final rule not
        later than January 1, 2017, with an effective date that is not
        earlier than 3 years after the date on which the final rule is
        published.
          (iv) Phased-in effective dates. - The Secretary shall
        consider phased-in effective dates under this subparagraph
        after considering - 
            (I) the impact of any amendment on manufacturers, retiring
          and repurposing existing equipment, stranded investments,
          labor contracts, workers, and raw materials; and
            (II) the time needed to work with retailers and lighting
          designers to revise sales and marketing strategies.

          (v) Backstop requirement. - If the Secretary fails to
        complete a rulemaking in accordance with clauses (i) through
        (iv) or if the final rule does not produce savings that are
        greater than or equal to the savings from a minimum efficacy
        standard of 45 lumens per watt, effective beginning January 1,
        2020, the Secretary shall prohibit the sale of any general
        service lamp that does not meet a minimum efficacy standard of
        45 lumens per watt.
          (vi) State preemption. - Neither section 6297(b) of this
        title nor any other provision of law shall preclude California
        or Nevada from adopting, effective beginning on or after
        January 1, 2018 - 
            (I) a final rule adopted by the Secretary in accordance
          with clauses (i) through (iv);
            (II) if a final rule described in subclause (I) has not
          been adopted, the backstop requirement under clause (v); or
            (III) in the case of California, if a final rule described
          in subclause (I) has not been adopted, any California
          regulations relating to these covered products adopted
          pursuant to State statute in effect as of December 19, 2007.

        (B) Rulemaking before january 1, 2020. - 
          (i) In general. - Not later than January 1, 2020, the
        Secretary shall initiate a rulemaking procedure to determine
        whether - 
            (I) standards in effect for general service incandescent
          lamps should be amended to reflect lumen ranges with more
          stringent maximum wattage than the standards specified in
          paragraph (1)(A); and
            (II) the exemptions for certain incandescent lamps should
          be maintained or discontinued based, in part, on exempted
          lamp sales data collected by the Secretary from
          manufacturers.

          (ii) Scope. - The rulemaking shall not be limited to
        incandescent lamp technologies.
          (iii) Amended standards. - If the Secretary determines that
        the standards in effect for general service incandescent lamps
        should be amended, the Secretary shall publish a final rule not
        later than January 1, 2022, with an effective date that is not
        earlier than 3 years after the date on which the final rule is
        published.
          (iv) Phased-in effective dates. - The Secretary shall
        consider phased-in effective dates under this subparagraph
        after considering - 
            (I) the impact of any amendment on manufacturers, retiring
          and repurposing existing equipment, stranded investments,
          labor contracts, workers, and raw materials; and
            (II) the time needed to work with retailers and lighting
          designers to revise sales and marketing strategies.

      (7)(A) With respect to any lamp to which standards are applicable
    under this subsection or any lamp specified in section 6317 of this
    title, the Secretary shall inform any Federal entity proposing
    actions which would adversely impact the energy consumption or
    energy efficiency of such lamp of the energy conservation
    consequences of such action. It shall be the responsibility of such
    Federal entity to carefully consider the Secretary's comments.
      (B) Notwithstanding subsection (n)(1) of this section, the
    Secretary shall not be prohibited from amending any standard, by
    rule, to permit increased energy use or to decrease the minimum
    required energy efficiency of any lamp to which standards are
    applicable under this subsection if such action is warranted as a
    result of other Federal action (including restrictions on materials
    or processes) which would have the effect of either increasing the
    energy use or decreasing the energy efficiency of such product.
      (8) Not later than the date on which standards established
    pursuant to this subsection become effective, or, with respect to
    high-intensity discharge lamps covered under section 6317 of this
    title, the effective date of standards established pursuant to such
    section, each manufacturer of a product to which such standards are
    applicable shall file with the Secretary a laboratory report
    certifying compliance with the applicable standard for each lamp
    type. Such report shall include the lumen output and wattage
    consumption for each lamp type as an average of measurements taken
    over the preceding 12-month period. With respect to lamp types
    which are not manufactured during the 12-month period preceding the
    date such standards become effective, such report shall be filed
    with the Secretary not later than the date which is 12 months after
    the date manufacturing is commenced and shall include the lumen
    output and wattage consumption for each such lamp type as an
    average of measurements taken during such 12-month period.
    (j) Standards for showerheads and faucets
      (1) The maximum water use allowed for any showerhead manufactured
    after January 1, 1994, is 2.5 gallons per minute when measured at a
    flowing water pressure of 80 pounds per square inch. Any such
    showerhead shall also meet the requirements of ASME/ANSI A112.18.1M-
    1989, 7.4.3(a).
      (2) The maximum water use allowed for any of the following
    faucets manufactured after January 1, 1994, when measured at a
    flowing water pressure of 80 pounds per square inch, is as follows:


    Lavatory faucets                          2.5 gallons per minute    
    Lavatory replacement aerators             2.5 gallons per minute    
    Kitchen faucets                           2.5 gallons per minute    
    Kitchen replacement aerators              2.5 gallons per minute    
    Metering faucets                          0.25 gallons per cycle    
    --------------------------------------------------------------------

      (3)(A) If the maximum flow rate requirements or the design
    requirements of ASME/ANSI Standard A112.18.1M-1989 are amended to
    improve the efficiency of water use of any type or class of
    showerhead or faucet and are approved by ANSI, the Secretary shall,
    not later than 12 months after the date of such amendment, publish
    a final rule establishing an amended uniform national standard for
    that product at the level specified in the amended ASME/ANSI
    Standard A112.18.1M and providing that such standard shall apply to
    products manufactured after a date which is 12 months after the
    publication of such rule, unless the Secretary determines, by rule
    published in the Federal Register, that adoption of a uniform
    national standard at the level specified in such amended ASME/ANSI
    Standard A112.18.1M - 
        (i) is not technologically feasible and economically justified
      under subsection (o) of this section;
        (ii) is not consistent with the maintenance of public health
      and safety; or
        (iii) is not consistent with the purposes of this chapter.

      (B)(i) As part of the rulemaking conducted under subparagraph
    (A), the Secretary shall also determine if adoption of a uniform
    national standard for any type or class of showerhead or faucet
    more stringent than such amended ASME/ANSI Standard A112.18.1M - 
        (I) would result in additional conservation of energy or water;
        (II) would be technologically feasible and economically
      justified under subsection (o) of this section; and
        (III) would be consistent with the maintenance of public health
      and safety.

