Questions and Answers
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Introduction
These Questions and Answers (Q&As) are meant to help consumers,
retailers, distributors and manufacturers understand the Energy Efficiency
Standards Act (the Act or EESA) (State Government Article, Section 9-2006,
Annotated Code of Maryland) and the implementing regulations (COMAR
14.26.03.01-14.26.03.14.). This document is not a substitute for the Act
or the regulations, and should not be relied upon for legal purposes.
For further information, please contact David Cronin at 410/260-7543 of
the Maryland Energy Administration. Persons are invited to review and
provide comments on this document. MEA is prepared to amend this document
to provide additional useful information about the Act, the implementing
regulations and the underlying policies.
General Information
Scope of Statute
Testing and Labeling
Compliance and Enforcement
APPENDIX A: Sample Certification
I. General Information
Q1. What is the Energy Efficiency Standards Act and
what is its purpose?
A1. The General Assembly passed the Energy Efficiency Standards
Act to establish minimum energy efficiency standards on nine separate
products that consume energy being sold or offered for sale in the State.
Related to this general purpose are provisions that require manufacturers
to identify products that meet the Maryland standards, provide for
testing, labeling and also enforcement of the law.
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Q2. Who is responsible for the implementation of the
Energy Efficiency Standards Act?
A2. The Maryland Energy Administration is responsible for the
implementation of these energy efficiency standards. For further
information, please visit our Web site at www.energy.state.md.us.
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Q3. Where can I find additional information about the
energy efficiency standards in the Energy Efficiency Standards Act?
A3. Information about the energy efficiency standards can be
found on the Maryland Energy Administration website www.energy.state.md.us.
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Q4. What products are subject to the Energy
Efficiency Standards Act?
A4. The following products are subject to the Energy Efficiency
Standards Act: Torchiere Lighting Fixtures. Unit Heaters. Low-Voltage
Dry-Type Distribution Transformers. Ceiling Fans and Ceiling Fan Light
Kits. Red and Green Traffic Signal Modules. Illuminated Exit Signs.
Commercial Refrigeration Cabinets. Large Packaged Air-Conditioning
Equipment. Commercial Clothes Washers.
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Q5. Where can I find a copy of the Energy Efficiency
Standards Act?
A5. The Energy Efficiency Standards Act (State Government
Article, Section 9-2006, Annotated Code of Maryland) can be found online
at mlis.state.md.us/2003rs/billfile/SB0394.htm or at www.energy.state.md.us
Implementing regulations for the Act, COMAR 14.26.03.01-14.26.03.14 are
also found at this web site: www.energy.state.md.us.
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Q6. When do these standards take effect?
A6. Listed products sold or offered for sale in Maryland have to
meet the standards after March 1, 2005. The exceptions to this general
rule relate to commercial clothes washers, and ceiling fan light kits.
Commercial clothes washers and ceiling fan light kits do not have to meet
the new efficiency standards until March 1, 2007. Commercial clothes
washers and ceiling fan light kits not meeting the standards may be
installed until January 1, 2008.
Please note that the statute provides that MEA may delay implementation
of the standards of the law upon the request of a Maryland business or
consumer if the MEA determines that products conforming to the standard
will not be widely available in Maryland by the applicable date. (State
Government Article, Section 9-2006(e) Annotated Code of Maryland; COMAR
14.26.03.07). In December, MEA granted a one year delay of implementation
on three products: ceiling fans, unit heaters, commercial refrigeration
cabinets.
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Q7. What happens if a listed product is sold or
installed in the State of Maryland after the above-referenced dates?
A7. That action would be a violation of the Energy Efficiency
Standards Act and potentially subject the seller and possibly others to
liability.
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Q8. I believe that one of these products conforming
to the standards will not be available by the time set for products to
meet the standard. Is there any way to delay implementation of the
standard until conforming products do enter the market?
A8. Yes. If products conforming to one of the standards will not
be widely available in Maryland by the effective date of the requirements,
a Maryland business or consumer may file a request with the Maryland
Energy Administration to delay the implementation of the standard by not
more than one year. . The request should include the length of the delay
sought, as well as the reason for such a delay and any supporting
information. MEA will consider such requests and, following appropriate
notice and comment, make a determination. See State Government Article,
Section 9-2006(e) Annotated Code of Maryland; COMAR 14.26.03.07.
As noted in A6, MEA has already made “delay” determinations concerning
several products.
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Q9. How is the Energy Efficiency Standards Act
different from the ENERGY STAR Program?
