US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC6291]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6291. Definitions

    For purposes of this part:
        (1) The term ``consumer product'' means any article (other than 
    an automobile, as defined in section 32901(a)(3) of title 49) of a 
    type--
            (A) which in operation consumes, or is designed to consume, 
        energy or, with respect to showerheads, faucets, water closets, 
        and urinals, water; and
            (B) which, to any significant extent, is distributed in 
        commerce for personal use or consumption by individuals;

    without regard to whether such article of such type is in fact 
    distributed in commerce for personal use or consumption by an 
    individual, except that such term includes fluorescent lamp 
    ballasts, general service fluorescent lamps, incandescent reflector 
    lamps, showerheads, faucets, water closets, and urinals distributed 
    in commerce for personal or commercial use or consumption.
        (2) The term ``covered product'' means a consumer product of a 
    type specified in section 6292 of this title.
        (3) The term ``energy'' means electricity, or fossil fuels. The 
    Secretary may, by rule, include other fuels within the meaning of 
    the term ``energy'' if he determines that such inclusion is 
    necessary or appropriate to carry out the purposes of this chapter.
        (4) The term ``energy use'' means the quantity of energy 
    directly consumed by a consumer product at point of use, determined 
    in accordance with test procedures under section 6293 of this title.
        (5) The term ``energy efficiency'' means the ratio of the useful 
    output of services from a consumer product to the energy use of such 
    product, determined in accordance with test procedures under section 
    6293 of this title.
        (6) The term ``energy conservation standard'' means--
            (A) a performance standard which prescribes a minimum level 
        of energy efficiency or a maximum quantity of energy use, or, in 
        the case of showerheads, faucets, water closets, and urinals, 
        water use, for a covered product, determined in accordance with 
        test procedures prescribed under section 6293 of this title; or
            (B) a design requirement for the products specified in 
        paragraphs (6), (7), (8), (10), (15), (16), (17), and (19) of 
        section 6292(a) of this title; and

    includes any other requirements which the Secretary may prescribe 
    under section 6295(r) of this title.
        (7) The term ``estimated annual operating cost'' means the 
    aggregate retail cost of the energy which is likely to be consumed 
    annually, and in the case of showerheads, faucets, water closets, 
    and urinals, the aggregate retail cost of water and wastewater 
    treatment services likely to be incurred annually, in representative 
    use of a consumer product, determined in accordance with section 
    6293 of this title.
        (8) The term ``measure of energy consumption'' means energy use, 
    energy efficiency, estimated annual operating cost, or other measure 
    of energy consumption.
        (9) The term ``class of covered products'' means a group of 
    covered products, the functions or intended uses of which are 
    similar (as determined by the Secretary).
        (10) The term ``manufacture'' means to manufacture, produce, 
    assemble or import.
        (11) The terms ``import'' and ``importation'' mean to import 
    into the customs territory of the United States.
        (12) The term ``manufacturer'' means any person who manufactures 
    a consumer product.
        (13) The term ``retailer'' means a person to whom a consumer 
    product is delivered or sold, if such delivery or sale is for 
    purposes of sale or distribution in commerce to purchasers who buy 
    such product for purposes other than resale.
        (14) The term ``distributor'' means a person (other than a 
    manufacturer or retailer) to whom a consumer product is delivered or 
    sold for purposes of distribution in commerce.
        (15)(A) The term ``private labeler'' means an owner of a brand 
    or trademark on the label of a consumer product which bears a 
    private label.
        (B) A consumer product bears a private label if (i) such product 
    (or its container) is labeled with the brand or trademark of a 
    person other than a manufacturer of such product, (ii) the person 
    with whose brand or trademark such product (or container) is labeled 
    has authorized or caused such product to be so labeled, and (iii) 
    the brand or trademark of a manufacturer of such product does not 
    appear on such label.
        (16) The terms ``to distribute in commerce'' and ``distribution 
    in commerce'' mean to sell in commerce, to import, to introduce or 
    deliver for introduction into commerce, or to hold for sale or 
    distribution after introduction into commerce.
        (17) The term ``commerce'' means trade, traffic, commerce, or 
    transportation--
            (A) between a place in a State and any place outside 
        thereof, or
            (B) which affects trade, traffic, commerce, or 
        transportation described in subparagraph (A).

