Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Commercial Heating, Air-Conditioning, and Water-Heating Equipment, 40770-40791 [E8-16256]
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS
are too small to accommodate a GPS
device, that not all losses are transportrelated, and that any installed GPS
device could likely be removed or
disabled.
DOT also stated that, although the
U.S. has the right to enact unique
security provisions, the impact on
international transport must be
considered, and the requirements for
importers and exporters of radioactive
material devices and the consequences
for overseas buyers and suppliers of
these devices must be analyzed. DOT
stated that any actions undertaken by
the NRC must consider security related
measures being implemented or under
evaluation for implementation by
Federal agencies, including DOT and
the U.S. Department of Homeland
Security. DOT also commented that the
proposal’s ability to reduce both the
probability of theft/diversion and the
associated impacts of theft/diversion, as
well as the advantages and
disadvantages of state-specific
regulations, in addition to national
regulations, need to be evaluated.
Specifically, DOT stated that
requirements that vary widely from state
to state could have significant impacts
on interstate commerce.
In addition, DOT stated that, although
the petitioner cited that significant law
enforcement efforts were undertaken to
recover past devices, there is no
quantified data provided for these
efforts, nor quantification of potential
benefits of the proposal, nor
quantification of the impacts for a
national or state GPS requirement, and
stated that a requirement for a specific
technology to be implemented, rather
than a performance based measure that
achieves the same objective, may have
adverse impacts. DOT further stated that
a risk-informed evaluation should be
implemented taking these factors into
account to ensure a measured and
appropriate final decision on this
petition is achieved.
Reasons for Closure of the Petition
The NRC concluded that the
underlying issue of tracking shipments
of highly radioactive sources is an
important one and merits further
consideration, and therefore, will be
included into NRC’s ongoing
rulemaking efforts on the security
requirements for the transportation of
Radioactive Material in Quantities of
Concern. This rulemaking will consider
various tracking technologies including,
but not limited to, GPS technology.
Further information on this rulemaking
may be tracked through https://
www.regulations.gov under Docket ID
NRC–2008–0120.
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While the NRC will consider the
issues raised by the petition in the
rulemaking process, the petitioner’s
concerns may not be addressed exactly
as the petitioner has requested. During
the rulemaking process, the NRC will
solicit comments from the public and
will consider all comments before
finalizing the rule.
Existing NRC regulations provide the
basis for reasonable assurance that the
common defense and security and
public health and safety are adequately
protected.
For the reasons cited in this
document, the NRC closes this petition.
Dated at Rockville, Maryland, this 1st day
of July, 2008.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E8–16235 Filed 7–15–08; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE–2008–BT–STD–0013]
RIN 1904–AB83
Energy Conservation Program for
Certain Industrial Equipment: Energy
Conservation Standards for
Commercial Heating, Air-Conditioning,
and Water-Heating Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of data availability and
request for public comment.
AGENCY:
SUMMARY: The Energy Policy and
Conservation Act of 1975 (EPCA), as
amended, directs the U.S. Department of
Energy (DOE) to establish energy
conservation standards for certain
commercial and industrial equipment,
including commercial heating, airconditioning, and water-heating
products. Of particular relevance here,
the statute also requires that each time
the corresponding consensus standard—
the American Society of Heating,
Refrigerating and Air-Conditioning
Engineers, Inc. (ASHRAE)/ Illuminating
Engineering Society of North America
(IESNA) Standard 90.1—is amended,
DOE must assess whether there is a
need to update the uniform national
energy conservation standards for the
same equipment covered under EPCA.
ASHRAE officially released an amended
version of this industry standard
(ASHRAE Standard 90.1–2007) on
January 10, 2008, thereby triggering
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DOE’s related obligations under EPCA.
As a first step in meeting these statutory
requirements, today’s notice of data
availability (NODA) discusses the
results of DOE’s analysis of the energy
savings potential of amended energy
conservation standards for certain types
of commercial equipment covered by
ASHRAE Standard 90.1. Potential
energy savings are based upon either the
efficiency levels specified in the
amended industry standard (i.e.,
ASHRAE Standard 90.1–2007) or more
stringent levels that would result in
significant additional conservation of
energy and are technologically feasible
and economically justified. DOE is
publishing this NODA to: (1) Announce
the results and preliminary conclusions
of DOE’s analysis of potential energy
savings associated with amended
standards for this equipment, and (2)
request public comment on this
analysis, as well as the submission of
data and other relevant information.
DATES: DOE will accept comments, data,
and information regarding this NODA
submitted no later than August 15,
2008. See Section IV, ‘‘Public
Participation,’’ of this notice for details.
ADDRESSES: Any comments submitted
must identify the NODA for ASHRAE
Products and provide the docket
number EERE–2008–BT–STD–0013
and/or Regulatory Information Number
(RIN) 1904–AB83. Comments may be
submitted using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
ASHRAE_90.1_rulemaking@ee.doe.gov.
Include the docket number EERE–2008–
BT–STD–0013 and/or RIN number
1904–AB83 in the subject line of the
message.
• 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.
• 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 this document, see
section IV (Public Participation).
Docket: For access to background
documents or comments received, visit
the U.S. Department of Energy, Resource
Room of the Building Technologies
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
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, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–7892. E-mail:
Mohammed.Khan@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas,
U.S. Department of Energy, Office of the
General Counsel, Mailstop GC–72,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Telephone: (202) 586–9507. Email: Francine.Pinto@hq.doe.gov or
Eric.Stas@hq.doe.gov.
For information on how to submit
public comments, contact Ms. Brenda
Edwards, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. E-mail:
Brenda.Edwards@ee.doe.gov.
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Purpose of the Notice of Data
Availability
C. Background
D. Summary of DOE’s Preliminary
Assessment of Equipment for EnergySavings Analysis
II. Discussion of Equipment for Further
Consideration
A. Commercial Warm-Air Furnaces
1. Gas-Fired Commercial Warm-Air
Furnaces
2. Oil-Fired Commercial Warm-Air
Furnaces
B. Commercial Package Air-Conditioning
and Heating Equipment
1. Three-Phase, Through-the-Wall AirCooled Air Conditioners and Heat
Pumps
2. Three-Phase, Small-Duct, High-Velocity
Air-Cooled Air Conditioners and Heat
Pumps
3. Commercial Package Air-Cooled Air
Conditioners with a Cooling Capacity at
or Above 760,000 Btu per Hour
4. Water-Cooled and Evaporatively-Cooled
Commercial Package Air Conditioners
and Heat Pumps With a Cooling Capacity
at or Above 135,000 Btu per Hour and
Less Than 240,000 Btu per Hour
5. Water-Cooled and Evaporatively-Cooled
Commercial Package Air Conditioners
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and Heat Pumps With a Cooling Capacity
at or above 240,000 Btu per Hour
C. Packaged Terminal Air Conditioners and
Heat Pumps
D. Commercial Water Heaters
1. Oil-Fired Instantaneous Water Heaters
2. Electric Storage Water Heaters
E. Commercial Packaged Boilers
1. Small, Gas-Fired Hot Water Commercial
Packaged Boilers
2. Small, Gas-Fired, Steam, All Except
Natural Draft Commercial Packaged
Boilers
3. Small, Gas-Fired, Steam, Natural Draft,
Commercial Packaged Boilers
4. Small, Oil-Fired, Hot Water Commercial
Packaged Boilers
5. Small, Oil-Fired, Steam, Commercial
Packaged Boilers
6. Large, Gas-Fired, Hot Water Commercial
Packaged Boilers
7. Large, Gas-Fired, Steam, All Except
Natural Draft Commercial Packaged
Boilers
8. Large, Gas-Fired, Steam, Natural Draft,
Commercial Packaged Boilers
9. Large, Oil-Fired, Hot Water Commercial
Packaged Boilers
10. Large, Oil-Fired, Steam Commercial
Package Boilers
III. Analysis of Potential Energy Savings
A. Annual Energy Use
B. Shipments
C. Other Analytical Inputs
1. Site-to-Source Conversion
2. Effective Date
3. Analysis Period and Lifetime
D. Estimates of Potential Energy Savings
IV. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
I. Introduction
A. Authority
Title III of EPCA, Pub. L. 94–163, as
amended, sets forth a variety of
provisions concerning energy efficiency.
Part A–1 1 of Title III created the energy
conservation program for ‘‘Certain
Industrial Equipment.’’ (42 U.S.C. 6311–
6317) In general, this program addresses
the energy efficiency of certain types of
commercial and industrial equipment.
Part A–1 specifically includes
definitions (42 U.S.C. 6311), test
procedures (42 U.S.C. 6314), labelling
provisions (42 U.S.C. 6315), energy
conservation standards (42 U.S.C. 6313),
and the authority to require information
and reports from manufacturers (42
U.S.C. 6316).
In relevant part here, EPCA contains
mandatory energy conservation
standards for commercial heating, airconditioning, and water heating
equipment. (42 U.S.C. 6313(a))
Specifically, the statute sets standards
for small, large, and very large
commercial package air-conditioning
1 This part was originally titled Part C; however,
it was redesignated Part A–1 after Part C of Title
III of EPCA was repealed by Public Law 109–58.
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and heating equipment, packaged
terminal air conditioners (PTACs) and
packaged terminal heat pumps (PTHPs),
warm-air furnaces, packaged boilers,
storage water heaters, and unfired hot
water storage tanks. Id. In doing so,
EPCA established Federal energy
conservation standards that generally
correspond to the levels in ASHRAE
Standard 90.1, Energy Standard for
Buildings Except Low-Rise Residential
Buildings, as in effect on October 24,
1992 (i.e., ASHRAE Standard 90.1–
1989), for each type of covered
equipment listed in 42 U.S.C. 6313(a).
In acknowledgement of technological
changes that yield energy efficiency
benefits, Congress further directed DOE
through EPCA to consider amending the
existing Federal energy efficiency
standard for each type of equipment
listed, each time ASHRAE Standard
90.1 is amended with respect to such
equipment. (42 U.S.C. 6313(a)(6)(A)) For
each type of equipment, EPCA directs
that if ASHRAE Standard 90.1 is
amended,2 DOE must adopt amended
standards at the new efficiency level in
ASHRAE Standard 90.1, unless clear
and convincing evidence supports a
determination that adoption of a more
stringent level as a national standard
would produce significant additional
energy savings and be technologically
feasible and economically justified. (42
U.S.C. 6313(a)(6)(A)(ii)) If DOE decides
to adopt as a national standard the
minimum efficiency levels specified in
the amended ASHRAE Standard 90.1,
DOE must establish such standard not
later than 18 months after publication of
the amended industry standard. (42
U.S.C. 6313(a)(6)(A)(ii)(I)) However, if
DOE determines that a more stringent
standard is justified under 42 U.S.C.
6313(a)(6)(A)(ii)(II), then DOE must
establish such more stringent standard
not later than 30 months after
publication of the amended ASHRAE
Standard 90.1. (42 U.S.C. 6313(a)(6)(B))
2 Although EPCA does not explicitly define the
term ‘‘amended’’ in the context of ASHRAE
Standard 90.1, DOE provided its interpretation of
what would constitute an ‘‘amended standard’’ in
a final rule published in the Federal Register on
March 7, 2007 (hereafter referred to as the March
2007 final rule). 72 FR 10038. In that rule, DOE
stated that the statutory trigger requiring DOE to
adopt uniform national standards based on
ASHRAE action is for ASHRAE to change a
standard for any of the equipment listed in EPCA
section 342(a)(6)(A)(i) (42 U.S.C. 6313(a)(6)(A)(i)) by
increasing the energy efficiency level for that
equipment type. Id. 10042. In other words, if the
revised ASHRAE Standard 90.1 leaves the standard
level unchanged or lowers the standard, as
compared to the level specified by the national
standard adopted pursuant to EPCA, DOE does not
have the authority to conduct a rulemaking to
consider a higher standard for that equipment
pursuant to 42 U.S.C. 6313(a)(6)(A).
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
As a preliminary step in this process,
EPCA directs DOE to publish in the
Federal Register for public comment an
analysis of the energy savings potential
of amended energy efficiency standards,
within 180 days after ASHRAE Standard
90.1 is amended with respect to any of
the covered products specified under 42
U.S.C. 6313(a).3 (42 U.S.C.
6313(a)(6)(A))
On January 9, 2008, ASHRAE’s Board
of Directors gave final approval to
ASHRAE Standard 90.1–2007 4 for
distribution, which ASHRAE officially
released and made public on January 10,
2008. This action by ASHRAE triggered
DOE’s obligations under 42 U.S.C.
6313(a)(6), as outlined above. This
NODA embodies the analysis of the
energy savings potential of amended
energy efficiency standards, as required
under 42 U.S.C. 6313(a)(6)(A)(i).
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B. Purpose of the Notice of Data
Availability
As explained above, DOE is
publishing today’s NODA as a
preliminary step pursuant to EPCA’s
requirements for DOE to consider
amended energy conservation standards
for certain types of commercial
equipment covered by ASHRAE
Standard 90.1, whenever ASHRAE
amends its standard to increase the
energy efficiency level for that
equipment type. Specifically, this
NODA presents for public comment
DOE’s analysis of the potential energy
savings estimates for amended national
energy conservation standards for these
types of commercial equipment based
on: (1) The modified efficiency levels
contained within ASHRAE Standard
90.1–2007, and (2) more stringent
efficiency levels. DOE describes these
3 This statutory provision was added by section
305 of the Energy Independence and Security Act
of 2007 (EISA 2007), Public Law 110–140, which
applies to all of the products for which there are
currently Federal energy conservation standards
that are also covered by ASHRAE Standard 90.1. In
addition, this document is also required under the
Consent Decree (filed Nov. 6, 2006) in New York v.
Bodman, No. 05 Civ. 7807 (S.D.N.Y. filed Sept. 7,
2005) and Natural Resources Defense Council v.
Bodman, No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7,
2005), which requires an initial DOE action to be
taken on any ASHRAE amendments related to
products in the Consent Decree (i.e., packaged
terminal air conditioners and packaged terminal
heat pumps, packaged boilers, and instantaneous
water heaters) no later than six months after
adoption of the amendment by ASHRAE. (Consent
Decree section III, paragraph 4)
4 This industry standard is developed with input
from a number of organizations—most prominently,
ASHRAE, the American National Standards
Institute (ANSI), and the Illuminating Engineering
Society of North America (IESNA). Therefore, this
document may sometimes be referred to more
formally as ANSI/ASHRAE/IESNA Standard 90.1–
2007. See https://www.ashrae.org for more
information.
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analyses and preliminary conclusions
and seeks input from interested parties,
including the submission of data and
other relevant information.
DOE is not required by EPCA to
review additional changes in ASHRAE
Standard 90.1–2007 for those equipment
types where ASHRAE did not increase
the efficiency level. For those types of
equipment for which efficiency levels
clearly did not change, DOE has
conducted no further analysis. However,
for other ASHRAE products, DOE found
that while ASHRAE had made changes
in ASHRAE Standard 90.1–2007, it was
not immediately apparent whether such
revisions to the Standard 90.1 level
would make the equipment more or less
efficient, as compared to the existing
Federal energy conservation standards.
For example, when setting a standard
using a different efficiency metric (as is
the case for several types of commercial
packaged boiler equipment), ASHRAE
Standard 90.1–2007 changes the
standard level from that specified in
EPCA, but it is not immediately clear
whether a standard level will make
equipment more or less efficient.
Therefore, DOE is undertaking this
additional threshold analysis in order to
thoroughly evaluate the amendments in
ASHRAE Standard 90.1–2007 in a
manner consistent with its statutory
mandate.
Using this approach, DOE has
undertaken a comprehensive analysis of
the products covered under both EPCA
and ASHRAE Standard 90.1–2007 to
determine which products types require
further analysis. Section II, Discussion
of Equipment for Further Consideration,
contains a description of DOE’s
evaluation of each ASHRAE equipment
type for which energy conservation
standards have been set pursuant to
EPCA, in order for DOE to determine
whether the amendments in Standard
90.1–2007 have resulted in increased
efficiency levels. For those types of
equipment in ASHRAE Standard 90.1,
which have been determined to increase
the efficiency levels, DOE subjected that
equipment to further analysis under
Section III, Analysis of Potential Energy
Savings.
In summary, the energy savings
analysis presented in this NODA is a
preliminary step required under 42
U.S.C. 6313(a)(6)(A)(i). After review of
the public comments on this NODA, if
DOE decides that the amended
efficiency levels in ASHRAE Standard
90.1–2007 have the potential for
additional energy savings for types of
equipment currently covered by
uniform national standards, DOE will
commence rulemaking to consider
amended standards, based upon either
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the efficiency levels in ASHRAE
Standard 90.1–2007 or more stringent
efficiency levels which would be
expected to result in significant
additional conservation of energy and
are technologically feasible and
economically justified. In conducting
such rulemaking, DOE will address the
general rulemaking requirements for all
energy conservation standards, such as
the anti-backsliding provision 5 (42
U.S.C. 6316(a); 42 U.S.C. 6295(o)(1)), the
criteria for making a determination that
a standard is economically justified 6 (42
U.S.C. 6316(a); 42 U.S.C.
6295(o)(2)(B)(i)–(ii)), and the
prohibition on making unavailable
existing products with performance
characteristics generally available in the
U.S.7 (42 U.S.C. 6316(a); 42 U.S.C.
6295(o)(4)).
C. Background
ASHRAE Standard 90.1–2007
As noted above, on January 9, 2008,
ASHRAE’s Board of Directors gave final
approval to ASHRAE Standard 90.1–
2007, which ASHRAE released on
January 10, 2008. The ASHRAE
standard addresses efficiency levels for
many types of commercial heating,
5 EPCA contains what is commonly known as an
‘‘anti-backsliding’’ provision (42 U.S.C. 6316(a); 42
U.S.C. 6295(o)(1)). This provision mandates that the
Secretary not prescribe any amended standard that
either increases the maximum allowable energy use
or decreases the minimum required energy
efficiency of covered equipment. Natural Resources
Defence Council v. Abraham, 355 F. 3d 179 (2d Cir.
2004).
6 In deciding whether a more stringent standard
is economically justified, DOE must review
comments on the proposed standard, and then
determine whether the benefits of the standard
exceed its burdens by considering the following
seven factors to the greatest extent practicable:
(1) The economic impact on manufacturers and
consumers subject to the standard;
(2) The savings in operating costs throughout the
estimated average life of the product in the type (or
class), compared to any increase in the price, initial
charges, or maintenance expenses of the products
likely to result from the standard;
(3) The total projected amount of energy savings
likely to result directly from the standard;
(4) Any lessening of product utility or
performance likely to result from the standard;
(5) The impact of any lessening of competition,
as determined in writing by the Attorney General,
likely to result from the standard;
(6) The need for national energy conservation;
and
(7) Other factors the Secretary considers relevant.
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)–(ii))
7 The Secretary may not prescribe an amended
standard if interested persons have established by
a preponderance of evidence that the amended
standard is ‘‘likely to result in the unavailability in
the United States of any product type (or class)’’
with performance characteristics (including
reliability), features, sizes, capacities, and volumes
that are substantially the same as those generally
available in the United States at the time of the
Secretary’s finding. (42 U.S.C. 6316(a); 42 U.S.C.
6295(o)(4))
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
ventilating, air-conditioning (HVAC),
and water-heating equipment covered
by EPCA. ASHRAE Standard 90.1–2007
revised the efficiency levels for certain
commercial equipment, but for the
remaining equipment, ASHRAE left in
place the preexisting levels (i.e., the
efficiency levels specified in EPCA or
the efficiency levels in ASHRAE
Standard 90.1–1999).
Table I.1 below sets forth the existing
Federal energy conservation standards
and the efficiency levels specified in
ASHRAE Standard 90.1–2007 for
equipment where ASHRAE modified its
requirements. The balance of this
section of the document will assess
40773
these equipment types to determine
whether the amendments in ASHRAE
Standard 90.1–2007 constitute increased
energy efficiency levels, as would
necessitate further analysis of the
potential energy savings from amended
Federal energy conservation standards
under Section III.
TABLE I.1.—FEDERAL ENERGY CONSERVATION STANDARDS AND ENERGY EFFICIENCY LEVELS IN ASHRAE STANDARD
90.1–2007 FOR SPECIFIC TYPES OF COMMERCIAL EQUIPMENT*
Energy efficiency levels in
ASHRAE Standard
90.1–2007
Federal energy
conservation standards
ASHRAE equipment class
ASHRAE
Standard
90.1–2007
effective date
Energy-savings
potential analysis
required
Commercial Warm-Air Furnaces
Gas-Fired Commercial Warm-Air furnace .....
Et = 80% ...........................
Oil-Fired Commercial Warm-Air furnace .......
Et = 81% ...........................
Ec = 80% ..........................
Interrupted or intermittent
ignition device, jacket
losses not exceeding
0.75% of input rating,
power vent, or flue
damper**.
Et = 81% ...........................
Interrupted or intermittent
ignition device, jacket
losses not exceeding
0.75% of input rating,
power vent, or flue
damper**.
1/10/2008
No (See Section
II.A.1.).
1/10/2008
No (See Section
II.A.2.).
1/23/2010
No (See Section
II.B.1.).
No (See Section
II.B.1.).
No (See Section
II.B.2.).
No (See Section
II.B.2.).
No (See Section
II.B.3.).
Commercial Package Air-Conditioning and Heating Equipment
Through-the-Wall Air Conditioners ................
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Through-the-Wall Air-Cooled Heat Pumps ....
Small Duct, High Velocity, Air-Cooled Air
Conditioners.
Small Duct, High Velocity, Air-Cooled Heat
Pumps.
Packaged Air-Cooled Air Conditioners with
Cooling Capacity ≥760,000 Btu/h †† and
with No Heating or with Electric Resistance Heating.
Packaged Air-Cooled Air Conditioners with
Cooling Capacity ≥760,000 Btu/h and with
Heating That is Other Than Electric Resistance Heating.
Water-Cooled and Evaporatively Cooled Air
Conditioner
with
Cooling
Capacity
≥135,000 and <240,000 Btu/h, and with
No Heating or with Electric Resistance
Heating.
Water-Cooled and Evaporatively Cooled Air
Conditioner
with
Cooling
Capacity
≥135,000 and <240,000 Btu/h, and with
Heating That is Other Than Electric Resistance Heating.
Water-Cooled and Evaporatively Cooled Air
Conditioner
with
Cooling
Capacity
≥240,000 Btu/h and with No Heating or
with Electric Resistance Heating.
Water-Cooled and Evaporatively Cooled Air
Conditioner
with
Cooling
Capacity
≥240,000 Btu/h and with Heating That is
Other Than Electric Resistance Heating.
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13.0 SEER*** (Effective as
of 06/19/08)
13.0 SEER (Effective as of
06/19/08)
13.0 SEER (Effective as of
06/19/08)
13.0 SEER (Effective as of
06/19/08)
None .................................
12.0 SEER (As of 01/23/
10)
12.0 SEER 7.4 HSPF †
(As of 01/23/10)
10.0 SEER ........................
1/23/2010
10.0 SEER 6.8 HSPF
1/10/2008
9.7 EER ††† (As of 01/01/
10)
1/1/2010
None .................................
9.5 EER (As of 01/01/10)
1/1/2010
No (See Section
II.B.3.).
11.0 EER ..........................
11.0 EER ..........................
‡1/10/2008
No (See Section
II.B.4.).
11.0 EER ..........................
10.8 EER ..........................
‡1/10/2008
No (See Section
II.B.4.).
None .................................
11.0 EER ..........................
1/10/2008
No (See Section
II.B.5.).
None .................................
10.8 EER ..........................
1/10/2008
No (See Section
II.B.5.)