      (ii) If the Secretary makes an affirmative determination under
    clause (i), the final rule published under subparagraph (A) shall
    waive the provisions of section 6297(c) of this title with respect
    to any State regulation concerning the water use or water
    efficiency of such type or class of showerhead or faucet if such
    State regulation - 
        (I) is more stringent than amended ASME/ANSI Standard
      A112.18.1M for such type or class of showerhead or faucet and the
      standard in effect for such product on the day before the date on
      which a final rule is published under subparagraph (A); and
        (II) is applicable to any sale or installation of all products
      in such type or class of showerhead or faucet.

      (C) If, after any period of five consecutive years, the maximum
    flow rate requirements of the ASME/ANSI standard for showerheads
    are not amended to improve the efficiency of water use of such
    products, or after any such period such requirements for faucets
    are not amended to improve the efficiency of water use of such
    products, the Secretary shall, not later than six months after the
    end of such five-year period, publish a final rule waiving the
    provisions of section 6297(c) of this title with respect to any
    State regulation concerning the water use or water efficiency of
    such type or class of showerhead or faucet if such State regulation
    - 
        (i) is more stringent than the standards in effect for such
      type of class of showerhead or faucet; and
        (ii) is applicable to any sale or installation of all products
      in such type or class of showerhead or faucet.
    (k) Standards for water closets and urinals
      (1)(A) Except as provided in subparagraph (B), the maximum water
    use allowed in gallons per flush for any of the following water
    closets manufactured after January 1, 1994, is the following:

      Gravity tank-type toilets                               1.6 gpf.
      Flushometer tank toilets                                1.6 gpf.
      Electromechanical hydraulic toilets                     1.6 gpf.
      Blowout toilets                                         3.5 gpf.

      (B) The maximum water use allowed for any gravity tank-type white
    2-piece toilet which bears an adhesive label conspicuous upon
    installation consisting of the words "Commercial Use Only"
    manufactured after January 1, 1994, and before January 1, 1997, is
    3.5 gallons per flush.
      (C) The maximum water use allowed for flushometer valve toilets,
    other than blowout toilets, manufactured after January 1, 1997, is
    1.6 gallons per flush.
      (2) The maximum water use allowed for any urinal manufactured
    after January 1, 1994, is 1.0 gallon per flush.
      (3)(A) If the maximum flush volume requirements of ASME Standard
    A112.19.6-1990 are amended to improve the efficiency of water use
    of any low consumption water closet or low consumption urinal and
    are approved by ANSI, the Secretary shall, not later than 12 months
    after the date of such amendment, publish a final rule establishing
    an amended uniform national standard for that product at the level
    specified in amended ASME/ANSI Standard A112.19.6 and providing
    that such standard shall apply to products manufactured after a
    date which is one year after the publication of such rule, unless
    the Secretary determines, by rule published in the Federal
    Register, that adoption of a uniform national standard at the level
    specified in such amended ASME/ANSI Standard A112.19.6 - 
        (i) is not technologically feasible and economically justified
      under subsection (o) of this section;
        (ii) is not consistent with the maintenance of public health
      and safety; or
        (iii) is not consistent with the purposes of this chapter.

      (B)(i) As part of the rulemaking conducted under subparagraph
    (A), the Secretary shall also determine if adoption of a uniform
    national standard for any type or class of low consumption water
    closet or low consumption urinal more stringent than such amended
    ASME/ANSI Standard A112.19.6 for such product - 
        (I) would result in additional conservation of energy or water;
        (II) would be technologically feasible and economically
      justified under subsection (o) of this section; and
        (III) would be consistent with the maintenance of public health
      and safety.

      (ii) If the Secretary makes an affirmative determination under
    clause (i), the final rule published under subparagraph (A) shall
    waive the provisions of section 6297(c) of this title with respect
    to any State regulation concerning the water use or water
    efficiency of such type or class of low consumption water closet or
    low consumption urinal if such State regulation - 
        (I) is more stringent than amended ASME/ANSI Standard A112.19.6
      for such type or class of low consumption water closet or low
      consumption urinal and the standard in effect for such product on
      the day before the date on which a final rule is published under
      subparagraph (A); and
        (II) is applicable to any sale or installation of all products
      in such type or class of low consumption water closet or low
      consumption urinal.

      (C) If, after any period of five consecutive years, the maximum
    flush volume requirements of the ASME/ANSI standard for low
    consumption water closets are not amended to improve the efficiency
    of water use of such products, or after any such period such
    requirements for low consumption urinals are not amended to improve
    the efficiency of water use of such products, the Secretary shall,
    not later than six months after the end of such five-year period,
    publish a final rule waiving the provisions of section 6297(c) of
    this title with respect to any State regulation concerning the
    water use or water efficiency of such type or class of water closet
    or urinal if such State regulation - 
        (i) is more stringent than the standards in effect for such
      type or class of water closet or urinal; and
        (ii) is applicable to any sale or installation of all products
      in such type or class of water closet or urinal.
    (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) (!1) of section 6292(a) of this title if the
    requirements of subsections (o) and (p) of this section 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 6294 of
      this title 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) (!1) of section 6292(a) of this title
    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)
    of this section, 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 only in
      accordance with this paragraph.
        (B) Benchmarks. - Not later than 1 year after December 19,
      2007, 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) (!1) ; 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),(!3) 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.

