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Introduction
In a notice of proposed rulemaking (NPRM), DOE is proposing to “update and modernize the Department’s current rulemaking methodology titled, ‘Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products’ (‘Process Rule’).” While the agency has adhered to internal procedures for adopting energy conservation standards for years, the NPRM seeks to make those procedures binding on the agency and align its Process Rule with the Energy Policy and Conservation Act of 1975 (EPCA), as amended. The proposed Process Rule attempts a number of changes and seeks comment on additional ways to improve the procedures. Specifically, DOE states that the document would improve DOE’s process in the following ways:
These proposals would address: (1) Processes that may no longer track the current legal requirements of EPCA; (2) processes that do not take into account the maturation of DOE’s appliance program to the point that modernization is necessary; (3) that DOE has not rigorously followed the Process Rule in many instances; (4) the need for regulatory reform to reduce the costs and burdens of rulemaking; and (5) the need to clarify that the Process Rule applies to commercial/industrial equipment. In evaluating and seeking to expand the positive impacts of the Process Rule, as well as remedying the above-described negative developments, this proposal will address the changed landscape of the rulemaking process under EPCA, and endeavor to modernize the Process Rule.
DOE’s proposed rule includes many important provisions and is largely a step in the right direction. This public comment will focus on eight areas of interest in the revised Process Rule, highlighting both beneficial changes and additional areas for improvement.