§6314 Test Procedures

Summary

Requires the Secretary to check every class of covered equipment at least once every 7 years and either update the test methods or publish a notice saying no change is needed. Test methods must give fair results for energy efficiency, energy use, and estimated operating costs during a typical use cycle and must not be too hard to run. If a test method estimates yearly operating costs, those costs must come from measured energy use in a representative cycle and from representative average unit energy prices. The Secretary must give manufacturers those representative energy prices. For many commercial HVAC, heating, water‑heating, packaged units, refrigeration products, automatic ice makers, commercial clothes washers, and electric motors, the law ties test methods to specific industry standards in effect on set dates (for example, ASHRAE/ARI methods as of June 30, 1992; NEMA MG1–1987 and IEEE 112 Test Method B as of October 24, 1992; ASHRAE 117 and AHRI 810–2003 as of January 1, 2005). If those industry standards change, the Secretary must usually update the federal test method to match unless a formal rule (supported by clear and convincing evidence) says doing so would not meet the goals above. For commercial refrigerators covered by a February 2002 California standard, rating temperatures are 38°F (±2°F) for refrigerator compartments and 0°F (±2°F) for freezer compartments. The Secretary must set test rules for walk‑in coolers and freezers by January 1, 2010; those rules may use verified computer models and must use ASTM C518–2004 for K factors and specified foam temperatures when calculating R‑values. Before any final test method is adopted, the Secretary must publish a proposal in the Federal Register and allow at least 45 days for oral and written comment. The Secretary must reevaluate each test method within 3 years of adopting it and later as needed, and must propose changes with at least 45 days for comment. Starting 180 days after a test method rule takes effect (or 360 days for the many listed commercial products), no manufacturer, distributor, retailer, or private labeler may make written or broadcast claims about the product’s energy use or operating cost unless the product was tested under that method and the claim fairly shows the test results. A petitioner who asks not later than the 60th day before that deadline may get up to an additional 180 days if the Secretary finds undue hardship. The Secretary may ask NIST for help, including help making test procedures.