        (18) The term ``Commission'' means the Federal Trade Commission.
        (19) The term ``AV'' is the adjusted volume for refrigerators, 
    refrigerator-freezers, and freezers, as defined in the applicable 
    test procedure prescribed under section 6293 of this title.
        (20) The term ``annual fuel utilization efficiency'' means the 
    efficiency descriptor for furnaces and boilers, determined using 
    test procedures prescribed under section 6293 of this title and 
    based on the assumption that all--
            (A) weatherized warm air furnaces or boilers are located 
        out-of-doors;
            (B) warm air furnaces which are not weatherized are located 
        indoors and all combustion and ventilation air is admitted 
        through grills or ducts from the outdoors and does not 
        communicate with air in the conditioned space; and
            (C) boilers which are not weatherized are located within the 
        heated space.

        (21) The term ``central air conditioner'' means a product, other 
    than a packaged terminal air conditioner, which--
            (A) is powered by single phase electric current;
            (B) is air-cooled;
            (C) is rated below 65,000 Btu per hour;
            (D) is not contained within the same cabinet as a furnace 
        the rated capacity of which is above 225,000 Btu per hour; and
            (E) is a heat pump or a cooling only unit.

        (22) The term ``efficiency descriptor'' means the ratio of the 
    useful output to the total energy input, determined using the test 
    procedures prescribed under section 6293 of this title and expressed 
    for the following products in the following terms:
            (A) For furnaces and direct heating equipment, annual fuel 
        utilization efficiency.
            (B) For room air conditioners, energy efficiency ratio.
            (C) For central air conditioning and central air 
        conditioning heat pumps, seasonal energy efficiency ratio.
            (D) For water heaters, energy factor.
            (E) For pool heaters, thermal efficiency.

        (23) The term ``furnace'' means a product which utilizes only 
    single-phase electric current, or single-phase electric current or 
    DC current in conjunction with natural gas, propane, or home heating 
    oil, and which--
            (A) is designed to be the principal heating source for the 
        living space of a residence;
            (B) is not contained within the same cabinet with a central 
        air conditioner whose rated cooling capacity is above 65,000 Btu 
        per hour;
            (C) is an electric central furnace, electric boiler, forced-
        air central furnace, gravity central furnace, or low pressure 
        steam or hot water boiler; and
            (D) has a heat input rate of less than 300,000 Btu per hour 
        for electric boilers and low pressure steam or hot water boilers 
        and less than 225,000 Btu per hour for forced-air central 
        furnaces, gravity central furnaces, and electric central 
        furnaces.

        (24) The terms ``heat pump'' or ``reverse cycle'' mean a 
    product, other than a packaged terminal heat pump, which--
            (A) consists of one or more assemblies;
            (B) is powered by single phase electric current;
            (C) is rated below 65,000 Btu per hour;
            (D) utilizes an indoor conditioning coil, compressors, and 
        refrigerant-to-outdoor-air heat exchanger to provide air 
        heating; and
            (E) may also provide air cooling, dehumidifying, humidifying 
        circulating, and air cleaning.

