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The Energy Policy and Conservation Act, as amended (EPCA), authorizes the Secretary of Energy to classify additional types of consumer products as covered products upon determining that: classifying the product as a covered product is necessary for the purposes of EPCA; and the average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours per year (kWh/yr). In a final determination published on July 15, 2022, the U.S. Department of Energy (DOE) determined that classifying air cleaners as a covered product is necessary or appropriate to carry out the purposes of EPCA, and that the average U.S. household energy use for air cleaners is likely to exceed 100 kWh/yr. Through a direct final rule, DOE has established energy conservation standards for air cleaners. DOE has determined that energy conservation standards for these products will result in significant conservation of energy, and are technologically feasible and economically justified.

Additionally, DOE published a companion notice of proposed rulemaking, which proposes new energy conservation standards for air cleaners that are identical to those set forth in the direct final rule, available at 88 FR 21512 (Apr. 11, 2023). If DOE receives adverse comment in response to this rulemaking and determines that such comment may provide a reasonable basis for withdrawal, DOE will publish a notice withdrawing the direct final rule and will proceed with proposed rule instead.