Fifteen AGs Challenged Inappropriate Changes to Energy Efficiency Testing Requirements

JANUARY 19, 2021

New York Attorney General Letitia James led a coalition of 15 attorneys general in challenging the Department of Energy’s (DOE) “Test Procedure Interim Waiver Process” rule. Under the rule, any manufacturer applying for a permanent waiver to use its own test procedures for compliance with Energy Policy and Conservation Act (EPCA) energy efficiency standards would automatically be granted an indefinite interim waiver unless the department issues an official decision within 30 days of receiving the waiver application. If an application is later denied or granted with conditions, the interim waiver would remain in place for an additional 180 days, allowing manufacturers to continue selling nonconforming products that could remain in use for years.