I
3
U.S. ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF INSPECTOR GENERAL
                          Catalyst for Improving the Environment
Evaluation Report
       Improvements Needed to Validate

       Reported ENERGY STAR Benefits



       Report No. 09-P-0061


       December 17, 2008

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Report Contributors:
Laurie Adams
Natasha Besch-Turner
Daniel Carroll
Jerri Dorsey
Jeffrey Harris
Abbreviations

CCAP        Climate Change Action Plan
CFLs        Compact Fluorescent Lights
DOE         Department of Energy
DSM        demand-side management
EPA         U.S. Environmental Protection Agency
kWh         kilowatt hours
MMTCE     million metric tons of carbon equivalent
OIG         Office of Inspector General
PBC         public benefits charge
Cover art:      The illustrations depict the four primary components of EPA's
               ENERGY STAR program, from left: products, commercial,
               industrial, and residential (from EPA).

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      PRtf
U.S. Environmental Protection Agency
Office of Inspector General

At  a  Glance
                                                                                         09-P-0061
                                                                                  December 17, 2008
                                                               Catalyst for Improving the Environment
Why We Did This Review

We initiated this review to
examine the validity and
accuracy of the reported
energy savings for the U.S.
Environmental Protection
Agency's (EPA's) ENERGY
STAR program. This was part
of our agenda to assess new
approaches to environmental
protection. We specifically
sought to determine whether
the savings reported were
valid and fully supportable.

Background
ENERGY STAR is a
voluntary program designed to
help businesses and
individuals enhance their
energy efficiency.  In 2006,
the ENERGY STAR
program reported avoiding a
total of 37.6 million metric
tons of carbon equivalent. It
further reported that ENERGY
STAR helped prevent
greenhouse gas emissions
equivalent to those from
25 million vehicles while
savings Americans $14 billion
on their energy bills.
            Improvements Needed to Validate Reported
            ENERGY STAR Benefits

For further information,
contact our Office of
Congressional, Public Affairs,
and Management at
(202)566-2391.

To view the full report,
click on the following link:
www.epa.gov/oig/reports/2009/
20081217-09-P-0061.pdf
 /2009/
             What We Found
            Reported ENERGY STAR benefits represented one-half of EPA's total
            greenhouse gas emissions avoided in 2006. ENERGY STAR benefits are a major
            component of efforts reducing such emissions. The accuracy of the program's
            reported energy savings is important in monitoring the United States' efforts to
            reduce greenhouse gas emissions.

            We found the ENERGY STAR program's reported savings claims were inaccurate
            and the reported annual savings unreliable. We identified several deficiencies
            with the shipment data and the process used in calculating benefits. Deficiencies
            included the lack of a quality review of the data collected; reliance on estimates,
            forecasting, and unverified third party reporting; and the potential inclusion of
            exported items. Also, EPA included savings for one Department of Energy (DOE)
            product that DOE also claimed.

            Additionally, sales of formerly qualified products are used to determine ENERGY
            STAR's market transformation benefits, but we found that this benefit was
            computed inconsistently. Also, the methodology used to compute the ENERGY
            STAR commercial sector benefits uses unverified assumptions.
             What We Recommend
            We recommended that EPA:

                •   Establish and implement improved quality controls.
                •   Develop and consistently apply a data-driven methodology to compute
                   market transformation effects.
                •   Validate the model for calculating the benefits of the ENERGY STAR
                   commercial sector to ensure it accurately reflects the sector's impacts.

            EPA disagreed with many of our conclusions, but stated it had implemented some
            of the recommendations. However, some of EPA's planned actions do not meet
            the intent of our recommendations, and we consider these recommendations open
            and unresolved.

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                    UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  WASHINGTON, D.C. 20460
                                                                           OFFICE OF
                                                                        INSPECTOR GENERAL
MEMORANDUM
SUBJECT:
FROM:
TO:
                                   December 17, 2008
Improvements Needed to Validate Reported ENERGY STAR Benefits
Report No. 09-P-0061
Wade T. Najjum
Assistant Inspector General for Program Evaluation

Robert J. Meyers
Principal Deputy Assistant Administrator
Office of Air and Radiation
This is our report on the ENERGY STAR benefits evaluation conducted by the Office of
Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA).  This report
contains findings that describe the problems the OIG has identified and corrective actions the
OIG recommends. This report represents the opinion of the OIG and does not necessarily
represent the final EPA position. Final determinations on matters in this report will be made by
EPA managers in accordance with established audit resolution procedures.

The estimated cost of this report - calculated by multiplying the project's staff days by the
applicable daily full cost billing rates in effect at the time - is $538,867.

Action Required

In accordance with EPA Manual 2750, you are required to provide a written response to this
report within 90 calendar days.  You should include a corrective actions plan for agreed upon
actions, including milestone dates.  We have no objections to the further release of this report to
the public. This report will be available at http://www.epa.gov/oig.

If you or your staff has any questions regarding this report, please contact me at 202-566-0827;
or Jeffrey Harris, Director of Cross Media, at 202-566-0831 or harris.jeffrey@epa.gov.

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Improvements Needed to Validate                                           09-P-0061
Reported ENERGY STAR Benefits
                      Table of Contents
Chapters
   1   Introduction	    1

            Purpose 	    1
            Background	    1
            Noteworthy Achievements	    3
            Scope and Methodology	    4
            Prior Review 	    5

   2   Inaccurate and Unsupported  Data Used to Calculate
       2006 ENERGY STAR Product Annual Benefits	    6

            Process Used to Calculate Product Sector Savings	    6
            Shipment Totals Used in Savings Calculations Are Unreliable	    8
            Other Factors Contribute to Uncertainties	   10
            DOE Product Included in EPA ENERGY STAR Reported Savings	   12
            Conclusion	   13
            Recommendation	   13
            Agency Comments and OIG Evaluation	   14

   3   ENERGY STAR Market Transformation Benefits
       Calculated Inconsistently	   15

            Market Transformation Caused by Innovations in Efficiency	   15
            Market Transformation Benefits Calculated with Assumed Data	   16
            Market Transformation Obscures Program Accomplishments	   17
            Conclusion	   18
            Recommendation	   18
            Agency Comments and OIG Evaluation	   18

   4   ENERGY STAR Commercial Benefits Model Utilizes
       Unverified Assumptions 	   20

            Formula Used to Calculate Commercial Sector Savings	   20
            Methodology Not Tailored for ENERGY STAR	   20
            Formula Methodologies and Assumptions Need to Be Verified	   23
            Conclusion	   23
            Recommendation	   24
            Agency Comments and OIG Evaluation	   24

   Status of Recommendations and Potential Monetary Benefits	   25
                                 - continued -

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Improvements Needed to Validate                                        09-P-0061
Reported ENERGY STAR Benefits
Appendices
   A   Logic Model for ENERGY STAR Products 	   26
   B   Logic Model for ENERGY STAR Commercial & Industrial Programs	   27
   C   Details on Scope and Methodology	   28
   D   Agency Comments and OIG Evaluation	   30
   E   Distribution	   43

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                                                                           09-P-0061
                                Chapter 1
                                Introduction
Purpose
             We initiated this review to examine the validity and accuracy of the reported
             energy savings for the U.S. Environmental Protection Agency's (EPA's)
             ENERGY STAR program.  This was part of our agenda to assess new approaches
             to environmental protection. We specifically sought to determine whether the
             savings reported in 2006 were valid and fully supportable.
Background
             In 1990, Section 103(g) of the Clean Air Act directed the EPA Administrator to
             "conduct a basic engineering research and technology program to develop,
             evaluate, and demonstrate non regulatory strategies and technologies for air
             pollution prevention." In 1992, EPA's Office of Air and Radiation established the
             ENERGY STAR Product Labeling Program (the ENERGY STAR program) as an
             innovative approach to environmental protection.  Congress formally authorized
             the ENERGY STAR program in the Energy Policy Act of 2005.l

             ENERGY STAR is a voluntary program designed to help businesses and
             individuals protect the environment through superior energy efficiency. The
             ENERGY STAR program was designed to overcome selected market barriers.
             The program was first introduced to recognize and promote energy-efficient
             computers. It has since grown to cover many additional consumer products and
             services. In 1996, EPA partnered with the Department of Energy (DOE) to
             promote the ENERGY STAR label and broaden the range of products covered.2

             The ENERGY STAR program is one part of a larger U.S. government-wide
             agenda to address climate change. In 2002, the President announced a goal of
             reducing America's greenhouse gas intensity 18 percent by 2012. EPA's
             programs are expected to contribute over 70 percent of the emissions reductions
             needed to meet the President's  greenhouse gas intensity goal. ENERGY STAR is
             the most significant of the EPA's greenhouse gas avoidance programs.  In 2006,
             the program accounted for over 50 percent of EPA's contribution. The success of
             ENERGY STAR is therefore central to whether the United States will meet the
             President's goal for reducing greenhouse gas intensity.
1 Public Law 109-58-Aug. 8, 2005; Subtitle C-Energy Efficient Products, Sec. 131. ENERGY STAR program.
2 A Memorandum of Cooperation was signed jointly on May 29, 1996.

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                                                                              09-P-0061
             The ENERGY STAR program reported avoiding a total of 37.6 million metric
             tons of carbon equivalent (MMTCE) in 2006. According to the EPA, the program
             helped prevent greenhouse gas emissions equivalent to those from 25 million
             vehicles while saving Americans $14 billion on their energy bills. ENERGY
             STAR has four program sectors: products, commercial, industrial, and residential.
             The 2006 reported carbon emissions avoided by program sector are illustrated in
             Figure 1-1; the paragraphs that follow describe the four sectors.

             Figure 1-1: Carbon Emissions Avoided by Sector for 2006
                       Industrial 17.35
               Residential
                  1.1 %
             Source: OIG Analysis of ENERGY STAR 2006 Annual Report
               Products

             According to ENERGY STAR staff the product sector is designed to promote
             energy-efficient products for purchase by consumers. This sector is the original
             component of EPA's ENERGY STAR program and is still the most recognizable
             part of the program.3 EPA reports that approximately 1,700 manufacturers are
             using the ENERGY STAR label on over 40,000 product models across more than
             50 product categories. Annually, consumers are reportedly purchasing
             approximately 300 million ENERGY STAR-qualified products and have invested
             in over 2 billion products since 1992. ENERGY STAR reported within its 2006
             annual report that the product sector was responsible for 15.5 MMTCE emissions
             avoided.
 A logic model illustrating how the ENERGY STAR program is designed to promote energy efficiency among
consumer products is depicted in Appendix A.

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                                                                             09-P-0061
              Commercial and Industrial Sectors

             The commercial and industrial sectors are designed to promote superior corporate
             energy management approaches and provide partners guidance on assessing
             current energy use and developing plans that will lead to energy reductions and
             overall energy efficiency.  Annually, commercial and industrial buildings use
             approximately $200 billion worth of electricity and natural gas, which results in
             nearly half of the U.S. greenhouse gas emissions. ENERGY STAR reported
             within the 2006 annual report that the commercial and industrial sectors avoided
             combined total emissions of 21.7 MMTCE.4 EPA reported that increasing energy
             prices and greater concern for the environment and  global warming have recently
             increased interest and participation in ENERGY STAR'S commercial and
             industrial program efforts.

