Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Daikin AC (Americas), Inc. (Daikin) From the Department of Energy Residential Central Air Conditioner and Heat Pump Test Procedures, 34731-34733 [2010-14756]
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34731
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
Type
Sales Model
3D Ice and Water .........................................................................................................................
3D Ice and Water .........................................................................................................................
All .................................................................................................................................................
srobinson on DSKHWCL6B1PROD with NOTICES
APPENDIX B
As requested in this petition, LG
should be required to test the products
for which a waiver is requested
according to the test procedures for
electric refrigerator-freezers prescribed
by DOE at 10 CFR Part 430, Appendix
A1, except that, for the LG products: (A)
The following definition is added at the
end of Section 1:
1.13 ‘‘Variable anti-sweat heater
control’’ means an anti-sweat heater
where power supplied to the device is
determined by an operating condition
variable(s) and/or ambient condition
variable(s).
(B) Section 2.2 is revised to read as
follows:
2.2 Operational conditions. The
electric refrigerator or electric
refrigerator-freezer shall be installed and
its operating conditions maintained in
accordance with HRF–1–1979, section
7.2 through section 7.4.3.3. except that
the vertical ambient temperature
gradient at locations 10 inches (25.4 cm)
out from the centers of the two sides of
the unit being tested is to be maintained
during the test. Unless shields or baffles
obstruct the area, the gradient is to be
maintained from 2 inches (5.1 cm)
above the floor or supporting platform
to a height one foot (30.5 cm) above the
unit under test. Defrost controls are to
be operative. The anti-sweat heater
switch is to be ‘‘off’’ during one test and
‘‘on’’ during the second test. In the case
of an electric refrigerator-freezer
equipped with variable anti-sweat
heater control, the ‘‘on’’ test will be the
result of the calculation described in
6.2.3. Other exceptions are noted in 2.3,
2.4, and 5.1 below.
(C) New section 6.2.3 is inserted after
section 6.2.2.2.
6.2.3 Variable anti-sweat heater control
test. The energy consumption of an electric
refrigerator-freezer with a variable anti-sweat
heater control in the ‘‘on’’ position (E[on]),
expressed in kilowatt-hours per day, shall be
calculated equivalent to:
E[ON] = E + (Heater Contribution) [note:
called ‘‘correction factor’’ by General
Electric]
where E is determined by 6.2.1.1, 6.2.1.2,
6.2.2.1, or 6.2.2.2, whichever is appropriate,
with the anti-sweat heater switch in the ‘‘off’’
position.
Heater Contribution n1 = (Anti-sweat Heater
Power × System-loss Factor) × (24 hrs/1
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7840#
LFX23961**
795.#####.###
day) × (1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater
Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
v+ A10 * (Heater Watts at 95%RH)
where A1–A10 are from the following table:
A1
A2
A3
A4
A5
=
=
=
=
=
0.034
0.211
0.204
0.166
0.126
A6 = 0.119
A7 = 0.069
A8 = 0.047
A9 = 0.008
A10 = 0.015
Heater Watts at a specific relative humidity
= the nominal watts used by all heaters
at that specific relative humidity, 72
[degrees] F ambient, and DOE reference
temperatures of fresh food average
temperature of 45 [degrees] F and freezer
average temperature of 5 [degrees] F.
System-loss Factor = 1.3
[FR Doc. 2010–14758 Filed 6–17–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–024]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Daikin AC
(Americas), Inc. (Daikin) From the
Department of Energy Residential
Central Air Conditioner and Heat Pump
Test Procedures
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and order.
SUMMARY: This notice publishes the U.S.
