HWG LLP Energy Advisory
By: Sean A. Lev, John A. Hodges, and Jason E. Neal
The Department of Energy (DOE) has issued a large number of significant proposals concerning the agency’s energy efficiency program under the Energy Policy and Conservation Act (EPCA).1 They address and propose to rescind or amend a broad range of efficiency standards, test procedures, and coverage determinations for products under the program. DOE’s new proposals are reflective of policies in Executive Orders issued early in the Trump Administration such as “Unleashing American Energy”2 and “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis.”3
Comments are due by July 15, 2025 for all the proposals except for furnace fans, which are due by June 16, 2025.
Air cleaners. DOE is proposing to withdraw its prior determination to include air cleaners as a covered product. It is also proposing to withdraw the applicable test procedures, certification requirements, and standards for air cleaners.4
Fans and blowers. DOE is proposing to withdraw its prior determination to include fans and blowers as covered equipment. It is also proposing a policy to classify products as industrial equipment only if energy conservation standards will generate a significant impact on the energy resources of the nation without compromising the performance of the products. DOE has tentatively determined that the classification of fans and blowers does not meet that standard.5
Dehumidifiers. DOE is proposing to rescind the amended energy conservation standards for all dehumidifiers (excluding whole-home dehumidifiers), which constitute a distinct class of dehumidifier for which energy conservation standards are not statutorily prescribed. The rescission would return the energy conservation standards to those in EPCA.6
Commercial clothes washers. DOE is proposing to repeal the amended water conservation standards for commercial clothes washers. This would return the standards for commercial clothes washers to the statutory baseline.7
Battery chargers. DOE is proposing to rescind the efficiency standards for battery chargers. DOE says that this would effectively remove battery chargers from the energy conservation program.8
Automatic commercial ice makers. DOE is proposing to rescind the amended water use standards for automatic commercial ice makers. DOE says that this would return the water use standards for these products to the statutory baseline.9
Commercial prerinse spray valves. DOE is proposing to rescind the amended water use standards for commercial prerinse spray valves. DOE says that this would return the water use standards for these products to the statutory baseline.10
Compact residential clothes washers. DOE is proposing to rescind the efficiency standards for compact residential clothes washers. DOE says that this would eliminate the efficiency standards for compact residential clothes washers, leaving the standards for standard size residential clothes washers.11
Consumer furnace fans. DOE is considering whether to revise its existing regulations regarding the energy conservation standards for consumer furnace fans. DOE is initiating this effort through a request for information to invite public input on appropriate standard levels that are technologically feasible, economically justified, and result in significant conservation of energy.12
Conventional cooking tops. DOE is proposing to rescind the amended design requirements for conventional cooking tops. DOE says that this would return the design requirements for conventional cooking tops to the standards for kitchen ranges and ovens set by Congress.13
Conventional ovens. DOE is proposing to rescind the amended design requirements for conventional ovens. DOE says that this would return the design requirements for conventional ovens to the standards for kitchen ranges and ovens set by Congress.14
External power supplies. DOE is proposing to rescind the amended efficiency standards for external power supplies. DOE says that this recission would result in a reversion to the efficiency standard legislated by Congress in the Energy Independence and Security Act of 2007.15
Faucets. DOE is proposing to rescind the amended water use standards for faucets. DOE says that this would reset existing water use requirements for faucets to the statutory standard.16
Microwave ovens. DOE is proposing to rescind the energy conservation standards for microwave ovens. DOE says that this would eliminate the efficiency requirements for microwave ovens.17
Residential clothes washers. DOE is proposing to rescind the amended water use standards for residential clothes washers. DOE says that this would return the water use requirement for clothes washers to the statutory water factor.18
Commercial warm air furnaces. DOE is proposing to amend the test procedure for commercial warm air furnaces by rescinding Appendix B, “Uniform Test Method for Measurement of the Energy Efficiency of Commercial Warm Air Furnaces (Thermal Efficiency Two).”19
Small electric motors. DOE is proposing to rescind its regulations establishing a small electric motor nationally recognized certification and testing laboratory accreditation program.20
Compressors. DOE is proposing to withdraw its prior determination that compressors qualify as covered equipment. DOE is also proposing to withdraw the applicable test procedures, certification requirements, and energy conservations standards for compressors.21
Miscellaneous refrigeration products. DOE is proposing to withdraw its prior determination that miscellaneous refrigeration products qualify as covered products. It is also proposing to withdraw the applicable test procedures, certification requirements, and energy conservations standards for these products.22
Portable air conditioners. DOE is proposing to withdraw its prior determination that portable air conditioners qualify as covered products. DOE is also proposing to withdraw the applicable energy conservations standards for these products.23
Residential dish washers. DOE is proposing to rescind the amended water use standards for residential dishwashers. DOE says that this would return the water use requirement for a standard size dishwasher to the statutory standard.24
Conclusion. The Trump Administration is seeking to bring about significant changes in national energy policy. Much of this is playing out in the proposals DOE has issued for its energy efficiency program. Many of these proceedings raise important legal issues. Affected parties should consider whether to participate in these important proceedings.