              Residential Sector

             The residential sector is designed to help make residential homes more energy
             efficient. This sector is composed of two primary components: home
             improvements and new homes. ENERGY STAR reported that households can
             reduce their energy use up to 30 percent and save $600 annually on utility bills by
             using qualified products and services. In the 2006 annual report, EPA reported
             that ENERGY STAR'S residential sector avoided total emissions of 0.4 MMTCE.
Noteworthy Achievements
             According to ENERGY STAR, the program has grown steadily in terms of the
             energy efficient solutions it offers, the variety of partners, and the benefits it
             delivers.  EPA has been successful in marketing the ENERGY STAR brand and
             label. In 2007, EPA reported that 74 percent of households nationwide recognize
             the ENERGY STAR label and 62 percent associated the label with "energy
             efficiency or energy savings."

             Since 2000, the ENERGY STAR program has consistently outperformed its
             annual goals, as illustrated in Figure 1-2.
4 A logic model illustrating how the ENERGY STAR program is designed to promote energy efficiency among
commercial buildings is depicted in Appendix B.

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                                                                              09-P-0061
             Figure 1-2: ENERGY STAR Goals Are Surpassed


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2000    2001
                                       2002
                                    D Goal
2003    2004
   Year
    D Reported
2005    2006
             Source: ENERGY STAR and Other Climate Protection Partnership Annual Reports,
             2000 through 2006

             The ENERGY STAR program's overall reported achievements in 2006 exceeded
             the program's goals as illustrated in Table 1-1.

             Table 1 -1:  ENERGY STAR 2006 Goals and Achievements by Program
ENERGY STAR Program
Product Labeling
Residential
Commercial Buildings
Industrial
Total
2006 Goal
(MMTCE Avoided)
14.5
0.5
11.5
3.7
30.2
2006 Achievements
(MMTCE Avoided)
15.5
0.4
15.2
6.5
37.6
             Source: Based on data presented in the ENERGY STAR and Other Climate Protection
             Partnerships 2006 Annual Report
Scope and Methodology
             We conducted this performance evaluation in accordance with generally accepted
             government auditing standards. Those standards require that we plan and perform
             the evaluation to obtain sufficient, appropriate evidence to provide a reasonable
             basis for our findings and conclusions based on our objectives.  We believe that
             the evidence obtained provides a reasonable basis for our findings and
             conclusions based upon our objectives.  We performed our field work from
             January through September 2008.

             Our review included an examination of applicable laws and regulations as well as
             Agency guidance. We reviewed those internal controls that were relevant to our
             objectives. We reviewed ENERGY STAR annual reports,  and Agency guidance

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                                                                                09-P-0061


              documents. We reviewed planning documents, including logic models. We met
              with Agency staff and contractors. We reviewed the methodologies governing the
              savings benefit calculations for the commercial and products program sectors.5
              Additionally, for the products sector, we reviewed documentation in support of
              the 2006 reported savings benefits.

              Appendix C provides further details on our scope and methodology.

Prior Review

              An EPA Office of Inspector General (OIG) report, ENERGY STAR Program Can
              Strengthen Controls Protecting the Integrity of the Label, reported that
              improvements should be made to better assure the integrity of the ENERGY
              STAR label for home and office products. Criteria for revising specifications
              were unclear, and EPA did not have reasonable assurance that the self-
              certification process was effective. EPA relied on some alternative verification
              mechanisms, but lacked any quality assurance or review of these reported results.
              EPA did not agree with all of the conclusions, but agreed to implement the OIG
              recommendations to strengthen management controls to protect the integrity of
              the ENERGY STAR label.
5 The residential and industrial program sectors were excluded from our review.  The commercial and products
sector combined encompassed 81.6 percent of the 2006 reported carbon emissions avoided.
6
 EPA OIG Report No. 2007-P-00028, issued August 1, 2007, at www.epa.gov/oig/reports/2007/20070801-2007-P-
00028.pdf.

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                                                                           09-P-0061
                                Chapter 2
  Inaccurate and  Unsupported Data Used to Calculate
       2006 ENERGY STAR Product Annual  Benefits
             The ENERGY STAR program reported savings for 2006 that were inaccurate or
             unsupported. A key component of the program's annual and lifetime savings
             calculation process for consumer products is the total ENERGY STAR shipments
             for that year. We identified several concerns with shipment data, including:  lack
             of quality review of the data submittals; reliance on estimates, forecasting, and
             third party reporting; and the potential inclusion of international shipments with
             domestic ENERGY STAR product shipments. When annual shipment data are not
             supportable or reliable, the validity of the savings calculation process is in
             question.

Process Used to Calculate Product Sector Savings

             The product sector's annual savings are computed using the Climate Change
             Action Plan (CCAP) model.  This model is used to compute the energy savings for
             each qualified EPA ENERGY STAR product. A key number in the computation
             is the annual ENERGY STAR-qualified shipment total by product category.7

             For the majority of the EPA product categories (29 of 37), the manufacturers
             annually submit shipment data in one of two ways. They either submit data
             directly via unit shipment data submittal forms or indirectly through third party
             associations. One EPA contractor has sole responsibility for the receipt of these
             data and the production of the annual summary report. This report includes the
             overall numbers of qualified ENERGY STAR units shipped by product category,
             which are used in the annual savings calculation process. Figure 2-1 depicts the
             process.  Figure 2-2 illustrates how the annual shipments per qualified ENERGY
             STAR product category are multiplied by the unit energy savings8 to derive the
             annual energy savings attributable to the program.
7 The ENERGY STAR program uses the term shipments interchangeably with sales. When a qualified ENERGY
STAR manufacturer ships its ENERGY STAR-qualified product, the shipment is considered sold for annual savings
calculation purposes. For the reporting period reviewed, EPA did not require manufacturers to submit annual
shipment data for office products or for programmable thermostats. Office products consist of: computers, copiers,
fax machines, mailing machines, multifunction devices, printers, and scanners.
8 Unit energy savings for each product type is the difference between the business-as-usual unit energy consumption
and the ENERGY STAR unit energy consumption in a given year. Unit energy savings change over time for most
product types due to specification revisions, usage pattern changes, and changes to the business-as-usual efficiency.

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                                                                          09-P-0061
 Figure 2-1:  ENERGY STAR Products Annual Savings Calculation Process
  Partners Report
  Shipment Data to EPA*
                                         Energy savings from
                                         existing program
                                         stock + (2006
                                         Product Shipments
                                         due to program x Unit
                                         Energy Consumption
                                         - 2006 Adjustments)
                                         (CCAP model results
                                         as supplied by
                                         contractor are
                                         modified by
                                         adjustment factors)
                                               T
  Final 2006 Results
  75.2 billion kWh
  58.5 trillion British
  thermal units natural
  gas and other fuels
  1.  Data incorporated
  into Annual Report
  2.  Summary Memos
  written
                                          EPA prepares
                                          adjustments to reflect
                                          understanding of
                                          third party promotion
Legend
Pink - Contractor/Partner
Actions
Blue - EPA Actions
Orange - Methodology
Formula
Yellow - Final 2006 Results
Green - Post-Analysis
Actions
*Manufacturer submits data directly to EPA contractor or via third party associations

Source:  EPA ENERGY STAR Immediate Office



Figure 2-2: ENERGY STAR Products Annual Savings Calculation
       Current Year
      ENERGY STAR
   Qualified Shipments
      Current Year
   Unit Energy Savings
                                                  Savings from
                                                Products Sold in
                                                 Previous Years
Source:  OIG based on ENERGY STAR program materials
The total annual saving calculation also includes a portion of savings computed
for products shipped in previous years but are assumed to still be in use.  EPA
continues to claim savings for shipped qualified products over the estimated
lifetime of the product. The lengths for which the lifetime annual savings benefits
are calculated vary from 4 to 20 years after initial product shipment.
Additionally, the total  annual savings calculation includes an estimate of benefits
from sales of products  that previously met ENERGY STAR specifications but no
longer qualify (further details are in Chapter 3).

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                                                                               09-P-0061
Shipment Totals Used in Savings Calculations Are Unreliable

              2006 Annual Shipment Data are Irreconcilable

              We found that the annual shipment data used for the 2006 savings calculations
              were unsupportable.  Based on our review of the documents provided, we were
              unable to reconcile the original shipment data with final reported totals for 18 of
              the 29 product categories. These reported totals are used to calculate ENERGY
              STAR program savings.  Shipment totals for 13 product categories were
              understated and 5 were overstated. The results of our analysis are in Table 2-1.

        Table 2-1:  OIG Reconciliation of Reported Product Shipment Totals for
        18 of 29 ENERGY STAR Categories
ENERGY STAR
Qualified Product
Audio/DVD
Boilers
Commercial Hot
Food Holding
Cabinets
Commercial
Refrigerators &
Freezers
Dehumidifiers
End Use Products
with Qualified
External Power
Supplies
Exit Signs
External Power
Supplies
Furnaces
Monitors
Residential Light
Fixtures
Roofing -
Commercial Gallons
Roofing -
Commercial &
Residential Sq. Ft.
Room Air Cleaners
Telephony
Transformers
(Commercial &
Industrial)
TV/VCR
Ventilating Fans
2006 Unit Shipments
Used in Benefits
Calculation9
3,572,316
382,770
17,059
83,493
1,203,216
18,446,331
1 ,425,554
128,849,173
1,172,843
13,859,666
11,361,701
21,352,516
1,916,655,032
287,354
6,761,627
173,390
17,685,967
853,406
2006 Unit Shipment
Totals Reported by
Manufacturers and
Associations10
3,881,346
405,573
17,403
106,658
776,431
19,623,346
3,450,117
128,939,237
1,170,124
34,581,203
11,363,633
15,966,045
2,227,937,102
289,815
7,006,979
166,669
13,166,140
857,232
Difference
-309,030
-22,803
-344
-23,165
+426,785
-1,177,015
-2,024,563
-90,064
+2,719
-20,721,537
-1,932
+5,386,471
-311,282,070
-2,461
-245,352
+6,721
+4,519,827
-3,826
Impact
Understated
Understated
Understated
Understated
Overstated
Understated
Understated
Understated
Overstated
Understated
Understated
Overstated
Understated
Understated
Understated
Overstated
Overstated
Understated
        Source: OIG analysis of shipment data submittals
9 Per ENERGY STAR Unit Shipment Data Report Calendar Year 2006, July 1, 2007. These figures are reported by
the contractor and used in the annual savings calculation process.
10 Total compiled by OIG based on supporting documents (manufacturer data shipment submittal forms and
third party association summary spreadsheets) provided by contractor.

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                                                                                09-P-0061
              According to EPA's contractor, the differences may have been caused by a
              number of reasons, including:

                 •   Subsequent to shipment data submittals, manufacturers may have called to
                     update or correct previously provided written submissions.
                 •   The contractor may have called the manufacturer to follow up concerning
                     the data submittal and new information received.
                 •   Some private labelers11 and original manufacturers submit the shipment
                     data for the same products, which causes double reporting of shipments.
                 •   Some manufacturers who reported shipments were not qualified
                     manufacturers for that product category.
                 •   Manufacturers made errors in reporting.

              However, the contractor could not provide evidence in support of these possible
              explanations.