Department of Energy’s (DOE) decision
and order in Case No. CAC–024. DOE
grants a waiver to Daikin from the
existing DOE test procedure applicable
to residential central air conditioners
and heat pumps. The waiver request is
specific to the Daikin Altherma air-towater heat pump with integrated
domestic water heating. The test method
for central air conditioners and heat
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Brand
Kenmore
LG
Kenmore
pumps contained in 10 CFR part 430,
subpart B, appendix M does not include
any provisions to account for the
operational characteristics of an air-towater heat pump, or any central airconditioning heat pump with an
integrated domestic hot water
component. As a condition of this
waiver, Daikin must test and rate its
Altherma heat pump products according
to the alternate test procedure set forth
in this notice.
DATES: This decision and order is
effective June 18, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, Mail Stop GC–71,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 287–6111. Email:
mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with 10 CFR 430.27(l), DOE
gives notice of the issuance of its
decision and order as set forth below. In
this decision and order, DOE grants
Daikin a waiver from the applicable
residential central air conditioner and
heat pump test procedures at 10 CFR
part 430, subpart B, appendix M. The
waiver applies to certain basic models
of the Daikin Altherma system, which
consists of an air-to-water heat pump
that provides hydronic heating and
cooling as well as domestic hot water
functions. Daikin must test and rate
such products using the alternate test
procedure described in this notice.
Further, today’s decision requires that
Daikin may not make any
representations concerning the energy
efficiency of these products unless such
product has been tested consistent with
the provisions and restrictions in the
alternate test procedure set forth in the
decision and order below, and such
representations fairly disclose the
results of such testing. (42 U.S.C.
6314(d)) Distributors, retailers, and
private labelers are held to the same
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
standard when making representations
regarding the energy efficiency of these
products. (42 U.S.C. 6293(c))
Issued in Washington, DC, on June 11,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Daikin AC
(Americas), Inc. (Daikin) (Case No.
CAC–024).
srobinson on DSKHWCL6B1PROD with NOTICES
Background
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency, including Part A of Title III,
which provides for the ‘‘Energy
Conservation Program for Consumer
Products Other Than Automobiles.’’ (42
U.S.C. 6291–6309) Part A of Title III
includes definitions, test procedures,
labeling provisions, energy conservation
standards for covered products, and the
authority to require information and
reports from manufacturers. Further,
EPCA authorizes the Secretary of Energy
to prescribe test procedures that are
reasonably designed to produce results
that measure energy efficiency, energy
use, or estimated annual operating costs,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
Today’s notice involves residential
central air conditioning and heat pump
products covered under Part A. The test
procedure for residential central air
conditioners and heat pumps is
contained in 10 CFR part 430, subpart
B, appendix M.
DOE’s regulations for covered
products allow a person to seek a waiver
for a particular basic model from the test
procedure requirements for covered
consumer products, when (1) the
petitioner’s basic model contains one or
more design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1). Petitioners must include in
their petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
representative of its energy
consumption characteristics. 10 CFR
430.27(b)(1)(iii). The Assistant Secretary
for Energy Efficiency and Renewable
Energy (the Assistant Secretary) may
grant a waiver subject to conditions,
including adherence to alternate test
procedures. 10 CFR 430.27(l). Waivers
VerDate Mar<15>2010
16:17 Jun 17, 2010
Jkt 220001
remain in effect pursuant to the
provisions of 10 CFR 430.27(m).
The waiver process also allows any
interested person who has submitted a
petition for waiver to file an application
for interim waiver of the applicable test
procedure requirements. 10 CFR
430.27(a)(2). The Assistant Secretary
will grant an interim waiver request if
it is determined that the applicant will
experience economic hardship if the
interim waiver is denied; if it appears
likely that the petition for waiver will be
granted; and/or the Assistant Secretary
determines that it would be desirable for
public policy reasons to grant
immediate relief pending a
determination on the petition for
waiver. 10 CFR 430.27(g).
