Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Commercial Heating, Air-Conditioning, and Water-Heating Equipment, 25622-25648 [2011-10877]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Proposed Rules]
[Pages 25622-25648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10877]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2011-BT-STD-0029]
RIN 1904-AC47


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.

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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 by the industry, 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 90.1-2010) on October 29, 2010, thereby triggering DOE's 
related obligations under EPCA. In addition, the Energy Independence 
and Security Act of 2007 (EISA 2007) amended EPCA to require DOE to 
review the most recently published ASHRAE/IES Standard 90.1 with 
respect to single-package vertical air conditioners and single-package 
vertical heat pumps in accordance with the procedures established for 
reviewing the energy conservation standards for other

[[Page 25623]]

ASHRAE products. 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, including single-package vertical air 
conditioners and single-package vertical heat pumps. The energy savings 
potentials are based upon either the efficiency levels specified in the 
amended industry standard (i.e., ASHRAE Standard 90.1-2010) 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: Announce the 
results and preliminary conclusions of DOE's analysis of potential 
energy savings associated with amended standards for this equipment, 
and 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 June 6, 2011. 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-2011-BT-STD-0029 and/or 
Regulatory Information Number (RIN) 1904-AC47. Comments may be 
submitted using any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: ASHRAE90.1-2011-STD-0029@ee.doe.gov. Include the Docket 
Number EERE-2011-BT-STD-0029 and/or RIN number 1904-AC47 in the subject 
line of the message.
    3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section IV of this document (Public 
Participation).
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket web page can be found at: www.regulations.gov. 
The www.regulations.gov web page contains a link to the docket for this 
notice, along with simple instructions on how to access all documents, 
including public comments, in the docket. See section IV.A for further 
information on how to submit comments through www.regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

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.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, Mailstop GC-71, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov.
    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, 
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
    1. ASHRAE Standard 90.1-2010
    2. ASHRAE Standard 90.1 Proposed Addenda
    D. Summary of DOE's Preliminary Assessment of Equipment for 
Energy-Savings Analysis
II. Discussion of Changes in ASHRAE Standard 90.1-2010
    A. Commercial Warm-Air Furnaces
    B. Commercial Package Air-Conditioning and Heating Equipment
    1. Water-Cooled Equipment
    2. Evaporatively-Cooled Equipment
    3. Variable Refrigerant Flow Equipment
    4. Packaged Terminal Air Conditioners and Heat Pumps
    5. Small-Duct, High-Velocity, and Through-The-Wall Equipment
    6. Single-Package Vertical Air Conditioners and Single-Package 
Vertical Heat Pumps
    C. Air Conditioners and Condensing Units Serving Computer Rooms
    D. Test Procedures
    1. Updates to AHRI 210/240 Test Method
    2. Updates to AHRI 340/360 Test Method
    3. Updates to UL 727 Test Method
    4. Updates to ANSI Z21.47 Test Method
    5. Updates to ANSI Z21.10.3 Test Method
III. Analysis of Potential Energy Savings
    A. Annual Energy Use
    1. Water-Cooled Air Conditioners
    2. Evaporatively-Cooled Air Conditioners
    3. Single-Package Vertical Air Conditioners and Heat Pumps
    B. Shipments
    C. Other Analytical Inputs
    1. Site-to-Source Conversion
    2. Product Lifetime
    3. Compliance Date and Analysis Period
    D. Estimates of Potential Energy Savings
IV. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
V. Approval of the Office of the Secretary

I. Introduction

A. Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6311-6317, as 
codified), added by Public Law 95-619, Title IV, Sec.  441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment, which includes the commercial heating, air-conditioning, and 
water-heating equipment that is the subject of this rulemaking.\2\ In 
general, this program addresses the energy efficiency of certain types 
of commercial and industrial equipment. Relevant provisions of the Act 
specifically include 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

[[Page 25624]]