A9. The Federal ENERGY STAR program is a voluntary federal
program wherein manufacturers are encouraged to develop and provide
products that meet certain designated energy efficiency standards. An
ENERGY STAR label is awarded to those products that generally rank in the
top 25 percent of their product type. The federal government’s ENERGY STAR
standards tend to be ratcheted up over time since, through innovation,
efficiency for products increase. In contrast, in the Energy Efficiency
Standards Act, the State is mandating very specific energy efficiency
standards for listed products sold or offered for sale or installed in the
State after a certain date.
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Q10. Do I need to go to a special store in order to
purchase products covered by the Act?
A10. No. Stores in Maryland that sell the types of products
covered under the Act will only carry products that are in compliance
after the effective date. If you believe a retailer is selling products in
violation of these standards, please contact the Maryland Energy
Administration at 1-800-735-2258 or (410) 260-7655.
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Q11. Whom can I contact for more information on the
energy efficiency standards reflected in the Act?
A11. For more information about these energy efficiency
standards, please contact David Cronin of the Maryland Energy
Administration at 1-800-735-2258 or (410) 260-7543.
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II. Scope of Statute
Q12. What types of appliances are covered by these
standards?
A12. The new energy efficiency standards apply to nine different
categories of products: Torchiere lighting fixtures. Unit heaters.
Low-voltage dry-type distribution transformers. Ceiling fans. Red and
green traffic signal modules. Illuminated exit signs. Commercial
refrigerator cabinets. Large packaged air-conditioning equipment.
Commercial clothes washers. (State Government Article, Section 9-2006(b)
Annotated Code of Maryland; COMAR 14.26.03.04.)
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Q13. Whom does this Act apply to?
A13. This act applies to all manufacturers, wholesalers,
retailers, distributors, commercial installers and consumers in the State
of Maryland.
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Q14. Where can I find a list of the products that
meet the new energy standards?
A14. The Maryland Energy Administration intends to maintain a
list of all products that are in compliance with the new efficiency
standards. MEA intends to place the information on the MEA web site:
http://www.energy.state.md.us/ or you may request a hard copy of this
information by calling (410) 260-7655.
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Q15. What is a torchiere lighting fixture?
A15. A torchiere lighting fixture means a portable electric
lighting device with a reflector bowl giving light directed upward so as
to give indirect illumination.
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Q16. Are all torchiere lighting units subject to the
efficiency standards described in the Energy Efficiency Standards Act?
A16. No. Only those torchiere lighting units that consume more
than 190 watts or may be capable of operating with lamps that total more
than 190 watts.
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Q17. Concerning torchiere lights that are subject to
EESA, the standards reflect that they should not be capable of
operating with lamps that total more than190 watts. What does the term
"capable of operating" mean for purposes of EESA?
A17. The term "capable of operating" for purposes of EESA means
that the product is labeled to reflect it is not capable of operating
safely with lamps that total more than 190 watts (that is without risk of
fire or other danger)
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Q18. What is a unit heater?
A18. For purposes of EESA, a "unit heater" means a
self-contained fan-type heater that is designed to be installed within the
heated space; and includes an apparatus or appliance to supply heat and a
fan for circulating air over a heat exchange surface, all enclosed in a
common casing. A unit heater does not include a "warm air furnace" as
defined under the Federal Energy Policy Act of 1992.
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Q19. What is a low-voltage dry-type distribution
transformer?
A19. A low-voltage dry-type distribution transformer is a device
used to alter the power of an electrical current before distributing it to
devices that require lower levels of power with the power entering the
transformer at 600 volts or less and uses air as a coolant.
For purposes of the EESA, low-voltage dry-type distribution
transformers do not include:
- An autotransformers in which the primary and secondary windings are
not electronically isolated and at least a portion of the secondary
voltage is derived from the primary winding.
- A drive transformer designed only to provide power to operate an
electronic, variable- speed motor drive.
- A grounding transformer designed only to provide a grounding point.
- A harmonic transformer designed to supply a load with a higher than
normal harmonic current level and that has a k-rating of k-4 or greater.
- An impedance transformer that has a specified impedance of less than
4 percent or greater than 8 percent.
- A machine tool transformer designed only to provide power to machine
tool equipment.
- A rectifier transformer designed to provide power only to a
rectifier circuit and that has a nameplate rating for both the
fundamental frequency power rating and the RMS power rating.
- A regulating transformer with automatic tap changers.
