[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Proposed Rules]
[Pages 17075-17078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7610]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0020]
RIN 1904-AB89
Energy Conservation Program for Consumer Products: Test
Procedures for Residential Furnaces and Boilers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking and solicitation of
comments.
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SUMMARY: In order to implement recent amendments to the Energy Policy
and Conservation Act (EPCA) by the Energy Independence and Security Act
of 2007 (EISA 2007), the U.S. Department of Energy (DOE) proposed
amendments to its test procedures for residential furnaces and boilers
to provide for measurement and incorporation of standby mode and off
mode energy consumption. A public meeting on the proposed rule was held
on August 18, 2009. This supplemental notice of proposed rulemaking
(SNOPR) proposes an integrated efficiency descriptor that incorporates
standby mode and off mode energy consumption into the statutorily
identified efficiency descriptor, Annual Fuel Utilization Efficiency
(AFUE).
DATES: DOE will accept comments, data, and information regarding the
notice of proposed rulemaking (NOPR) no later than April 20, 2010. For
details, see section V, ``Public Participation,'' of this NOPR.
ADDRESSES: Any comments submitted must identify the SNOPR on Test
Procedures for Residential Furnaces and Boilers, and provide the docket
number EERE-2008-BT-TP-0020 and/or regulatory information number (RIN)
1904-AB89. 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-
2008-BT-TP-0020 and/or RIN 1904-AB89 in the subject line of the
message.
3. 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, 6th Floor, 950 L'Enfant Plaza,
SW., 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, 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. 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, Office of 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-72, 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, 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
[[Page 17076]]
II. Summary of the Proposal
III. Discussion
A. Integrated Annual Fuel Utilization Efficiency
(AFUEI)
B. Proposed Amendments Relationship With Energy Conservation
Standards
C. Compliance With Other EPCA Requirements
IV. Procedural Requirements
V. Public Participation
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 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 furnaces and boilers
(all of which are referenced below as ``covered products'').\1\ (42
U.S.C. 6291(1)-(2) and 6292(a)(5)).
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\1\ All references to EPCA in this rulemaking refer to the
statute as amended through the Energy Independence and Security Act
of 2007, Public Law 110-140.
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Under the Act, this program consists essentially of three parts:
(1) Testing; (2) labeling; and (3) establishing Federal energy
conservation standards. The testing requirements consist of test
procedures 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 representing the
efficiency of those products. Similarly, DOE must use these test
procedures to determine whether the products comply with standards
adopted under 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 ``[a]ny test procedures prescribed or amended under
this section 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, as determined by the Secretary [of Energy], 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 on them. (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))
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 measures of standby mode
and off mode energy consumption. Specifically, section 310 of EISA 2007
provides definitions of ``standby mode'' and ``off mode'' (42 U.S.C.
6295(gg)(1)(A)) and 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 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 energy use test
procedure for the covered product, if technically feasible.'' (42
U.S.C. 6295(gg)(2)(A))
DOE's current test procedure for residential furnaces and boilers
is found at 10 CFR part 430, subpart B, appendix N. DOE established its
test procedures for furnaces and boilers in a final rule published in
the Federal Register on May 12, 1997. 62 FR 26140. This procedure
establishes a means for determining annual energy efficiency and annual
energy consumption of gas-fired, oil-fired, and electric furnaces and
boilers.
DOE notes that gas-fired and oil-fried furnaces and boilers consume
both fossil fuel and electricity, while electric furnaces and boilers
only consume electricity. The current test procedure accounts for all
fossil-fuel energy consumption over a full-year cycle, thereby
satisfying EISA 2007 requirements for fossil-fuel standby mode and off
mode energy consumption. Electrical energy consumption in standby mode
and off mode, however, is not accounted for in the current test
procedure.
II. Summary of the Supplemental Proposed Rule
In the July 2007 NOPR, DOE proposed to add standby mode and off
mode energy consumption measurement provisions utilizing the IEC 62301
standard. Standby and off mode electrical energy consumption would not,
however, be integrated into AFUE. On further review, DOE has determined
that integration of standby and off mode electrical energy consumption
into AFUE is technically feasible. Accordingly, this notice proposes an
integrated annual fuel utilization efficiency metric.
