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ua14no94 DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)...
<DOC> DEPARTMENT OF ENERGY (DOE) Statement of Regulatory Priorities Highlights of 1994 Regulatory Plan The Department of Energy's (DOE's) 1994 Regulatory Plan reflects the fundamental changes that have occurred in the Department's mission, priorities and business practices. In keeping with the Department's new strategic plan and the President's initiatives, the following significant regulatory actions are highlighted: <bullet> Energy efficiency appliance standards, <bullet> Federal energy savings performance contracts, <bullet> Radiation protection of the public and environment, <bullet> Nuclear facilities safety management, and <bullet> Contract reform. The World Has Changed DOE's challenge is to move away from the Cold War economy, invest in people and technology to strengthen the economy and protect the environment, and reinvent a government that is efficient, serves the American people, and provides more services with fewer resources. These changes in the world, and our need to change with them, have led to the massive reshaping of DOE's missions, priorities, and business practices. Tinkering around the edges was not enough--DOE had to start anew. Through its strategic planning process, the Department has redirected its extraordinary scientific and technical talent and resources to new and more sharply focused goals: fueling a competitive economy, improving the environment through waste management and pollution prevention, and reducing the nuclear danger. Our New Mission The Department of Energy's mission is to advance our welfare as a Nation by providing the technical information and the scientific and educational foundation for the technology, policy, and institutional leadership necessary to achieve efficiency in energy use, diversity in energy sources, a more productive and competitive economy, improved environmental quality, and a secure national defense. Enhancing Energy Efficiency A strategic energy policy is essential to promoting economic growth, high-wage jobs, and energy security while protecting the environment. Improving the efficiency with which the Nation uses energy is essential to reconciling these goals. Enhancing energy efficiency is good for the economy, the environment, and the Nation's energy security, and is the number one energy priority of this Administration. The Department's energy efficiency regulations will contribute significantly to meeting the goals of the President's Climate Change Action Plan, by reducing emissions of greenhouse gases. The Department's ongoing rulemakings would set higher energy efficiency standards for 15 major categories of appliances and equipment and make significant contributions to reducing greenhouse gas emissions. In addition, the Federal Government can set an example for the Nation by improving energy management in its own buildings and facilities. The Department's rulemaking effort to establish procedures on use of energy savings performance contracts will contribute to this effort by increasing the use of ``shared energy savings'' contracts. These contracts will result in reduced energy bills to the Federal Government without the need for any up-front Federal investment. A New Vision for Protecting the Environment, Safety and Health The principal environmental quality objective--and the greatest challenge--for the Department of Energy is to eliminate the risks and imminent threats posed by the Department's former nuclear weapons activities. With the end of the Cold War, DOE has turned its focus to understanding and eliminating the enormous environmental problems created by the Department's historical mission of nuclear weapons production. The Department is shifting from a reactive approach to environment, safety and health to one that emphasizes pollution prevention. All departmental businesses are proactively ensuring that there is no compromise in public and worker safety. In support of this effort, the Department's Office of Environment, Safety and Health has initiated a comprehensive review of existing requirements and directives aimed at improving safety and health throughout the DOE complex. This process will allow the Department to eliminate redundant requirements, to identify gaps where new requirements may be needed, and to rationalize the existing body of requirements applicable to the Department's Federal and contractor work force. Consistent with the Department's new commitment to openness and public participation, DOE intends to use notice and comment rulemakings and other appropriate means of soliciting public participation as it augments the existing body of environment, safety and health requirements. The Department's rulemaking on radiation protection sets forth, inter alia, additional reporting, monitoring and discharge requirements and a dose limitation system for protecting the public. New nuclear safety regulations would strengthen requirements applicable to contractors and subcontractors with nuclear safety responsibilities at the Department's facilities. Improving Contract Management Practices The Department relies heavily on contractors to operate its extensive national network of research laboratories, operations offices and other facilities. Earlier this year, the Department's Contract Reform Team reported on its comprehensive review of the Department's contracting practices, recommending over 45 actions to increase contractor accountability and create a more equitable and rational allocation of the costs and risks of contract performance between the Department and its management and operating contractors. These recommendations, some of which will require rulemaking activity, will serve to fundamentally reform the Department's contracting and contract management techniques. Consistent with the National Performance Review's objective to make government work better and cost less, the Contract Reform Team recommendations would revise traditional contracting practices to increase contractor accountability, enhance competition, improve contract administration and financial accountability, and provide appropriate incentives for contractors to meet and exceed performance criteria and achieve cost savings. A series of rulemakings will be initiated to incorporate these policies into the Department's procurement regulations. For example, amendments to the Department of Energy Acquisition Regulations will revise the current provisions on fines and penalties, third-party liabilities, and loss of or damage to Government property. Innovations in Business Relationships President Clinton's Climate Change Action Plan meets the twin challenges of responding to the threat of global warming and strengthening the economy. The Action Plan continues to break new ground in the relationship between government and the private sector-- fostering cooperative approaches and a forward looking agenda, rather than relying exclusively on command-and-control mandates that tend to lock technologies into place and stifle innovation. Under the Climate Challenge, the Department has established a voluntary partnership with electric utilities who have committed to reducing their greenhouse gas emissions. Utilities choose from a wide range of options for reducing, avoiding or sequestering greenhouse gas emissions, and they may experiment with innovative ideas to achieve their emission reduction goals. In support of the Climate Challenge and other Climate Change Action Plan activities, the Department is developing nonregulatory guidelines for