January 28, 2020
At the same time DOE publishes the Process Rule in the Federal Register, it also will issue a Supplemental Notice of Proposed Rulemaking to address one of the unresolved questions NAFEM raised in its prior comments to the agency.
Specifically, NAFEM stressed the importance of requiring an amended standard only if it results in significant energy conservation that is technologically feasible and cost effective, as required under the EPCA. Instead, DOE proposed changing from its current “walk down” approach to comparative analysis. Comparative analysis only looks at the whether the costs outweigh the benefits for a given set of technologies, starting with the most-stringent level that is technologically feasible. DOE has now proposed an approach that compares the costs and benefits between different sets of technologies. DOE believes this alternative approach will better address whether a new standard is economically justified. The comment period on the proposed rule will be open for 30 days following publication in the Federal Register. NAFEM will continue to engage with DOE on this process.