[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Rules and Regulations]
[Page 43611-43613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy08-2]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EE-RM/STD-01-350]
RIN 1904-AA78
Energy Conservation Program for Consumer Products: Energy
Conservation Standards for Residential Furnaces and Boilers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This final rule clarifies the standards that are applicable to
residential furnaces and boilers that were not subject to a final rule
published by the Department of Energy
[[Page 43612]]
on November 19, 2007. Additionally, today's final rule codifies in the
Department's regulations the requirements that are applicable to
residential boilers as established in the Energy Independence and
Security Act of 2007.
DATES: This technical amendment is effective August 27, 2008.
FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal
Building, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, (202) 586-7892, e-mail: Mohammed.Khan@ee.doe.gov; or Christopher
Calamita, U.S. Department of Energy, Office of the General Counsel,
Forrestal Building, GC-72, 1000 Independence Avenue, SW., Washington,
DC 20585, (202) 586-7432, e-mail: Christopher.Calamita@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On November 19, 2007, DOE published a final
rule in which it amended the energy conservation standards for non-
weatherized gas furnaces, weatherized gas furnaces, mobile home gas
furnaces, oil-fired furnaces, gas-fired hot-water boilers, and oil-
fired hot-water boilers. (72 FR 65136.) The November 19, 2007 final
rule established a compliance date of November 19, 2015, for the
amended standards.
In the notice of proposed rulemaking, DOE noted that gas steam
boilers, oil-fired steam boilers, weatherized oil-fired furnaces, and
mobile home oil-fired furnaces were not subject to the rulemaking. (71
FR 59204, 59214; October 6, 2006.) Standards applicable to gas steam
boilers, oil-fired steam boilers, weatherized oil-fired furnaces, and
mobile home oil-fired furnaces in effect prior to the November 19, 2007
final rule remained in effect following the November 19, 2007 final
rule.
In the November 19, 2007 final rule, DOE amended the regulatory
text that specifies the energy conservation standards for residential
furnaces and boilers (10 CFR 430.32(e)) by adding a table containing
amended standards applicable to non-weatherized gas furnaces,
weatherized gas furnaces, mobile home gas furnaces, non-weatherized
oil-fired furnaces, gas-fired hot-water boilers, and oil-fired hot-
water boilers, manufactured on or after November 19, 2015. The
regulatory text as amended by the November 19, 2007 final rule
presented the required standards for residential furnaces and boilers
in two tables. The first table presented the standards for all subject
residential furnaces and boilers. The second table presented only the
standards amended by the November 19, 2007 final rule, which as
established, are applicable to the specified products that are
manufactured on and after November 19, 2015. (72 FR 65169.)
Subsequently, on December 19, 2007, the Energy Independence and
Security Act of 2007 (EISA 2007) was signed into law and included
amended energy conservation standards and design requirements for
residential boilers. (Pub. L. 110-140) Specifically, section 303 of
EISA 2007 amended section 325(f)(3)(A)-(B) of the Energy Policy and
Conservation Act (EPCA) to establish energy conservation standards and
design requirements for gas-fired hot water boilers, gas-fired steam
boilers, oil-fired hot water boilers, oil-fired steam boilers, and
electric hot water boilers. (42 U.S.C. 6295(f)(3)(A)-(B)) EISA 2007
includes minimum annual fuel utilization efficiency (AFUE) requirements
for gas-fired hot water and oil-fired hot water boilers, which
supersede those established in the November 19, 2007, final rule. The
minimum AFUE requirements for gas-fired hot water boilers are the same
as those in the November 19, 2007, final rule.
The design requirements added by EISA 2007 prohibit constant
burning pilot lights for gas-fired hot water boilers and gas-fired
steam boilers and require an automatic means for adjusting the water
temperature for gas-fired hot water boilers, oil-fired hot water
boilers, and electric hot water boilers. Both the energy conservation
standards and the design requirements for these five classes of
residential boilers are applicable to residential boilers manufacturers
on or after September 1, 2012. DOE notes this effective date supersedes
the later effective date specified by the November 19, 2007 final rule.
In order to clarify the applicability of standards for residential
furnaces and boilers following the November 19, 2007 final rule and
EISA 2007, DOE is amending the regulatory text. Today's final rule
presents the standards grouped by product (i.e., furnaces or boilers),
and by compliance date. Today's final rule will allow manufacturers to
reference an applicable standard by product and compliance date, and
should make it easier for a manufacturer to determine the appropriate
standard for a product. Today's final rule does not amend the standards
applicable to residential furnaces and boilers as established in the
November 19, 2007 final rule, except to the extent that standards were
amended by EISA 2007.
Additionally, DOE notes that in the preamble of the November 19,
2007, final rule, DOE indicated that the Environmental Protection
Agency (EPA) is mandating a phase-out of hydrofluorocarbon (HFC)
refrigerants and hydrochlorofluorocarbon (HCFC) refrigerants. (72 FR
65149) This statement was in error. The EPA is mandating a phase-out of
HCFC refrigerants, but not HFC refrigerants. (58 FR 65018; December 10,
1993) DOE realizes this inadvertent statement may have caused confusion
within the industry. DOE notes that HFC refrigerants are the choice of
the residential air conditioning industry to replace HCFC refrigerants
that will be phased out.\1\ This error did not impact the final
analyses relied on in establishing the standards for the final rule.