and reports from manufacturers (42 U.S.C. 6316).
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Independence and Security Act of 2007, 
Public Law 110-140.
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    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, instantaneous 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). EISA 2007 further amended EPCA by adding 
definitions and setting minimum standards for single-package vertical 
air conditioners (SPVACs) and single-package vertical heat pumps 
(SPVHPs). (42 U.S.C. 6313(a)(10)(A)) The standards for SPVACs and 
SPVHPs established by EISA 2007 corresponded to the levels contained in 
ASHRAE Standard 90.1-2004, which originated as addendum ``d'' to 
Standard 90.1-2001.
    In acknowledgement of technological changes that yield energy 
efficiency benefits, Congress 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,\3\ 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))
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    \3\ 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. 
at 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). DOE subsequently reiterated this position in a final 
rule published in the Federal Register on July 22, 2009. 74 FR 
36312, 36313.
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    Additionally, EISA 2007 amended EPCA to require that DOE review the 
most recently published ASHRAE/IES Standard 90.1 with respect to 
single-package vertical air conditioners and single-package vertical 
heat pumps in accordance with the procedures established for ASHRAE 
products under paragraph 42 U.S.C. 6313(a)(6). (42 U.S.C. 
6313(a)(10)(B)) However, DOE believes that this requirement is separate 
and independent from the requirement described in the paragraph above 
for all ASHRAE products and that it requires DOE to evaluate potential 
standards higher than the ASHRAE Standard 90.1-2010 level for single-
package vertical air conditioners and heat pumps, even if the 
efficiency levels for SPVACs and SPVHPs have not changed since the last 
version of ASHRAE Standard 90.1.
    As a preliminary step in the process of reviewing the changes to 
ASHRAE Standard 90.1, 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). (42 U.S.C. 6313(a)(6)(A))
    On October 29, 2010, ASHRAE officially released for distribution 
and made public ASHRAE Standard 90.1-2010.\4\ 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). This NODA also addresses DOE's obligations under 42 
U.S.C. 6313(a)(10)(B) to consider the most recently published ASHRAE/
IES Standard 90.1 with respect to single-package vertical air 
conditioners and single-package vertical heat pumps in accordance with 
the procedures established for ASHRAE products under paragraph 42 
U.S.C. 6313(a)(6).
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    \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 sometime be 
referred to more formally as ANSI/ASHRAE/IESNA Standard 90.1-2010. 
See https://www.ashrae.org for more information.
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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. This NODA 
also addresses the requirements to consider amended energy conservation 
standards for SPVACs and SPVHPs under 42 U.S.C. 6313(a)(10)(B). 
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 amended efficiency levels contained within ASHRAE Standard 
90.1-2010,\5\ 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.
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    \5\ For SPVACs and SPVHPs, ASHRAE Standard 90.1-2010 did not 
change the efficiency levels from the Federal standards, so DOE did 
not review ASHRAE Standard 90.1 levels for those equipment classes 
for that purpose, and only estimated potential energy savings for 
more stringent efficiency levels.
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    DOE is not required by EPCA to review additional changes in ASHRAE 
Standard 90.1-2010 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 (with the exception of SPVACs and SPVHPs, for which EPCA 
requires DOE to review standard levels regardless of whether there was 
a change to ASHRAE Standard 90.1). However, for certain

[[Page 25625]]

equipment classes of ASHRAE covered equipment, DOE found that while 
ASHRAE had made changes in ASHRAE Standard 90.1-2010, it was not 
immediately clear that the revisions to Standard 90.1 would increase 
the efficiency requirement in that Standard as compared to the existing 
Federal energy conservation standards. For example, for commercial 
warm-air furnaces, ASHRAE Standard 90.1-2010 changes the efficiency 
metric to thermal efficiency from combustion efficiency, which was the 
metric used in the previous version of ASHRAE Standard 90.1 (i.e., 
ASHRAE Standard 90.1-2007). However, as discussed in section II.A of 
this NODA, the change does not result in an increase to the required 
efficiency, so DOE did not perform additional analysis for that 
equipment. Therefore, DOE carefully examined the changes for such 
products in ASHRAE Standard 90.1 in order to thoroughly evaluate the 
amendments in ASHRAE 90.1-2010, thereby permitting DOE to determine 
what action, if any, is required under its statutory mandate.
    Section II of this notice contains a discussion of DOE's evaluation 
of each ASHRAE equipment type for which energy conservation standards 
have been set pursuant to EPCA (``covered equipment''), in order for 
DOE to determine whether the amendments in ASHRAE Standard 90.1-2010 
have resulted in increased efficiency levels. For covered equipment 
types determined to have increased efficiency levels in ASHRAE Standard 
90.1-2010, DOE subjected that equipment to further analysis as 
discussed in section III of this NODA.
    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) and 
6313(a)(10)(B). After review of the public comments on this NODA, if 
DOE determines that the amended efficiency levels in ASHRAE Standard 
90.1-2010 have the potential for additional energy savings for types of 
equipment currently covered by uniform national standards, DOE will 
commence a rulemaking to consider amended standards, based upon either 
the efficiency levels in ASHRAE Standard 90.1-2010 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 \6\ (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 \7\ (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.\8\ (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(4)).
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    \6\ 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.
    \7\ 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)).
    \8\ The Secretary may not prescribe an amended standard if 
interested persons have established by a preponderance of evidence 
that the amended standard would likely result in unavailability in 
the U.S. of any covered product type or class of performance 
characteristics, such as reliability, features, capacities, sizes, 
and volumes that are substantially similar to those generally 
available in the U.S. 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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C. Background

1. ASHRAE Standard 90.1-2010
    As noted above, ASHRAE released a new version of ASHRAE Standard 
90.1 on October 29, 2010. The ASHRAE standard addresses efficiency 
levels for many types of commercial heating, ventilating, air-
conditioning (HVAC), and water-heating equipment covered by EPCA. 
ASHRAE Standard 90.1-2010 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 90.1-2007).
    Table I.1 below shows the equipment classes (and corresponding 
efficiency levels) where ASHRAE Standard 90.1-2010 efficiency levels 
differed from the previous version of ASHRAE Standard 90.1 (i.e., 
ASHRAE Standard 90.1-2007), as well as the requirements for SPVAC and 
SPVHP equipment (which were unchanged in ASHRAE Standard 90.1-2010 but 
which nonetheless must be addressed in this rulemaking for the reasons 
discussed above). Table I.1 also displays the existing Federal energy 
conservation standards and the corresponding standard levels in the 
latest version of ASHRAE Standard 90.1 for those equipment classes. 
Section II of this document assesses each of these equipment types to 
determine whether the amendments in ASHRAE Standard 90.1-2010 
constitute increased energy efficiency levels, as would necessitate 
further analysis of the potential energy savings from amended Federal 
energy conservation standards, the conclusions of which are presented 
in the final column of Table I.1.

