What: On April 18, 2025, the Department of Energy (DOE) published a Notice of Proposed Rulemaking proposing to withdraw its prior determination (“withdrawal of determination”) that portable electric spas (PESs) qualify as covered products under the Energy Policy and Conservation Act (EPCA).
Under EPCA, DOE may add consumer products to the list of covered products for which energy conservation standards can be established. The coverage determination procedures require DOE to conclude that classifying products as covered products is necessary or appropriate to carry out the purposes of this chapter, among other requirements. Only after coverage is determined, DOE may then adopt standards and test procedures regulating such products, pursuant to the requirements set out in the statute.
Why: In September 2022, DOE finalized the coverage determination for PESs (“September 2022 Determination”). As part of the determination, DOE adopted a definition of “portable electric spa.” DOE has reevaluated whether including PESs as a covered product is necessary and appropriate to carry out the purposes of EPCA. Based on that evaluation, DOE has tentatively determined that, at this time, it is not necessary or appropriate to classify PESs as a covered product to carry out the purposes of EPCA. In the September 2022 Determination, DOE found that classifying PESs as a covered product was necessary to set energy conservation standards for PESs and carry out EPCA’s purposes to conserve energy supplies and provide for improved energy efficiency of other consumer products. However, now DOE has tentatively determined that there are other avenues to conserve energy supplies.
DOE reviewed this proposed withdrawal of determination under the provisions of the Regulatory Flexibility Act. DOE states this proposal does not establish test procedures or standards for PESs, and, if adopted, DOE would no longer have the authority to consider establishing or amending such measures. Therefore, DOE initially concludes that the proposed withdrawal of determination would not have a significant economic impact on a substantial number of small entities.
DOE welcomes comments on all aspects of the proposed withdrawal of determination. DOE is particularly interested in receiving comments and views of interested parties concerning whether withdrawing the coverage determination of portable electric spas as a covered product is consistent with the purposes of EPCA.
DOE is also interested in receiving views concerning other relevant issues that participants believe would affect the tentative conclusions presented in this document.
Action: Written comments, data, and information are requested and will be accepted on or before May 19, 2025.
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