- acquired
means leased for a period of sixty continuous days or more, or purchased;
- activation lock
means a control mechanism (either a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer.
- active mode
means the condition in which an energy-using product—
- Administrator
means the Administrator of the Environmental Protection Agency.
- agency
means—
- alternative fuel
means methanol, denatured ethanol, and other alcohols;
- alternative fueled vehicle
means a dedicated vehicle or a dual fueled vehicle;
- annual fuel utilization efficiency
means the efficiency descriptor for furnaces and boilers, determined using test procedures prescribed under section 6293 of this title and based on the assumption that all—
- ANSI
means the American National Standards Institute.
- antitrust laws
includes—
- appliance
means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part.
- appliance lamp
means any lamp that—
- ASHRAE
means the American Society of Heating, Refrigerating, and Air Conditioning Engineers.
- ASME
means the American Society of Mechanical Engineers.
- automatic commercial ice maker
means a factory-made assembly (not necessarily shipped in one package) that—
- AV
means the adjusted volume (ft3) (defined as 1.63 x frozen temperature compartment volume (ft3) + chilled temperature compartment volume (ft3)) with compartment volumes measured in accordance with the Association of Home Appliance Manufacturers Standard HRF1–1979.
- average annual per-household energy use with respect to a type of product
means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type.
- average lamp efficacy
means the lamp efficacy readings taken over a statistically significant period of manufacture with the readings averaged over that period.
- ballast
means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating.
- ballast efficacy factor
means the relative light output divided by the power input of a fluorescent lamp ballast, as measured under test conditions specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
- ballast efficiency
means, in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combination, expressed as a percentage, and calculated in accordance with the following formula: Efficiency = Pout/Pin.
- ballast input voltage
means the rated input voltage of a fluorescent lamp ballast.
- base
means the portion of the lamp which connects with the socket as described in ANSI C81.61–1990.
- battery charger
means a device that charges batteries for consumer products, including battery chargers embedded in other consumer products.
- binding offer
means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to paragraph (2) of this subsection, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer.
- BR30
means a BR incandescent reflector lamp with a diameter of 30/8ths of an inch.
- BR40
means a BR incandescent reflector lamp with a diameter of 40/8ths of an inch.
- budget contract
means a contract between a retailer and a consumer under which the heating expenses of the consumer are spread evenly over a period of months.
- building
means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.
- bulb shape
means the shape of lamp, especially the glass bulb with designations for bulb shapes found in ANSI C79.1–1980 (R1984).
- bulk-power system
has the meaning given the term in section 824o(a) of title 16.
- bus
means a vehicle which is designed to transport 30 individuals or more.
- candelabra base incandescent lamp
means a lamp that uses candelabra screw base as described in ANSI C81.61–2006, Specifications for Electric Bases, common designations E11 and E12.
- category of petroleum product
means a master line item within a notice of sale.
- ceiling fan
means a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades.
- ceiling fan light kit
means equipment designed to provide light from a ceiling fan that can be—
- central air conditioner
means a product, other than a packaged terminal air conditioner, which—
- CFEI
means the Fan Energy Index for large-diameter ceiling fans, calculated in accordance with ANSI/AMCA Standard 208–18 titled “Calculation of the Fan Energy Index”, with the following modifications:
- class A external power supply
means a device that—
- class of covered products
means a group of covered products, the functions or intended uses of which are similar (as determined by the Secretary).
- colored incandescent lamp
means an incandescent lamp designated and marketed as a colored lamp that has—
- combined heat and power
means the generation of electric energy and heat in a single, integrated system, with an overall thermal efficiency of 60 percent or greater on a higher-heating-value basis.
- combined heat and power system
means a facility that—
- commerce
means trade, traffic, commerce, or transportation—
- commercial clothes washer
means a soft-mount front-loading or soft-mount top-loading clothes washer that—
- commercial package air conditioning and heating equipment
means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application.
- commercial prerinse spray valve
means a handheld device designed and marketed for use with commercial dishwashing and ware washing equipment that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue before cleaning the items.
- commercial refrigerator, freezer, and refrigerator-freezer
means refrigeration equipment that—
- Commission
means the Federal Trade Commission.
- consumer product
means any article (other than an automobile, as defined in section 32901(a)(3) of title 49) of a type— without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual, except that such term includes fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, showerheads, faucets, water closets, and urinals distributed in commerce for personal or commercial use or consumption.
- correlated color temperature
means the absolute temperature of a blackbody whose chromaticity most nearly resembles that of the light source.