III. Discussion
A. Integrated Annual Fuel Utilization Efficiency (AFUEI)
As mentioned above, DOE has determined that integration of standby
mode and off mode electrical energy consumption into the AFUE
efficiency descriptor is technically feasible. AFUE is the required
energy efficiency descriptor for furnaces. (42 U.S.C. 6291(22)). EISA
2007 requires, if technically feasible, integration of standby energy
consumption into the overall energy efficiency, energy consumption or
other energy descriptor. Therefore, EISA 2007 requires an integrated
AFUE that reflects standby mode and off mode energy consumption for
both fossil fuel and electricity. This notice proposes such integration
into the AFUE descriptor.
The proposed integrated annual fuel utilization efficiency
(AFUEI) would be the mathematical product of the current
AFUE measure and an efficiency quotient that includes, as an addition
to the denominator, the standby mode and off mode electricity
consumption converted to Btu based on the point-of-use energy content
of a kilowatt hour (3412 Btu). This addition would thereby reduce the
numeric value of the efficiency quotient in proportion to the relative
magnitude of such additional energy consumption. This mathematical form
is consistent with how other products have addressed EISA 2007, in
particular how the standby mode and off mode energy consumption is
integrated into existing efficiency descriptors.
This proposed formula would use the point-of-use energy content of
a kilowatt hour (3412 Btu) because the statute defines ``energy use''
as ``the quantity of energy directly consumed by a consumer product at
point of use'' (42 U.S.C. 6291 (4)) DOE recognizes that combining
fossil fuel (natural gas) and electricity consumption based on their
point-of-use energy content tends to
[[Page 17077]]
understate the relative energy and economic impacts of the electricity
use. However, DOE proposes an integrated metric given the statutory
definition of energy use and the statutory mandate to establish an
integrated measure of energy efficiency, if technically feasible.
Furthermore, in this case, DOE expects that the possible distortions
resulting from the combination of fossil fuel and electricity measures
of point-of-use energy use are likely to be very small. DOE invites
comment on this approach to combining the natural gas and electricity
use of furnaces. DOE also invites comment on modifications that can be
made to the adjustment factor that can more accurately characterize the
relative impacts of electricity and fossil fuel use while maintaining
consistency with existing statute.
Because there are some slight differences in the terminology and
formulation used in the existing test procedure for electric furnaces
and boilers as compared to fossil fueled furnaces and boilers, DOE
discusses the proposed integrated AFUEI separately for each
product in the following paragraphs.
For fossil fueled furnaces and boilers, the proposed integrated
annual fuel utilization efficiency would be expressed as a function of
the useful heat energy provided by the primary fuel divided by the sum
of the primary fuel energy consumption and the standby mode and off
mode energy consumption with all terms in equivalent energy units.
The mathematical form of the expression would be as follows:
AFUEI = (AFUE *EF)/(EF
+(3412*ESO))
Where:
AFUE = as stated in the existing test procedures.
EF = Average annual fuel consumption (Btu).
3412 = conversion factor to express energy in Btu instead of kWh.
ESO = Average annual electrical standby and off mode
energy consumption (kWh).
For electric furnaces and boilers, the proposed integrated annual
utilization efficiency would be presented as the useful heat provided
by the annual total electrical energy minus the off mode annual energy
consumption all divided by the annual total electrical consumption.
The mathematical form of the expression would be as follows:
AFUEI = (AFUE *(EE-(POFF * 4600))/
(EE))
Where:
AFUE = as stated in existing test procedure.
(EE-(POFF * 4600)) = Average annual total
electric consumption minus the average annual off mode electrical
energy consumption defined as the product of the measured off mode
power (POFF) and the average number of non-heating season
hours per year.
EE = Average annual total electrical consumption
including standby mode and off mode consumption.
This integrated AFUE for electric furnaces and boilers, although
seemingly different in mathematical form, is conceptually the same as
the integrated AFUE for fossil fueled furnaces and boilers.