[[Page 25626]]



 Table I.1--Federal Energy Conservation Standards and Energy Efficiency Levels in ASHRAE Standard 90.1-2010 for
                                    Specific Types of Commercial Equipment *
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                                  Energy efficiency    Energy efficiency    Federal energy      Energy-savings
   ASHRAE equipment class **       levels in ASHRAE    levels in ASHRAE      conservation     potential analysis
                                  standard 90.1-2007  standard 90.1-2010       standards           required?
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                                          Commercial Warm-Air Furnaces
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Gas-Fired Commercial Warm-Air    Ec = 80%             Et = 80%            Et = 80%..........  No. See section
 furnace.                         Interrupted or       Interrupted or                          II.A.
                                  intermittent         intermittent
                                  ignition device,     ignition device,
                                  jacket losses not    jacket losses not
                                  exceeding 0.75% of   exceeding 0.75%
                                  input rating,        of input rating,
                                  power vent or flue   power vent or
                                  damper ***.          flue damper ***.
----------------------------------------------------------------------------------------------------------------
                     Commercial Package Air-Conditioning and Heating Equipment--Water-Cooled
----------------------------------------------------------------------------------------------------------------
Water-cooled Air Conditioner,    11.5 EER...........  12.1 EER (as of 6/  11.5 EER..........  Yes. See section
 >=65,000 and <135,000 Btu/h,                          1/11).                                  II.B.1.
 Electric Resistance Heating or
 No Heating.
Water-cooled Air Conditioner,    11.3 EER...........  11.9 EER (as of 6/  11.3 EER..........  Yes. See section
 >=65,000 and <135,000 Btu/h,                          1/11).                                  II.B.1.
 All Other Heating.
Water-cooled Air Conditioner,    11.0 EER...........  12.5 EER (as of 6/  11.0 EER..........  Yes. See section
 >=135,000 and <240,000 Btu/h,                         1/11).                                  II.B.1.
 Electric Resistance Heating or
 No Heating.
Water-cooled Air Conditioner,    10.8 EER...........  12.3 EER (as of 6/  11.0 EER..........  Yes. See section
 >=135,000 and <240,000 Btu/h,                         1/11).                                  II.B.1.
 All Other Heating.
Water-cooled Air Conditioner,    11.0 EER...........  12.4 EER (as of 6/  11.0 EER..........  Yes. See section
 >=240,000 Btu/h, Electric                             1/11).                                  II.B.1.
 Resistance Heating or No
 Heating.
Water-cooled Air Conditioner,    10.8 EER...........  12.2 EER (as of 6/  10.8 EER..........  Yes. See section
 >=240,000 Btu/h, All Other                            1/11).                                  II.B.1.
 Heating.
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                 Commercial Package Air-Conditioning and Heating Equipment--Evaporatively-Cooled
----------------------------------------------------------------------------------------------------------------
Evaporatively-cooled Air         11.5 EER...........  12.1 EER (as of 6/  11.5 EER..........  Yes. See section
 Conditioner, >=65,000 and                             1/11).                                  II.B.2.
 <135,000 Btu/h, Electric
 Resistance Heating or No
 Heating.
Evaporatively-cooled Air         11.3 EER...........  11.9 EER (as of 6/  11.3 EER..........  Yes. See section
 Conditioner, >=65,000 and                             1/11).                                  II.B.2.
 <135,000 Btu/h, All Other
 Heating.
Evaporatively-cooled Air         11.0 EER...........  12.0 EER (as of 6/  11.0 EER..........  Yes. See section
 Conditioner, >=135,000 and                            1/11).                                  II.B.2.
 <240,000 Btu/h, Electric
 Resistance Heating or No
 Heating.
Evaporatively-cooled Air         10.8 EER...........  11.8 EER (as of 6/  11.0 EER..........  Yes. See section
 Conditioner, >=135,000 and                            1/11).                                  II.B.2.
 <240,000 Btu/h, All Other
 Heating.
Evaporatively-cooled Air         11.0 EER...........  11.9 EER (as of 6/  11.0 EER..........  Yes. See section
 Conditioner, >=240,000 and                            1/11).                                  II.B.2.
 <760,000 Btu/h, Electric
 Resistance Heating or No
 Heating.
Evaporatively-cooled Air         10.8 EER...........  11.7 EER[dagger]    10.8 EER..........  Yes. See section
 Conditioner, >=240,000 and                            (as of 6/1/11).                         II.B.2.
 <760,000 Btu/h, All Other
 Heating.
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             Commercial Package Air-Conditioning and Heating Equipment--VRF Systems[dagger][dagger]
----------------------------------------------------------------------------------------------------------------
VRF Air Conditioners, Air-       N/A................  13.0 SEER.........  13.0 SEER.........  No. See section
 cooled, <65,000 Btu/h.                                                                        II.B.3.
VRF Air Conditioners, Air-       N/A................  11.2 EER..........  11.2 EER..........  No. See section
 cooled, >=65,000 and <135,000                                                                 II.B.3.
 Btu/h, Electric Resistance or
 No Heating.
VRF Air Conditioners, Air-       N/A................  11.0 EER..........  11.0 EER..........  No. See section
 cooled, >=135,000 and <240,000                                                                II.B.3.
 Btu/h, Electric Resistance or
 No Heating.

