[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52892-52907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21363]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 /
Proposed Rules
[[Page 52892]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2009-BT-TP-0013]
RIN 1904-AB95
Energy Conservation Program for Consumer Products: Test
Procedures for Residential Water Heaters, Direct Heating Equipment, and
Pool Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
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SUMMARY: In order to implement recent amendments to the Energy Policy
and Conservation Act of 1975 (EPCA), the U.S. Department of Energy
(DOE) proposes to amend its test procedures for residential direct
heating equipment and pool heaters to provide for measurement of
standby mode and off mode power use by these products. Where
appropriate, the amendments would incorporate into the DOE test
procedures relevant provisions from the International Electrotechnical
Commission's (IEC) Standard 62301, ``Household electrical appliances--
Measurement of standby power'' (First Edition 2005-06), as well as
language to clarify application of these provisions as they
specifically relate to measurement of electrical standby mode and off
mode power consumption in direct heating equipment and pool heaters.
This rulemaking also proposes a number of definitions for key
terms. DOE has tentatively concluded that no amendments are necessary
to the test procedure for residential water heaters to address standby
mode and off mode power use, because the existing test procedures for
water heaters already fully account for and incorporate the standby
mode and off mode energy consumption. In addition, DOE announces a
public meeting to discuss and receive comments on the issues presented
in this notice.
DATES: DOE will hold a public meeting Friday, September 24, 2010, from
9 a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak
at the public meeting before 4 p.m., Friday, September 10, 2010. DOE
must receive a signed original and an electronic copy of statements to
be given at the public meeting before 4 p.m., Friday, September 3,
2010.
DOE will accept comments, data, and information regarding the
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than November 15, 2010. See section V, ``Public
Participation,'' of this NOPR for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. (Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the public meeting should advise DOE as soon as possible by contacting
Ms. Edwards to initiate the necessary procedures.)
Any comments submitted must identify the NOPR on Test Procedures
for Residential Water Heaters, Direct Heating Equipment, and Pool
Heaters, and provide the docket number EERE-2009-BT-TP-0013 and/or
Regulatory Information Number (RIN) 1904-AB95. Comments may be
submitted using any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. E-mail: [email protected]. Include docket
number EERE-2009-BT-TP-0013 and/or RIN 1904-AB95 in the subject line of
the message.
3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, 1000 Independence
Avenue, SW., Washington, DC 20585-0121. Please submit one signed paper
original.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. Please submit one
signed paper original.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V, ``Public
Participation,'' of this document.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, Resource Room
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Please call Ms. Brenda
Edwards at the above telephone number for additional information about
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of
Energy, Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-7892. E-mail: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: [email protected].
For information on how to submit or review public comments and on
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Summary of the Proposal
III. Discussion
A. Determination Not To Amend Test Procedures for Residential
Water Heaters
B. Proposed Test Procedure Amendments for Vented Heaters
1. Treatment of Fossil-Fuel Consumption in Existing Test
Procedures for Fossil-Fuel Vented Heaters
2. Specific Amendments for Vented Heaters
3. Active Mode Hours Approximated by Burner Operating Hours for
Vented Heaters
4. Measurement of Standby Mode and Off Mode Wattages of Vented
Heaters
[[Page 52893]]
5. Incorporating by Reference IEC Standard 62301 (First Edition
2005-06) for Measuring Standby Mode and Off Mode Energy Consumption
for Vented Heaters
C. Proposed Test Procedure Amendments for Unvented Heaters
D. Proposed Test Procedure Amendments for Pool Heaters
1. Treatment of Fossil-Fuel Consumption in Existing Test
Procedures for Pool Heaters
2. Treatment of Electricity Consumption in Existing Test
Procedures for Pool Heaters
3. Measurement of Standby Energy Consumption in ANSI/ASHRAE
Standard 146-2006
4. Specific Amendments for Pool Heaters
5. Incorporating by Reference IEC Standard 62301 (First Edition
2005-06) for Measuring Standby Mode and Off Mode Energy Consumption
for Pool Heaters
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests To Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
1. Incorporation of IEC Standard 62301
2. Separate Standard
VI. Approval of the Office of the Secretary
I. Background and Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C.
6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth a
variety of provisions designed to improve energy efficiency. Part A of
Title III (42 U.S.C. 6291-6309) establishes the ``Energy Conservation
Program for Consumer Products Other Than Automobiles,'' including
residential water heaters, direct heating equipment, and pool heaters
(all of which are referred to below as ``covered products'').\1\ (42
U.S.C. 6291(1)-(2) and 6292(a)(4), (9) and (11))
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\1\ All references to EPCA refer to the statute as amended,
including through the Energy Independence and Security Act of 2007,
Public Law 110-140.
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Under the Act, the overall program consists essentially of three
parts: (1) Testing; (2) labeling; and (3) Federal energy conservation
standards. The testing requirements consist of test procedures,
prescribed under EPCA, that manufacturers of covered products must use
as the basis for certifying to DOE that their products comply with
applicable energy conservation standards adopted under EPCA and for
representations about the energy consumption or energy efficiency of
those products. Similarly, DOE must use these test procedures whenever
testing is required in an enforcement action to determine whether the
products comply with energy conservation standards adopted pursuant to
EPCA.
Under 42 U.S.C. 6293, EPCA sets forth criteria and procedures for
DOE's adoption and amendment of such test procedures. EPCA provides
that any test procedures prescribed or amended shall be reasonably
designed to produce test results which measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use, and shall
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments thereon. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product as determined under the existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the amended test procedure would
alter the measured efficiency of a covered product, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6293(e)(2))
DOE's test procedures for residential water heaters are found in
the Code of Federal Regulations (CFR) at 10 CFR 430.23(e) and 10 CFR
part 430, subpart B, appendix E. The test procedures include provisions
for determining the energy efficiency (energy factor (EF)), as well as
the annual energy consumption of these products.
The direct heating equipment covered product (not including
furnaces) is referred to as ``home heating equipment'' in CFR. Unlike
central heating furnaces, direct heating equipment is a covered product
which is designed to furnish warmed air to the living space of a
residence, directly from the device, without duct connections. There
are separate test procedures for the two classes of home heating
equipment, specifically 10 CFR 430.23(g) and 10 CFR part 430, subpart
B, appendix G for unvented home heating equipment, and 10 CFR 430.23(o)
and 10 CFR part 430, subpart B, appendix O for vented home heating
equipment. Taken together, these two classes of home heating equipment
represent ``direct heating equipment,'' the covered product listed at
42 U.S.C. 6292(a)(9). (Hereafter in this notice, the terms ``vented
heater'' and ``unvented heater'' are used to describe the two types of
direct heating equipment.) The vented heater test procedures include
provisions for determining energy efficiency (annual fuel utilization
efficiency (AFUE)), as well as annual energy consumption. The unvented
heater test procedures currently have no provisions for determining
energy efficiency; however, for unvented heaters that are the primary
heating source for the home, there is a calculation of annual energy
consumption based on a single assignment of active mode hours. For
unvented heaters that are not the primary heating source for the home,
there are no calculation provisions for efficiency or annual energy
consumption.
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test
procedures include provisions for determining two energy efficiency
descriptors (i.e., thermal efficiency and pool heater heating seasonal
efficiency), as well as annual energy consumption.
On December 19, 2007, the Energy Independence and Security Act of
2007 (EISA 2007), Public Law 110-140, was enacted. The EISA 2007
amendments to EPCA, in relevant part, require DOE to amend the test
procedures for all covered products to include measurement of standby
mode and off mode energy consumption. Specifically, section 310 of EISA
2007 provides definitions of ``active mode,'' ``standby mode,'' and
``off mode'' (42 U.S.C. 6295(gg)(1)(A)); however, the statute permits
DOE to amend these definitions in the context of a given product (42
U.S.C. 6295(gg)(1)(B)). The legislation requires integration of such
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor for each covered product,
unless the Secretary determines that--(i) the current test procedures
for a covered product already fully account for and incorporate the
standby and off mode energy consumption of the covered product; or (ii)
such an integrated test procedure is technically infeasible for a
particular covered product, in which case the Secretary shall prescribe
a separate standby mode and off mode
[[Page 52894]]
energy use test procedure for the covered product, if technically
feasible. (42 U.S.C. 6295(gg)(2)(A)).
Under the statutory provisions introduced by EISA 2007, any such
amendment must consider the most current versions of International
Electrotechnical Commission (IEC) Standard 62301, ``Household
electrical appliances--Measurement of standby power'' (First Edition
2005-06) and IEC Standard 62087, ``Methods of measurement for the power
consumption of audio, video, and related equipment'' (Second Edition,
2008-09).\2\ Id. Further, section 310 of EISA 2007 provides that any
final rule establishing or revising energy conservation standards
adopted on or after July 1, 2010, must incorporate standby mode and off
mode energy use. (42 U.S.C. 6295(gg)(3)(A)).
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\2\ IEC standards are available for purchase at: http://www.iec.ch.
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Accordingly, pursuant to section 310 of EISA 2007, DOE's
residential water heater, direct heating equipment, and pool heater
test procedures must account for standby mode and off mode energy
consumption. (42 U.S.C. 6295(gg)(2)) DOE test procedures are needed
that account for standby mode and off mode energy use (to the extent
those operational modes apply to the products in question), in order to
permit manufacturers to measure and certify compliance with future
amended energy conservation standards that address those modes for the
products that are the subject of this rulemaking. If finalized, today's
proposal would also provide DOE a means for determining compliance with
any future standards adopted for these products that include standby
mode and off mode energy consumption.
II. Summary of the Proposal
In today's NOPR, DOE has tentatively concluded that for residential
water heaters, there is no need to amend the test procedures pursuant
to EISA 2007. Specifically, because the current test procedures for
residential water heaters already fully account for and incorporate
standby mode energy consumption, and because off mode is not applicable
to water heaters, no amendment is required. (42 U.S.C.
6295(gg)(2)(A)(i)) A more complete discussion is provided below in
section III.A.
For direct heating equipment and pool heaters, DOE is proposing to
amend the test procedures in order to: (1) Address the statutory
requirement to expand test procedures to incorporate measurement of
standby mode and off mode power consumption; and (2) provide a
foundation for DOE to develop, implement, and ensure compliance with
amended energy conservation standards in the future that address the
energy use of these products when in standby mode and off mode.