On August 27, 2009, Daikin filed a
petition for waiver from the test
procedures at 10 CFR part 430, subpart
B, appendix M, which are applicable to
residential central air conditioners and
heat pumps, and an application for
interim waiver. The Daikin Altherma
system consists of an air-to-water heat
pump that provides hydronic space
heating and cooling as well as domestic
hot water functions. It operates either as
a split system with the compressor unit
outdoors and the hydronic components
in an indoors unit, or as a single
package configuration in which all
system components are combined in a
single outdoor unit. In both the single
package and the split system
configurations, the system can include a
domestic hot water supply tank that is
located indoors. On December 15, 2009,
DOE granted Daikin an interim waiver
and published Daikin’s petition for
waiver. 74 FR 66319. DOE received one
comment on the Daikin petition;
discussion of and DOE’s response to this
comment are set forth below.
Assertions and Determinations
Daikin’s Petition for Waiver
The test method for central air
conditioners and heat pumps contained
in 10 CFR subpart B, appendix M does
not include any provisions to account
for the operational characteristics of an
air-to-water heat pump, or a central airconditioning heat pump with an
integrated domestic hot water
component. The applicable DOE test
method does not account for the Daikin
Altherma system’s energy performance
because the test method does not
accurately evaluate the integrated
domestic hot water and space
conditioning performance, nor does it
have any provisions for air-to-water heat
pumps. Daikin has proposed using the
European standards that are used for
testing and rating the Altherma products
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Frm 00050
Fmt 4703
Sfmt 4703
in Europe. These standards use an
energy efficiency ratio (EER) to measure
the full load performance of the cooling
subsystem; a coefficient of performance
(COP) to measure the full load
performance of the heating subsystem;
and a Seasonal Performance Factor
(SPF) to measure the seasonal
performance of the combined heating
and hot water subsystems. Daikin did
not petition to include the performance
of the combined cooling and hot water
functions in the waiver, nor the standalone water heater performance.
The rating parameters EER and COP,
although not well-known to the average
consumer, are the steady-state efficiency
parameters of the DOE test procedure in
Appendix M, and are well-known to the
domestic HVAC industry. This is not
true of the combined performance
parameter SPF, defined in European test
standard 15316–4–2, ‘‘Heating systems
in buildings—Method for calculation of
system energy requirements and system
efficiencies—Part 4–2: Space heating
generation systems, heat pump
systems,’’ and referenced by Daikin in
its petition. SPF is entirely unknown in
the U.S., and would be of no value to
the U.S. consumer in making
purchasing decisions. What would be of
value to the consumer is a
representation of the Altherma’s
operating cost. Daikin did not include a
discussion of operating cost in its
petition for waiver. The European test
standard 15316–4–2 does include a
methodology for calculating operating
cost. However, the methodology
includes input parameters, such as
meteorological data, design
temperatures, and many others that
would need to be specified in order to
calculate the Altherma’s operating cost,
and all of these parameters would need
to be specified by Daikin and approved
by DOE before DOE could allow Daikin
to represent the Altherma’s operating
cost.
There are no domestic test procedures
for testing air-to-water heat pumps for
space conditioning only, or for
integrated space-conditioning and water
heater performance. DOE has previously
granted waivers to Carrier (55 FR 13607
(April 11, 1990)) and Nordyne (61 FR
11395 (March 20, 1996)) for comparable
heat pumps with integrated domestic
water heating, but those products were
air-to-air, not air-to-water, heat pumps.
Daikin did not discuss testing or rating
the Altherma products as a water heater
only; however, we note that in mild
weather, when no space heating or
cooling is demanded, the Altherma will
function as a heat pump water heater.
One comment on Daikin’s petition
was received from Carrier Corporation
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
(Carrier). Carrier asserted that the
Altherma should be rated for heating
seasonal performance factor (HSPF) and
seasonal energy efficiency ratio (SEER),
but acknowledged that neither rating
could be produced using existing DOE
test procedures. Carrier commented that
the test procedures should be revised to
allow such ratings. However, the
purpose of waivers is to address
situations in which test procedures do
not allow testing and rating until such
time as the procedures are revised.
