Energy Conservation Program: Proposed Withdrawal of Determination of Compressors as a Covered Equipment

DEPARTMENT OF ENERGY <CFR>10 CFR Parts 429 and 431</CFR> <DEPDOC>[EERE-2025-BT-DET-0007]</DEPDOC> <RIN>RIN 1904-AF77</RIN> <SUBJECT>Energy Conservation Program: Proposed Withdrawal of Determination of Compressors as a Covered Equipment</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of Energy Efficiency and Renewable Energy, Department of Energy (DOE). <HD SOURCE="HED">ACTION:</HD> Notice of proposed withdrawal of determination; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> DOE is proposing to withdraw its prior determination that compressors qualify as covered equipment under Part A-1 of Title III of the Energy Policy and Conservation Act, as amended (“EPCA”). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Comments:</E> Comments must be received on or before July 15, 2025. <E T="03">Meeting:</E> DOE will hold a meeting via a webinar on Thursday, May 29, 2025, from 1:00 p.m. to 4:00 p.m. See section III of this document, “Public Participation,” for webinar registration information, participant instructions and information about the capabilities available to webinar participants. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at <E T="03">www.regulations.gov</E> under docket number EERE-2025-BT-DET-0007. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2025-BT-DET-0007, by any of the following methods: (1) <E T="03">Email: Compressors2025DET0007@ee.doe.gov.</E> Include the docket number EERE-2025-BT-DET-0007 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. (2) <E T="03">Postal Mail:</E> Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a compact disc (“CD”), in which case it is not necessary to include printed copies. (3) <E T="03">Hand Delivery/Courier:</E> Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimiles (“faxes”) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section III of this document. <E T="03">Docket:</E> The docket for this proposed withdrawal of determination, which includes <E T="04">Federal Register</E> notices, public meeting attendee lists and transcripts (if one is held), comments, and other supporting documents and materials, is available for review at <E T="03">www.regulations.gov.</E> All documents in the docket are listed in the <E T="03">www.regulations.gov</E> index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. The docket web page can be found at <E T="03">www.regulations.gov/docket/EERE-2025-BT-DET-0007.</E> The docket web page contains instructions on how to access all documents, including public comments, in the docket, as well as a summary of the rulemaking. See section III of this document, “Public Participation,” for further information on how to submit comments through <E T="03">www.regulations.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Mr. David Taggart, U.S. Department of Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586- 5281. Email: <E T="03">DOEGeneralCounsel@hq.doe.gov.</E> For further information on how to submit a comment or review other public comments and the docket contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: <E T="03">ApplianceStandardsQuestions@ee.doe.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. General Discussion </FP> <FP SOURCE="FP-2">II. Procedural Issues and Regulatory Review </FP> <FP SOURCE="FP1-2">A. Review Under Executive Order 12866 </FP> <FP SOURCE="FP1-2">B. Review Under the Regulatory Flexibility Act </FP> <FP SOURCE="FP1-2">C. Review Under the Paperwork Reduction Act </FP> <FP SOURCE="FP1-2">D. Review Under the National Environmental Policy Act of 1969 </FP> <FP SOURCE="FP1-2">E. Review Under Executive Order 13132 </FP> <FP SOURCE="FP1-2">F. Review Under Executive Order 12988 </FP> <FP SOURCE="FP1-2">G. Review Under the Unfunded Mandates Reform Act of 1995 </FP> <FP SOURCE="FP1-2">H. Review Under the Treasury and General Government Appropriations Act, 1999 </FP> <FP SOURCE="FP1-2">I. Review Under Executive Order 12630 </FP> <FP SOURCE="FP1-2">J. Review Under the Treasury and General Government Appropriations Act, 2001 </FP> <FP SOURCE="FP1-2">K. Review Under Executive Order 13211 </FP> <FP SOURCE="FP1-2">L. Review Under the Information Quality Bulletin for Peer Review </FP> <FP SOURCE="FP1-2">M. Review Under Additional Executive Orders and Presidential Memoranda </FP> <FP SOURCE="FP-2">III. Public Participation </FP> <FP SOURCE="FP1-2">A. Participation in the Webinar </FP> <FP SOURCE="FP1-2">B. Procedure for Submitting Prepared General Statements for Distribution </FP> <FP SOURCE="FP1-2">C. Conduct of the Webinar </FP> <FP SOURCE="FP1-2">D. Submission of Comments </FP> <FP SOURCE="FP1-2">E. Issues on Which DOE Seeks Comments </FP> <FP SOURCE="FP-2">IV. Approval of the Office of the Secretary</FP> </EXTRACT> <HD SOURCE="HD1">I. General Discussion</HD> Under EPCA, DOE may add a type of industrial equipment to the list of covered equipment for which energy conservation standards can be established. (42 U.S.C. 6311(2)(b)(1) and 6312(b)) The coverage determination procedures require DOE to determine that classifying industrial equipment of such type as covered equipment is necessary to carry out the purposes of this part. (42 U.S.C. 6312(b)) After coverage is determined, DOE may then adopt standards and test procedures regulating such equipment, pursuant to the requirements set out in the statute. (See generally 42 U.S.C. 6314, 6316(a), 6295(o)) On December 31, 2012, DOE published in the <E T="04">Federal Register</E> a notice of proposed determination (“NOPD”) that proposed a coverage of compressors. 77 FR 76972 (“December 2012 NOPR”). After considering public comments, DOE finalized the coverage determination for compressors. 81 FR 79991 (Nov. 15, 2016) (“November 2016 Determination”). As part of the November 2016 Determination, DOE adopted a definition for compressors. 81 FR 79991, 79998. DOE has reevaluated whether including compressors as a covered equipment is necessary to carry out the purpose of Part A-1 of EPCA. Based on that evaluation, DOE has tentatively determined that it is unnecessary to include compressors as covered equipment. EPCA provides the Secretary discretion in including a type of industrial equipment as covered equipment because the Secretary <E T="03">may</E> classify equipment if certain requirements are met. (See 42 U.S.C. 6312(b) (emphasis added)) The proposed withdrawal is consistent with a policy to classify industrial equipment as covered equipment only if energy conservation standards will significantly increase the energy resources of the nation, without compromising the performance of industrial products. DOE has tentatively determined that the inclusion of compressors does not meet that standard. Additionally, the proposed withdrawal is consistent with the Secretary's position that regulatory burdens should be reduced wherever possible, consistent with DOE's statutory obligations. DOE is seeking comment on all aspects of this proposal, including the November 2016 Determination's consistency with DOE's statutory authority and the constitution, its costs and benefits, and its impact on small businesses and innovation. If DOE proceeds with issuing a final withdrawal of the coverage determination for compressors, then DOE subsequently lacks the authority to prescribe test procedures and energy conservation standards for compressors. (See 42 U.S.C. 6314(b), 6295(o)(2)(A), (o)(3)(B)) For this reason, DOE is also proposing to withdraw the applicable test procedures, certification requirements, and energy conservations standards for compressors. See 10 CFR 429.63, 431.344, 431.345. <HD SOURCE="HD1">II. Procedural Issues and Regulatory Review</HD> <HD SOURCE="HD2">A. Review Under Executive Order 12866</HD> Executive Order (“E.O.”) 12866, “Regulatory Planning and Review,” requires agencies, to the extent permitted by law, to (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs; (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits; (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. 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