In addition to these statutory requirements for amended test
procedures, EISA 2007 has three separate provisions regarding the
inclusion of standby mode and off mode energy use in any energy
conservation standard, which have bearing on the current test
procedures rulemaking. First, test procedure amendments to include
standby mode and off mode energy consumption shall not be used to
determine compliance with standards established prior to the adoption
of such test procedure amendments. (42 U.S.C. 6295(gg)(2)(C)) Second,
standby mode and off mode energy use must be included into a single
amended or new standard for a covered product adopted in a final rule
after July 1, 2010. Finally, a separate standard for standby mode and
off mode energy consumption is required if a single amended or new
standard is not feasible. (42 U.S.C. 6295(gg)(3)(B))
In order to accommodate the above-mentioned first provision, DOE
clarifies that today's proposed amended test procedures would not alter
the measures of energy efficiency used in existing energy conservation
standards; therefore, this proposal would not affect a manufacturer's
ability to demonstrate compliance with previously-established
standards. These amended test procedures would become effective, in
terms of adoption into the CFR, 30 days after the date of publication
in the Federal Register of the final rule in this test procedures
rulemaking. However, DOE is proposing added language to the regulations
codified in the CFR that would state that any added procedures and
calculations for standby mode and off mode energy consumption resulting
from implementation of the relevant provisions of EISA 2007 need not be
performed at this time to determine compliance with the current energy
conservation standards. Subsequently, and consistent with the second
provision above, manufacturers would be required to use the amended
test procedures' standby mode and off mode provisions to demonstrate
compliance with DOE's energy conservation standards on the compliance
date of a final rule establishing amended energy conservation standards
for these products that address standby mode and off mode energy
consumption, at which time the limiting statement in the DOE test
procedure would be removed. Further clarification would also be
provided that as of 180 days after publication of a test procedure
final rule, any representations as to the standby mode and off mode
energy consumption of the products that are the subject of this
rulemaking would need to be based upon results generated under the
applicable provisions of this test procedure. (42 U.S.C. 6293(c)(2))
On November 24, 2006, DOE published a notice in the Federal
Register announcing the availability of and seeking comment on a
framework document to initiate rulemaking to consider amended energy
conservation standards for residential water heaters, direct heating
equipment, and pool heaters (hereafter the November 2006 Framework
Document). 71 FR 67825. The issuance of a framework document is the
first step in conducting an appliance standards rulemaking.
The November 2006 Framework Document was issued before the
enactment of EISA 2007, and consequently, it did not address the
possible amendments to the test procedure associated with the EISA 2007
legislative charge (i.e., the standby mode and off mode provisions in
42 U.S.C. 6295(gg)(3)) DOE issued its final rule revising energy
conservation standards for residential water heaters, direct heating
equipment, and pool heaters on March 31, 2010, which was published in
the Federal Register on April 16, 2010. 75 FR 20112. Because
publication of this final rule amending the energy conservation
standards for these products was required to be completed before July
1, 2010 (the date after which any final rule establishing or revising a
standard must incorporate standby mode and off mode energy use), this
standards final rule did not necessarily need to incorporate standby
mode and off mode energy use. Nonetheless, today's proposal for amended
test procedures will allow consideration of the standby mode and off
mode energy use of these products in a subsequent standards rulemaking
(e.g., standards adopted after July 1, 2010).
As currently drafted, three of the test procedures for the products
at issue in this rulemaking would require amendment to account for
standby mode and off mode energy use as required by EISA 2007.
Specifically, the test procedure for vented heaters would need added
measurement and calculation provisions to integrate electrical standby
mode and off mode energy use into the overall energy consumption
equations. Fossil-fuel standby mode and off mode energy use is already
integrated into the vented
[[Page 52895]]
heater test procedure (see section III.B.1 below). Test procedures for
unvented heaters would need added measurement provisions of standby
power (fossil-fuel and electrical). However, for the reasons explained
in section III.C below, no added calculations or new energy efficiency
descriptors are offered in today's proposal for unvented heaters. Pool
heater test procedures would need added measurement and calculation
provisions for both electric and fossil-fuel standby mode and off mode
energy use. Such energy use would need to be incorporated into both the
overall energy consumption equations. As noted above, the test
procedures for residential water heaters would not need amendment,
because standby mode energy use is fully integrated into the existing
test procedure, and off mode is not applicable for residential water
heaters.
In amending the current test procedures for residential direct
heating equipment and pool heaters, DOE proposes to incorporate by
reference IEC Standard 62301, ``Household electrical appliances--
measurement of standby power'' (First Edition, 2005-06), regarding test
conditions and test procedures for measuring standby mode and off mode
energy consumption. DOE also proposes to incorporate product-specific
definitions of ``active mode,'' ``standby mode,'' and ``off mode'' that
are consistent with the guidance set forth under 42 U.S.C.
6295(gg)(1)(A). Further, DOE proposes to include in each test procedure
additional language that would clarify the application of IEC Standard
62301 for measuring standby mode and off mode power consumption.\3\
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\3\ EISA 2007 directs DOE to also consider IEC Standard 62087
when amending its test procedure to include standby mode and off
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC
Standard 62087 addresses the methods of measuring the power
consumption of audio, video, and related equipment. As explained
subsequently in this notice, the narrow scope of this particular IEC
Standard reduces its relevance to today's proposal.
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III. Discussion
A. Determination Not To Amend Test Procedures for Residential Water
Heaters
As noted above, DOE's test procedures for residential water heaters
are found at 10 CFR 430.23(e) and 10 CFR part 430, subpart B, appendix
E. These test procedures include provisions for determining the energy
factor (EF) as well as the annual energy consumption of those products.
As written, the test procedures include a full year accounting of
energy use, both electricity and fossil fuel as applicable to a given
unit. The following explains generally how water heater energy
consumption is determined under the DOE test procedure. Specific
measurements are required to determine the water heater's energy
performance in providing a representative daily amount of hot water.
The measurements are used to calculate two separate performance
metrics: (1) Recovery efficiency, and (2) standby loss. Further
calculations provide for a comprehensive efficiency descriptor (EF)
which represents the overall efficiency of the water heater in
providing the representative daily amount of hot water. Annual energy
consumption and cost are estimated by extending this daily performance
measured by EF to a full year (i.e., 365 days).
There are some non-substantive differences in terms of the
terminology used in the existing residential water heater test
procedures as compared to what is used in EISA 2007. For example, the
test procedure's standby loss is expressed as either an hourly standby
loss or a heat loss coefficient, and while not identical, it can be
equated to EISA 2007's ``standby mode'' energy use. In addition, the
EISA 2007 definition of ``off mode'' appears inapposite to water heater
operation. Water heaters are assumed to operate all year either
actively heating water or incurring energy consumption (loss) in
standby mode. There is no other mode of energy consumption conceivable
for these products. Accordingly, to the extent those terms apply, DOE
believes the full-year accounting of energy use as currently presented
in the DOE water heater test procedure fully accounts for measurement
of active mode, standby mode, and off mode energy consumption, as
required by EISA 2007. Similarly, the water heater test procedure's
efficiency descriptor Energy Factor is a complete accounting of all
energy consumption possible for a residential water heater.
In consideration of the above, DOE has tentatively concluded that
the current test procedures for water heaters already fully account for
and incorporate measurement of standby mode and off mode energy
consumption, as required by EISA 2007. (42 U.S.C. 6295(gg)(2)(A)(i))
B. Proposed Test Procedure Amendments for Vented Heaters
As discussed above, EISA 2007 requires amendment of DOE's test
procedures for direct heating equipment to account for standby mode and
off mode energy consumption. This section discusses amendments for the
test procedure provisions for vented heaters, and section III.C
addresses test procedure amendments for unvented heaters. Specifically,
the vented heater test procedures require additional measurement and
calculation provisions in order to account for electrical standby mode
and off mode energy use. Fossil-fuel standby mode and off mode energy
use is already integrated into the vented heater test procedure.\4\
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\4\ Vented heaters can be fueled by natural gas, propane, or
oil. For simplicity, the expressions ``fossil-fueled'' or ``fossil-
fuel'' will be used to include all three fuel types.
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As a first step in addressing the requirements of EISA 2007, DOE
believes the relevant terms and concepts from that statute need
clarification as they apply to vented heaters. While EISA 2007 provided
definitions and concepts that are generally applicable and workable
within the context of the existing vented heater test procedure, some
clarifying language is necessary to address the specific
characteristics of the products relevant to this rulemaking. The
following paragraphs discuss these proposed clarifications.
Section 310(3) of EISA 2007 defines ``active mode'' as ``* * * the
condition in which an energy-using product--(I) is connected to a main
power source; (II) has been activated; and (III) provides 1 or more
main functions.'' (42 U.S.C. 6295(gg)(1)(A)(i)) This statutory
definition of ``active mode'' is comparable to what is referred to as
``on-cycle'' in the current vented heater test procedures. 10 CFR part
430, subpart B, appendix O, section 4.0 Calculations. On-cycle is the
period during the heating season when the vented heater is performing
its main function (i.e., heat delivery). The heat delivery process
begins with the activation of the burner followed by, or simultaneously
with, the activation of circulating fans, and ends with the
deactivation of these components. As discussed in section III.B.3
below, the duration of on-cycle can be estimated in the test procedure
as burner operating hours (BOH).
Section 310(3) of EISA 2007 defines ``standby mode'' as ``* * * the
condition in which an energy-using product--(I) is connected to a main
power source; and (II) offers 1 or more of the following user oriented
or protective functions: (aa) To facilitate the activation or
deactivation of other functions (including active mode) by remote
switch (including remote control), internal sensor, or timer; (bb)
Continuous functions, including information or status displays
(including clocks) or sensor-based functions.'' (42 U.S.C.
[[Page 52896]]
6295(gg)(1)(A)(iii)) The statutory definition of ``standby mode'' is
comparable to what is referred to as ``off-cycle'' in the current
vented heater test procedure. 10 CFR part 430, subpart B, appendix O,
section 4.0 Calculations. The duration of off-cycle would be the total
time during the heating season when the vented heater is connected to
power sources and not in active mode.