---------------------------------------------------------------------------
\1\ See, Acceptable Substitutes in Household and Light
Commercial Air Conditioning, The U.S. Environmental Protection
Agency. http://www.epa.gov/ozone/snap/refrigerants/lists/
homeac.html.
---------------------------------------------------------------------------
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. The reorganization of the tables in the CFR is not a
substantive change, and the public would have no particular interest in
providing comments. In addition, codification of standards for certain
residential boilers established in law by EISA involves no exercise of
discretion or interpretation by DOE for the public to comment upon.
DOE, therefore, finds that good cause exists to waive prior notice and
an opportunity to comment for this rulemaking. In addition, because
there is no requirement for publication of a notice of proposed
rulemaking, the analytical provisions of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., do not apply to this rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on July 15, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons set forth in the preamble, part 430 of Title 10, Code
of Federal Regulations, is amended to read as follows:
[[Page 43613]]
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.32 is amended by revising paragraph (e) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
effective dates.
* * * * *
(e) Furnaces and boilers. (1) Furnaces. (i) The Annual Fuel
Utilization Efficiency (AFUE) of residential furnaces manufactured
before November 19, 2015, shall not be less than the following:
------------------------------------------------------------------------
AFUE \1\
Product class (percent)
------------------------------------------------------------------------
(A) Furnaces (excluding classes noted below)................ 78
(B) Mobile Home furnaces.................................... 75
(C) Small furnaces (other than those designed solely for
installation in mobile homes) having an input rate of less
than 45,000 Btu/hr
(1) Weatherized (outdoor)................................. 78
(2) Non-weatherized (indoor).............................. 78
------------------------------------------------------------------------
\1\ Annual Fuel Utilization Efficiency, as determined in Sec.
430.23(n)(2) of this part.
(ii) The AFUE of residential furnaces manufactured on or after
November 19, 2015, shall not be less than the following:
------------------------------------------------------------------------
AFUE \1\
Product class (percent)
------------------------------------------------------------------------
(A) Non-weatherized gas furnaces............................ 80
(B) Weatherized gas furnaces................................ 81
(C) Mobile home oil-fired furnaces.......................... 75
(D) Mobile home gas furnaces................................ 80
(E) Non-weatherized oil-fired furnaces...................... 82
(F) Weatherized oil-fired furnaces.......................... 78
------------------------------------------------------------------------
\1\ Annual Fuel Utilization Efficiency, as determined in Sec.
430.23(n)(2) of this part.
(2) Boilers. (i) The AFUE of residential boilers manufactured
before September 1, 2012, shall not be less than the following:
------------------------------------------------------------------------
AFUE \1\
Product class (percent)
------------------------------------------------------------------------
(A) Boilers (excluding gas steam)........................... 80
(B) Gas steam boilers....................................... 75
------------------------------------------------------------------------
\1\ Annual Fuel Utilization Efficiency, as determined in Sec.
430.22(n)(2) of this part.
(ii) Except as provided in paragraph (e)(2)(iv) of this section,
the AFUE of residential boilers, manufactured on or after September 1,
2012, shall not be less than the following and must comply with the
design requirements as follows:
------------------------------------------------------------------------
AFUE \1\
Product class (percent) Design requirements
------------------------------------------------------------------------
(A) Gas-fired hot water boiler. 82 Constant burning pilot
not permitted.
Automatic means for
adjusting water
temperature required
(except for boilers
equipped with tankless
domestic water heating
coils).
(B) Gas-fired steam boiler..... 80 Constant burning pilot
not permitted.
(C) Oil-fired hot water boiler. 84 Automatic means for
adjusting temperature
required (except for
boilers equipped with
tankless domestic
water heating coils).
(D) Oil-fired steam boiler..... 82 None.
(E) Electric hot water boiler.. None Automatic means for
adjusting temperature
required (except for
boilers equipped with
tankless domestic
water heating coils).
------------------------------------------------------------------------
\1\ Annual Fuel Utilization Efficiency, as determined in Sec.
430.22(n)(2) of this part.
(iii) Automatic means for adjusting water temperature. (A) The
automatic means for adjusting water temperature as required under
paragraph (e)(2)(ii) of this section must automatically adjust the
temperature of the water supplied by the boiler to ensure that an
incremental change in inferred heat load produces a corresponding
incremental change in the temperature of water supplied.
(B) For boilers that fire at a single input rate, the automatic
means for adjusting water temperature requirement may be satisfied by
providing an automatic means that allows the burner or heating element
to fire only when the means has determined that the inferred heat load
cannot be met by the residual heat of the water in the system.
(C) When there is no inferred heat load with respect to a hot water
boiler, the automatic means described in this paragraph shall limit the
temperature of the water in the boiler to not more than 140 degrees
Fahrenheit.
(D) A boiler for which an automatic means for adjusting water
temperature is required shall be operable only when the automatic means
is installed.
(iv) A boiler that is manufactured to operate without any need for
electricity or any electric connection, electric gauges, electric
pumps, electric wires, or electric devices is not required to meet the
AFUE or design requirements applicable to the boiler requirements of
paragraph (e)(2)(ii) of this section, but must meet the requirements of
paragraph (e)(2)(i) of this section, as applicable.
* * * * *
[FR Doc. E8-17222 Filed 7-25-08; 8:45 am]
BILLING CODE 6450-01-P