State Petitions
Summary
Part B of Title III of the Energy Policy and Conservation Act as amended (hereafter "EPCA" or "Act") established the Energy Conservation Program for Consumer Products Other Than Automobiles. (42 U.S.C. 6291-6309) Products covered under the Program and the authority to regulate them, are listed in section 322. (42 U.S.C. 6292) Federal energy efficiency requirements for residential products generally preempt State laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) However, the Department can grant waivers of Federal preemption (hereafter "waiver" or "exemption") for particular State laws or regulations, in accordance with the procedures and other provisions of section 327(d) of the Act. (42 U.S.C. 6243(d)) In particular, section 327(d)(1)(A) of EPCA provides that any State or river basin commission with a State regulation regarding energy use, energy efficiency, or water use requirements for products regulated by the Energy Conservation Program, may petition for an exemption from federal preemption and apply its own State regulation. (42 U.S.C. 6297(d)(1)(A))
California Petition
- Request for Reconsideration of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, January 29, 2007
- Notice of Denial of the California Energy Commission's Petition for Waiver from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, Federal Register, December 28, 2006
- The Department of Energy published a Federal Register Notice on February 6, 2006, announcing the filing of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, and is requesting written comments, data and information by April 7, 2006
- Petition to Exempt from Preemption California's Water Conservation Standards for Residential Clothes Washers, California Energy Commission letter dated September 13, 2005
- The Department announced the extension of the time period for evaluation and decision on the disposition of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, Federal Register, June 20, 2006
Comments Received on California Petition
Contact Information
Bryan Berringer
Project Manager
(202) 586-0371
Massachusetts Petition
- Petition for Waiver of Federal Preemption Pursuant to 327(d), 42 U.S.C. 6297(d) of the Energy Policy and Conservation Act
- Energy Efficiency Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces, Notice of Petition for Exemption, Federal Register, 75 FR 4548, January 28, 2010
- Energy Efficiency Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces, Notice of Comments Received on Petition for Exemption, Federal Register, 75 FR 32177, June 7, 2010
- Energy Conservation Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces, Notice of Denial of a Petition for Waiver from Federal Preemption, Federal Register, 75FR 62115, October 7, 2010
Comments Received on Massachusetts Petition
Contact Information
Mohammed Khan
Project Manager
(202) 586-7892