Section 310(3) of EISA 2007 defines ``off mode'' as ``* * * the
condition in which an energy-using product--(I) is connected to a main
power source; and (II) is not providing any standby or active mode
function.'' (42 U.S.C. 6295(gg)(1)(A)(ii)) For vented heaters, off mode
would occur during the non-heating season when the vented heater is
connected to power sources but is not activated to provide heat. The
statutory definition of ``off mode'' is comparable to what is referred
to as non-heating season in the current vented heaters test procedure.
The proposed definitions are located in 10 CFR part 430, subpart B,
appendix O, section 4.0 Calculations.
DOE believes these proposed definitions provide the clarification
necessary to carry out the requirements of EISA 2007 without unduly
complicating matters by addressing the potential for minor
inaccuracies, such as those that might be caused by slight differences
in run times for burners and air circulating fans (see section III.B.3
below). DOE requests comments on this approach for characterizing the
active mode, standby mode, and off mode operation of vented heaters.
1. Treatment of Fossil-Fuel Consumption in Existing Test Procedures for
Fossil-Fueled Vented Heaters
DOE has tentatively concluded that the existing test procedures for
vented heaters already fully account for and integrate standby mode and
off mode fossil fuel energy consumption.\5\ Underlying the basis for
this conclusion is the manner in which gas consumption is accounted for
in two of the test procedure's efficiency metrics, the part-load fuel
utilization efficiency and the Annual Fuel Utilization Efficiency
(AFUE).
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\5\ The only possible fossil fuel standby mode or off mode
energy use for vented heaters would be the energy consumption
associated with a constant-burning pilot light. Therefore, only gas-
fired vented heaters are a part of this discussion, where the term
``gas-fired'' encompasses both natural gas and propane. Oil-fired
vented heaters do not have pilot lights. In the case of electrical
energy use, all types of vented heaters may have measurable standby
mode and off mode energy use.
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The existing test procedure for vented heaters is a flue loss
procedure which, accordingly, requires measurement of temperatures and
percent concentrations of carbon dioxide (CO2) in the flue.
The fossil fuel and electric input is measured within a tolerance of
the nameplate input.\6\ For units equipped with a constant-burning
pilot light, a separate measurement of energy input to the pilot light
is required. An exception to the pilot light measurement requirement is
granted to manually- controlled heaters where the pilot light is
designed to be turned off by the user when the heater is not in use and
where the unit is labeled with instructions to do so.
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\6\ Nameplate input is the energy supply rate in Btus per hour,
which is physically listed on the tested vented heater. Testing at
this input would be the most appropriate and consistent way to
specify a uniform test input rate.
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From this relatively limited set of data, on-cycle and off-cycle
losses are determined using empirical coefficients and a suite of
calculations that address various design features such as manual and
modulating controls. Direct measurement of draft coefficients for units
that are installed with thermal stack dampers is required. At the
manufacturer's discretion, this direct measurement procedure is
optional for vented heaters without thermal stack dampers. The gas
pilot light consumption is present during testing and is, therefore,
accounted for in the off-cycle.
The test procedure's on-cycle and off-cycle provisions are
essentially identical in meaning to the EISA 2007 statutory definitions
of ``active mode'' and ``standby mode,'' respectively. This on-cycle/
off-cycle format provides a complete accounting of gas energy use
during the entire heating season. In EISA 2007 terminology, gas
consumption in both active mode and standby mode is fully accounted for
and integrated into the test procedure's primary efficiency metric,
part-load fuel utilization efficiency.
A second efficiency descriptor, AFUE, provides an accounting of the
non-heating-season fossil-fuel energy consumption (i.e., pilot light
energy consumption). Non-heating season directly relates to the EISA
2007 definition of ``off mode.'' Accordingly, DOE has tentatively
concluded that the AFUE provides a full accounting of fossil-fuel off
mode energy consumption pursuant to EISA 2007.
Part-load efficiency is calculated for vented heaters with manual
controls and thermal dampers. For all other vented heaters, the
calculations produce an AFUE without separately calculating part-load
efficiency. Nonetheless, regardless of whether part-load efficiency is
separately calculated or not, AFUE represents a full accounting of
annual fossil-fuel consumption (i.e., active mode, standby mode, and
off mode) into a single efficiency descriptor.
In addition to the efficiency descriptors discussed above, the
vented heater test procedure's annual energy consumption calculations
also represent a complete accounting of fossil-fuel energy consumption.
In sum, the energy efficiency and consumption equations in the
existing test procedures for vented heaters provide an entire year's
accounting of fossil-fuel energy consumption (i.e., 8,760 hours),\7\
which includes active mode, standby mode, and off mode energy
consumption, as required under EISA 2007. Given that EISA 2007 does not
prescribe any time periods over which to measure the energy consumption
for all three modes, DOE believes it is reasonable to interpret the Act
as permitting the consolidation of active mode, standby mode, and off
mode together into an entire year's accounting.
---------------------------------------------------------------------------
\7\ Each year comprises 8,760 hours--i.e. (365 days/year) x (24
hours/day) = 8,760 hours/year.
---------------------------------------------------------------------------
In consideration of the above, and pursuant to section 310(2)(A)(i)
of EISA 2007, DOE has tentatively concluded that the existing test
procedures for vented heaters already fully account for and integrate
standby mode and off mode fossil-fuel energy consumption.
2. Specific Amendments for Vented Heaters
Some vented heaters have electric auxiliaries. In most cases, the
only electric auxiliary associated with vented heaters is the air
circulating fan. However, it is conceivable that other auxiliaries,
such as power burners and damper controls, could be present, and such
devices may have associated electric standby mode and off mode energy
consumption. The vented heater test procedure, as written, requires
measurement of maximum auxiliary electric power and does not
distinguish separate measurements of multiple components. For vented
heaters so equipped, this maximum auxiliary electric power measurement
would include the total active wattage of multiple auxiliaries. DOE
believes this single measurement of maximum active wattage coupled with
the estimate of active hours, discussed below in section III.B.3,
constitutes a full accounting of what EISA 2007 refers to as active
mode electrical consumption. Accordingly, no amendments are offered
today to expand the active mode accounting of electrical energy
consumption.
[[Page 52897]]
However, since operation of vented heaters with electric
auxiliaries may also result in electric energy consumption in standby
mode and off mode, and since electric standby mode and off mode are not
accounted for, it will be necessary to amend the vented home heating
equipment test procedures. First, it is necessary to include a
measurement of the standby mode and off mode electrical consumption
rate (i.e., wattages). This can be done by adding a new subsection to
the vented home heating equipment test procedure. Specifically,
separate measurements of standby mode and off mode wattages can be
added to section 3.0, Testing and measurements, of 10 CFR part 430,
subpart B, appendix O. For these provisions, DOE proposes to reference
IEC Standard 62301 for the measurement itself. The added section would
require only one measurement of wattage if there is no difference
between standby mode and off mode. Separate measurements would be
required if a difference is expected. Clarification of the requirement
for separate measurements is provided in section III.B.4.
It is further clarified in this added section that the existing
test procedure specifications for ambient temperature and voltage shall
apply in lieu of the IEC 62301 standard provisions for these
parameters. This is done to avoid the possibility of unnecessary burden
that might result if the slightly different IEC provisions were
required. These parameters have little bearing on the measurement of
electrical standby mode and off mode energy consumption as long as they
are reasonably uniform during the test. The existing test procedure
requires uniform control of these parameters and, thus, should suffice
for these added measurements.
A second amendment is needed to specify how to calculate the annual
electrical standby mode and off mode energy consumption from the
measured wattages. This can be done by adding a new calculation
subsection within existing section 4.0, Calculations, of 10 CFR part
430, subpart B, appendix O. The new subsection would be designated as
4.7, Average annual electric standby mode and off mode energy
consumption. This added subsection would assign mode hours consistent
with the annual accounting already in the test procedure. Specifically,
off mode hours would be assigned the test procedure's value for non-
heating season hours. Standby mode hours would be assigned the test
procedure's value for heating season hours minus the active mode hours,
where active mode hours would be assigned the test procedures value for
burner operating hours.
No changes to the current regulating quotient, AFUE, are proposed.
Therefore, the proposed test procedure amendments related to standby
mode and off mode would not impact testing and certification under the
existing energy conservation standard (which does not currently address
standby mode and off mode energy consumption in a comprehensive
manner). DOE considered proposing an integrated AFUE that would
incorporate the standby mode and off mode energy consumption into the
existing AFUE by adding this additional energy consumption to the
active energy consumption within the AFUE quotient. However, DOE has
determined that such integration is technically infeasible for vented
heaters. This is because the standby mode and off mode energy usage is
essentially not measureable due to the fact that most manufacturers'
ratings of AFUE (as well as the current energy conservation standards)
are presented to the nearest whole number, and the magnitude of the
energy for standby mode and off mode would be so comparatively small
that it would be unlikely to change the reported value. For example,
assuming a representative 4 watts \8\ of standby mode and off mode
power might only represent 0.3 percent of the total active energy
consumption, and it is expected that in most cases, no change in the
reported AFUE would result because of the integration.
---------------------------------------------------------------------------
\8\ DOE does not have complete knowledge of the range of
expected standby wattages for all types of vented heaters at this
time, but it is assumed to be less than the 7-watt average that DOE
has determined for central furnaces. This is because vented heaters
typically do not have as extensive an array of electrical components
and controls as compared to central furnaces. For example, a vented
heater may have one small fan as its only electrical component,
whereas a central furnace might have a larger circulating fan,
electrical power burners, igniters, and considerably more associated
electronic controls.
---------------------------------------------------------------------------
DOE's proposed approach would allow for the measurement of standby
mode and off mode electrical energy consumption of different vented
heater products. Although the magnitude of energy savings may be small
for a given unit, it could be substantial when aggregated across the
full range of covered products over the 30-year analysis period. DOE
plans to further address the standby mode and off mode electrical
energy consumption of vented heaters in the next standards rulemaking.
DOE seeks comment on its tentative conclusion that it would be
technically infeasible to adopt an integrated AFUE for vented heaters,
as well as the accuracy of the assumptions made regarding the relative
magnitude of the standby mode and off mode energy consumption for
vented heaters.