    (m) Amendment of standards
      (1) In general
        Not later than 6 years after issuance of any final rule
      establishing or amending a standard, as required for a product
      under this part, the Secretary shall publish - 
          (A) a notice of the determination of the Secretary that
        standards for the product do not need to be amended, based on
        the criteria established under subsection (n)(2); or
          (B) a notice of proposed rulemaking including new proposed
        standards based on the criteria established under subsection
        (o) and the procedures established under subsection (p).
      (2) Notice
        If the Secretary publishes a notice under paragraph (1), the
      Secretary shall - 
          (A) publish a notice stating that the analysis of the
        Department is publicly available; and
          (B) provide an opportunity for written comment.
      (3) Amendment of standard; new determination
        (A) Amendment of standard
          Not later than 2 years after a notice is issued under
        paragraph (1)(B), the Secretary shall publish a final rule
        amending the standard for the product.
        (B) New determination
          Not later than 3 years after a determination under paragraph
        (1)(A), the Secretary shall make a new determination and
        publication under subparagraph (A) or (B) of paragraph (1).
      (4) Application to products
        (A) In general
          Except as provided in subparagraph (B), an amendment
        prescribed under this subsection shall apply to - 
            (i) with respect to refrigerators, refrigerator-freezers,
          freezers, room air conditioners, dishwashers, clothes
          washers, clothes dryers, fluorescent lamp ballasts, and
          kitchen ranges and ovens, such a product that is manufactured
          after the date that is 3 years after publication of the final
          rule establishing an applicable standard; and
            (ii) with respect to central air conditioners, heat pumps,
          water heaters, pool heaters, direct heating equipment, and
          furnaces, such a product that is manufactured after the date
          that is 5 years after publication of the final rule
          establishing an applicable standard.
        (B) Other new standards
          A manufacturer shall not be required to apply new standards
        to a product with respect to which other new standards have
        been required during the prior 6-year period.
      (5) Reports
        The Secretary shall promptly submit to the Committee on Energy
      and Commerce of the House of Representatives and the Committee on
      Energy and Natural Resources of the Senate - 
          (A) a progress report every 180 days on compliance with this
        section, including a specific plan to remedy any failures to
        comply with deadlines for action established under this
        section; and
          (B) all required reports to the Court or to any party to the
        Consent Decree in State of New York v Bodman, Consolidated
        Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.
    (n) Petition for amended standard
      (1) With respect to each covered product described in paragraphs
    (1) through (11), and in paragraphs (13) and (14) of section
    6292(a) of this title, any person may petition the Secretary to
    conduct a rulemaking to determine for a covered product if the
    standards contained either in the last final rule required under
    subsections (b) through (i) of this section or in a final rule
    published under this section should be amended.
      (2) The Secretary shall grant a petition if he finds that it
    contains evidence which, assuming no other evidence were
    considered, provides an adequate basis for amending the standards
    under the following criteria - 
        (A) amended standards will result in significant conservation
      of energy;
        (B) amended standards are technologically feasible; and
        (C) amended standards are cost effective as described in
      subsection (o)(2)(B)(i)(II) of this section.

    The grant of a petition by the Secretary under this subsection
    creates no presumption with respect to the Secretary's
    determination of any of the criteria in a rulemaking under this
    section.
      (3) An amendment prescribed under this subsection shall apply to
    products manufactured after a date which is 5 years after - 
        (A) the effective date of the previous amendment pursuant to
      this part; or
        (B) if the previous final rule published under this part did
      not amend the standard, the earliest date by which a previous
      amendment could have been in effect, except that in no case may
      an amended standard apply to products manufactured within 3 years
      (for refrigerators, refrigerator-freezers, and freezers, room air
      conditioners, dishwashers, clothes washers, clothes dryers,
      fluorescent lamp ballasts, general service fluorescent lamps,
      incandescent reflector lamps, and kitchen ranges and ovens) or 5
      years (for central air conditioners and heat pumps, water
      heaters, pool heaters, direct heating equipment and furnaces)
      after publication of the final rule establishing a standard.
    (o) Criteria for prescribing new or amended standards
      (1) The Secretary may not prescribe any amended standard which
    increases the maximum allowable energy use, or, in the case of
    showerheads, faucets, water closets, or urinals, water use, or
    decreases the minimum required energy efficiency, of a covered
    product.
      (2)(A) Any new or amended energy conservation standard prescribed
    by the Secretary under this section for any type (or class) of
    covered product shall be designed to achieve the maximum
    improvement in energy efficiency, or, in the case of showerheads,
    faucets, water closets, or urinals, water efficiency, which the
    Secretary determines is technologically feasible and economically
    justified.
      (B)(i) In determining whether a standard is economically
    justified, the Secretary shall, after receiving views and comments
    furnished with respect to the proposed standard, determine whether
    the benefits of the standard exceed its burdens by, to the greatest
    extent practicable, considering - 
        (I) the economic impact of the standard on the manufacturers
      and on the consumers of the products subject to such standard;
        (II) the savings in operating costs throughout the estimated
      average life of the covered product in the type (or class)
      compared to any increase in the price of, or in the initial
      charges for, or maintenance expenses of, the covered products
      which are likely to result from the imposition of the standard;
        (III) the total projected amount of energy, or as applicable,
      water, savings likely to result directly from the imposition of
      the standard;
        (IV) any lessening of the utility or the performance of the
      covered products likely to result from the imposition of the
      standard;
        (V) the impact of any lessening of competition, as determined
      in writing by the Attorney General, that is likely to result from
      the imposition of the standard;
        (VI) the need for national energy and water conservation; and
        (VII) other factors the Secretary considers relevant.

      (ii) For purposes of clause (i)(V), the Attorney General shall
    make a determination of the impact, if any, of any lessening of
    competition likely to result from such standard and shall transmit
    such determination, not later than 60 days after the publication of
    a proposed rule prescribing or amending an energy conservation
    standard, in writing to the Secretary, together with an analysis of
    the nature and extent of such impact. Any such determination and
    analysis shall be published by the Secretary in the Federal
    Register.
      (iii) If the Secretary finds that the additional cost to the
    consumer of purchasing a product complying with an energy
    conservation standard level will be less than three times the value
    of the energy, and as applicable, water, savings during the first
    year that the consumer will receive as a result of the standard, as
    calculated under the applicable test procedure, there shall be a
    rebuttable presumption that such standard level is economically
    justified. A determination by the Secretary that such criterion is
    not met shall not be taken into consideration in the Secretary's
    determination of whether a standard is economically justified.
      (3) The Secretary may not prescribe an amended or new standard
    under this section for a type (or class) of covered product if - 
        (A) for products other than dishwashers, clothes washers,
      clothes dryers, and kitchen ranges and ovens, a test procedure
      has not been prescribed pursuant to section 6293 of this title
      with respect to that type (or class) of product; or
        (B) the Secretary determines, by rule, that the establishment
      of such standard will not result in significant conservation of
      energy or, in the case of showerheads, faucets, water closets, or
      urinals, water, or that the establishment of such standard is not
      technologically feasible or economically justified.

