DOE Requests Comments on Energy Conservation Standards Process Rule and Analytic Framework

The U.S. Department of Energy (DOE) published two related Federal Register notices today seeking public input on how the Department develops energy conservation standards and test procedures for consumer products and certain commercial and industrial equipment under the Energy Policy and Conservation Act (EPCA).

Notice of Proposed Rulemaking: Process Rule Revisions

DOE is proposing updates to its “Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment” (the Process Rule).

Among other changes, DOE proposes to:

• Amend the factors for consideration in selecting proposed standards, including removing impacts on the environment and adding consideration of consumer choice and certain consumer economic impacts
• Revert to language from the 2020 Process Rule text, with minor edits, in several sections
• Make the Process Rule binding on DOE for certain actions
• Add a definition of “significant energy savings” and re-instate the description of clear and convincing evidence
• Re-instate the comparative analysis requirement, described as a “walk up” approach, and include certain economic thresholds

Of particular relevance to the standards community, DOE proposes to reinstate 2020 Process Rule language on industry test procedures, specifying that DOE will “adopt industry test procedure standards as DOE test procedures for covered products and equipment, but only if DOE determines that such procedures would not be unduly burdensome to conduct and would produce test results that reflect the energy efficiency, energy use, water use (as specified in EPCA), or estimated operating costs of that equipment during a representative average use cycle. DOE may also adopt industry test procedure standards with modifications or craft its own procedures as necessary to ensure compatibility with the relevant statutory requirements, as well as DOE’s compliance, certification, and enforcement requirements.”

Comments on the Notice of Proposed Rulemaking are due by August 6, 2026. DOE will also hold a public webinar on July 15 to discuss the proposal and obtain additional input.

View the Federal Register notice for the full proposal, webinar registration information, and instructions on how to submit comments.

Request for Information: Analytic Framework

In a separate but related action, DOE is requesting comments on the assumptions, models, and methodologies it uses in setting energy conservation standards for covered products and equipment. DOE is also seeking input on a report from the National Academies of Sciences, Engineering, and Medicine (NASEM) Committee on Review of Methods for Setting Building and Equipment Performance Standards, and on how DOE might implement the NASEM report’s recommendations.

The RFI is organized around findings and recommendations from the NASEM report and topics raised in stakeholder comments to DOE’s 2025 Process Rule RFI, covering areas including problem statement and market failure, technology assessment, key considerations for economic justification pursuant to EPCA (consumer effects, manufacturer effects, life-cycle cost and energy savings, market effects, and emissions), data collection, and effects on power systems. Additional analytic topics addressed include repair and installation cost assumptions, modeling retirement and replacement, the analytic timeline, and the baseline.

Comments on the RFI are due by September 8, 2026.

View the Federal Register notice for the full RFI and instructions on how to submit comments.