3. Active Mode Hours Approximated by Burner Operating Hours for Vented
Heaters
As mentioned above in section III.B.2, today's proposal would
assign active mode hours of a particular vented heater as its burner
operating hours (BOH). BOH is a calculated value in the existing test
procedure for gas-fired and oil-fired vented heaters. BOH is determined
by estimating the expected annual heating load and deducing the burner
on hours necessary to address the annual heating load. BOH is exactly
the active mode hours for the burner itself. However, the blower and
other electric auxiliaries may have different active mode hours because
of intentional time delays and overruns. This possible slight
inaccuracy in the active mode hours accounting would be expected to
have an insignificant effect on the overall accounting of standby mode
and off mode energy consumption, considering the order of magnitude
difference between standby mode and off mode hours compared to active
mode hours. For example, assuming a representative BOH of 800 hours,
the corresponding standby mode and off mode hours would be 7,960 hours
(8,760-800); accordingly, a one-percent error in BOH would result in a
0.1-percent error in standby mode and off mode accounting. Therefore,
considering the complexity and increased burden of expanding the
accounting to provide detailed auxiliary run hours with no significant
improvement in quantifying the magnitude of standby mode and off mode
energy consumption, DOE maintains that assigning active mode hours for
all electrical auxiliaries as burner operating hours is both uniform
and reasonable.
4. Measurement of Standby Mode and Off Mode Wattages of Vented Heaters
Today's proposed amendments allow for a single wattage (i.e.,
electrical power) measurement to serve as both standby mode wattage and
off mode wattage. DOE has tentatively concluded that this is a
reasonable approach when there is expected to be no difference between
the two modes in terms of wattage. This would be the case for most
vented heater designs where the appliance is not disconnected from the
electric power source or where there is an absence of some other
condition that would affect standby mode and off mode wattage. The
utilization of a seasonal off switch would be a case
[[Page 52898]]
where a reduction or elimination of off mode wattage compared to
standby mode wattage can be expected. On units so equipped, a separate
measurement of off mode wattage would be required, and zero wattage for
off mode would be a distinct possibility. Although DOE is not currently
aware of some other factor or condition that might affect a difference
between standby mode and off mode, a separate measure of off mode
wattage would also be required anytime the wattages are expected to
differ.
DOE believes the phrases ``reduction or elimination'' and
``seasonal off switch'' are unambiguous and clear enough to direct the
testing official as to when a separate measurement of off mode wattage
is needed. DOE invites comments on the appropriateness and workability
of these provisions.
5. Incorporating by Reference IEC Standard 62301 (First Edition 2005-
06) for Measuring Standby Mode and Off Mode Energy Consumption for
Vented Heaters
As noted previously, EPCA, as amended by EISA 2007, requires that
test procedures be amended to include standby mode and off mode energy
consumption, taking into consideration the most current versions of
Standards 62301 and 62087 of the International Electrotechnical
Commission. (42 U.S.C. 6295(gg)(2)(A)) Today's amendments would
reference the IEC Standard 62301 to obtain the standby mode and off
mode measured wattage. The amended test procedure would use these
measured wattages in calculations to accomplish the incorporation of
standby mode and off mode energy consumption into the test procedures.
DOE reviewed the IEC Standard 62301 and believes it is generally
applicable to vented heater testing, although some clarification is
needed. Specifically, because there is a possible conflict with
provisions of the existing procedures, DOE is clarifying in the
proposed standby mode and off mode measurement provisions that the
accuracy and precision provisions of the IEC Standard 62301 are to be
used in lieu of the existing test procedure accuracy provisions. The
issues addressed in the IEC Standard 62301 of supply voltage waveform
and power measurement accuracy apply to any measurement of low
electrical power, including the low-power measurement for vented heater
standby mode and off mode. The existing test procedures' accuracy and
measurement provisions will still apply to the measurement of active
mode electricity consumption. Further, it is clarified that the
existing test procedure's specification of room ambient temperature and
voltage, and not the corresponding specifications of the IEC Standard,
will apply for these measurements. The IEC specification of room
ambient conditions is slightly more restrictive than those of the
existing DOE test procedure. However, DOE has tentatively concluded
that there would be no meaningful difference in wattage measurement
resulting from the two differing specifications. Overall, IEC Standard
62301 is concise and well organized, and its use should not pose a
significant burden to anyone having the ordinary skill and knowledge
associated with the vented heater manufacturing and testing industries.
DOE also reviewed IEC Standard 62087, which specifies methods of
measuring the power consumption of television (TV) receivers, video
cassette recorders (VCRs), set top boxes, audio equipment, and multi-
function equipment for consumer use. IEC Standard 62087 does not,
however, include measurement for the power consumption of electrical
appliances such as vented heaters. Therefore, DOE has tentatively
concluded that IEC Standard 62087 is unsuitable for use regarding the
proposed amendments to the vented heater test procedures.
C. Proposed Test Procedure Amendments for Unvented Heaters
Consistent with the requirements of EISA 2007, today's proposal
also includes test procedure amendments to address the standby mode and
off mode energy consumption of unvented heaters. These amendments are
less involved, as compared to those for vented heaters. Specifically,
to effect the necessary changes for unvented heaters, DOE proposes to
add only certain measurement provisions to the existing test procedure.
DOE has tentatively concluded that no added or amended calculations to
quantify annual standby mode and off mode energy use are necessary. The
reasons for this approach are discussed below in detail. DOE believes
that its proposed amendments are appropriate for unvented heater
products and are consistent with the direction provided in EISA 2007
for both test procedures and standards. (42 U.S.C. 6295(gg)(2) and (3))
By way of background, the unvented heater test procedure is found
at 10 CFR 430.23(g) and 10 CFR part 430, subpart B, appendix G. This
test procedure applies to the active mode of both electric and fossil-
fueled unvented heaters, and it only requires measurement of input
energy rate (e.g., Btu's/hour). Output energy rate is simply equated to
input energy rate, because all the input energy is delivered to the
heated space as useful heat. This energy rate is converted by
mathematical constants to either dollars per million Btu's output and/
or annual energy consumption. (Annual energy consumption is calculated
only for heaters that are the primary heating source for the entire
house. Supplemental heaters only require calculation of dollars per
million Btu's.) As currently written, this test procedure generally
reflects the lack of any appreciable energy performance difference
among models of this product subcategory. This product subcategory has
not been subject to any labeling requirements or energy conservation
standards, because of the lack of appreciable performance difference as
would support regulation. As mentioned above, pursuant to EISA 2007,
DOE must now include provisions to measure standby mode and off mode
energy use in the test procedures used for these and many other
products. This brings up the question of whether unvented heaters use
energy in standby mode or off mode and whether this energy consumption
might be regulated. DOE anticipates that such test procedure amendments
could identify an opportunity for energy performance improvements in
unvented heater models, which would in turn require DOE to consider
regulating this energy performance.
DOE realizes that this product subcategory presents a unique set of
circumstances when addressing the applicable provisions of EISA 2007,
particularly the requirement to eventually include standby mode and off
mode energy consumption in a future energy conservation standard.
First, unlike other test procedures, appendix G does not include energy
efficiency or energy use metrics that would allow for the integration
of standby mode and off mode energy use. Instead, it merely provides a
measure of energy consumption for that unit. As a consequence, there
currently exists no basis to establish what EISA 2007 would call a
single or integrated standard for the energy efficiency of unvented
heaters.
Second, standby mode energy use (defined as energy use during the
heating season when the heater is not on) is as effective in heating
the space as active mode energy use. Therefore, this energy consumption
is not energy waste, but, rather, it is useful output. Accordingly, it
may not be beneficial to measure this energy use or appropriate to
consider its regulation in an energy conservation standard, unless it
is
[[Page 52899]]
properly considered as part of the overall system.
Finally, off mode energy consumption (defined as non-heating-season
energy consumption) could be considered ineffective energy use and,
accordingly, could be minimized by prescribing a separate energy
conservation standard. However, defining a representative off mode for
this subcategory is difficult because of the lack of data on consumer
use. For example, prior to the present rulemaking proceeding, DOE has
not been aware of data, or attempted to collect data, on the fraction
of the year unvented heaters might be unplugged or otherwise
disconnected from the energy source, and the extent to which pilot
lights are turned off during the non-heating season.
This unique set of circumstances formed the basis of an inquiry to
nine manufacturers of unvented heaters, a number which DOE believes
would provide representative input from the affected industry.
Specifically, a request for information regarding possible standby mode
and off mode energy use for unvented heaters was sent to manufacturers
in March 2009. This request for information outlined the issue and
asked specific questions designed to aid DOE in addressing the
requirements of EISA 2007 for these products. The letter and responses
received are available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/water_pool_heaters_tp_nopr.html.
Basically, all respondents agreed as to the unique set of
circumstances for this product type. The respondents reported that
standby mode and off mode energy use is present in some designs of
unvented heaters. Specifically, fossil-fueled unvented heaters could
have constant-burning pilot lights and electric remote controls, both
of which would contribute to standby mode and off mode energy use.
Similarly, electric heaters could have remote controls that would
contribute to off mode energy use. All respondents agreed that it is
difficult to define an average representative use cycle for these
products, particularly in the off mode. One respondent, the Association
of Home Appliance Manufacturers (AHAM), suggested that the off mode be
ignored entirely for portable electric heaters, considering the
evidence of these units being unplugged when not in use. Specifically,
AHAM stated that consumer data, collected by The Stevenson Group for
AHAM in 2004, reports that 86 percent of the consumers unplug their
portable electric heaters per the safety instructions. (AHAM, No. 2 at
pp. 1-2)
In consideration of all of above, DOE believes that the best way to
satisfy the EISA 2007 test procedure requirements is to propose
additional measurement provisions for standby mode and off mode energy
rates without attempting to define an average representative use cycle.
The added measurement provisions for pilot lights would be similar
those already incorporated in vented heater test procedure. The added
measurement provisions for electrical standby mode and off mode energy
use rates would be similar to what is proposed today for vented
heaters. Both of these added provisions would allow for exemption from
measurement if there is means to disconnect the power source when not
in use and instructions to do so are clearly visible. This exemption
from measurement is identical to what is currently in the existing
vented heater test procedures as applied to pilot lights on manually-
controlled heaters. DOE believes this exemption from measurement should
apply to unvented heaters so equipped.