    For purposes of section 6297 of this title, a determination under
    subparagraph (B) with respect to any type (or class) of covered
    products shall have the same effect as would a standard prescribed
    for such type (or class).
      (4) The Secretary may not prescribe an amended or new standard
    under this section if the Secretary finds (and publishes such
    finding) that interested persons have established by a
    preponderance of the evidence that the standard is likely to result
    in the unavailability in the United States in any covered product
    type (or class) of performance characteristics (including
    reliability), features, sizes, capacities, and volumes that are
    substantially the same as those generally available in the United
    States at the time of the Secretary's finding. The failure of some
    types (or classes) to meet this criterion shall not affect the
    Secretary's determination of whether to prescribe a standard for
    other types (or classes).
      (5) The Secretary may set more than 1 energy conservation
    standard for products that serve more than 1 major function by
    setting 1 energy conservation standard for each major function.
      (6) Regional standards for furnaces, central air conditioners,
    and heat pumps. - 
        (A) In general. - In any rulemaking to establish a new or
      amended standard, the Secretary may consider the establishment of
      separate standards by geographic region for furnaces (except
      boilers), central air conditioners, and heat pumps.
        (B) National and regional standards. - 
          (i) National standard. - If the Secretary establishes a
        regional standard for a product, the Secretary shall establish
        a base national standard for the product.
          (ii) Regional standards. - If the Secretary establishes a
        regional standard for a product, the Secretary may establish
        more restrictive standards for the product by geographic region
        as follows:
            (I) For furnaces, the Secretary may establish 1 additional
          standard that is applicable in a geographic region defined by
          the Secretary.
            (II) For any cooling product, the Secretary may establish 1
          or 2 additional standards that are applicable in 1 or 2
          geographic regions as may be defined by the Secretary.

        (C) Boundaries of geographic regions. - 
          (i) In general. - Subject to clause (ii), the boundaries of
        additional geographic regions established by the Secretary
        under this paragraph shall include only contiguous States.
          (ii) Alaska and hawaii. - The States of Alaska and Hawaii may
        be included under this paragraph in a geographic region that
        the States are not contiguous to.
          (iii) Individual states. - Individual States shall be placed
        only into a single region under this paragraph.

        (D) Prerequisites. - In establishing additional regional
      standards under this paragraph, the Secretary shall - 
          (i) establish additional regional standards only if the
        Secretary determines that - 
            (I) the establishment of additional regional standards will
          produce significant energy savings in comparison to
          establishing only a single national standard; and
            (II) the additional regional standards are economically
          justified under this paragraph; and

          (ii) consider the impact of the additional regional standards
        on consumers, manufacturers, and other market participants,
        including product distributors, dealers, contractors, and
        installers.

        (E) Application; effective date. - 
          (i) Base national standard. - Any base national standard
        established for a product under this paragraph shall - 
            (I) be the minimum standard for the product; and
            (II) apply to all products manufactured or imported into
          the United States on and after the effective date for the
          standard.

          (ii) Regional standards. - Any additional and more
        restrictive regional standard established for a product under
        this paragraph shall apply to any such product installed on or
        after the effective date of the standard in States in which the
        Secretary has designated the standard to apply.

        (F) Continuation of regional standards. - 
          (i) In general. - In any subsequent rulemaking for any
        product for which a regional standard has been previously
        established, the Secretary shall determine whether to continue
        the establishment of separate regional standards for the
        product.
          (ii) Regional standard no longer appropriate. - Except as
        provided in clause (iii), if the Secretary determines that
        regional standards are no longer appropriate for a product,
        beginning on the effective date of the amended standard for the
        product - 
            (I) there shall be 1 base national standard for the product
          with Federal enforcement; and
            (II) State authority for enforcing a regional standard for
          the product shall terminate.

          (iii) Regional standard appropriate but standard or region
        changed. - 
            (I) State no longer contained in region. - Subject to
          subclause (III), if a State is no longer contained in a
          region in which a regional standard that is more stringent
          than the base national standard applies, the authority of the
          State to enforce the regional standard shall terminate.
            (II) Standard or region revised so that existing regional
          standard equals base national standard. - If the Secretary
          revises a base national standard for a product or the
          geographic definition of a region so that an existing
          regional standard for a State is equal to the revised base
          national standard - 
              (aa) the authority of the State to enforce the regional
            standard shall terminate on the effective date of the
            revised base national standard; and
              (bb) the State shall be subject to the revised base
            national standard.

            (III) Standard or region revised so that existing regional
          standard equals base national standard. - If the Secretary
          revises a base national standard for a product or the
          geographic definition of a region so that the standard for a
          State is lower than the previously approved regional
          standard, the State may continue to enforce the previously
          approved standard level.

          (iv) Waiver of federal preemption. - Nothing in this
        paragraph diminishes the authority of a State to enforce a
        State regulation for which a waiver of Federal preemption has
        been granted under section 6297(d) of this title.

        (G) Enforcement. - 
          (i) Base national standard. - 
            (I) In general. - The Secretary shall enforce any base
          national standard.
            (II) Trade association certification programs. - In
          enforcing the base national standard, the Secretary shall
          use, to the maximum extent practicable, national standard
          nationally recognized certification programs of trade
          associations.

          (ii) Regional standards. - 
            (I) Enforcement plan. - Not later than 90 days after the
          date of the issuance of a final rule that establishes a
          regional standard, the Secretary shall initiate a rulemaking
          to develop and implement an effective enforcement plan for
          regional standards for the products that are covered by the
          final rule.
            (II) Responsible entities. - Any rules regarding
          enforcement of a regional standard shall clearly specify
          which entities are legally responsible for compliance with
          the standards and for making any required information or
          labeling disclosures.
            (III) Final rule. - Not later than 15 months after the date
          of the issuance of a final rule that establishes a regional
          standard for a product, the Secretary shall promulgate a
          final rule covering enforcement of regional standards for the
          product.
            (IV) Incorporation by states and localities. - A State or
          locality may incorporate any Federal regional standard into
          State or local building codes or State appliance standards.
            (V) State enforcement. - A State agency may seek
          enforcement of a Federal regional standard in a Federal court
          of competent jurisdiction.

        (H) Information disclosure. - 
          (i) In general. - Not later than 90 days after the date of
        the publication of a final rule that establishes a regional
        standard for a product, the Federal Trade Commission shall
        undertake a rulemaking to determine the appropriate 1 or more
        methods for disclosing information so that consumers,
        distributors, contractors, and installers can easily determine
        whether a specific piece of equipment that is installed in a
        specific building is in conformance with the regional standard
        that applies to the building.
          (ii) Methods. - A method of disclosing information under
        clause (i) may include - 
            (I) modifications to the Energy Guide label; or
            (II) other methods that make it easy for consumers and
          installers to use and understand at the point of
          installation.

