PUBLIC LAW 110–140—DEC. 19, 2007
121 STAT. 1557
‘‘(D) PREREQUISITES.—In establishing additional regional standards under this paragraph, the Secretary shall— ‘‘(i) establish additional regional standards only if the Secretary determines that— ‘‘(I) the establishment of additional regional standards will produce significant energy savings in comparison to establishing only a single national standard; and ‘‘(II) the additional regional standards are economically justified under this paragraph; and ‘‘(ii) consider the impact of the additional regional standards on consumers, manufacturers, and other market participants, including product distributors, dealers, contractors, and installers. ‘‘(E) APPLICATION; EFFECTIVE DATE.— ‘‘(i) BASE NATIONAL STANDARD.—Any base national standard established for a product under this paragraph shall— ‘‘(I) be the minimum standard for the product; and ‘‘(II) apply to all products manufactured or imported into the United States on and after the effective date for the standard. ‘‘(ii) REGIONAL STANDARDS.—Any additional and more restrictive regional standard established for a product under this paragraph shall apply to any such product installed on or after the effective date of the standard in States in which the Secretary has designated the standard to apply. ‘‘(F) CONTINUATION OF REGIONAL STANDARDS.— ‘‘(i) IN GENERAL.—In any subsequent rulemaking for any product for which a regional standard has been previously established, the Secretary shall determine whether to continue the establishment of separate regional standards for the product. ‘‘(ii) REGIONAL STANDARD NO LONGER APPROPRIATE.—Except as provided in clause (iii), if the Secretary determines that regional standards are no longer appropriate for a product, beginning on the effective date of the amended standard for the product— ‘‘(I) there shall be 1 base national standard for the product with Federal enforcement; and ‘‘(II) State authority for enforcing a regional standard for the product shall terminate. ‘‘(iii) REGIONAL STANDARD APPROPRIATE BUT STANDARD OR REGION CHANGED.— ‘‘(I) STATE NO LONGER CONTAINED IN REGION.— Subject to subclause (III), if a State is no longer contained in a region in which a regional standard that is more stringent than the base national standard applies, the authority of the State to enforce the regional standard shall terminate. ‘‘(II) STANDARD OR REGION REVISED SO THAT dkrause on GSDDPC44 with PUBLAW
EXISTING REGIONAL STANDARD EQUALS BASE NATIONAL STANDARD.—If the Secretary revises a
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