431.176—Voluntary Independent Certification Programs.
(a)
The Department will approve a Voluntary Independent Certification Program (VICP) for a commercial HVAC and WH product if the VICP meets all of the following criteria:
(1)
The program publishes its operating procedures in written form, and permits participation by all manufacturers of products covered by the program so long as they comply with the VICP's requirements concerning operation of the program.
(2)
The program requires each participant to report to the program the efficiency of each basic model that the participant manufactures and that is covered by the program. The participant must determine such efficiency based on measurement of the basic model's performance.
(3)
The program publishes the efficiency ratings received from each participant, or otherwise makes the ratings readily available to the general public and to the Department.
(4)
The program conducts periodic verification testing on listed equipment, by testing the efficiency of each basic model at least once every five years and comparing its rated efficiency to the test results.
(5)
An independent laboratory conducts the tests, or independent laboratory personnel supervise the tests.
(6)
For verification testing, the testing personnel select units randomly from the manufacturer's stock.
(7)
The program uses efficiency testing in accordance with the applicable Department test procedures.
(8)
The program's verification testing meets industry standards for the accuracy of testing and of rating results for the equipment being tested, and the program satisfactorily describes how it meets these standards.
(9)
The program has a standard for determining whether the efficiency rating a manufacturer claims for a product is valid.
(10)
The program requires that, if a basic model fails verification testing conducted by the VICP, the manufacturer of the basic model must remove it from production and sale if the verification testing results show it is not in compliance with EPCA efficiency standards, or correctly re-rate it if it complies with such standards. The program must also provide that a participating manufacturer will be expelled from the VICP if it does not comply with such requirements, and that the VICP will report to the Department certification test results that find the performance of a basic model not to meet EPCA efficiency standards. (A basic model “fails” verification testing when the VICP has compared the basic model's efficiency rating resulting from completion of that testing with the efficiency rating claimed by the manufacturer, and has determined that the rating claimed by the manufacturer is not valid.)
(11)
The program provides for penalties or other incentives to encourage manufacturers to report accurate and reliable efficiency ratings.
(12)
The program provides to the manufacturer copies of all records of completed verification testing performed on the manufacturer's equipment covered by the program.
(13)
The VICP makes available for DOE review, data on the results of its verification testing, including the following for each basic model on which the VICP has performed verification testing:
(iii)
Either the applicable energy conservation standard or a description of the model sufficient to enable the Department to determine such standard.
(14)
The program contains provisions under which each participating manufacturer can challenge ratings submitted by other manufacturers, which it believes to be in error.
(b)
If the organization operating an approved VICP makes any changes in its program, the organization must notify the Department of such changes within 30 days of their occurrence, and the Department may then rescind or continue its approval.