[[Page 25627]]

 
VRF Air Conditioners, Air-       N/A................  10.0 EER..........  10.0 EER..........  No. See section
 cooled, >=240,000 Btu/h,                                                                      II.B.3.
 Electric Resistance or No
 Heating.
VRF Heat Pumps, Air-cooled,      N/A................  13.0 SEER, 7.7      13.0 SEER, 7.7      No. See section
 <65,000 Btu/h.                                        HSPF.               HSPF.               II.B.3.
VRF Heat Pumps, Air-cooled,      N/A................  11.0 EER, 3.3 COP.  11.0 EER, 3.3 COP.  No. See section
 >=65,000 and <135,000 Btu/h,                                                                  II.B.3.
 without heat recovery,
 Electric Resistance or No
 Heating.
VRF Heat Pumps, Air-cooled,      N/A................  10.8 EER, 3.2 COP.  11.0 EER (electric  No. See section
 >=65,000 and <135,000 Btu/h,                                              resistance          II.B.3.
 with heat recovery, Electric                                              heating), 10.8
 Resistance or No Heating.                                                 EER (no electric
                                                                           resistance
                                                                           heating)[dagger][
                                                                           dagger][dagger]
                                                                           3.3 COP.
VRF Heat Pumps, Air-cooled,      N/A................  10.6 EER, 3.2 COP.  10.6 EER, 3.2 COP.  No. See section
 >=135,000 and <240,000 Btu/h,                                                                 II.B.3.
 without heat recovery,
 Electric Resistance or No
 Heating.
VRF Heat Pumps, Air-cooled,      N/A................  10.4 EER, 3.2 COP.  10.6 EER (electric  No. See section
 >=135,000 and <240,000 Btu/h,                                             resistance          II.B.3.
 with heat recovery, Electric                                              heating), 10.4
 Resistance or No Heating.                                                 (no electric
                                                                           resistance
                                                                           heating)[dagger][
                                                                           dagger][dagger]
                                                                           3.2 COP.
VRF Heat Pumps, Air-cooled,      N/A................  9.5 EER, 3.2 COP..  9.5 EER, 3.2 COP..  No. See section
 >=240,000 Btu/h, without heat                                                                 II.B.3.
 recovery, Electric Resistance
 or No Heating.
VRF Heat Pumps, Air-cooled,      N/A................  9.3 EER, 3.2 COP..  9.5 EER (electric   No. See section
 >=240,000 Btu/h, with heat                                                resistance          II.B.3.
 recovery, Electric Resistance                                             heating), 9.3 EER
 or No Heating.                                                            (no electric
                                                                           resistance
                                                                           heating)[dagger][
                                                                           dagger][dagger]
                                                                           3.2 COP.
VRF Heat Pumps, Water-source,    N/A................  12.0 EER, 4.2 COP.  11.2 EER (<17,000   Yes[diam][diam][di
 <65,000 Btu/h, without heat                                               Btu/                am] for <17,000
 recovery.                                                                 h)[dagger][dagger   Btu. No for
                                                                           ], 12.0 EER         >=17,000 Btu/h
                                                                           (>=17,000 Btu/h     and <65,000 Btu/
                                                                           and <65,000 Btu/    h. See section
                                                                           h) 4.2 COP.         II.B.3.
VRF Heat Pumps, Water-source,    N/A................  11.8 EER, 4.2 COP.  11.2 EER (< 17,000  Yes[diam][diam][di
 <65,000 Btu/h, with heat                                                  Btu/                am] for <17,000
 recovery.                                                                 h)[dagger][dagger   Btu, No for
                                                                           ] 12.0 EER (>=      >=17,000 Btu/h
                                                                           17,000 Btu/h and    and <65,000 Btu/
                                                                           <65,000 Btu/h),     h, See section
                                                                           4.2 COP.            II.B.3,
VRF Heat Pumps, Water-source,    N/A................  12.0 EER, 4.2 COP.  12.0 EER, 4.2 COP.  No. See section
 >=65,000 and <135,000 Btu/h,                                                                  II.B.3.
 without heat recovery.
VRF Heat Pumps, Water-source,    N/A................  11.8 EER, 4.2 COP.  12.0 EER, 4.2 COP.  No. See section
 >=65,000 and <135,000 Btu/h,                                                                  II.B.3.
 with heat recovery.
VRF Heat Pumps, Water-source,    N/A................  10.0 EER, 3.9 COP.  N/A...............  Yes[diam][diam][di
 >=135,000 Btu/h, without heat                                                                 am]. See section
 recovery.                                                                                     II.B.3.
VRF Heat Pumps, Water-source,    N/A................  9.8 EER, 3.9 COP..  N/A...............  Yes[diam][diam][di
 >=135,000 Btu/h, with heat                                                                    am]. See section
 recovery.                                                                                     II.B.3.
----------------------------------------------------------------------------------------------------------------
           Commercial Package Air-Conditioning and Heating Equipment--PTACs and PTHPs[Dagger][Dagger]
----------------------------------------------------------------------------------------------------------------
Package Terminal Air             EER = 11.0.........  EER = 11.7 (as of   EER = 11.7........  No. See section
 Conditioner, <7,000 Btu/h,                            10/8/12).                               II.B.4.
 Standard Size (New
 Construction)[Dagger][Dagger].
Package Terminal Air             EER = 12.5--(0.213   EER = 13.8--(0.300  EER = 13.8--(0.300  No. See section
 Conditioner, >=7,000 and         x Cap[diam]).        x Cap[diam]) (as    x Cap[diam]).       II.B.4.
 <15,000 Btu/h, Standard Size                          of 10/8/12).
 (New
 Construction)[Dagger][Dagger][
 Dagger].
Package Terminal Air             EER = 9.3..........  EER = 9.3.........  EER = 9.3.........  No. See section
 Conditioner, >15,000 Btu/h,                                                                   II.B.4.
 Standard Size (New
 Construction)[Dagger][Dagger][
 Dagger].
Package Terminal Heat Pump,      EER = 10.8, COP =    EER = 11.9, COP =   EER = 11.9, COP =   No. See section
 <7,000 Btu/h, Standard Size      3.0.                 3.3 (as of 10/8/    3.3.                II.B.4.
 (New                                                  12).
 Construction)[Dagger][Dagger][
 Dagger].

