DOE Issues Final Rule for Rough Service and Vibration Service Lamps
The U.S. Department of Energy (DOE) published a final rule Dec. 26, 2017, codifying the backstop requirements for rough service lamps and vibration service lamps. Prior to the rule, the backstop requirements were triggered as a result of the rough service lamps and vibration service lamps exceeding the sales threshold.
DOE was required to initiate and complete an energy conservation standards rulemaking within one year, because the sales threshold was exceeded. While DOE did initiate a rulemaking proceeding, the agency did not finalize a rule. As a result, the backstop requirement was triggered.
The final rule places in the Code of Federal Regulations certain requirements and wattage limitations for rough service lamps and vibration service lamps prescribed by Congress in EPCA. Specifically, the final rule applies a statutorily established 40-watt maximum energy use and packaging limitation to rough service lamps and vibration service lamps. The rule took effect Jan. 25, 2018.
Industry stakeholders had concerns with the extremely short compliance window. The harsh reaction caused DOE to publish an Enforcement Policy Statement, declaring that DOE would not seek civil penalties for violations related to the final rule that occurred after Jan. 25, 2018, but before May 1, 2018.
Manufacturers that make rough service lamps and vibration service lamps after May 1, 2018, that do not comply with the new requirements, are prohibited from distributing those products in commerce. Furthermore, importing or selling non-compliant products can expose businesses to potentially severe enforcement action by DOE.
Read the full text of the final rule, here
And, read the Enforcement Policy Statement, here