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For more information please contact Sean A. Lev, John A. Hodges, or Jason E. Neal. Sean Lev has served as Acting General Counsel and Deputy General Counsel for Environment and Nuclear Programs at DOE and as General Counsel at the Federal Communications Commission. John Hodges regularly counsels clients on energy efficiency issues, including standards, testing and labeling, legislation, rulemaking, litigation, and enforcement. Jason Neal counsels clients on regulatory issues in DOE proceedings and represents clients in appellate challenges to adverse decisions.
Andreas M. Rivera Young, a Legal Analyst at HWG LLP, contributed to the preparation of this advisory under the supervision of John Hodges.
This advisory is not intended to convey legal advice. It is circulated publicly as a convenience and does not reflect or create an attorney-client relationship.
1 42 U.S.C. § 6291 et seq.
2 Unleashing American Energy, The White House (Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/unleashing-american-energy/.
3 Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis, The White House (Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/delivering-emergency-price-relief-for-american-families-and-defeating-the-cost-of-living-crisis/.
4 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Proposed Withdrawal of Determination of Air Cleaners as a Covered Consumer Product, Notice of Proposed Withdrawal of Determination, 90 Fed. Reg. 20835 (May 16, 2025).
5 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Proposed Withdrawal of Determination of Fans and Blowers as Covered Equipment, Proposed Rule, 90 Fed. Reg. 20930 (May 16, 2025).
6 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Rescinding in Part the Amended Energy Conservation Standards for Dehumidifiers, Proposed Rule, 90 Fed. Reg. 20864 (May 16, 2025).
7 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Rescinding the Amended Water Conservation Standards for Commercial Clothes Washers, Proposed Rule, 90 Fed. Reg. 20925 (May 16, 2025).
8 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Rescinding the Efficiency Standards for Battery Chargers, Proposed Rule, 90 Fed. Reg. 20868 (May 16, 2025).
9 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Automatic Commercial Ice Makers, Proposed Rule, 90 Fed. Reg. 20919 (May 16, 2025).
10 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Commercial Prerinse Spray Valves, Proposed Rule, 90 Fed. Reg. 20935 (May 16, 2025).
11 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Compact Residential Clothes Washers, Proposed Rule, 90 Fed. Reg. 20905 (May 16, 2025).
12 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Consumer Furnace Fans, Proposed Rule, 90 Fed. Reg. 20873 (May 16, 2025).
13 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Conventional Cooking Tops, Proposed Rule, 90 Fed. Reg. 20881 (May 16, 2025).
14 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Conventional Ovens, Proposed Rule, 90 Fed. Reg. 20885 (May 16, 2025).
15 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for External Power Supplies, Notice of Proposed Rulemaking, 90 Fed. Reg. 20899 (May 16, 2025).
16 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Faucets, Notice of Proposed Rulemakings, 90 Fed. Reg. 20854 (May 16, 2025).
17 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Program: Energy Conservation Standards for Microwave Ovens, Proposed Rule, 90 Fed. Reg. 20895 (May 16, 2025).
18 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Energy Conservation Standards for Residential Clothes Washers, Notice of Proposed Rulemaking, 90 Fed. Reg. 20890 (May 16, 2025).
19 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Test Procedures for Commercial Warm Air Furnaces, Proposed Rule, 90 Fed. Reg. 20909 (May 16, 2025).
20 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Test Procedures for Small Electric Motors, Proposed Rulemaking, 90 Fed. Reg. 20915 (May 16, 2025).
21 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Proposed Withdrawal of Determination of Compressors as a Covered Equipment, Notice of Proposed Withdrawal of Determination, 90 Fed. Reg. 20849 (May 16, 2025).
22 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Proposed Withdrawal of Determination of Miscellaneous Refrigeration Products as a Covered Consumer Product, Notice of Proposed Withdrawal of Determination, 90 Fed. Reg. 20840 (May 16, 2025).
23 DOE, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program: Proposed Withdrawal of Determination of Portable Air Conditioners as a Covered Consumer Product, Notice of Proposed Rulemaking, 90 Fed. Reg. 20876 (May 16, 2025).
24 DOE, Office of Energy Efficiency and Renewable Energy, Rescinding the Amended Water Use Standards for Residential Dishwashers, Proposed Rule, 90 Fed. Reg. 20859 (May 16, 2025).