[[Page 25628]]

 
Package Terminal Heat Pump,      EER = 12.3--(0.213   EER = 14.0--(0.300  EER = 14.0--(0.300  No. See section
 >=7,000 and <15,000 Btu/h,       x Cap[diam]), COP    x Cap[diam]), COP   x Cap[diam]), COP   II.B.4.
 Standard Size (New               = 3.2--(0.026 x      = 3.7--(0.052 x     = 3.7--(0.052 x
 Construction)[Dagger][Dagger][   Cap[diam]).          Cap[diam]) (as of   Cap[diam]).
 Dagger].                                              10/8/12).
Package Terminal Heat Pump,      EER = 9.1, COP =     EER = 9.5, COP =    EER = 9.5, COP =    No. See section
 >15,000 Btu/h, Standard Size     2.8.                 2.9.                2.9.                II.B.4.
 (New
 Construction)[Dagger][Dagger][
 Dagger].
----------------------------------------------------------------------------------------------------------------
                     Commercial Package Air-Conditioning and Heating Equipment--SDHV and TTW
----------------------------------------------------------------------------------------------------------------
Through-the-Wall, Air-cooled     12.0 SEER, 7.4 HSPF  13.0 SEER, 7.4      13.0 SEER, 7.7      No. See section
 Heat Pumps, <=30,000 Btu/h.                           HSPF.               HSPF.               II.B.5.
Small-Duct, High-Velocity, Air-  10.0 SEER, 6.8 HSPF  N/A[diam][diam]...  13.0 SEER, 7.7      No. See section
 cooled Heat Pumps, <65,000 Btu/                                           HSPF.               II.B.5.
 h.
----------------------------------------------------------------------------------------------------------------
                  Commercial Package Air-Conditioning and Heating Equipment--SPVACs and SPVHPs
----------------------------------------------------------------------------------------------------------------
Single-Packaged Vertical Air     9.0 EER............  9.0 EER...........  9.0 EER...........  Yes. See section
 Conditioners, <65,000 Btu/h.                                                                  II.B.6.
Single-Packaged Vertical Air     8.9 EER............  8.9 EER...........  8.9 EER...........  Yes. See section
 Conditioners, >=65,000 and                                                                    II.B.6.
 <135,000 Btu/h.
Single-Packaged Vertical Air     8.6 EER............  8.6 EER...........  8.6 EER...........  Yes. See section
 Conditioners, >=65,000 and                                                                    II.B.6.
 <240,000 Btu/h.
Single-Packaged Vertical Heat    9.0 EER, 3.0 COP...  9.0 EER, 3.0 COP..  9.0 EER, 3.0 COP..  Yes. See section
 Pumps, <65,000 Btu/h.                                                                         II.B.6.
Single-Packaged Vertical Heat    8.9 EER, 3.0 COP...  8.9 EER, 3.0 COP..  8.9 EER, 3.0 COP..  Yes. See section
 Pumps, >=65,000 and <135,000                                                                  II.B.6.
 Btu/h.
Single-Packaged Vertical Heat    8.6 EER, 2.9 COP...  8.6 EER, 2.9 COP..  8.6 EER, 2.9 COP..  Yes. See section
 Pumps, >=65,000 and <240,000                                                                  II.B.6.
 Btu/h.
----------------------------------------------------------------------------------------------------------------
                          Air Conditioners and Condensing Units Serving Computer Rooms
----------------------------------------------------------------------------------------------------------------
Air conditioners, air-cooled,    N/A................  2.20 SCOP           N/A...............  Yes[diam][diam][di
 <65,000 Btu/h.                                        (downflow), 2.09                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, air-cooled,    N/A................  2.10 SCOP           N/A...............  Yes[diam][diam][di
 >=65,000 and <240,000 Btu/h.                          (downflow), 1.99                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, air-cooled,    N/A................  1.90 SCOP           N/A...............  Yes[diam][diam][di
 >=240,000 Btu/h.                                      (downflow), 1.79                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, water-cooled,  N/A................  2.60 SCOP           N/A...............  Yes[diam][diam][di
 <65,000 Btu/h.                                        (downflow), 2.49                        am]. See section
                                                       SCOP (upflow).                          II.C
Air conditioners, water-cooled,  N/A................  2.50 SCOP           N/A...............  Yes[diam][diam][di
 >=65,000 and <240,000 Btu/h.                          (downflow), 2.39                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, water-cooled,  N/A................  2.40 SCOP           N/A...............  Yes[diam][diam][di
 >=240,000 Btu/h.                                      (downflow), 2.29                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, water-cooled   N/A................  2.55 SCOP           N/A...............  Yes[diam][diam][di
 with fluid economizer, <65,000                        (downflow), 2.44                        am]. See section
 Btu/h.                                                SCOP (upflow).                          II.C.
Air conditioners, water-cooled   N/A................  2.45 SCOP           N/A...............  Yes[diam][diam][di
 with fluid economizer,                                (downflow), 2.34                        am]. See section
 >=65,000 and <240,000 Btu/h.                          SCOP (upflow).                          II.C.
Air conditioners, water-cooled   N/A................  2.35 SCOP           N/A...............  Yes[diam][diam][di
 with fluid economizer,                                (downflow), 2.24                        am]. See section
 >=240,000 Btu/h.                                      SCOP (upflow).                          II.C.
Air conditioners, glycol-        N/A................  2.50 SCOP           N/A...............  Yes[diam][diam][di
 cooled, <65,000 Btu/h.                                (downflow), 2.39                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, glycol-        N/A................  2.15 SCOP           N/A...............  Yes[diam][diam][di
 cooled, >=65,000 and <240,000                         (downflow), 2.04                        am]. See section
 Btu/h.                                                SCOP (upflow).                          II.C.
Air conditioners, glycol-        N/A................  2.10 SCOP           N/A...............  Yes[diam][diam][di
 cooled, >=240,000 Btu/h.                              (downflow), 1.99                        am]. See section
                                                       SCOP (upflow).                          II.C.
Air conditioners, glycol-cooled  N/A................  2.45 SCOP           N/A...............  Yes[diam][diam][di
 with fluid economizer, <65,000                        (downflow), 2.34                        am]. See section
 Btu/h.                                                SCOP (upflow).                          II.C.