          (iii) Completion of rulemaking. - The rulemaking shall be
        completed not later 15 months after the date of the publication
        of a final rule that establishes a regional standard for a
        product.
    (p) Procedure for prescribing new or amended standards
      Any new or amended energy conservation standard shall be
    prescribed in accordance with the following procedure:
        (1) A proposed rule which prescribes an amended or new energy
      conservation standard or prescribes no amendment or no new
      standard for a type (or class) of covered products shall be
      published in the Federal Register. In prescribing any such
      proposed rule with respect to a standard, the Secretary shall
      determine the maximum improvement in energy efficiency or maximum
      reduction in energy use that is technologically feasible for each
      type (or class) of covered products. If such standard is not
      designed to achieve such efficiency or use, the Secretary shall
      state in the proposed rule the reasons therefor.
        (2) After the publication of such proposed rulemaking, the
      Secretary shall, in accordance with section 6306 of this title,
      afford interested persons an opportunity, during a period of not
      less than 60 days, to present oral and written comments
      (including an opportunity to question those who make such
      presentations, as provided in such section) on matters relating
      to such proposed rule, including - 
          (A) whether the standard to be prescribed is economically
        justified (taking into account those factors which the
        Secretary must consider under subsection (o)(2) of this
        section) or will result in the effects described in subsection
        (o)(4) of this section;
          (B) whether the standard will achieve the maximum improvement
        in energy efficiency which is technologically feasible;
          (C) if the standard will not achieve such improvement,
        whether the reasons for not achieving such improvement are
        adequate; and
          (D) whether such rule should prescribe a level of energy use
        or efficiency which is higher or lower than that which would
        otherwise apply in the case of any group of products within the
        type (or class) that will be subject to such standard.

        (3) A final rule prescribing an amended or new energy
      conservation standard or prescribing no amended or new standard
      for a type (or class) of covered products shall be published as
      soon as is practicable, but not less than 90 days, after
      publication of the proposed rule in the Federal Register.
        (4) Direct final rules. - 
          (A) In general. - On receipt of a statement that is submitted
        jointly by interested persons that are fairly representative of
        relevant points of view (including representatives of
        manufacturers of covered products, States, and efficiency
        advocates), as determined by the Secretary, and contains
        recommendations with respect to an energy or water conservation
        standard - 
            (i) if the Secretary determines that the recommended
          standard contained in the statement is in accordance with
          subsection (o) or section 6313(a)(6)(B) of this title, as
          applicable, the Secretary may issue a final rule that
          establishes an energy or water conservation standard and is
          published simultaneously with a notice of proposed rulemaking
          that proposes a new or amended energy or water conservation
          standard that is identical to the standard established in the
          final rule to establish the recommended standard (referred to
          in this paragraph as a "direct final rule"); or
            (ii) if the Secretary determines that a direct final rule
          cannot be issued based on the statement, the Secretary shall
          publish a notice of the determination, together with an
          explanation of the reasons for the determination.

          (B) Public comment. - The Secretary shall solicit public
        comment for a period of at least 110 days with respect to each
        direct final rule issued by the Secretary under subparagraph
        (A)(i).
          (C) Withdrawal of direct final rules. - 
            (i) In general. - Not later than 120 days after the date on
          which a direct final rule issued under subparagraph (A)(i) is
          published in the Federal Register, the Secretary shall
          withdraw the direct final rule if - 
              (I) the Secretary receives 1 or more adverse public
            comments relating to the direct final rule under
            subparagraph (B)(i) (!4) or any alternative joint
            recommendation; and

              (II) based on the rulemaking record relating to the
            direct final rule, the Secretary determines that such
            adverse public comments or alternative joint recommendation
            may provide a reasonable basis for withdrawing the direct
            final rule under subsection (o), section 6313(a)(6)(B) of
            this title, or any other applicable law.

            (ii) Action on withdrawal. - On withdrawal of a direct
          final rule under clause (i), the Secretary shall - 
              (I) proceed with the notice of proposed rulemaking
            published simultaneously with the direct final rule as
            described in subparagraph (A)(i); and
              (II) publish in the Federal Register the reasons why the
            direct final rule was withdrawn.

            (iii) Treatment of withdrawn direct final rules. - A direct
          final rule that is withdrawn under clause (i) shall not be
          considered to be a final rule for purposes of subsection (o).

          (D) Effect of paragraph. - Nothing in this paragraph
        authorizes the Secretary to issue a direct final rule based
        solely on receipt of more than 1 statement containing
        recommended standards relating to the direct final rule.
    (q) Special rule for certain types or classes of products
      (1) A rule prescribing an energy conservation standard for a type
    (or class) of covered products shall specify a level of energy use
    or efficiency higher or lower than that which applies (or would
    apply) for such type (or class) for any group of covered products
    which have the same function or intended use, if the Secretary
    determines that covered products within such group - 
        (A) consume a different kind of energy from that consumed by
      other covered products within such type (or class); or
        (B) have a capacity or other performance-related feature which
      other products within such type (or class) do not have and such
      feature justifies a higher or lower standard from that which
      applies (or will apply) to other products within such type (or
      class).

    In making a determination under this paragraph concerning whether a
    performance-related feature justifies the establishment of a higher
    or lower standard, the Secretary shall consider such factors as the
    utility to the consumer of such a feature, and such other factors
    as the Secretary deems appropriate.
      (2) Any rule prescribing a higher or lower level of energy use or
    efficiency under paragraph (1) shall include an explanation of the
    basis on which such higher or lower level was established.
    (r) Inclusion in standards of test procedures and other
      requirements
      Any new or amended energy conservation standard prescribed under
    this section shall include, where applicable, test procedures
    prescribed in accordance with section 6293 of this title and may
    include any requirement which the Secretary determines is necessary
    to assure that each covered product to which such standard applies
    meets the required minimum level of energy efficiency or maximum
    quantity of energy use specified in such standard.
    (s) Determination of compliance with standards
      Compliance with, and performance under, the energy conservation
    standards (except for design standards authorized by this part)
    established in, or prescribed under, this section shall be
    determined using the test procedures and corresponding compliance
    criteria prescribed under section 6293 of this title.
    (t) Small manufacturer exemption
      (1) Subject to paragraph (2), the Secretary may, on application
    of any manufacturer, exempt such manufacturer from all or part of
    the requirements of any energy conservation standard established in
    or prescribed under this section for any period not longer than the
    24-month period beginning on the date such rule becomes effective,
    if the Secretary finds that the annual gross revenues of such
    manufacturer from all its operations (including the manufacture and
    sale of covered products) does not exceed $8,000,000 for the 12-
    month period preceding the date of the application. In making such
    finding with respect to any manufacturer, the Secretary shall take
    into account the annual gross revenues of any other person who
    controls, is controlled by, or is under common control with, such
    manufacturer.
      (2) The Secretary may not exercise the authority granted under
    paragraph (1) with respect to any type (or class) of covered
    product subject to an energy conservation standard under this
    section unless the Secretary makes a finding, after obtaining the
    written views of the Attorney General, that a failure to allow an
    exemption under paragraph (1) would likely result in a lessening of
    competition.
    (u) Battery charger and external power supply electric energy
      consumption
      (1)(A) Not later than 18 months after August 8, 2005, the
    Secretary shall, after providing notice and an opportunity for
    comment, prescribe, by rule, definitions and test procedures for
    the power use of battery chargers and external power supplies.
      (B) In establishing the test procedures under subparagraph (A),
    the Secretary shall - 
        (i) consider existing definitions and test procedures used for
      measuring energy consumption in standby mode and other modes; and
        (ii) assess the current and projected future market for battery
      chargers and external power supplies.