- A sealed and nonventilating transformer designed to prevent airflow
through the transformer.
- A testing transformer designed only as part of, or to supply power
to, electrical test equipment.
- A UPS transformer designed only as an integral part of an
uninterruptible power system.
- A welding transformer designed only to provide power to welding
equipment.
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Q20. What is a red and green traffic signal module?
A20. A red and green traffic signal module is part of the
standard traffic light signal used at intersections.
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Q21. What is an illuminated exit sign?
A21. An illuminated exit sign is any illuminated sign
permanently fixed in a building intended to identify an exit.
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Q22. What is a commercial refrigeration cabinet?
A22. A commercial refrigeration cabinet is any refrigerator,
freezer or refrigerator-freezer designed for commercial use and may be
configured as a reach-in cabinet, a pass-through cabinet, a roll-in
cabinet or a roll-through cabinet.
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Q23. What is large packaged air conditioning
equipment?
A23. Large packaged air conditioning equipment is any air
conditioning equipment with over 20 tons of cooling capacity.
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Q24. What is a commercial clothes washer?
A24. A commercial clothes washer is any clothes washer that was
designed by the manufacturer for use in situations where more than one
household will be using it or if it is used for any other commercial
activities, unless the clothes container compartment is not greater than
3.5 cubic feet for horizontal-axis clothes washers or 4.0 cubic feet for
vertical-axis clothes washers.
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Q25. I own a townhouse in Baltimore City, containing
three individual units. A total of 5 people live in this building. In the
basement, as a convenience to my tenants, I have placed a clothes washer
and clothes dryer. I do not "charge" money for the use of these machines.
As I had mentioned, these machines are there for their convenience. The
washer will need to be replaced in the next year or so. Will this machine
need to comply with the EESA standards?
A25. The only clothes washers that are subject to EESA standards
are those that were designed by the manufacturer for use in commercial
situations. If the washer is simply a standard "single family" washer,
meaning it was not designed by the manufacturer for multiple-family use,
it would not need to comply with the EESA standards.
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III. Testing and Labeling
Q26. How do I know if an appliance I purchased meets
these standards?
A26. Appliances will be labeled before they are sold, so you
will be able to tell before you purchase whether your appliance meets the
new standards. Also MEA intends to maintain on our Web site a list of all
products conforming to the EESA standards.
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Q27. What labeling requirements are there for
products that meet the new energy efficiency standards?
A27. Every product in compliance with these standards will be
identified by a mark, label or tag affixed to the product at the time of
sale or installation. This label will state that the product complies with
the Maryland Energy Efficiency Standards Act. The label does not need to
be permanently affixed: it may be a removable or hanging label. Please
note though that there is a general exception to this rule: Maryland
labels are not required for those products bearing another label
reflecting that the product meets an efficiency standard at least equal to
the Maryland standard.
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Q28.What does the Maryland label look like?
A28. The Maryland label, mark or tag shall consist of the letter
"M" within a circle. The circle may not be less than one-half inch in
diameter.
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Q29. Are there any EESA covered products that might
be covered by other efficiency regimes that have labeling laws.
A29. Yes. Certain ceiling fans, commercial refrigerators and
freezers, traffic signal modules are covered by ENERGY STAR for which
there are labels. Exit signs are covered by a California Energy Commission
efficiency standard and there is a labeling provision relating to the
product. There is an industry, National Electrical Manufacturers
Association (NEMA), standard and label that applies to low-voltage
dry-type distribution transformers. There may be other standards and
labels that MEA is not aware of that are applicable.
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Q30. What methods of testing are used to determine
whether an appliance is in compliance with the standards?
A30. MEA is in the process of identifying tests that can gauge
whether appliances subject to EESA are in compliance with EESA standards
or not. Representatives of the Appliances Standards Awareness Project have
suggested that the following tests could be used to determine whether the
appliances comply with the standards:
- Ceiling fans: ENERGY STAR method.
- Commercial clothes washers: U.S. DOE test method (10 CFR
section 430.23(j)(AppendixJ1 to Subpart B of Part 430) (2001)
- Commercial refrigerators and freezers: ANSI/ASHRAE 117-1992
with CEC modifications per Table A-2 of California Title 20 Appliance
Standards.
- Exit signs: ENERGY STAR test method.
- Large packaged air-conditioners: ANSI/ARI 340/360-2000 test
method (industry test method).
- Low-voltage dry-type distribution transformers: National
Electrical Manufacturers Association (NEMA) Standard TP-2.
