Regional Efficiency Standards Enforcement

The Department of Energy (DOE) has issued a notice of pre-publication of the Final Rule on Regional Standards Enforcement. This communication outlines the major requirements that will be applicable to “Contractors” given in DOE’s Final Rule pre-publication. We anticipate the Final Rule to be officially published in the Federal Register shortly.

 

The full text of the pre-publication version of the Final Rule is available HERE.

 

This communication is a summary of the Final Rule and does not constitute legal advice. Geary Pacific highly recommends that you consult with your own legal counsel to ensure you understand the requirements specific to your organization.

As a reminder, Regional Standards only apply to single-phase air conditioner products less than 65,000 Btu/hr. (Split system and Packaged)

 

Actions DOE May Take

  • Issue a Notice of Violation for an installation that violates Regional Standards.
  • Determine that a contractor is a routine violator.
  • Issue a Notice of Finding of Routine Violation.
  • Issue civil penalties for violations.

Definition of Contractor


The term “Contractor” means a person (other than the manufacturer or distributor) who sells to and/or installs for an end user a central air conditioner subject to regional standards. The term “end user” means the entity that purchases or selects for purchase the central air conditioner. Some examples of typical “end users” are homeowners, building owners, building managers, and property developers.

Contractor Responsibilities

  • Installing, or selling for installation, a unit that does not meet regional standards is a violation.
  • Retain these records for split  system  air conditioners installed in the Southwest and for single package air conditioners installed in the Southwest for at least 48 months from the date of installation:
    • Manufacturer name and Model number
    • Serial number (outdoor unit only)
    • Location of Installation (street address, city, state and zip code)
    • Date of Installation
    • Party from whom the unit was purchased (Distributor name, address and phone number)
  • Providing training on regional standards for their own employees can reduce the likelihood of being determined a routine violator.
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