Specifically, it is an integrated efficiency quotient that includes, as
an addition to the denominator, the standby mode and off mode energy
consumption. The differences result from the fact the there is no need
for a conversion to equivalent energy units and the existing test
procedure's energy consumption terms are structured differently for
electric furnaces and boilers as compared to fossil fueled furnaces and
boilers. The different structure results from the existing test
procedure's assumption that auxiliary electrical energy consumption
provides useful heat to the heated space. This assumption applies when
one considers the standby mode but not off mode because the electric
energy consumption during the non heating season is not considered
useful heat. The proposed equation for electric furnaces and boilers
recognizes this difference.
B. Proposed Amendments Relationship With Energy Conservation Standards
Today's proposal would integrate standby and off mode electrical
energy use into the AFUE efficiency descriptor, as required by EPCA.
(42 U.S.C. 6295(gg)(2)(A)) DOE will consider use of this proposed
efficiency descriptor in any rulemaking procedure to prescribe
standards for furnaces and boilers, again as required by EPCA. (42
U.S.C. 6295(gg)(3)).
C. Compliance With Other EPCA Requirements
EPCA requires that ``[a]ny test procedures prescribed or amended
under this section 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))
Today's supplemental proposed amendments to the DOE test procedure
would only add two new equations to the calculation section of the test
procedure. These calculations utilize existing or proposed terms and,
accordingly, pose no additional testing burden.
IV. Procedural Requirements
DOE has concluded that the determinations made pursuant to the
various procedural requirements applicable to the July 27 NOPR remain
unchanged for this SNOPR. These determinations are set forth in the
July 27 NOPR. (74 FR 36959, 36966-68 July 27, 2009)
V. Public Participation
DOE will accept comments, data, and information regarding the
proposed rule no later than the date provided at the beginning of this
notice. 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 determine
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 the following: (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 character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking.
[[Page 17078]]
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 March 29, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend part
430 of chapter II 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. Appendix N to subpart B of part 430 is amended by revising
section 10.1 to read as follows:
Appendix N to Subpart B of Part 430-Uniform Test Method for Measuring
the Energy Consumption of Furnaces and Boilers
* * * * *
10.1 Annual fuel utilization efficiency and integrated annual
fuel utilization efficiency. The annual fuel utilization efficiency
(AFUE) is as defined in sections 11.2.12 (non-condensing systems),
11.3.12 (condensing systems), 11.4.12 (non-condensing modulating
systems) and 11.5.12 (condensing modulating systems) of ANSI/ASHRAE
Standard 103-1993, (incorporated by reference; see Sec. 430.3)
except for the definition for the term EffyHS in the
defining equation for AFUE. EffyHS is defined as:
EffyHS=heating seasonal efficiency as defined in sections
11.2.11 (non-condensing systems), 11.3.11 (condensing systems),
11.4.11 (non-condensing modulating systems) and 11.5.11 (condensing
modulating systems) of ANSI/ASHRAE Standard 103-1993 and is based on
the assumptions that all weatherized warm air furnaces or boilers
are located out-of-doors, that warm air furnaces which are not
weatherized are installed as isolated combustion systems, and that
boilers which are not weatherized are installed indoors.
The integrated annual fuel utilization efficiency
(AFUEI) is defined as follows:
For fossil fueled furnaces and boilers:
AFUEI = (AFUE *EF)/(EF +
(3412*ESO))
Where:
AFUE = as defined above in this section.
EF = Average annual fuel consumption defined in section
10.2.2.
3412 = conversion factor to express energy in Btu's instead of KWh.
ESO = Average annual electrical standby and off mode
energy consumption as defined in section 10.9.
For electric furnaces and boilers:
AFUEI = (AFUE *(EE - (POFF *
4600))/(EE))
Where:
AFUE = as defined in section 10.3.
(EE - (POFF * 4600)) = Average annual total
electric consumption as defined in section 10.3 minus the average
annual off mode electrical energy consumption defined as the product
of the measured off mode power (POFF) from section 8.6
and the average number of non-heating season hours per year defined
in section 10.9.
EE = Average annual total electrical consumption
including standby mode and off mode consumption as defined in
section 10.3.
* * * * *
[FR Doc. 2010-7610 Filed 4-2-10; 8:45 am]
BILLING CODE 6450-01-P