[[Page 25629]]

 
Air conditioners, glycol-cooled  N/A................  2.10 SCOP           N/A...............  Yes[diam][diam][di
 with fluid economizer,                                (downflow), 1.99                        am]. See section
 >=65,000 and <240,000 Btu/h.                          SCOP (upflow).                          II.C.
Air conditioners, glycol-cooled  N/A................  2.05 SCOP           N/A...............  Yes[diam][diam][di
 with fluid economizer,                                (downflow), 1.94                        am]. See section
 >=240,000 Btu/h.                                      SCOP (upflow).                          II.C.
----------------------------------------------------------------------------------------------------------------
* ``Ec'' means combustion efficiency; ``Et'' means thermal efficiency; ``EER'' means energy efficiency ratio;
  ``SEER'' means seasonal energy efficiency ratio; ``HSPF'' means heating seasonal performance factor; ``COP''
  means coefficient of performance; ``Btu/h'' means British thermal units per hour; and ``SCOP'' means sensible
  coefficient of performance.
** ASHRAE Standard 90.1-2010 equipment classes may differ from the equipment classes defined in DOE's
  regulations, but no loss of coverage will occur (i.e., all previously covered DOE equipment classes remained
  covered equipment).
*** A vent damper is an acceptable alternative to a flue damper for those furnaces that draw combustion air from
  conditioned space.
[dagger] ASHRAE Standard 90.1-2010 specifies this efficiency level as 12.2 EER. However, as explained in section
  II.B of this NODA, DOE believes this level was a mistake and that the correct level is 11.7 EER.
[dagger][dagger] Variable Refrigerant Flow (VRF) systems are newly defined equipment classes in ASHRAE Standard
  90.1-2010. As discussed in section II.B.3 of this NODA, DOE believes these systems are currently covered by
  Federal standards for commercial package air conditioning and heating equipment.
[dagger][dagger][dagger] For these equipment classes, ASHRAE sets lower efficiency requirements for equipment
  with heat recovery systems. DOE believes systems with heat recovery and electric resistance heating would be
  required to meet the current Federal standard for equipment with electric resistance heating (i.e., the
  Federal standard level shown in the table). However, for equipment with heat recovery and no electric
  resistance heating, DOE believes heat recovery would be an ``other'' heating type allowing for a 0.2 EER
  reduction in the Federal minimum requirement.
[Dagger] The Federal energy conservation standards for this equipment class are specified differently for
  equipment with cooling capacity <17,000 Btu/h. However, ASHRAE Standard 90.1-2010 does not distinguish this
  equipment class.
[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 >=16
  inches high, or >=42 inches wide.
[diam] ``Cap'' means cooling capacity in kBtu/h at 95[deg]F outdoor dry-bulb temperature.
[diam][diam] ASHRAE Standard 90.1-2010 includes an efficiency level of 10.0 SEER for these products. However, as
  explained in section II.B.5 of this NODA, DOE believes that ASHRAE did not intend to set an efficiency level
  for these products.
[diam][diam][diam] An energy-savings analysis for this class of equipment was not conducted due to either a lack
  of data or because there is no equipment on the market that would fall into this equipment class.