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40774
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
TABLE I.1.—FEDERAL ENERGY CONSERVATION STANDARDS AND ENERGY EFFICIENCY LEVELS IN ASHRAE STANDARD
90.1–2007 FOR SPECIFIC TYPES OF COMMERCIAL EQUIPMENT*—Continued
Energy efficiency levels in
ASHRAE Standard
90.1–2007
Federal energy
conservation standards
ASHRAE equipment class
ASHRAE
Standard
90.1–2007
effective date
Energy-savings
potential analysis
required
Packaged Terminal Air Conditioners (PTACs) and Heat Pumps (PTHPs) ‡‡
Packaged Terminal Air Conditioners with
Cooling Capacity <7,000 Btu/h, and
Standard Size ‡‡‡ (New Construction).
Packaged Terminal Air Conditioners with
Cooling Capacity <7,000 Btu/h, and NonStandard Size ◊ (Replacement).
Packaged Terminal Air Conditioners with
Cooling Capacity ≥7,000 and <15,000 Btu/
h, and Standard Size ‡‡‡ (New Construction).
Packaged Terminal Air Conditioners with
Cooling Capacity ≥7,000 and <15,000 Btu/
h, and Non-Standard Size◊ (Replacement).
Packaged Terminal Air Conditioners with
Cooling Capacity >15,000 Btu/h, and
Standard Size ‡‡‡ (New Construction).
Packaged Terminal Air Conditioners with
Cooling Capacity >15,000 Btu/h, and NonStandard Size ◊ (Replacement).
Packaged Terminal Heat Pumps with Cooling Capacity <7,000 Btu/h, and Standard
Size ‡‡‡ (New Construction).
Packaged Terminal Heat Pumps with Cooling Capacity <7,000 Btu/h, and NonStandard Size◊ (Replacement).
Packaged Terminal Heat Pumps with Cooling Capacity ≥7,000 and <15,000 Btu/h,
and Standard Size ‡‡‡ (New Construction).
EER = 8.88 .......................
EER = 11.0 .......................
‡1/10/2008
No (See Section
II.C.).
EER = 8.88 .......................
EER = 9.4 .........................
‡1/10/2008
No (See Section
II.C.).
EER = 10.0¥(0.16 ×
Cap ◊◊).
EER = 12.5¥(0.213 ×
Cap ◊◊).
‡1/10/2008
No (See Section
II.C.).
EER = 10.0¥(0.16 ×
Cap ◊◊).
EER = 10.9¥(0.213 ×
Cap ◊◊).
‡1/10/2008
No (See Section
II.C.).
EER = 7.6 .........................
EER = 9.3 .........................
‡1/10/2008
No (See Section
II.C.).
EER = 7.6 .........................
EER = 7.7 .........................
‡1/10/2008
No (See Section
II.C.).
EER = 8.88 .......................
COP◊◊◊ = 2.7
EER = 10.8 .......................
COP = 3.0
‡1/10/2008
No (See Section
II.C.).
EER = 8.88 .......................
COP = 2.7
EER = 9.3 .........................
COP = 2.7
‡1/10/2008
No (See Section
II.C.).
EER = 10.0¥(0.16 ×
Cap ◊◊).
COP = 1.3 + (0.16 × EER)
‡1/10/2008
No (See Section
II.C.).
‡1/10/2008
No (See Section
II.C.).
‡1/10/2008
No (See Section II.C.)
‡1/10/2008
No (See Section
II.C.).
Packaged Terminal Heat Pumps with Cooling Capacity ≥7,000 and <15,000 Btu/h,
and Non-Standard Size ◊ (Replacement).
EER = 10.0¥(0.16 ×
Cap ◊◊).
COP = 1.3 + (0.16 × EER)
Packaged Terminal Heat Pumps with Cooling Capacity >15,000 Btu/h, and Standard
Size ‡‡‡ (New Construction).
Packaged Terminal Heat Pumps with Cooling Capacity >15,000 Btu/h, and NonStandard Size ◊ (Replacement).
EER = 7.6 .........................
COP = 2.5 ........................
EER = 12.3¥(0.213 ×
Cap ◊◊).
COP = 3.2¥(0.026 ×
Cap ◊◊).
EER = 10.8¥(0.213 ×
Cap ◊◊).
COP = 2.9¥(0.026 ×
Cap ◊◊).
EER = 9.1 .........................
COP = 2.8 ........................
EER = 7.6 .........................
COP = 2.5 ........................
EER = 7.6 .........................
COP = 2.5 ........................
Commercial Water Heaters
Oil-Fired Instantaneous Water
≥4,000 Btu/h/gal and ≥10 gal.
Heaters
ET = 78% ..........................
SL = Q/800 + 110(Vr)1/2,
Btu/h.
ET = 78% ..........................
SL = Q/800 + 110(V)1/2,
Btu/h.
‡1/10/2008
No (See Section
II.D.1.).
Electric Storage Water Heaters .....................
SL = 0.3 + 27/Vm (%/h) ....
SL = 20 + 35(V)1/2, Btu/h
‡1/10/2008
No (See Section
II.D.2.).
Commercial Packaged Boilers
EC = 80% ..........................
ET = 80% ..........................
3/2/2010
Small Gas-Fired, Steam, All Except Natural
Draft Commercial Packaged Boilers.
jlentini on PROD1PC65 with PROPOSALS
Small Gas-Fired, Hot Water, Commercial
Packaged Boilers.
EC = 80% ..........................
ET = 79% ..........................
3/2/2010
Small Gas-Fired, Steam, Natural
Commercial Packaged Boilers.
EC = 80% ..........................
ET = 77% (Effective 03/2/
2010).
ET = 79% (Effective 03/2/
2020).
3/2/2010
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Yes (See Section
II.E.1, Section III,
and Table III.4.).
Yes (See Section
II.E.2, Section III,
and Table III.5.).
Yes (See Section
II.E.3, Section III,
and Table III.6.).
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
40775
TABLE I.1.—FEDERAL ENERGY CONSERVATION STANDARDS AND ENERGY EFFICIENCY LEVELS IN ASHRAE STANDARD
90.1–2007 FOR SPECIFIC TYPES OF COMMERCIAL EQUIPMENT*—Continued
ASHRAE equipment class
Federal energy
conservation standards
Energy efficiency levels in
ASHRAE Standard
90.1–2007
ASHRAE
Standard
90.1–2007
effective date
Energy-savings
potential analysis
required
Small Oil-Fired, Hot Water, Commercial
Packaged Boilers.
EC = 83% ..........................
ET = 82% ..........................
3/2/2010
Small Oil-Fired, Steam, Commercial Packaged Boilers.
EC = 83% ..........................
ET = 81% ..........................
3/2/2010
Large Gas-Fired, Hot Water, Commercial
Packaged Boilers.
EC = 80% ..........................
EC = 82% ..........................
3/2/2010
Large Gas-Fired, Steam, All except Natural
Draft, Boilers.
EC = 80% ..........................
ET = 79% ..........................
3/2/2010
Large Gas-Fired, Steam, Natural
Commercial Packaged Boilers.
EC = 80% ..........................
3/2/2010
Yes (See Section
II.E.4, Section III,
and Table III.7.).
Yes (See Section
II.E.5, Section III,
and Table III.8.).
Yes (See Section
II.E.6, Section III,
and Table III.9.).
Yes (See Section
II.E.7, Section III,
and Table III.10.).
Yes (See Section
II.E.8, Section III,
and Table III.11.).
3/2/2010
Draft,
Large Oil-Fired, Hot Water, Commercial
Packaged Boilers.
EC = 83% ..........................
ET = 77% (Effective 3/2/
2010).
ET = 79% (Effective 3/2/
2020).
EC = 84% ..........................
Large Oil-Fired, Steam, Commercial Packaged Boilers.
EC = 83% ..........................
ET = 81% ..........................
3/2/2020
3/2/2010
Yes (See Section
II.E.9, Section III,
and Table III.12.).
No (See Section
II.E.10.).
* All equipment classes included in this table are equipment where there is a perceived difference between the current Federal standard levels
and the efficiency levels specified by ASHRAE Standard 90.1–2007. Although, in some cases, the efficiency levels in this table may appear to be
equal or lower than the Federal energy conservation standards, DOE further reviewed the efficiency levels in ASHRAE Standard 90.1–2007 and
presented its findings in section II, Discussion of Equipment for Further Consideration.
** A vent damper is an acceptable alternative to a flue damper for those furnaces that draw combustion air from conditioned space.
*** Seasonal Energy Efficiency Ratio.
† Heating Seasonal Performance Factor.
†† British thermal units per hour (Btu/h).
††† Energy Efficiency Ratio.
‡ For the purposes of this NODA, the date shown in this column is the date of publication of ASHRAE Standard 90.1–2007 (Jan. 10, 2008) for
equipment where the ASHRAE Standard 90.1–2007 initially appears to be different from the Federal energy conservation standards and where
no effective date was specified by ASHRAE Standard 90.1–2007.
‡‡ For equipment rated according to the DOE test procedure, all EER values must be rated at 95°F outdoor dry-bulb temperature for air-cooled
products and evaporatively-cooled products, and at 85°F entering water temperature for water-cooled products. All COP values must be rated at
47°F outdoor dry-bulb temperature for air-cooled products, and at 70°F entering water temperature for water-source heat pumps.
‡‡‡ Standard size refers to PTAC or PTHP equipment with wall sleeve dimensions ≥16 inches high, or ≥42 inches wide.
◊ Non-standard size refers to PTAC or PTHP aequipment with wall sleeve dimensions less than 16 inches high and less than 42 inches wide.
ASHRAE/IESNA Standard 90.1–1999 also includes a factory labeling requirement for non-standard size PTAC and PTHP equipment as follows:
‘‘MANUFACTURED FOR REPLACEMENT APPLICATIONS ONLY; NOT TO BE INSTALLED IN NEW CONSTRUCTION PROJECTS.’’
◊◊ Cap means cooling capacity in kBtu/h at 95°F outdoor dry-bulb temperature.
◊◊◊ Coefficient of Performance.
jlentini on PROD1PC65 with PROPOSALS
D. Summary of DOE’s Preliminary
Assessment of Equipment for EnergySavings Analysis
DOE has reached a preliminary
conclusion for each of the classes of
commercial equipment for which
ASHRAE Standard 90.1–2007 modified
the pre-existing minimum efficiency
standard. For each class of commercial
equipment for which ASHRAE modified
the pre-existing standard, DOE assessed
whether the change made would
increase energy efficiency and,
therefore, require an energy-savings
potential analysis. This assessment is
summarized in Section II of this NODA.
Table I.1 indicates whether DOE
concluded, based on this assessment,
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19:25 Jul 15, 2008
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that an energy-savings potential analysis
is required. For those products for
which such an analysis is required, DOE
has indicated the results of its
preliminary analysis in section III.
Based upon DOE’s analysis in section
II, DOE has determined that ASHRAE
increased the efficiency level for the
following equipment classes.
Accordingly, DOE performed an energysavings analysis for these equipment
types, the results of which are presented
in section III. These equipment classes
include:
• Small, Gas-Fired Hot Water
Commercial Packaged Boilers;
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• Small, Gas-Fired, Steam, All Except
Natural Draft Commercial Packaged
Boilers;
• Small, Gas-Fired, Steam, Natural
Draft, Commercial Packaged Boilers;
• Small, Oil-Fired, Hot Water
Commercial Packaged Boilers;
• Small, Oil-Fired, Steam,
Commercial Packaged Boilers;
• Large, Gas-Fired, Hot Water
Commercial Packaged Boilers;
• Large, Gas-Fired, Steam, All Except
Natural Draft Commercial Packaged
Boilers;
• Large, Gas-Fired, Steam, Natural
Draft, Commercial Packaged Boilers;
• Large, Oil-Fired, Hot Water
Commercial Packaged Boilers.
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
II. Discussion of Equipment for Further
Consideration
As discussed above, before beginning
an analysis of the potential energy
savings that would result from adopting
the efficiency levels specified by
ASHRAE Standard 90.1–2007 or more
stringent efficiency levels, DOE first
determined whether or not the ASHRAE
Standard 90.1–2007 efficiency levels
actually represented an increase in
efficiency above the current Federal
standard levels. This section contains a
discussion of each equipment class
where the ASHRAE Standard 90.1–2007
efficiency level differs from the current
Federal standard level, along with a
preliminary conclusion as to the action
DOE would take with respect to that
equipment.
A. Commercial Warm-Air Furnaces
Under EPCA, a ‘‘warm air furnace’’ is
defined as ‘‘a self-contained oil- or gasfired furnace designed to supply heated
air through ducts to spaces that require
it and includes combination warm air
furnace/electric air-conditioning units
but does not include unit heaters and
duct furnaces.’’ (42 U.S.C. 6311(11)(A))
In its regulations, DOE defines a
‘‘commercial warm air furnace’’ as a
‘‘warm air furnace that is industrial
equipment, and that has a capacity
(rated maximum input) of 225,000 Btu
per hour or more.’’ 10 CFR 431.72. The
amendments in ASHRAE Standard
90.1–2007 trigger DOE to evaluate two
types of furnaces: (1) Gas-fired
commercial warm air furnaces, and (2)
oil-fired commercial warm air furnaces.
jlentini on PROD1PC65 with PROPOSALS
1. Gas-Fired Commercial Warm-Air
Furnaces
Gas-fired commercial warm-air
furnaces are fueled by either natural gas
or propane. The Federal minimum
energy conservation standard for
commercial gas-fired warm-air furnaces
corresponds to the efficiency level in
ASHRAE Standard 90.1–1999, which
specifies for equipment with a capacity
of 225,000 Btu/h or more, the thermal
efficiency at the maximum rated
capacity (rated maximum input) must
be no less than 80 percent. 10 CFR Part
431.77(a). The Federal minimum energy
conservation standard for gas-fired
commercial warm-air furnaces applies
to equipment manufactured on or after
January 1, 1994. 10 CFR 431.77.
ASHRAE changed the efficiency
levels for gas-fired commercial warm-air
furnaces by changing the metric from a
thermal efficiency descriptor to a
combustion efficiency descriptor and
adding three design requirements.
Specifically, the efficiency levels in
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ASHRAE Standard 90.1–2007 specify a
minimum combustion efficiency of 80
percent. ASHRAE Standard 90.1–2007
also specifies the following design
requirements for commercial gas-fired
warm-air furnaces: The gas-fired
commercial warm-air furnace must use
an interrupted or intermittent ignition
device, have jacket losses no greater
than 0.75 percent of the input rating,
and use a power vent or flue damper.
In order to evaluate the change in
efficiency level (if any) effectuated by
the amended ASHRAE standard, DOE
reviewed the change of metric for gasfired commercial warm-air furnaces. In
general, the energy efficiency of a
product is a function of the relationship
between the product’s output of services
and its energy input. A furnace’s output
is largely the energy content of its
output (i.e., warm air delivered to the
building). A furnace’s energy losses
consist of energy that escapes through
its flue (commonly referred to as ‘‘flue
losses’’), and of energy that escapes into
the area surrounding the furnace
(commonly referred to as ‘‘jacket
losses’’).
In a final rule published in the
Federal Register on October 21, 2004
(the October 2004 final rule), DOE
incorporated definitions for commercial
warm-air furnaces and its efficiency
descriptor, energy efficiency test
procedures, and energy conservation
standards. 69 FR 61916. In the October
2004 final rule, DOE pointed out that
EPCA specifies the energy conservation
standard levels for commercial warm-air
furnaces in terms of thermal efficiency
(42 U.S.C. 6313(a)(4)(A)–(B); 10 CFR
431.77), but provides no definition for
this term. DOE proposed to interpret
this term in the context of commercial
warm-air furnaces to mean combustion
efficiency (i.e., 100 percent minus
percent flue loss). Id. at 61919. Given
use of the thermal efficiency term in
EPCA and its continued use as the
efficiency descriptor for furnaces in
ANSI Standard Z21.47, Gas-Fired
Central Furnaces (DOE’s test procedure
for this equipment), DOE stated that it
would be confusing to use the term
‘‘combustion efficiency’’ in the final
rule. Accordingly, DOE defined the term
‘‘thermal efficiency’’ to mean 100
percent minus the percent flue loss in
the October 2004 final rule for gas-fired
commercial warm-air furnaces. Id.
Upon reviewing the efficiency levels
and methodology specified in ASHRAE
Standard 90.1–2007, DOE believes that
despite changing the name of the energy
efficiency descriptor from ‘‘thermal
efficiency’’ to ‘‘combustion efficiency,’’
ASHRAE did not intend to change the
efficiency metric for gas-fired
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commercial warm air furnaces. When
ASHRAE specified a newer version of
the test procedure manufacturers use for
gas-fired commercial air furnaces (i.e.,
ANSI Standard Z21.47–2001), the
calculation of thermal efficiency did not
change from the previous version. So
despite that change in the name of the
energy efficiency descriptor, DOE
believes that in the present context, the
terms are synonymous, because the
calculation of that value has not
changed (i.e. , 100 percent minus the
percent flue loss). DOE sees no plausible
reason why ASHRAE would have
chosen to incorporate a different metric
than that used in the ANSI Standard
Z21.47–2001 test procedure.
Consequently, because the amendments
for this type of product set out in
ASHRAE Standard 90.1–2007 do not
appear to have changed the efficiency
level, DOE tentatively plans to leave the
existing Federal energy conservation
standards in place for gas-fired
commercial warm air furnaces, which
specify a thermal efficiency of 80
percent using the definition of ‘‘thermal
efficiency’’ established by DOE in the
October 2004 final rule and presented in
subpart D to 10 CFR part 431.
2. Oil-Fired Commercial Warm-Air
Furnaces
The Federal minimum energy
conservation standard for commercial
oil-fired warm-air furnaces corresponds
to the efficiency level in ASHRAE
Standard 90.1–1999, which specifies
that for equipment with a capacity of
225,000 Btu/h or more, the thermal
efficiency at the maximum rated
capacity (rated maximum input) must
be no less than 81 percent. 10 CFR
431.77(b). The Federal minimum energy
conservation standard for oil-fired
commercial warm-air furnaces applies
to equipment manufactured on or after
January 1, 1994. 10 CFR 431.77.
The efficiency level in ASHRAE
Standard 90.1–2007 specifies a
minimum thermal efficiency of 81
percent. ASHRAE did not change the
efficiency levels for oil-fired commercial
warm-air furnaces, but ASHRAE added
three design requirements. ASHRAE
Standard 90.1–2007 now specifies that
commercial, oil-fired, warm-air furnaces
must use an interrupted or intermittent
ignition device, have jacket losses no
greater than 0.75 percent of the input
rating, and use a power vent or flue
damper.
DOE published a final rule in the
Federal Register on March 7, 2007,
which states that the statutory trigger
that requires DOE to adopt uniform
national standards based on ASHRAE
action is for ASHRAE to change a
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standard by increasing the energy
efficiency of the equipment listed in
EPCA section 342(a)(6)(A)(i) (42 U.S.C.
6313 (a)(6)(A)(i)). 72 FR 10038, 10042. If
ASHRAE merely considers raising the
standards for any of the equipment
listed in this section but ultimately
decides to leave the standard levels
unchanged or lowers the standard, DOE
does not have the authority to conduct
a rulemaking for higher standards. Id. If
ASHRAE imposes more stringent
standards for a specific subset of the
listed equipment, DOE only has the
authority to adopt the ASHRAE levels
for that subset of equipment and its
effective dates specified in the new
ASHRAE standard. Id.
In practice, 42 U.S.C. 6313 generally
allows ASHRAE Standard 90.1 to set
minimum energy efficiency levels for
equipment as a model building code
and directs DOE to use these efficiency
levels as the basis for maintaining
consistent, uniform national energy
conservation standards for the same
equipment, provided all other
applicable statutory requirements are
met. If ASHRAE has not changed an
efficiency level for a class of equipment
subject to 42 U.S.C. 6313, DOE does not
have authority to consider amending the
uniform national standard at the time of
publication of the amended ASHRAE
Standard 90.1. Therefore, although
ASHRAE added design requirements in
ASHRAE Standard 90.1–2007, it did not
change the efficiency levels for oil-fired
commercial warm-air furnaces.
Therefore, DOE does not have authority
to amend the uniform national standard
for this equipment. As stated in the
March 2007 final rule, DOE believes that
the statutory language specifically links
ASHRAE’s action in changing standards
for specific equipment as a prerequisite
to DOE’s action for that same
equipment. 72 FR 10038, 10042 (March
7, 2007).
B. Commercial Package AirConditioning and Heating Equipment
EPCA, as amended, includes the
following definition of ‘‘commercial
package air-conditioning and heating
equipment’’: ‘‘air-cooled, water-cooled,
evaporatively-cooled, or water source
(not including ground water source)
electrically operated, unitary central air
conditioners and central airconditioning heat pumps for
commercial application.’’ (42 U.S.C.
6311(8)(A); 10 CFR 431.92) EPCA also
defines ‘‘small,’’ ‘‘large,’’ and ‘‘very
large commercial package airconditioning and heating equipment’’
based on the equipment’s rated cooling
capacity. (42 U.S.C. 6311(8)(B)–(D); 10
CFR 431.92) ‘‘Small commercial
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17:14 Jul 15, 2008
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package air-conditioning and heating
equipment’’ means ‘‘commercial
package air-conditioning and heating
equipment that is rated below 135,000
Btu per hour (cooling capacity).’’ (42
U.S.C. 6311(8)(B); 10 CFR 431.92)
‘‘Large commercial package airconditioning and heating equipment’’
means ‘‘commercial package airconditioning and heating equipment
that is rated: (i) at or above 135,000 Btu
per hour; and (ii) below 240,000 Btu per
hour (cooling capacity). (42 U.S.C.
6311(8)(C); 10 CFR 431.92) ‘‘Very large
commercial package air-conditioning
and heating equipment’’ means
‘‘commercial package air-conditioning
and heating equipment that is rated: (i)
at or above 240,000 Btu per hour; and
(ii) below 760,000 Btu per hour (cooling
capacity). (42 U.S.C. 6311(8)(D); 10 CFR
431.92)
1. Three-Phase, Through-the-Wall AirCooled Air Conditioners and Heat
Pumps
ASHRAE Standard 90.1–2007
identifies efficiency levels for threephase through-the-wall air-cooled air
conditioners and heat pumps, single
package and split systems, with a
cooling capacity of no greater than
30,000 Btu/h. The efficiency levels
specified by ASHRAE Standard 90.1–
2007 include a seasonal energy
efficiency ratio of 12.0 for cooling mode
and a heating seasonal performance
factor of 7.4 for equipment
manufactured on or after January 23,
2010.8 ASHRAE aligned these efficiency
levels and its corresponding effective
dates with the efficiency levels
established in EPCA for single-phase
residential versions of the same
products.
Neither EPCA nor DOE has
established a specific definition for
commercial ‘‘through-the-wall aircooled air conditioners and heat
pumps.’’ The residential through-thewall air-cooled air conditioners and heat
pumps covered under EPCA, as
amended by the National Appliance
Energy Conservation Act of 1987
(NAECA) (Pub. L. 100–12) and defined
in 10 CFR 430.2, are by definition
single-phase products, whereas the
commercial through-the-wall air-cooled
air conditioners and heat pumps
mentioned in ASHRAE Standard 90.1–
2007 are three-phase products. In its
regulations, DOE defines a residential
‘‘through-the-wall air conditioner and
8 ASHRAE provides the same requirement for
single-phase and three-phase through-the-wall aircooled air conditioners and heat pumps used in
covered commercial buildings, but points out that
single-phase products are regulated as residential
products under 10 CFR 430.32(c)(2).
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40777
heat pump’’ as ‘‘a central air conditioner
or heat pump that is designed to be
installed totally or partially within a
fixed-size opening in an exterior wall.
* * *’’ 10 CFR 430.2. Furthermore, this
equipment: (1) Must be manufactured
before January 23, 2010; (2) must not be
weatherized; (3) must be clearly and
permanently marked for installation
only through an exterior wall; (4) have
a rated cooling capacity no greater than
30,000 Btu/h; (5) exchange all of its
outdoor air across a single surface of the
equipment cabinet; and (6) have a
combined outdoor air exchange area of
less than 800 square inches (split
systems) or less than 1,210 square
inches (single packaged systems) as
measured on the surface described in
paragraph (5) of this definition. Id.