- Torchiere lighting fixtures: Prescriptive standard for
fixture; IES LMLM-45 for bulb wattage.
- Traffic signal modules: ITE test method as applied by ENERGY
STAR.
- Unit heaters: Prescriptive standard- no test method required.
MEA invites interested persons to comment on the identified test
methodologies and also to identify others that may work as well.
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Q31. How does a new product become certified?
A31. The manufacturer must provide a certification in writing to
the Maryland Energy Administration stating that any product covered by
these standards offered for sale in the State is in compliance with the
law.
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Q32. What is the process for providing the
certification and what should it look like?
A32. Manufacturers of products that must be in compliance with
the EESA standard on March 1, 2005 should direct certifications to MEA no
later than that date. Manufacturers of covered products are invited to
start providing this information immediately.
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Q33. What information should the certification
contain?
A33. The following information should be on each certification:
Manufacturer information: Company name, contact name, address, telephone
number, fax number, contact person’s e-mail address. Product Category.
- Product information: Name(s) and product identification
number(s) of covered product. Assertion of compliance statement and
related information: Statement that the referenced product meets EESA
standards.
- Information including name, address, telephone number, fax
number, website address and email address of the testing laboratory or
other institution where testing was performed.
- Test Method used.
- Labeling requirement: Statement identifying how labeling
requirement of the EESA has been addressed.
- Please note: A sample certification form is attached as
Appendix A to this document.
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Q34. Where should completed certifications be sent?
A34. Completed certifications can be sent to the following
addresses:
Postal Service Address:
Maryland Energy Administration
Attention: Maria Ulrich
1623 Forest Drive, Suite 300
Annapolis, Maryland 21403
E-mail address: meainfo@energy.state.md.us
Facsimile number: (410) 974-2250.
Please note: You will want to have a confirmation that the
mailing has actually been received by MEA. For this reason, we recommend
that if you send the certifications by post that you send them by
certified mail. For faxes the receipt log will be your confirmation.
Regarding email submissions, if you do not get a confirmation of receipt
within three days of mailing, please call MEA at (410)260-7655 or
1-800-723-6374 to ensure that the email was received.
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Q35. I manufacture ceiling fans that are subject to
EESA. I understand that implementation of the law has been delayed for one
year. For my products distributed in Maryland, when must the
certifications be directed to MEA?
A35. As implementation has been delayed for one year,
certifications must be directed to EESA on or before March 1, 2006.
Manufacturers, of course, could provide these certifications sooner if
they desire.
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Q36. How will consumers know whether the appliance
they have purchased meets the efficiency standards?
A36. Consumers will be able to look at the label on a product at
the time of purchase or installation to know whether or not it meets the
energy efficiency standards. Consumers will also be able to acquire a list
of products meeting the standards from the Maryland Energy Administration.
The list is expected to be available on line at www.energy.state.md.us.
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Q37. Who pays for the product testing?
A37. For the initial certification, the manufacturer is
responsible for paying for the testing of each product and labeling costs.
If MEA decides to, on its own, test products subject to the law, it will
pay for the testing, unless MEA finds the product not to be in compliance
with the efficiency standards established under the law, in which case the
manufacturer shall pay for the testing.
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Q38. Must the manufacturer test products to be sold
in the State?
A38. To conform, the manufacturer needs to be able to support a
certification reflecting that the product meets the standards of the law.
If testing has already been completed for other purposes, and that testing
reflects that the product complies with the EESA standards, proof of that
testing will suffice for purposes of the Act.
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Q39. Sometimes commercial washing machines are
displayed in retail outlets. While these products are intended by the
manufacturers for commercial uses only, in these instances potential
non-commercial buyers are effectively being offered the product by a
retailer. Who is responsible for ensuring that the labeling requirement
that may exist for these type products is adhered to?
A39. As originally enacted, EESA required manufacturers to label
products to indicate the product met established energy efficiency
standards. Effective June 1, 2005, EESA was amended to provide that
manufacturers of covered products selling the products through retailers
need to identify these products as being in compliance with EESA by means
of a mark, label or tag on the product or packaging. The requirement is
set forth in Section 9-2006(h) of the State Government Article of the
Annotated Code of Maryland.