        (25) The term ``pool heater'' means an appliance designed for 
    heating nonpotable water contained at atmospheric pressure, 
    including heating water in swimming pools, spas, hot tubs and 
    similar applications.
        (26) The term ``thermal efficiency of pool heaters'' means a 
    measure of the heat in the water delivered at the heater outlet 
    divided by the heat input of the pool heater as measured under test 
    conditions specified in section 2.8.1 of the American National 
    Standard for Gas Fired Pool Heaters, Z21.56-1986, or as may be 
    prescribed by the Secretary.
        (27) The term ``water heater'' means a product which utilizes 
    oil, gas, or electricity to heat potable water for use outside the 
    heater upon demand, including--
            (A) storage type units which heat and store water at a 
        thermostatically controlled temperature, including gas storage 
        water heaters with an input of 75,000 Btu per hour or less, oil 
        storage water heaters with an input of 105,000 Btu per hour or 
        less, and electric storage water heaters with an input of 12 
        kilowatts or less;
            (B) instantaneous type units which heat water but contain no 
        more than one gallon of water per 4,000 Btu per hour of input, 
        including gas instantaneous water heaters with an input of 
        200,000 Btu per hour or less, oil instantaneous water heaters 
        with an input of 210,000 Btu per hour or less, and electric 
        instantaneous water heaters with an input of 12 kilowatts or 
        less; and
            (C) heat pump type units, with a maximum current rating of 
        24 amperes at a voltage no greater than 250 volts, which are 
        products designed to transfer thermal energy from one 
        temperature level to a higher temperature level for the purpose 
        of heating water, including all ancillary equipment such as 
        fans, storage tanks, pumps, or controls necessary for the device 
        to perform its function.

        (28) The term ``weatherized warm air furnace or boiler'' means a 
    furnace or boiler designed for installation outdoors, approved for 
    resistance to wind, rain, and snow, and supplied with its own 
    venting system.
        (29)(A) The term ``fluorescent lamp ballast'' means a device 
    which is used to start and operate fluorescent lamps by providing a 
    starting voltage and current and limiting the current during normal 
    operation.
        (B) The term ``ANSI standard'' means a standard developed by a 
    committee accredited by the American National Standards Institute.
        (C) The term ``ballast efficacy factor'' means the relative 
    light output divided by the power input of a fluorescent lamp 
    ballast, as measured under test conditions specified in ANSI 
    standard C82.2-1984, or as may be prescribed by the Secretary.
        (D)(i) The term ``F40T12 lamp'' means a nominal 40 watt tubular 
    fluorescent lamp which is 48 inches in length and one-and-a-half 
    inches in diameter, and conforms to ANSI standard C78.1-1978(R1984).
        (ii) The term ``F96T12 lamp'' means a nominal 75 watt tubular 
    fluorescent lamp which is 96 inches in length and one-and-a-half 
    inches in diameter, and conforms to ANSI standard C78.3-1978(R1984).
        (iii) The term ``F96T12HO lamp'' means a nominal 110 watt 
    tubular fluorescent lamp which is 96 inches in length and one-and-a-
    half inches in diameter, and conforms to ANSI standard C78.1-
    1978(R1984).
        (E) The term ``input current'' means the root-mean-square (RMS) 
    current in amperes delivered to a fluorescent lamp ballast.
        (F) The term ``luminaire'' means a complete lighting unit 
    consisting of a fluorescent lamp or lamps, together with parts 
    designed to distribute the light, to position and protect such 
    lamps, and to connect such lamps to the power supply through the 
    ballast.
        (G) The term ``ballast input voltage'' means the rated input 
    voltage of a fluorescent lamp ballast.
        (H) The term ``nominal lamp watts'' means the wattage at which a 
    fluorescent lamp is designed to operate.
        (I) The term ``power factor'' means the power input divided by 
    the product of ballast input voltage and input current of a 
    fluorescent lamp ballast, as measured under test conditions 
    specified in ANSI standard C82.2-1984, or as may be prescribed by 
    the Secretary.
        (J) The term ``power input'' means the power consumption in 
    watts of a ballast and fluorescent lamp or lamps, as determined in 
    accordance with the test procedures specified in ANSI standard 
    C82.2-1984, or as may be prescribed by the Secretary.
        (K) The term ``relative light output'' means the light output 
    delivered through the use of a ballast divided by the light output 
    delivered through the use of a reference ballast, expressed as a 
    percent, as determined in accordance with the test procedures 
    specified in ANSI standard C82.2-1984, or as may be prescribed by 
    the Secretary.
        (L) The term ``residential building'' means a structure or 
    portion of a structure which provides facilities or shelter for 
    human residency, except that such term does not include any 
    multifamily residential structure of more than three stories above 
    grade.
        (30)(A) Except as provided in subparagraph (E), the term 
    ``fluorescent lamp'' means a low pressure mercury electric-discharge 
    source in which a fluorescing coating transforms some of the 
    ultraviolet energy generated by the mercury discharge into light, 
    including only the following:
            (i) Any straight-shaped lamp (commonly referred to as 4-foot 
        medium bi-pin lamps) with medium bi-pin bases of nominal overall 
        length of 48 inches and rated wattage of 28 or more.
            (ii) Any U-shaped lamp (commonly referred to as 2-foot U-
        shaped lamps) with medium bi-pin bases of nominal overall length 
        between 22 and 25 inches and rated wattage of 28 or more.
            (iii) Any rapid start lamp (commonly referred to as 8-foot 
        high output lamps) with recessed double contact bases of nominal 
        overall length of 96 inches and 0.800 nominal amperes, as 
        defined in ANSI C78.1-1978 and related supplements.
            (iv) Any instant start lamp (commonly referred to as 8-foot 
        slimline lamps) with single pin bases of nominal overall length 
        of 96 inches and rated wattage of 52 or more, as defined in ANSI 
        C78.3-1978 (R1984) and related supplement ANSI C78.3a-1985.