The proposed approach does not relinquish DOE's authority to
regulate unvented direct heating equipment, given the statutory
directive to consider amended standards for ``direct heating
equipment'' generally. (42 U.S.C. 6295(e)) The results of the
additional measurements provisions could be used to regulate standby
mode and off mode energy use for these products.
DOE is interested in receiving comment on its tentative decision
not to define a representative use cycle for unvented heaters and the
sufficiency of the proposed amendments. DOE is particularly interested
in data that might allow for more complete treatment of unvented
heaters.
D. Proposed Test Procedure Amendments for Pool Heaters
As indicated above, EISA 2007 requires amendment of the test
procedures for pool heaters to account for standby mode and off mode
energy consumption. The applicable pool heater test procedure is found
at 10 CFR 430.23(p) and 10 CFR part 430, subpart B, appendix P. As
explained below, consumption of fossil fuel in the standby mode is
already included in the existing test procedure's calculations.
However, DOE is proposing to add a specific measurement procedure for
fossil-fuel standby mode and off mode energy consumption, because there
is currently no protocol for actual measurement of such energy
consumption. In addition, measurement and calculation provisions need
to be added for off mode fossil-fuel energy consumption. Furthermore,
the test procedures need additional measurement and calculation
provisions to integrate electrical standby mode and off mode energy
use, as required by EISA 2007. The sections below explain the existing
test procedure's requirements for measuring the fossil-fuel and
electrical energy consumption of pool heaters, followed by a discussion
of DOE's proposed amendments pertaining to the measurement of standby
mode and off mode energy consumption for these products.
1. Treatment of Fossil-Fuel Consumption in Existing Test Procedures for
Pool Heaters
The existing DOE test procedure for pool heaters is based on a
steady-state measure of thermal efficiency in active mode, as specified
by ANSI Standard Z21.56-1994, ``Gas-Fired Pool Heaters.'' (It is noted
that ``thermal efficiency'' is specified by statute as the regulating
efficiency descriptor. (42 U.S.C. 6291(22)) It is also noted that the
current version of this ANSI standard was released in 2006. Upon
review, DOE found no substantive differences between the 1994 version
and the 2006 version, and accordingly, DOE is proposing to update the
incorporation by reference in DOE's regulations at 10 CFR 430.3.) The
DOE pool heater test procedure as it now appears in 10 CFR part 430,
subpart B, appendix P extends this ANSI procedure by creating a heating
seasonal efficiency descriptor (EFFYHS). The heating
seasonal efficiency accounts for active and standby modes of fossil-
fuel energy consumption, and unlike thermal efficiency, it also
accounts for auxiliary electrical energy consumption in the active
mode, which is identified in the test procedure as the period of time
when the main heating device is energized.
Fossil-fuel energy consumption in the standby mode, which is
essentially the pilot light energy consumption (QP), is
included in the existing test procedure's calculations of heating
seasonal efficiency. The term Qp is currently included in
the test procedures' equations without a specified protocol to
ascertain the value of Qp. No default value for
Qp is specified, so it is not clear how this value is
obtained. Accordingly, today's proposal would provide a method by which
to measure the pilot light energy consumption to help quantify fossil
fuel consumption in the standby mode.
The existing test procedures' heating seasonal efficiency includes
an accounting of fossil-fuel standby mode that DOE believes is
consistent with
[[Page 52900]]
EISA 2007 guidance for standby mode. Specifically, standby mode is when
the pool heater is connected to the main power source but the heater's
main heating device is not functioning. The test procedure establishes
that the duration of the standby mode is equivalent to the number of
pool operating hours (POH) during the year (4,464 hours) minus the
burner operating hours (BOH = 104 hours), where 4,464 and 104 are
assigned values already in the existing test procedure. DOE believes
this accounting is consistent with EISA 2007 and, accordingly, should
remain as the basis of incorporating standby mode. Under today's
modified approach, the active mode rate of consumption would be
multiplied by the time during which the pool heater is in the active
mode, and the standby mode rate of consumption would be multiplied by
the time during which the pool heater is in the standby mode.
The existing DOE pool heater test procedure does not account for
off mode fossil-fuel energy consumption (i.e., the amount of energy
used when the pool heater is not in service). Off mode operation would
occur outside the pool heating season that is currently described in
the test procedure by the average number of pool operating hours during
the year, which is defined as 4,464 h per year throughout the country.
The pilot light energy consumption during this period would be an
example of off mode fossil-fuel energy consumption. Under the modified
approach, DOE proposes to now include off mode fossil-fuel energy
consumption measurement provisions and to incorporate the results into
the test procedures' energy usage and efficiency equations. Again,
under today's modified approach, the off mode rate of consumption would
be multiplied by the time during which the pool heater is in the off
mode. However, for pool heaters with a seasonal off switch, off mode
fossil-fuel energy consumption would be assigned a value of zero.
2. Treatment of Electricity Consumption in Existing Test Procedures for
Pool Heaters
As mentioned in section III.D.1, the electricity consumption during
active mode is incorporated in the heating seasonal efficiency
descriptor, but electricity consumption during the standby mode or off
mode is not considered in the existing DOE pool heater test procedure.
Under the modified approach, DOE proposes to introduce standby mode and
off mode electrical energy consumption measurement provisions and to
incorporate the results into the test procedures' energy usage and
efficiency equations. However, for pool heaters with a seasonal off
switch, off mode electrical energy consumption would be assigned a
value of zero.
3. Measurement of Standby Energy Consumption in ANSI/ASHRAE Standard
146-2006
ANSI/ASHRAE Standard 146-2006, ``Method of Testing and Rating Pool
Heaters,'' extends the procedure specified by ANSI Standard Z21.56 by
including a test in which the energy consumption in standby mode is
measured. During this 60-minute standby test, the thermostat setting
for the pool heater is set low enough so that the pool heater does not
enter active mode during the test. The total electricity and natural
gas energy consumption is measured over this 60-minute period and added
to provide a metric for standby mode energy consumption. Today's NOPR
proposes to adopt a similar approach to measure standby mode and off
mode energy consumption. DOE believes that ANSI/ASHRAE 146-2006 cannot
be adopted ``as-is'' because there are some terminology differences
specific to implementation of the requirements of EISA 2007. For
example, there is no measurement or definition of ``off mode'' in ANSI/
ASHRAE 146-2006.
4. Specific Amendments for Pool Heaters
The proposed amendments to appendix P would modify the existing
test procedure by adding a standby mode energy consumption measurement
that is similar to that used in the ASHRAE Standard 146, ``Method of
Testing for Rating Pool Heaters,'' but that is tailored to address the
specific concepts of EISA 2007. Specifically, a definition section
would be added to the test procedure to clarify the EISA 2007
definitions of ``active mode,'' ``standby mode,'' and ``off mode,'' as
applied to pool heaters. Separate measurement and calculation
provisions would be added to allow separate quantification of standby
mode and off mode energy consumption. A new efficiency descriptor,
integrated thermal efficiency, would replace the heating seasonal
efficiency to allow for integration of standby mode and off mode energy
consumption into a single efficiency measure. The term ``integrated
thermal efficiency'' is used to maintain consistency with the statute.
This approach would allow for the integration and incorporation of
standby mode and off mode energy consumption into both the test
procedure and an energy conservation standard, as called for in 42
U.S.C. 6295(gg)(2)(A) and 42 U.S.C. 6295(gg)(3) respectively. The
thermal efficiency descriptor will remain in the test procedure to
provide the regulating basis for the current energy conservation
standard.
Unlike the integrated AFUE for vented heaters discussed above, DOE
has tentatively concluded that the integrated thermal efficiency is
technically feasible and would provide measurable performance
differentiation, because the added standby mode and off mode energy
consumption is significant relative to the active energy consumption of
the original thermal efficiency. There are two contributing factors to
this conclusion: (1) The added energy consumption includes both fossil
fuel and electrical energy consumption, and (2) the active energy
consumption is relatively smaller because of the smaller number of
active mode hours for pool heaters as compared to vented heaters. As a
result, the pilot light alone would be expected to have the effect of
reducing the thermal efficiency by a few percentage points.
Additionally, the proposed amendments to appendix P would update
the references to ANSI Standard Z21.56-2006, the most recent version of
that standard. As noted above, DOE has compared this version with the
currently-referenced version from 1994 and found no substantive
differences between the two test methods.
5. Incorporating by Reference IEC Standard 62301 (First Edition 2005-
06) for Measuring Standby Mode and Off Mode Energy Consumption for Pool
Heaters
As noted previously, EPCA, as amended by EISA 2007, requires that
DOE test procedures be amended to include standby mode and off mode
energy consumption, taking into consideration the most current versions
of Standards 62301 and 62087 of the International Electrotechnical
Commission. (42 U.S.C. 6295(gg)(2)(A)) Today's amendments to the pool
heater test procedure would incorporate by reference IEC Standard 62301
to obtain the standby mode and off mode measured wattage. Today's
proposed test procedure amendments would use these measured wattages in
calculations to accomplish the incorporation of standby mode and off
mode energy consumption into the test procedures.
DOE is proposing the following clarifications to avoid any
conflicts between the existing test procedure and IEC Standard 62301.
First, DOE proposes to clarify that the room ambient temperature and
voltage
[[Page 52901]]
specifications of the existing test procedure would suffice to carryout
the new wattage measurements and should continue to be used rather than
the corresponding specifications of room ambient temperature and
voltage in IEC Standard 62301. DOE has tentatively concluded that there
would be no meaningful difference in the wattage measurement resulting
from the slightly differing specifications for room ambient temperature
and voltage. Second, DOE would clarify that the accuracy and
measurement provisions of IEC Standard 62301 are appropriate for these
measurements and would supersede the corresponding provisions of the
existing test procedure. DOE believes the issues addressed in section 5
of IEC Standard 62301, related to supply voltage waveform and power
measurement accuracy, would apply to any measurement of low electrical
power, including the low-power measurement for pool heater standby mode
and off mode. The existing test procedure's accuracy and measurement
provisions will still apply to the measurement of active mode
electricity consumption. In general, DOE believes IEC Standard 62301 is
concise and well organized and would not impose a significant burden,
given the considerable skill and knowledge base present in the pool
heater manufacturing and associated testing industries.
