DOE Proposes Rescinding Small Electric Motor Certification and Testing Laboratory Accreditation Program

DOE proposed rescinding its regulations establishing the small-electric-motor nationally recognized certification and testing laboratory accreditation program. Title III of the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291, et seq.) sets forth a variety of provisions designed to improve appliance and commercial equipment energy efficiency. Part C of Title III (42 U.S.C. 6311-6317), which was subsequently redesignated as Part A-1, establishes an energy conservation program for certain industrial equipment, which includes small electric motors. On May 4, 2012, DOE added regulations establishing a certification program and procedures governing that program to the Code of Federal Regulations (“CFR”) at 10 CFR 431.447 and 448. See 87 FR 26608, 26639-26640. DOE now states that it will pursue “a new policy to reduce regulatory burden wherever possible.” Under this policy, “unless a regulatory standard is required by statute,” the Secretary proposes eliminating that requirement.