PUBLIC LAW 94-163—DEC. 22, 1975
89 STAT. 927
ing in any manner other than that prescribed in such rule under section 323, or (B) if there is a rule under section 324 applicable to such covered product and such State regulation requires disclosure of information other than information disclosed in accordance with such rule under section 324; or (2) any energy efficiency standard or similar requirement with respect to energy efficiency or energy use of a covered product— (A) if there is a standard under section 325 applicable to such product, and such State regulation is not identical to such standard, or (B) if there is a rule under section 323 or 324 applicable to such product and such State regulation requires testing in accordance with test procedures which are not identical to the test procedures specified in such rule. (b) (IJ If a State regulation provides for an energy efficiency stand- Petition, ard or similar requirement respecting energy use or energy efficiency of a covered product and if such State regulation is not superseded by subsection (a)(2), then any person subject to such State regulation may petition the Administrator for the prescription of a rule under this subsection which supersedes such State regulation in whole or in part. The Administrator shall, within 6 months after the date such a petition is filed, either deny such petition or prescribe a rule under this subsection superseding such State regulation. The Administrator shall issue such a rule with respect to a State regulation if and only if the petitioner demonstrates to the satisfaction of the Administrator that— (A) there is no significant State or local interest sufficient to justify such State regulation; and (B) such State regulation unduly burdens interstate commerce. (2) Notwithstanding the provisions of subsection (a), any State regulation which provides for an energy efficiency standard or similar requirement respecting energy use or energy efficiency of a covered product shall not be superseded by subsection (a) if the State prescribing such standard demonstrates and the Administrator finds, by rule, that— (A) there is a substantial State or local need which is sufficient to justify such State regulation; (B) such State regulation does not unduly burden interstate commerce; and (C) if there is a Federal energy efficiency standard applicable to such product, such State regulation contains a more stringent energy efficiency standard than the corresponding Federal standard. (c) Notwithstanding the provisions of subsection (a), any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such State standards are more stringent than the corresponding Federal standards. (d) For purposes of this section, the term "State regulation" means "State regulation." a law or regulation of a State or political subdivision thereof. (e) Any disclosure with respect to energy use, energy efficiency, or estimated annual operating cost, which is required to be made under the provisions of this part, shall not create an express or implied Avarranty under State or Federal law that such energy efficiency will be achieved, or that such energy use or estimated annual operating cost will not be exceeded, under conditions of actual use.
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