DOE also reviewed IEC Standard 62087, which specifies methods of
measuring the power consumption of TV receivers, VCRs, set top boxes,
audio equipment, and multi-function equipment for consumer use. IEC
Standard 62087 does not, however, include measurement for the power
consumption of electrical appliances such as pool heaters. Therefore,
DOE has tentatively concluded that IEC Standard 62087 is unsuitable for
use regarding the proposed amendments to the pool heater test
procedures.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Today's proposed rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this proposed action
was not subject to review under the Executive Order by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, would not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE's
procedures and policies may be viewed on the Office of the General
Counsel's Web site (http://www.gc.doe.gov).
DOE reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. This proposed rule would prescribe test procedure
amendments that would be used to determine compliance with energy
conservation standards for the products that are the subject of this
rulemaking. Although DOE considers test procedure amendments for
residential water heaters, direct heating equipment, and pool heaters
in this rulemaking, DOE proposes amendments to the test procedures for
pool heaters and direct heating equipment only. For the reasons stated
earlier in the preamble, DOE has tentatively determined that amendments
to the test procedure for water heaters are not necessary.
The Small Business Administration (SBA) considers an entity to be a
small business if, together with its affiliates, it employs less than a
threshold number of workers specified in 13 CFR part 121. The threshold
values set forth in these regulations use size standards and codes
established by the North American Industry Classification System
(NAICS) that are available at http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. The threshold number
designation as a small business under NAICS classification 333414,
titled ``Heating Equipment (Except Warm Air Furnaces) Manufacturing,''
is 500 employees. This classification specifically includes
manufacturers of direct heating equipment and pool heaters.
Concurrent to this rulemaking for test procedures, DOE has been in
the process of developing amended energy conservation standards for the
products covered in this rulemaking. On December 11, 2009, DOE
published a Notice of Proposed Rulemaking and Public Meeting for Energy
Conservation Standards for Residential Water Heaters, Direct Heating
Equipment, and Pool Heaters in the Federal Register. 74 FR 65852. This
notice inaccurately stated that the applicable NAICS classification
number for pool heaters is 335228. As these rulemakings apply to the
same sets of products, the DOE believes clarification is both necessary
and appropriate. Additionally, DOE has included a similar notification
regarding the correct NAICS classification number in the context of the
final rule for Energy Conservation Standards for Residential Water
Heaters, Direct Heating Equipment, and Pool Heaters. The standards
final rule was issued on March 31, 2010 and was published in the
Federal Register on April 16, 2010. 75 FR 20112.
In the December 11, 2009 NOPR for energy conservation standards,
DOE identified 12 small DHE manufacturers and one small pool heater
manufacturer that can be considered small businesses. Pool heater
manufacturers and the vented heater manufacturers of the DHE product
class are the same as identified in the standards notice. An estimate
of the number of manufacturers of unvented heaters was not developed as
part of the standards analysis because, for reasons stated in the 2009
NOPR, DOE believes it is unnecessary to set minimum efficiency
standards for unvented DHE. 74 FR 65852, 65866 (Dec. 11, 2009). Based
on its interviews with manufacturers, DOE has tentatively determined
that there are three unvented DHE manufactures considered small
businesses.
For the reasons explained below, DOE has tentatively concluded that
the proposed rule would not have a significant impact on either small
or large manufacturers under the applicable provisions of the
Regulatory Flexibility Act. The proposed rule would amend DOE's test
procedures for direct heating equipment and pool heaters by
incorporating testing provisions to address standby mode and off mode
energy consumption. The proposed procedures involve measuring power
input when the direct heating equipment or pool heater is in standby
mode and off mode during testing. Pool heater proposed test procedure
amendments would require measurement of both fossil fuel and electric
energy use in standby mode and off mode. DHE proposed test procedure
amendments would require measurement of only electrical energy use in
standby mode and off mode.
[[Page 52902]]
These tests can be conducted in the same facilities used for the
current energy testing of these products, so there would be no
additional facilities costs required by the proposed rule. In addition,
while the power meter proposed to be required for these tests might
require greater accuracy than the power meter used for current energy
testing, the investment required for a possible instrumentation upgrade
would be modest. It is likely that the manufacturers, or their testing
facilities, already have equipment that meets the requirements of IEC
62301, but an Internet search of equipment that specifically meets the
requirements of IEC 62301 reveals a cost of approximately $2,700 to
$3,000. This cost is small compared to the overall financial investment
needed to undertake the business enterprise of testing consumer
products which involves facilities, qualified staff, and specialized
equipment.
The duration of the electrical standby mode and off mode testing
for DHE is also short, approximately five minutes if the power supply
is stable and ten minutes if the power supply is not stable. For
example, testing with unstable power supply might require five minutes
to determine that it is in fact unstable followed by an additional
integrated test measurement of five minutes. The duration of the fossil
fuel and electrical standby mode and off mode test proposed for pool
heaters is one hour. This one hour time period is consistent with the
industry consensus for such measurement (i.e., the ASHRAE Standard
146), and, is not a significant extension of the DOE existing test
procedures. The existing DOE test procedure requires, in addition to
set-up, an establishment of steady state conditions that might approach
2 hours followed by the actual thermal efficiency test for 30 minutes.
The proposed standby test could begin immediately following the thermal
efficiency test and therefore, would not require additional set up,
instrumentation, or waiting period. The testing official could run
simultaneous tests on other units and simply record the results of the
test at the end of the 60 minute standby period. For these reasons, DOE
believes that the proposed requirements for equipment and time to
conduct the additional tests would not be expected to impose a
significant economic impact on affected entities, regardless of size.
Accordingly, DOE tentatively concludes and certifies that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this rulemaking. DOE will provide
its certification and supporting statement of factual basis to the
Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) which has been approved by OMB
under control number 1910-1400. Public reporting burden for compliance
reporting for energy and water conservation standards is estimated to
average 30 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to DOE (see ADDRESSES) and by e-
mail to [email protected].
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this rulemaking, DOE is proposing test procedure amendments that
it expects would be used to develop and implement future energy
conservation standards for residential direct heating equipment and
pool heaters. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this
proposed rule would amend the existing test procedures for these
products without changing their environmental effects, and, therefore,
it is covered by Categorical Exclusion A5 in 10 CFR part 1021, subpart
D, which applies because this rule would establish revisions to
existing test procedures that would not affect the amount, quality, or
distribution of energy usage, and, therefore, would not result in any
environmental impacts. Accordingly, neither an environmental assessment
nor an environmental impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 10, 1999). The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States, and to carefully
assess the necessity for such actions. The Executive Order also
requires agencies to have an accountable process to ensure meaningful
and timely input by State and local officials in the development of
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process that it will follow in
developing such regulations. 65 FR 13735. DOE has examined this
proposed rule and determined that it would not have a substantial
direct effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of today's proposed
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
Therefore, Executive Order 13132 requires no further action.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation clearly specifies the following:
(1) The preemptive effect, if any; (2) any effect on existing Federal
law or regulation; (3) a clear legal standard for affected conduct
while promoting simplification and burden reduction; (4) the
retroactive effect, if any; (5) definitions of key terms; and
[[Page 52903]]
(6) other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires Executive agencies to review regulations
in light of applicable standards in sections 3(a) and 3(b) to determine
whether they are met or whether it is unreasonable to meet one or more
of them. DOE has completed the required review and determined that, to
the extent permitted by law, this proposed rule meets the relevant
standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and Tribal
governments and the private sector. For a proposed regulatory action
likely to result in a rule that may cause the expenditure by State,
local, and Tribal governments, in the aggregate, or by the private
sector of $100 million or more in any one year (adjusted annually for
inflation), section 202 of UMRA requires a Federal agency to publish
estimates of the resulting costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a),(b)) UMRA also requires a Federal
agency to develop an effective process to permit timely input by
elected officers of State, local, and Tribal governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity for timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect such governments. On March 18,
1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is
also available at http://www.gc.doe.gov). Today's proposed rule
contains neither an intergovernmental mandate nor a mandate that may
result in an expenditure of $100 million or more in any year, so these
requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
Today's proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 15, 1988), DOE has determined that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (Pub. L. 106-554; 44 U.S.C. 3516 note) provides for agencies
to review most disseminations of information to the public under
guidelines established by each agency pursuant to general guidelines
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22,
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7,
2002). DOE has reviewed today's notice under OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgates or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's proposed
regulatory action to amend the test procedures for residential direct
heating equipment and pool heaters to address standby mode and off mode
energy use is not a significant regulatory action under Executive Order
12866. It has likewise not been designated as a significant energy
action by the Administrator of OIRA. Moreover, it would not have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal
Energy Administration Act of 1974, as amended by the Federal Energy
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the rulemaking
must inform the public of the use and background of such standards. In
addition, section 32(c) requires DOE to consult with the Attorney
General and the Chairman of the Federal Trade Commission (FTC)
concerning the impact of the commercial or industry standards on
competition.
The proposed modifications to the test procedures addressed by this
proposed rule incorporate testing methods contained in the commercial
standards, the International Electrotechnical Commission (IEC) Standard
62301, ``Household electrical appliances--Measurement of standby
power,'' Publication 62301 First Edition 2005-06 and ``American
National Standards Institute (ANSI) Standard Z21.56-2006, ``Gas-Fired
Pool Heaters.'' DOE has evaluated these standards and is unable to
conclude whether they fully comply with the requirements of section
32(b) of the FEAA (i.e., whether it was developed in a manner that
fully provides for public participation, comment, and review). DOE will
consult with the Attorney General and the Chairman of the FTC about the
impact of these test procedures on competition, before prescribing a
final rule.
V. Public Participation
A. Attendance at the Public Meeting
The time, date, and location of the public meeting are listed in
the DATES and ADDRESSES sections at the beginning of this NOPR. To
attend the public meeting, please notify Ms. Brenda Edwards at (202)
586-2945. As explained in the ADDRESSES section,
[[Page 52904]]
foreign nationals visiting DOE Headquarters are subject to advance
security screening procedures.
