Regulatory Freeze Delays New Energy Efficiency, Renewable Fuel Standards

Date: January 20th, 2017

Explanation: Presidential Memorandum

Agencies: DOE, EPA, White House

Today, the Trump Administration issued a Presidential Memorandum entitled “Regulatory Freeze Pending Review” which directs all agencies to postpone the publication of new and pending regulations in order to give the new administration time to review those regulations. Specifically, the memorandum states that:

  • Pending regulations should not be submitted to the Office of the Federal Register (“OFR”) until a department or agency head appointed by President Trump reviews and approves the regulation.
  • Regulations that have been sent to the OFR but not yet published in the Federal Register should be immediately withdrawn for review and approval as provided above.
  • The effective date of regulations that have been published in the Federal Register but have not yet taken effect should be postponed until March 21, 2017 to provide an opportunity for the incoming administration to review these regulations.

Regulations subject to statutory or judicial deadlines are excluded from these directives.

Affected regulations: The memorandum indefinitely postpones the publication of four energy efficiency standards finalized by the Department of Energy (DOE) in December 2016 as part of the Energy Conservation Program (these standards have not yet been published in the Federal Register and thus had to be withdrawn for review). These include:

The memorandum also postpones the effective date of renewable fuel standards recently promulgated by the Environmental Protection Agency (EPA) and published in the Federal Register:

A complete list of affected EPA regulations is available here. Additional information about postponed rules will be noted in future tracker entries.

Energy Efficiency Standards for Appliances and Equipment

The Department of Energy (DOE), through the Buildings Technologies Office, sets minimum energy efficiency standards for approximately 60 categories of appliances and equipment used in homes, businesses, and other applications, as required by existing law. The appliances and equipment covered provide services that are used by consumers and businesses each day, such as space heating and cooling, refrigeration, cooking, clothes washing and drying, and lighting. DOE’s minimum efficiency standards significantly reduce U.S. energy demand, lower emissions of greenhouse gases and other pollutants, and save consumers billions of dollars every year, without lessening the vital services provided by these products. In addition, DOE implements laws designed to limit the water consumption of several plumbing products. Fact Sheet >>

For regulations pertaining to appliance standards and test procedures, see CFR Title 10, Chapter II, Part 430; for commercial and industrial equipment standards and test procedures, see Title 10, Chapter II, Part 431; for certification, compliance, and enforcement standards, see Title 10, Chapter II, Part 429.

Deregulatory Action: On January 20, 2017, the Trump Administration issued a Presidential Memorandum entitled “Regulatory Freeze Pending Review” which directs all agencies to postpone the publication of new and pending regulations in order to give the new administration time to review those regulations. More info >>

The memorandum indefinitely postpones the publication of four energy efficiency standards finalized by the Department of Energy (DOE) in December 2016 as part of the Energy Conservation Program (these standards have not yet been published in the Federal Register and thus had to be withdrawn for review). These include:

Shortly after the memorandum was issued, DOE also postponed the effective date of certain energy efficiency standards that had already been published in the Federal Register until March 21, 2017:

Update: On March 20, 2017, DOE further postponed the effective date of test procedures for walk-in coolers and freezers, central air conditioners and heat pumps, and compressors, and conservation standards for ceiling fans.

On May 24, 2017, DOE published a notice announcing that the standards for ceiling fans would go into effect on September 30, 2017.

Litigation: On April 3, 2017, a coalition of states filed a lawsuit challenging the administration’s decision to delay the energy efficiency standards for ceiling fans. The plaintiffs included California, Connecticut, Illinois, Maine, Massachusetts, New York State, New York City, Oregon, Vermont, and Washington, and the Pennsylvania Department of Environmental Protection. The same coalition also submitted a 60-day notice to DOE regarding to the failure to promulgate publish final standards for compressors, walk-in coolers and freezers, power supply equipment, portable air conditioners, and commercial boilers.

On February 15, 2018, the U.S. District Court for the Northern District of California held that DOE’s failure to publish the four energy efficiency standards violated its duties under the Energy Policy and Conservation Act. The court therefore granted the plaintiff’s motion for summary judgment and ordered DOE to publish the standards.