              If the shipment data used in the annual savings calculation are incorrect or
              unsupportable, the Agency may be overstating or understating the savings
              benefits for the program. For example, in our reconciliation of the 2006 shipment
              data, the monitor category was understated by nearly 21 million unit shipments or
              150 percent. Monitors are one of the six ENERGY STAR products that account
              for 70 percent of the ENERGY STAR product sector carbon reductions to date.
              TV/VCR, another one of the six  large contributors to carbon reductions, was
              overstated by approximately 4.5 million unit shipments or 26 percent.

              ENERGY STAR overall program benefit are the sum of the savings calculated for
              each individual product. The importance of accurate data is discussed within a
              recently published article12 that summarizes the methodology used to compute the
              annual ENERGY STAR product program sector benefits. The article stated:

                     We implement the bottom-up model with awareness that uncertainty
                    for each product type contributes to uncertainty in total ENERGY
                     STAR impacts. This means that many small inaccuracies are
                     additive overall and any one inaccuracy for a product type with
                     large energy savings can significantly affect the overall results.

              We could not reconcile shipment data in 2006 for 62 percent of the product
              categories reviewed. The significance of this deficiency extends beyond a single
              year's benefits calculation. The  deficiency impacts the savings calculations for
              future years as well because savings are computed and claimed annually over the
11 Private labeling is defined as licensing a product to another company to sell under its own name, rather than under
the name of the manufacturer.
12
  Maria C. Sanchez, Richard E. Brown, Carrie Webber, and Gregory K. Homan. 2008. Savings estimates for the
United States Environmental Protection Agency's ENERGY STAR voluntary product labeling program. Energy
Policy, vol. 36, no. 6, pp. 2098-2108.

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                                                                              09-P-0061


             lifetime of a product. As previously discussed, the lifetime of calculated annual
             benefits can reach up to 20 years after initial product shipment.

             Lack of Quality Review of Shipment Data

             The reported shipment data submitted annually by manufacturers were not being
             adequately reviewed. According to ENERGY STAR'S guidance document,13 the
             ENERGY STAR Product Labeling branch collects national shipment data from
             ENERGY STAR partner manufacturers and reconciles inconsistencies through
             the contractor. As described by the contractor, the contractor performs a limited
             review that involves reviewing the information to see if the data appears
             reasonable.  EPA officials have not requested the supporting  documentation;14
             therefore we found no evidence that EPA conducts any quality reviews of
             shipment data submittals. If a reconciliation of shipment data had occurred, the
             discrepancies we identified in our analysis could have been noted and addressed
             in a timely manner.

             Number of Manufacturers Submitting Data May be Wrong

             We were unable to reconcile the number of manufacturers who submitted their
             annual data to the number reported. In some cases, we found fewer
             manufacturers submitting data than the contractor reported. In other cases, more
             manufacturers reported than were qualified.  Additionally, we noted some
             manufacturers reporting annual ENERGY STAR product shipments that were not
             listed as a manufacturer of ENERGY STAR-qualified products. For these, there
             was no evidence of any follow-up to address why this occurred.

Other Factors Contribute to Uncertainties

             Third Party Association Reporting Inconsistent and Unsupported

             Reporting from third party associations was inconsistent and primarily included
             only summary totals by manufacturer. For most of the associations reporting
             shipment data, there was no way to verify the numbers based on any support or
             actual shipment data documentation, but we identified some problems. For
             example, there were cases where the manufacturer reported directly to both the
             contractor and the association, which resulted in shipment number differences.
             There was no evidence that the contractor questioned the differences or conducted
             any follow-up.  The contractor acknowledged that the third party association
             reporting is inconsistent, lacks uniformity, and data has been submitted past
             agreed due dates. According to the contractor,  in instances when there is a
13OAR (Office of Air and Radiation) Climate Protection Partnerships Division's ENERGY STAR Performance
Management Plan.
14 The contractor had not been maintaining the supporting documentation for previous shipment totals, and the
contractor is not required to do so by the contract. However, the contractor recently began retaining supporting
documentation for reported overall numbers.
                                          10

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                                                                              09-P-0061
             reporting difference, it has been its general practice to use the shipment totals
             reported by the third party association rather than the manufacturer. We could not
             verify from documentation provided whether these numbers were double counted.

             Use of Estimates and Forecasting Increases Uncertainty

             Selected manufacturer shipment data submittal forms provided shipment
             estimates rather than actual shipment totals.  We found no documentation of any
             follow-up with these manufacturers as to why estimates were used, nor did the
             contractor mention this as a step taken.

             EPA did not require manufacturers to submit annual shipment data for office
             products.  For the 2006 annual reported savings, forecasting reports were used to
             estimate shipment totals for some office products. We reviewed the two primary
             forecasting reports used.  We noted that one report used for this forecasting was
             dated 2001. The other report did not clearly  indicate how domestic shipments
             were separated from international shipments. Concerns associated with using a
             dated forecasting report may be corrected due to recent office product
             specification revisions.15  Also, beginning in 2008, manufacturers were required
             to submit shipment data annually for office products.

             Annual programmable thermostat shipments were estimated by the contractor
             based on past conversations with one U.S.-based manufacturer. Currently there
             are over 50 qualified manufacturers in this category, including many companies
             outside of the United States.  Further, the ENERGY STAR Partner Commitment
             Agreement for Programmable Thermostats16 specifically requires that
             manufacturers submit the total number of qualified products shipped annually.
             We could not verify or reconcile the accuracy of support for benefits from this
             item since no actual shipment data were submitted, despite EPA's requirements.

             ENERGY STAR Totals May Include International Shipments

             According to ENERGY STAR staff, shipment totals used to calculate energy
             savings are supposed to be limited to U.S. shipments. However, ENERGY
             STAR's management plan states that as part  of the partnership agreement,
             manufacturers must supply EPA with the "total number of ENERGY STAR
             qualified products shipped in the United States / Canada on annual basis."  We
             noted discrepancies in manufacturer shipment submittal forms.  For example, on
             one submittal the manufacturer was identified as Company X, Canada, but had
             been changed to Company X, USA, within the final contractor's reports. Also, on
             selected forms, the manufacturer said it could provide total international
             shipments with only an estimate of U.S. shipments. EPA's contractor said that it
15 In 2007, new specifications were made to the following office products: computers, copiers, facsimile, mailing
machines, multifunction devices, printers, and scanners.
16
  To participate in the ENERGY STAR program and become eligible to become a partner, each manufacturer must
agree to and adhere to this commitment.
                                           11

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                                                                            09-P-0061
             was unaware of domestic and international shipments being commingled, but
             noted it has not done any detailed work in this area.  We believe that being
             unaware of whether international shipments are being included in calculations is
             not a reason to conclude they are not.

             Late Shipment Data Not Included in Benefits Calculations

             We found that approximately 33 million units reported as shipped were not
             included in the shipment totals used to calculate saving benefits for 2006. Per the
             Performance Management Plan, manufacturers are to provide shipment data by
             March 1 of the subsequent year (i.e., March 2007 for 2006 shipments). EPA's
             contractor then compiles this information and prepares a July report of ENERGY
             STAR shipments to be used in the savings benefit calculations. The contractor
             prepares an updated report in October that includes shipment data submitted after
             the deadline. However, due to late submittals, we noted 33 million units captured
             in the October 2007 report that had not been captured in the July 2007 report.
             Therefore,  savings benefits from these products were not captured in the 2006
             reporting period.

             According to the EPA Office of Air and Radiation's Director of the Climate
             Protection Partnership Division, these shipments were also not included in the
             2007 calculations because the amount was considered immaterial. According to
             EPA's contractor, the late shipment numbers were folded into the 2007
             calculations. However, the contractor was unable to provide evidence that this
             had occurred. Therefore, we concluded that the late shipments are not being
             captured by the current methodology.  The lack of a methodology to capture
             potential savings benefits for late submittals reduces the reliability of ENERGY
             STAR reporting.

DOE Product Included in EPA ENERGY STAR Reported Savings

             EPA reports a portion of savings benefits from the shipments of compact
             fluorescent lights (CFLs) even though CFLs are managed by DOE. EPA's 2006
             ENERGY STAR Annual Report claimed 75.2 billion kilowatt hours (kWh) in
             energy savings. However, 5.7 billion kWh of those savings, or 8 percent, came
             from the DOE-managed CFLs. EPA did not disclose in its Annual Report that
             savings benefits reported include benefits from DOE-managed products.

             Also, we found differences in the total benefits claimed for CFLs by EPA and
             DOE. DOE reported 6.2 billion kWh in energy savings versus EPA's 7.6 billion
             kWh for 2006.  Rather than obtain total savings benefits directly  from DOE, EPA
             calculated the CFLs energy savings benefits in the same manner as other EPA
             product savings (this process is described earlier in this  chapter). This difference
             in energy savings between DOE and EPA for the same product questions the
             reliability of the computing and reporting of energy savings.
                                         12

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                                                                             09-P-0061
             EPA ENERGY STAR staff said they claim one-third of CFL energy savings
             because of EPA's marketing efforts.  They also said they were involved in the
             specification development for CFLs.  For these reasons, they claim a portion of
             the CFLs savings benefits.  However, DOE ENERGY STAR staff were not aware
             that EPA claimed this percentage of CFL savings, and had claimed 100 percent of
             their calculated CFL savings in 2006. This resulted in double-counting of CFL
             benefits by EPA  and DOE. A DOE ENERGY STAR representative said that
             while EPA does contribute to the success of CFLs by EPA's marketing efforts,
             EPA should coordinate with DOE regarding the calculation and reporting.
Conclusion
             We found that the reported savings claims were inaccurate and the reported
             annual savings unreliable. We identified several concerns with shipment data,
             including: lack of quality review of the data submittals; reliance on estimates,
             forecasting, and third party reporting; and potential inclusion of international
             shipments with domestic ENERGY STAR product shipments. After attempting
             to reconcile the support for these numbers by product category, we found the
             overall claims to be inaccurate due to irreconcilable manufacturer shipment data
             and use of estimates. We conclude that the savings reported are not accurate or
             verifiable. The accuracy of the program's reported energy savings is important in
             the United States' efforts to reduce greenhouse gas emissions.
Recommendation
             2-1    To improve the validity of reported annual savings for the ENERGY
                    STAR program, we recommend that the Principal Deputy Assistant
                    Administrator for the Office of Air and Radiation establish and perform
                    quality controls to ensure that:

                       •   Data in benefits calculations, whether from partners or third
                           parties, are timely, complete, valid, and documented.
                       •   The contractor and third party associations receiving the
                           manufacturer data submittal forms reconcile submittals in a
                           manner that  ensures the total annual shipments reported by product
                           category are accurate and reflect actual numbers (not estimates)
                           and are for domestic shipments only.
                       •   Agency officials improve contractor oversight by obtaining actual
                           support for annual savings  in a manner that demonstrates that the
                           numbers are valid and can be reconciled.
                       •   Data in benefits calculations attributable to DOE products should
                           be clearly identified and developed in consultation with DOE to
                           avoid redundancy.
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                                                                             09-P-0061
Agency Comments and OIG Evaluation

             EPA did not agree to the portions of Recommendation 2-1 that related to
             improvements needed to ensure data used in benefits calculations are timely,
             complete, valid, and documented. The Agency requested the OIG to delete the
             related portions of the recommendation.  EPA said it addresses the quality of
             annual shipment numbers used for ENERGY STAR benefits calculations through
             a systematic review and improvement of the data submitted based on additional
             follow-up with reporting manufacturers.  However, based on our findings in this
             area, we do not agree that the Agency currently has a systematic review process in
             place.  The OIG evaluated the existing process and the findings show that the
             process used to collect and verify the data was deficient and needs improvement.
             OIG identified deficiencies with the process of collecting, reviewing, and
             reporting product data shipment information both from third parties  or actual
             manufacturers. EPA also stated that estimates were not used as part of estimating
             annual program benefits. However, at the time of our review, estimates of
             shipment totals were used for both office products and programmable thermostats
             in calculating annual benefits.