- covered equipment
means one of the following types of industrial equipment:
- covered industry
means the food and food products industry, lumber and wood products industry, petroleum and coal products industry, and all other manufacturing industries specified in Standard Industrial Classification Codes 20 through 39 (or successor classification codes);
- covered product
means a consumer product of a type specified in section 6292 of this title.
- covered water heater
means—
- CRI
means the measure of the degree of color shift objects undergo when illuminated by a light source as compared with the color of those same objects when illuminated by a reference source of comparable color temperature.
- dedicated vehicle
means—
- definite purpose motor
means any motor designed in standard ratings with standard operating characteristics or standard mechanical construction for use under service conditions other than usual or for use on a particular type of application and which cannot be used in most general purpose applications.
- dehumidifier
means a self-contained, electrically operated, and mechanically encased assembly consisting of—
- detachable battery
means a battery that is—
- distribution transformer
means a transformer that—
- distributor
means a person (other than a manufacturer or retailer) to whom a consumer product is delivered or sold for purposes of distribution in commerce.
- district energy systems
means systems providing thermal energy from a renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities through pipes or other means to provide space heating, space conditioning, hot water, steam, compression, process energy, or other end uses for that energy.
- domestic
has the meaning given such term in section 13211(7) of this title.
- dual fueled vehicle
means—
- effective date
means, with respect to each type of lamp specified in a table contained in subparagraph (B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that follows October 24, 1992.
- efficiency descriptor
means the ratio of the useful output to the total energy input, determined using the test procedures prescribed under section 6293 of this title and expressed for the following products in the following terms:
- electronic ballast
means a device that uses semiconductors as the primary means to control lamp starting and operation.
- eligible entity
means an entity that owns or controls a refinery that is located within the State of Hawaii.
- enclosed motor
means a motor so enclosed as to prevent the free exchange of air between the inside and outside of the case but not sufficiently enclosed to be termed airtight.
- energy
means electricity, or fossil fuels.
- energy action
means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section.
- energy audit
means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which— Rules referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits.
- energy conservation maintenance and operating procedure
means modification or modifications in the maintenance and operations of a building, and any installations therein, which are designed to reduce energy consumption in such building and which require no significant expenditure of funds.
- energy conservation measure
means a measure which modifies any building, building system, energy consuming device associated with the building, or industrial plant, the construction of which has been completed prior to May 1, 1989, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to be likely to maintain or improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of— whichever is less.
- energy conservation project
means—
- energy conservation project costs
includes only costs incurred in the design, acquisition, construction, and installation of energy conservation measures and technical assistance costs.
- energy conservation standard
means—
- energy efficiency
means the ratio of the useful output of services from a consumer product to the energy use of such product, determined in accordance with test procedures under section 6293 of this title.
- energy information
has the same meaning as such term has in section 796(e)(1) of title 15.
- energy sustainability
includes using a renewable energy source, thermal energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other energy services in fixed installations.
- energy use
means the quantity of energy directly consumed by a consumer product at point of use, determined in accordance with test procedures under section 6293 of this title.
- ER30
means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.
- ER40
means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.
- estimated annual operating cost
means the aggregate retail cost of the energy which is likely to be consumed annually, and in the case of showerheads, faucets, water closets, and urinals, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually, in representative use of a consumer product, determined in accordance with section 6293 of this title.
- external power supply
means an external power supply circuit that is used to convert household electric current into DC current or lower-voltage AC current to operate a consumer product.
- faucet
means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet.
- feasible
means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).
- Federal agency
has the meaning given the term “Executive agency” in section 105 of title 5 and includes—
- Federal land
means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands—
- final rule
means the final rule published under this paragraph.
- fixed-price contract
means a contract between a retailer and a consumer under which the retailer charges the consumer a set price for propane, kerosene, or heating oil without regard to market price fluctuations.
- fluorescent lamp
means a low pressure mercury electric-discharge source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into light, including only the following:
- fluorescent lamp ballast
means a device which is used to start and operate fluorescent lamps by providing a starting voltage and current and limiting the current during normal operation.
- full tanker load
means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii.
- furnace
means a product which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which—
- general lighting application
means lighting that provides an interior or exterior area with overall illumination.
- general purpose electric motor (subtype I)
means any motor that meets the definition of “General Purpose” as established in the final rule issued by the Department of Energy entitled “Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures, Labeling, and Certification Requirements for Electric Motors” (10 CFR 431), as in effect on December 19, 2007.
