[Federal Register: August 14, 2006 (Volume 71, Number 156)]
[Notices]
[Page 46460-46465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au06-44]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket ID: ERRE-BT-2006-WAV-0140]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver of Peerless Boilers Heat, LLC From the
Department of Energy Residential Furnace and Boiler Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver and request for comments.
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SUMMARY: Today's notice publishes a Petition for Waiver from Peerless
Boilers Heat, LLC (PB). This petition (hereafter ``PB Petition'')
request a waiver from the Department of Energy's (hereafter
``Department'' or ``DOE'') test procedures for residential furnaces and
boilers. Today's notice also includes an alternate test procedure PB
has requested DOE to include in the Decision and Order, should the
Department grant PB a waiver. The Department is soliciting comments,
data, and information with respect to the PB Petition and the proposed
alternate test procedure.
DATES: The Department will accept comments, data, and information
regarding this Petition for Waiver until, but no later than September
13, 2006.
ADDRESSES: Please submit comments, identified by Docket ID number:
EERE-BT-2006-WAV-0140, by any of the following methods:
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Building Technologies
Program, Mailstop EE-2J, Forrestal Building, 1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Deliver/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Program, Room 1J-018, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121.
E-mail: PBPetitiion@ee.doe.gov. Include either the Docket
ID number: EERE-BT-2006-WAV-0140, and/or ``PB Petition'' in the subject
line of the message.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
Microsoft Word, WordPerfect, PDF, or text (ASCII) file format and avoid
the use of special characters or any form of encryption. Wherever
possible, include the electronic signature of the author. Absent an
electronic signature, comments should electronically must be followed
and authenticated by submitting the signed original paper document. The
Department does not accept telefacsimiles (faxes). Any person
submitting written comments must also send a copy of such comments to
the petitioner. (10 CFR 430.27(b)(1)(iv)). The contact information for
the petitioner in today's notice is: Mr. Jeffrey K. Alexander, Vice
President, PB Heat, LLC, 9th & Rothermel Drive, P.O. Box 447, New
Berlinville, PA 19545-0477.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: One copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. The
Department will make its own determination about the confidential
status of the information and treat it according to its determination.
Docket: For access to the docket to read the background comments
relevant to this matter, go to the U.S. Department of Energy, Forrestal
Building, Room 1J-018 (Resource Room of the Building Technologies
Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121,
(202) 586-2945, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Available documents include the following
items: This notice, public comments received, the PB Petition, and
prior Department rulemakings regarding residential furnace and boilers.
Please call Ms. Brenda Edwards-Jones at the above telephone number for
additional information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9611; E-
mail: Mohammed.Khan@ee.doe.gov; or Thomas DePriest, Esq., U.S.
Department of Energy, Office of General Counsel, Mail Stop GC-72,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121, (202) 586-9507; E-mail: Thomas.DePriest@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Alternate Test Procedure
IV. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation
Program for Consumer Products other than Automobiles.'' It specifically
provides for definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. With respect to test procedures, Part B
generally authorizes the Secretary of Energy to prescribe test
procedures that are reasonably designed to produce results which
reflect energy efficiency, energy use and estimated operating costs,
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
EPCA provides that the Secretary of Energy may amend test procedures
for consumer products if the Secretary determines that amended test
procedures would more accurately reflect energy efficiency, energy use
and estimated operating costs, and that they are not unduly burdensome
to conduct. (42 U.S.C. 6293(b))
Today's notice involves residential products covered under Part B.
The PB Petition requests a waiver from the residential furnace and
boiler test procedures for PB's PO-50, PO-60, PO-63 and PO-73 models of
oil-fired boilers. The test procedures for residential furnaces and
boilers appear at 10 CFR Part 430, Subpart B, Appendix N.
The Department's regulations contain provisions allowing a person
to seek a
[[Page 46461]]
waiver from the test procedure requirements for covered consumer
products (10 CFR 430.27). The waiver provisions allow the Assistant
Secretary for Energy Efficiency and Renewable Energy (hereafter
``Assistant Secretary'') to temporarily waive test procedures for a
particular basic model when a petitioner shows that the basic model
contains one or more design characteristics that prevent testing
according to the prescribed test procedures, or when the prescribed
test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. (10 CFR 430.27(a)(1)) The
Assistant Secretary may grant the waiver subject to conditions,
including adherence to alternate test procedures. Petitioners are to
include in their petition any alternate test procedures known to
evaluate the basic model in a manner representative of its energy
consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally remain in
effect until final test procedure amendments become effective, thereby
resolving the problem that is the subject of the waiver.
