DOE Proposes to Remove Environmental Considerations from its EPCA Process

DOE proposed revising the Process Rule governing how it develops appliance and equipment energy conservation standards and test procedures under the Energy Policy and Conservation Act (EPCA). DOE proposed to remove environmental impacts as a factor the agency considers when selecting the stringency of a new or amended energy conservation standard. Similarly, DOE proposed to remove environmental factors from the list of considerations used to set EPCA rulemaking priorities, replacing that factor with "potential social and private costs and benefits." At the same time, DOE proposed adding to its list of considerations “protecting consumer choice” and “eliminating counterproductive requirements that increase the costs of appliances.” DOE framed these changes as implementing Executive Order 14154 (“Unleashing American Energy”), specifically its direction that agencies exclude consideration of greenhouse-gas emissions and the social cost of carbon beyond what is explicitly required by statute.