             EPA provided corrective actions to address the portions of the recommendation
             that relate to improving contractor oversight and reporting savings from DOE
             products. Specifically, EPA agreed to remove the benefits of CFL products  from
             the program's 2007 benefits estimates and will only reintroduce these benefits
             after appropriate coordination with DOE. The OIG concurs with the Agency's
             plan to address the reporting of CFLs. However, the Agency's corrective actions
             for contractor oversight do not fully meet the intent of the recommendation.  The
             OIG identified deficiencies with the process of collecting, reviewing, and
             reporting product data shipment information. The Agency's corrective action
             plan will need to address these shortcomings.

             The recommendation remains open and unresolved.  The Agency's comments  and
             our evaluation of those comments are in Appendix D.
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                                                                         09-P-0061
                               Chapter  3
      ENERGY STAR Market Transformation Benefits
                      Calculated Inconsistently
            The reporting of ENERGY STAR market transformation benefits is not
            transparent. ENERGY STAR does not disclose that it includes savings from
            products that are not ENERGY STAR qualified. Further, the process does not
            compute the effect for products with stable or rising sales after a specification
            revision.  EPA's market transformation benefits are generated when innovations
            are introduced into the marketplace and are accepted by a large portion of the
            market. However, EPA calculates the market transformation effect only when
            ENERGY STAR product shipments fall after a specification revision.

Market Transformation Caused by Innovations in Efficiency

            The ENERGY STAR programs attempt to transform the markets (i.e,. consumer
            electronics, office equipment, lighting, etc.) from less to more energy-efficient
            products. Market transformation is the process whereby these efficiencies are
            introduced into the marketplace and are increasingly accepted by a large portion
            of the market. According to EPA, the ENERGY STAR program produces such
            an effect on the market. ENERGY STAR staff asserted that the program has two
            primary mechanisms to spur market transformation for labeled products:

                •  Introduce standards for new product categories.
                •  Revise specifications for existing products to further increase their energy
                  efficiency.

            According to EPA, the program has revised specifications for over 50 ENERGY
            STAR product categories.  After a specification is revised, shipments of
            ENERGY STAR units may decrease until manufacturers institute product design
            changes to meet the new requirements. Nonetheless, products that once met
            program standards but are then no longer ENERGY STAR-qualified continue to
            be sold.17 Shipments of these products are included in reported ENERGY STAR
            benefits; this assumes that the products continue to be manufactured as energy
            efficient despite not meeting the new ENERGY STAR revised standard.
17 The methodology does not address the loss of potential energy savings that occurs because the consumer
purchased a formerly qualified product over a newly qualified higher performing alternative.
                                       15

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                                                                              09-P-0061
Market Transformation Benefits Calculated with Assumed  Data

             EPA's ENERGY STAR market transformation benefits process calculates and
             reports savings based on a combination of assumed and actual shipment numbers.
             The ENERGY STAR program does not have data to support the assumptions the
             market transformation effect uses.  Further, the assumed sales that are attributed
             to the market transformation effect represent non-qualified products.

             A peer reviewed article18 describing ENERGY STAR'S market transformation
             effect included the following limitations statement:

                    "General limitations to a bottom-up approach occur in two main
                    areas: (1) the model requires numerous detailed inputs to  generate
                    the end result and (2) uncertainty in those inputs are additive
                    through the process. These limitations mean that collecting and
                    documenting high-quality inputs is essential... targeting data
                    collection and verification activities at those areas is key to
                    successful results."

             In this market transformation effect the main input - previously qualified
             ENERGY STAR products - is based on assumptions rather than collected or
             verified data. Program requirements do not require manufacturers to report sales
             of formerly qualified ENERGY STAR products. EPA uses a model based on
             assumptions to calculate the market transformation effect in the absence of actual
             shipment data. By design, the model ensures that shipment amounts of products
             are never lower than the amount in the year prior to the specification change.

             The specification revision for DVD players illustrates EPA's method of
             accounting for the market transformation effect. New specifications for DVD
             players took effect January 1, 2003. Shipments of ENERGY STAR-qualified
             DVD players rose that year, so no adjustment for the market transformation effect
             was made. However, in 2004 and beyond, manufacturer-reported shipments of
             ENERGY STAR-qualified DVD players fell below the 2003 level. To make up
             for this drop in sales, which was attributed to  the specification revision, the model
             adjusted the  current-year shipment figure based on the market transformation
             effect. The model increased the shipment totals for 2004 by adding in an
             estimated number of non-qualified ENERGY STAR DVD players shipped.  This
             assumption is based on the theory that even though this estimated number
             represents non-qualified ENERGY STAR products, these products are more
             energy efficient than they would have been without Energy Star.  Therefore,
             ENERGY STAR's impact was to transform the market to produce more efficient
             products.  The model continued to rely on this estimated level of product
18 Maria C. Sanchez., Richard E. Brown, Carrie Webber, and Gregory K. Homan. 2008. Savings estimates for the
United States Environmental Protection Agency's ENERGY STAR voluntary product labeling program. Energy
Policy, vol. 36, no. 6.
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                                                                            09-P-0061
             shipments for 2005 and 2006 despite further decline in the number of units
             shipped.  This is shown in Figure 3-1.

             Figure 3-1: DVD Players Market Transformation Effect
             Q
             Q
10000
 9000 -
 8000-
 7000 -
 6000-
 5000 -
 4000 -
 3000-
 2000 -
 1000-
    0
                    2001
              2002
2003
2004
2005
2006
                            • Market transformation assumed shipments
                            D Actual Energy Star shipments
             Source:  OIG analysis of CCAP

 Market Transformation Obscures Program Accomplishments

             Based on our review of ENERGY STAR products that had specification
             revisions, the market transformation effect was calculated for nine product
             categories in 2006:
                •  DVD players
                •  Monitors
                •  Telephony
                    Home audio equipment
                    TVs
                    TVs/VCRs
                      VCR & VCR/DVDs
                      Air source heat pumps
                      Central air conditioners
             The savings derived from the market transformation effect may have a significant
             impact on ENERGY STAR reported savings, because energy savings will
             continue to accumulate for the lifetime of a product. To illustrate the impact of
             the market transformation effect, we recomputed ENERGY STAR benefits by
             eliminating assumed shipment data and comparing these to the original benefit
             calculation.  Based on our recalculation, ENERGY STAR energy savings reported
             in 2006 were overstated, as shown in Table 3.1.19
  This calculation represents one year; it does not include the potential overstatement from prior or future year
benefits calculated for the same products.
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                                                                            09-P-0061
              Table 3-1:  Market Transformation Effect

Energy Saved
(Billion kWh)
Carbon Avoided
(MMTCE)
ENERGY STAR
Summary20
70.5
14.3
OIG
Re-calculation
66.3
13.5
Overstatement
4.2
0.8
              Source: OIG analysis of EPA data

             Shipment amounts were not based on actual or reported shipment data. EPA
             counted benefits from non-qualified ENERGY STAR products into its annual
             ENERGY STAR benefits amounts for 2006. Also, EPA did not compute a
             market transformation effect for products with stable or rising sales after a
             specification revision. The model is therefore inconsistently applied, since there
             should be a benefit derived from products with increasing as well as decreasing
             shipments.
Conclusion
             ENERGY STAR does not disclose that it includes savings from products that are
             not ENERGY STAR-qualified. The computation of the market transformation
             effect does not use shipment or sales data, and only applies to products with both
             specification revisions and decreasing sales. Further, reported ENERGY STAR
             energy savings for 2006 omit mention of the market transformation effect, though
             it is included in individual product energy savings calculations.  ENERGY STAR
             needs to improve controls over estimating and reporting benefits from the market
             transformation effect. Partnership agreements should include requirements for
             reporting shipment data of formerly qualified products, and the "effect" should be
             applied consistently. Also, market transformation benefits should be separately
             disclosed in ENERGY STAR'S annual reporting.
Recommendation

             3-1    We recommend that the Principal Deputy Assistant Administrator for the
                    Office of Air and Radiation develop and consistently apply a data-driven
                    methodology to compute the market transformation effect of all product
                    categories and report the benefits separately from ENERGY STAR-
                    qualified products.

Agency Comments and OIG Evaluation

             EPA said that the OIG did not provide a basis for recommending a change in the
             market transformation methodology and suggested removing the
             recommendation. The methodology is based on assumed shipment amounts and
 1 The 70.5 billion kWh of energy saved comes from EPA-managed ENERGY STAR products.
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                                                               09-P-0061
reports savings from non-qualified products as ENERGY STAR qualified product
savings without proper disclosure. Therefore, the OIG does not agree with EPA's
suggestion to remove the recommendation.  The recommendation is open and
unresolved. The Agency's comments and our evaluation of those comments are
in Appendix D.
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                                                                       09-P-0061
                              Chapter  4
   ENERGY STAR Commercial  Benefits Model Utilizes
                      Unverified Assumptions
            The methodology used to compute the ENERGY STAR commercial sector
            savings was based on unverified assumptions. EPA calculates program savings as
            the difference between all commercial sector gains in energy efficiency and
            claims by utility and State programs for that year. However, we do not believe
            the formula is sufficiently tailored to the specific needs of the ENERGY STAR
            program. The formula needs to be verified to ensure that the end results -
            benefits attributable to ENERGY STAR'S commercial activities - are valid and
            accurately represent ENERGY STAR'S contributions to energy savings.

Formula Used to Calculate Commercial Sector Savings

            EPA's ENERGY STAR program uses a formula created, operated, and
            maintained by its contractor to compute the annual commercial sector savings. In
            this formula, the contractor (a) calculates all commercial sector gains in energy
            efficiency, (b) subtracts amounts from utility and State programs, and
            (c) concludes that the remaining energy savings are attributed to the ENERGY
            STAR program. ENERGY STAR staff said they review the formula with the
            contractor but they do not document the review results. The formula uses data
            from other agencies, along with related energy studies; it does not use any data
            from the ENERGY STAR program.