B. Procedure for Submitting Requests to Speak
Any person who has an interest in the topics addressed in this
notice, or who is a representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the public meeting. Such persons may hand-deliver
requests to speak to the address shown in the ADDRESSES section at the
beginning of this notice between 9 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Requests may also be sent by mail or
e-mail to: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, or [email protected]. Persons who
wish to speak should include with their request a computer diskette or
CD-ROM in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format
that briefly describes the nature of their interest in this rulemaking
and the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
DOE requests persons scheduled to make an oral presentation to
submit an advance copy of their statements at least one week before the
public meeting. DOE may permit persons who cannot supply an advance
copy of their statement to participate, if those persons have made
advance alternative arrangements with the Building Technologies
Program. As necessary, requests to give an oral presentation should ask
for such alternative arrangements.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). There shall not be discussion of proprietary information, costs
or prices, market share, or other commercial matters regulated by U.S.
anti-trust laws. A court reporter will be present to record the
proceedings and prepare a transcript.
The public meeting will be conducted in an informal, conference
style. DOE reserves the right to schedule the order of presentations
and to establish the procedures governing the conduct of the public
meeting. DOE will present summaries of comments received before the
public meeting, allow time for presentations by participants, and
encourage all interested parties to share their views on issues
affecting this rulemaking. Each participant will be allowed to make a
prepared general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will permit other
participants to comment briefly on any general statements. At the end
of all prepared statements on each specific topic, DOE will permit
participants to clarify their statements briefly and to comment on
statements made by others.
Participants should be prepared to answer DOE's and other
participants' questions. DOE representatives may also ask participants
about other matters relevant to this rulemaking. The official
conducting the public meeting will accept additional comments or
questions from those attending, as time permits. The presiding official
will announce any further procedural rules or modification of the above
procedures needed for the proper conduct of the public meeting. After
the public meeting, interested parties may submit further comments on
the proceedings as well as on any aspect of the rulemaking until the
end of the comment period.
DOE will make the entire record of this proposed rulemaking,
including the transcript from the public meeting, available for
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Copies of the
transcript will be posted on the DOE Web site and are also available
for purchase from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding the
proposed rule before or after the public meeting, but no later than
November 15, 2010. Comments, data, and information submitted to DOE's
e-mail address for this rulemaking should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Stakeholders should
avoid the use of special characters or any form of encryption, and
wherever possible, comments should include the electronic signature of
the author. Comments, data, and information submitted to DOE via mail
or hand delivery/courier should include one signed paper original. No
telefacsimiles (faxes) will be accepted.
Pursuant 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 that
includes all of the information believed to be confidential, and one
copy of the document with that information deleted. DOE will make its
own determination as to the confidential status of the information and
treat it accordingly.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information was previously made available to others without obligation
concerning its confidentiality; (5) an explanation of the competitive
injury to the submitting person that would result from public
disclosure; (6) when such information might lose its confidential
nature due to the passage of time; and (7) why disclosure of the
information would be contrary to the public interest.
E. Issues on Which DOE Seeks Comment
Although comments are welcome on all aspects of this rulemaking,
DOE is particularly interested in receiving comments and views of
interested parties on the following issues:
1. Incorporation of IEC Standard 62301. DOE invites comment on the
adequacy of IEC Standard 62301 to measure standby mode and off mode
power for vented heaters, unvented heaters, and pool heaters.
2. No Need to Amend Water Heater Test Procedures. DOE invites
comment on its tentative conclusion that the current test procedures
for water heaters already fully account for and incorporate measurement
of standby mode and off mode energy consumption, as required by EISA
2007.
3. Updated Reference for Pool Heater Testing. DOE invites comment
on the updated version of American National Standards Institute (ANSI)
Standard Z21.56-2006, ``Gas-Fired Pool Heaters,'' and whether it
constitutes any substantive change relative to the 1994 version of ANSI
Standard Z21.56 currently referenced in the existing test procedure.
4. Integrated AFUE for Vented Heaters. DOE seeks comment on its
tentative conclusion that it would be technically infeasible to adopt
an integrated AFUE for vented heaters, as well as the accuracy of the
assumptions made regarding the relative magnitude of the standby mode
and off mode energy consumption for vented heaters.
[[Page 52905]]
5. Integrated Thermal Efficiency for Pool Heaters. DOE seeks
comment on the proposed efficiency descriptor, integrated thermal
efficiency, that would allow for integration of standby mode and off
mode energy consumption into a single efficiency measure, and whether
this approach would allow for the integration and incorporation into
the test procedure and an energy conservation standard, as called for
in 42 U.S.C. 6295(gg)(2)(A) and 42 U.S.C. 6295(gg)(3) respectively.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on August 20, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of chapter II, subchapter D of title 10 of the Code of Federal
Regulations, to read as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
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.
2. Section 430.3 is amended by revising paragraph (c)(13) to read
as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(c) * * *
(13) ANSI Z21.56-2006 (``ANSI Z21.56''), Standard for Gas-Fired
Pool Heaters, approved December 13, 2005, IBR approved for Appendix P
to Subpart B.
* * * * *
Sec. 430.23 [Amended]
3. Section 430.23 is amended by:
a. Removing the words ``section 4.2 of appendix P'' in paragraph
(p)(1)(i) and adding in their place ``section 5.2 of appendix P'', and
b. Removing the words ``section 4.3 of appendix P'' in paragraph
(p)(1)(ii) and adding in their place ``section 5.3 of appendix P''.
Appendix G to Subpart B--[Amended]
4. Appendix G to Subpart B of Part 430 is amended in section 2 by
adding new sections 2.3, 2.3.1, 2.4, and 2.4.1 to read as follows:
Appendix G to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Unvented Home Heating Equipment
* * * * *
2. Testing and measurements.
* * * * *
2.3 Pilot light measurement. Except as provided in section
2.3.1, measure the energy input rate to the pilot light
(Qp), with an error no greater than 3 percent, for
unvented heaters so equipped.
2.3.1 The measurement of Qp is not required for
unvented heaters where the pilot light is designed to be turned off
by the user when the heater is not in use (i.e., for units where
turning the control to the OFF position will shut off the gas supply
to the burner(s) and the pilot light). This provision applies only
if an instruction to turn off the unit is provided on the heater
near the gas control value (e.g., by label) by the manufacturer.
2.4 Electrical standby mode power measurement. Except as
provided in section 2.4.1, for all electric heaters and unvented
heaters with electrical auxiliaries, measure the standby power
(PSB) in accordance with the procedures in the
International Electrotechnical Commission (IEC) Standard 62301,
``Household electrical appliances--Measurement of standby power,''
Publication 62301 First Edition 2005-06 (incorporated by reference;
see Sec. 430.3), with all electrical components not activated.
Voltage shall be as specified in section 1.4.1 Electrical supply of
this appendix.
2.4.1 The measurement of PSB is not required for
heaters designed to be turned off by the user when the heater is not
in use (i.e., for units where turning the control to the OFF
position will shut off the electrical supply to the heater). This
provision applies only if an instruction to turn off the unit is
provided on the heater (e.g., by label) by the manufacturer.
* * * * *
Appendix O to Subpart B--[Amended]
5. Appendix O to Subpart B of Part 430 is amended by:
a. Adding a Note after the heading;
b. Redesignating sections 1.1 through 1.33 as follows:
------------------------------------------------------------------------
Old sections New sections
------------------------------------------------------------------------
1.1 to 1.14............................... 1.2 to 1.15.
1.15 to 1.19.............................. 1.17 to 1.21.
1.20 and 1.21............................. 1.23 and 1.24.
1.22 to 1.25.............................. 1.26 to 1.29.
1.26 to 1.33.............................. 1.31 to 1.38.
------------------------------------------------------------------------
c. Adding new sections 1.1, 1.16, 1.22, 1.25 and 1.30;
d. Adding new sections 3.7, 3.7.1, and 3.7.2; and
e. Revising sections 4.6.3 and 4.6.3.1, and adding a new section
4.7.
The additions and revisions read as follows:
Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Vented Home Heating Equipment
Note: The procedures and calculations that refer to standby
mode and off mode energy consumption, (i.e., sections 3.7 and 4.7 of
this appendix O) need not be performed to determine compliance with
energy conservation standards for vented heaters at this time.
However, any representation related to standby mode and off mode
energy consumption of these products made after [date 180 days after
date of publication of the test procedure final rule in the Federal
Register] must be based upon results generated under this test
procedure, consistent with the requirements of 42 U.S.C. 6293(c)(2).
After July 1, 2010, any adopted energy conservation standard shall
incorporate standby mode and off mode energy consumption, and upon
the compliance date for such standards, compliance with the
applicable provisions of this test procedure will also be required.
1.0. Definitions.
1.1 ``Active mode'' means the condition during the heating
season in which the vented heater is connected to the power source,
and either the burner or any electrical auxiliary is activated.
* * * * *
1.16 ``IEC 62301'' means the test standard published by the
International Electrotechnical Commission, titled ``Household
electrical appliances--Measurement of standby power,'' Publication
62301 First Edition 2005-06. (incorporated by reference; see Sec.
430.3)
* * * * *
1.22 ``Off mode'' means the condition during the non-heating
season in which the vented heater is connected to the power source,
and neither the burner nor any electrical auxiliary is activated.
* * * * *
1.25 ``Seasonal off switch'' means the control device, such as a
lever or toggle, on the vented heater that affects a difference in
off mode energy consumption as compared to standby mode consumption.
* * * * *
1.30 ``Standby mode'' means the condition during the heating
season in which the vented heater is connected to the power source,
and neither the burner nor any electrical auxiliary is activated.
* * * * *
3.0 Testing and measurements.
* * * * *
3.7 Measurement of electrical standby mode and off mode power.
3.7.1 Standby power measurements. With all electrical
auxiliaries of the vented heater
[[Page 52906]]
not activated, measure the standby power (PSB) in
accordance with the procedures in IEC 62301 (incorporated by
reference, see Sec. 430.3), except that section 2.9, Room ambient
temperature, and the voltage provision of section 2.3.5, Electrical
supply, of this appendix shall apply in lieu of the IEC 62301
corresponding sections 4.2, Test room, and 4.3, Power supply.
Clarifying further, the IEC 62301 sections 4.5, Power measurement
accuracy, and section 5, Measurements, shall apply in lieu of
section 2.8, Energy flow instrumentation, of this appendix. Measure
the wattage so that all possible standby mode wattage for the entire
appliance is recorded, not just the standby mode wattage of a single
auxiliary.
