The U.S. Department of Energy (DOE) has issued a pre-publication Federal Register notice of Direct Final Rule (DFR) pertaining to energy conservation standards for commercial package air conditioners and heat pumps (CUAC/CUHP). The Energy Policy and Conservation Act (EPCA), prescribes standards for various consumer products and certain commercial and industrial equipment, including CUAC/CUHPs. In this DFR, DOE is adopting amended standards for CUAC/CUHPs. DOE has determined that the amended standards for these products would result in significant conservation of energy and are technologically feasible and economically justified.

• The effective date of this rule is 120 days after the rule’s publication in the Federal Register.
• If adverse comments are received by 110 days after publication in the Federal Register and DOE determines that such comments may provide a reasonable basis for withdrawal of the direct final rule under 42 U.S.C. 6295(o), a timely withdrawal of this rule will be published in the Federal Register. If no such adverse comments are received, compliance with the new and amended standards established for RCWs in this direct final rule is required on and after January 1, 2029.

DOE has also issued a pre-publication Federal Register notice of proposed rulemaking (NOPR) that proposes amended standards for CUAC/CUHPs identical to those set forth in the direct final rule. If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawal of the direct final rule, DOE will publish a notice of withdrawal and will proceed with this proposed rule.

• DOE will accept comments, data, and information regarding the NOPR until 110 days after publication of the NOPR in the Federal Register.
• Interested persons may submit comments identified by docket number (EERE–2022–BT–STD-0015) by email (CommPkgACHP2022STDandTP0015@ee.doe.gov), Federal eRulemaking portal (http://www.regulations.gov).

DOE has issued a pre-publication Federal Register final rule to amend the test procedures for air-cooled commercial package air conditioners and heat pumps with a rated cooling capacity greater than or equal to 65,000 Btu/h, evaporatively-cooled commercial package air conditioners, and water-cooled commercial package air conditioners to incorporate by reference the latest versions of the applicable industry test standards. Specifically, the rule amends the current test procedure for this equipment for measuring the current cooling and heating metrics – integrated energy efficiency ratio (IEER) and coefficient of performance (COP), respectively; and establishes a new test procedure for this equipment that adopts two new metrics—integrated ventilation, economizer, and cooling (IVEC) and integrated ventilation and heating efficiency (IVHE). Additionally, the rule amends certain provisions of DOE’s regulations related to representations and enforcement for the subject equipment.

On August 2, 2022 DOE published a notice of intent to establish a working group for Commercial Unitary Air Conditioner and Commercial Unitary Heat Pumps to negotiate a notice of proposed rulemaking for test procedures and energy conservation standards.  Information regarding the CUAC and CUHP working group is located on the working group webpage. The commercial package air conditioners and heat pumps energy conservation standards and test procedures rulemaking docket EERE-2022-BT-STD-0015 contains all notices, public comments, working group and public meeting transcripts, and supporting documents pertaining to this rulemaking.

For the latest information on the planned timing of future DOE regulatory milestones, see the current Office of Management and Budget Unified Agenda of Regulatory and Deregulatory Actions. All planned dates are preliminary and subject to change.

Air-cooled unitary air-conditioners and heat pumps manufactured and distributed in commerce, as defined by 42 U.S.C. 6291(16), must meet the energy conservation standards specified in the Code of Federal Regulations at  10 CFR 431.97.

To determine that air-cooled unitary air-conditioners and heat pumps that are currently manufactured or distributed into commerce are in compliance with DOE standards, manufacturers must follow the test procedure methods specified at 10 CFR 431.96.