Carrier commented that the Altherma
should be tested and rated as a water
heater with the DOE water heater test
procedure. However, Carrier apparently
misunderstands the Altherma DHW
operation, as it claims the Altherma
would function as an electric resistance
water heater. Carrier also urged the use
of ASHRAE 124–2007, ‘‘Methods of
Testing for Rating Combination SpaceHeating and Water-Heating Appliances,’’
for rating the Altherma as a combined
central air-conditioning heat pump and
water heater. However, that test
procedure does not apply to air-to-water
heat pumps and is not incorporated into
any DOE test procedure. Carrier
commented that the rating tolerances in
the relevant European test procedures
are different from DOE’s tolerances, and
that DOE’s tolerances should apply.
DOE concurs with that comment.
As mentioned above, the Altherma
can function as a stand-alone water
heater, and will function as such in
mild weather when no heating or
cooling is demanded. Daikin’s petition
did not discuss the Altherma’s
performance as a stand-alone water
heater, nor how it would be tested and
rated in that mode. If Daikin wants to
characterize the Altherma’s performance
as a stand-alone water heater, Daikin
must test and rate it according to the
DOE test procedure in 10 CFR part 430,
subpart B, appendix E, or petition for a
waiver if the Altherma cannot be so
tested.
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Daikin Petition for Waiver. The FTC
staff did not have any objections to
issuing a waiver to Daikin.
Conclusion
After careful consideration of all the
materials submitted by Daikin, the
comment submitted by Carrier, and
consultation with the FTC staff, it is
ordered that:
(1) Daikin shall not be required to test
or rate its Altherma heat pump products
on the basis of the currently applicable
test procedure under 10 CFR part 430
subpart B, appendix M.
(2) Daikin shall be required to test and
rate its Altherma heat pump products
according to the alternate test procedure
as set forth in paragraph (3) below:
Type
Description
U.S. model name
Split Altherma ..................
OD Unit (Split, 3-Ton or 11kW) .............................
OD Unit (Split, 4-Ton or 14kW) .............................
OD Unit (Split, 4.5-Ton or 16kW) ..........................
OD Unit (Heat Only, 3-Ton or 11kW) ...................
OD Unit (Heat Only, 4-Ton or 14kW) ...................
OD Unit (Heat Only, 4.5-Ton or 16kW) ................
OD Unit (Heat Pump, 3-Ton or 11kW) .................
OD Unit (Heat Pump, 4-Ton or 14kW) .................
OD Unit (Heat Pump, 4.5-Ton or 16kW) ..............
HB (Heating Only, BUH 3kW) ...............................
HB (Heating Only, BUH 6kW) ...............................
HB (Heat Pump, BUH 3kW) ..................................
HB (Heat Pump, BUH 6kW) ..................................
Hot Water Tank (50 Gallon or 200L) ....................
Hot Water Tank (80 Gallon or 300L) ....................
Digital I/O PCB ......................................................
Solar Pump Kit ......................................................
Wired Room Thermostat .......................................
Condensate Kit ......................................................
ERLQ036BAVJU .......................
ERLQ048BAVJU .......................
ERLQ054BAVJU .......................
EDLQ036BA6VJU .....................
EDLQ048BA6VJU .....................
EDLQ054BA6VJU .....................
EBLQ036BA6VJU .....................
EBLQ048BA6VJU .....................
EBLQ054BA6VJU .....................
EKHBH054BA3VJU ...................
EKHBH054BA6VJU ...................
EKHBX054BA3VJU ...................
EKHBX054BA6VJU ...................
EKHWS050BA3VJU ..................
EKHWS080BA3VJU ..................
EKRP1HBAAU ..........................
EKSOLHWBAVJU .....................
EKRTWA ...................................
EKHBDP ....................................
Monobloc Altherma ..........
Hydrobox ..........................
DHW ................................
srobinson on DSKHWCL6B1PROD with NOTICES
Options .............................