In terms of equipment construction,
commercial and residential through-thewall air-cooled air conditioners and heat
pumps are believed to utilize the same
components in the same configurations
to provide space cooling and heating.
DOE believes commercial versions of
through-the-wall air-cooled air
conditioners and heat pumps are
essentially the same as residential
versions, except that they are powered
using three-phase electric power.
EPCA does not separate three-phase,
through-the-wall air-cooled air
conditioners and heat pumps from other
types of small commercial package airconditioning and heating equipment in
its definitions. Therefore, EPCA’s
definition of ‘‘small commercial package
air-conditioning and heating
equipment’’ would include three-phase
through-the-wall air-cooled air
conditioners and heat pumps. Although
EPCA does not use the term ‘‘threephase through-the-wall air-cooled air
conditioners and heat pumps,’’ the
three-phase versions of this equipment,
regardless of cooling capacity, fall
within the definition of ‘‘small
commercial package air-conditioning
and heating equipment.’’ (42 U.S.C.
6311(8)(A)-(B)) There is no language in
EPCA to indicate that three-phase
through-the-wall air-cooled air
conditioners and heat pumps are a
separate type of covered equipment.
The Federal energy conservation
standards for three-phase, commercial
package air conditioners and heat
pumps less than 65,000 Btu/h were
established by EISA 2007 for such
products manufactured on or after June
19, 2008. Specifically, section
314(b)(4)(C) of EISA 2007 amended
section 342(a) of EPCA (42 U.S.C.
6313(a)) by adding new provisions for
three-phase commercial package air
conditioners with a cooling capacity of
less than 65,000 Btu/h. (42 U.S.C.
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6313(a)(7)(D)) The provision in EISA
2007 mandates minimum seasonal
energy efficiency ratios for cooling
mode and minimum heating seasonal
performance factors for heating mode of
air-cooled, three-phase electric central
air conditioners and central airconditioning heat pumps with a cooling
capacity of less than 65,000 Btu/h.9
Three-phase, through-the-wall, aircooled air conditioners and heat pumps
are a smaller subset of three-phase
commercial package air conditioners
with a cooling capacity of less than
65,000 Btu/h and were not explicitly
excluded from the standards in section
314(b)(4)(C) of EISA 2007. Because EISA
2007 set such standards, DOE must
follow them, and they are more
stringent than the levels contained in
ASHRAE Standard 90.1–2007 for those
products. Accordingly, DOE affirms that
the EISA 2007 efficiency levels for small
commercial package air-conditioning
and heating equipment less than 65,000
Btu/h apply to three-phase through-thewall air-cooled air conditioners and heat
pumps with a cooling capacity no
greater than 30,000 Btu/h. (42 U.S.C.
6313(a)(7)(D)) Therefore, no further
analysis is required for three-phase,
through-the-wall, air-cooled air
conditioners and heat pumps.
jlentini on PROD1PC65 with PROPOSALS
2. Three-Phase, Small-Duct, HighVelocity Air-Cooled Air Conditioners
and Heat Pumps
ASHRAE Standard 90.1–2007
identifies efficiency levels for threephase small-duct, high-velocity (SDHV)
air-cooled air conditioners and heat
pumps, both single-package and split
systems, with a cooling capacity less
than 65,000 Btu/h.10 The efficiency
9 Section 314(b)(4)(C) of EISA specifies for
‘‘equipment manufactured on or after the later of
January 1, 2008, or the date that is 180 days after
the date of enactment of the Energy Independence
and Security Act of 2007—
(i) The minimum seasonal energy efficiency ratio
of air-cooled 3-phase electric central air
conditioners and central air-conditioning heat
pumps less than 65,000 Btu per hour (cooling
capacity), split systems, shall be 13.0;
(ii) the minimum seasonal energy efficiency ratio
of air-cooled 3-phase electric central air
conditioners and central air-conditioning heat
pumps less than 65,000 Btu per hour (cooling
capacity), single package, shall be 13.0;
(iii) the minimum heating seasonal performance
factor of air-cooled 3-phase electric central airconditioning heat pumps less than 65,000 Btu per
hour (cooling capacity), split systems, shall be 7.7;
and
(iv) the minimum heating seasonal performance
factor of air-cooled 3-phase electric central airconditioning heat pumps less than 65,000 Btu per
hour (cooling capacity), single package, shall be
7.7.’’ (42 U.S.C. 6313(a)(7)(D))
10 ASHRAE Standard 90.1–2007 includes
efficiency levels for three-phase and single-phase
SDHV air-cooled air conditioners and heat pumps
used in commercial buildings. ASHRAE Standard
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levels specified by ASHRAE Standard
90.1–2007 include a seasonal energy
efficiency ratio of 10.0 for cooling mode
and a heating seasonal performance
factor of 6.8 for equipment. ASHRAE
aligned these efficiency levels and the
corresponding effective dates with the
efficiency levels established in EPCA for
single-phase residential versions of the
same products.
Just as with three-phase, through-thewall air-cooled air conditioners and heat
pumps, neither EPCA nor DOE has
established a specific definition for
commercial ‘‘three-phase SDHV air
conditioners and heat pumps.’’ In its
regulations, DOE defines a residential
small-duct, high-velocity (SDHV) aircooled air conditioner or heat pump as
‘‘a heating and cooling product that
contains a blower and indoor coil
combination that: (1) Is designed for,
and produces, at least 1.2 inches of
external static pressure when operated
at the certified air volume rate of 220–
350 CFM [cubic feet per minute] per
rated ton of cooling; and (2) When
applied in the field, uses high velocity
room outlets generally greater than
1,000 fpm [feet per minute] which have
less than 6.0 square inches of free area.’’
10 CFR 430.2.
In terms of equipment construction,
commercial and residential SDHV air
conditioners and heat pumps are
believed to utilize the same components
in the same configurations to provide
space cooling and heating. DOE believes
commercial versions of SDHV systems
are essentially the same as residential
versions, except that they are powered
using three-phase electric power.
EPCA does not separate three-phase,
SDHV air conditioners and heat pumps
from other types of small commercial
package air-conditioning and heating
equipment in its definitions. Therefore,
EPCA’s definition of ‘‘small commercial
package air-conditioning and heating
equipment’’ would include three-phase
SDHV air conditioners and heat pumps.
Although EPCA does not use the term
‘‘three-phase SDHV air conditioners and
heat pumps,’’ the three-phase versions
of this equipment, regardless of cooling
capacity, fall within the definition of
‘‘small commercial package airconditioning and heating equipment.’’
(42 U.S.C. 6311(8)(A)–(B)) There is no
language in EPCA to indicate that threephase SDHV air conditioners and heat
pumps are a separate type of covered
equipment.
The Federal energy conservation
standards for three-phase, commercial
package air conditioners and heat
pumps less than 65,000 Btu/h were
established by EISA 2007 for products
manufactured on or after June 19, 2008.
Specifically, section 314(b)(4)(C) of
EISA 2007 amended section 342(a) of
EPCA (42 U.S.C. 6313(a)) by adding new
provisions for three-phase commercial
package air conditioners with a cooling
capacity of less than 65,000 Btu/h. (42
U.S.C. 6313(a)(7)(D)) As mentioned
previously, the provision in EISA 2007
mandates minimum seasonal energy
efficiency ratios for cooling mode and
minimum heating seasonal performance
factors for heating mode of air-cooled,
three-phase electric central air
conditioners and central airconditioning heat pumps with a cooling
capacity of less than 65,000 Btu/h. (42
U.S.C. 6313(a)(7)(D)) Three-phase,
SDHV air conditioners and heat pumps
are a smaller subset of three-phase
commercial package air conditioners
with a cooling capacity of less than
65,000 Btu/h and were not explicitly
excluded from the standards in section
314(b)(4)(C) of EISA 2007. Because EISA
2007 set such standards, DOE must
follow them, and they are more
stringent than the levels contained in
ASHRAE Standard 90.1–2007 for those
products.
Additionally, the residential versions
of SDHV are subject to an exception
issued by the Office of Heating and
Appeals (OHA). On October 14, 2004,
OHA granted an exception to SpacePak
and Unico, Inc., authorizing them to
manufacture SDHV systems (as defined
in 10 CFR 430.2) with a SEER of no less
than 11.0 and an HSPF of 6.8. The
exception relief will remain in effect
until the agency modifies the general
energy efficiency standard for central air
conditioners and establishes a different
standard for SDHV systems that
complies with EPCA.11 However, this
exception only applies to the
residential, single-phase SDHV systems
and would, therefore, exclude threephase SDHV equipment.
Thus, manufacturers of three-phase
SDHV equipment must follow the
energy conservation standards in EISA
2007. Accordingly, DOE affirms that the
EISA 2007 efficiency levels for threephase small commercial package airconditioning and heating equipment
less than 65,000 Btu/h apply to threephase SDHV air-cooled air conditioners
and heat pumps with a cooling capacity
90.1–2007 also includes a footnote to these
provisions, which indicates that the single-phase
versions of this equipment are regulated as
residential products under 10 CFR 430.32(c)(2).
11 DOE’s Office of Hearing and Appeals. Decision
and Order: Applications for Exception. October 14,
2004. https://www.oha.doe.gov/cases/ee/
tee0010.pdf.
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less than 65,000 Btu/h. Therefore, no
further analysis is required for the threephase SDHV air-cooled air conditioners
and heat pumps.
jlentini on PROD1PC65 with PROPOSALS
3. Commercial Package Air-Cooled Air
Conditioners With a Cooling Capacity at
or Above 760,000 Btu per Hour
EPCA specifies energy conservation
standards for small (cooling capacities
at or above 65,000 and less than 135,000
Btu/h), large (cooling capacities at or
above 135,000 and less than 240,000
Btu/h), and very large (cooling
capacities at or above 240,000 and less
than 760,000 Btu/h) commercial
package air-cooled air conditioners. (42
U.S.C. 6313(a)(1)–(2), (7)–(9); 10 CFR
Part 431.97) However, there are no
Federal energy conservation standards
for commercial package air-cooled air
conditioners with a cooling capacity at
or above 760,000 Btu/h. In contrast,
ASHRAE Standard 90.1–2007 sets the
minimum energy efficiency levels for
this equipment at 9.7 EER for equipment
with electric resistance heating, and 9.5
EER for equipment with any other type
of heating or without heating. The
efficiency level in ASHRAE Standard
90.1–2007 applies to equipment
manufactured on or after January 1,
2010.
Thus, units with capacities at or
above 760,000 Btu/h fall outside the
definitions of the small, large, and very
large commercial package air-cooled air
conditioner equipment classes
established in EPCA. (42 U.S.C.
6311(8)(A)–(D); 10 CFR Part 431.92)
Therefore, DOE has tentatively
concluded that it does not have the
authority to review the efficiency level
for that equipment.
4. Water-Cooled and EvaporativelyCooled Commercial Package Air
Conditioners and Heat Pumps With a
Cooling Capacity at or Above 135,000
Btu per Hour and Less Than 240,000
Btu per Hour
The current Federal energy
conservation standard for water-cooled
and evaporatively-cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 135,000 Btu/h and less than
240,000 Btu/h requires an EER no less
than 11.0 for equipment manufactured
on or after October 29, 2004. 10 CFR
431.97, Table 1.
ASHRAE Standard 90.1–2007
includes the same efficiency level for
water-cooled and evaporatively-cooled
commercial package air conditioners
and heat pumps with a cooling capacity
at or above 135,000 Btu/h and less than
240,000 Btu/h that use electric
resistance heating (i.e., an EER no less
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than 11.0). However, ASHRAE Standard
90.1–2007 specifies a different
efficiency level for water-cooled and
evaporatively-cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 135,000 Btu/h and less than
240,000 Btu/h that use any type of
heating other than electric resistance
(i.e., an EER no less than 10.8).
DOE reviewed the January 2001 final
rule and ASHRAE Standard 90.1–1999
to determine the efficiency levels
applicable to water-cooled and
evaporatively-cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 135,000 Btu/h and less than
240,000 Btu/h. The January 2001 final
rule did not establish different
efficiency levels for different types of
supplemental heating systems
associated with this equipment. All
large water-cooled and evaporativelycooled commercial package air
conditioners and heat pumps were
subject to the same minimum efficiency
level of 11.0 EER regardless of heating
type. ASHRAE Standard 90.l–1999 did
establish different efficiency levels
applicable to water-cooled and
evaporatively-cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 135,000 Btu/h and less than
240,000 Btu/h for different types of
supplemental heating systems.
DOE has tentatively concluded that
the ASHRAE Standard 90.1–2007
efficiency levels for water-cooled and
evaporatively cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 135,000 Btu/h and less than
240,000 Btu/h that utilize any type of
heating other than electric resistance
would have the effect of lowering the
minimum efficiency levels (i.e., EER)
required by EPCA and allow increased
energy consumption. Because of
backsliding concerns, DOE has
tentatively decided not to adopt the
ASHRAE Standard 90.1–2007 efficiency
levels for water-cooled and
evaporatively cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 135,000 Btu/h and less than
240,000 Btu/h that utilize any type of
heating other than electric resistance.
Therefore, further analysis is not
required.
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40779
5. Water-Cooled and EvaporativelyCooled Commercial Package Air
Conditioners and Heat Pumps With a
Cooling Capacity at or Above 240,000
Btu per Hour
EPCA defines ‘‘commercial package
air-conditioning and heating
equipment’’ as ‘‘air-cooled, watercooled, evaporatively-cooled, or water
source (not including ground water
source) electrically operated, unitary
central air conditioners and central airconditioning heat pumps for
commercial application.’’ (42 U.S.C.
6311(8)(A); 10 CFR 431.92) EPCA goes
on to define ‘‘very large commercial
package air-conditioning and heating
equipment’’ as commercial package airconditioning and heating equipment
that is rated at or above 240,000 Btu per
hour and below 760,000 Btu per hour
(cooling capacity). (42 U.S.C.
6311(8)(D); 10 CFR 431.92) Although
water-cooled and evaporatively-cooled
commercial package air conditioners
and heat pumps with a cooling capacity
at or above 240,000 Btu/h and less than
760,000 Btu/h fall within the definition
of very large commercial package airconditioning and heating equipment,
EPCA does not specify Federal energy
conservation standards for this
equipment class. (EPCA set standards
for air-cooled systems only, under 42
U.S.C. 6313(a)(7)–(9).) ASHRAE added
this new equipment class to ASHRAE
Standard 90.1–2007, setting minimum
efficiency levels at 11.0 EER for
equipment with electric resistance
heating, and at 10.8 EER for equipment
with all other types of heating or
without heating. Under EPCA, DOE
must either adopt the efficiency level
specified in ASHRAE Standard 90.1–
2007 for this new class of equipment, or
consider a more stringent level that
would result in significant additional
energy savings and is technologically
feasible and economically justified. (42
U.S.C. 6313(a)(6))
DOE reviewed the market for watercooled and evaporatively-cooled
commercial package air conditioners
and heat pumps and found that
manufacturers offer few models.
Furthermore, DOE surveyed the Airconditioning, Heating, and Refrigerating
Institute (AHRI) Directory of Certified
Product Performance and did not
identify any equipment on the market
with a cooling capacity at or above
240,000 Btu/h. Because there is
currently no equipment in this class
being manufactured, there are no energy
savings associated with this class at this
time; therefore, it is not possible to
assess the potential for additional
energy savings beyond the levels
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jlentini on PROD1PC65 with PROPOSALS
anticipated in ASHRAE Standard 90.1–
2007. Thus, DOE did not perform a
potential energy-savings analysis on this
equipment type. DOE seeks comments
from interested parties on the market
and energy savings potential for this
equipment type. This is Issue 1 under
‘‘Issues on Which DOE Seeks Comment’’
in section IV.B of this NODA.
C. Packaged Terminal Air Conditioners
and Heat Pumps
EPCA defines a ‘‘packaged terminal
air conditioner’’ as ‘‘a wall sleeve and a
separate unencased combination of
heating and cooling assemblies
specified by the builder and intended
for mounting through the wall. It
includes a prime source of refrigeration,
separable outdoor louvers, forced
ventilation, and heating availability by
builder’s choice of hot water, steam, or
electricity.’’ (42 U.S.C. 6311(10)(A))
EPCA defines a ‘‘packaged terminal heat
pump’’ as ‘‘a packaged terminal air
conditioner that utilizes reverse cycle
refrigeration as its prime heat source
and should have supplementary heat
source available to builders with the
choice of hot water, steam, or electric
resistant heat.’’ (42 U.S.C. 6311(10)(B))
DOE codified these definitions in 10
CFR 431.92 in a final rule published in
the Federal Register on October 21,
2004. 69 FR 61962, 61970.
The current energy conservation
standards in EPCA for PTACs and
PTHPs apply to all equipment
manufactured on or after January 1,
1994 (42 U.S.C. 6313(a)(3)), and
correspond to the minimum efficiency
levels in ASHRAE/IESNA Standard
90.1–1989. ASHRAE specified more
stringent efficiency levels for PTACs
and PTHPs in ASHRAE Standard 90.1–
2007, corresponding to the efficiency
levels in ASHRAE Standard 90.1–1999.
The efficiency levels vary by equipment
type (i.e., air conditioner or heat pump),
wall sleeve dimensions (i.e., new
construction and replacement), and
cooling capacity.
In response to the efficiency levels in
ASHRAE Standard 90.1–1999, the
March 2007 final rule states that DOE
has decided to explore more stringent
efficiency levels than in ASHRAE/
IESNA Standard 90.1–1999 for PTACs
and PTHPs through a separate
rulemaking. 72 FR 10038, 10045 (March
7, 2007). Recently, DOE published a
notice of proposed rulemaking (NOPR)
proposing more stringent standards than
the efficiency levels in ASHRAE
Standard 90.1–2007 for all types of
PTACs and PTHPs. 73 FR 18858 (April
7, 2008). Since DOE is evaluating
standard levels for packaged terminal
air conditioners and heat pumps in a
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separate rulemaking,12 DOE is
excluding PTACs and PTHPs from
further consideration, and interested
parties can review the energy savings
potential of more stringent efficiency
levels in the April 2008 NOPR.
D. Commercial Water Heaters
1. Oil-Fired Instantaneous Water
Heaters
EPCA defines an ‘‘instantaneous
water heater’’ as ‘‘a water heater that has
an input rating of at least 4,000 Btu per
hour per gallon of stored water.’’ (42
U.S.C. 6311(12)(B)) DOE incorporated a
more specific definition of
instantaneous water heater into 10 CFR
431.105, which specifies that an oilfired instantaneous water heater has an
input rating no less than 4,000 Btu/h per
gallon of stored water, and that it is
industrial equipment (including
equipment that heats water to 180 °F or
higher).
The Federal energy conservation
standard for oil-fired instantaneous
water heaters is a minimum thermal
efficiency of 78 percent and a maximum
standby loss of Q/800 + 110(Vr)1/2,
where Q is the nameplate input rating
in Btu/h and Vr is the rated volume in
gallons. 10 CFR 431.110. ASHRAE
Standard 90.1–2007 did not change this
minimum thermal efficiency
requirement. ASHRAE Standard 90.1–
2007 contains an efficiency-level
specification for the maximum standby
loss, which is Q/800 + 110(V)1/2, where
Q is the nameplate input rating in Btu/
h and V is the rated volume in gallons.
Since Vr and V are both defined as rated
volume in gallons, DOE has determined
there is no difference between the
standby provisions for the Federal
energy conservation standard and the
requirements specified by ASHRAE
Standard 90.1–2007. Therefore, further
analysis is not required.
2. Electric Storage Water Heaters
EPCA defines a ‘‘storage water heater’’
as equipment that ‘‘heats and stores
water within the appliance at a
thermostatically controlled temperature
for delivery on demand. Such term does
not include units with an input rating
of 4,000 Btu/hr or more per gallon of
stored water.’’ (42 U.S.C. 6311(12)(A);
10 CFR 431.102) Electric storage water
heaters are storage water heaters that
heat water using electric resistance
heating elements.
12 For more information about the Packaged
Terminal Air Conditioners and Heat Pumps
rulemaking, visit the DOE Web site at: https://
www.eere.energy.gov/buildings/
appliance_standards/commercial/
packaged_ac_hp.html.
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The Federal energy conservation
standard for electric storage water
heaters is set under EPCA as ‘‘the
maximum standby loss, in percent per
hour, of electric storage water heaters
shall be 0.30 + (27/Measured Storage
Volume [in gallons]).’’ (42 U.S.C.
6313(a)(5)(A); 10 CFR 431.110) ASHRAE
Standard 90.1–2007 (which remains
unchanged from Standard 90.1–1999)
specifies a maximum standby loss in
Btu per hour, of 20 + (35√V), where V
is the rated volume of the tank in
gallons.
As discussed in the January 2001 final
rule, DOE determined that the efficiency
level in ASHRAE Standard 90.1–1999
(which is the same as the efficiency
level specified by ASHRAE Standard
90.1–2007) would increase energy
consumption relative to the standard in
EPCA. 66 FR 3336, 3350 (Jan. 12, 2001).
DOE further stated that under these
circumstances, DOE cannot adopt the
new efficiency level, because EPCA
stipulates that its standards cannot be
relaxed. Id. Therefore, DOE did not
adopt the requirement specified by
ASHRAE Standard 90.1–1999 for
electric storage water heaters, thereby
leaving the existing EPCA standards in
place.
Since ASHRAE incorporated exactly
the same efficiency levels in ASHRAE
Standard 90.1–2007 as it did in
ASHRAE Standard 90.1–1999, DOE
does not see why its conclusion would
differ from the one it presented in the
January 2001 final rule. Under these
circumstances, DOE has tentatively
concluded that it cannot adopt the
amended efficiency level for electric
storage water heaters. Therefore, no
further analysis is necessary.
E. Commercial Packaged Boilers
EPCA defines a ‘‘packaged boiler’’ as
‘‘a boiler that is shipped complete with
heating equipment, mechanical draft
equipment, and automatic controls;
usually shipped in one or more
sections.’’ (42 U.S.C. 6311(11)(B)). In its
regulations at 10 CFR 431.102, DOE
further refined the ‘‘packaged boiler’’
definition to not include a boiler that is
custom designed and field constructed;
additionally, if the boiler is shipped in
more than one section, the sections may
be produced by more than one
manufacturer, and may be originated or
shipped at different times and from
more than one location. There are
various different types of commercial
packaged boilers, which can be
distinguished based on the input
capacity size (i.e., small or large), fuel
type (i.e., oil or gas), output (i.e., hot
water or steam), and draft type (i.e.,
natural draft or other).
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The Federal energy conservation
standards separate commercial
packaged boilers only by the type of fuel
used by the boiler, creating two
equipment classes: (1) gas-fired, and (2)
oil-fired. (42 U.S.C. 6313(a)(4)(C)–(D);
10 CFR 431.87). ASHRAE Standard
90.1–2007 further divided these two
equipment classes into the following ten
classes:
• Small, gas-fired, hot water boilers;
• Small, gas-fired, steam, all except
natural draft;
• Small, gas-fired, steam, natural draft
boilers;
• Small, oil-fired, hot water boilers;
• Small, oil-fired, steam boilers;
• Large, gas-fired, hot water boilers;
• Large, gas-fired, steam, all except
natural draft boilers;
• Large, gas-fired, steam, natural draft
boilers;
• Large, oil-fired, hot water boilers;
and
• Large, oil-fired, steam boilers.