      (C) The assessment under subparagraph (B)(ii) shall include - 
        (i) estimates of the significance of potential energy savings
      from technical improvements to battery chargers and external
      power supplies; and
        (ii) suggested product classes for energy conservation
      standards.

      (D) Not later than 18 months after August 8, 2005, the Secretary
    shall hold a scoping workshop to discuss and receive comments on
    plans for developing energy conservation standards for energy use
    for battery chargers and external power supplies.
      (E) External power supplies and battery chargers. - 
        (i) Energy conservation standards. - 
          (I) External power supplies. - Not later than 2 years after
        August 8, 2005, the Secretary shall issue a final rule that
        determines whether energy conservation standards shall be
        issued for external power supplies or classes of external power
        supplies.
          (II) Battery chargers. - Not later than July 1, 2011, the
        Secretary shall issue a final rule that prescribes energy
        conservation standards for battery chargers or classes of
        battery chargers or determine that no energy conservation
        standard is technically feasible and economically justified.

      (ii) For each product class, any energy conservation standards
    issued under clause (i) shall be set at the lowest level of energy
    use that - 
        (I) meets the criteria and procedures of subsections (o), (p),
      (q), (r), (s), and (t) of this section; and
        (II) would result in significant overall annual energy savings,
      considering standby mode and other operating modes.

      (2) The Secretary and the Administrator shall collaborate and
    develop programs (including programs under section 6294a of this
    title and other voluntary industry agreements or codes of conduct)
    that are designed to reduce standby mode energy use.
      (3) Efficiency standards for class a external power supplies. - 
        (A) In general. - Subject to subparagraphs (B) through (E), a
      class A external power supply manufactured on or after the later
      of July 1, 2008, or December 19, 2007, shall meet the following
      standards:


                                 Active Mode                            

            Nameplate Output                   Required Efficiency      
                                            (decimal equivalent of a    
                                                   percentage)          
    --------------------------------------------------------------------
            Less than 1 watt             0.5 times the Nameplate Output 
    --------------------------------------------------------------------
       From 1 watt to not more than        The sum of 0.09 times the   
                 51 watts                   Natural Logarithm of the    
                                            Nameplate Output and 0.5    
          Greater than 51 watts                      0.85              
    --------------------------------------------------------------------
                                 No-Load Mode                               
             Nameplate Output                 Maximum Consumption      
    --------------------------------------------------------------------
         Not more than 250 watts                  0.5 watts           
    --------------------------------------------------------------------

        (B) Noncovered supplies. - A class A external power supply
      shall not be subject to subparagraph (A) if the class A external
      power supply is - 
          (i) manufactured during the period beginning on July 1, 2008,
        and ending on June 30, 2015; and
          (ii) made available by the manufacturer as a service part or
        a spare part for an end-use product - 
            (I) that constitutes the primary load; and
            (II) was manufactured before July 1, 2008.

        (C) Marking. - Any class A external power supply manufactured
      on or after the later of July 1, 2008 or December 19, 2007, shall
      be clearly and permanently marked in accordance with the External
      Power Supply International Efficiency Marking Protocol, as
      referenced in the "Energy Star Program Requirements for Single
      Voltage External AC-DC and AC-AC Power Supplies, version 1.1"
      published by the Environmental Protection Agency.
        (D) Amendment of standards. - 
          (i) Final rule by july 1, 2011. - 
            (I) In general. - Not later than July 1, 2011, the
          Secretary shall publish a final rule to determine whether the
          standards established under subparagraph (A) should be
          amended.
            (II) Administration. - The final rule shall - 
              (aa) contain any amended standards; and
              (bb) apply to products manufactured on or after July 1,
            2013.

          (ii) Final rule by july 1, 2015. - 
            (I) In general. - Not later than July 1, 2015 the Secretary
          shall publish a final rule to determine whether the standards
          then in effect should be amended.
            (II) Administration. - The final rule shall - 
              (aa) contain any amended standards; and
              (bb) apply to products manufactured on or after July 1,
            2017.

        (E) Nonapplication of no-load mode energy efficiency standards
      to external power supplies for certain security or life safety
      alarms or surveillance systems. - 
          (i) Definition of security or life safety alarm or
        surveillance system. - In this subparagraph:
            (I) In general. - The term "security or life safety alarm
          or surveillance system" means equipment designed and marketed
          to perform any of the following functions (on a continuous
          basis):
              (aa) Monitor, detect, record, or provide notification of
            intrusion or access to real property or physical assets or
            notification of threats to life safety.
              (bb) Deter or control access to real property or physical
            assets, or prevent the unauthorized removal of physical
            assets.
              (cc) Monitor, detect, record, or provide notification of
            fire, gas, smoke, flooding, or other physical threats to
            real property, physical assets, or life safety.

            (II) Exclusion. - The term "security or life safety alarm
          or surveillance system" does not include any product with a
          principal function other than life safety, security, or
          surveillance that - 
              (aa) is designed and marketed with a built-in alarm or
            theft-deterrent feature; or
              (bb) does not operate necessarily and continuously in
            active mode.

          (ii) Nonapplication of no-load mode requirements. - The No-
        Load Mode energy efficiency standards established by this
        paragraph shall not apply to an external power supply
        manufactured before July 1, 2017, that - 
            (I) is an AC-to-AC external power supply;
            (II) has a nameplate output of 20 watts or more;
            (III) is certified to the Secretary as being designed to be
          connected to a security or life safety alarm or surveillance
          system component; and
            (IV) on establishment within the External Power Supply
          International Efficiency Marking Protocol, as referenced in
          the "Energy Star Program Requirements for Single Voltage
          External Ac-Dc and Ac-Ac Power Supplies", published by the
          Environmental Protection Agency, of a distinguishing mark for
          products described in this clause, is permanently marked with
          the distinguishing mark.