The waiver process also allows the Assistant Secretary to grant an
Interim Waiver from test procedure requirements to manufacturers that
have petitioned the Department for a waiver of such prescribed test
procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect
for a period of 180 days or until the Department issues its
determination on the Petition for Waiver, whichever is sooner, and may
be extended for an additional 180 days, if necessary. (10 CFR
430.27(h))
II. Petition for Waiver
On March 27, 2006, PB filed a Petition for Waiver from the test
procedures applicable to its residential oil-fired boilers. PB seeks a
waiver from the applicable test procedures for its PO-50, PO-60, PO-63
and PO-73 models of oil-fired boilers on the grounds that the
prescribed test procedures may result in an evaluation of the basic
model that is unrepresentative of its true energy consumption
characteristics.
Modern residential boilers are typically used with either baseboard
convector or radiant floor heating systems, and these heating systems
circulate water in a closed-loop fashion. Originating at the boiler,
headed water is pumped to the convectors or radiant floor coils. As the
water passes through the convectors or floor coils, heat is extracted
and the water is cooled. The heated water from the boiler is termed
``supply water'' and the cooled water is termed ``return water''. With
any given system, the return water temperature is directly proportional
to the supply water temperature which can be set at the boiler. The
return water temperature is also a function of a home's heating load
and the effectiveness of convector or floor coil system. Different
water temperatures are also seen with different systems (and control
features); the return and supply water temperatures are lower for
radiant floor heating systems compared to convector systems. The DOE
test procedures specifies certain supply and return temperatures for
boiler efficiency testing. These temperature specifications, according
to PB, do not suitably match the expected performance characteristics
of the subject boiler units.
In particular, PB claims that one of the test conditions (i.e.,
return water temperature) in the DOE test procedures is not
representative of what would occur with radiant floor heating systems
and for boilers equipped with outdoor reset controls. The PB Petition
requests that DOE grant a waiver from existing test procedures and
allow the use of an alternate test procedure. In its petition, PB
requests use of the American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Standard 103-2003 Public Review Draft,
``Determination of Boiler Performance for Low Water Temperature
Applications'' (hereafter ``draft ASHRAE Standard 103-2003'').
Pending public comment, it is not clear if DOE would grant PB a
waiver in the Decision and Order. PB seeks a waiver of the temperature
requirements for return water in the applicable test procedure on the
grounds that the prescribed test procedures may result in an evaluation
of the basic model that is unrepresentative of its true energy
consumption characteristics. PB also requests permission to use an
alternate test procedure, draft ASHRAE Standard 103-2003, which
specifies lower test temperatures that the DOE test procedure requires.
PB claims boilers for which it seeks a test procedure waiver are
capable of achieving condensing operating conditions with return water
temperatures that are lower than those specified in the DOE test
procedure. In particular, PB states that if a boiler is used with
radiant floor heating systems, the return and supply water temperatures
are far lower than those seen with baseboard convector systems.
Similarly, PB states that if a boiler is used with baseboard convector
heating systems, in combination with outdoor reset controls, the supply
water temperatures can be lower than the DOE test procedure for some
fraction of the heating season. In its petition, PB also asserts that
because its boilers are supplied with an outdoor reset control, the
boilers installed with either radiant floor heating systems or
baseboard convector heating systems are capable of achieving condensing
conditions and increased efficiency and reduced energy use, during
warmer periods of the heating season.
DOE finds, however, that the reliability of this approach depends
upon different parameters, which can vary from home to home. It
depends, for example, on the home's heating load profile, which is a
function of the geographic location, the temperature of the return
water necessary for condensation, and the performance characteristics
of the home's baseboard convectors. The draft ASHRAE Standard 103-2003
does not estimate, or take into account, how often the boiler will
function in the condensing mode with a baseboard convector system and
may not accurately reflect an ``annualized'' efficiency rating and may
confuse consumers who purchase boilers for use with baseboard heating
systems. Furthermore, there are no guarantees the boiler would be
installed with outdoor reset controls. Finally, DOE is concerned that
granting PB a waiver could result in energy efficiency ratings for its
PO-50, PO-60, PO-63 and PO-73 models of oil-fired boilers that are not
comparable to the ratings of other models of oil-fired boilers.