EPCA specified minimum Federal
standards for commercial packaged
boilers manufactured on or after January
1, 1994. (42 U.S.C. 6313(a)(4)(C)–(D); 10
CFR 431.87). The minimum combustion
40781
efficiency at the maximum rated
capacity of a gas-fired packaged boiler
with capacity of 300,000 Btu/h (300
kBtu/h) or more shall be 80 percent. (42
U.S.C. 6313(a)(4)(C); 10 CFR 431.87(a))
The minimum combustion efficiency at
the maximum rated capacity of an oilfired packaged boiler with capacity of
300,000 Btu/h or more shall be 83
percent. (42 U.S.C. 6313(a)(4)(D); 10
CFR 431.87(b))
Table II.1 shows the ten equipment
classes and efficiency levels established
by ASHRAE.
TABLE II.1.—ASHRAE STANDARD 90.1–2007 ENERGY EFFICIENCY LEVELS FOR COMMERCIAL PACKAGED BOILERS
Size category
(Input kBtu/h)
Equipment type
Small, Gas, Hot Water .....................................................................................
Small, Gas, Steam, All Except Natural Draft ...................................................
Small, Gas, Steam, Natural Draft ....................................................................
Small, Oil, Hot Water .......................................................................................
Small, Oil, Steam .............................................................................................
Large, Gas, Hot Water ....................................................................................
Large, Gas, Steam, All Except Natural Draft ..................................................
Large, Gas, Steam, Natural Draft ....................................................................
Large, Oil, Hot Water .......................................................................................
Large, Oil, Steam .............................................................................................
300–2,500
300–2,500
300–2,500
300–2,500
300–2,500
>2,500
>2,500
>2,500
>2,500
>2,500
ASHRAE standard
90.1–2007
(effective 3/2/2010)*
(percent)
ET = 80.0
ET = 79.0
ET = 77.0
ET = 82.0
ET = 81.0
EC = 82.0
ET = 79.0
ET = 77.0
EC = 84.0
ET = 81.0
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
ASHRAE standard
90.1–2007
(effective 3/2/2020)*
(percent)
ET = 80.0.
ET = 79.0.
ET = 79.0.
ET = 82.0.
ET = 81.0.
EC = 82.0.
ET = 79.0.
ET = 79.0.
EC = 84.0.
ET = 81.0.
* EC, combustion efficiency; ET, thermal efficiency.
jlentini on PROD1PC65 with PROPOSALS
ASHRAE changed the metric for
determining energy efficiency for five
equipment classes of small commercial
packaged boilers and three equipment
classes of large commercial packaged
boilers in ASHRAE Standard 90.1–2007.
The Federal energy conservation
standards for these eight equipment
classes are expressed in terms of
combustion efficiency, whereas the
efficiency levels in ASHRAE Standard
90.1–2007 are expressed in terms of
thermal efficiency.
The combustion efficiency descriptor
used in EPCA for commercial packaged
boilers differs from the thermal
efficiency descriptor used in Standard
90.1–2007.13 In general, the energy
efficiency of a product is a function of
the relationship between the product’s
output of services and its energy input.
A boiler’s output of services is measured
largely by the energy content of its
output (steam or hot water).
Consequently, its efficiency is often
viewed as the ratio between its energy
13 The combustion efficiency descriptor and the
thermal efficiency descriptor are defined differently
for commercial warm air furnaces and commercial
packaged boilers. The thermal efficiency descriptor
as it applies to commercial warm air furnaces is
defined in Subpart D of 10 CFR part 430 as ‘‘one
minus flue losses,’’ which corresponds to the
combustion efficiency descriptor for commercial
packaged boilers.
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output and energy input, with the
energy output being calculated as the
energy input minus the energy lost in
producing the output. A boiler’s energy
losses consist of energy that escapes
through its flue (commonly referred to
as ‘‘flue losses’’), and of energy that
escapes into the area surrounding the
boiler (commonly referred to as ‘‘jacket
losses’’). The combustion efficiency
descriptor described in EPCA only
accounts for flue losses and typically is
defined as ‘‘100 percent minus percent
flue loss.’’ (42 U.S.C. 6313(4)(C)–(D))
The thermal efficiency descriptor, as
used in Standard 90.1–2007, accounts
for jacket losses as well as flue losses,
so it can be considered combustion
efficiency minus jacket loss. Because all
boilers will have at least some jacket
losses (even if small) and because
thermal efficiency takes these losses
into account, the thermal efficiency for
a particular boiler will always be lower
than its combustion efficiency.
There is no direct mathematical
correlation between these two measures
of efficiency. The factors that contribute
to jacket loss (e.g. , the boiler’s design
and materials) have little or no direct
bearing on combustion efficiency. The
lack of correlation between combustion
efficiency and thermal efficiency
presents some difficulties in
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determining how an energy
conservation standard based on thermal
efficiency, rather than combustion
efficiency, would affect the energy
consumption of commercial packaged
boilers.
EPCA provides that DOE may not
prescribe any amended standard that
increases the maximum allowable
energy use, or decreases the minimum
required energy efficiency of a product
covered product. (42 U.S.C. 6316(a); 42
U.S.C. 6295(o)(1)) Therefore, in
evaluating whether to adopt the thermal
efficiency levels in ASHRAE Standard
90.1–2007 for these eight equipment
classes, DOE needed to determine
whether or not they decrease the
efficiency levels of the combustion
efficiencies that EPCA currently
requires.
DOE used the same methodology
established in the March 2006 Notice of
Availability and the March 2007 final
rule for investigating the metric change
for these eight equipment classes. 71 FR
12634, 12639–40 (March 13, 2006); 72
FR 10038, 10043 (March 7, 2007). If the
numeric value for the minimum thermal
efficiency (expressed as a percentage)
were at or above the value for the
combustion efficiency (expressed as a
percentage), then clearly the ASHRAE
Standard 90.1–2007 efficiency levels
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would not be lower than the EPCA
energy conservation standard levels. If
ASHRAE Standard 90.1–2007’s thermal
efficiency levels for each product class
of commercial boilers were only slightly
lower numerically than EPCA’s
combustion efficiency standards for
such equipment, the Standard 90.1–
2007 efficiency levels also probably
would not represent a reduction in
stringency of the minimum efficiency
levels (although this would need to be
confirmed). However, because the
ASHRAE Standard 90.1–2007 thermal
efficiency levels for some product
classes of commercial packaged boilers
have more than a small percentage point
difference as compared to EPCA’s
combustion efficiency levels, DOE must
carefully assess whether the Standard
90.1–2007 levels would represent a
reduction of existing standards.
To this end, DOE reviewed the AHRI’s
Institute of Boiler and Radiation
Manufacturers (I=B=R) ratings
directories for 2008.14 The I=B=R
directory provides efficiency ratings for
most of the commercial packaged
boilers for sale in the United States.
DOE specifically reviewed boilers that
fell into each of the eight equipment
classes for which a metric change
occurred. For each equipment class
analyzed, DOE identified the average
combustion and thermal efficiencies.
DOE also identified the average thermal
efficiency for those boilers DOE
considers minimally compliant (i.e.,
those boilers with a combustion
efficiency equal to the Federal energy
conservation standards).
For approximately 81 percent of the
boilers DOE examined, the directory
provided both the thermal efficiency
and combustion efficiency levels. For
8.5 percent of these boilers, the ratings
appear to be erroneous because the
directory lists a thermal efficiency rating
greater than its combustion efficiency
rating, which is physically impossible.15
As explained above, thermal efficiency
includes the effects of jacket losses,
whereas combustion efficiency does not.
Excluding these boilers, DOE reviewed
the thermal and combustion efficiency
ratings for the remaining 74.3 percent of
the boilers, where both types of
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14 The
Air-conditioning, Heating, and
Refrigerating Institute, I=B=R Ratings for Boilers,
Baseboard Radiation, Finned Tube (Commercial)
Radiation, and Indirect-Fired Water Heaters (Jan.
2008). Available at: https://www.gamanet.org/gama/
inforesources.nsf/vAttachmentLaunch/
E9E5FC7199EBB1BE85256FA100838435/$FILE/0108_CBR.pdf.
15 These anomalous ratings are likely due to
Hydronics Institute’s (HI) de-rating procedures,
manufacturers’ interpolation of results, varying test
chambers and instrument calibration among
manufacturers, or submittal of erroneous ratings.
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efficiency ratings are listed in the 2008
I=B=R directory. DOE presents its
review of the efficiency levels in
ASHRAE Standard 90.1–2007 for all ten
equipment classes of commercial
packaged boilers and its review of the
I=B=R directory for each of the eight
equipment classes where a metric
change occurred. DOE’s review of each
commercial packaged boiler equipment
class will provide its planned course of
action for each equipment class, along
with reasoning for the suggested action.
DOE is using its review of the I=B=R
directory for each of the equipment
classes to determine if ASHRAE raised
the efficiency levels and if further DOE
action is warranted. In order for DOE to
determine whether ASHRAE raised the
efficiency levels for each equipment
class, DOE has identified the following
from the January 2008 I=B=R directory:
• A comparison of the average
combustion efficiency and average
thermal efficiency values of the models;
• A comparison of the average
combustion efficiency and average
thermal efficiency values of the
minimally compliant models (i.e., those
with efficiency levels that minimally
comply with EPCA);
• The model with the lower thermal
efficiency value and its corresponding
combustion efficiency value;
• The model with the highest thermal
efficiency value and its corresponding
combustion efficiency value; and
• The percentage of models in the
January 2008 I=B=R directory that have
a thermal efficiency value lower than
the efficiency level specified by
ASHRAE Standard 90.1–2007.
DOE used these five statistics to
determine whether DOE believes the
efficiency levels specified within
ASHRAE Standard 90.1–2007 for a
given equipment class provide
reasonable assurance that ASHRAE
increased the efficiency levels and
further analysis is warranted by DOE.
DOE presents its review of the efficiency
levels in ASHRAE Standard 90.1–2007
for each equipment class of commercial
packaged boilers as well as its review of
the market data in the following
subsections.
1. Small, Gas-Fired Hot Water
Commercial Packaged Boilers
A small, gas-fired hot water
commercial packaged boiler is a
commercial packaged boiler with a fuel
input at or above 300 and less than or
equal to 2,500 kBtu/h, fueled by either
natural gas or propane, that supplies hot
water for space heating. Small, gas-fired
hot water commercial packaged boilers
fall under the gas-fired commercial
packaged boilers equipment class,
whose Federal energy conservation
standards, as established by EPCA, are
a combustion efficiency of no less than
80.0 percent. (42 U.S.C. 6313(a)(4)(C);
10 CFR 431.87(a)) This equipment class
accounts for 23.6 percent of the total
models listed in the January 2008 I=B=R
directory that DOE examined.
Among all of the small, gas-fired hot
water commercial package boilers in the
I=B=R directory, DOE calculated the
average thermal efficiency to be 0.9
percent lower than the average
combustion efficiency. DOE also
identified the small, gas-fired hot water
commercial packaged boilers with
combustion efficiencies that minimally
comply with EPCA (i.e. , with a
combustion efficiency between 80.0 and
81.0 percent). For the minimally
compliant small, gas-fired hot water
commercial packaged boilers, the
average thermal efficiency is 78.1
percent. The model with the lowest
thermal efficiency is 76.8 percent,
which corresponds to a combustion
efficiency of 81 percent. The model with
the highest thermal efficiency is 98.1
percent, which corresponds to a
combustion efficiency of 98.3 percent.
DOE found that of all the models in the
2008 I=B=R directory for this equipment
class, 8.9 percent of them have thermal
efficiency levels below the ASHRAE
Standard 90.1–2007 efficiency level.
ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 80
percent for small, gas-fired hot water
commercial packaged boilers. This
thermal efficiency value is higher than
the 78.1 percent average thermal
efficiency of minimally compliant
equipment currently on the market.
Based on DOE’s review of the I=B=R
directory and the analysis conducted on
the minimally compliant commercial
packaged boilers, DOE has tentatively
concluded that the thermal efficiency
levels in ASHRAE Standard 90.1–2007
would, on average, increase efficiency
for small, gas-fired hot water
commercial packaged boilers.
Consequently, DOE performed a
potential energy-savings analysis on this
equipment class under section III, as
part of DOE’s review of amended energy
conservation standards.
2. Small, Gas-Fired, Steam, All Except
Natural Draft Commercial Packaged
Boilers
A small, gas-fired, steam, all except
natural draft commercial packaged
boiler has a fuel input of at or above 300
and less than or equal to 2,500 kBtu/h,
is fueled by either natural gas or
propane, supplies steam for space
heating and other applications, and uses
a type of draft system other than natural
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draft (i.e., a forced or induced draft
system). Small, gas-fired, steam, all
except natural draft commercial
packaged boilers fall under the gas-fired
commercial packaged boilers equipment
class, whose Federal energy
conservation standards, as established
by EPCA, are a combustion efficiency of
no less than 80.0 percent. (42 U.S.C.
6313(a)(4)(C); 10 CFR 431.87) (a)) These
boilers account for 18.5 percent of the
total models listed in the January 2008
I=B=R directory.
Among all of the small, gas-fired,
steam all except natural draft
commercial packaged boilers in the
I=B=R directory, DOE calculated the
average thermal efficiency to be 2.6
percent lower than the average
combustion efficiency. DOE also
identified the boilers in this equipment
class with combustion efficiencies that
minimally comply with EPCA (i.e., with
a combustion efficiency between 80.0
and 81.0 percent). The average thermal
efficiency of these minimally compliant
boilers is 76.9 percent. The lowest
thermal efficiency of these models is
75.4 percent, which corresponds to
combustion efficiencies of 80 and 80.5
percent. The highest thermal efficiency
is 83.1 percent, which corresponds to
combustion efficiencies ranging from
83.7 to 84.8 percent. Of the 18.5 percent
of units in the 2008 I=B=R directory for
this equipment class, 51.2 percent of
them have thermal efficiency levels
below the ASHRAE Standard 90.1–2007
efficiency level.
ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 79
percent for small, gas-fired, steam, all
except natural draft commercial
packaged boilers. This thermal
efficiency value is higher than the 76.9
percent average thermal efficiency of
minimally compliant equipment on the
market. Based on DOE’s review of the
I=B=R directory and the analysis of
minimally compliant commercial
packaged boilers, DOE has tentatively
concluded that the thermal efficiency
levels in ASHRAE Standard 90.1–2007
would, on average, result in an increase
in efficiency for minimally compliant
equipment. Therefore, DOE performed a
potential energy-savings analysis on this
equipment class under section III.
3. Small, Gas-Fired, Steam, Natural
Draft, Commercial Packaged Boilers
A small, gas-fired, steam, natural draft
commercial packaged boiler has a fuel
input at or above 300 and less than or
equal to 2,500 kBtu/h, is fueled by
either natural gas or propane, supplies
steam for space heating and other
applications, and uses a natural draft
system (i.e., does not have mechanical
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draft equipment). Small, gas-fired,
steam, natural draft commercial
packaged boilers fall under the gas-fired
commercial packaged boilers equipment
class, whose Federal energy
conservation standards, as established
by EPCA, are a combustion efficiency of
no less than 80.0 percent. (42 U.S.C.
6313(a)(4)(C); 10 CFR 431.87(a)) These
boilers account for 1.8 percent of the
total models listed in the January 2008
I=B=R directory.
ASHRAE Standard 90.1–2007 set a
two-tier efficiency level for this
equipment, which includes two
different thermal efficiency levels, as
well as two effective dates. The first
efficiency level specified in ASHRAE
Standard 90.1–2007 for this equipment
class includes a 77 percent thermal
efficiency effective March 2, 2010. The
second efficiency level specified by
ASHRAE Standard 90.1–2007 for this
equipment class includes a 79 percent
thermal efficiency effective March 2,
2020.
Among all of the small, gas-fired,
steam, natural draft commercial
packaged boilers in the I=B=R directory,
DOE calculated the average thermal
efficiency to be 3.6 percent lower than
the average combustion efficiency. DOE
also identified the small, gas-fired,
steam, natural draft commercial
packaged boilers with combustion
efficiencies that minimally comply with
EPCA (i.e., with a combustion efficiency
between 80.0 and 81.0 percent). The
average thermal efficiency for the
minimally-compliant equipment of this
type is 78.2 percent. The model with the
lowest thermal efficiency is 77.6
percent, which corresponds to a
combustion efficiency of 80.9 percent.
The thermal efficiency of the most
efficient models is 80.4 percent, which
corresponds to combustion efficiencies
of between 83.1 and 83.3 percent. In
examining all the models in the 2008
I=B=R directory for this equipment
class, DOE found that none has a
thermal efficiency level below the
ASHRAE Standard 90.1–2007 efficiency
level effective in 2010, but 66.7 percent
have thermal efficiency levels below the
ASHRAE Standard 90.1–2007 efficiency
level effective in 2020.
Again, ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 77
percent for small, gas-fired, steam,
natural draft commercial packaged
boilers manufactured on or after March
2, 2010. This is lower than the 78.2
percent average thermal efficiency of
minimally-compliant equipment on the
market. DOE could not identify any
small, gas-fired, steam, natural draft
equipment currently in the I=B=R
directory with a thermal efficiency
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value less than 77.6 percent. DOE
observed that the minimum thermal
efficiency level effective March 2, 2010,
in ASHRAE Standard 90.1–2007
appears to be lower than the average
thermal efficiencies of boilers that
minimally comply with EPCA’s
combustion energy efficiency standards.
DOE believes that the potential
consequence of setting thermal
efficiency standards at levels lower than
the thermal efficiencies of existing
equipment would be equipment with
lower combustion efficiencies than
EPCA permits, meaning that the current
minimum required efficiency would be
decreased, thereby resulting in
backsliding. Therefore, DOE has
tentatively decided not to adopt the
stage-1 ASHRAE Standard 90.1–2007
efficiency level for small, gas-fired,
steam, natural draft commercial
packaged boilers.
Because ASHRAE set a two-tier
requirement for this product type, DOE
then analyzed the second efficiency
level set by the amended ASHRAE
standard. ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 79
percent for small, gas-fired, steam,
natural draft commercial packaged
boilers manufactured on or after March
2, 2020. This thermal efficiency value is
higher than the 78.2 percent average
thermal efficiency of minimallycompliant equipment on the market.
Based on DOE’s review of the I=B=R
directory and the analysis of minimallycompliant commercial packaged boilers,
DOE has tentatively concluded that the
second thermal efficiency level in
ASHRAE Standard 90.1–2007 would, on
average, result in an increase in
efficiency for small, gas-fired, steam,
natural draft commercial packaged
boilers manufactured on or after March
2, 2020. Therefore, DOE performed a
potential energy-savings analysis on this
equipment class under section III.
4. Small, Oil-Fired, Hot Water
Commercial Packaged Boilers
A small, oil-fired, hot water
commercial packaged boiler has a fuel
input at or above 300 and less than or
equal to 2,500 kBtu/h, is fueled by oil,
and supplies hot water for space
heating. Small, oil-fired, hot water
commercial packaged boilers fall under
the oil-fired commercial packaged
boilers equipment class, whose Federal
energy conservation standards, as
established by EPCA, are a combustion
efficiency of no less than 83.0 percent.
(42 U.S.C. 6313(a)(4)(D); 10 CFR
431.87(b)) This equipment class
accounts for 6.9 percent of the models
listed in the January 2008 I=B=R
directory.
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Among all of the small, oil-fired, hot
water commercial packaged boilers in
the I=B=R directory, DOE calculated the
average thermal efficiency to be 2.3
percent lower than the average
combustion efficiency. DOE also
identified the small, oil-fired, hot water
commercial packaged boilers with
combustion efficiencies that minimally
comply with EPCA (i.e., with a
combustion efficiency between 83.0 and
84.0 percent). The average thermal
efficiency of minimally-compliant
equipment is approximately 80.7
percent. The thermal efficiency of the
least-efficient model is 79.2 percent,
which corresponds to a combustion
efficiency of 83.2 percent. The thermal
efficiency of the most-efficient model is
92.9 percent, which corresponds to a
combustion efficiency of 93.3 percent.
Of the all the models in the 2008 I=B=R
directory for this equipment type, 29.3
percent of them have thermal efficiency
levels below the ASHRAE Standard
90.1–2007 efficiency level.
ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 82
percent for small, oil-fired, hot water
commercial packaged boilers. This
value is higher than the 80.7 percent
average thermal efficiency of minimallycompliant equipment on the market.
Based on DOE’s review of the I=B=R
directory and the analysis conducted on
the minimally-compliant commercial
packaged boilers, DOE has tentatively
concluded that the thermal efficiency
level in ASHRAE Standard 90.1–2007
would, on average, result in an increase
in the efficiency for small, oil-fired, hot
water commercial packaged boilers.
Therefore, DOE performed a potential
energy-savings analysis on this
equipment class under section III.
5. Small, Oil-Fired, Steam, Commercial
Packaged Boilers
A small, oil-fired, steam commercial
packaged boiler has a fuel input at or
above 300 and less than or equal to
2,500 kBtu/h, is fueled by oil, and
supplies steam for space heating and
other applications. Small, oil-fired,
steam commercial packaged boilers fall
under the oil-fired commercial packaged
boilers equipment class, whose Federal
energy conservation standards, as
established by EPCA, are a combustion
efficiency of no less than 83.0 percent.
(42 U.S.C. 6313(a)(4)(D); 10 CFR
431.87(b)) These boilers account for 11.6
percent of the total models listed in the
January 2008 I=B=R directory.
Among all of the small, oil-fired,
steam commercial packaged boilers in
the I=B=R directory, DOE calculated the
average thermal efficiency to be 2.5
percent lower than the average
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combustion efficiency. DOE also
identified the small, oil-fired, steam
commercial packaged boilers with
combustion efficiencies that minimally
comply with EPCA (i.e., with a
combustion efficiency between 83.0 and
84.0 percent). The average thermal
efficiency of minimally-compliant
equipment is 81.6 percent. The thermal
efficiency of the least-efficient model is
79.7 percent, which corresponds to a
combustion efficiency of 83.3 percent.
The thermal efficiency of the mostefficient models is 85.6 percent, which
corresponds to a range of combustion
efficiencies from 86.2 to 87.5 percent. Of
all the models in the 2008 I=B=R
directory for this equipment class, 17.5
percent of them have thermal efficiency
levels below the ASHRAE Standard
90.1–2007 efficiency level.
ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 81
percent for small, oil-fired, steam
commercial packaged boilers. This
value is lower than the 81.6 percent
average thermal efficiency of minimallycompliant equipment on the market.
DOE identified a single minimallycompliant small, oil-fired steam
commercial packaged boiler with a
thermal efficiency of 79.7 percent,
which is lower than the efficiency level
in ASHRAE Standard 90.1–2007. DOE
observed that the minimum thermal
efficiency level in ASHRAE Standard
90.1–2007 for this equipment class
appears to be lower than the average
thermal efficiencies of boilers that
minimally comply with EPCA’s
combustion energy efficiency standards.
The consequence of setting thermal
efficiency standards at levels lower than
the thermal efficiencies of existing
equipment would be manufacturing of
equipment with lower combustion
efficiencies than EPCA permits,
meaning that the current minimum
required efficiency would be decreased
in violation of EPCA’s ‘‘antibacksliding’’ provision (see Section I.A).
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1))
Therefore, DOE has tentatively decided
not to adopt the ASHRAE Standard
90.1–2007 efficiency level for small, oilfired, steam commercial packaged
boilers, so no further analysis is
required.
6. Large, Gas-Fired, Hot Water
Commercial Packaged Boilers
A large, gas-fired, hot water
commercial packaged boiler has a fuel
input of at or above 2,500 kBtu/h, is
fueled by either natural gas or propane,
and supplies hot water for space
heating. Large, gas-fired, hot water
commercial packaged boilers fall under
the gas-fired commercial packaged
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boilers equipment class, whose Federal
energy conservation standards, as
established by EPCA, are a combustion
efficiency of no less than 80.0 percent.
(42 U.S.C. 6313(a)(4)(C); 10 CFR
431.87(a)). These boilers account for 4.0
percent of the total models listed in the
January 2008 I=B=R directory.