3.7.2 Off mode power measurement. If the unit is equipped with a
seasonal off switch or there is an expected difference between off
mode power and standby mode power, measure off mode power
(POFF) in accordance with the standby power procedures in
IEC 62301 (incorporated by reference, see Sec. 430.3), except that
section 2.9, Room ambient temperature, and the voltage provision of
section 2.3.5, Electrical supply, of this appendix shall apply in
lieu of the IEC 62301 corresponding sections 4.2, Test room, and
4.3, Power supply. Clarifying further, the IEC 62301 sections 4.5,
Power measurement accuracy, and section 5, Measurements, shall apply
in lieu of section 2.8, Energy flow instrumentation, of this
appendix. Measure the wattage so that all possible standby mode
wattage for the entire appliance is recorded, not just the standby
mode wattage of a single auxiliary. If there is no expected
difference in off mode power and standby mode power, let
POFF = PSB, in which case no separate
measurement of off mode power is necessary.
4.0 Calculations.
* * * * *
4.6.3 Average annual auxiliary electrical energy consumption for
vented heaters. For vented heaters with single stage controls or
manual controls, the average annual auxiliary electrical consumption
(EAE) is expressed in kilowatt-hours and defined as:
EAE = BOHSSPE + ESO
Where:
BOHSS = as defined in 4.6.1 of this appendix
PE= as defined in 3.1.3 of this appendix
ESO = as defined in 4.7 of this appendix
4.6.3.1 For vented heaters with two stage or modulating
controls, EAE is defined as:
EAE=(BOHR+BOHH)PE +
ESO
Where:
BOHR= as defined in 4.6.1 of this appendix
BOHH= as defined in 4.6.1 of this appendix
PE= as defined in 3.1.3 of this appendix
ESO = as defined in 4.7 of this appendix
* * * * *
4.7 Average annual electric standby mode and off mode energy
consumption. Calculate the annual electric standby mode and off mode
energy consumption, ESO, defined as, in kilowatt-hours:
ESO = ((PSB * (4160 - BOH)) + (POFF
* 4600)) * K
Where:
PSB = vented heater standby mode power, in watts, as
measured in section 3.7
4,160 = average heating season hours per year
POFF = vented heater off mode power, in watts, as
measured in section 3.7
4,600 = average non-heating season hours per year
K = 0.001 kWh/Wh, conversion factor for watt-hours to kilowatt-
hours.
BOH = burner operating hours as calculated in section 4.6.1 where
for single stage controls or manual controls vented heaters BOH =
BOHSS and for vented heaters equipped with two stage or
modulating controls BOH = (BOHR + BOHH).
6. Appendix P to Subpart B of Part 430 is revised to read as
follows:
Appendix P to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Pool Heaters
Note: The procedures and calculations that refer to standby
mode and off mode energy consumption (i.e., sections 2.2, 2.3, 3.2,
4.2, 4.3, 5.3 equation (3), and 5.4 of this appendix P) need not be
performed to determine compliance with energy conservation standards
for pool heaters at this time. However, any representation related
to standby mode and off mode energy consumption of these products
made after [date 180 days after date of publication of the test
procedure final rule in the Federal Register] must be based upon
results generated under this test procedure, consistent with the
requirements of 42 U.S.C. 6293(c)(2). After July 1, 2010, any
adopted energy conservation standard shall incorporate standby mode
and off mode energy consumption, and upon the compliance date for
such standards, compliance with the applicable provisions of this
test procedure will also be required.
1. Definitions.
1.1. Active mode means the condition during the pool heating
season in which the pool heater is connected to the power source,
and the main burner, electric resistance element, or heat pump is
activated to heat pool water.
1.2 IEC 62301 means the test standard published by the
International Electrotechnical Commission, titled ``Household
electrical appliances--Measurement of standby power,'' Publication
62301 First Edition 2005-06. (incorporated by reference; see Sec.
430.3)
1.3 Off mode means the condition during the non-pool heating
season in which the pool heater is connected to the power source,
and neither the main burner, electric resistance elements, nor heat
pump is activated.
1.4 Seasonal off switch means a switch present on the pool
heater that effects a difference in off mode energy consumption as
compared to standby mode energy consumption.
1.5 Standby mode means the condition during the pool heating
season in which the pool heater is connected to the power source,
and neither the main burner, electric resistance elements, nor heat
pump is activated.
2. Test Method.
2.1 Active mode. The test method for testing pool heaters in
active mode is as specified in ANSI Z21.56 (incorporated by
reference; see Sec. 430.3).
2.2 Standby mode. The test method for testing the energy
consumption of pool heaters in standby mode is as described in
sections 3 through 5 below.
2.3 Off mode.
2.3.1 Pool heaters with a seasonal off switch.
For pool heaters with a seasonal off switch, no off-mode test is
required.
2.3.2 Pool heaters without a seasonal off switch.
For pool heaters without a seasonal off switch, the test method
for testing the energy consumption of the pool heater is as
described in sections 3 through 5 below.
3. Test conditions.
3.1 Active mode. Establish the test conditions specified in
section 2.10 of ANSI Z21.56 (incorporated by reference; see Sec.
430.3).
3.2 Standby mode and off mode. Following the conclusion of the
30-minute active mode test described in section 3.1, reduce the
thermostat setting to a low enough temperature to put the pool
heater into standby mode. Reapply the energy sources and operate the
pool heater in standby mode for 60 minutes.
4. Measurements.
4.1 Active mode. Measure the quantities delineated in section
2.10 of ANSI Z21.56 (incorporated by reference; see Sec. 430.3).
The measurement of energy consumption for oil-fired pool heaters in
Btu is to be carried out in appropriate units (e.g., gallons).
4.2 Standby mode. Record the total electricity consumption
during the standby mode test, Es, in Wh, in accordance
with section 5 of IEC 62301 (incorporated by reference; see Sec.
430.3) and the fossil fuel energy consumption during the standby
test, Q p, in Btu. Ambient temperature and voltage
specifications of ANSI Z21.56 (incorporated by reference; see Sec.
430.3) shall apply to this standby mode testing.
4.3 Off mode.
4.3.1 Pool heaters with a seasonal off switch. For pool heaters
with a seasonal off switch, the total electricity consumption during
the off mode, Eoff = 0, and the fossil fuel energy
consumed during the off mode, Qoff = 0.
4.3.2 Pool heaters without a seasonal off switch. Record the
total electricity consumption during the standby/off mode test,
Eoff (= Es), in Wh, in accordance with section
5 of IEC 62301 (incorporated by reference; see Sec. 430.3), and the
fossil fuel energy consumption during the off mode test,
Qoff (= Qp), in Btu. Ambient temperature and
voltage specifications of ANSI Z21.56 (incorporated by reference;
see Sec. 430.3) shall apply to this off mode testing.
5. Calculations.
5.1 Thermal efficiency. Calculate the thermal efficiency,
Et (expressed as a percent), as specified in section 2.10
of ANSI Z21.56 (incorporated by reference; see Sec. 430.3). The
expression of fuel consumption for oil-fired pool heaters shall be
in Btu.
5.2 Average annual fossil fuel energy for pool heaters. The
average annual fuel energy for pool heaters, EF, is
defined as:
[[Page 52907]]
EF = BOH QIN + (POH - BOH)QPR +
(8760 - POH) Qoff,R
Where:
BOH = average number of burner operating hours = 104 h
POH = average number of pool operating hours = 4464 h
QIN = rated fuel energy input as defined according to
section 2.10.1 or section 2.10.2 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3), as appropriate.
QPR = average energy consumption rate of continuously
operating pilot light, if employed, = (QP/1 h)
QP = energy consumption of continuously operating pilot
light, if employed, as measured in section 4.2, in Btu
8,760 = number of hours in one year
Qoff,R = average off mode fossil fuel energy consumption
rate = Qoff/(1 h)
Qoff = off mode energy consumption as defined in section
4.3 of this appendix
5.3 Average annual auxiliary electrical energy consumption for
pool heaters. The average annual auxiliary electrical energy
consumption for pool heaters, EAE, is expressed in Btu
and defined as:
(1) EAE = EAE,active +
EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH - BOH) Es,aux +
(8760 - POH) Eoff,aux
Where:
EAE,active = auxiliary electrical consumption in the
active mode
EAE,standby,off = auxiliary electrical consumption in the
standby and off mode
PE = 2Ec, if heater is tested according to section 2.10.1
of ANSI Z21.56 (incorporated by reference; see Sec. 430.3), in Btu/
h
= 3.412 PErated, if heater is tested according to section
2.10.2 of ANSI Z21.56, in Btu/h
Ec = electrical consumption of the heater (converted to
equivalent unit of Btu), including the electrical energy to the
recirculating pump if used, during the 30-minute thermal efficiency
test, as defined in section 2.10.1 of ANSI Z21.56, in Btu per 30
min.
2 = conversion factor to convert unit from per 30 min. to per h.
PErated = nameplate rating of auxiliary electrical
equipment of heater, in Watts
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
Es,aux = electrical energy consumption rate during
standby mode = 3.412 Es/(1 h), Btu/h
Es = as defined in 4.2 of this appendix
Eoff,aux = electrical energy consumption rate during off
mode = 3.412 Eoff/(1 h), Btu/h
Eoff = as defined in 4.3 of this appendix
5.4 Integrated thermal efficiency.
5.4.1 Calculate the seasonal useful output of the pool heater
as:
EOUT = BOH[(Et/100)(QIN + PE)]
Where:
BOH = as defined in 5.2 of this appendix
Et = thermal efficiency as defined in 5.1 of this
appendix
QIN = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
100 = conversion factor, from percent to fraction
5.4.2 Calculate the annual input to the pool heater as:
EIN = EF + EAE
Where:
EF = as defined in 5.2 of this appendix
EAE = as defined in 5.3 of this appendix
5.4.3 Calculate the pool heater integrated thermal efficiency
(TEI) (in percent).
TEI = 100(EOUT/EIN)
Where:
EOUT = as defined in 5.4.1 of this appendix
EIN = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to percent
[FR Doc. 2010-21363 Filed 8-27-10; 8:45 am]
BILLING CODE 6450-01-P