the voluntary reporting of greenhouse gases by participating utilities. Certain of the innovations of the Action Plan are being applied to the Department's regulatory approaches. The Department has begun exploring ways to improve the process used to revise the energy efficiency standards for appliances. For example, prior to beginning the rulemaking process for revising the standards for residential air conditioners and heat pumps, the Department approached the Air- Conditioning and Refrigeration Institute to solicit the support of industry in developing the revised standards. As a result, the industry established an engineering group which worked with the Department to improve the engineering model used in the energy analysis. The group also provided performance and cost data to be used as a basis for the standards analysis. Because of the close cooperation of the industry, the resulting analysis has been greatly improved and the confidence in the projected energy savings for the various design options being considered has been enhanced. The Department has also supported informal negotiations among manufacturers, environmentalists, State energy offices and utilities to develop new energy efficiency standard levels for refrigerators. Department staff members attended the meetings as observers and provided technical support, legal guidance concerning the Energy Policy and Conservation Act, and encouragement. The general acceptance of negotiated standard levels by the interested parties prior to the issuance of a notice of proposed rulemaking could improve significantly the quality of public participation and the quality of the technical analysis, as well as accelerate the rule development process. Regulatory Streamlining Efforts The Department has undertaken a comprehensive initiative to improve and streamline its rulemaking process. The improvement recommendations developed by a cross-cutting team of DOE employees were recently approved by Secretary O'Leary and are in the process of being implemented. These improvements provide for: <bullet> teamwork throughout the rulemaking process; <bullet> mechanisms to promote management attention, responsibility and accountability, including an effective management information system; and <bullet> realignment to provide more effective support to program offices with rulemaking responsibilities. The successful implementation of these improvements will provide for accelerated implementation of the Department's priority programs; dollar savings; improved transparency and public access to DOE rulemaking activities; and, ultimately, increased public trust and confidence in DOE regulatory efforts. Review of Existing Regulations In addition to improving the development of new regulations, the Department has undertaken an in-depth review of its existing regulations to determine if any should be modified or eliminated. On March 1, 1994, the Department published a notice of inquiry in the Federal Register (59 FR 9682) that requested public comments on areas of DOE's existing regulations that might be candidates for improvement. The Department also solicited recommendations from over 200 stakeholders organizations and DOE Headquarters and Field Offices. Based on the comments received from the public and other stakeholders, DOE has prepared a second notice of inquiry targeting particular areas of its regulations for possible modification or elimination. This second notice will solicit public comments on specific regulatory improvements in the targeted areas of existing regulations. It is the Department's intention to make such a periodic review of existing regulations an ongoing feature of its regulatory improvement program. _______________________________________________________________________ DOE--Energy Efficiency and Renewable Energy (EE) ___________________________________________________________ PRERULE STAGE ___________________________________________________________ 29. ENERGY EFFICIENCY STANDARDS FOR RESIDENTIAL APPLIANCES Legal Authority: 42 USC 6295 CFR Citation: 10 CFR 430.32 Legal Deadline: Final, Statutory, January 1, 1992, for Water Heaters, Pool Heaters, Direct Heating Equipment, Mobile Home Furnaces,Kitchen Ranges and Ovens, etc. Final, Statutory, January 1, 1994, for Central Air Conditioners,Heat Pumps, and Furnaces. Final, Statutory, November 17, 1994, for Refrigerators,Refrigerator- Freezers, and Freezers. Final, Statutory, May 14, 1996, for Dishwashers, ClothesWashers, and Clothes Dryers. Abstract: This is the initial review of the statutory standards for water heaters, pool heaters, direct heating equipment, mobile home furnaces, kitchen ranges and ovens, room air conditioners, fluorescent lamp ballasts, central air conditioners, heat pumps and furnaces to determine whether those levels need to be amended. This is the second reanalysis of the standards levels for refrigerators, refrigerator- freezers and freezers, dishwashers, clothes washers, and clothes dryers. Television sets will be examined to determine whether conservation standards are justified. These actions are covered by RINs 1904-AA38, 1904-AA47, and 1904-AA67. Statement of Need: Experience has shown that the choice of residential appliances being purchased by both builders and homeowners as replacement units is usually based on the first cost, not life-cycle costs. Thus it is necessary to establish minimum energy efficiency standards for appliances to eliminate inefficient products from the market and encourage industry to explore innovative ways to improve product performance. Summary of the Legal Basis: The Energy Policy and Conservation Act (EPCA), as amended, establishes initial energy-efficiency standard levels for most types of major residential appliances and generally requires DOE to undergo two subsequent rulemakings, at specified times, to determine whether the extant standard for a covered product should be amended. Alternatives: The statute requires the Department to revise the standards to achieve the maximum improvement in energy efficiency which the Secretary determines is technologically feasible and economically justified. In making this determination a large number of complex issues must be considered. Data and information are solicited from industry and the public at large. Engineering analysis to estimate the efficiency of various combinations of design options, using both calculations (e.g., computer simulation models) or experimental data, is conducted. Predictions of energy savings resulting from more stringent standards are determined using the Lawrence Berkeley Laboratory Residential Energy Model, which forecasts the appliance purchase choices that households make as well as their subsequent appliance usage behavior and energy consumption. The effect of revised standards on an industry's profitability and scale of operation is also evaluated. Proposed revisions to the energy efficiency standards are published in a notice of proposed rulemaking for public comment. Over 6,000 comments were received on the proposed standards for water heaters, pool heaters, direct heating equipment, mobile home furnaces, kitchen ranges and ovens, room air conditioners, fluorescent lamp ballasts and televisions (RIN 1904-AA38). The Department will consider all of these comments in deciding what level should be established for the revised energy efficiency standards for each product before the final rule is issued. The above process requires a great deal of effort and time to accomplish. The Department has been exploring methods to reduce the
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