Sec. 1106. Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products
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Section 326(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6296(b) ) is amended by adding at the end the following: For the purpose of periodic testing to verify compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342 for covered products described in paragraphs (3), (4), (5), (9), and
(11)of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and
(K)of section 340(1), the Secretary and the Administrator of the Environmental Protection Agency shall rely on testing conducted by voluntary verification programs that are recognized by the Secretary in accordance with subparagraph (B). Not later than 180 days after the date of enactment of this paragraph, the Secretary shall initiate a negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ) to develop criteria that have consensus support for achieving recognition by the Secretary as an approved voluntary verification program. The criteria developed under clause
(i)shall, at a minimum, ensure that the voluntary verification program— is nationally recognized; is operated by a third party and not directly operated by a program participant; satisfies any applicable elements of— International Organization for Standardization standard numbered 17025; and any other relevant International Organization for Standardization standards identified and agreed to through the negotiated rulemaking under clause (i); at least annually tests independently obtained products following the test procedures established under this title to verify the certified rating of a representative sample of products and equipment within the scope of the program; maintains a publicly available list of all ratings of products subject to verification; requires the changing of the performance rating or removal of the product or equipment from the program if testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; requires new program participants to substantiate ratings through test data generated in accordance with DOE regulations; allows for challenge testing of products and equipment within the scope of the program; requires program participants to disclose the performance rating of all covered products and equipment within the scope of the program for the covered product or equipment; provides to the Secretary— an annual report of all test results, the contents of which shall be determined through the negotiated rulemaking process under clause (i); and test reports, on the request of the Secretary or the Administrator of the Environmental Protection Agency, that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing, to be exempted from disclosure to the extent provided under section 552(b)(4) of title 5, United States Code (commonly known as the Freedom of Information Act ); and satisfies any additional requirements or standards that the Secretary and Administrator of the Environmental Protection Agency shall establish consistent with this subparagraph. The Secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph
(A)on a finding that the program is not meeting its obligations for compliance through program review criteria established under this subparagraph. Major revisions to voluntary verification program criteria established under this subparagraph shall only be made pursuant to a subsequent negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ). The Secretary may make all other nonmajor criteria revisions by initiating a direct final rule in accordance with section 553(b)(3)(B) of title 5, United States Code, on a determination published in the Federal Register that revisions to the criteria are necessary and that substantive opposition to the proposed revisions is not expected. If the Secretary does not receive adversarial comments with respect to the determination published under item
(aa)during the 30-day-period following publication of that determination in the Federal Register, the direct final rule shall have the force and effect of law. Receipt of any adversarial comment with respect to the determination published under item
(aa)shall require the Secretary to withdraw the direct final rule and publish— a notice of proposed rulemaking pursuant to section 553 of title 5, United States Code; or a notice of proposed rulemaking pursuant to section 553 of title 5, United States Code, that includes a determination that revisions to the criteria are necessary. The Secretary and the Administrator of the Environmental Protection Agency shall not require— manufacturers to participate in a voluntary verification program described in subparagraph (A); or participating manufacturers to provide information that has already been provided to the Secretary or the Administrator. The Secretary or the Administrator of the Environmental Protection Agency may maintain a publicly available list of covered products and equipment that distinguishes between products that are, and are not covered products and equipment verified through a voluntary verification program described in subparagraph (A); The Secretary— shall not subject products or equipment that have been verification tested under a voluntary verification program described in subparagraph
(A)to periodic verification testing that verifies the accuracy of the certified performance rating of the products or equipment; but may test products or equipment described in subclause
(I)if the testing is necessary— to assess the overall performance of a voluntary verification program; to address specific performance issues; for use in updating test procedures and standards; or for other purposes consistent with this title. The Secretary may subject products or equipment described in subclause
(I)to periodic verification testing outside the restrictions of subclause (I)(bb), if agreed to during the rulemaking described in subparagraph
(B)Nothing in this paragraph limits the authority of the Secretary or the Administrator of the Environmental Protection Agency to enforce compliance with any law. .
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Sec. 1106
Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products
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