9 February 2009
[Federal Register: February 9, 2009 (Volume 74, Number 25)]
[Presidential Documents]
[Page 6537-6538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe09-81]
Presidential Documents
[[Page 6537]]
Memorandum of February 5, 2009
Appliance Efficiency Standards
Memorandum for the Secretary of Energy
Under the Energy Policy and Conservation Act of 1975
(EPCA), the Department of Energy (DOE) is required to
establish by certain dates energy efficiency standards
for a broad class of residential and commercial
products. These products are appliances and other
equipment used in consumers' homes and in commercial
establishments. In the Energy Policy Act of 2005
(EPACT), the Congress directed the DOE to develop a
plan to issue expeditiously efficiency standards for
those products with respect to which the Department had
not yet met the deadlines specified in the EPCA.
In 2005, 14 States and various other entities brought
suit alleging that the DOE had failed to comply with
deadlines and other requirements in the EPCA. In
November 2006, the DOE entered into a consent decree
under which the DOE agreed to publish final rules
regarding 22 product categories by specific deadlines,
the latest of which is June 30, 2011. The consent
decree includes target dates for the rulemaking
processes and sets deadlines for issuance of final
rules with respect to each product category. The Energy
Independence and Security Act of 2007 (EISA) directed
the DOE to establish energy standards for additional
product categories.
The DOE remains subject to outstanding deadlines with
respect to 15 of the 22 product categories covered by
the consent decree, as well as statutory deadlines for
a number of additional product categories. These
efficiency standards, once implemented, will result in
significant energy savings for the American people.
Therefore, I request that:
(a) the DOE take all necessary steps, consistent
with the consent decree, EPACT, and EISA, to finalize
legally required efficiency standards as expeditiously
as possible and consistent with all applicable judicial
and statutory deadlines. Such standards include, most
immediately, those covered by the five energy
efficiency rules with deadlines prior to and including
August 8, 2009;
(b) with respect to standards subject to judicial
and statutory deadlines later than August 8, 2009, the
DOE work to complete prior to the applicable deadline
those standards that will result in the greatest energy
savings. To undertake this task, the DOE should
quantify, to the extent feasible and consistent with
statutory requirements, the expected annual energy
savings from the relevant standards. The DOE must,
however, ensure that it meets applicable deadlines for
all standards.
[[Page 6538]]
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other
person.
You are hereby authorized and directed to publish this
memorandum in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, February 5, 2009
[FR Doc. E9-2890
Filed 2-6-09; 12:00 pm]
Billing code 6450-01-P
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