Appliance Efficiency Standards

President Obama directed the Secretary of Energy to expedite finalization of legally required appliance efficiency standards under existing statutory deadlines, prioritizing rules with imminent deadlines (by August 8, 2009) and those promising greatest energy savings for later deadlines. The memorandum reinforces compliance with a 2006 consent decree and multiple energy laws but does not create new enforceable rights.

Federal Register Open PDF 74 FR 6537

Impact dates

Jun 30, 2011
Latest deadline under 2006 consent decree for final rules on 22 product categories
Aug 8, 2009
Five energy efficiency rules with deadlines prior to and including this date to be finalized

Key directives

DOE to finalize legally required efficiency standards as expeditiously as possible consistent with consent decree, EPACT, and EISA
DOE to prioritize five rules with deadlines on or before August 8, 2009
DOE to quantify expected annual energy savings for standards with later deadlines
DOE to ensure all applicable deadlines are met

Who is ordered

Secretary of Energy · Department of Energy

Timeline

Immediate

DOE to prioritize five efficiency rules with deadlines on or before August 8, 2009

Near term (90d)

Potential finalization of some rules with August 2009 deadlines

Long term

Compliance with consent decree deadline of June 30, 2011 for remaining product categories
Implementation of standards across 15+ remaining product categories

Risks & tensions

Memorandum uses 'request' language rather than mandatory direction; legal effect is hortatory
DOE retains discretion to determine what is 'consistent with statutory requirements' and 'feasible'
Potential tension between expeditious finalization and thorough rulemaking process
Document explicitly disclaims creating enforceable rights, limiting accountability mechanisms