(3) Alternate Test Procedure
Daikin shall be required to test the
basic models of Altherma products that
are explicitly listed above according to:
a. Full Load Performance and
Efficiency—The Daikin Altherma shall
be tested and rated according to
European Standard EN 14511, ‘‘Air
conditioners, liquid chilling packages
and heat pumps with electrically driven
compressors for space heating and
cooling,’’ except that the test operating
and test condition tolerances in Tables
7, 13 and 15 of the DOE test procedure
in 10 CFR part 430, subpart B,
Appendix M shall apply. Daikin shall
rate the Altherma full load heating and
cooling performance (not including the
DHW contribution) using coefficient of
performance (COP) and energy
efficiency ratio (EER).
VerDate Mar<15>2010
16:17 Jun 17, 2010
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b. The European Standard EN 14511
applies only to testing for COP and EER
and does not supersede any DOE
requirements in 10 CFR 430.24.
(4) Representations. Daikin may make
representations about the energy use of
its Altherma heat pump products for
compliance, marketing, or other
purposes only to the extent that such
products have been tested in accordance
with the provisions outlined above, and
such representations fairly disclose the
results of such testing. Daikin may not
make representations of annual
operating cost, or any parameters other
than COP and EER for the Altherma’s
space heating and space cooling
functions, respectively.
(5) This waiver shall remain in effect
from the date this order is issued,
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Sfmt 9990
34733
E.U. equivalent model name
ERLQ011BAV3
ERLQ014BAV3
ERLQ016BAV3
EDLQ011BA6V3
EDLQ014BA6V3
EDLQ016BA6V3
EBLQ011BA6V3
EBLQ014BA6V3
EBLQ016BA6V3
EKHBH016BA3V3
EKHBH016BA6V3
EKHBX016BA3V3
EKHBX016BA6V3
EKHWS200B3V3
EKHWS300B3V3
EKRP1HBAA
EKSOLHAV1
EKRTWA
EKHBDP
consistent with the provisions of 10 CFR
430.27(m).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic model’s
true energy consumption characteristics.
Issued in Washington, DC, on June 11,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2010–14756 Filed 6–17–10; 8:45 am]
BILLING CODE 6450–01–P
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]]>Agencies
[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34731-34733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14756]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-024]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Daikin AC (Americas), Inc. (Daikin) From the
Department of Energy Residential Central Air Conditioner and Heat Pump
Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the U.S. Department of Energy's (DOE)
decision and order in Case No. CAC-024. DOE grants a waiver to Daikin
from the existing DOE test procedure applicable to residential central
air conditioners and heat pumps. The waiver request is specific to the
Daikin Altherma air-to-water heat pump with integrated domestic water
heating. The test method for central air conditioners and heat pumps
contained in 10 CFR part 430, subpart B, appendix M does not include
any provisions to account for the operational characteristics of an
air-to-water heat pump, or any central air-conditioning heat pump with
an integrated domestic hot water component. As a condition of this
waiver, Daikin must test and rate its Altherma heat pump products
according to the alternate test procedure set forth in this notice.
DATES: This decision and order is effective June 18, 2010.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mailstop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202) 586-9611. E-mail: Michael.Raymond@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 287-6111. E-
mail: mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE
gives notice of the issuance of its decision and order as set forth
below. In this decision and order, DOE grants Daikin a waiver from the
applicable residential central air conditioner and heat pump test
procedures at 10 CFR part 430, subpart B, appendix M. The waiver
applies to certain basic models of the Daikin Altherma system, which
consists of an air-to-water heat pump that provides hydronic heating
and cooling as well as domestic hot water functions. Daikin must test
and rate such products using the alternate test procedure described in
this notice. Further, today's decision requires that Daikin may not
make any representations concerning the energy efficiency of these
products unless such product has been tested consistent with the
provisions and restrictions in the alternate test procedure set forth
in the decision and order below, and such representations fairly
disclose the results of such testing. (42 U.S.C. 6314(d)) Distributors,
retailers, and private labelers are held to the same
[[Page 34732]]
standard when making representations regarding the energy efficiency of
these products. (42 U.S.C. 6293(c))
Issued in Washington, DC, on June 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Daikin AC (Americas), Inc. (Daikin) (Case No.
