Page:United States Statutes at Large Volume 92 Part 3.djvu/627

 PUBLIC LAW 95-619—NOV. 9, 1978

92 STAT. 3259

SEC. 422. ENERGY EFFICIENCY STANDARDS.

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended to read as follows: "ENERGY EFFICIENCY STANDARDS

"SEC. 325. (a)(1) The Secretary shall, by rule, prescribe an energy efficiency standard for each type (or class) of covered products specified in paragraphs (1) through (13) of section 322(a). "(2) The Secretary may, by rule, prescribe an energy efficiency standard for any type (or class) of covered products of a type specified in paragraph (14) of section 322(a), if he determines, for the purposes of this section, that— "(A) the average per household energy use within the United States by products of such type (or class) exceeded 150 kilowatthours (or its Btu equivalent) for any 12-calendar-month period ending before such determination; "(B) the aggregate household energy use within the United States by products of such type (or class) exceeded 4,200,000,000 kilowatt-hours (or its Btu equivalent) for any such 12-calendarmonth period; "(C) substantial improvement in the energy efficiency of products of such type (or class) is technologically feasible; and "(D) the application of a labeling rule under section 324 to such type (or class) is not likely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) which achieve the maximum energy efficiency which is technologically feasible to attain and is economically justified. Not later than 2 years after the date of the enactment of this para- Publication in graph, the Secretary shall publish in the Federal Register a list of those Federal Register, types (and classes) of covered products which he considers may be subject to standards authorized to be prescribed under this paragraph. The Secretary may revise such list from time to time thereafter. "(b) No standard for a type (or class) of covered products shall be prescribed pursuant to subsection (a) if— "(1) a test procedure has not been prescribed pursuant to section 323 with respect to that type (or class) of products, or "(2) the Secretary determines, by rule, that the establishment of such standard will not result in significant conservation of energy or that the establishment of such standard is not technologically feasible or economically justified. For purposes of section 32Y, a determination under paragraph (2) with respect to any type (or class) of covered products shall have the same effect as would a standard prescribed for such type (or class) under this section. "(c) Energy efficiency standards for each type (or class) of covered products prescribed under this section shall be designed to achieve the maximum improvement in energy efficiency which the Secretary determines is technologically feasible and economically justified. Such standards may be phased in, over a period not in excess of 5 years, through the establishment of intermediate standards, as determined by the Secretary. "(d) Before determining whether a standard is economically justified under subsection (c), the Secretary, after receiving any views and comments furnished with respect to the proposed standard under section 336, shall determine that the benefits of the standard exceed its \

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