DOE Proposes to Withdraw Portable Air Cleaners as a Covered Product Under EPCA

DOE proposed to withdraw its prior determination that portable air cleaners qualify as covered products under Part A of Title III of the Energy Policy and Conservation Act (“EPCA”). On July 15, 2022, 87 FR 42297 established coverage for air cleaners. DOE now states that it has reevaluated whether including air cleaners as a covered product is necessary and appropriate to carry out the purposes of EPCA. Based on that reevaluation, DOE has tentatively determined that, at this time, it is not necessary or appropriate to classify air cleaners as a covered product to carry out the purposes of EPCA. Using the discretion provided by EPCA for classifying additional covered products, DOE has tentatively determined that “there are other avenues to conserve energy supplies than classifying air cleaners as a covered product and establishing standards.”