CargoAdmin, Bureaucrats, Moderators (CommentStreams), fileuploaders, Interface administrators, newuser, Push subscription managers, Suppressors, Administrators
5,230
edits
Appliance Standards (2020 Transition): Difference between revisions
Appliance Standards (2020 Transition) (view source)
Revision as of 14:58, 20 December 2024
, 20 December 2024Extracted from files at Transition book#Department of Energy
(Created page with "{{TB 2020 Book 2}} DOE continually strives to meet its legal obligations under the Appliance Standards Program, while ensuring that meaningful improvements are proposed and published through a robust public process. DOE is authorized by the Energy Policy and Conservation Act (EPCA), as amended, to establish energy conservation standards that are both technologically feasible and economically justified for U.S. consumers....") |
(Extracted from files at Transition book#Department of Energy) |
||
| Line 14: | Line 14: | ||
Since 1989, in more than 60 rulemakings subject to statutory deadlines, the Department has issued the required rule on time as required by the statute only six times. During that same time period, the Department has had, on average, nearly 15 outstanding deadlines each year. Over the 32 years starting in 1989 through 2020, only four years had fewer than five outstanding deadlines, and three of those years were 1989-1991. In calendar year 2020, DOE is at about the annual average for outstanding deadlines. | Since 1989, in more than 60 rulemakings subject to statutory deadlines, the Department has issued the required rule on time as required by the statute only six times. During that same time period, the Department has had, on average, nearly 15 outstanding deadlines each year. Over the 32 years starting in 1989 through 2020, only four years had fewer than five outstanding deadlines, and three of those years were 1989-1991. In calendar year 2020, DOE is at about the annual average for outstanding deadlines. | ||
DOE is subject to two kinds of statutory deadlines. The first are those in which Congress sets an initial standard in law and directs the Department to review that standard, usually three to five years after the statutory standard is enacted. Second, DOE is required by statute to consider whether to amend the existing standards for a given product at least once every six years. The [[Energy Policy and Conservation Act|EPCA]] also generally requires a three to five-year compliance lead time after DOE publishes a final rule setting a new standard under this six-year lookback requirement. | DOE is subject to two kinds of statutory deadlines. | ||
* The first are those in which Congress sets an initial standard in law and directs the Department to review that standard, usually three to five years after the statutory standard is enacted. | |||
* Second, DOE is required by statute to consider whether to amend the existing standards for a given product at least once every six years. The [[Energy Policy and Conservation Act|EPCA]] also generally requires a three to five-year compliance lead time after DOE publishes a final rule setting a new standard under this six-year lookback requirement. | |||
The standards rulemaking process requires that data be collected and analyzed to determine whether a new standard is justified and, if so, what that standard might be. Typically, there are no new data available until the market has adjusted to the previous rulemaking. Given the statutorily prescribed three to five-year lead-time period before compliance with a new standard is required, market adjustment to the previous standard generally does not happen until many years after issuance of the last rulemaking. The problem is that the data gathering and analysis required for DOE to consider whether new standards are justified, as well as the public participation requirements specified in EPCA for the promulgation of a rule that DOE has found are invaluable to the standards development process, simply cannot fit within a statutory timeframe for rulemaking that requires a decision to be made before the data are available. As a result, the Department struggles to meet statutory deadlines so long as the law requires that decision in six years or less, as historical precedent shows. | The standards rulemaking process requires that data be collected and analyzed to determine whether a new standard is justified and, if so, what that standard might be. Typically, there are no new data available until the market has adjusted to the previous rulemaking. Given the statutorily prescribed three to five-year lead-time period before compliance with a new standard is required, market adjustment to the previous standard generally does not happen until many years after issuance of the last rulemaking. The problem is that the data gathering and analysis required for DOE to consider whether new standards are justified, as well as the public participation requirements specified in EPCA for the promulgation of a rule that DOE has found are invaluable to the standards development process, simply cannot fit within a statutory timeframe for rulemaking that requires a decision to be made before the data are available. As a result, the Department struggles to meet statutory deadlines so long as the law requires that decision in six years or less, as historical precedent shows. | ||