Methodology Not Tailored for ENERGY STAR

            The methodology used for ENERGY STAR is not tailored specifically to
            calculate impacts attributable to that program and contains unverified
            assumptions.  The methodology, which calculates the commercial benefits
            amount, is described in a 2007 paper by EPA's contractor.21 This paper states:
            "In this study, energy efficiency programs refer collectively to all such
            governmental efforts, irrespective of organizational origin or mode." This
            methodology looks at all energy efficiency programs in total;  it is not tailored to
            pull out the impacts of the ENERGY STAR program.  There is only one mention
            of ENERGY STAR in the paper, because it is used to define the start of the
            treatment period.
21 Horowitz, Marvin J. (2007). "Changes in Electricity Demand in the United States from the 1970s to 2003." The
Energy Journal, Vol. 28, No. 3, pp. 93-119.
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                                                               09-P-0061
The paper's goal was to answer the following three questions:

   •   How has electricity demand changed in the United States over the past
       three decades?
   •   If electricity demand changed, do these changes differ between States
       depending on their degree of commitment to encouraging energy
       efficiency?
   •   Does program commitment have observable, long-term impacts on the
       behaviors that affect electricity demand?

These questions are not related directly to ENERGY STAR'S impact on
electricity demand.  Rather, they seek to determine energy efficiency programs'
effects on energy demand.

The methodology was peer reviewed, but its application as the basis for
measuring ENERGY STAR'S impact on the commercial sector was not part of the
published methodology. EPA needs to  verify that the benefits attributed to
ENERGY STAR are supported.  Specifically, EPA should verify that the
methodology: (a) avoids double counting savings from the product sector,
(b) accounts for impacts of other federal energy efficiency programs, and
(c) accounts for impacts of non-federal  energy efficiency programs.

Method to Avoid Double Counting Products Savings Unclear

The formula used to compute ENERGY STAR commercial sector energy savings
does not use any data, results, or statistics from the EPA's ENERGY STAR
program. Rather, the formula uses databases maintained by other government
agencies, such as the Federal Reserve Board, National Climate Data Center, and
Energy Information Administration.  EPA ENERGY STAR staff said that the
formula uses the best information available. To account for benefits from the
ENERGY STAR products sector, the formula uses a Federal Reserve Bank's
market group index for information processing and related equipment.

Approximately half of all ENERGY STAR product savings in 2006 were for
commercial products, totaling 37.1 billion kWh.  When the Agency reports total
annual savings it includes savings from products, residential, industrial and
commercial. If the commercial savings do not account for the savings from
commercial products reported by the  Agency, there may be the potential for
overstatement of savings. The contractor and EPA officials asserted there was no
double counting, but they could provide no evidence to support that position.

Method for Accounting for Impacts of DOE Program Unclear

The ENERGY STAR program's methods for accounting for the impacts of a
DOE program are unclear. The Energy Policy Act of 1992 set standards for
certain commercial equipment and set schedules requiring DOE to make, review,
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                                                                              09-P-0061
             and update standards.  The DOE's Building Technologies Program works to
             improve the efficiency of buildings and the equipment, components, and systems
             within them. These DOE programs should contribute to some of the energy
             savings within the commercial sector. However, EPA's formula does not
             evaluate or compensate for the energy efficiency contributions from DOE
             programs. Rather, the formula only deducts savings from utility, State, and local
             programs. ENERGY STAR staff said that the formula accounts for the DOE
             programs through the use of the Federal Reserve Board's market index group.
             The accuracy of using this index compared to actual reported data from both EPA
             and DOE should be validated to determine if the formula is reporting ENERGY
             STAR commercial benefits accurately.

             Method for Accounting for Impacts of Non-federal Energy Efficiency
             Programs Unclear

             The method for accounting for the impacts of non-federal energy efficiency
             programs is unclear. The formula subtracts energy savings that are attributable to
             utility companies, States, and local programs - such as demand-side management
             (DSM) and public benefits charges (PBC) from total commercial savings - to
             arrive at net ENERGY STAR savings for the commercial sector. The contractor
             calculates savings from these other programs22 by using information on DSM and
             PBC programs from the study A Nationwide Assessment of Utility Sector
             Efficiency Spending, Savings, and Integration with Utility System Resource
             Acquisition. The contractor performs the following alterations to the numbers
             taken from this study:

                    1. Project or estimate DSM and PBC savings from 2004 to 2006.  (The
                    study's results  were from 2004; the contractor updated this data to 2006 by
                    using a growth rate that it determines.)

                    2. Allocate the share of energy savings that occur in the commercial
                    sector. (The study's reported amounts were a combination of residential,
                    commercial, and industrial savings.)

                    3. Apply a net-realization rate that lowers the computed DSM and PBC
                    savings because, as explained by the contractor, the full amount of energy
                    saved reported by electric utilities for their DSM programs cannot be
                    taken at face value.

             Based on the first two  steps, the computed savings from the DSM and PBC
             programs were 38,502 gigawatt hours, but EPA's contractor took 42.5  percent23
             of this amount, lowering the savings figure to 16,363 gigawatt hours.  This was
  Other programs consist of State, utility and local energy efficiency programs.
  This percentage is supported by a memorandum prepared by the contractor that spells out how the program
allocation factor for the formula was calculated.  Specifically, the 42.5 percent is referred to as a net-to-gross factor,
or a net realization rate.
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                                                                            09-P-0061
             then attributed to the other energy efficiency programs. The application of the
             net-realization rate significantly impacts the ENERGY STAR-derived energy
             benefit.  The lower the rate the greater the portion of savings is attributable to
             ENERGY STAR. ENERGY STAR staff said that all formula inputs are from the
             best available and/or peer reviewed data.

Formula Methodologies and Assumptions Need to Be Verified

             The spreadsheet used to calculate the energy savings for the commercial sector
             was not verified to ensure that its results are an accurate computation of energy
             savings attributable specifically to the ENERGY STAR commercial sector.
             ENERGY STAR plans to expand the use of this formula to compute energy
             savings for the industrial sector, so it is additionally important to verify and
             validate the formula's results.

             The EPA Quality Manual for Environmental Programs CIO 2105-P-01-0
             (formerly 5360 Al) defines a peer review as:

                   A documented critical review of work by qualified individuals (or
                   organizations) who are independent of those who performed the
                   work, but are collectively equivalent in technical expertise.  A peer
                   review is conducted to ensure that activities are technically
                   adequate, competently performed, properly documented, and satisfy
                   established technical and quality requirements.  The peer review is
                   an in-depth assessment of the assumptions, calculations,
                   extrapolations, alternate interpretations, methodology, acceptance
                   criteria, and conclusions pertaining to specific work and of the
                   documentation that supports them.

             A peer review could accomplish two objectives.  First, it could validate that the
             formula reasonably computes all energy savings.  Second, it could provide
             assurance that savings are attributable to EPA's ENERGY STAR commercial
             sector's activities.  The validation should be conducted in accordance with EPA
             Quality Manual for Environmental Programs CIO 2105-P-01-0.
Conclusion
             The methodology used to compute the ENERGY STAR commercial savings is
             based on unverified assumptions that impact the accuracy of the reported energy
             savings. The methodology is based on a study of the impact of all energy
             efficiency programs on electric demand, not only ENERGY STAR; it assumes
             that all net savings are attributable to the ENERGY STAR commercial program.
             EPA needs an independent assessment or validation of how ENERGY STAR
             savings are computed to  establish a reasonable assurance that the energy saved is
             accurate.
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                                                                           09-P-0061
Recommendation

             4-1    We recommend that the Principal Deputy Assistant Administrator for the
                   Office of Air and Radiation validate the formula (methodology) used for
                   calculating the benefits of the ENERGY STAR commercial program in
                   accordance with EPA Quality Manual for Environmental Programs CIO
                   2105-P-01-0, to ensure that it accurately reflects the impacts of EPA
                   actions.

Agency Comments and OIG Evaluation

             EPA maintains that the estimates generated by the methodology are rigorous, that
             where marginal uncertainties are present they have been handled conservatively,
             and that the results are sound. EPA said that it will secure additional outside
             expert review of the entire methodology being used to estimate the benefits of the
             ENERGY STAR program in the commercial sector. The EPA action meets the
             intent of the recommendation; however the recommendation remains open until
             the completion of the expert review.  The review should assure that assumptions,
             data sources, and methods used to estimate the ENERGY STAR commercial
             benefits savings are reasonable and supported. The Agency's comments and our
             evaluation  of those comments are in Appendix D.
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                                                                                                         09-P-0061
                      Status of Recommendations  and
                           Potential Monetary Benefits
                                   RECOMMENDATIONS

Rec.
No.
2-1

Page
No.
13


Subject
To improve the validity of reported annual savings


Status1
0


Action Official
Principal Deputy
Planned
Completion
Date

                                                                                    POTENTIAL MONETARY
                                                                                     BENEFITS (in SOOOs)
                                                                                                Claimed     Agreed To
                                                                                                Amount      Amount
3-1
4-1
       18
       24
for the ENERGY STAR program, establish and
perform quality controls to ensure that:
  •  Data in benefits calculations, whether from
     partners or third parties, are timely, complete,
     valid, and documented.
  •  The contractor and third party associations
     receiving the manufacturer data submittal
     forms reconcile submittals in a manner that
     ensures the total annual shipments reported
     by product category are accurate and reflect
     actual numbers (not estimates) and are for
     domestic shipments only.
  •  Agency officials improve contractor oversight
     by obtaining actual support for annual
     savings in a manner that demonstrates that
     the numbers are valid and can be reconciled.
  •  Data in benefits calculations attributable to
     DOE products should be clearly identified
     and developed in consultation with DOE to
     avoid redundancy.

Develop and consistently apply a data-driven
methodology to compute the market transformation
effect of all product categories and report the
benefits separately from ENERGY STAR-qualified
products.

Validate the formula (methodology)  used for
calculating the  benefits of the ENERGY STAR
commercial program in accordance with EPA
Quality Manual for Environmental Programs CIO
2105-P-01-0, to ensure that it accurately reflects
the impacts of EPA actions.
                                                            Assistant Administrator,
                                                           Office of Air and Radiation
                                                               Principal Deputy
                                                            Assistant Administrator,
                                                           Office of Air and Radiation
    Principal Deputy
 Assistant Administrator,
Office of Air and Radiation
0 = recommendation is open with agreed-to corrective actions pending
C = recommendation is closed with all agreed-to actions completed
U = recommendation is undecided with resolution efforts in progress
                                                        25

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                                                                                                                                                         09-P-0061
Resources
                                    Logic  Model  for  ENERGY STAR  Products
                       Activities
                                  Outputs
                                  Reassessment
                                Assessment/
                                 Outcomes
                             Intermediate

                           Outcomes
                                    Appendix A


                             Long Term
  -Dollars
  -Staff
                   Program Administration
                   -- Up to date product lists
                   — Up to date partner
                     information
                   -- Data collection on
                     product shipments
                   Build Supply of Efficient products
                   — Add new products (using
                    established guidelines)
Revise Product Specs
— as appropriate (using
  established guidelines)
                   Build Demand — Outreach
                   -- robust web-based info
                   — consumer hotline
                   -- direct consumer efforts
                   -- key product strategies
                   — partner by partner
                    assistance
                   — coordinated national
                    campaigns
                   — train distribution channels
                   -- product procurement
                   Ensure Quality
                   — require proper use of
                    logo in ads
                   -- spot test products
                   — improve retail experience
                   Evaluation
                   -- consumer awareness,
                     understanding, etc
                   -- progress assessments
Products
-- # product categories
— # product models
— # product sales (annual)
— market penetration

Partners
— # manufacturers
-- # retailers
— # program sponsors
-- # states and others

Partner activity
-- activity/investment by
  retailers, program sponsors,
  manufacturers