CAC-024).
Background
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency, including
Part A of Title III, which provides for the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C.
6291-6309) Part A of Title III includes definitions, test procedures,
labeling provisions, energy conservation standards for covered
products, and the authority to require information and reports from
manufacturers. Further, EPCA authorizes the Secretary of Energy to
prescribe test procedures that are reasonably designed to produce
results that measure energy efficiency, energy use, or estimated annual
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
Today's notice involves residential central air conditioning and
heat pump products covered under Part A. The test procedure for
residential central air conditioners and heat pumps is contained in 10
CFR part 430, subpart B, appendix M.
DOE's regulations for covered products allow a person to seek a
waiver for a particular basic model from the test procedure
requirements for covered consumer products, when (1) the petitioner's
basic model contains one or more design characteristics that prevent
testing according to the prescribed test procedure, or (2) when
prescribed test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
Petitioners must include in their petition any alternate test
procedures known to the petitioner to evaluate the basic model in a
manner representative of its energy consumption characteristics. 10 CFR
430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and
Renewable Energy (the Assistant Secretary) may grant a waiver subject
to conditions, including adherence to alternate test procedures. 10 CFR
430.27(l). Waivers remain in effect pursuant to the provisions of 10
CFR 430.27(m).
The waiver process also allows any interested person who has
submitted a petition for waiver to file an application for interim
waiver of the applicable test procedure requirements. 10 CFR
430.27(a)(2). The Assistant Secretary will grant an interim waiver
request if it is determined that the applicant will experience economic
hardship if the interim waiver is denied; if it appears likely that the
petition for waiver will be granted; and/or the Assistant Secretary
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination on the petition for
waiver. 10 CFR 430.27(g).
On August 27, 2009, Daikin filed a petition for waiver from the
test procedures at 10 CFR part 430, subpart B, appendix M, which are
applicable to residential central air conditioners and heat pumps, and
an application for interim waiver. The Daikin Altherma system consists
of an air-to-water heat pump that provides hydronic space heating and
cooling as well as domestic hot water functions. It operates either as
a split system with the compressor unit outdoors and the hydronic
components in an indoors unit, or as a single package configuration in
which all system components are combined in a single outdoor unit. In
both the single package and the split system configurations, the system
can include a domestic hot water supply tank that is located indoors.
On December 15, 2009, DOE granted Daikin an interim waiver and
published Daikin's petition for waiver. 74 FR 66319. DOE received one
comment on the Daikin petition; discussion of and DOE's response to
this comment are set forth below.
Assertions and Determinations
Daikin's Petition for Waiver
The test method for central air conditioners and heat pumps
contained in 10 CFR subpart B, appendix M does not include any
provisions to account for the operational characteristics of an air-to-
water heat pump, or a central air-conditioning heat pump with an
integrated domestic hot water component. The applicable DOE test method
does not account for the Daikin Altherma system's energy performance
because the test method does not accurately evaluate the integrated
domestic hot water and space conditioning performance, nor does it have
any provisions for air-to-water heat pumps. Daikin has proposed using
the European standards that are used for testing and rating the
Altherma products in Europe. These standards use an energy efficiency
ratio (EER) to measure the full load performance of the cooling
subsystem; a coefficient of performance (COP) to measure the full load
performance of the heating subsystem; and a Seasonal Performance Factor
(SPF) to measure the seasonal performance of the combined heating and
hot water subsystems. Daikin did not petition to include the
performance of the combined cooling and hot water functions in the
waiver, nor the stand-alone water heater performance.