- general purpose electric motor (subtype II)
means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured as 1 of the following:
- general service fluorescent lamp
means fluorescent lamps which can be used to satisfy the majority of fluorescent applications, but does not include any lamp designed and marketed for the following nongeneral lighting applications:
- general service incandescent lamp
means a standard incandescent or halogen type lamp that—
- general service lamp
includes—
- Governor
means the chief executive officer of a State or his designee.
- grid-enabled water heater
means an electric resistance water heater that—
- heavy duty vehicle
means a vehicle of greater than 8,500 pounds gross vehicle weight rating.
- high intensity discharge lamp
includes mercury vapor, metal halide, and high-pressure sodium lamps described in subparagraph (A).
- holding temperature application
means a use of commercial refrigeration equipment other than a pull-down temperature application, except a blast chiller or freezer.
- hospital
means a public or nonprofit institution which is—
- hospital facilities
means buildings housing a hospital and related facilities, including laboratories, outpatient departments, nurses’ home and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health professions personnel operated as an integral part of a hospital.
- IEEE
means the Institute of Electrical and Electronics Engineers.
- IES
means the Illuminating Engineering Society of North America.
- illuminated exit sign
means a sign that—
- implementing bill
means a bill introduced in either House of Congress with respect to one or more contracts or amendments to contracts submitted to the House of Representatives and the Senate under this section and which contains—
- implementing revenue bill
means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
- importer
means any person who owns, at the first place of storage, any petroleum product imported into the United States.
- incandescent lamp
means a lamp in which light is produced by a filament heated to incandescence by an electric current, including only the following:
- incandescent reflector lamp
means a lamp described in subparagraph (C)(ii).
- industrial equipment
means any article of equipment referred to in subparagraph (B) of a type— without regard to whether such article is in fact distributed in commerce for industrial or commercial use.
- industrial plant
means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output.
- input current
means the root-mean-square (RMS) current in amperes delivered to a fluorescent lamp ballast.
- instantaneous water heater
means a water heater that has an input rating of at least 4000 Btu per hour per gallon of stored water.
- institution of higher education
has the same meaning as such term is defined in section 1001 of title 20;
- institutional entity
means an institution of higher education, a public school district, a local government, a municipal utility, or a designee of 1 of those entities.
- insular area
means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Freely Associated States of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
- integrated average temperature
means the average temperature of all test package measurements taken during the test.
- interest in land
means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.
- intermediate base incandescent lamp
means a lamp that uses an intermediate screw base as described in ANSI C81.61–2006, Specifications for Electric Bases, common designation E17.
- international emergency response provisions
means—
- international energy program
means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled “Emergency Reserves”, (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.
- international energy supply emergency
means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required.
- joint resolution
means only a joint resolution of either House of the Congress as described in paragraph (3).
- knowingly
means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care.
- lamp efficacy
means the lumen output of a lamp divided by its wattage, expressed in lumens per watt (LPW).
- lamp type
means all lamps designated as having the same electrical and lighting characteristics and made by one manufacturer.
- lamp wattage
means the total electrical power consumed by a lamp in watts, after the initial seasoning period referenced in the appropriate IES standard test procedure and including, for fluorescent, arc watts plus cathode watts.
- large commercial package air conditioning and heating equipment
means commercial package air conditioning and heating equipment that is rated—
- LED
means a p-n junction solid state device the radiated output of which is a function of the physical construction, material used, and exciting current of the device.
- local education agency
means a public board of education or other public authority or a nonprofit institution legally constituted within, or otherwise recognized by, a State for either administrative control or direction of, or to perform administrative services for, a group of schools within a State.
- low-voltage dry-type distribution transformer
means a distribution transformer that—
- lumen output
means total luminous flux (power) of a lamp in lumens, as measured in accordance with applicable IES standards as determined by the Secretary.
- luminaire
means a complete lighting unit consisting of a fluorescent lamp or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply through the ballast.
- major oil company
means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or significant ownership interest, produced during a prior 6–month period specified by the Secretary, an average daily volume of 1,600,000 barrels of crude oil, natural gas liquids equivalents, and natural gas equivalents.
- manufacture
means to manufacture, produce, assemble or import.
- manufacturer
means any person who manufactures a consumer product.
- marginal well
has the same meaning as the definition of “stripper well property” in section 613A(c)(6)(E) of title 26.
- measure of energy consumption
means energy use, energy efficiency, estimated annual operating cost, or other measure of energy consumption.
- medium base compact fluorescent lamp
means an integrally ballasted fluorescent lamp with a medium screw base and a rated input voltage of 115 to 130 volts and which is designed as a direct replacement for a general service incandescent lamp.
