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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF ENERGY

 

DIVISION 92

MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED
APPLIANCES AND EQUIPMENT

330-092-0005

Purpose

The purpose of these rules is to establish procedures to govern the enforcement and amendment of standards found in ORS 469.229 through 469.261, which establish minimum energy efficiency standards for equipment and appliances for sale or use in Oregon that are not federally regulated.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418 (HB 2565) & OL 2007, Ch. 469 (SB 375)
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0010

Definitions

As used in OAR 330-092-0010 through 330-092-0046:

(1) "Director" means the Director of the Oregon Department of Energy.

(2) "Department" means the Oregon Department of Energy.

(3) "Equipment" means a category of equipment or appliances regulated by ORS 469.229 to 469.261 and described in OAR 330-092-0015, below.

(4) "Multi-State Compliance System" or M-SCS means the multi-state database program located at www.appliancestandards.org to register and list compliant equipment.

(5) "Product" means a particular model number or series available from a particular manufacturer, as distinct from a category of equipment.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0015

Effective Dates for Regulated Equipment

(1) The following list specifies the effective dates for equipment for which Oregon minimum energy efficiency standards have been adopted:

(a) Battery charger systems, as defined in ORS 469.229(7): The standards in ORS 469.233(19) are effective January 1, 2014, for sale of equipment and installation.

(b) Bottle-type water dispensers, as defined in ORS 469.229(9): The standards in ORS 469.233(12) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(c) Commercial hot food holding cabinets, as defined in ORS 469.229(13): The standards in ORS 469.233(13) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(d) Commercial refrigerators and freezers, as defined in ORS 469.229(15): The standards in ORS 469.233(4) are effective January 1, 2008 for sale of equipment and January 1, 2009 for installation.

(e) Compact audio products, as defined in ORS 469.229(16): The standards in ORS 469.233(14) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(f) Digital versatile disc players and digital versatile disc recorders, as defined in ORS 469.229(21): The standards in ORS 469.233(15) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(g) High light output double-ended quartz halogen lamps, as defined in Oregon Laws 2013, Chapter 418, Section 2: The standards in Oregon Laws 2013, Chapter 418, Section 4, are effective January 1, 2016, for sale of equipment and installation.

(h) Portable electric spas, as defined in ORS 469.229(32): The standards in ORS 469.233(16) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(i) Televisions, as defined in ORS 469.229(42): The standards in ORS 469.233(18) are effective January 1, 2014, for sale of equipment and installation.

(2) The following equipment is currently federally regulated and not subject to further regulation under ORS 469.229 through 469.261 or these rules:

(a) Automatic commercial ice cube machines as defined in ORS 469.229(2).

(b) Commercial clothes washers, as defined in ORS 469.229(12).

(c) Commercial pre-rinse spray valves, as defined in ORS 469.229(14).

(d) Illuminated exit signs, as defined in ORS 469.229(24).

(e) Incandescent reflector lamps, as defined in ORS 469.229(41).

(g) Metal halide lamp fixtures, as defined by ORS 469.229(28).

(i) Single-voltage external AC to DC power supplies, as defined in ORS 469.229(39).

(h) Torchieres, as defined in ORS 469.229(45).

(i) Traffic signal modules, as defined in ORS 469.229(46).

(j) Unit heaters, as defined in ORS 469.229(47).

(k) Walk-in refrigerators and walk-in freezers, as defined in ORS 469.229(49).

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0020

Minimum Energy Efficiency Standards and Test Methods

(1) Beginning on the effective date shown in OAR 330-092-0015(1)(i), televisions must meet the energy efficiency standards in ORS 469.233(18) as measured in accordance with the federal test procedure described in 10 CFR Section 430.23(h) (Appendix H to Subpart B of Part 430) (2013). Alternatively, until April 23, 2014, television efficiency may be measured in accordance with:

(a) For standby passive mode, the test methods contained in International Electrotechnical Commission (IEC) 62301:2005, Edition 1.0 “Household Electrical Appliances – Measurement of Standby Power”; and

(b) For on mode and power factor test, the test methods contained in IEC 62087:20008(E), Edition 2.0 — “Methods of Measurement for the Power Consumption of Audio, Video and Related Equipment”, Section 11.6.1 — “On mode (average testing with dynamc broadcast-content video signal” and the specifications contained in the California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, Section 1604(v)(3), effective January 1, 2011.