The existing Federal energy
conservation standard for this
equipment class corresponds to the
energy conservation standard in EPCA,
which specifies a minimum combustion
efficiency no less than 80 percent. (42
U.S.C. 6313(4)(C)) ASHRAE Standard
90.1–2007 specifies a more stringent
combustion efficiency of no less than 82
percent. Among all of the large, gasfired, hot water commercial packaged
boilers in the I=B=R directory, DOE
calculate the average combustion
efficiency to be 83.6 percent, which is
1.6 percent higher than the minimum
combustion efficiency levels specified
by ASHRAE Standard 90.1–2007.
However, the combustion efficiency of
approximately 17 percent of this
equipment is lower than the minimum
efficiency level specified by Standard
90.1–2007. For models with a
combustion efficiency lower than 82
percent, ASHRAE Standard 90.1
represents a potential for energy
savings. Therefore, DOE performed a
potential energy-savings analysis on this
equipment class under section III.
7. Large, Gas-Fired, Steam, All Except
Natural Draft Commercial Packaged
Boilers
A large, gas-fired, steam all except
natural draft commercial packaged
boiler has a fuel input of at or above
2,500 kBtu/h, is fueled by either natural
gas or propane, supplies steam for space
heating and other applications, and uses
a type of draft system other than natural
draft (i.e., a forced or induced draft
system). Large, gas-fired, steam, all
except natural draft commercial
packaged boilers fall under the gas-fired
commercial packaged boilers equipment
class, whose Federal energy
conservation standards, as established
by EPCA, are a combustion efficiency of
no less than 80.0 percent. (42 U.S.C.
6313(a)(4)(C); 10 CFR 431.87(a)) These
boilers account for 12.1 percent of the
models listed in the January 2008 I=B=R
directory.
Among all of the large, gas-fired
steam, all except natural draft
commercial packaged boilers in the
I=B=R directory, DOE calculated the
average thermal efficiency to be 1.5
percent lower than the average
combustion efficiency. DOE also
identified those boilers with combustion
efficiencies that minimally comply with
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EPCA (i.e., with a combustion efficiency
between 80.0 and 81.0 percent). The
average thermal efficiency of minimallycompliant boilers is 78.5 percent. The
thermal efficiency of the least efficient
model is 75.4 percent, which
corresponds to a combustion efficiency
of 80.5 percent. The thermal efficiency
of the most efficient model is 83.2
percent, which corresponds to a
combustion efficiency of 83.4 percent.
Of all the models in the 2008 I=B=R
directory for this equipment class, 49.1
percent of them have thermal efficiency
levels below the ASHRAE Standard
90.1–2007 efficiency level.
ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 79
percent for large, gas-fired, steam, all
except natural draft commercial
packaged boilers. This value is higher
than the 78.5 percent average thermal
efficiency of minimally-compliant
equipment on the market. Based on
DOE’s review of the I=B=R directory
and the analysis conducted on the
minimally-compliant commercial
packaged boilers, DOE has tentatively
concluded that the thermal efficiency
level in ASHRAE Standard 90.1–2007
would, on average, result in an increase
in efficiency for minimally-compliant
boilers. Therefore, DOE performed a
potential energy-savings analysis on this
equipment class under section III.
jlentini on PROD1PC65 with PROPOSALS
8. Large, Gas-Fired, Steam, Natural
Draft, Commercial Packaged Boilers
A large, gas-fired, steam, natural draft
commercial packaged boiler has a fuel
input of at or above 2,500 kBtu/h, is
fueled by either natural gas or propane,
supplies steam for space heating and
other applications, and uses a natural
draft system (i.e., does not have
mechanical draft equipment). Large, gasfired, steam, natural draft commercial
packaged boilers fall under the gas-fired
commercial packaged boilers equipment
class, whose Federal energy
conservation standards, as established
by EPCA, are a combustion efficiency of
no less than 80.0 percent. (42 U.S.C.
6313(a)(4)(C); 10 CFR 431.87(a)) These
boilers account for 4.4 percent of the
models listed in the January 2008 I=B=R
directory.
ASHRAE set a two-tier efficiency
level for this equipment, which includes
two different thermal efficiency levels
and two effective dates. The first
efficiency level specified in ASHRAE
Standard 90.1–2007 for this equipment
class includes a 77 percent thermal
efficiency effective March 2, 2010. The
second efficiency level specified by
ASHRAE Standard 90.1–2007 for this
equipment class includes a 79 percent
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thermal efficiency effective March 2,
2020.
Among all of the large, gas-fired,
steam, natural draft commercial
packaged boilers, DOE calculated the
average thermal efficiency to be 1.8
percent lower than the average
combustion efficiency. DOE also
identified the large, gas-fired, steam,
natural draft commercial packaged
boilers with combustion efficiencies
that minimally comply with EPCA (i.e.,
with a combustion efficiency between
80.0 and 81.0 percent). The average
thermal efficiency of minimallycompliant boilers is approximately 79.1
percent. The thermal efficiency of the
least efficient models is 78.6 percent,
which corresponds to a combustion
efficiency of 82.1 percent. The thermal
efficiency of the most efficient models is
81.1 percent, which corresponds to a
range of combustion efficiencies from
82.2 to 82.4 percent. In examining all
the models in the 2008 I=B=R directory
for this equipment class, DOE found
that none has a thermal efficiency level
below the ASHRAE Standard 90.1–2007
efficiency level effective in 2010, but
15.5 percent have thermal efficiency
levels below the ASHRAE Standard
90.1–2007 efficiency level effective in
2020.
Again, ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 77
percent for large, gas-fired, steam,
natural draft commercial packaged
boilers manufactured on or after March
2, 2010. This value is lower than the
79.1 percent average thermal efficiency
of minimally-compliant equipment on
the market. DOE could not identify any
large, gas-fired, steam, natural draft
equipment in the I=B=R directory with
a thermal efficiency value less than 78.6
percent. The minimum thermal
efficiency level effective March 2, 2010,
in ASHRAE Standard 90.1–2007
appears to be lower than any of the
thermal efficiencies of boilers that are
currently available on the market. DOE
believes that the potential consequence
of setting thermal efficiency standards at
levels lower than the thermal
efficiencies of existing equipment
would be equipment having lower
combustion efficiencies than EPCA
permits, meaning that the current
minimum required efficiency would be
decreased, thereby resulting in
backsliding. Therefore, DOE has
tentatively decided not to adopt the
stage-1 ASHRAE Standard 90.1–2007
efficiency level for this equipment class.
Because ASHRAE set a two-tiered
requirement for this product type, DOE
then analyzed the second efficiency
level set by the amended ASHRAE
standard. ASHRAE Standard 90.1–2007
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specifies a thermal efficiency of 79
percent for large, gas-fired, steam,
natural draft commercial packaged
boilers manufactured on or after March
2, 2020. This value is slightly lower
than the 79.1 percent average thermal
efficiency of minimally compliant
equipment on the market. However,
15.5 percent of the equipment DOE
analyzed has a thermal efficiency lower
than the efficiency level in ASHRAE
Standard 90.1–2007. Based on DOE’s
review of the I=B=R directory and the
analysis conducted on minimallycompliant commercial packaged boilers,
DOE has tentatively concluded that the
thermal efficiency level specified by
ASHRAE Standard 90.1–2007 effective
March 2, 2020 would result in an
increase in efficiency for small, gasfired, steam, natural draft commercial
packaged boilers manufactured on or
after March 2, 2020 (compared to the
EPCA combustion efficiency level).
Therefore, DOE performed a potential
energy-savings analysis on this
equipment class under section III.
9. Large, Oil-Fired, Hot Water
Commercial Packaged Boilers
A large, oil-fired, hot water
commercial packaged boiler has a fuel
input at or above 2,500 kBtu/h, is fueled
by oil, and supplies hot water for space
heating. Large, oil-fired, hot water
commercial packaged boilers fall under
the oil-fired commercial packaged
boilers equipment class, whose Federal
energy conservation standards, as
established by EPCA, are a combustion
efficiency of no less than 83.0 percent.
(42 U.S.C. 6313(a)(4)(D); 10 CFR
431.87(b)) These boilers account for 1.9
percent of the models listed in the
January 2008 I=B=R directory.
ASHRAE Standard 90.1–2007 adopted
a more stringent combustion efficiency
of 84 percent. Among all of the large,
oil-fired, hot water commercial
packaged boilers, DOE calculated the
average combustion efficiency to be
approximately 86.5 percent, 2.5 percent
higher than the minimum combustion
efficiency levels specified by ASHRAE
Standard 90.1–2007. The minimum
combustion efficiency of all large, oilfired, hot water equipment on the
market is 85.5 percent, which is 1.5
percent higher than the minimum level
adopted by ASHRAE Standard 90.1–
2007. Based on this, DOE believes there
will be no potential energy savings
resulting from adopting ASHRAE
Standard 90.1–2007 for large, oil-fired,
hot water commercial packaged boilers.
However, DOE did perform a potential
energy-savings analysis in section III,
which examined efficiency levels more
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stringent than those contained within
ASHRAE Standard 90.1–2007.
10. Large, Oil-Fired, Steam Commercial
Packaged Boilers
A large, oil-fired, steam commercial
packaged boiler has a fuel input at or
above 2,500 kBtu/h, is fueled by oil, and
supplies steam for space heating and
other applications. Large, oil-fired,
steam commercial packaged boilers fall
under the oil-fired commercial packaged
boilers equipment class, whose Federal
energy conservation standards, as
established by EPCA, are a combustion
efficiency of no less than 83.0 percent.
(42 U.S.C. 6313(a)(4)(D); 10 CFR
431.87(b)) These boilers account for 15.2
percent of the models listed in the
January 2008 I=B=R directory.
Among all of the large, oil-fired, steam
commercial packaged boilers, DOE
calculated the average thermal
efficiency to be 1.5 percent lower than
the average combustion efficiency. DOE
also identified the large, oil-fired, steam
commercial packaged boilers with
combustion efficiencies that minimally
comply with EPCA (i.e., with a
combustion efficiency between 83.0 and
84.0 percent). For the minimallycompliant large, oil-fired, steam
commercial packaged boilers, the
average thermal efficiency is 82.0
percent. The thermal efficiency of the
least efficient model is 81.0 percent,
which corresponds to a combustion
efficiency of 84.6 percent. The thermal
efficiency of the most efficient model is
85.8 percent, which corresponds to a
combustion efficiency of 86.0 percent.
In examining all the models in the 2008
I=B=R directory for this equipment
class, DOE found that none had a
thermal efficiency level below the
ASHRAE Standard 90.1–2007 efficiency
level.
ASHRAE Standard 90.1–2007
specifies a thermal efficiency of 81
percent for large, oil-fired, steam
commercial packaged boilers. This
value is lower than the 82.0 percent
average thermal efficiency of minimallycompliant equipment on the market.
DOE could not identify any small, gasfired, steam, natural draft equipment
currently in the I=B=R directory with a
thermal efficiency value less than 81.0
percent. The minimum thermal
efficiency level in ASHRAE Standard
90.1–2007 appears to be lower than the
average thermal efficiencies of boilers
that minimally comply with EPCA’s
combustion energy efficiency standards.
DOE believes that the potential
consequence of setting thermal
efficiency standards at levels lower than
the thermal efficiencies of existing
equipment would be equipment having
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lower combustion efficiencies than
EPCA permits, meaning that the current
minimum required efficiency would be
decreased in violation of EPCA’s ‘‘antibacksliding’’ provision (see Section I.A).
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1))
Therefore, DOE has tentatively decided
not to adopt the ASHRAE Standard
90.1–2007 efficiency level for large, oilfired, steam, commercial packaged
boilers, so no further analysis is
required.
III. Analysis of Potential Energy
Savings
As required under 42 U.S.C.
6313(a)(6)(A), DOE performed an
analysis to determine the energy-savings
potential of amending Federal minimum
energy conservation standard levels to
the efficiency levels specified in
ASHRAE Standard 90.1–2007, as well as
more stringent efficiency levels than
those specified in ASHRAE Standard
90.1–2007. As explained above, DOE’s
energy-savings analysis is limited to
types of equipment covered by Federal
energy conservation standards for which
the amended ASHRAE Standard 90.1–
2007 increased the efficiency levels.
Based upon the analyses performed in
section II, DOE is conducting the
energy-savings analysis for eight
equipment classes of commercial
packaged boilers.
The following discussion provides an
overview of the energy-savings analysis
conducted for those products, which
had increased efficiency levels under
ASHRAE Standard 90.1–2007, followed
by summary results of that analysis. For
each efficiency level analyzed, DOE
calculated the potential energy savings
to the Nation as the difference between
a base case forecast (without amended
standards) and the standards case (with
amended standards). The national
energy savings (NES) refers to
cumulative energy savings from 2012
through 2042. In the standards case,
equipment that is more efficient
gradually replaces less efficient
equipment over time. This affects the
calculation of the potential energy
savings, which are a function of the total
number of units in use and their
efficiencies. Savings depend on annual
shipments and equipment lifetime,
including changes in shipments and
retirement rates in response to changes
in equipment costs due to standards.
DOE calculated the potential energy
savings by subtracting energy use under
a standards scenario from energy use in
a base case scenario. DOE estimated unit
energy savings for each equipment class
based on data from the 2000 Screening
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Analysis 16 for various heating
equipment and the 2008 I=B=R
directory. To estimate the total energy
savings for each efficiency level, DOE
first calculated the national site energy
consumption (i.e. , the energy directly
consumed by the units of equipment in
operation) for each class of commercial
packaged boilers for the base case
forecast and the standards case forecast.
Second, DOE determined the annual site
energy savings, consisting of the
difference in site energy consumption
between the base case and the standards
case. Third, DOE converted the annual
site energy savings into the annual
amount of energy saved at the source of
gas generation (the source energy) using
a site-to-source conversion factor.
Finally, DOE estimated the source
energy savings from 2012 to 2042 to
calculate the total potential energy
savings for that period. DOE performed
these calculations for each efficiency
level within a given equipment class of
commercial packaged boilers. Details of
the energy-savings analysis are
presented below.
A. Annual Energy Use
DOE started with the annual energy
use calculation methodology presented
in the 2000 Screening Analysis for
today’s estimation of potential energy
savings. For commercial packaged
boilers, DOE used a modified full-load
equivalent operating hours (FLEOH) to
calculate the annual energy use as
estimated in the 2000 Screening
Analysis. FLEOH is the ratio of the total
annual thermal energy output (either
heating or cooling) provided by the
equipment over the course of a year
divided by equipment capacity. It is
equal to the total number of hours that
a piece of equipment would have to run
at its rated capacity to provide total
thermal energy output equivalent to that
provided over the course of a year.
The total annual standby loss is
largely a function of the period available
for operation (hot standby period).
Because this period is an operation
issue and not specific to equipment
design and climate location, DOE
believes the standby loss can be
captured in a simplified analysis, as in
the 2000 Screening Analysis. For that
analysis, DOE adjusted the boiler
FLEOHs by calculating a standby loss
factor (as described in Appendix A of
the 2000 Screening Analysis). DOE
determined the national average
16 U.S. Department of Energy, Screening Analysis
for EPACT-Covered Commercial HVAC and WaterHeating Equipment (April 2000). Available at:
https://www.eere.energy.gov/buildings/
highperformance/pdfs/
screening_analysis_main.pdf.
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FLEOHs to be 952 hours, regardless of
boiler input fuel type, input capacity, or
output type (i.e., steam or hot water).
The Screening Analysis methodology
provides a linear relationship between
Annual Energy Use =
annual energy consumption and thermal
efficiency. DOE used this linear
relationship and the FLEOHs to
calculate the annual energy use per unit
within a given equipment class at a
FLEOH 2000 Screening Analysis × Output Capacity100% Efficiency
ηShipment Weighted Average
percent efficiency (i.e., output capacity =
input capacity) in Btu/h; and
• hShipment Weighted Average is the average
shipment-weighted efficiency, which is
calculated for each standards case within
each equipment class.
Where:
• The annual energy use is the amount of
energy used each year for a given
equipment class at a given efficiency
level in Btus;
• The FLEOH2000 Screening Analysis is the
FLEOHs calculated in the 2000
Screening Analysis (i.e., 952.2 hours);
• The Output Capacity100% Efficiency is the
total output capacity when the
equipment is assumed to be at 100
specific efficiency level using the
following equation:
B. Shipments
DOE obtained data on annual
shipments for commercial packaged
,
(Eq. 1)
boilers in 2007 from AHRI, totaling
approximately 36,000 units. Then, DOE
used the 2008 I=B=R directory to
determine the percentage of models
within each equipment class. DOE
applied this percentage to estimate the
number of unit shipments for each
equipment class. Table III.1 exhibits the
total shipment breakdown by equipment
class.
TABLE III.1.—TOTAL SHIPMENTS OF COMMERCIAL PACKAGED BOILERS BY EQUIPMENT CLASS
Percentage of
models
(%)*
Equipment class
Small, Gas-Fired, Hot Water .........................................................................................................................
Small, Gas-Fired, Steam, All Except Natural Draft .......................................................................................
Small, Gas-Fired, Steam, Natural Draft ........................................................................................................
Small, Oil-Fired, Hot Water ...........................................................................................................................
Small, Oil-Fired, Steam .................................................................................................................................
Large, Gas-Fired, Hot Water .........................................................................................................................
Large, Gas-Fired, Steam, All Except Natural Draft .......................................................................................
Large, Gas-Fired, Steam, Natural Draft ........................................................................................................
Large, Oil-Fired, Hot Water ...........................................................................................................................
23.6
18.5
1.8
6.9
11.6
4
12.1
4.4
1.9
Approximate total
shipments
(units per year)
8,500
6,700
650
2,500
4,200
1,500
4,400
1,600
700
DOE then reviewed the 2008 I=B=R
directory to determine the distribution
of efficiency levels for commerciallyavailable models within each equipment
class. DOE bundled the efficiency levels
into ‘‘efficiency ranges’’ and determined
the percentage of models within each
range. DOE applied the percentages of
models within each range to the total
unit shipments for a given equipment
class to estimate the distribution of
shipments within the base case. To
determine the percentage of models in
each efficiency range, DOE considered
models greater than or equal to the
lower bound of the efficiency range and
models with efficiencies less than the
upper bound of the efficiency range. For
example, for the thermal efficiency
range of 79–80 percent, DOE considered
models with thermal efficiency levels
from 79.0 to 79.9 to be within this range.
In the case of the last efficiency range
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identified for each equipment class,
DOE included those models with
efficiency levels equal to the higher
bound (i.e., the max-tech efficiency
levels). The distribution of efficiencies
in the base case for each equipment
class can be found in the ASHRAE
NODA TSD on DOE’s Web site.17
For the standards case, DOE assumed
shipments at lower efficiencies were
most likely to roll up into higher
efficiency levels in response to more
stringent energy conservation standards.
For each efficiency level analyzed
within a given equipment class, DOE
used a ‘‘roll-up’’ scenario to establish
the market shares by efficiency level for
17 The ASHRAE NODA TSD is available on the
Web page for ASHRAE Products at: https://
www.eere.energy.gov/buildings/appliance_
standards/commercial/ashrae_products_docs_
meeting.html.
PO 00000
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the year that standards become effective
(i.e., 2012). Information available to
DOE suggests that the efficiencies of
equipment in the base case that did not
meet the standard level under
consideration would roll up to meet the
standard level. Available information
also suggests that all equipment
efficiencies in the base case that were
above the standard level under
consideration would not be affected.
Table III.2 shows an example of the
distribution of efficiencies within the
base-case and the roll-up scenarios to
establish the distribution of efficiencies
in the standards cases for small, gasfired, steam, all except natural draft
commercial packaged boilers. For all the
tables of the distribution of efficiencies
in the base case and standards cases by
equipment class, see the ASHRAE
NODA TSD.
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* Note that the identified boilers in this table do not add to 100 percent of annual shipments, because large, oil-fired, steam boilers (which constitute 15.2 percent of the market) are not included. Large, oil-fired, steam boilers are not included because the efficiency level in ASHRAE
Standard 90.1–2007 would result in backsliding and accordingly cannot be adopted as a national standard.
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TABLE III.2.—DISTRIBUTION OF EFFICIENCIES IN THE BASE CASE AND STANDARDS CASES FOR SMALL, GAS-FIRED,
STEAM, ALL EXCEPT NATURAL DRAFT COMMERCIAL PACKAGED BOILERS
Efficiency Range (ET)
75.4–77
(percent)
77–79
(percent)
79–80*
(percent)
80–81
(percent)
81–82
(percent)
82–83
(percent)
83–83.1
(percent)
Base Case—Current Market ................................................
Efficiency Level 1—ASHRAE (79% ET) ..............................
Efficiency Level 2—(80% ET ...............................................
Efficiency Level 3—(81% E T) .............................................
Efficiency Level 4—(82% ET) ..............................................
Efficiency Level 5—‘‘Max-Tech’’—(83.1%) ET) ...................
18
................
................
................
................
................
33
................
................
................
................
................
22
73
................
................
................
................
19
19
92
................
................
................
4
4
4
96
................
................
1
1
1
1
97
................
3
3
3
3
3
100
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*The highlighted column indicates the efficiency level specified by ASHRAE Standard 90.1–2007 for this equipment class.
DOE seeks input on its determination
of the base-case distribution of
efficiencies and its prediction on how
amended energy conservation standards
affect the distribution of efficiencies in
the standards case. DOE identified this
as Issue 2 under ‘‘Issues on Which DOE
Seeks Comment’’ in section IV.B of this
NODA.
Using the distribution of efficiencies
in the base case and in the standards
cases for each equipment class of
commercial packaged boilers analyzed
in today’s NODA, DOE calculated the
shipment-weighted average efficiency
values. The shipment-weighted average
efficiency value represents the average
efficiency of the total units shipped at
a specified amended standard level.
DOE used the weighted average
efficiency values in Equation 1
(discussed previously) to calculate the
annual energy use of the equipment
class at a given efficiency level. For the
baseline efficiency level, DOE used the
average thermal efficiency value for
each equipment class of the models
below the efficiency level in ASHRAE
Standard 90.1–2007. The shipmentweighted average efficiency values for
the base case and the standards cases for
each efficiency analyzed within the
eight equipment classes is provided in
the ASHRAE NODA TSD found on
DOE’s Web site.
For small, commercial packaged
boilers, DOE calculated the annual
energy consumption based on three
input capacities (i.e., 400 kBtu/h, 800
kBtu/h, and 1500 kBtu/h). DOE then
reviewed the 2008 I=B=R directory to
determine the distribution of input
capacities for commercially-available
models within each equipment class.
DOE bundled the efficiency levels into
‘‘capacity ranges’’ and determined the
percentage of models within each range.
DOE applied the percentages of models
within each range to the total unit
shipments for a given equipment class
to estimate the distribution of capacities
within the base case and higher
efficiency levels examined. To
determine the percentage of models in
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each capacity range, DOE considered
commercial packaged boilers with an
input capacity equal to or greater than
300 kBtu/h and less than 600 kBtu/h to
be represented by the energy use of the
400 kBtu/h model. DOE considered
commercial packaged boilers with an
input capacity equal to or greater than
600 kBtu/h and less than 1150 kBtu/h
to be represented by the energy use of
the 800 kBtu/h model. DOE considered
commercial packaged boilers with an
input capacity equal to or greater than
1150 kBtu/h and less than 2500 kBtu/h
to be represented by the energy use of
the 1500 kBtu/h model.
For large, commercial packaged
boilers, DOE calculated the annual
energy consumption based on one input
capacity (i.e., 3000 kBtu/h). DOE
considered commercial packaged boilers
with an input capacity equal to or
greater than 2500 kBtu/h to be
represented by the energy use of the
3000 kBtu/h model. The distribution of
input capacities in the base case for
each equipment class can be found in
the ASHRAE NODA TSD.