The rating parameters EER and COP, although not well-known to the
average consumer, are the steady-state efficiency parameters of the DOE
test procedure in Appendix M, and are well-known to the domestic HVAC
industry. This is not true of the combined performance parameter SPF,
defined in European test standard 15316-4-2, ``Heating systems in
buildings--Method for calculation of system energy requirements and
system efficiencies--Part 4-2: Space heating generation systems, heat
pump systems,'' and referenced by Daikin in its petition. SPF is
entirely unknown in the U.S., and would be of no value to the U.S.
consumer in making purchasing decisions. What would be of value to the
consumer is a representation of the Altherma's operating cost. Daikin
did not include a discussion of operating cost in its petition for
waiver. The European test standard 15316-4-2 does include a methodology
for calculating operating cost. However, the methodology includes input
parameters, such as meteorological data, design temperatures, and many
others that would need to be specified in order to calculate the
Altherma's operating cost, and all of these parameters would need to be
specified by Daikin and approved by DOE before DOE could allow Daikin
to represent the Altherma's operating cost.
There are no domestic test procedures for testing air-to-water heat
pumps for space conditioning only, or for integrated space-conditioning
and water heater performance. DOE has previously granted waivers to
Carrier (55 FR 13607 (April 11, 1990)) and Nordyne (61 FR 11395 (March
20, 1996)) for comparable heat pumps with integrated domestic water
heating, but those products were air-to-air, not air-to-water, heat
pumps. Daikin did not discuss testing or rating the Altherma products
as a water heater only; however, we note that in mild weather, when no
space heating or cooling is demanded, the Altherma will function as a
heat pump water heater.
One comment on Daikin's petition was received from Carrier
Corporation
[[Page 34733]]
(Carrier). Carrier asserted that the Altherma should be rated for
heating seasonal performance factor (HSPF) and seasonal energy
efficiency ratio (SEER), but acknowledged that neither rating could be
produced using existing DOE test procedures. Carrier commented that the
test procedures should be revised to allow such ratings. However, the
purpose of waivers is to address situations in which test procedures do
not allow testing and rating until such time as the procedures are
revised. Carrier commented that the Altherma should be tested and rated
as a water heater with the DOE water heater test procedure. However,
Carrier apparently misunderstands the Altherma DHW operation, as it
claims the Altherma would function as an electric resistance water
heater. Carrier also urged the use of ASHRAE 124-2007, ``Methods of
Testing for Rating Combination Space-Heating and Water-Heating
Appliances,'' for rating the Altherma as a combined central air-
conditioning heat pump and water heater. However, that test procedure
does not apply to air-to-water heat pumps and is not incorporated into
any DOE test procedure. Carrier commented that the rating tolerances in
the relevant European test procedures are different from DOE's
tolerances, and that DOE's tolerances should apply. DOE concurs with
that comment.
As mentioned above, the Altherma can function as a stand-alone
water heater, and will function as such in mild weather when no heating
or cooling is demanded. Daikin's petition did not discuss the
Altherma's performance as a stand-alone water heater, nor how it would
be tested and rated in that mode. If Daikin wants to characterize the
Altherma's performance as a stand-alone water heater, Daikin must test
and rate it according to the DOE test procedure in 10 CFR part 430,
subpart B, appendix E, or petition for a waiver if the Altherma cannot
be so tested.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Daikin Petition for Waiver. The FTC staff did not have
any objections to issuing a waiver to Daikin.
Conclusion
After careful consideration of all the materials submitted by
Daikin, the comment submitted by Carrier, and consultation with the FTC
staff, it is ordered that:
(1) Daikin shall not be required to test or rate its Altherma heat
pump products on the basis of the currently applicable test procedure
under 10 CFR part 430 subpart B, appendix M.