(2) Beginning on the effective date shown in OAR 330-092-0015(1)(a), battery charger systems must meet the energy efficiency standards in ORS 469.233(19) as measured in accordance with:

(a) For small battery chargers, the test methods contained in 10 CFR Section 430.23(aa) (Appendix Y to Subpart B of Part 430) (2011) and the specifications contained in the California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, Section 1604(w)(1), effective January 1, 2013; and

(b) For large battery chargers, the test methods contained in Energy Efficiency Battery Charger System Test Procedure Version 2.2 dated November 12, 2008, and published by ECOS and EPRI Solutions, with the modifications specified in the California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, Section 1604(w)(2).

(3) Beginning on the effective date shown in OAR 330-092-0015(1)(g), high light output double-ended quartz halogen lamps must meet the energy efficiency standards in Oregon Laws 2013, Chapter 418, Section 4, as measured in accordance with the IESNA LM-45: Approved Method for Electrical and Photometric Measurements of General Service Incandescent Filament Lamps published by the Illuminating Engineering Society of North America.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0025

Reporting Product Compliance Through the Multi-State Compliance System

(1) Manufacturers of Oregon-regulated equipment shall report compliance by registering a product on the Multi-State Compliance System website (www.appliance-standards.org) or by registering products with the California Energy Commission appliance efficiency database (www.energy.ca.gov/appliances). Products registered on the California Energy Commission appliance efficiency database will be automatically entered on the M-SCS database.

(2) Questions concerning product registration should be directed to the Oregon Department of Energy's Appliance Efficiency Standards Program Manager, energyweb.incoming@state.or.us, 503-378-4040, 625 Marion St. N.E., Salem OR 97301.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0030

Effect of Registration

To be sold or installed in Oregon after the effective dates described in OAR 330-092-0016, Oregon-regulated products must be listed as "Compliant" in the M-SCS database. Products that are not listed in the database or are listed as "Needing Attestation" or "Non-Compliant" may not be sold or installed in Oregon after the applicable effective date.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0035

Manufacturer Certification of Information Entered in the Multi-State Compliance System

(1) Manufacturers of Oregon-regulated equipment not listed in the M-SCS database as compliant with the California standards must certify to the Oregon Department of Energy with a letter signed by a responsible officer in the organization, such as the Chief Financial Officer, Government Relations Officer, Chief Engineer or Technical Officer, that:

(a) The information related to the products listed by the manufacturer is true and accurate; and

(b) The products have been tested in accordance with test methods specified in ORS 469.233 or in these rules, as appropriate.

(2) A single letter may certify compliance for multiple products, but the letter must list each product to which it applies separately. Additional certifications are required when new products are listed.

(3) The letter may be sent by mail, fax, e-mail of a scanned copy, or e-mail with electronic signature, to the Oregon Department of Energy's Appliance Efficiency Standards Program Manager, 625 Marion St. N.E., Salem OR 97301, fax 503-373-7806, energyweb.incoming@state.or.us.

(4) The Department will update the M-SCS database as needed to reflect that compliance letters have been received.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0040

Determination of Compliance

(1) Products for which the Oregon minimum energy efficiency standards are identical to or lower than standards adopted in California, and that have been approved by the California Energy Commission, will automatically be certified as compliant for sale and installation in Oregon.

(2) Products for which Oregon minimum energy efficiency standards are not identical to standards adopted in California, or that have not been approved by the California Energy Commission, must be approved by the Oregon Department of Energy and will be designated in the M-SCS database as “Needing Attestation” until they are approved.