DOE seeks input on its determination
of the base-case distribution of
capacities and its prediction on how
amended energy conservation standards
would affect the distribution of
capacities in the standard case. DOE
identified this as Issue 3 under ‘‘Issues
on Which DOE Seeks Comment’’ in
section IV.B of this NODA.
C. Other Analytical Inputs
1. Site-to-Source Conversion
DOE converted the annual site energy
savings into the annual amount of
energy saved at the source of gas
generation (i.e., primary energy), using
an average site-to-source conversion
factor over the analysis period
(calculated from the Energy Information
Agency’s (EIA’s) Annual Energy
Outlook 2008 (AEO2008) projections).18
18 U.S. Department of Energy. Energy Information
Administration, Annual Energy Outlook 2008 with
Projections to 2030 (June 2008). Available at https://
www.eia.doe.gov/oiaf/aeo/.
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The site-to-source conversion factor is
the multiplicative factor DOE uses for
converting site energy consumption (the
energy used at the end-use site) into
primary or source energy consumption
(the energy used at the source before
transmission or conversion losses). For
the NODA, DOE calculated the average
site-to-source conversion factor using
the same analysis period (i.e., 2012–
2042) as EIA’s AEO2008. DOE derived
the annual conversion factors by
dividing the total energy used to
produce gas in each forecast year in the
United States, as indicated in AEO2008,
by the total gas delivered for each
forecasted year. DOE determined the 30year average to be 1.097.
2. Effective Date
Generally, covered equipment to
which a new or amended energy
conservation standard applies must
comply with the standard if such
equipment is manufactured or imported
on or after a specified date.
In today’s NODA, DOE is evaluating
potential energy savings estimates for
commercial packaged boilers at the
efficiency levels specified by ASHRAE
Standard 90.1–2007 and at more
stringent efficiency levels than those in
ASHRAE Standard 90.1–2007. If DOE
were to propose a rule prescribing
energy conservation standards at the
efficiency levels contained in ASHRAE
Standard 90.1–2007, EPCA states that
any such standards shall become
effective on or after a date which is two
years after the effective date of the
applicable minimum energy efficiency
requirement in the amended ASHRAE/
IES standard (i.e., ASHRAE Standard
90.1–2007) (42 U.S.C. 6313(a)(6)(D)).
DOE has applied this two-year
implementation period to determine the
effective date of any energy
conservation standard equal to the
efficiency levels specified by ASHRAE
Standard 90.1–2007 prescribed by this
rulemaking. Thus, if DOE decides to
adopt the levels in ASHRAE Standard
90.1–2007 (i.e. , ones where efficiency
levels were set in two stages), the rule
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would apply to products manufactured
on or after 2012 or 2022, respectively,
which is two years from the effective
date specified in ASHRAE Standard
90.1–2007 since the effective date in
ASHRAE Standard 90.1–2007 is January
1, 2010 for certain other equipment
classes of commercial packaged boilers
or January 1, 2020 for certain equipment
classes of commercial packaged boilers.
If DOE were to propose a rule
prescribing energy conservation
standards higher than the efficiency
levels contained in ASHRAE Standard
90.1–2007, EPCA states that any such
standards ‘‘shall become effective for
products manufactured on or after a
date which is four years after the date
such rule is published in the Federal
Register’’ (42 U.S.C. 6313(a)(6)(D)). DOE
has applied this four-year
implementation period to determine the
effective date of any energy
conservation standard higher than the
efficiency levels specified by ASHRAE
Standard 90.1–2007 that might be
prescribed in a future rulemaking. Thus,
40789
for products which DOE might adopt a
level more stringent than the ASHRAE
efficiency levels, the rule would apply
to products manufactured on or after
July 2013, which is four years from the
date of publication of the final rule
since DOE expects to issue a final rule
for this proceeding around July 2009.
For each equipment class for which
DOE developed a potential energy
savings analysis, Table III.3 exhibits the
approximate effective dates of an
amended energy conservation standard.
TABLE III.3.—APPROXIMATE EFFECTIVE DATE OF AN AMENDED ENERGY CONSERVATION STANDARD FOR EACH EQUIPMENT
CLASS OF COMMERCIAL PACKAGED BOILERS
Approximate effective date for
adopting the efficiency levels in
ASHRAE Standard 90.1–2007
Equipment class
Small, Gas-Fired, Hot Water Commercial Packaged Boilers .....................................................................
Small, Gas-Fired, Steam, All Except Natural Draft Commercial Packaged Boilers ...................................
Small, Gas-Fired, Steam, Natural Draft Commercial Packaged Boilers .....................................................
Small, Oil-Fired, Hot Water Commercial Packaged Boilers ........................................................................
Small, Oil-Fired, Steam Commercial Packaged Boilers ..............................................................................
Large, Gas-Fired, Hot Water Commercial Packaged Boilers .....................................................................
Large, Gas-Fired, Steam, All Except Natural Draft Commercial Packaged Boilers ...................................
Large, Gas-Fired, Steam, Natural Draft Commercial Packaged Boilers ....................................................
Large, Oil-Fired, Hot Water Commercial Packaged Boilers .......................................................................
3. Analysis Period and Lifetime
DOE used an analysis period of 30
years spanning 2012 to 2042 for
examining both the ASHRAE efficiency
levels and the more stringent efficiency
levels that were considered in the
analysis. This period coincides with the
lifetime of a commercial packaged
boiler, which DOE found to be 30 years
in the 2000 Screening Analysis.
DOE assumed that the installed base
of each equipment class in 2012 will not
increase from its current levels (i.e.,
total unit shipments remain constant).
For commercial packaged boilers (which
have long equipment lifetimes), the
installed base likely will not change
significantly by 2012, an assumption
based on historical values for shipments
of commercial packaged boilers.
DOE calculated the total energy
savings from 2012 to 2042 based on the
assumption that any new technology or
technology switching prompted by an
amended energy conservation standard
will diffuse into the stock linearly over
the lifetime of the equipment (i.e., over
the 30-year analysis period). Although
manufacturers are required to comply
with a new standard level as soon as it
01/2012
01/2012
01/2022
01/2012
01/2012
01/2012
01/2022
01/2012
01/2012
Approximate effective date for
adopting more
stringent efficiency
levels than those
in ASHRAE
Standard 90.1–
2007
07/2013
07/2013
07/2013
07/2013
07/2013
07/2013
07/2013
07/2013
07/2013
becomes effective, the products that are
actually being used by consumers are
not replaced with more-efficient
equipment until the old equipment is
retired. Therefore, DOE is assuming that
older equipment is retired and replaced
with newer, more-efficient equipment
linearly over the analysis period. DOE
calculated the total actual energy
savings over the lifetime of the
equipment by calculating the total
energy consumption for each equipment
class at each efficiency level over the
analysis period using the following
equation:
2042
EnergyUse2012 − 2042 = ∑ Shipments year ∗ AEC year ∗ ( Minimum [Life , (2042 − year) ] )
0
( Eq. 2 )
The annual energy savings represents
the total energy saved each year by
replacing the entire installed stock of
the equipment at base-case efficiencies
with equipment consuming energy at
the amended energy conservation
standard level (i.e., at standards case
efficiencies).
Special consideration was given to
small and large, gas-fired, steam, natural
draft, commercial packaged boilers,
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because for both of these products,
ASHRAE Standard 90.1–2007 specifies
two tiers of efficiency levels, with one
level that goes into effect in the year
2010, and another, more stringent
efficiency level that becomes effective in
the year 2020.19 DOE has tentatively
19 EPCA states if DOE adopts amended national
energy conservation standards for commercial
packaged boilers based on that ASHRAE Standard
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
decided not to adopt the efficiency
levels effective in 2010 because they
appear to be less stringent than the
90.1 efficiency levels, such standards shall become
effective two years after the effective date of the
applicable minimum energy efficiency requirement
in the amended ASHRAE Standard 90.1. (42 U.S.C.
6313(a)(6)(D)) Thus, for purposes of DOE
regulations, the effective dates of the 2010 and 2020
ASHRAE Standard 90.1–2007 efficiency levels
would be 2012 and 2022, respectively.
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
current Federal energy conservation
standards, and analyzed only the
ASHRAE Standard 90.1–2007 efficiency
levels effective 2020 for both of these
equipment classes. Because the second
tier of efficiency standards becomes
effective ten years after the beginning of
the analysis period, DOE adjusted the
total energy savings to account for the
delay in effective date. For the first ten
years of the analysis period (i.e., 2012 to
2022), there would be no energy savings
for these two equipment classes. Over
the remaining 20 years of the analysis
period, DOE assumed more-efficient
equipment required by an amended
energy conservation standard would
diffuse into the existing stock of
equipment linearly over the analysis
period as older equipment is retired.
Because the lifetime of commercial
packaged boilers was assumed to be 30
years and because only 20 years is
remaining in the analysis period when
these latter ASHRAE Standard 90.1–
2007 efficiency levels would go into
effect for these two equipment classes,
only two-thirds of commercial packaged
boiler equipment stock would be at
efficiency levels at or above those
specified by ASHRAE Standard 90.1–
2007 at the end of the analysis period.
The remaining one-third of the stock
would still be at the same efficiency as
it was before the standard levels were
amended. The remaining one-third of
the stock would then be retired over the
following 10 years (after the analysis
period has ended) and replaced with
equipment that meets or exceeds the
efficiency levels specified in ASHRAE
Standard 90.1–2007.
For efficiency levels more stringent
than those efficiency levels specified by
ASHRAE Standard 90.1–2007, DOE
used a delayed implementation date,
which coincides with the effective dates
that are required consistent with EPCA.
For the first two years of the analysis
period (i.e., 2012 to 2014), there would
be no energy savings if DOE were to
adopt more stringent efficiency levels
than those specified in ASHRAE
Standard 90.1–2007 when the ASHRAE
Standard 90.1–2007 efficiency levels are
effective in 2010. For the first 12 years
of the analysis period (i.e., 2012 to
2024), there would be no energy savings
if DOE were to adopt the efficiency
levels specified in ASHRAE Standard
90.1–2007 when the ASHRAE Standard
90.1–2007 efficiency levels are effective
in 2020. Over the remaining 28 years of
the analysis period for those efficiency
levels where ASHRAE specifies an
effective date of 2010, DOE assumed
more-efficient equipment required by an
amended energy conservation standard
would diffuse into the existing stock of
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17:14 Jul 15, 2008
Jkt 214001
equipment linearly over the analysis
period (commencing in 2012) as older
equipment is retired.
D. Estimates of Potential Energy Savings
DOE estimated the potential primary
energy savings in trillions of Btus for
each efficiency level considered within
each equipment class of commercial
packaged boilers. DOE did not analyze
the first set of ASHRAE Standard 90.1–
2007 efficiency levels with 2010
effective dates for large, gas-fired, steam,
natural draft commercial packaged
boilers and for small, gas-fired, steam,
natural draft commercial packaged
boilers. Table III.4—Table III.12 show
the potential energy savings for
commercial packaged boilers resulting
from the analyses conducted as part of
this NODA.
TABLE III.4.—POTENTIAL ENERGY SAVINGS FOR SMALL, GAS-FIRED, HOT
WATER COMMERCIAL PACKAGED
BOILERS
Primary energy
savings
estimate*
(trillion Btu)
Efficiency level
Level 1—ASHRAE—80%
ET ..................................
Level 2—82% ET ..............
Level 3—84% ET ..............
Level 4—86% ET ..............
Level 5—92% ET ..............
Level 6—‘‘Max-Tech’’—
98.1% ET .......................
13.3
18.7
64.0
127.5
320.0
483.3
*DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
TABLE III.5.—POTENTIAL ENERGY SAVINGS ESTIMATES FOR SMALL, GASFIRED, STEAM, ALL EXCEPT NATURAL DRAFT COMMERCIAL PACKAGED BOILERS
Primary energy
savings
estimate*
(trillion Btu)
Efficiency level
Level 1—ASHRAE—79%
ET ..................................
Level 2—80% ET ..............
Level 3—81% ET ..............
Level 4—82% ET ..............
Level 5—‘‘Max-Tech’’—
83.1% ET .......................
63.1
24.7
65.1
106.2
TABLE III.6.—POTENTIAL ENERGY SAVINGS ESTIMATES FOR SMALL, GASFIRED, STEAM, NATURAL DRAFT
COMMERCIAL PACKAGED BOILERS
Efficiency level
Level 1—ASHRAE—79%
ET ..................................
Level 2—‘‘Max-Tech’’—
80.4% ET .......................
Frm 00024
Fmt 4702
Sfmt 4702
1.7
6.6
*DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
TABLE III.7.—POTENTIAL ENERGY SAVINGS ESTIMATES FOR SMALL, OILFIRED, HOT WATER COMMERCIAL
PACKAGED BOILERS
Efficiency level
Level 1—ASHRAE—82%
ET ..................................
Level 2—84% ET ..............
Level 3—86% ET ..............
Level 4—88% ET ..............
Level 5—‘‘Max-Tech’’—
92.9% ET .......................
Primary energy
savings
estimate*
(trillion Btu)
7.9
12.5
28.1
47.4
84.7
*DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
TABLE III.8.—POTENTIAL ENERGY SAVINGS ESTIMATES FOR SMALL, OILFIRED, STEAM COMMERCIAL PACKAGED BOILERS
Efficiency level
Level 1—ASHRAE—81%
ET ..................................
Level 2—82% ET ..............
Level 3—83% ET ..............
Level 4—84% ET ..............
Level 5—‘‘Max-Tech’’—
85.6% ET .......................
Primary energy
savings
estimate*
(trillion Btu)
5.5
10.3
29.9
53.5
67.5
*DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
150.9
*DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
PO 00000
Primary energy
savings
estimate*
(trillion Btu)
E:\FR\FM\16JYP1.SGM
16JYP1
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Proposed Rules
40791
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,
Primary energy
Primary energy
savings
other sources; (4) whether the
savings
Efficiency level
Efficiency level
estimate*
estimate*
information has previously been made
(trillion Btu)
(trillion Btu)
available to others without obligation
Level 1—86% EC ..............
**0 concerning its confidentiality; (5) an
Level 1—ASHRAE—82%
4.8 explanation of the competitive injury to
EC ..................................
5.5 Level 2—87% EC ..............
the submitting person which would
Level 2—83% EC ..............
13.1 Level 3—‘‘Max-Tech’’—
88.5% EC ......................
23.3 result from public disclosure; (6) when
Level 3—84% EC ..............
34.5
Level 4—85% EC ..............
57.1
* DOE calculated the potential energy sav- such information might lose its
ings from making the efficiency levels more confidential character due to the
Level 5—‘‘Max-Tech’’—
96.9% EC ......................
321.4 stringent than those specified by ASHRAE passage of time; and (7) why disclosure
Standard 90.1–2007, using the efficiency levof the information would be contrary to
* DOE calculated the potential energy sav- els in Standard 90.1–2007 as the baseline.
** The current market average efficiency is the public interest.
ings from making the efficiency levels more
stringent than those specified by ASHRAE 86% combustion efficiency, which is higher
Standard 90.1–2007, using the efficiency lev- than the efficiency level specified by ASHRAE B. Issues on Which DOE Seeks Comment
TABLE III.9.—POTENTIAL ENERGY SAVINGS ESTIMATES FOR LARGE, GASFIRED, HOT WATER COMMERCIAL
PACKAGED BOILERS
TABLE III.12.—POTENTIAL ENERGY
SAVINGS ESTIMATES FOR LARGE,
OIL-FIRED, HOT WATER COMMERCIAL PACKAGED BOILERS
Standard 90.1–2007. Thus, the potential energy savings from adopting the ASHRAE
Standard 90.1–2007 efficiency level for large,
oil-fired, hot water commercial packaged boilers is zero.
els in Standard 90.1–2007 as the baseline.
TABLE III.10.—POTENTIAL ENERGY
SAVINGS ESTIMATES FOR LARGE,
GAS-FIRED, STEAM, ALL EXCEPT IV. Public Participation
NATURAL
DRAFT
COMMERCIAL
A. Submission of Comments
PACKAGED BOILERS
Efficiency level
Primary energy
savings
estimate*
(trillion Btu)
Level 1—ASHRAE—79%
ET ..................................
Level 2—80% ET ..............
Level 3—81% ET ..............
Level 4—82% ET ..............
Level 5—‘‘Max-Tech’’—
83.2% ET .......................
53.4
47.0
118.6
190.4
276.5
* DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
TABLE III.11.—POTENTIAL ENERGY
SAVINGS ESTIMATES FOR LARGE,
GAS-FIRED,
STEAM,
NATURAL
DRAFT COMMERCIAL PACKAGED
BOILERS
Efficiency level
Primary energy
savings
estimate*
(trillion Btu)
jlentini on PROD1PC65 with PROPOSALS
Level 1—ASHRAE—79%
ET ..................................
Level 2—80% ET ..............
Level 3—‘‘Max-Tech’’—
81.1% ET .......................
1.8
18.5
34.2
* DOE calculated the potential energy savings from making the efficiency levels more
stringent than those specified by ASHRAE
Standard 90.1–2007, using the efficiency levels in Standard 90.1–2007 as the baseline.
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17:14 Jul 15, 2008
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DOE will accept comments, data, and
information regarding this NODA no
later than August 15, 2008. Please
submit comments, data, and information
electronically to the following e-mail
address:
ASHRAE_90.1_rulemaking@ee.doe.gov.
Submit electronic comments in
WordPerfect, Microsoft Word, PDF, or
text (ASCII) file format and avoid the
use of special characters or any form of
encryption. Comments in electronic
format should be identified by the
docket number, EERE–2008–BT–STD–
0013, and/or RIN 1904–AB83, and
whenever possible should carry the
electronic signature of the author.
Alternatively, comments may be
submitted to the address provided at the
beginning of this notice in the
ADDRESSES section (which generally
provides instructions for submission of
comments in both electronic and hardcopy forms). 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 shall include all the
information believed to be confidential,
and the other copy of the document
shall have the information believed to
be confidential deleted. DOE will make
its own determination about the
confidential status of the information
and treat it according to its
determination.
Factors that DOE considers when
evaluating requests to treat submitted
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
DOE is interested in receiving
comments on all aspects of this NODA.
DOE especially invites comments or
data to improve DOE’s analysis,
including data or information that will
respond to the following questions or
concerns:
1. DOE surveyed the AHRI Directory
of Certified Product Performance and
did not identify any water-cooled and
evaporatively-cooled commercial
packaged air conditioners on the market
with a cooling capacity at or above
240,000 Btu/h. Therefore, DOE did not
perform a potential energy-savings
analysis on this equipment type. DOE
seeks comments from interested parties
on the market for and energy-savings
potential of water-cooled and
evaporatively-cooled commercial
package air conditioners and heat
pumps with a cooling capacity at or
above 240,000 Btu/h.
2. DOE seeks input on the base-case
distribution of efficiencies and its
prediction of how amended energy
conservation standards would affect the
distribution of efficiencies in the
standards case. DOE used the
distribution of models in the 2008
I=B=R directory as the basis for analysis.
3. DOE seeks input on the base-case
distribution of capacities and its
prediction of how amended energy
conservation standards will affect the
distribution of capacities in the
standards case. DOE used the
distribution of models in the 2008
I=B=R directory as the basis for analysis.
Issued in Washington, DC, on July 9, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E8–16256 Filed 7–15–08; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\16JYP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Proposed Rules]
[Pages 40770-40791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16256]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2008-BT-STD-0013]
RIN 1904-AB83
Energy Conservation Program for Certain Industrial Equipment:
Energy Conservation Standards for Commercial Heating, Air-Conditioning,
and Water-Heating Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability and request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as
amended, directs the U.S. Department of Energy (DOE) to establish
energy conservation standards for certain commercial and industrial
equipment, including commercial heating, air-conditioning, and water-
heating products. Of particular relevance here, the statute also
requires that each time the corresponding consensus standard--the
American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc. (ASHRAE)/ Illuminating Engineering Society of North
America (IESNA) Standard 90.1--is amended, DOE must assess whether
there is a need to update the uniform national energy conservation
standards for the same equipment covered under EPCA. ASHRAE officially
released an amended version of this industry standard (ASHRAE Standard
90.1-2007) on January 10, 2008, thereby triggering DOE's related
obligations under EPCA. As a first step in meeting these statutory
requirements, today's notice of data availability (NODA) discusses the
results of DOE's analysis of the energy savings potential of amended
energy conservation standards for certain types of commercial equipment
covered by ASHRAE Standard 90.1. Potential energy savings are based
upon either the efficiency levels specified in the amended industry
standard (i.e., ASHRAE Standard 90.1-2007) or more stringent levels
that would result in significant additional conservation of energy and
are technologically feasible and economically justified. DOE is
publishing this NODA to: (1) Announce the results and preliminary
conclusions of DOE's analysis of potential energy savings associated
with amended standards for this equipment, and (2) request public
comment on this analysis, as well as the submission of data and other
relevant information.
DATES: DOE will accept comments, data, and information regarding this
NODA submitted no later than August 15, 2008. See Section IV, ``Public
Participation,'' of this notice for details.
ADDRESSES: Any comments submitted must identify the NODA for ASHRAE
Products and provide the docket number EERE-2008-BT-STD-0013 and/or
Regulatory Information Number (RIN) 1904-AB83. Comments may be
submitted using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: ASHRAE_90.1_rulemaking@ee.doe.gov. Include the
docket number EERE-2008-BT-STD-0013 and/or RIN number 1904-AB83 in the
subject line of the message.
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.
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 this document, see section IV (Public Participation).
Docket: For access to background documents or comments received,
visit the U.S. Department of Energy, Resource Room of the Building
Technologies
[[Page 40771]]
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, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Telephone: (202) 586-7892. E-mail:
Mohammed.Khan@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, Mailstop GC-72, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-9507. E-mail: Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.
For information on how to submit public comments, contact Ms.
Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency
and Renewable Energy, Building Technologies Program, Mailstop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202) 586-2945. E-mail: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Purpose of the Notice of Data Availability
C. Background
D. Summary of DOE's Preliminary Assessment of Equipment for
Energy-Savings Analysis
II. Discussion of Equipment for Further Consideration
A. Commercial Warm-Air Furnaces
1. Gas-Fired Commercial Warm-Air Furnaces
2. Oil-Fired Commercial Warm-Air Furnaces
B. Commercial Package Air-Conditioning and Heating Equipment
1. Three-Phase, Through-the-Wall Air-Cooled Air Conditioners and
Heat Pumps
2. Three-Phase, Small-Duct, High-Velocity Air-Cooled Air
Conditioners and Heat Pumps
3. Commercial Package Air-Cooled Air Conditioners with a Cooling
Capacity at or Above 760,000 Btu per Hour
4. Water-Cooled and Evaporatively-Cooled Commercial Package Air
Conditioners and Heat Pumps With a Cooling Capacity at or Above
135,000 Btu per Hour and Less Than 240,000 Btu per Hour
5. Water-Cooled and Evaporatively-Cooled Commercial Package Air
Conditioners and Heat Pumps With a Cooling Capacity at or above
240,000 Btu per Hour
C. Packaged Terminal Air Conditioners and Heat Pumps
D. Commercial Water Heaters
1. Oil-Fired Instantaneous Water Heaters
2. Electric Storage Water Heaters
E. Commercial Packaged Boilers
1. Small, Gas-Fired Hot Water Commercial Packaged Boilers
2. Small, Gas-Fired, Steam, All Except Natural Draft Commercial
Packaged Boilers
3. Small, Gas-Fired, Steam, Natural Draft, Commercial Packaged
Boilers
4. Small, Oil-Fired, Hot Water Commercial Packaged Boilers
5. Small, Oil-Fired, Steam, Commercial Packaged Boilers
6. Large, Gas-Fired, Hot Water Commercial Packaged Boilers
7. Large, Gas-Fired, Steam, All Except Natural Draft Commercial
Packaged Boilers
8. Large, Gas-Fired, Steam, Natural Draft, Commercial Packaged
Boilers
9. Large, Oil-Fired, Hot Water Commercial Packaged Boilers
10. Large, Oil-Fired, Steam Commercial Package Boilers
III. Analysis of Potential Energy Savings
A. Annual Energy Use
B. Shipments
C. Other Analytical Inputs
1. Site-to-Source Conversion
2. Effective Date
3. Analysis Period and Lifetime
D. Estimates of Potential Energy Savings
IV. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
I. Introduction
A. Authority
Title III of EPCA, Pub. L. 94-163, as amended, sets forth a variety
of provisions concerning energy efficiency. Part A-1 \1\ of Title III
created the energy conservation program for ``Certain Industrial
Equipment.'' (42 U.S.C. 6311-6317) In general, this program addresses
the energy efficiency of certain types of commercial and industrial
equipment. Part A-1 specifically includes definitions (42 U.S.C. 6311),
test procedures (42 U.S.C. 6314), labelling provisions (42 U.S.C.
