Page:United States Statutes at Large Volume 106 Part 4.djvu/77

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PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2813 ing equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, the Secretary shall establish an amended uniform national standard for that product at the minimum level for each effective date specified in the amended ASHRAEVIES Standard 90.1, unless the Secretary determines, by rule published in the Federal Register and supported by clear and convincing evidence, that adoption of a imiform national standard more stringent than such amended ASHRAE/IES Standard 90.1 for such product would result in significant additional conservation of energy and is technologically feasible and economically justified. "(B)(i) If the Secretary issues a rule containing such a determination, the rule shall establish such amended standard. In determining whether a standard is economically justified for the purposes of subparagraph (A), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed its burdens by, to the greatest extent practicable, considering— "(I) the economic impact of the standard on the manufacturers and on the consimiers of the products subject to such standard; "(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products which are likely to result from the imposition of the standard; "(III) the total projected amount of energy savings likely to result directlv from the imposition of the standard; "(IV) any lessening of the utility or the performance of the products likely to result from the imposition of the standard; "(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; "(VI) the need for national energy conservation; and "(VII) other factors the Secretary considers relevant, "(ii) The Secretary may not prescribe any amended standard under this paragraph which increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes such finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the imavailability in the United States in any product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and >^olumes that are substantially the same as those generally available in the United States at the time of the Secretary's finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary determination of whether to prescribe a standard for other types or classes. "(C) A standard amended by the Secretary under this paragraph shall become effective for products manufactured— "(i) with respect to small commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, on or after a