2. ASHRAE Standard 90.1 Proposed Addenda
    Since officially releasing ASHRAE Standard 90.1-2010 on October 29, 
2010, ASHRAE has released three proposed addenda relevant to today's 
NODA: Proposed Addendum h, Proposed Addendum i, and Proposed Addendum 
j. ASHRAE released all three addenda for first public review in March 
2011, and the 45-day public review period ends May 9, 2011. Proposed 
Addendum h would remove the small-duct high-velocity (SDHV) product 
class from one of the tables of standards and correct the minimum 
efficiencies for through-the-wall products. In addition, it would amend 
the minimum energy efficiency standards (and change the product class 
names) for water-to-air heat pumps, including some product classes 
regulated by DOE (e.g., ``water-source'' would become ``water-to-air: 
Water loop''), with a proposed effective date immediately upon 
publication of the addendum.\9\ Proposed Addendum i would amend the 
minimum energy efficiency standards for SPVACs and SPVHPs. It would 
also add a new product class designed to address SPVACs and SPVHPs in 
space-constrained applications. These would become effective January 1, 
2012. Proposed Addendum j would remove SDHV from both tables of 
standards in which it was listed, and would also correct the EER for 
one product class of evaporatively-cooled units, as discussed in 
section II.B.5.
---------------------------------------------------------------------------

    \9\ Ground water source (water to air: ground water) and ground 
source (brine to air: Ground loop) heat pumps are not covered 
products.
---------------------------------------------------------------------------

    Because these proposed addenda have not yet been approved, DOE is 
not obligated to address these changes until the addenda are formally 
adopted and ASHRAE issues the next version of Standard 90.1 (expected 
in 2013). However, DOE acknowledges that these proposed addenda may 
affect the market which is addressed in today's NODA. As a result, DOE 
seeks comments on what impact, if any, these proposed addenda might 
have, if adopted, on the national energy savings analysis presented in 
today's NODA. This is Issue 1 under ``Issues on Which DOE Seeks 
Comment'' in section IV.B of this NODA.

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 in ASHRAE Standard 90.1-2010 addressed in today's 
NODA. For each class of commercial equipment addressed in this NODA, 
section II presents DOE's initial determination as to whether ASHRAE 
increased the efficiency level for a given type of product, a change 
which would require an energy-savings potential analysis. Since DOE is 
not required by EPCA to review additional changes in ASHRAE Standard 
90.1-2010 for those equipment types where ASHRAE did not increase the 
efficiency level, DOE has conducted no further analysis for those types 
of equipment where efficiency levels clearly did not change. 
Additionally, for equipment where ASHRAE Standard 90.1-2010 has 
increased the level in comparison to the previous version of ASHRAE 
Standard 90.1, but does not exceed the current Federal standard level, 
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) 
and did not perform an potential energy savings analysis. For those 
equipment classes where ASHRAE increased the efficiency level (in 
comparison to the Federal standard), DOE performed an analysis of the 
energy-savings potential,

[[Page 25630]]

unless DOE found no products in the market in that equipment class (in 
which case there is no potential for energy savings) or there was a 
significant lack of data and information available that would allow DOE 
to reasonably estimate the potential for energy savings.
    Based upon DOE's analysis discussed in section II, DOE has 
determined that ASHRAE increased the efficiency level for the following 
equipment classes:
     Small, Large, and Very Large Water-cooled Air 
Conditioners;
     Small, Large, and Very Large Evaporatively-cooled Air 
Conditioners;
     Certain Small (only those with cooling capacity < 17,000 
Btu/h) and Large Variable Refrigerant Flow Water-Source Heat Pumps; and
     Air Conditioners and Condensing Units Serving Computer 
Rooms.
    Out of those equipment classes, when DOE found that equipment is 
available on the market and adequate information exists to reasonably 
estimate potential energy savings, DOE performed the analysis of the 
energy-savings potential which is described in section III. However, 
when DOE did not find equipment available on the market (such as for 
small variable refrigerant flow water-source heat pumps with capacities 
below 17,000 Btu/h), or found that adequate efficiency and/or shipments 
data was unavailable (such as for air conditioners and condensing units 
serving computer rooms), DOE did not perform a potential energy savings 
analysis.
    In addition, although ASHRAE did not increase the efficiency level 
for SPVACs and SPVHPs, DOE is required by EPCA to consider amending the 
energy conservation standards for these equipment classes using the 
procedures set forth by 42 U.S.C. 6313(a)(6) for ASHRAE products. 
Accordingly, DOE also performed an energy-savings analysis for SPVACs 
and SPVHPs and presents the results in section III.

II. Discussion of Changes in ASHRAE Standard 90.1-2010

    Before beginning an analysis of the potential energy savings that 
would result from adopting the efficiency levels specified by ASHRAE 
Standard 90.1-2010 or more-stringent efficiency levels, DOE first 
determined whether or not the ASHRAE Standard 90.1-2010 efficiency 
levels actually represented an increase in efficiency above the current 
Federal standard levels, thereby triggering DOE action. This section 
contains a discussion of each equipment class where the ASHRAE Standard 
90.1-2010 efficiency level differs from the current Federal standard 
level, along with DOE's preliminary conclusion regarding the 
appropriate action to take with respect to that equipment. In addition, 
this section contains a discussion of DOE's determination with regard 
to newly created equipment classes in ASHRAE Standard 90.1-2010 (i.e., 
VRF commercial package air-conditioning and heating equipment and air 
conditioners serving computer rooms), and DOE's decisions with regard 
to the requirements for analyzing SPVACs and SPVHPs in EPCA. Finally, 
this section provides a brief discussion of the test procedure updates 
contained in ASHRAE Standard 90.1-2010.