6315), energy conservation standards (42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316).
---------------------------------------------------------------------------
\1\ This part was originally titled Part C; however, it was
redesignated Part A-1 after Part C of Title III of EPCA was repealed
by Public Law 109-58.
---------------------------------------------------------------------------
In relevant part here, EPCA contains mandatory energy conservation
standards for commercial heating, air-conditioning, and water heating
equipment. (42 U.S.C. 6313(a)) Specifically, the statute sets standards
for small, large, and very large commercial package air-conditioning
and heating equipment, packaged terminal air conditioners (PTACs) and
packaged terminal heat pumps (PTHPs), warm-air furnaces, packaged
boilers, storage water heaters, and unfired hot water storage tanks.
Id. In doing so, EPCA established Federal energy conservation standards
that generally correspond to the levels in ASHRAE Standard 90.1, Energy
Standard for Buildings Except Low-Rise Residential Buildings, as in
effect on October 24, 1992 (i.e., ASHRAE Standard 90.1-1989), for each
type of covered equipment listed in 42 U.S.C. 6313(a).
In acknowledgement of technological changes that yield energy
efficiency benefits, Congress further directed DOE through EPCA to
consider amending the existing Federal energy efficiency standard for
each type of equipment listed, each time ASHRAE Standard 90.1 is
amended with respect to such equipment. (42 U.S.C. 6313(a)(6)(A)) For
each type of equipment, EPCA directs that if ASHRAE Standard 90.1 is
amended,\2\ DOE must adopt amended standards at the new efficiency
level in ASHRAE Standard 90.1, unless clear and convincing evidence
supports a determination that adoption of a more stringent level as a
national standard would produce significant additional energy savings
and be technologically feasible and economically justified. (42 U.S.C.
6313(a)(6)(A)(ii)) If DOE decides to adopt as a national standard the
minimum efficiency levels specified in the amended ASHRAE Standard
90.1, DOE must establish such standard not later than 18 months after
publication of the amended industry standard. (42 U.S.C.
6313(a)(6)(A)(ii)(I)) However, if DOE determines that a more stringent
standard is justified under 42 U.S.C. 6313(a)(6)(A)(ii)(II), then DOE
must establish such more stringent standard not later than 30 months
after publication of the amended ASHRAE Standard 90.1. (42 U.S.C.
6313(a)(6)(B))
---------------------------------------------------------------------------
\2\ Although EPCA does not explicitly define the term
``amended'' in the context of ASHRAE Standard 90.1, DOE provided its
interpretation of what would constitute an ``amended standard'' in a
final rule published in the Federal Register on March 7, 2007
(hereafter referred to as the March 2007 final rule). 72 FR 10038.
In that rule, DOE stated that the statutory trigger requiring DOE to
adopt uniform national standards based on ASHRAE action is for
ASHRAE to change a standard for any of the equipment listed in EPCA
section 342(a)(6)(A)(i) (42 U.S.C. 6313(a)(6)(A)(i)) by increasing
the energy efficiency level for that equipment type. Id. 10042. In
other words, if the revised ASHRAE Standard 90.1 leaves the standard
level unchanged or lowers the standard, as compared to the level
specified by the national standard adopted pursuant to EPCA, DOE
does not have the authority to conduct a rulemaking to consider a
higher standard for that equipment pursuant to 42 U.S.C.
6313(a)(6)(A).
---------------------------------------------------------------------------
[[Page 40772]]
As a preliminary step in this process, EPCA directs DOE to publish
in the Federal Register for public comment an analysis of the energy
savings potential of amended energy efficiency standards, within 180
days after ASHRAE Standard 90.1 is amended with respect to any of the
covered products specified under 42 U.S.C. 6313(a).\3\ (42 U.S.C.
6313(a)(6)(A))
---------------------------------------------------------------------------
\3\ This statutory provision was added by section 305 of the
Energy Independence and Security Act of 2007 (EISA 2007), Public Law
110-140, which applies to all of the products for which there are
currently Federal energy conservation standards that are also
covered by ASHRAE Standard 90.1. In addition, this document is also
required under the Consent Decree (filed Nov. 6, 2006) in New York
v. Bodman, No. 05 Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005) and
Natural Resources Defense Council v. Bodman, No. 05 Civ. 7808
(S.D.N.Y. filed Sept. 7, 2005), which requires an initial DOE action
to be taken on any ASHRAE amendments related to products in the
Consent Decree (i.e., packaged terminal air conditioners and
packaged terminal heat pumps, packaged boilers, and instantaneous
water heaters) no later than six months after adoption of the
amendment by ASHRAE. (Consent Decree section III, paragraph 4)
---------------------------------------------------------------------------
On January 9, 2008, ASHRAE's Board of Directors gave final approval
to ASHRAE Standard 90.1-2007 \4\ for distribution, which ASHRAE
officially released and made public on January 10, 2008. This action by
ASHRAE triggered DOE's obligations under 42 U.S.C. 6313(a)(6), as
outlined above. This NODA embodies the analysis of the energy savings
potential of amended energy efficiency standards, as required under 42
U.S.C. 6313(a)(6)(A)(i).
---------------------------------------------------------------------------
\4\ This industry standard is developed with input from a number
of organizations--most prominently, ASHRAE, the American National
Standards Institute (ANSI), and the Illuminating Engineering Society
of North America (IESNA). Therefore, this document may sometimes be
referred to more formally as ANSI/ASHRAE/IESNA Standard 90.1-2007.
See https://www.ashrae.org for more information.
---------------------------------------------------------------------------
B. Purpose of the Notice of Data Availability
As explained above, DOE is publishing today's NODA as a preliminary
step pursuant to EPCA's requirements for DOE to consider amended energy
conservation standards for certain types of commercial equipment
covered by ASHRAE Standard 90.1, whenever ASHRAE amends its standard to
increase the energy efficiency level for that equipment type.
Specifically, this NODA presents for public comment DOE's analysis of
the potential energy savings estimates for amended national energy
conservation standards for these types of commercial equipment based
on: (1) The modified efficiency levels contained within ASHRAE Standard
90.1-2007, and (2) more stringent efficiency levels. DOE describes
these analyses and preliminary conclusions and seeks input from
interested parties, including the submission of data and other relevant
information.
DOE is not required by EPCA to review additional changes in ASHRAE
Standard 90.1-2007 for those equipment types where ASHRAE did not
increase the efficiency level. For those types of equipment for which
efficiency levels clearly did not change, DOE has conducted no further
analysis. However, for other ASHRAE products, DOE found that while
ASHRAE had made changes in ASHRAE Standard 90.1-2007, it was not
immediately apparent whether such revisions to the Standard 90.1 level
would make the equipment more or less efficient, as compared to the
existing Federal energy conservation standards. For example, when
setting a standard using a different efficiency metric (as is the case
for several types of commercial packaged boiler equipment), ASHRAE
Standard 90.1-2007 changes the standard level from that specified in
EPCA, but it is not immediately clear whether a standard level will
make equipment more or less efficient. Therefore, DOE is undertaking
this additional threshold analysis in order to thoroughly evaluate the
amendments in ASHRAE Standard 90.1-2007 in a manner consistent with its
statutory mandate.
Using this approach, DOE has undertaken a comprehensive analysis of
the products covered under both EPCA and ASHRAE Standard 90.1-2007 to
determine which products types require further analysis. Section II,
Discussion of Equipment for Further Consideration, contains a
description of DOE's evaluation of each ASHRAE equipment type for which
energy conservation standards have been set pursuant to EPCA, in order
for DOE to determine whether the amendments in Standard 90.1-2007 have
resulted in increased efficiency levels. For those types of equipment
in ASHRAE Standard 90.1, which have been determined to increase the
efficiency levels, DOE subjected that equipment to further analysis
under Section III, Analysis of Potential Energy Savings.
In summary, the energy savings analysis presented in this NODA is a
preliminary step required under 42 U.S.C. 6313(a)(6)(A)(i). After
review of the public comments on this NODA, if DOE decides that the
amended efficiency levels in ASHRAE Standard 90.1-2007 have the
potential for additional energy savings for types of equipment
currently covered by uniform national standards, DOE will commence
rulemaking to consider amended standards, based upon either the
efficiency levels in ASHRAE Standard 90.1-2007 or more stringent
efficiency levels which would be expected to result in significant
additional conservation of energy and are technologically feasible and
economically justified. In conducting such rulemaking, DOE will address
the general rulemaking requirements for all energy conservation
standards, such as the anti-backsliding provision \5\ (42 U.S.C.
6316(a); 42 U.S.C. 6295(o)(1)), the criteria for making a determination
that a standard is economically justified \6\ (42 U.S.C. 6316(a); 42
U.S.C. 6295(o)(2)(B)(i)-(ii)), and the prohibition on making
unavailable existing products with performance characteristics
generally available in the U.S.\7\ (42 U.S.C. 6316(a); 42 U.S.C.
6295(o)(4)).
---------------------------------------------------------------------------
\5\ EPCA contains what is commonly known as an ``anti-
backsliding'' provision (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1)).
This provision mandates that the Secretary not prescribe any amended
standard that either increases the maximum allowable energy use or
decreases the minimum required energy efficiency of covered
equipment. Natural Resources Defence Council v. Abraham, 355 F. 3d
179 (2d Cir. 2004).
\6\ In deciding whether a more stringent standard is
economically justified, DOE must review comments on the proposed
standard, and then determine whether the benefits of the standard
exceed its burdens by considering the following seven factors to the
greatest extent practicable:
(1) The economic impact on manufacturers and consumers subject
to the standard;
(2) The savings in operating costs throughout the estimated
average life of the product in the type (or class), compared to any
increase in the price, initial charges, or maintenance expenses of
the products likely to result from the standard;
(3) The total projected amount of energy savings likely to
result directly from the standard;
(4) Any lessening of product utility or performance likely to
result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, likely to result from the standard;
(6) The need for national energy conservation; and
(7) Other factors the Secretary considers relevant.
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)-(ii))
\7\ The Secretary may not prescribe an amended standard if
interested persons have established by a preponderance of evidence
that the amended standard is ``likely to result in the
unavailability in the United States of any product type (or class)''
with performance characteristics (including reliability), features,
sizes, capacities, and volumes that are substantially the same as
those generally available in the United States at the time of the
Secretary's finding. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(4))
---------------------------------------------------------------------------
C. Background
ASHRAE Standard 90.1-2007
As noted above, on January 9, 2008, ASHRAE's Board of Directors
gave final approval to ASHRAE Standard 90.1-2007, which ASHRAE released
on January 10, 2008. The ASHRAE standard addresses efficiency levels
for many types of commercial heating,
[[Page 40773]]
ventilating, air-conditioning (HVAC), and water-heating equipment
covered by EPCA. ASHRAE Standard 90.1-2007 revised the efficiency
levels for certain commercial equipment, but for the remaining
equipment, ASHRAE left in place the preexisting levels (i.e., the
efficiency levels specified in EPCA or the efficiency levels in ASHRAE
Standard 90.1-1999).
Table I.1 below sets forth the existing Federal energy conservation
standards and the efficiency levels specified in ASHRAE Standard 90.1-
2007 for equipment where ASHRAE modified its requirements. The balance
of this section of the document will assess these equipment types to
determine whether the amendments in ASHRAE Standard 90.1-2007
constitute increased energy efficiency levels, as would necessitate
further analysis of the potential energy savings from amended Federal
energy conservation standards under Section III.
Table I.1.--Federal Energy Conservation Standards and Energy Efficiency Levels in ASHRAE Standard 90.1-2007 for
Specific Types of Commercial Equipment*
----------------------------------------------------------------------------------------------------------------
ASHRAE
Federal energy Energy efficiency Standard 90.1- Energy-savings
ASHRAE equipment class conservation levels in ASHRAE 2007 potential analysis
standards Standard 90.1-2007 effective date required
----------------------------------------------------------------------------------------------------------------
Commercial Warm-Air Furnaces
----------------------------------------------------------------------------------------------------------------
Gas-Fired Commercial Warm-Air Et = 80%........... Ec = 80%........... 1/10/2008 No (See Section
furnace. Interrupted or II.A.1.).
intermittent
ignition device,
jacket losses not
exceeding 0.75% of
input rating,
power vent, or
flue damper**.
Oil-Fired Commercial Warm-Air Et = 81%........... Et = 81%........... 1/10/2008 No (See Section
furnace. Interrupted or II.A.2.).
intermittent
ignition device,
jacket losses not
exceeding 0.75% of
input rating,
power vent, or
flue damper**.
----------------------------------------------------------------------------------------------------------------
Commercial Package Air-Conditioning and Heating Equipment
----------------------------------------------------------------------------------------------------------------
Through-the-Wall Air Conditioners 13.0 SEER*** 12.0 SEER (As of 01/ 1/23/2010 No (See Section
(Effective as of 23/10) II.B.1.).
06/19/08)
Through-the-Wall Air-Cooled Heat 13.0 SEER 12.0 SEER 7.4 HSPF 1/23/2010 No (See Section
Pumps. (Effective as of [dagger] (As of 01/ II.B.1.).
06/19/08) 23/10)
Small Duct, High Velocity, Air- 13.0 SEER 10.0 SEER.......... 1/10/2008 No (See Section
Cooled Air Conditioners. (Effective as of II.B.2.).
06/19/08)
Small Duct, High Velocity, Air- 13.0 SEER 10.0 SEER 6.8 HSPF 1/10/2008 No (See Section
Cooled Heat Pumps. (Effective as of II.B.2.).
06/19/08)
Packaged Air-Cooled Air None............... 9.7 EER 1/1/2010 No (See Section
Conditioners with Cooling [dagger][dagger][d II.B.3.).
Capacity [gteqt]760,000 Btu/h agger] (As of 01/
[dagger][dagger] and with No 01/10)
Heating or with Electric
Resistance Heating.
Packaged Air-Cooled Air None............... 9.5 EER (As of 01/ 1/1/2010 No (See Section
Conditioners with Cooling 01/10) II.B.3.).
Capacity [gteqt]760,000 Btu/h
and with Heating That is Other
Than Electric Resistance Heating.
Water-Cooled and Evaporatively 11.0 EER........... 11.0 EER........... [Dagger]1/10/ No (See Section
Cooled Air Conditioner with 2008 II.B.4.).
Cooling Capacity [gteqt]135,000
and <240,000 Btu/h, and with No
Heating or with Electric
Resistance Heating.
Water-Cooled and Evaporatively 11.0 EER........... 10.8 EER........... [Dagger]1/10/ No (See Section
Cooled Air Conditioner with 2008 II.B.4.).
Cooling Capacity [gteqt]135,000
and <240,000 Btu/h, and with
Heating That is Other Than
Electric Resistance Heating.
Water-Cooled and Evaporatively None............... 11.0 EER........... 1/10/2008 No (See Section
Cooled Air Conditioner with II.B.5.).
Cooling Capacity [gteqt]240,000
Btu/h and with No Heating or
with Electric Resistance Heating.
Water-Cooled and Evaporatively None............... 10.8 EER........... 1/10/2008 No (See Section
Cooled Air Conditioner with II.B.5.)
Cooling Capacity [gteqt]240,000
Btu/h and with Heating That is
Other Than Electric Resistance
Heating.
----------------------------------------------------------------------------------------------------------------
[[Page 40774]]
Packaged Terminal Air Conditioners (PTACs) and Heat Pumps (PTHPs) [Dagger][Dagger]
----------------------------------------------------------------------------------------------------------------
Packaged Terminal Air EER = 8.88......... EER = 11.0......... [Dagger]1/10/ No (See Section
Conditioners with Cooling 2008 II.C.).
Capacity <7,000 Btu/h, and
Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Air EER = 8.88......... EER = 9.4.......... [Dagger]1/10/ No (See Section
Conditioners with Cooling 2008 II.C.).
Capacity <7,000 Btu/h, and Non-
Standard Size [diam]
(Replacement).
Packaged Terminal Air EER = 10.0-(0.16 x EER = 12.5-(0.213 x [Dagger]1/10/ No (See Section
Conditioners with Cooling Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.).
Capacity [gteqt]7,000 and
<15,000 Btu/h, and Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Air EER = 10.0-(0.16 x EER = 10.9-(0.213 x [Dagger]1/10/ No (See Section
Conditioners with Cooling Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.).
Capacity [gteqt]7,000 and
<15,000 Btu/h, and Non-Standard
Size[diam] (Replacement).
Packaged Terminal Air EER = 7.6.......... EER = 9.3.......... [Dagger]1/10/ No (See Section
Conditioners with Cooling 2008 II.C.).
Capacity >15,000 Btu/h, and
Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Air EER = 7.6.......... EER = 7.7.......... [Dagger]1/10/ No (See Section
Conditioners with Cooling 2008 II.C.).
Capacity >15,000 Btu/h, and Non-
Standard Size [diam]
(Replacement).
Packaged Terminal Heat Pumps with EER = 8.88......... EER = 10.8......... [Dagger]1/10/ No (See Section
Cooling Capacity <7,000 Btu/h, COP[diam][diam][dia COP = 3.0.......... 2008 II.C.).
and Standard Size m] = 2.7.
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Heat Pumps with EER = 8.88......... EER = 9.3.......... [Dagger]1/10/ No (See Section
Cooling Capacity <7,000 Btu/h, COP = 2.7.......... COP = 2.7.......... 2008 II.C.).
and Non-Standard Size[diam]
(Replacement).
Packaged Terminal Heat Pumps with EER = 10.0-(0.16 x EER = 12.3-(0.213 x [Dagger]1/10/ No (See Section
Cooling Capacity [gteqt]7,000 Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.).
and <15,000 Btu/h, and Standard COP = 1.3 + (0.16 x COP = 3.2-(0.026 x
Size [Dagger][Dagger][Dagger] EER). Cap [diam][diam])..
(New Construction).
Packaged Terminal Heat Pumps with EER = 10.0-(0.16 x EER = 10.8-(0.213 x [Dagger]1/10/ No (See Section
Cooling Capacity [gteqt]7,000 Cap [diam][diam]). Cap [diam][diam]). 2008 II.C.).
and <15,000 Btu/h, and Non- COP = 1.3 + (0.16 x COP = 2.9-(0.026 x
Standard Size [diam] EER). Cap [diam][diam])..
(Replacement).
Packaged Terminal Heat Pumps with EER = 7.6.......... EER = 9.1.......... [Dagger]1/10/ No (See Section
Cooling Capacity >15,000 Btu/h, COP = 2.5.......... COP = 2.8.......... 2008 II.C.)
and Standard Size
[Dagger][Dagger][Dagger] (New
Construction).
Packaged Terminal Heat Pumps with EER = 7.6.......... EER = 7.6.......... [Dagger]1/10/ No (See Section
Cooling Capacity >15,000 Btu/h, COP = 2.5.......... COP = 2.5.......... 2008 II.C.).
and Non-Standard Size [diam]
(Replacement).
----------------------------------------------------------------------------------------------------------------
Commercial Water Heaters
----------------------------------------------------------------------------------------------------------------
Oil-Fired Instantaneous Water ET = 78%........... ET = 78%........... [Dagger]1/10/ No (See Section
Heaters [gteqt]4,000 Btu/h/gal SL = Q/800 + SL = Q/800 + 2008 II.D.1.).
and [gteqt]10 gal. 110(Vr)1/2, Btu/h. 110(V)1/2, Btu/h.
----------------------------------------------------------------------------------------------------------------
Electric Storage Water Heaters... SL = 0.3 + 27/Vm (%/ SL = 20 + 35(V)1/2, [Dagger]1/10/ No (See Section
h). Btu/h. 2008 II.D.2.).
----------------------------------------------------------------------------------------------------------------
Commercial Packaged Boilers
----------------------------------------------------------------------------------------------------------------
Small Gas-Fired, Hot Water, EC = 80%........... ET = 80%........... 3/2/2010 Yes (See Section
Commercial Packaged Boilers. II.E.1, Section
III, and Table
III.4.).
Small Gas-Fired, Steam, All EC = 80%........... ET = 79%........... 3/2/2010 Yes (See Section
Except Natural Draft Commercial II.E.2, Section
Packaged Boilers. III, and Table
III.5.).
Small Gas-Fired, Steam, Natural EC = 80%........... ET = 77% (Effective 3/2/2010 Yes (See Section
Draft, Commercial Packaged 03/2/2010). .............. II.E.3, Section
Boilers. ET = 79% (Effective 3/2/2020 III, and Table
03/2/2020). III.6.).
[[Page 40775]]
Small Oil-Fired, Hot Water, EC = 83%........... ET = 82%........... 3/2/2010 Yes (See Section
Commercial Packaged Boilers. II.E.4, Section
III, and Table
III.7.).
Small Oil-Fired, Steam, EC = 83%........... ET = 81%........... 3/2/2010 Yes (See Section
Commercial Packaged Boilers. II.E.5, Section
III, and Table
III.8.).
Large Gas-Fired, Hot Water, EC = 80%........... EC = 82%........... 3/2/2010 Yes (See Section
Commercial Packaged Boilers. II.E.6, Section
III, and Table
III.9.).
Large Gas-Fired, Steam, All EC = 80%........... ET = 79%........... 3/2/2010 Yes (See Section
except Natural Draft, Boilers. II.E.7, Section
III, and Table
III.10.).
Large Gas-Fired, Steam, Natural EC = 80%........... ET = 77% (Effective 3/2/2010 Yes (See Section
Draft, Commercial Packaged 3/2/2010). .............. II.E.8, Section
Boilers. ET = 79% (Effective 3/2/2020 III, and Table
3/2/2020). III.11.).
Large Oil-Fired, Hot Water, EC = 83%........... EC = 84%........... 3/2/2010 Yes (See Section
Commercial Packaged Boilers. II.E.9, Section
III, and Table
III.12.).
Large Oil-Fired, Steam, EC = 83%........... ET = 81%........... 3/2/2010 No (See Section
Commercial Packaged Boilers. II.E.10.).
----------------------------------------------------------------------------------------------------------------
* All equipment classes included in this table are equipment where there is a perceived difference between the
current Federal standard levels and the efficiency levels specified by ASHRAE Standard 90.1-2007. Although, in
some cases, the efficiency levels in this table may appear to be equal or lower than the Federal energy
conservation standards, DOE further reviewed the efficiency levels in ASHRAE Standard 90.1-2007 and presented
its findings in section II, Discussion of Equipment for Further Consideration.
** A vent damper is an acceptable alternative to a flue damper for those furnaces that draw combustion air from
conditioned space.
*** Seasonal Energy Efficiency Ratio.
[dagger] Heating Seasonal Performance Factor.
[dagger][dagger] British thermal units per hour (Btu/h).
[dagger][dagger][dagger] Energy Efficiency Ratio.
[Dagger] For the purposes of this NODA, the date shown in this column is the date of publication of ASHRAE
Standard 90.1-2007 (Jan. 10, 2008) for equipment where the ASHRAE Standard 90.1-2007 initially appears to be
different from the Federal energy conservation standards and where no effective date was specified by ASHRAE
Standard 90.1-2007.
