Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment

statute. DOE will issue a more-stringent standard than the ASHRAE Standard 90.1 level if DOE determines, supported by clear and convincing evidence, that the more-stringent standard would result in significant additional conservation of energy and is technologically feasible and economically justified. (42 U.S.C. 6313(a)(6)(A)(ii)(II)). DOE will adopt an updated test procedure for covered ASHRAE equipment so as to be consistent with related amendments to ASHRAE Standard 90.1, unless such test standard would not meet the requirements of 42 U.S.C. 6314(a)(2)-(3) (i.e., a test procedure reasonably designed to reflect energy efficiency, energy use, and estimated operating cost of a type of industrial equipment (or class thereof) during a representative average use cycle and is not unduly burdensome to conduct). (42 U.S.C. 6314(a)(4)(B)). If DOE makes such finding, by rule and supported by clear and convincing evidence, the Department may establish an amended test procedure that does meet these statutory requirements. (42 U.S.C. 6314(a)(4)(C)). To reflect these statutory requirements, the February 2020 Process included the statement that DOE will adopt the revised ASHRAE levels or the industry test procedure, except in very limited circumstances. The February 2020 Process Rule also included a description of what qualifies as clear and convincing evidence.\36\ 85 FR 8626, 8708 (Feb.