Outreach
-- # web visitors
— key visitor interests
-- # media impressions
— # media impressions by
  key strategy and product

Compliance/Quality
-# advertising clips
— # companies advertising
-- # violations
— # companies with
  violations
— Indication of manufacturer
  QA/QC issues
-- lighting fixture violations
— Indication of retailer issues

Brand Information
-- level of consumer
  awareness, understanding,

etc
Benefits Projections
-- estimates by product of
  future sales/benefits
  based on continued efforts
Annual review of key outputs
against program near, mid,
and long term goals for
program and key product
areas and revision of
strategies, as appropriate
Energy Savings
-inkWh
— by product area
— program level

Reductions in GHG

— in mmtce
-- by product area
— program level

Investment in technology
-- in $$
-- program level

Net Savings on Energy bills
- in $$
— program level

Program Cost-effectiveness

Behavioral Change

Improved Energy Efficiency
Policies for Product
Efficiency
Cleaner Air

Reduced Risk of
Climate Change

Improved Public Health

Cost Savings

Institutionalized
Behavior Change
    Source: ENERGY STAR program
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                                                                                                                                            Appendix B
            Logic Model  for  ENERGY STAR  Commercial & Industrial  Programs
Resources
Activities
              Program Administration
              - Up to date partner
                information
              — Maintain portfolio manager
                and other key tools


              Build Demand -- Outreach
              -- robust web-based info
              — customer hotline
              -- national campaign on
                building improvements
              -- encourage state/local lead
                by example
              — web-based and other
                trainings for end-users
"Dollars       ~~ rec°9niti°n f°r excellence
                - broad corporate leadership
"Staff           — achieving key milestones
                -- exemplary buildings
              Build Supply of Services
              -- partner with service
                providers
              - train service providers on
                benchmarking and other
                ENERGY STAR resources
              -- partner with utilities; train;
                and help develop programs
                offering benchmarking.
              Ensure Quality
              — require proper use of
                logo in ads
              — audit labeled buildings
      Outputs

   Reassessment

Partners Committed to
Improvements
— # private sector organ
-- # public sector
— # key sub sectors
- # states

Partner activity
— activity/investment by
  end-user partners, program
  sponsors, third-party
  providers, etc
-- number of ENERGY STAR
  leaders

Standard Measurement System
— # building types
- % of market covered
— number of benchmarked
  buildings, % of key subsectors
  benchmarked, square footage
  benchmarked
-- number of buildings labeled,
  % of key subsectors labeled,
  square footage labeled

Building Service Market
- # SSP partners
— # third party providers of
 benchmarking services
--Strainings
— number of benchmarks
  provided

Outreach
- # web visitors
— key visitor interests
-- # media impressions
-- number campaign participants

Compliance/Quality
-# advertising clips
— # companies advertising
-- # violations
— # companies with
  violations
Assessment/
 Outcomes
                                                           Annual review of
                                                           key outputs
                                                           against program
                                                           near, mid, and
                                                           long term goals
                                                           for program and
                                                           sales of key
                                                           products and
                                                           revision of
                                                           strategies,  as
                                                           appropriate
Intermediate
Outcomes
                         Energy Savings
                         - in kWh
                         - program level

                         Reductions in GHG
                         emissions
                         - in mmtce
                         - by program level

                         Investment in technology
                         - in $$
                         - program level

                         Net Savings on Energy
                         bills
                         - in $$
                         - program level

                         Program Cost-
                         effectiveness

                         Behavioral Change

                         Improved Energy
                         Efficiency Policies for
                         Building Efficiency
                                                                                                                                      Long Term
                                                                                                                                       Outcomes
                          Cleaner Air

                          Reduced  Risk of
                          Climate Change

                          Improved Public
                          Health

                          Cost Savings

                          Institutionalized
                          Behavior  Change
     Source: ENERGY STAR program
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                                                                             09-P-0061


                                                                         Appendix C

                   Details  on Scope and Methodology

To determine whether the savings reported for products and commercial ENERGY STAR
program sectors were valid and fully supportable, we analyzed supporting documentation for
2006 reported annual savings. We reviewed the ENERGY STAR and Other Climate Protection
Partnerships 2006 Annual Report (September 2007) and the U.S.  Climate Action Report - 2006
for savings and benefits claims made by the program.  We also reviewed relevant reports and
spreadsheets by Lawrence Berkeley National Laboratory and various contractors.

We conducted a review of the savings benefits for the products and commercial sectors, which
combined encompassed 81.6 percent of the 200624 reported carbon emissions avoided; we did
not conduct a detailed review of the residential and industrial sectors.  To analyze the methods
used to calculate the annual savings by sector, we met with EPA ENERGY STAR officials and
the primary contractors involved. For the product sector, we obtained available support data and
documented the roles of both EPA and the contractor in the computation and methodology
process. Specifically, we requested the supporting documentation for the 2006 shipment totals
used in the savings benefit calculation for 2006 (as described in Chapter 2). We were provided
manufacturer shipment data submittal forms and shipment reports from third party associations.
We performed a detailed analysis and reconciliation of the manufacturer shipment data
submittals for all 2006 reported amounts by qualified ENERGY STAR product category. We
documented the forecasting methods for the other EPA product categories for which submission
of direct data shipment data was not required for 2006 reporting.  We judgmentally selected a
sample of four qualified products based on a number of factors including: ENERGY STAR
shipment totals for 2006 and specification revision history. We traced and reconciled these four
qualified products through the Lawrence Berkeley National Laboratory CCAP model. These
products were computers, DVDs, external power supplies, and monitors.

For the commercial sector, we reviewed the methodologies used to calculate ENERGY STAR
reported benefits. We met with the contractor to obtain an understanding on how commercial
benefits are calculated. We also analyzed the contractor's spreadsheet, containing the inputs and
assumptions used in calculating the 2006 commercial ENERGY STAR reported benefits.

To determine what management controls EPA had in place to ensure the validity and accuracy of
reported annual savings, we analyzed available data and met with EPA and contracting officials.
We reviewed the OAR (Office of Air and Radiation) Climate Protection  Partnerships Division's
ENERGY STAR Performance Management Plan. Our review included a detailed follow-up with
the ENERGY STAR Director on plan specifics.  We met with the contractor involved in
implementing the plan to determine the role quality assurance/quality control plays in its work in
the computation process.  We also analyzed some of the controls/procedures within the plan to
verify whether they were applicable and had been adequately performed as described within
Chapter 2. All internal control weaknesses noted during our evaluation are discussed in
Chapters 2, 3, and 4 of this report.
 ' At the time of our evaluation, 2006 was the most current data available.
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To determine the basis for goal setting, we meet with ENERGY STAR staff and reviewed the
program's logic models. We also reviewed recent U.S. Climate Action Reports, Guidelines for
Designing EPA Partnership Programs, Government Performance Results Act of 1993, and the
Energy Policy Act of 2005.
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                                                                           09-P-0061


                                                                       Appendix D


            Agency Comments and OIG Evaluation

MEMORANDUM

SUBJECT:   Response to Draft Evaluation Report: Improvements Needed to Validate Reported
             ENERGY STAR Benefits: Project No. 2007-0081

FROM:      Robert J. Meyers
             Principal Deputy Assistant Administrator

TO:         Jeffrey Harris
             Director for Special Studies
             Office of the Inspector General
       We appreciate the opportunity to review the OIG's draft report on the benefits of the
ENERGY STAR program and their recommendations for improving the benefit estimation
methods OAR employs.  OAR has or will address two of the three recommendations and asks
that the third recommendation be removed.

       OAR maintains a strong commitment to using and continually improving the methods it
employs to provide robust estimates of the benefits of the ENERGY STAR programs. In this
context, OAR will proceed to address the OIG recommendations, where they have not already
been addressed.
OIG Response: OIG understands the ENERGY STAR program reports estimates.  The
statement that, "More than 37 million metric tons of greenhouse gas emissions were avoided,
equivalent to the greenhouse gas emissions from 25 million vehicles," does not disclose that
reported program benefits are robust estimates. The other reportable program benefits are
reported in a similar matter.
       OAR is very concerned about the tone and exaggeration of issues in the OIG report as
well as the general implication that OAR's estimates of ENERGY STAR program benefits are
not valid. OAR stands by the validity of the reported estimates of the ENERGY STAR program
benefits.
    •   OAR methods and procedures conform to Agency policy and guidance.
    •   OAR employs peer-reviewed methods and appropriate QA/QC procedures.
    •   OAR approaches are consistent with well-documented best practices for developing
       estimates of the benefits of energy efficiency programs.
    •   OIG did not identify any issues that have a significant impact on the reported results for
       the ENERGY STAR program.
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                                                                              09-P-0061
  OIG Response: OIG reported that the data used to calculate benefits was inaccurate
  and unsupported; therefore we could not attest to the overall validity of the actual
  reported numbers.  For the product and commercial program sectors we documented
  how benefits were  calculated, evaluated the supporting data, and outcome of EPA's
  calculations with the claimed impacts.  In our opinion there were numerous
  deficiencies in the processes and data supporting the benefit calculations.
It is important to understand that program benefit estimates are estimates.  Such estimates are
routinely based on available data and reasonable assumptions.  OAR employs conservative
estimates for assumptions where there is a lack of available data and some uncertainty.

       Further, OAR does not believe that the OIG identified any issues that have a significant
impact on the reported results for the ENERGY STAR program.  The OIG review of the
ENERGY STAR benefits calculations was narrowly focused on several issues and processes. In
addition, there are important inaccuracies in the OIG report and misunderstandings of the
methods that OAR employs (see supporting information).
  OIG Response: It is the OIG's opinion that the Agency approach for estimating program
  benefits is not conservative. For example, we do not believe that the Agency's use of the
  market transformation effect is a conservative approach.  The OIG takes no position on the
  validity of the market transformation effect, but we disagree with the methodology used by the
  Agency to compute this effect. An additional issue we noted was the lack of disclosure in the
  annual report. Benefits derived from the market transformation are not identified in the annual
  report and are included along with benefits from ENERGY STAR qualified products.

  Furthermore, the OIG's objective was to determine the validity of the ENERGY STAR benefit
  calculations.  We conducted a comprehensive review of the methodology, data, and analysis
  used by EPA to calculate over 80 percent of the ENERGY STAR reported carbon emissions
  avoided in 2006. We found deficiencies in the design, data, and execution of the benefit
  calculations.  We did not attempt to quantify the net numerical impact of these deficiencies.
  OIG believes that the net impact of reported deficiencies may be significant. For example,
  when calculating individual consumer product benefits if the initial data shipment numbers are
  unsupported or inaccurate, not only is the benefit calculation for that current year invalid but the
  subsequent calculation of benefits are impacted over the lifetime of that product category. As
  noted in the Agency's peer reviewed article:

        We implement  the bottom-up model with awareness that uncertainty for each product
        type contributes to  uncertainty in total ENERGY STAR impacts. This means that many
        small inaccuracies  are additive overall and any one inaccuracy for a product type with
        large energy savings can significantly affect the overall results.