A. Commercial Warm-Air Furnaces

    Under 42 U.S.C. 6311(11)(A), 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.'' 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.
    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 90.1-1989, 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 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.
    The current Federal standard for gas-fired commercial warm-air 
furnaces is in terms of ``thermal efficiency,'' which is defined as 
``100 percent minus percent flue loss.'' 10 CFR 431.72. The previous 
version of ASHRAE Standard 90.1 (i.e., ASHRAE 90.1-2007) specified a 
minimum efficiency level of 80 percent combustion efficiency, but it 
defined ``combustion efficiency'' as ``100 percent minus flue losses'' 
in the footnote to the efficiency table for commercial warm-air gas-
fired furnaces, which references ANSI Z21.47-2001, ``Standard for Gas-
Fired Central Furnaces,'' as the test procedure. In its analysis for 
the 2009 notice of proposed rulemaking (NOPR) regarding standards for 
ASHRAE Products in which DOE considered the updates in ASHRAE Standard 
90.1-2007, DOE noted that upon reviewing the efficiency levels and 
methodology specified in ASHRAE Standard 90.1-2007, it concluded that 
ASHRAE changed the efficiency metric for gas-fired commercial warm-air 
furnaces in name only, and not in the actual test or calculation 
method. 74 FR 12000, 12008-09 (March 20, 2009). Therefore, DOE stated 
its understanding that despite using the term ``combustion efficiency'' 
rather than ``thermal efficiency,'' ASHRAE did not intend to change the 
substance of the metric. Consequently, DOE left 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'' presented at 10 CFR 
431.72.
    ASHRAE Standard 90.1-2010 updated the tabulated requirements for 
gas-fired commercial warm-air furnaces to specify a minimum efficiency 
level of 80 percent ``thermal efficiency'' and references ANSI Z21.47-
2006, ``Standard for Gas-Fired Central Furnaces,'' as the test 
procedure. ANSI Z21.47-2006 defines ``thermal efficiency'' as ``100 
percent minus flue losses,'' which is the same as DOE's definition of 
``thermal efficiency'' for this equipment. Because of this, DOE 
believes that the purpose of the ASHRAE metric change to ``thermal 
efficiency'' was to clarify the alignment to the existing Federal 
standards and the ANSI Z21.47-2006 test procedure. As a result, DOE 
tentatively concluded that this change does not constitute a revision 
to the actual efficiency level for gas-fired commercial warm-air 
furnaces and that no further action by the Department is required.

B. Commercial Package Air-Conditioning and Heating Equipment

    EPCA, as amended, defines ``commercial package air conditioning and 
heating equipment'' as air-cooled, evaporatively-cooled, water-cooled, 
or water source (not including ground water source) electrically 
operated, unitary central air conditioners and central air conditioning 
heat pumps for commercial use. (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 equipment rated below 135,000 Btu per hour (cooling capacity). 
(42 U.S.C. 6311(8)(B); 10 CFR 431.92) ``Large

[[Page 25631]]

commercial package air conditioning and heating equipment'' means 
equipment 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 equipment 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. Water-Cooled Equipment
    The current Federal energy conservation standards for the six 
classes of water-cooled commercial package air conditioners for which 
ASHRAE Standard 90.1-2010 amended efficiency levels are shown in Table 
I.1. The Federal energy conservation standards for water-cooled 
equipment are differentiated based on the cooling capacity (i.e., 
small, large, or very large) and heating type (i.e., electric 
resistance heating/no heating or some other type of heating). ASHRAE 
Standard 90.1-2010 increased the energy efficiency levels for all six 
equipment classes to efficiency levels that surpass the current Federal 
energy conservation standard levels. Therefore, the Department 
conducted an analysis of the potential energy savings due to amended 
standards for these products, which is described in section III of this 
NODA.
2. Evaporatively-Cooled Equipment
    The current Federal energy conservation standards for the six 
classes of evaporatively-cooled commercial package air conditioners for 
which ASHRAE Standard 90.1-2010 amended efficiency levels are shown in 
Table I.1. Similar to water-cooled equipment, Federal energy 
conservation standards divide evaporatively-cooled equipment based on 
the cooling capacity (i.e., small, large, or very large) and heating 
type (i.e., electric resistance heating/no heating or some other type 
of heating). ASHRAE Standard 90.1-2010 increased the energy efficiency 
levels for all six equipment classes to efficiency levels that surpass 
the current Federal energy conservation standard levels.
    DOE reviewed the market for evaporatively-cooled equipment and 
could not identify any models available on the market in the ``small'' 
unit product class (i.e., cooling capacity < 135,000 Btu/h) and the 
``large'' unit product class (i.e., cooling capacity >= 135,000 and < 
240,000 Btu/h). Because there is currently no equipment in these 
classes being manufactured, DOE believes there are no energy savings 
associated with these classes at this time; therefore, it is not 
possible to assess the potential for additional energy savings at the 
levels in ASHRAE Standard 90.1-2010 or more-stringent levels. Thus, DOE 
did not perform a potential energy-savings analysis for the small and 
large equipment classes of evaporatively-cooled commercial package air 
conditioners. DOE seeks comments from interested parties on its 
assessment of the market and energy savings potential for this 
equipment type. This is Issue 2 under ``Issues on Which DOE Seeks 
Comment'' in section IV.B of this NODA.
    For very large (i.e., cooling capacity >= 240,000 Btu/h) 
evaporatively-cooled air conditioners, DOE was able to identify a 
number of models on the market, and, therefore, DOE conducted an 
analysis of the potential energy savings for these products which is 
discussed in section III. For very large evaporatively-cooled air 
conditioners, ASHRAE Standard 90.1-2010 set the efficiency level for 
equipment with electric resistance or no heating at 11.9 EER and for 
equipment with all other heating at 12.2 EER. However, ASHRAE 
historically has set the levels for equipment with other heating at 0.2 
EER