          (iii) Administration. - In carrying out this subparagraph,
        the Secretary shall - 
            (I) require, with appropriate safeguard for the protection
          of confidential business information, the submission of unit
          shipment data on an annual basis; and
            (II) restrict the eligibility of external power supplies
          for the exemption provided under this subparagraph on a
          finding that a substantial number of the external power
          supplies are being marketed to or installed in applications
          other than security or life safety alarm or surveillance
          systems.

      (7) (!5) End-use products. - An energy conservation standard for
    external power supplies shall not constitute an energy conservation
    standard for the separate end-use product to which the external
    power supplies is connected.

    (v) Refrigerated beverage vending machines
      (1) Not later than 4 years after August 8, 2005, the Secretary
    shall prescribe, by rule, energy conservation standards for
    refrigerated bottle or canned beverage vending machines.
      (2) In establishing energy conservation standards under this
    subsection, the Secretary shall use the criteria and procedures
    prescribed under subsections (o) and (p) of this section.
      (3) Any energy conservation standard prescribed under this
    subsection shall apply to products manufactured 3 years after the
    date of publication of a final rule establishing the energy
    conservation standard.
    (w) Illuminated exit signs
      An illuminated exit sign manufactured on or after January 1,
    2006, shall meet the version 2.0 Energy Star Program performance
    requirements for illuminated exit signs prescribed by the
    Environmental Protection Agency.
    (x) Torchieres
      A torchiere manufactured on or after January 1, 2006 - 
        (1) shall consume not more than 190 watts of power; and
        (2) shall not be capable of operating with lamps that total
      more than 190 watts.
    (y) Low voltage dry-type distribution transformers
      The efficiency of a low voltage dry-type distribution transformer
    manufactured on or after January 1, 2007, shall be the Class I
    Efficiency Levels for distribution transformers specified in table
    4-2 of the "Guide for Determining Energy Efficiency for
    Distribution Transformers" published by the National Electrical
    Manufacturers Association (NEMA TP-1-2002).
    (z) Traffic signal modules and pedestrian modules
      Any traffic signal module or pedestrian module manufactured on or
    after January 1, 2006, shall - 
        (1) meet the performance requirements used under the Energy
      Star program of the Environmental Protection Agency for traffic
      signals, as in effect on August 8, 2005; and
        (2) be installed with compatible, electrically connected signal
      control interface devices and conflict monitoring systems.
    (aa) Unit heaters
      A unit heater manufactured on or after the date that is 3 years
    after August 8, 2005, shall - 
        (1) be equipped with an intermittent ignition device; and
        (2) have power venting or an automatic flue damper.
    (bb) Medium base compact fluorescent lamps
      (1) A bare lamp and covered lamp (no reflector) medium base
    compact fluorescent lamp manufactured on or after January 1, 2006,
    shall meet the following requirements prescribed by the August 9,
    2001, version of the Energy Star Program Requirements for Compact
    Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-
    Efficiency Specification issued by the Environmental Protection
    Agency and Department of Energy:
        (A) Minimum initial efficacy.
        (B) Lumen maintenance at 1000 hours.
        (C) Lumen maintenance at 40 percent of rated life.
        (D) Rapid cycle stress test.
        (E) Lamp life.

      (2) The Secretary may, by rule, establish requirements for color
    quality (CRI), power factor, operating frequency, and maximum
    allowable start time based on the requirements prescribed by the
    August 9, 2001, version of the Energy Star Program Requirements for
    Compact Fluorescent Lamps.
      (3) The Secretary may, by rule - 
        (A) revise the requirements established under paragraph (2); or
        (B) establish other requirements, after considering energy
      savings, cost effectiveness, and consumer satisfaction.
    (cc) Dehumidifiers
      (1) Dehumidifiers manufactured on or after October 1, 2007, shall
    have an Energy Factor that meets or exceeds the following values:

    Product Capacity (pints/day):                              Minimum
                                                                Energy
                                                                Factor
                                                          (Liters/kWh)
      25.00 or less                                             1.00  
      25.01 - 35.00                                             1.20  
      35.01 - 54.00                                             1.30  
      54.01 - 74.99                                             1.50  
      75.00 or more                                              2.25.

      (2) Dehumidifiers manufactured on or after october 1, 2012. -
    Dehumidifiers manufactured on or after October 1, 2012, shall have
    an Energy Factor that meets or exceeds the following values:


    Product Capacity (pints/day):                Minimum Energy Factor  
                                                  (liters/kWh)          
      Up to 35.00                                1.35                   
      35.01-45.00                                1.50                   
      45.01-54.00                                1.60                   
      54.01-75.00                                1.70                   
      Greater than 75.00                         2.5.                   
    --------------------------------------------------------------------

    (dd) Commercial prerinse spray valves
      Commercial prerinse spray valves manufactured on or after January
    1, 2006, shall have a flow rate of not more than 1.6 gallons per
    minute.
    (ee) Mercury vapor lamp ballasts
      Mercury vapor lamp ballasts (other than specialty application
    mercury vapor lamp ballasts) shall not be manufactured or imported
    after January 1, 2008.
    (ff) Ceiling fans and ceiling fan light kits
      (1)(A) All ceiling fans manufactured on or after January 1, 2007,
    shall have the following features:
        (i) Fan speed controls separate from any lighting controls.
        (ii) Adjustable speed controls (either more than 1 speed or
      variable speed).
        (iii) The capability of reversible fan action, except for - 
          (I) fans sold for industrial applications;
          (II) fans sold for outdoor applications; and
          (III) cases in which safety standards would be violated by
        the use of the reversible mode.

      (B) The Secretary may define the exceptions described in clause
    (iv) in greater detail, but shall not substantively expand the
    exceptions.
      (2)(A) Ceiling fan light kits with medium screw base sockets
    manufactured on or after January 1, 2007, shall be packaged with
    screw-based lamps to fill all screw base sockets.
      (B) The screw-based lamps required under subparagraph (A) shall -
    
        (i) meet the Energy Star Program Requirements for Compact
      Fluorescent Lamps, version 3.0, issued by the Department of
      Energy; or
        (ii) use light sources other than compact fluorescent lamps
      that have lumens per watt performance at least equivalent to
      comparably configured compact fluorescent lamps meeting the
      Energy Star Program Requirements described in clause (i).

      (3) Ceiling fan light kits with pin-based sockets for fluorescent
    lamps manufactured on or after January 1, 2007 shall - 
        (A) meet the Energy Star Program Requirements for Residential
      Light Fixtures version 4.0 issued by the Environmental Protection
      Agency; and
        (B) be packaged with lamps to fill all sockets.

