December at-a-glance … energy

DOE to adopt changes to interim waiver process

The U.S. Department of Energy (DOE) issued a Federal Register notice revising the test procedure interim waiver process adopted in its December 2020 Final Rule. DOE asserts that the 2020 rule is inconsistent with the purpose and requirements of the Energy Policy and Conservation Act (EPCA). In its revised process, the agency removes the provision that interim waivers will be automatically granted if DOE fails to notify the petitioner of the disposition of the petition within 45 business days of receipt of the petition. Instead, DOE intends to “make best efforts to process any interim waiver request within 90 days of receipt.” The revised rule will take effect 60 days after it appears in the Federal Register.

White House Executive Order 13990 required all agencies to review regulations, policies, etc. adopted during the Trump administration to confront the climate crisis.

DOE begins process to amend ACIM test procedures

DOE issued a pre-publication Federal Register notice of proposed rulemaking (NOPR) seeking comments to amend the test procedures for automatic commercial ice makers (ACIM). According to the notice, test procedures should include the latest industry standards; establish relative humidity and water hardness test conditions; provide additional detail regarding certain test conditions, settings, setup requirements and calculations; include a voluntary measurement of potable water use; clarify certification and reporting requirements; and add enforcement provisions.

DOE will accept comments, data and information regarding the NOPR until 60 days after publication in the Federal Register. Interested parties can register for a DOE webinar Tuesday, February 1, 2022, from 1- 4 p.m. ET.

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