Energy Star® Program to Require Testing of All Products Effective Immediately
The Department of Energy and the Environmental Protection Agency have announced additional changes to strengthen the Energy Star program. These new changes, some of which are effective immediately, will transform Energy Star from a self-certification program that uses an automated approval process for some products to one that requires testing, review, and approval of all products before they are allowed to use the Energy Star label.
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The changes accelerate steps DOE and EPA have initiated over the past few months in response to a report from the General Accountability Office that found the program to be vulnerable to fraud and abuse.
(The Energy Star program was initiated by EPA in 1992 under the Clean Air Act as a voluntary labeling program designed to promote—and allow consumers to identify—energy efficient products. The program is promoted through tax credits and appliance rebates.)
Effective Immediately, Testing Required for All Products
Effective immediately1, all products that desire the Energy Star label must submit complete lab reports and results proving that the products meet the Energy Star requirements for review and approval by EPA prior to labeling.
(Previously, the Energy Star program only required testing only for certain categories of products, including battery charging systems, central air conditioners/air-source heat pumps, commercial refrigeration units, windows, doors, skylights, and compact fluorescent lighting, etc.)
Testing by accredited lab by end of 2010. Effective at the end of 2010, all manufacturers that desire the Energy Star label must submit test results from an approved, accredited lab for any product seeking the Energy Star label. EPA has delayed the deadline for testing by approved, accredited labs to allow it time to certify additional labs to meet the demand resulting from the requirement that all products be tested.
No automated approval. Based on a thorough review of its approval process, EPA will no longer rely on an automated approval process. All new qualification applications will be reviewed and approved individually by EPA. Qualifying product information will still be allowed to be submitted through the automated system, but manufacturers also will be required to submit a lab report for each product for review and approval by EPA staff.
Ongoing verification required. All Energy Star product manufacturers will be required to participate in an ongoing verification testing program to ensure continued compliance with the program’s requirements. EPA and DOE are developing a system to test all products that earn the Energy Star label and anticipate testing approximately 200 basic models at third-party, independent test laboratories in the coming months.
No access to mark without approval. Energy Star partner companies will not be able to access the Energy Star certification mark until EPA has approved a specific Energy Star-qualified product submitted by the company.
Approval Process Now Restored, Had Been Temporarily Suspended
According to EPA sources, DOE and EPA temporarily suspended its process for issuing approvals of new Energy Star products while certification procedures were under review; however, as of April 16, 2010, this process has been restored.
Increased Enforcement to Ensure Compliance
DOE and EPA are increasing their enforcement activities to ensure program compliance2. The agencies are forming a new enforcement team and have outlined the process for revoking the right to use the Energy Star label on the Energy Star web page. DOE and EPA have also stated that they will “aggressively enforce” reporting requirements that require manufacturers to submit reports to DOE certifying the energy use of residential appliance models and compliance with energy efficiency standards.
1EPA announced these changes in a press release dated 04/14/10 and in an earlier memorandum dated 04/02/10.
2The agencies note that during the last four months they have taken action against 35 manufacturers for Energy Star and energy efficiency requirement violations.
(See ITT Online Archives or 03/30/10 daily news, (Ref: 10033015), for BP summary of DOE, EPA response to GAO report on Energy Star fraud and abuse.)
EPA press release on additional steps to strengthen Energy Star program dated 4/14/10 available at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/a1681df7e5a27357852577050058fd62!OpenDocument.
DOE, EPA memorandum dated 4/02/10 on Building a Better Energy Star Program available at http://www.energystar.gov/ia/news/downloads/Joint_Letter_with_DOE_EPA_Building_a_Stronger_Energy_Star_Program.pdf.
DOE, EPA letter to manufacturers outlining changes to Energy Star program available at http://www.energystar.gov/ia/partners/downloads/Letter_to_Stakeholders.pdf.