      (4)(A) By January 1, 2007, the Secretary shall consider and issue
    requirements for any ceiling fan lighting kits other than those
    covered in paragraphs (2) and (3), including candelabra screw base
    sockets.
      (B) The requirements issued under subparagraph (A) shall be
    effective for products manufactured 2 years after the date of the
    final rule.
      (C) If the Secretary fails to issue a final rule by the date
    specified in subparagraph (A), any type of ceiling fan lighting kit
    described in subparagraph (A) that is manufactured after January 1,
    2009 - 
        (i) shall not be capable of operating with lamps that total
      more than 190 watts; and
        (ii) shall be packaged with lamps to fill all sockets.

      (5)(A) After January 1, 2010, the Secretary may consider, and
    issue, if the requirements of subsections (o) and (p) of this
    section are met, amended energy efficiency standards for ceiling
    fan light kits.
      (B) Any amended standards issued under subparagraph (A) shall
    apply to products manufactured not earlier than 2 years after the
    date of publication of the final rule establishing the amended
    standard.
      (6)(A) Notwithstanding any other provision of this chapter, the
    Secretary may consider, and issue, if the requirements of
    subsections (o) and (p) of this section are met, energy efficiency
    or energy use standards for electricity used by ceiling fans to
    circulate air in a room.
      (B) In issuing the standards under subparagraph (A), the
    Secretary shall consider - 
        (i) exempting, or setting different standards for, certain
      product classes for which the primary standards are not
      technically feasible or economically justified; and
        (ii) establishing separate exempted product classes for highly
      decorative fans for which air movement performance is a secondary
      design feature.

      (7) Section 6297 of this title shall apply to the products
    covered in paragraphs (1) through (4) beginning on August 8, 2005,
    except that any State or local labeling requirement for ceiling
    fans prescribed or enacted before August 8, 2005, shall not be
    preempted until the labeling requirements applicable to ceiling
    fans established under section 6294 of this title take effect.
    (gg) Standby mode energy use
      (1) Definitions
        (A) In general
          Unless the Secretary determines otherwise pursuant to
        subparagraph (B), in this subsection:
          (i) Active mode
            The term "active mode" means the condition in which an
          energy-using product - 
              (I) is connected to a main power source;
              (II) has been activated; and
              (III) provides 1 or more main functions.
          (ii) Off mode
            The term "off mode" means the condition in which an energy-
          using product - 
              (I) is connected to a main power source; and
              (II) is not providing any standby or active mode
            function.
          (iii) Standby mode
            The term "standby mode" means the condition in which an
          energy-using product - 
              (I) is connected to a main power source; and
              (II) offers 1 or more of the following user-oriented or
            protective functions:
                (aa) To facilitate the activation or deactivation of
              other functions (including active mode) by remote switch
              (including remote control), internal sensor, or timer.
                (bb) Continuous functions, including information or
              status displays (including clocks) or sensor-based
              functions.
        (B) Amended definitions
          The Secretary may, by rule, amend the definitions under
        subparagraph (A), taking into consideration the most current
        versions of Standards 62301 and 62087 of the International
        Electrotechnical Commission.
      (2) Test procedures
        (A) In general
          Test procedures for all covered products shall be amended
        pursuant to section 6293 of this title to include standby mode
        and off mode energy consumption, taking into consideration the
        most current versions of Standards 62301 and 62087 of the
        International Electrotechnical Commission, with such energy
        consumption integrated into the overall energy efficiency,
        energy consumption, or other energy descriptor for each covered
        product, unless the Secretary determines that - 
            (i) the current test procedures for a covered product
          already fully account for and incorporate the standby mode
          and off mode energy consumption of the covered product; or
            (ii) such an integrated test procedure is technically
          infeasible for a particular covered product, in which case
          the Secretary shall prescribe a separate standby mode and off
          mode energy use test procedure for the covered product, if
          technically feasible.
        (B) Deadlines
          The test procedure amendments required by subparagraph (A)
        shall be prescribed in a final rule no later than the following
        dates:
            (i) December 31, 2008, for battery chargers and external
          power supplies.
            (ii) March 31, 2009, for clothes dryers, room air
          conditioners, and fluorescent lamp ballasts.
            (iii) June 30, 2009, for residential clothes washers.
            (iv) September 30, 2009, for residential furnaces and
          boilers.
            (v) March 31, 2010, for residential water heaters, direct
          heating equipment, and pool heaters.
            (vi) March 31, 2011, for residential dishwashers, ranges
          and ovens, microwave ovens, and dehumidifiers.
        (C) Prior product standards
          The test procedure amendments adopted pursuant to
        subparagraph (B) shall not be used to determine compliance with
        product standards established prior to the adoption of the
        amended test procedures.
      (3) Incorporation into standard
        (A) In general
          Subject to subparagraph (B), based on the test procedures
        required under paragraph (2), any final rule establishing or
        revising a standard for a covered product, adopted after July
        1, 2010, shall incorporate standby mode and off mode energy use
        into a single amended or new standard, pursuant to subsection
        (o), if feasible.
        (B) Separate standards
          If not feasible, the Secretary shall prescribe within the
        final rule a separate standard for standby mode and off mode
        energy consumption, if justified under subsection (o).
    (hh) Metal halide lamp fixtures
      (1) Standards
        (A) In general
          Subject to subparagraphs (B) and (C), metal halide lamp
        fixtures designed to be operated with lamps rated greater than
        or equal to 150 watts but less than or equal to 500 watts shall
        contain - 
            (i) a pulse-start metal halide ballast with a minimum
          ballast efficiency of 88 percent;
            (ii) a magnetic probe-start ballast with a minimum ballast
          efficiency of 94 percent; or
            (iii) a nonpulse-start electronic ballast with - 
              (I) a minimum ballast efficiency of 92 percent for
            wattages greater than 250 watts; and
              (II) a minimum ballast efficiency of 90 percent for
            wattages less than or equal to 250 watts.
        (B) Exclusions
          The standards established under subparagraph (A) shall not
        apply to - 
            (i) fixtures with regulated lag ballasts;
            (ii) fixtures that use electronic ballasts that operate at
          480 volts; or
            (iii) fixtures that - 
              (I) are rated only for 150 watt lamps;
              (II) are rated for use in wet locations, as specified by
            the National Electrical Code 2002, section 410.4(A); and
              (III) contain a ballast that is rated to operate at
            ambient air temperatures above 50º