EPA Finalizes Rules for Recognition of Energy Star Certification Bodies
The EPA defended its decision to require certification bodies for the Energy Star program to “maintain a substantial North American presence,” as it released final rules for recognition of such bodies with minor changes from the final draft. The new rules are part of the agency’s efforts to strengthen Energy Star product qualification and verification procedures. It decided to fast-track the work after a GAO investigation found that Energy Star was prone to fraud and abuse.
The changes in rules for product testing and verification, including testing by third-party labs or in-house accredited labs, has caused concern in the CE industry. Several CE companies met in Washington in early August to explore possible alternatives to the Energy Star program. Citing its exemplary record of compliance, the industry has sought exemption from the new rules that CE executives said would mean new costs and burdens for manufacturers.
The EPA knows that international accreditation bodies and labs are an “essential part” of the new testing and verification program and intends to recognize institutions of these kinds from around the world, said Ann Bailey, chief of the Energy Star labeling branch. But because certification bodies will be “taking full ownership of qualified product data and will be running verification testing programs,” the agency wants to maintain a “close working relationship with these organizations,” she said. The EPA has changed the rules to clarify that certification bodies “must meet EPA’s expectations as to the availability of personnel and timeliness of responses to requests for information,” she said.
The California Energy Commission requires appliance makers covered by the state’s efficiency regulations to provide product information, Bailey said. Products not certified by the commission can’t be sold in California, so rebates offered for Energy Star products are “potentially undermined” if those products are not listed in the commission’s database. So the EPA would like prospective Energy Star certification bodies to offer California energy efficiency “reporting service in conjunction with their Energy Star certification programs” to help “greater penetration” of Energy Star products in California and reduce reporting burdens for manufacturers, she said.
The European Union, Canada and other countries, which franchise the Energy Star program, can tailor testing and verification rules for their markets, Bailey said. But the EPA expects at least some to use the certification programs in the U.S., she said. The agency expects to work with certification bodies on coordination matters case by case as they come up, Bailey said. Application forms for certification bodies will be made available on the EPA’s website in coming weeks, and the agency will post the names of all recognized bodies. The agency will release drafts of new rules for product eligibility in early September, Bailey said. Proposed changes to product eligibility criteria will be “narrow in scope and will not substantively modify the technical requirements for eligibility,” she said.