[Dagger][Dagger] For equipment rated according to the DOE test procedure, all EER values must be rated at
95[deg]F outdoor dry-bulb temperature for air-cooled products and evaporatively-cooled products, and at
85[deg]F entering water temperature for water-cooled products. All COP values must be rated at 47[deg]F
outdoor dry-bulb temperature for air-cooled products, and at 70[deg]F entering water temperature for water-
source heat pumps.
[Dagger][Dagger][Dagger] Standard size refers to PTAC or PTHP equipment with wall sleeve dimensions [gteqt]16
inches high, or [gteqt]42 inches wide.
[diam] Non-standard size refers to PTAC or PTHP aequipment with wall sleeve dimensions less than 16 inches high
and less than 42 inches wide. ASHRAE/IESNA Standard 90.1-1999 also includes a factory labeling requirement for
non-standard size PTAC and PTHP equipment as follows: ``MANUFACTURED FOR REPLACEMENT APPLICATIONS ONLY; NOT TO
BE INSTALLED IN NEW CONSTRUCTION PROJECTS.''
[diam][diam] Cap means cooling capacity in kBtu/h at 95[deg]F outdoor dry-bulb temperature.
[diam][diam][diam] Coefficient of Performance.
D. Summary of DOE's Preliminary Assessment of Equipment for Energy-
Savings Analysis
DOE has reached a preliminary conclusion for each of the classes of
commercial equipment for which ASHRAE Standard 90.1-2007 modified the
pre-existing minimum efficiency standard. For each class of commercial
equipment for which ASHRAE modified the pre-existing standard, DOE
assessed whether the change made would increase energy efficiency and,
therefore, require an energy-savings potential analysis. This
assessment is summarized in Section II of this NODA. Table I.1
indicates whether DOE concluded, based on this assessment, that an
energy-savings potential analysis is required. For those products for
which such an analysis is required, DOE has indicated the results of
its preliminary analysis in section III.
Based upon DOE's analysis in section II, DOE has determined that
ASHRAE increased the efficiency level for the following equipment
classes. Accordingly, DOE performed an energy-savings analysis for
these equipment types, the results of which are presented in section
III. These equipment classes include:
Small, Gas-Fired Hot Water Commercial Packaged Boilers;
Small, Gas-Fired, Steam, All Except Natural Draft
Commercial Packaged Boilers;
Small, Gas-Fired, Steam, Natural Draft, Commercial
Packaged Boilers;
Small, Oil-Fired, Hot Water Commercial Packaged Boilers;
Small, Oil-Fired, Steam, Commercial Packaged Boilers;
Large, Gas-Fired, Hot Water Commercial Packaged Boilers;
Large, Gas-Fired, Steam, All Except Natural Draft
Commercial Packaged Boilers;
Large, Gas-Fired, Steam, Natural Draft, Commercial
Packaged Boilers;
Large, Oil-Fired, Hot Water Commercial Packaged Boilers.
[[Page 40776]]
II. Discussion of Equipment for Further Consideration
As discussed above, before beginning an analysis of the potential
energy savings that would result from adopting the efficiency levels
specified by ASHRAE Standard 90.1-2007 or more stringent efficiency
levels, DOE first determined whether or not the ASHRAE Standard 90.1-
2007 efficiency levels actually represented an increase in efficiency
above the current Federal standard levels. This section contains a
discussion of each equipment class where the ASHRAE Standard 90.1-2007
efficiency level differs from the current Federal standard level, along
with a preliminary conclusion as to the action DOE would take with
respect to that equipment.
A. Commercial Warm-Air Furnaces
Under EPCA, a ``warm air furnace'' is defined as ``a self-contained
oil- or gas-fired furnace designed to supply heated air through ducts
to spaces that require it and includes combination warm air furnace/
electric air-conditioning units but does not include unit heaters and
duct furnaces.'' (42 U.S.C. 6311(11)(A)) In its regulations, DOE
defines a ``commercial warm air furnace'' as a ``warm air furnace that
is industrial equipment, and that has a capacity (rated maximum input)
of 225,000 Btu per hour or more.'' 10 CFR 431.72. The amendments in
ASHRAE Standard 90.1-2007 trigger DOE to evaluate two types of
furnaces: (1) Gas-fired commercial warm air furnaces, and (2) oil-fired
commercial warm air furnaces.
1. Gas-Fired Commercial Warm-Air Furnaces
Gas-fired commercial warm-air furnaces are fueled by either natural
gas or propane. The Federal minimum energy conservation standard for
commercial gas-fired warm-air furnaces corresponds to the efficiency
level in ASHRAE Standard 90.1-1999, which specifies for equipment with
a capacity of 225,000 Btu/h or more, the thermal efficiency at the
maximum rated capacity (rated maximum input) must be no less than 80
percent. 10 CFR Part 431.77(a). The Federal minimum energy conservation
standard for gas-fired commercial warm-air furnaces applies to
equipment manufactured on or after January 1, 1994. 10 CFR 431.77.
ASHRAE changed the efficiency levels for gas-fired commercial warm-
air furnaces by changing the metric from a thermal efficiency
descriptor to a combustion efficiency descriptor and adding three
design requirements. Specifically, the efficiency levels in ASHRAE
Standard 90.1-2007 specify a minimum combustion efficiency of 80
percent. ASHRAE Standard 90.1-2007 also specifies the following design
requirements for commercial gas-fired warm-air furnaces: The gas-fired
commercial warm-air furnace must use an interrupted or intermittent
ignition device, have jacket losses no greater than 0.75 percent of the
input rating, and use a power vent or flue damper.
In order to evaluate the change in efficiency level (if any)
effectuated by the amended ASHRAE standard, DOE reviewed the change of
metric for gas-fired commercial warm-air furnaces. In general, the
energy efficiency of a product is a function of the relationship
between the product's output of services and its energy input. A
furnace's output is largely the energy content of its output (i.e.,
warm air delivered to the building). A furnace's energy losses consist
of energy that escapes through its flue (commonly referred to as ``flue
losses''), and of energy that escapes into the area surrounding the
furnace (commonly referred to as ``jacket losses'').
In a final rule published in the Federal Register on October 21,
2004 (the October 2004 final rule), DOE incorporated definitions for
commercial warm-air furnaces and its efficiency descriptor, energy
efficiency test procedures, and energy conservation standards. 69 FR
61916. In the October 2004 final rule, DOE pointed out that EPCA
specifies the energy conservation standard levels for commercial warm-
air furnaces in terms of thermal efficiency (42 U.S.C. 6313(a)(4)(A)-
(B); 10 CFR 431.77), but provides no definition for this term. DOE
proposed to interpret this term in the context of commercial warm-air
furnaces to mean combustion efficiency (i.e., 100 percent minus percent
flue loss). Id. at 61919. Given use of the thermal efficiency term in
EPCA and its continued use as the efficiency descriptor for furnaces in
ANSI Standard Z21.47, Gas-Fired Central Furnaces (DOE's test procedure
for this equipment), DOE stated that it would be confusing to use the
term ``combustion efficiency'' in the final rule. Accordingly, DOE
defined the term ``thermal efficiency'' to mean 100 percent minus the
percent flue loss in the October 2004 final rule for gas-fired
commercial warm-air furnaces. Id.
Upon reviewing the efficiency levels and methodology specified in
ASHRAE Standard 90.1-2007, DOE believes that despite changing the name
of the energy efficiency descriptor from ``thermal efficiency'' to
``combustion efficiency,'' ASHRAE did not intend to change the
efficiency metric for gas-fired commercial warm air furnaces. When
ASHRAE specified a newer version of the test procedure manufacturers
use for gas-fired commercial air furnaces (i.e., ANSI Standard Z21.47-
2001), the calculation of thermal efficiency did not change from the
previous version. So despite that change in the name of the energy
efficiency descriptor, DOE believes that in the present context, the
terms are synonymous, because the calculation of that value has not
changed (i.e. , 100 percent minus the percent flue loss). DOE sees no
plausible reason why ASHRAE would have chosen to incorporate a
different metric than that used in the ANSI Standard Z21.47-2001 test
procedure. Consequently, because the amendments for this type of
product set out in ASHRAE Standard 90.1-2007 do not appear to have
changed the efficiency level, DOE tentatively plans to leave the
existing Federal energy conservation standards in place for gas-fired
commercial warm air furnaces, which specify a thermal efficiency of 80
percent using the definition of ``thermal efficiency'' established by
DOE in the October 2004 final rule and presented in subpart D to 10 CFR
part 431.
2. Oil-Fired Commercial Warm-Air Furnaces
The Federal minimum energy conservation standard for commercial
oil-fired warm-air furnaces corresponds to the efficiency level in
ASHRAE Standard 90.1-1999, which specifies that for equipment with a
capacity of 225,000 Btu/h or more, the thermal efficiency at the
maximum rated capacity (rated maximum input) must be no less than 81
percent. 10 CFR 431.77(b). The Federal minimum energy conservation
standard for oil-fired commercial warm-air furnaces applies to
equipment manufactured on or after January 1, 1994. 10 CFR 431.77.
The efficiency level in ASHRAE Standard 90.1-2007 specifies a
minimum thermal efficiency of 81 percent. ASHRAE did not change the
efficiency levels for oil-fired commercial warm-air furnaces, but
ASHRAE added three design requirements. ASHRAE Standard 90.1-2007 now
specifies that commercial, oil-fired, warm-air furnaces must use an
interrupted or intermittent ignition device, have jacket losses no
greater than 0.75 percent of the input rating, and use a power vent or
flue damper.
DOE published a final rule in the Federal Register on March 7,
2007, which states that the statutory trigger that requires DOE to
adopt uniform national standards based on ASHRAE action is for ASHRAE
to change a
[[Page 40777]]
standard by increasing the energy efficiency of the equipment listed in
EPCA section 342(a)(6)(A)(i) (42 U.S.C. 6313 (a)(6)(A)(i)). 72 FR
10038, 10042. If ASHRAE merely considers raising the standards for any
of the equipment listed in this section but ultimately decides to leave
the standard levels unchanged or lowers the standard, DOE does not have
the authority to conduct a rulemaking for higher standards. Id. If
ASHRAE imposes more stringent standards for a specific subset of the
listed equipment, DOE only has the authority to adopt the ASHRAE levels
for that subset of equipment and its effective dates specified in the
new ASHRAE standard. Id.
In practice, 42 U.S.C. 6313 generally allows ASHRAE Standard 90.1
to set minimum energy efficiency levels for equipment as a model
building code and directs DOE to use these efficiency levels as the
basis for maintaining consistent, uniform national energy conservation
standards for the same equipment, provided all other applicable
statutory requirements are met. If ASHRAE has not changed an efficiency
level for a class of equipment subject to 42 U.S.C. 6313, DOE does not
have authority to consider amending the uniform national standard at
the time of publication of the amended ASHRAE Standard 90.1. Therefore,
although ASHRAE added design requirements in ASHRAE Standard 90.1-2007,
it did not change the efficiency levels for oil-fired commercial warm-
air furnaces. Therefore, DOE does not have authority to amend the
uniform national standard for this equipment. As stated in the March
2007 final rule, DOE believes that the statutory language specifically
links ASHRAE's action in changing standards for specific equipment as a
prerequisite to DOE's action for that same equipment. 72 FR 10038,
10042 (March 7, 2007).
B. Commercial Package Air-Conditioning and Heating Equipment
EPCA, as amended, includes the following definition of ``commercial
package air-conditioning and heating equipment'': ``air-cooled, water-
cooled, evaporatively-cooled, or water source (not including ground
water source) electrically operated, unitary central air conditioners
and central air-conditioning heat pumps for commercial application.''
(42 U.S.C. 6311(8)(A); 10 CFR 431.92) EPCA also defines ``small,''
``large,'' and ``very large commercial package air-conditioning and
heating equipment'' based on the equipment's rated cooling capacity.
(42 U.S.C. 6311(8)(B)-(D); 10 CFR 431.92) ``Small commercial package
air-conditioning and heating equipment'' means ``commercial package
air-conditioning and heating equipment that is rated below 135,000 Btu
per hour (cooling capacity).'' (42 U.S.C. 6311(8)(B); 10 CFR 431.92)
``Large commercial package air-conditioning and heating equipment''
means ``commercial package air-conditioning and heating equipment that
is rated: (i) at or above 135,000 Btu per hour; and (ii) below 240,000
Btu per hour (cooling capacity). (42 U.S.C. 6311(8)(C); 10 CFR 431.92)
``Very large commercial package air-conditioning and heating
equipment'' means ``commercial package air-conditioning and heating
equipment that is rated: (i) at or above 240,000 Btu per hour; and (ii)
below 760,000 Btu per hour (cooling capacity). (42 U.S.C. 6311(8)(D);
10 CFR 431.92)
1. Three-Phase, Through-the-Wall Air-Cooled Air Conditioners and Heat
Pumps
ASHRAE Standard 90.1-2007 identifies efficiency levels for three-
phase through-the-wall air-cooled air conditioners and heat pumps,
single package and split systems, with a cooling capacity of no greater
than 30,000 Btu/h. The efficiency levels specified by ASHRAE Standard
90.1-2007 include a seasonal energy efficiency ratio of 12.0 for
cooling mode and a heating seasonal performance factor of 7.4 for
equipment manufactured on or after January 23, 2010.\8\ ASHRAE aligned
these efficiency levels and its corresponding effective dates with the
efficiency levels established in EPCA for single-phase residential
versions of the same products.
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\8\ ASHRAE provides the same requirement for single-phase and
three-phase through-the-wall air-cooled air conditioners and heat
pumps used in covered commercial buildings, but points out that
single-phase products are regulated as residential products under 10
CFR 430.32(c)(2).
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Neither EPCA nor DOE has established a specific definition for
commercial ``through-the-wall air-cooled air conditioners and heat
pumps.'' The residential through-the-wall air-cooled air conditioners
and heat pumps covered under EPCA, as amended by the National Appliance
Energy Conservation Act of 1987 (NAECA) (Pub. L. 100-12) and defined in
10 CFR 430.2, are by definition single-phase products, whereas the
commercial through-the-wall air-cooled air conditioners and heat pumps
mentioned in ASHRAE Standard 90.1-2007 are three-phase products. In its
regulations, DOE defines a residential ``through-the-wall air
conditioner and heat pump'' as ``a central air conditioner or heat pump
that is designed to be installed totally or partially within a fixed-
size opening in an exterior wall. * * *'' 10 CFR 430.2. Furthermore,
this equipment: (1) Must be manufactured before January 23, 2010; (2)
must not be weatherized; (3) must be clearly and permanently marked for
installation only through an exterior wall; (4) have a rated cooling
capacity no greater than 30,000 Btu/h; (5) exchange all of its outdoor
air across a single surface of the equipment cabinet; and (6) have a
combined outdoor air exchange area of less than 800 square inches
(split systems) or less than 1,210 square inches (single packaged
systems) as measured on the surface described in paragraph (5) of this
definition. Id.
In terms of equipment construction, commercial and residential
through-the-wall air-cooled air conditioners and heat pumps are
believed to utilize the same components in the same configurations to
provide space cooling and heating. DOE believes commercial versions of
through-the-wall air-cooled air conditioners and heat pumps are
essentially the same as residential versions, except that they are
powered using three-phase electric power.
EPCA does not separate three-phase, through-the-wall air-cooled air
conditioners and heat pumps from other types of small commercial
package air-conditioning and heating equipment in its definitions.
Therefore, EPCA's definition of ``small commercial package air-
conditioning and heating equipment'' would include three-phase through-
the-wall air-cooled air conditioners and heat pumps. Although EPCA does
not use the term ``three-phase through-the-wall air-cooled air
conditioners and heat pumps,'' the three-phase versions of this
equipment, regardless of cooling capacity, fall within the definition
of ``small commercial package air-conditioning and heating equipment.''
(42 U.S.C. 6311(8)(A)-(B)) There is no language in EPCA to indicate
that three-phase through-the-wall air-cooled air conditioners and heat
pumps are a separate type of covered equipment.
The Federal energy conservation standards for three-phase,
commercial package air conditioners and heat pumps less than 65,000
Btu/h were established by EISA 2007 for such products manufactured on
or after June 19, 2008. Specifically, section 314(b)(4)(C) of EISA 2007
amended section 342(a) of EPCA (42 U.S.C. 6313(a)) by adding new
provisions for three-phase commercial package air conditioners with a
cooling capacity of less than 65,000 Btu/h. (42 U.S.C.
[[Page 40778]]
6313(a)(7)(D)) The provision in EISA 2007 mandates minimum seasonal
energy efficiency ratios for cooling mode and minimum heating seasonal
performance factors for heating mode of air-cooled, three-phase
electric central air conditioners and central air-conditioning heat
pumps with a cooling capacity of less than 65,000 Btu/h.\9\ Three-
phase, through-the-wall, air-cooled air conditioners and heat pumps are
a smaller subset of three-phase commercial package air conditioners
with a cooling capacity of less than 65,000 Btu/h and were not
explicitly excluded from the standards in section 314(b)(4)(C) of EISA
2007. Because EISA 2007 set such standards, DOE must follow them, and
they are more stringent than the levels contained in ASHRAE Standard
90.1-2007 for those products. Accordingly, DOE affirms that the EISA
2007 efficiency levels for small commercial package air-conditioning
and heating equipment less than 65,000 Btu/h apply to three-phase
through-the-wall air-cooled air conditioners and heat pumps with a
cooling capacity no greater than 30,000 Btu/h. (42 U.S.C.
6313(a)(7)(D)) Therefore, no further analysis is required for three-
phase, through-the-wall, air-cooled air conditioners and heat pumps.
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\9\ Section 314(b)(4)(C) of EISA specifies for ``equipment
manufactured on or after the later of January 1, 2008, or the date
that is 180 days after the date of enactment of the Energy
Independence and Security Act of 2007--
(i) The minimum seasonal energy efficiency ratio of air-cooled
3-phase electric central air conditioners and central air-
conditioning heat pumps less than 65,000 Btu per hour (cooling
capacity), split systems, shall be 13.0;
(ii) the minimum seasonal energy efficiency ratio of air-cooled
3-phase electric central air conditioners and central air-
conditioning heat pumps less than 65,000 Btu per hour (cooling
capacity), single package, shall be 13.0;
(iii) the minimum heating seasonal performance factor of air-
cooled 3-phase electric central air-conditioning heat pumps less
than 65,000 Btu per hour (cooling capacity), split systems, shall be
7.7; and
(iv) the minimum heating seasonal performance factor of air-
cooled 3-phase electric central air-conditioning heat pumps less
than 65,000 Btu per hour (cooling capacity), single package, shall
be 7.7.'' (42 U.S.C. 6313(a)(7)(D))
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2. Three-Phase, Small-Duct, High-Velocity Air-Cooled Air Conditioners
and Heat Pumps
ASHRAE Standard 90.1-2007 identifies efficiency levels for three-
phase small-duct, high-velocity (SDHV) air-cooled air conditioners and
heat pumps, both single-package and split systems, with a cooling
capacity less than 65,000 Btu/h.\10\ The efficiency levels specified by
ASHRAE Standard 90.1-2007 include a seasonal energy efficiency ratio of
10.0 for cooling mode and a heating seasonal performance factor of 6.8
for equipment. ASHRAE aligned these efficiency levels and the
corresponding effective dates with the efficiency levels established in
EPCA for single-phase residential versions of the same products.
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\10\ ASHRAE Standard 90.1-2007 includes efficiency levels for
three-phase and single-phase SDHV air-cooled air conditioners and
heat pumps used in commercial buildings. ASHRAE Standard 90.1-2007
also includes a footnote to these provisions, which indicates that
the single-phase versions of this equipment are regulated as
residential products under 10 CFR 430.32(c)(2).
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Just as with three-phase, through-the-wall air-cooled air
conditioners and heat pumps, neither EPCA nor DOE has established a
specific definition for commercial ``three-phase SDHV air conditioners
and heat pumps.'' In its regulations, DOE defines a residential small-
duct, high-velocity (SDHV) air-cooled air conditioner or heat pump as
``a heating and cooling product that contains a blower and indoor coil
combination that: (1) Is designed for, and produces, at least 1.2
inches of external static pressure when operated at the certified air
volume rate of 220-350 CFM [cubic feet per minute] per rated ton of
cooling; and (2) When applied in the field, uses high velocity room
outlets generally greater than 1,000 fpm [feet per minute] which have
less than 6.0 square inches of free area.'' 10 CFR 430.2.
In terms of equipment construction, commercial and residential SDHV
air conditioners and heat pumps are believed to utilize the same
components in the same configurations to provide space cooling and
heating. DOE believes commercial versions of SDHV systems are
essentially the same as residential versions, except that they are
powered using three-phase electric power.
EPCA does not separate three-phase, SDHV air conditioners and heat
pumps from other types of small commercial package air-conditioning and
heating equipment in its definitions. Therefore, EPCA's definition of
``small commercial package air-conditioning and heating equipment''
would include three-phase SDHV air conditioners and heat pumps.
Although EPCA does not use the term ``three-phase SDHV air conditioners
and heat pumps,'' the three-phase versions of this equipment,
regardless of cooling capacity, fall within the definition of ``small
commercial package air-conditioning and heating equipment.'' (42 U.S.C.
6311(8)(A)-(B)) There is no language in EPCA to indicate that three-
phase SDHV air conditioners and heat pumps are a separate type of
covered equipment.
The Federal energy conservation standards for three-phase,
commercial package air conditioners and heat pumps less than 65,000
Btu/h were established by EISA 2007 for products manufactured on or
after June 19, 2008. Specifically, section 314(b)(4)(C) of EISA 2007
amended section 342(a) of EPCA (42 U.S.C. 6313(a)) by adding new
provisions for three-phase commercial package air conditioners with a
cooling capacity of less than 65,000 Btu/h. (42 U.S.C. 6313(a)(7)(D))
As mentioned previously, the provision in EISA 2007 mandates minimum
seasonal energy efficiency ratios for cooling mode and minimum heating
seasonal performance factors for heating mode of air-cooled, three-
phase electric central air conditioners and central air-conditioning
heat pumps with a cooling capacity of less than 65,000 Btu/h. (42
U.S.C. 6313(a)(7)(D)) Three-phase, SDHV air conditioners and heat pumps
are a smaller subset of three-phase commercial package air conditioners
with a cooling capacity of less than 65,000 Btu/h and were not
explicitly excluded from the standards in section 314(b)(4)(C) of EISA
2007. Because EISA 2007 set such standards, DOE must follow them, and
they are more stringent than the levels contained in ASHRAE Standard
90.1-2007 for those products.
Additionally, the residential versions of SDHV are subject to an
exception issued by the Office of Heating and Appeals (OHA). On October
14, 2004, OHA granted an exception to SpacePak and Unico, Inc.,
authorizing them to manufacture SDHV systems (as defined in 10 CFR
430.2) with a SEER of no less than 11.0 and an HSPF of 6.8. The
exception relief will remain in effect until the agency modifies the
general energy efficiency standard for central air conditioners and
establishes a different standard for SDHV systems that complies with
EPCA.\11\ However, this exception only applies to the residential,
single-phase SDHV systems and would, therefore, exclude three-phase
SDHV equipment.
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\11\ DOE's Office of Hearing and Appeals. Decision and Order:
Applications for Exception. October 14, 2004. https://
www.oha.doe.gov/cases/ee/tee0010.pdf.
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Thus, manufacturers of three-phase SDHV equipment must follow the
energy conservation standards in EISA 2007. Accordingly, DOE affirms
that the EISA 2007 efficiency levels for three-phase small commercial
package air-conditioning and heating equipment less than 65,000 Btu/h
apply to three-phase SDHV air-cooled air conditioners and heat pumps
with a cooling capacity
[[Page 40779]]