  We do not agree that the OIG report contains inaccuracies. The Agency's response did not
  provide evidence in support of this statement.
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The result of the OIG review is that
   •   The OIG identified several ways for OAR to improve its documentation of data and
       QA/QC procedures, steps that OAR has already or will undertake this coming year.
   •   The OIG questions an approach that OAR uses to represent the market transformation
       benefits of the ENERGY STAR product labeling program; however, because this
       approach is a well accepted practice, has been peer-reviewed, addresses the uncertainty in
       a conservative manner, and represents about 2 percent of overall program benefits, OAR
       does not believe a change is necessary.
   •   The OIG identified two addition errors that would serve to increase the ENERGY STAR
       program benefits for 2006 by about 1 percent. These errors have been corrected.
  OIG Response: OIG does not agree with the above assessment of the results of the OIG's review.
  The supporting information OAR provided in this response will be addressed by each subject as
  deemed necessary.
In addition, the OIG made three recommendations to improve the methods and processes OAR
uses for estimating the annual benefits for the ENERGY STAR program. These
recommendations and OAR's responses are provided below.

Recommendation 2-1 To improve the validity of reported annual savings for the ENERGY
STAR program, we recommend that the Principal Deputy Assistant Administrator for the Office
of Air and Radiation establish and perform quality controls to ensure that:

•   Data in benefits calculations, whether from partners or third parties, are timely, complete,
    valid and documented.
•   The contractor and third party associations receiving the manufacturer data submittal forms
    reconcile submittals in a manner that ensures the total annual shipments reported by product
    category are accurate and reflect actual numbers (not estimates) and are for domestic
    shipments only.
•   Agency officials improve contractor oversight by obtaining actual support for annual
    savings in a manner that demonstrates that the numbers are valid and can be reconciled.
•   Data in benefits calculations attributable to DOE products should be clearly identified and
    developed in consultation with DOE to avoid redundancy.

    OAR Response: OAR addresses the quality of annual shipment numbers used for
    ENERGY STAR benefits calculations through a systematic review and improvement of the
    data submitted based on additional follow up with reporting manufacturers.  There are clear
    deadlines for the reporting of data and ramifications for partners not reporting data by these
    deadlines.  Estimates and international shipments, while collected in a few limited cases,
    are not used as part of estimating annual program benefits. Documentation of these
    requirements, data submittal timelines and penalties for not meeting them is available at
    www.energystar.gov/usd.
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 OIG Response: OIG evaluated the existing process. The findings show that the process used to
 collect and verify the data was deficient and needs improvement.  Corrective action may include
 improved implementation and oversight of the existing process as well as new procedures. For
 example, we found large discrepancies in the shipment data used in the benefits calculation for
 exit signs and monitors. The table provided by the Agency not only acknowledges errors
 occurred, but validates the lack of a quality control system. The large "spreadsheet errors,"
 uncorrected until disclosed by OIG, demonstrate deficiencies in the existing Quality
 Assurance/Quality Control process. Additionally, at the time of our review, estimates of
 shipment totals were used for both office products and for programmable thermostats in
 calculating annual benefits.
     Status: Suggest removing the first two bullets. The remaining two recommendations have
     been addressed: 1) The EPA contractor has been directed to fully document the data
     collection and review process for product shipment data for 2007 and subsequent years.
     This has been completed for 2007 2) For the future, EPA has removed the benefits
     estimates attributable to EPA efforts with compact fluorescent lighting (CFL) products as of
     the 2007 program benefits estimates and will only reintroduce these benefits after
     appropriate coordination with DOE.
 OIG Response: OIG does not agree with the removing of the first two bullets. Further, the
 Agency's corrective action plan will need to address the shortcomings related to improving
 contractor oversight. The Agency should identify improvements in management controls over
 the existing process.  OIG  identified deficiencies with the process of collecting, reviewing, and
 reporting product data shipment information both from third parties or actual manufacturers.
 The status of the recommendations reported by the Agency does not meet the intent of the
 recommendation. This recommendation is open and unresolved.
Recommendation 3-1 We recommend that the Principal Deputy Assistant Administrator for the
Office of Air and Radiation develop and consistently apply a data-driven methodology to
compute the market transformation effect of all product categories and report the benefits
separately from ENERGY STAR-qualified products.

     OAR Response: Calculating market transformation benefits is a widely accepted concept
     within the energy community and is a meaningful indicator of the ongoing effect of
     ENERGY STAR in the market. The current methodology for calculating market
     transformation benefits has been peer reviewed (see below) and is applied consistently
     across the product categories, where applicable.  Further, the market transformation effect
     accounts for a small fraction of overall ENERGY STAR program savings (e.g. less than 2
     percent), meaning that uncertainty in the data and assumptions behind the calculations
     (uncertainty that has already been addressed through conservative assumptions) have a
     relatively low impact on overall modeled results.

     Method has been peer reviewed in the journal Energy Policy:
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                                                                              09-P-0061
             Sanchez, Maria C., Richard E. Brown, Carrie Webber, and Gregory K. Homan.
             2008. Savings estimates for the United States Environmental Protection Agency's
             ENERGY STAR voluntary product labeling program. Energy Policy, vol. 36, no.
             6, pp. 2098-2108
   OIG Response:  OIG did not question the concept, only the Agency's methodology and data
   sources used to compute benefits for ENERGY STAR. The methodology and data used to
   calculate ENERGY STAR market transformation benefits has not been validated.
   Additionally, the peer reviewed article includes a limitations section which provides the
   following:

          These limitations mean that collecting and documenting high-quality inputs is
          essential, which can be a labor-intensive and expensive process. As a result,
          identifying areas of critical uncertainty and sensitivity and then targeting
          data collection and verification activities at those areas is key to successful
          results.  [Emphasis added]

   The OIG evaluated reported benefits incurred in 2006.  For 2006, the market transformation
   effect was 6 percent of the reported benefits for the product category.  The significance of
   savings from the market transformation calculation can vary depending on the number of new
   specifications in a year, as well as the reported shipment totals. We do not consider using
   unsupported shipment totals to compute benefit savings in the market transformation
   calculation a conservative assumption. Furthermore, the OIG analysis does not take into
   account the reported savings that can be realized in future years since  these units will be
   counted for their expected product life.
       Status: Since, the OIG has not provided a basis for recommending a change in
       methodology, particularly in light of the complexity and cost associated with doing so,
       OAR suggests removing this recommendation.
   OIG Response:  It is the OIG's opinioin that the computation of the market transformation
   effect requires identifying areas of critical uncertainty and sensitivity and then targeting data
   collection and verification activities at those areas for successful results. That has not been
   done. While the benefits calculated from market transformation make up 6% of the product
   savings, given the downturn in the economy and changes to major consumer products (like
   DVDs) the impact of a market transformation calculation is likely to grow larger. This
   recommendation is open and unresolved.
Recommendation 4-1: We recommend that the Principal Deputy Assistant Administrator for
the Office of Air and Radiation validate the formula (methodology) used for calculating the
benefits of the ENERGY STAR commercial program in accordance with EPA Quality Manual
for Environmental Programs CIO-2105-P-01-0, to ensure that it accurately reflects the impacts of
EPA actions.
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                                                                              09-P-0061
       OAR Response: OAR's approach to estimating the benefits of the ENERGY STAR
       program in the commercial sector has evolved as the program has expanded and adopted
       up-to-date econometric analysis and information. Each refinement has been reviewed by
       outside experts.  OAR believes that the estimates generated by the methodology are
       rigorous, that where marginal uncertainties are present they have been handled
       conservatively, and that the results are sound. OAR's program benefits estimates are
       performed in accordance with the EPA Quality Manual as the Office of Atmospheric
       Programs has established a Quality Management Plan and these benefits estimates have
       been developed in accordance with that plan.
 OIG Response: The peer reviewed methodology does not directly support Office of Air and
 Radiation's claimed benefits for the ENERGY STAR commercial sector. EPA uses parts of that
 methodology to derive the estimated benefits for commercial sector. The actual computation
 methodology used needs to be validated.
       Further, OAR recommends that the title for Chapter 4 be modified to be "Further
       Validate Commercial Sector Methods
 OIG Response: The OIG believes the current title accurately reflects the content of the chapter.
       Status:  OAR will secure additional outside expert review of the entire methodology
       being used to estimate the benefits of the ENERGY STAR program in the commercial
       sector.  We can provide the OIG for a schedule for this review within two months.
 OIG Response: The Office of Air and Radiation action meets the intent of the recommendation.
 The expert review should assure that assumptions, data sources, and methods used to estimate the
 ENERGY STAR commercial benefits savings are reasonable and supported.
Supporting Information

OAR has identified a number of errors in the OIG report and several important
misunderstandings in the OIG report as detailed below.

2006 Annual Shipment Data

OAR has reviewed the table the OIG presented in its draft report showing that it could not
reproduce the 2006 product shipment totals in a July 2007 ICF report for 18 of the 29 product
categories that it examined. OAR looked at eleven of the eighteen product categories that the
OIG examined, the ones which would potentially have the most significant impact on the 2006
stated program results due to the size  of the differences in the OIG table. OAR has the following
observations based on its review (see  attached summary table):
•  OAR has confirmed the validity of the shipment numbers used in the 2006 benefits
   calculation for nine of the eleven product categories OAR examined.
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   The differences that the OIG found are largely explained by the OIG not completing the
   QA/QC process that is in place to review and improve the raw submittal data.
   Two computational errors were uncovered as a result of the audit. These two errors serve to
   increase the ENERGY STAR program benefits and together represent a small fraction (about
   1%) of the programs overall reported benefits.  These errors have been corrected.
   The OIG findings do not support the broad claim that the ENERGY STAR program benefits
   are invalid.
  OIG Response: The Agency provided no additional documentation or support for its
  analysis, so we cannot comment on its accuracy. However, given the quality of the
  documentation supporting ENERGY STAR benefit calculations, OIG understands Office of
  Air and Radiation's difficulty.  OIG analysis and numbers were based on the documentation
  provided by the EPA contractor tasked with reporting these numbers. In fact, we met with the
  contractor concerning this issue and it was unable to provide us with any further
  documentation that would change any of our reported numbers or discrepancies.  Our detailed
  analysis identified large inaccuracies in the reported shipment totals used and in what the
  actual shipment data supported for products such as exit signs and monitors.  The Agency's
  table provided in this response acknowledges that there were in fact "spreadsheet errors" for
  both products and the numbers should have been the much larger number as identified by the
  OIG. These two "spreadsheet errors" demonstrate deficiencies with the existing Quality
  Assurance/Quality Control process since large errors were not identified. The errors were
  reported by the OIG. The Agency work was done after the fact, in an attempt to verify the
  original numbers.  It should also be noted that the underestimates were already used in the
  2006 benefits calculations process and were already reported within the Annual Report.
Further, OAR disagrees with the characterization of the OIG in a number of other areas in the
report and provides the following clarifications.