(3) Products which do not comply with the appliance efficiency standards set forth in ORS 469.233 will be designated in the M-SCS database as "Non-Compliant."

(4) A manufacturer may request the Department to change the status of a product in the M-SCS database from "Needing Attestation" or "Non-Compliant" to "Compliant" if it believes the product is incorrectly listed. The Department may require the manufacturer to submit or resubmit certification pursuant to OAR 330-092-0035 and any other documentation demonstrating that the product meets the applicable minimum energy efficiency standard.

(5) The Department may require the manufacturer to provide test results or other documentation verifying that a product meets Oregon's minimum energy efficiency standards for that category of equipment.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0045

Labeling

(1) Except as provided in subsections (2) through (4) of this section, a product which is listed as "Compliant" in the M-SCS database will be deemed to meet Oregon's labeling requirements if that product is permanently, legibly and conspicuously marked, labeled or tagged on an accessible place on each unit with the following information:

(a) Manufacturer's name or brand name or trademark, which shall be either the name, brand or trademark of the listed manufacturer reporting compliance pursuant to OAR 330-092-0035;

(b) Model number; and

(c) Date of manufacture, indicating at least the year and month. If the date is in a code that is not readily accessible to the lay person, the manufacturer shall immediately, upon request, provide the code to the Department.

(2) For lamps, the information required by subsection (1) of this section shall be permanently, legibly, and conspicuously displayed on an accessible place on each unit, on the unit's packaging, or, where the unit is contained in a group of several units in a single package, on the packaging of the group.

(3) The Department may waive marking, labeling or tagging requirements for products marked, labeled or tagged in compliance with federal requirements.

(4) The Department may grant a waiver from these labeling requirements on a case-by-case basis for a category of equipment if it determines:

(a) Oregon's labeling requirements would be different and more burdensome than requirements in other states with similar standards.

(b) Current labeling materially complies with the intent of Oregon's labeling requirements.

(c) Compliance with subsection (1) would be impractical.

(d) Labeling is unnecessary.

(e) No waiver will be made for an individual manufacturer or individual product.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0050

Determination of Non-Compliance

(1) If a manufacturer has not submitted certification to the Department pursuant to OAR 330-092-0035 for a product, the Department may change the Oregon status in the M-SCS to "Needing Attestation" and require the manufacturer to provide such certification within 30 days. If certification is not received within 30 days, the Department may change the status to "Non-Compliant" until such time as the certification is provided.

(2) The Department may review any product if it has cause to believe the product may not comply with Oregon's appliance efficiency standards.

(a) Upon completing its review, the Department will notify a manufacturer in writing of its determination whether the product is in compliance with the appropriate appliance energy efficiency standard. The notification will include:

(A) Identification of the product.

(B) An explanation of any deficiencies in compliance with the applicable standards, testing requirements, or labeling requirements.

(C) The action the Department proposes to take if it determines the product is non-compliant or the information supplied to the Department through the M-SCS database or other means is in error.

(b) The manufacturer must respond to the notice of deficiency within thirty days of mailing.

(c) The Department will make its final determination within fifteen days of receiving the manufacturer's response.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0055

Appeals

(1) A manufacturer may request reconsideration of the Department's order in writing. The Department will respond within fifteen days of receipt of a request for reconsideration.

(2) A manufacturer may appeal an action taken by Department staff to the Director. An appeal shall state as clearly as possible the original request, the action taken by staff, and any relevant information demonstrating why the manufacturer believes the Department action is in error.

(3) The Director will respond to an appeal within fifteen days.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

330-092-0070

Mailing List

Pursuant to ORS 183.355(8), the Department will establish a mailing list of manufacturers for each category of regulated equipment and other interested parties to give notice of program information including proposed rulemaking.

Stat. Auth.: ORS 469.040, 469.255, 469.261, OL 2013, Ch. 418 (SB 692)
Stats. Implemented: ORS 469.229–469.261, OL 2013, Ch. 418
Hist.: DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08; DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14

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