        (B) The term ``general service fluorescent lamp'' means 
    fluorescent lamps which can be used to satisfy the majority of 
    fluorescent applications, but does not include any lamp designed and 
    marketed for the following nongeneral lighting applications:
            (i) Fluorescent lamps designed to promote plant growth.
            (ii) Fluorescent lamps specifically designed for cold 
        temperature installations.
            (iii) Colored fluorescent lamps.
            (iv) Impact-resistant fluorescent lamps.
            (v) Reflectorized or aperture lamps.
            (vi) Fluorescent lamps designed for use in reprographic 
        equipment.
            (vii) Lamps primarily designed to produce radiation in the 
        ultra-violet region of the spectrum.
            (viii) Lamps with a color rendering index of 82 or greater.

        (C) Except as provided in subparagraph (E), the term 
    ``incandescent lamp'' means a lamp in which light is produced by a 
    filament heated to incandescence by an electric current, including 
    only the following:
            (i) Any lamp (commonly referred to as lower wattage 
        nonreflector general service lamps, including any tungsten-
        halogen lamp) that has a rated wattage between 30 and 199 watts, 
        has an E26 medium screw base, has a rated voltage or voltage 
        range that lies at least partially within 115 and 130 volts, and 
        is not a reflector lamp.
            (ii) Any lamp (commonly referred to as a reflector lamp) 
        which is not colored or designed for rough or vibration service 
        applications, that contains an inner reflective coating on the 
        outer bulb to direct the light, an R, PAR, or similar bulb 
        shapes (excluding ER or BR) with E26 medium screw bases, a rated 
        voltage or voltage range that lies at least partially within 115 
        and 130 volts, a diameter which exceeds 2.75 inches, and is 
        either--
                (I) a low(er) wattage reflector lamp which has a rated 
            wattage between 40 and 205 watts; or
                (II) a high(er) wattage reflector lamp which has a rated 
            wattage above 205 watts.

            (iii) Any general service incandescent lamp (commonly 
        referred to as a high- or higher-wattage lamp) that has a rated 
        wattage above 199 watts (above 205 watts for a high wattage 
        reflector lamp).

        (D) The term ``general service incandescent lamp'' means any 
    incandescent lamp (other than a miniature or photographic lamp) that 
    has an E26 medium screw base, a rated voltage range at least 
    partially within 115 and 130 volts, and which can be used to satisfy 
    the majority of lighting applications, but does not include any 
    lamps specifically designed for--
            (i) traffic signal, or street lighting service;
            (ii) airway, airport, aircraft, or other aviation service;
            (iii) marine or marine signal service;
            (iv) photo, projection, sound reproduction, or film viewer 
        service;
            (v) stage, studio, or television service;
            (vi) mill, saw mill, or other industrial process service;
            (vii) mine service;
            (viii) headlight, locomotive, street railway, or other 
        transportation service;
            (ix) heating service;
            (x) code beacon, marine signal, lighthouse, reprographic, or 
        other communication service;
            (xi) medical or dental service;
            (xii) microscope, map, microfilm, or other specialized 
        equipment service;
            (xiii) swimming pool or other underwater service;
            (xiv) decorative or showcase service;
            (xv) producing colored light;
            (xvi) shatter resistance which has an external protective 
        coating; or
            (xvii) appliance service.