Quality Review of Data. OAR's contractor responsible for collecting and compiling shipment
data performs a systematic review of all shipment reports that looks for and addresses a number
of potential issues. The contactor has been directed to document the results of this quality
review. The issues the contractor addresses include:

     •   Multiple submissions received from a single partner
     •   Inclusion of a partner's data in an aggregate submission from an association, when the
        partner had already reported to contractor directly
     •   An apparent math error on the data collection form
     •   Submission of shipment data for a product that cannot earn the ENERGY STAR, e.g.,
        qualified shipments reported for ENERGY STAR camcorders
     •   Submission of data on a non-standard form, e.g., a NYSERDA form
     •   Indication that reported, qualified shipments went to a private labeler, who was also
        required to report
     •   Alteration of the standard form, e.g., partner modification of units of measure
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                                                                               09-P-0061
     •  Failure of the partner to break data into requested subcategories
     •  ENERGY STAR qualified shipments exceeding total shipments
     •  Indication that the submission is only an estimate
     •  Indication of negative shipments for a partner
     •  A partner's claim of qualified shipments for a product they do not manufacturer, have
        not yet qualified with ENERGY STAR, or for which they've not partnered with
        ENERGY STAR.

     In addition to working with partners and third party associations to resolve data anomalies,
     the contractor performs the following steps to improve the quality of the report:
     •    Reviews past year's process recommendations and reviews with EPA if any changes
          are needed to solicit the most accurate information from partners in the clearest way.
     •    Shares information including contact lists with third party associations well in
          advance, to ensure that all eligible partners contribute to the collection effort.
     •    Contractor product leads review submitted data for their respective categories to flag
          any apparent discrepancies or unexpected changes from previous years.
     •    Task Order Manager checks  data entry, calculations, and consistency among summary
          and breakout tables.

The EPA contractor has been directed to fully document the data collection and review process
for product shipment data for 2007 and subsequent years. This is complete for  2007.
 OIG Response: If the Quality Assurance/Quality Control system the Agency summarizes in
 this section was implemented and enforced as the Agency implies then the errors we identified
 would have been caught by either the contractor or EPA. The Quality Assurance/Quality
 Control process existing at the time of the OIG's review was deficient as demonstrated by the
 errors identified in the report. Many of these steps were either not in place or had not been
 implemented during our review.  We were advised by the EPA contractor that follow-up
 actions were not always documented, which may have contributed to the discrepancies in
 shipment totals used in the benefit calculations. The EPA contractor told us that the third party
 reporting was inconsistent, lacked uniformity, and information was often submitted late.
•  Data Submitted Through Third Parties.  The ENERGY STAR partnership agreement
   explicitly allows for the submittal of shipment data through a third party aggregator in the
   event a partner has competitiveness concerns associated with releasing data.  OAR's
   contractor works closely with the relevant trade associations to ensure that any potential data
   issues are resolved as the data is compiled. This is an appropriate and necessary practice to
   employ as part of collecting information for a partnership program.
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                                                                              09-P-0061
   OIG Response:  OIG took no position on the use of third parties. OIG identified
   deficiencies with the reporting of the data received by the contractor. The contractor
   recognized there were problems with the third party association data submittals.  We were
   told that it was the contractor's practice to accept the third party reported numbers even if a
   manufacturer had self-reported a different set of numbers.
   International Shipments. The OIG did not provide any credible basis for OAR to question
   that shipment totals used in the benefits calculations include anything but U.S. shipments.  In
   fact, the two instances cited give no indication other than that the submitter clearly
   understood the request to be for U.S. data alone. OAR does not use international shipment
   information to estimate program benefits.
   OIG Response:  OIG provided examples of potential control issues with accounting for
   international shipments.
Compact Fluorescent Light (CFL) Bulbs

OAR estimated benefits from EPA efforts with compact fluorescent light bulbs.  EPA has made
important contributions to the area of ENERGY STAR CFLs for more than eight years. This
includes contributions to key aspects of the ENERGY STAR specification for CFLs, quality
testing for CFLs, and ramping up consumer awareness and interest in purchasing ENERGY
STAR qualifying CFLs. EPA has removed these benefits from its ENERGY STAR program
benefits as of 2007.
   OIG Response:  OIG reported that EPA and DOE were both claiming the CFL benefits
   which results in double counting of the greenhouse gas savings. OIG did not question
   EPA's contribution to CFLs.  We agree that removal of the CFL benefits until they are
   discussed with the appropriate DOE officials is the appropriate action.
Market Transformation Effect

OAR employs a widely accepted concept within the energy community for estimating the market
transformation benefits of the ENERGY STAR program.  This captures the set of products in the
marketplace, that are more efficient than they otherwise would have been, that were once eligible
for the ENERGY STAR, but are no longer due to increased stringency of the ENERGY STAR
specification. The current methodology for calculating these market transformation benefits has
been peer reviewed in the journal Energy Policy:

       Sanchez, Maria C., Richard E. Brown, Carrie Webber, and Gregory K. Homan. 2008.
       Savings estimates for the United States Environmental Protection Agency's ENERGY
       STAR voluntary product labeling program. Energy Policy, vol. 36, no. 6, pp. 2098-2108.
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The method is applied consistently across the product categories for which an ENERGY STAR
specification has been revised and a substantial number of products are still in the market that
met the earlier specification. Further, the market transformation effect accounts for a small
fraction of overall ENERGY STAR program savings (about 2%).  This means that uncertainty in
the data and assumptions behind the calculations (uncertainty that has already been addressed
through conservative assumptions) has a relatively low impact on  program estimates.
Accordingly, the OIG has not provided a basis for recommending  a change in methodology,
particularly in light of the complexity and cost associated with doing  so.
  OIG Response: The method is not applied consistently across the product categories. The
  computation for market transformation is only used when shipment of units falls after a
  specification change. The market transformation concept as stated would also apply to units
  that increased in sales after a specification, which has occurred, but there was no computation
  of the savings derived from these units.  The ENERGY STAR contractor's formula does not
  account for market transformation savings for units that increase after a specification change.

  Furthermore, the OIG believes the savings reported from the market transformation units have
  a potential to significantly impact reported savings. We do not consider knowingly reporting
  unsupported and possibly incorrect data as a conservative practice even if it were properly
  disclosed, which is not  done in ENERGY STAR reports.  The number of formerly qualified
  units used in the computation is derived from reported shipments of ENERGY STAR qualified
  units. There is no actual relationship, it is an assumption. The result is a flawed process that
  will produce an inaccurate result, particularly given current economic conditions.



Boilers






Commercial
Refrigerators/
Freezers






Dehumidifiers
July 2007
Report
Total
382,770







83,493







1,203,216
OIG
Total

405,573







106,658







776,431
Summer
2008
Review*
382,770







83,493







1,203,216

Notes

Reported values add up to 382,770.
No underestimation.
OIG appears to have
• excluded one manufacturer's data, because
their brand name, rather than their
manufacturer name, was listed on their
reporting form which ICF addressed through
their QA/QC process
• excluded another manufacturer's data because
the company was not on the list of partners
required to submit data, though this was
addressed by ICF through their QA/QC
process
• Included one manufacturer's reported data
that was excluded as a result of the ICF
QA/QC process.
No underestimation.
Reported values add up to 1,203,216.
No overestimation.
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                                     09-P-0061
Exit Signs
Furnaces
Monitors
Roof Products
(Commercial
Gallons)
Room Air
Cleaners
Transformers
TV/VCR
Ventilating
Fans
1,425,554
1,172,843
13,859,666
21,352,516
287,354
173,390
17,685,967
853,406
3,450,117
1,170,124
34,581,203
15,966,045
289,815
166,669
13,166,140
857,232
3,460,176
1,172,843
32,584,882
21,358,657
287,354
173,390
17,689,230
853,406
Spreadsheet error. Compiled number should
have been 3,460,176. This underestimate has
been corrected in subsequent analysis
OIG appears to have excluded data that was
reported by one furnace manufacturer on their
air-source heat pump data form which was
addressed through the QA/QC process.
No overestimation.
Spreadsheet error. Compiled number should
have been 32,584,882. This underestimate has
been corrected in subsequent analysis
Shipments reported by one company were
inadvertently not included. ICF number should
have been 21,358,657.
No significant effect.
OIG appears to have included one
manufacturer's reported data that was excluded
as a result of the QA/QC process.
No underestimation.
OIG appears to have
• excluded one manufacturer's data because
their brand name(s) rather than their
manufacturer name was listed on their
reporting forms which ICF addressed through
their QA/QC process
• chosen to use data from one of the two forms
submitted by one manufacturer whereas ICF
confirmed with the manufacturer that the
other form was the correct one.
No overestimation.
Shipments reported by one company for one
product type (TV/VCR combination units) were
inadvertently not included. ICF total should
have been 17,689,230.
No significant effect.
OIG appears to have
• included one manufacturer's reported data
that was excluded as a result of the QA/QC
process
• included incorrect data for one company that
had been addressed through ICF's QA/QC
process.
No underestimation.
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* Re-examination of what shipment totals were supportable based on manufacturer information
provided as of May 2007.
 OIG Response: The OIG analysis was based on the documentation used to produce EPA's
 report of ENERGY STAR benefits in 2006. We do note that the Agency's analysis does not
 address all the irreconcilable products as reported on by the OIG within Chapter 2, Table 2-1.
 Based on the Agency's chart provided, the Agency only reviewed 11 of the 18 products and thus
 the Agency's analysis does not address the differences noted for the following product categories:

     •  Audio/DVD
     •  Commercial Hot Food Holding  Cabinets
     •  End Use Products
     •  External Power Supplies
     •  Residential Light Fixtures
     •  Roofing Commercial & Residential Sq. Ft.
     •  Telephony
Commercial Program Methodology (Addressed in Chapter 4 of OIG Report)

OAR uses best available information to estimate program benefits in the commercial market and
updates the methodology and inputs as the program evolves and new information is made
available.  These methods can be summarized as follows:

•  Program estimates are based on well-documented peer-reviewed methods.
•  The data inputs are either peer-reviewed or publicly available data themselves or based on
   reasonable and well-documented assumptions.
•  In areas of marginal uncertainty, OAR applies program evaluation best practice methods to
   avoid overstatement of program benefits.
•  The current program benefits estimation method includes techniques to account for the
   energy savings from commercial products associated with information processing and related
   equipment used by businesses. The method was peer-reviewed, found to be appropriate and
   sounds, and published in a 2007 Energy Journal article.
•  The current program benefits estimation method also includes techniques to account for
   benefits from energy efficiency programs across the country. The approach of subtracting
   state-utility savings from the national total was peer-reviewed and published in a 2001
   Energy Journal article.

OAR disagrees with the OIG  characterization of the methods used to avoid double-counting with
federal programs like ENERGY STAR qualified products and DOE's  Building Technologies
Program (BTP) as "unclear" and "questionable."   Again, these methods have been peer-
reviewed by experts in the field and found to be sound and appropriate.
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OAR continues to improve the models it uses to estimate ENERGY STAR program benefits.
OAR will undertake another peer-review of the overall approach and its key elements.
 OIG Response:  The peer-reviewed methodology referenced by the Office of Air and
 Radiation does not directly support the claimed benefits for the ENERGY STAR commercial
 sector. The contractor who prepares EPA's estimate uses parts of the methodology in its
 computation of the benefits. The contractor's computation of estimated benefits for
 commercial sector is what needs to be validated.
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                                                                           09-P-0061
                                                                        Appendix E

                                 Distribution
Office of the Administrator
Principal Deputy Assistant Administrator, Office of Air and Radiation
Agency Follow-up Official (the CFO)
Agency Follow-up Coordinator
Office of General Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for Public Affairs
Audit Follow-up Coordinator, Office of Air and Radiation
Deputy Inspector General
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