Sec. 441. 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 verifying 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 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 and the Administrator of the Environmental Protection Agency 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; 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 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 certified products and equipment and their certified ratings; 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 the qualification of new participants in the program through testing and production of test reports; allows for challenge testing of products and equipment within the scope of the program; requires program participants to certify 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); prompt notification when program testing results in— the rerating of the performance rating of a product or equipment; or the delisting of a product or equipment; 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 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 and the Administrator of the Environmental Protection Agency may revise the criteria established under clause
(ii)by initiating— a notice of proposed rulemaking in accordance with section 553(b) of title 5, United States Code, on publication of a determination in the Federal Register that revisions to the criteria are necessary; or a direct final rule in accordance with section 553(b)(3)(B) of title 5, United States Code, on publication of a determination 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 during the 30-day period following publication of the determination in the Federal Register under subclause (I)(bb), the direct final rule shall have full force and effect. If the Secretary receives adversarial comments during the 30-day period following publication of the determination in the Federal Register under subclause (I)(bb), the Secretary shall withdraw the direct final rule and publish a notice of proposed rulemaking in accordance with subclause (I)(aa). 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 can be obtained through a voluntary verification program described in subparagraph (A). The Secretary or the Administrator of the Environmental Protection Agency may maintain a publicly available list of covered products and equipment certified under this section that distinguishes between— covered products and equipment certified by a voluntary verification program described in subparagraph (A); and products not certified by a voluntary verification program described in subparagraph (A). The Secretary— shall not subject products or equipment that are certified 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; to determine other performance characteristics for use in updating test procedures and standards; or for other purposes consistent with this title. 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. 441
Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products
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