October 23, 2024

October ’24 at-a-glance … energy

NAFEM continues to advocate for “no-new-standard” CRE decision from DOE; concurrently addresses concerns with agency introducing social cost of carbon into discussion 

In its comments to the U.S. Department of Energy’s (DOE) recent Notice of Data Availability (NODA), NAFEM reiterated that the agency has failed to address substantial deficiencies that NAFEM previously identified. As a result, “DOE continues to fall short of its statutory obligation to ensure that proposed standards are technologically feasible and economically justified.” NAFEM again requested the data upon which the agency is making its recommendations and expressed hopes for continued dialogue before final standards are issued.  

According to a court settlement agreement, DOE is required to issue final CRE standards by Nov. 30. NAFEM’s legal counsel at Barnes & Thornburg believe the court could permit a one month delay to Dec. 30.  

At the same time, NAFEM and a number of allied associations shared comments with DOE about the agency’s recent inclusion of the social cost of carbon in its evaluation criteria. “It is critical that DOE’s analysis is based on sound data and is vetted by stakeholders and properly qualified peer reviewers. Thus, we strongly urge DOE not to stray from its current analytical process.” Joining NAFEM in these comments were the American Lighting Association (ALA); Association of Home Appliance Manufacturers (AHAM); National Electrical Manufacturers Association (NEMA); (National Automatic Merchandising Association (NAMA); Plumbing Manufacturers International (PMI); and Power Tool Institute (PTI).  

ACIM and WIC/F final rules pending 

The spring semiannual Unified Agenda offered information on when DOE anticipates issuing final energy-conservation standards:  

  • Automatic Commercial Ice Maker (ACIM) standards were expected in September but have yet to be sent to the Office of Management and Budget (OMB) for review. The OMB process typically takes 90 days, which makes it likely that the final rule will be issued in December. 
  • Walkin Cooler/Freezer standards were sent to OMB mid-September, which makes a December final rule likely.