In the instance described, if the product was manufactured and intended
to be for commercial use and the manufacturer is aware that the product is
sold or being offered for sale at or through retail outlets, MEA will
require the manufacturer to notify distributors and retailers displaying
the product at retail facilities to properly identity the product as
conforming to standards by placing a label on the packaging or product at
time of sale or installation. If the product is being offered for sale in
a retail establishment without the manufacturer’s knowledge, MEA will
require that the retailer be responsible for ensuring that the EESA
labeling requirements are adhered to since SG § 9-2006 (k)(3) provides
that “a manufacturer, distributor, or retailer of covered new products may
be held responsible for violation of any of EESA’s provisions. MEA will
provide a written notice of violation to the retailer with an
informational copy to the manufacturer in these instances.
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IV. Compliance and Enforcement
Q40. Who is responsible for making sure an appliance
meets these standards?
A40. The manufacturer, distributor and retailer share the
responsibility to ensure products sold in Maryland meet these standards.
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Q41. Do the appliances in my mobile home or
recreational vehicle have to meet these new energy standards?
A41. No. Products covered by the Act that are either installed
or designed to be installed in a mobile home or a recreational vehicle do
not have to meet the new energy efficiency standards.
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Q42. What requirements must a manufacturer meet in
order to be in compliance with the requirements of the Act?
A42. A manufacturer must meet the certification, testing and
labeling requirements in order to be in compliance with the Act. The
labeling standard requires all subject appliances that meet the Act
standards have a label on both the product and its packaging. Please see
the sample label at A27.
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Q43. I purchased a product subject to the Energy
Efficiency Standards Act after March 1, 2005 from a retailer. There was no
label on the product and the manufacturer did not provide a certification
to the Maryland Energy Administration. What should I do?
A43. Since the product should not have been sold in the State of
Maryland it should be returned for a full refund. You may wish to notify
the Maryland Energy Administration of the incident for investigation.
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Q44. What happens if a product is not in compliance
with the requirements of the energy efficiency standards?
A44. If a product is not in compliance with the energy
efficiency standards it cannot be sold or installed in Maryland after the
date the standards take effect.
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Q45. What is the penalty for failing to comply with
these standards?
A45. First-time violations by manufacturers, distributors or
retailers of covered products are subject to a warning by the Maryland
Energy Administration.
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Q46. What is the penalty for repeated violations of
these standards?
A46. Any manufacturer, distributor or retailer of covered
products that fail to comply, after receiving a warning, will be subject
to a civil penalty of no more than $250, each violation constituting a
separate offense and each day that a violation continues constituting a
separate violation.
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Q47. If it is clear that a product cannot meet the
EESA efficiency standards by the date or enactment, is there anything
anybody can do to delay implementation of the Act as it applies to the
product?
A47. If it appears that products conforming to one of the
standards will not be widely available in Maryland by the effective date
of the requirements a Maryland consumer or business may file a request
with the Maryland Energy Administration to delay the implementation of the
standard until such a time as suitable products are widely available in
Maryland. This request must be in writing. The request should include the
length of the delay sought, as well as the reason for such a delay and any
supporting information. Also see Questions and Answers 6 and 8 and State
Government Article, Section 9-2006(e) Annotated Code of Maryland; COMAR
14.26.03.07. In December, 2004 MEA granted a one-year delay of
implementation on ceiling fans, unit heaters, commercial refrigeration
cabinets.
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Q48. For
purposes of enforcing EESA in the product categories of exit signs,
transformers and large air conditioning units, what will the Maryland
Energy Administration consider the date that a product is sold or offered
for sale and when is the date of installation? This is a critically
important issue for those persons and entities involved in the sale,
distribution and installation of these products.
A48. Under SG §9-2006(d)(1) of EESA, the sale of nonconforming
exit signs, transformers, and large air conditioning units is prohibited
after March 1, 2005. However, under §9-2006(d) (2), if one of these
products was purchased before March 1, 2005, it may be lawfully installed
in Maryland until December 31, 2005 even if it does not meet the
prescribed energy efficiency standard. After discussions with interested
persons, MEA recognizes the procurement of materials and components that
go into new construction and rehabilitation projects is a multiple-step
process involving architects, construction engineers, and contractors.
Further, many building materials and components are purchased in bulk by
contractors through competitive bids, and often these procurements are
done well in advance of construction. This procurement process may make
the purchase date uncertain for enforcement purposes. Additionally, the
distinction between date of sale and date of installation for these
products is only an issue until the end of this calendar year.
Accordingly, unless the date of sale of one of these products is clearly
established to be after March 1, 2005, MEA will consider the date of
installation as constituting the date of sale of the above product
categories.
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