        (E) The terms ``fluorescent lamp'' and ``incandescent lamp'' do 
    not include any lamp excluded by the Secretary, by rule, as a result 
    of a determination that standards for such lamp would not result in 
    significant energy savings because such lamp is designed for special 
    applications or has special characteristics not available in 
    reasonably substitutable lamp types.
        (F) The term ``incandescent reflector lamp'' means a lamp 
    described in subparagraph (C)(ii).
        (G) The term ``average lamp efficacy'' means the lamp efficacy 
    readings taken over a statistically significant period of 
    manufacture with the readings averaged over that period.
        (H) The term ``base'' means the portion of the lamp which 
    connects with the socket as described in ANSI C81.61-1990.
        (I) The term ``bulb shape'' means the shape of lamp, especially 
    the glass bulb with designations for bulb shapes found in ANSI 
    C79.1-1980 (R1984).
        (J) The term ``color rendering index'' or ``CRI'' means the 
    measure of the degree of color shift objects undergo when 
    illuminated by a light source as compared with the color of those 
    same objects when illuminated by a reference source of comparable 
    color temperature.
        (K) The term ``correlated color temperature'' means the absolute 
    temperature of a blackbody whose chromaticity most nearly resembles 
    that of the light source.
        (L) The term ``IES'' means the Illuminating Engineering Society 
    of North America.
        (M) The term ``lamp efficacy'' means the lumen output of a lamp 
    divided by its wattage, expressed in lumens per watt (LPW).
        (N) The term ``lamp type'' means all lamps designated as having 
    the same electrical and lighting characteristics and made by one 
    manufacturer.
        (O) The term ``lamp wattage'' means the total electrical power 
    consumed by a lamp in watts, after the initial seasoning period 
    referenced in the appropriate IES standard test procedure and 
    including, for fluorescent, arc watts plus cathode watts.
        (P) The terms ``life'' and ``lifetime'' mean length of operating 
    time of a statistically large group of lamps between first use and 
    failure of 50 percent of the group in accordance with test 
    procedures described in the IES Lighting Handbook-Reference Volume.
        (Q) The term ``lumen output'' means total luminous flux (power) 
    of a lamp in lumens, as measured in accordance with applicable IES 
    standards as determined by the Secretary.
        (R) The term ``tungsten-halogen lamp'' means a gas-filled 
    tungsten filament incandescent lamp containing a certain proportion 
    of halogens in an inert gas.
        (S) The term ``medium base compact fluorescent lamp'' means an 
    integrally ballasted fluorescent lamp with a medium screw base and a 
    rated input voltage of 115 to 130 volts and which is designed as a 
    direct replacement for a general service incandescent lamp.
        (31)(A) The term ``water use'' means the quantity of water 
    flowing through a showerhead, faucet, water closet, or urinal at 
    point of use, determined in accordance with test procedures under 
    section 6293 of this title.
        (B) The term ``ASME'' means the American Society of Mechanical 
    Engineers.
        (C) The term ``ANSI'' means the American National Standards 
    Institute.
        (D) The term ``showerhead'' means any showerhead (including a 
    handheld showerhead), except a safety shower showerhead.
        (E) The term ``faucet'' means a lavatory faucet, kitchen faucet, 
    metering faucet, or replacement aerator for a lavatory or kitchen 
    faucet.
        (F) The term ``water closet'' has the meaning given such term in 
    ASME A112.19.2M-1990, except such term does not include fixtures 
    designed for installation in prisons.
        (G) The term ``urinal'' has the meaning given such term in ASME 
    A112.19.2M-1990, except such term does not include fixtures designed 
    for installation in prisons.
        (H) The terms ``blowout'', ``flushometer tank'', ``low 
    consumption'', and ``flushometer valve'' have the meaning given such 
    terms in ASME A112.19.2M-1990.