III. Alternate Test Procedure
The Department will make a judgment on the PB Petition after the
period for public comment. The Department is publishing the proposed
alternate test procedure in this notice, though it has not yet made a
determination on the petition, to account for the potential need for an
alternate test procedure and to allow the public to comment on a
proposed alternate test procedure. PB proposed the use of draft ASHRAE
standard 103-2003 as an alternate test procedure in its petition. DOE
is considering including in the Decision and Order an alternate test
procedure that is based on draft ASHRAE Standard 103-2003 for
residential furnaces and boilers.
The Department proposes for comment the following language: 10 CFR
Parts 430 Subpart B, Appendix N--``Uniform Test Method for Measuring
the Energy Consumption of Furnaces and Boilers,'' as amended by adding:
[[Page 46462]]
Section 8.4.1
Determination of Boiler Performance for Low-Water-Temperature
Applications
This section contains procedures for determining the seasonal
performance of a hot water boiler used in a low-water-temperature
application, specifically, for radiant floor heating systems. This
performance is expressed as Low-Water-Temperature Seasonal Efficiency
(LWTSE).
Note: When applying this criteria to noncondensing boilers, it
should be recognized that such boilers used for low-water-
temperature applications need to address the potential for the
formation of condensation within the boiler's heat exchanger, in
addition to the boiler's venting system. This can be addressed
either by the design of the boiler and its venting system, or by the
boiler's return/supply water piping, or both.
For Noncondensing Hot Water Boilers
The water flow rate shall be adjusted to produce a water
temperature rise between 19.5 [deg]F and 20.5 [deg]F during the steady-
state test described under Section 8.0, Test Procedure. During the
steady-state and heat-up tests, the hot water boiler shall be supplied
with water having a temperature of a least 90 [deg]F, but not more than
94 [deg]F.
For Condensing Hot Water Boilers
The water flow rate shall be adjusted to produce a water
temperature rise between 19.5 [deg]F and 20.5 [deg]F during the steady-
state test described under Section 8.0, Test Procedure. During the
steady-state and heat-up tests, the condensing boiler shall be supplied
with return water having a temperature of at least 90 [deg]F, but not
more than 94 [deg]F. The maximum permissible variation of the return
water temperature from the required value during the steady-state and
heat-up tests shall not exceed 2 [deg]F, except during the
first 30 seconds after start-up, when it shall not exceed
10 [deg]F, and between 30 and 60 seconds after start-up, when it shall
not exceed 5 [deg]F.
Calculations
The boiler's LWTSE shall be determined by using the applicable
calculations to determine AFUE specified under Section 10.0,
Calculation of derived results from test measurement.
V. Summary and Request for Comments
Today's notice announces PB's Petition for Waiver from the test
procedures applicable to PB's PO-50, PO-60, PO-63 and PO-73 models of
oil-fired boilers. The Department is publishing the PB Petition for
Waiver in its entirety. The Petition contains no confidential
information. Furthermore, PB requests the use of draft ASHRAE Standard
103-2003 as an alternate test procedure. In this alternate test
procedure, the Department would replace the supply water temperature
requirements in the DOE test procedure with the requirements in draft
ASHRAE Standard 103-2003.
The Department is interested in receiving comments on all aspects
of this notice. The Department is particularly interested in receiving
comments and views of interested parties concerning whether to grant
the PB Petition and regarding the proposed alternate test procedure.
Specifically, the Department would like to receive comment on the
following questions:
Does the DOE test procedure provide results that are
unrepresentative of the PB PO-50, PO-60, PO-63 and PO-73 models of oil-
fired boilers' energy consumption so as to provide materially
inaccurate comparative data in all installations?
Were PB to be granted a waiver, would it lead to a
proliferation of petitions for waiver for other oil-fired boilers?
Is the DOE test procedure appropriate for boilers used
with baseboard convector heating systems?
Are there other metrics that can be used to assess the
performance of low-water-temperature boilers used with baseboard
heating systems?
Is it appropriate for PB to use the proposed alternate
test procedure for ratings and representations, and compliance with
energy efficiency standards, building codes and regulatory
requirements?
Should the Department prescribe for manufacturers the
LWTSE for low-water-temperature boilers?
In addition, the Department is interested in receiving comments on
possible modifications to any test procedures or alternative rating
methods which the Department could use to fairly represent the energy
efficiency of PB's PO-50, PO-60, PO-63 and PO-73 models of oil-fired
boilers. Any person submitting written comments must also send a copy
of such comments to the petitioner, whose contact information is cited
above.
Issued in Washington, DC, on August 4, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
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[FR Doc. 06-6897 Filed 8-11-06; 8:45 am]
BILLING CODE 6450-01-C