(2) Daikin shall be required to test and rate its Altherma heat
pump products according to the alternate test procedure as set forth in
paragraph (3) below:
----------------------------------------------------------------------------------------------------------------
E.U. equivalent model
Type Description U.S. model name name
----------------------------------------------------------------------------------------------------------------
Split Altherma..................... OD Unit (Split, 3-Ton or ERLQ036BAVJU.......... ERLQ011BAV3
11kW).
OD Unit (Split, 4-Ton or ERLQ048BAVJU.......... ERLQ014BAV3
14kW).
OD Unit (Split, 4.5-Ton or ERLQ054BAVJU.......... ERLQ016BAV3
16kW).
Monobloc Altherma.................. OD Unit (Heat Only, 3-Ton EDLQ036BA6VJU......... EDLQ011BA6V3
or 11kW).
OD Unit (Heat Only, 4-Ton EDLQ048BA6VJU......... EDLQ014BA6V3
or 14kW).
OD Unit (Heat Only, 4.5-Ton EDLQ054BA6VJU......... EDLQ016BA6V3
or 16kW).
OD Unit (Heat Pump, 3-Ton EBLQ036BA6VJU......... EBLQ011BA6V3
or 11kW).
OD Unit (Heat Pump, 4-Ton EBLQ048BA6VJU......... EBLQ014BA6V3
or 14kW).
OD Unit (Heat Pump, 4.5-Ton EBLQ054BA6VJU......... EBLQ016BA6V3
or 16kW).
Hydrobox........................... HB (Heating Only, BUH 3kW). EKHBH054BA3VJU........ EKHBH016BA3V3
HB (Heating Only, BUH 6kW). EKHBH054BA6VJU........ EKHBH016BA6V3
HB (Heat Pump, BUH 3kW).... EKHBX054BA3VJU........ EKHBX016BA3V3
HB (Heat Pump, BUH 6kW).... EKHBX054BA6VJU........ EKHBX016BA6V3
DHW................................ Hot Water Tank (50 Gallon EKHWS050BA3VJU........ EKHWS200B3V3
or 200L).
Hot Water Tank (80 Gallon EKHWS080BA3VJU........ EKHWS300B3V3
or 300L).
Options............................ Digital I/O PCB............ EKRP1HBAAU............ EKRP1HBAA
Solar Pump Kit............. EKSOLHWBAVJU.......... EKSOLHAV1
Wired Room Thermostat...... EKRTWA................ EKRTWA
Condensate Kit............. EKHBDP................ EKHBDP
----------------------------------------------------------------------------------------------------------------
(3) Alternate Test Procedure
Daikin shall be required to test the basic models of Altherma
products that are explicitly listed above according to:
a. Full Load Performance and Efficiency--The Daikin Altherma shall
be tested and rated according to European Standard EN 14511, ``Air
conditioners, liquid chilling packages and heat pumps with electrically
driven compressors for space heating and cooling,'' except that the
test operating and test condition tolerances in Tables 7, 13 and 15 of
the DOE test procedure in 10 CFR part 430, subpart B, Appendix M shall
apply. Daikin shall rate the Altherma full load heating and cooling
performance (not including the DHW contribution) using coefficient of
performance (COP) and energy efficiency ratio (EER).
b. The European Standard EN 14511 applies only to testing for COP
and EER and does not supersede any DOE requirements in 10 CFR 430.24.
(4) Representations. Daikin may make representations about the
energy use of its Altherma heat pump products for compliance,
marketing, or other purposes only to the extent that such products have
been tested in accordance with the provisions outlined above, and such
representations fairly disclose the results of such testing. Daikin may
not make representations of annual operating cost, or any parameters
other than COP and EER for the Altherma's space heating and space
cooling functions, respectively.
(5) This waiver shall remain in effect from the date this order is
issued, consistent with the provisions of 10 CFR 430.27(m).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic model's true energy consumption
characteristics.
Issued in Washington, DC, on June 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-14756 Filed 6-17-10; 8:45 am]
BILLING CODE 6450-01-P