(Pub. L. 94-163, title III, Sec. 321, Dec. 22, 1975, 89 Stat. 917; Pub. 
L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. 
L. 100-12, Sec. 2, Mar. 17, 1987, 101 Stat. 103; Pub. L. 100-357, 
Sec. 2(a), June 28, 1988, 102 Stat. 671; Pub. L. 102-486, title I, 
Sec. 123(b), Oct. 24, 1992, 106 Stat. 2817; Pub. L. 105-388, 
Sec. 5(a)(2), Nov. 13, 1998, 112 Stat. 3478.)

                       References in Text

    This chapter, referred to in subsec. (a)(3), was in the original 
``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as 
amended, known as the Energy Policy and Conservation Act. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6201 of this title and Tables.


                               Amendments

    1998--Par. (1). Pub. L. 105-388 substituted ``section 32901(a)(3) of 
title 49'' for ``section 501(1) of the Motor Vehicle Information and 
Cost Savings Act'' and struck out second period at end.
    1992--Pub. L. 102-486, Sec. 123(b)(1), in introductory provisions, 
struck out ``(a)'' before ``For purposes''.
    Par. (1). Pub. L. 102-486, Sec. 123(b)(2)(B), which directed 
amendment of par. (1)(B) by substituting ``ballasts, general service 
fluorescent lamps, incandescent reflector lamps, showerheads, faucets, 
water closets, and urinals'' for ``ballasts'', was executed by making 
amendment in closing provisions of par. (1), to reflect the probable 
intent of Congress.
    Par. (1)(A). Pub. L. 102-486, Sec. 123(b)(2)(A), inserted ``or, with 
respect to showerheads, faucets, water closets, and urinals, water'' 
after ``energy''.
    Par. (6). Pub. L. 102-486, Sec. 123(b)(3)(B)(ii), which directed 
amendment of par. (6)(B) by substituting ``6295(r)'' for ``6295(o)'', 
was executed by making amendment in closing provisions of par. (6), to 
reflect the probable intent of Congress.
    Par. (6)(A). Pub. L. 102-486, Sec. 123(b)(3)(A), inserted ``, or, in 
the case of showerheads, faucets, water closets, and urinals, water 
use,'' after ``energy use''.
    Par. (6)(B). Pub. L. 102-486, Sec. 123(b)(3)(B)(i), substituted 
``(15), (16), (17), and (19)'' for ``and (14)''.
    Par. (7). Pub. L. 102-486, Sec. 123(b)(4), inserted ``, and in the 
case of showerheads, faucets, water closets, and urinals, the aggregate 
retail cost of water and wastewater treatment services likely to be 
incurred annually,'' after ``to be consumed annually''.
    Pars. (30), (31). Pub. L. 102-486, Sec. 123(b)(5), added pars. (30) 
and (31).
    1988--Subsec. (a)(1). Pub. L. 100-357, Sec. 2(a)(2), inserted before 
period at end ``, except that such term includes fluorescent lamp 
ballasts distributed in commerce for personal or commercial use or 
consumption.''
    Subsec. (a)(6)(B). Pub. L. 100-357, Sec. 2(a)(3), substituted 
``(14)'' for ``(13)''.
    Subsec. (a)(29). Pub. L. 100-357, Sec. 2(a)(1), added par. (29).
    1987--Subsec. (a)(6). Pub. L. 100-12, Sec. 2(a), amended par. (6) 
generally. Prior to amendment, par. (6) read as follows: ``The term 
`energy efficiency standard' means a performance standard--
        ``(A) which prescribes a minimum level of energy efficiency for 
    a covered product, determined in accordance with test procedures 
    prescribed under section 6293 of this title, and
        ``(B) which includes any other requirements which the Secretary 
    may prescribe under section 6295(c) of this title.''
    Subsec. (a)(19) to (28). Pub. L. 100-12, Sec. 2(b), added pars. (19) 
to (28).
    1978--Subsec. (a)(3), (6)(B), (9). Pub. L. 95-619 substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration, wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in section 6311 of this title.