- medium screw base
means an Edison screw base identified with the prefix E–26 in the “American National Standard for Electric Lamp Bases”, ANSI/IEC C81.61–2003, published by the American National Standards Institute.
- mercury vapor lamp
means a high intensity discharge lamp in which the major portion of the light is produced by radiation from mercury typically operating at a partial vapor pressure in excess of 100,000 Pa (approximately 1 atm).
- mercury vapor lamp ballast
means a device that is designed and marketed to start and operate mercury vapor lamps intended for general illumination by providing the necessary voltage and current.
- metal halide ballast
means a ballast used to start and operate metal halide lamps.
- metal halide lamp
means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.
- metal halide lamp fixture
means a light fixture for general lighting application designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.
- modified spectrum
means, with respect to an incandescent lamp, an incandescent lamp that—
- NEMA
means the National Electrical Manufacturers Association.
- net excess power
means, for any facility, recoverable waste energy recovered in the form of electricity in quantities exceeding the total consumption of electricity at the specific time of generation on the site at which the facility is located.
- new covered product
means a covered product the title of which has not passed to a purchaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year.
- new oil
means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives.
- no-load mode
means the mode of operation when an external power supply is connected to the main electricity supply and the output is not connected to a load.
- nominal full load efficiency
means the average efficiency of a population of motors of duplicate design as determined in accordance with NEMA Standards Publication MG1–1987.
- nominal lamp watts
means the wattage at which a fluorescent lamp is designed to operate.
- Northeast
means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey;
- notice of sale
means the document that announces—
- off mode
means the condition in which an energy-using product—
- offering
means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale.
- open motor
means a motor having ventilating openings which permit passage of external cooling air over and around the windings of the machine.
- Outer Continental Shelf
has the same meaning as such term has under section 1331 of title 43.
- packaged boiler
means a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls;
- packaged terminal air conditioner
means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall.
- packaged terminal heat pump
means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat.
- pedestrian module
means a light signal used to convey movement information to pedestrians.
- per unit distribution costs
means (in kilowatt hours) the quotient obtained by dividing—
- per unit distribution margin
means—
- per unit transmission costs
means the total cost of those transmission services purchased or provided by a utility on a per-kilowatt-hour basis as included in the retail rate of the utility.
- person
includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof.
- petroleum distillate
includes heating oil and diesel fuel;
- petroleum product
means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).
- pool heater
means an appliance designed for heating nonpotable water contained at atmospheric pressure, including heating water in swimming pools, spas, hot tubs and similar applications.
- power factor
means the power input divided by the product of ballast input voltage and input current of a fluorescent lamp ballast, as measured under test conditions specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
- power input
means the power consumption in watts of a ballast and fluorescent lamp or lamps, as determined in accordance with the test procedures specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
- preliminary energy audit
means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption and major energy-using systems of such building.
- price cap contract
means a contract between a retailer and a consumer under which the retailer charges the consumer the market price for propane, kerosene, or heating oil, but the cost of the propane, kerosene, or heating oil may exceed a maximum amount stated in the contract.
- private labeler
means an owner of a brand or trademark on the label of a consumer product which bears a private label.
- probe-start metal halide ballast
means a ballast that—
- process-oriented industrial assessment
means—
- project
means a recoverable waste energy project or a combined heat and power system project.
- public building
means any building which is open to the public during normal business hours.
- public care institution
means a public or nonprofit institution which owns—
- public or nonprofit institution
means an institution owned and operated by—
- pull-down temperature application
means a commercial refrigerator with doors that, when fully loaded with 12 ounce beverage cans at 90 degrees F, can cool those beverages to an average stable temperature of 38 degrees F in 12 hours or less.
- pulse-start metal halide ballast
means an electronic or electromagnetic ballast that starts a pulse-start metal halide lamp with high voltage pulses.
- readily available inventories
means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity;
- recoverable waste energy
means waste energy from which electricity or useful thermal energy may be recovered through modification of an existing facility or addition of a new facility.
- recycled oil
means— with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use.
- refiner
means any person who owns, operates, or controls the operation of any refinery.
- refrigerated bottled or canned beverage vending machine
means a commercial refrigerator that cools bottled or canned beverages and dispenses the bottled or canned beverages on payment.
- Registry
means the Registry of Recoverable Waste Energy Sources established under section 6342(d) of this title.
- related facility
means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines.
- relative light output
means the light output delivered through the use of a ballast divided by the light output delivered through the use of a reference ballast, expressed as a percent, as determined in accordance with the test procedures specified in ANSI standard C82.2–1984, or as may be prescribed by the Secretary.
- remote condensing unit
means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located from the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.