Energy Efficiency Program: Test Procedures for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters, 63211-63216 [2011-25815]
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Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules
the meeting by sending them to
SACAH.Management@aphis.usda.gov.
This notice of the meeting agenda is
given pursuant to section 10 of the
Federal Advisory Committee Act (5
U.S.C. App. 2).
Done in Washington, DC, this 5th day of
October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–26354 Filed 10–11–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2011–BT–TP–0042]
RIN 1904–AC53
Energy Efficiency Program: Test
Procedures for Residential Water
Heaters, Direct Heating Equipment,
and Pool Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
Through this Request for
Information (RFI), the U.S. Department
of Energy (DOE) is initiating a
rulemaking and data collection process
to consider amendments to DOE’s test
procedures for residential water heaters,
direct heating equipment, and pool
heaters. This rulemaking is intended to
fulfill DOE’s statutory obligation to
review its test procedures for covered
products at least once every seven years.
To inform interested parties and to
facilitate the process, DOE has gathered
data and has identified several issues
that might warrant modifications to the
current applicable test procedures,
including topics on which DOE is
particularly interested in receiving
comment. In overview, the issues
outlined in this document mainly
concern the scope, draw patterns, and
test conditions for residential water
heaters, possible clarifications and
improvement of the direct heating
equipment test procedures as applied to
vented hearth heaters, and coverage of
electric pool heaters. Additionally, this
RFI briefly discusses and seeks input on
certain potential changes to the test
procedures for these products that DOE
anticipates may be included in a
subsequent notice of proposed
rulemaking (NOPR). DOE welcomes
written comments from the public on
any subject related to the test
procedures for residential heating
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SUMMARY:
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products (including topics not
specifically raised in this RFI).
DATES: Written comments and
information are requested on or before
November 28, 2011.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2011–BT–TP–0042 and/
or RIN 1904–AC53, by any of the
following methods:
• E-mail: HeatingProducts-2011-TP0042@ee.doe.gov. Include EERE–2011–
BT–TP–0042 and/or RIN 1904–AC53 in
the subject line of the message. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or ASCII file
format, and avoid the use of special
characters or any form of encryption.
• Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585– 0121.
Telephone: (202) 586–2945. If possible,
please submit all items on a compact
disc (CD), in which case it is not
necessary to include printed copies.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., 6th Floor,
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.
All submissions received must
include the agency name and docket
number and/or RIN for this rulemaking.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section III of this document (Public
Participation).
Docket: For access to the docket to
read background documents or
comments received, go to the Federal
eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information may
be sent to 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
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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, 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. Authority and Background
II. Discussion
A. Test Procedure for Residential Water
Heaters
1. Scope
a. Water Heaters With Storage Volumes
Between 2 Gallons (7.6 L) and 20 Gallons
(76 L)
b. Electric Instantaneous Water Heaters
c. Storage Water Heaters With Very Large
Storage Capacities
2. Draw Pattern
3. Discrete Performance Tests
4. Test Conditions
a. Water Delivery Temperature
b. Ambient Temperature and Relative
Humidity
5. Other Issues
B. Test Procedure for Direct Heating
Equipment
1. Vented Hearth Heaters
2. Other Issues
C. Test Procedure for Pool Heaters
1. Electric Pool Heaters
2. Other Issues
III. Public Participation
I. Authority and Background
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975 (‘‘EPCA’’
or ‘‘the Act’’), Public Law 94–163 (42
U.S.C. 6291–6309, as codified) sets forth
a variety of provisions designed to
improve energy efficiency and
establishes the Energy Conservation
Program for Consumer Products Other
Than Automobiles.2 These include
residential water heaters, direct heating
equipment, and pool heaters (or
collectively, ‘‘heating products’’), the
subject of today’s notice. (42 U.S.C.
6292(a)(4),(9), and (11))
Under EPCA, this program generally
consists of four parts: (1) Testing; (2)
labeling; (3) establishing Federal energy
conservation standards; and (4)
certification and enforcement
procedures. The testing requirements
consist of test procedures that
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
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 (Dec. 19, 2007).
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manufacturers of covered products must
use as both the basis for certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA,
and for making representations about
the efficiency of those products. (42
U.S.C. 6293(c); 42 U.S.C. 6295(s))
Similarly, DOE must use these test
requirements to determine whether the
products comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA provides, in relevant part, that
any test procedures prescribed or
amended under this section must be
reasonably designed to produce test
results which measure energy
efficiency, energy use, or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use, and must not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, if DOE determines that a
test procedure amendment is warranted,
it must publish proposed test
procedures and offer the public an
opportunity to present oral and written
comments on them. (42 U.S.C.
6293(b)(2)) Finally, in any rulemaking to
amend a test procedure, DOE must
determine the extent to which the
proposed test procedure would alter the
product’s measured energy efficiency.
(42 U.S.C. 6293(e)(1)) If DOE determines
that the amended test procedure would
significantly alter the measured
efficiency of a covered product, DOE
must amend the applicable energy
conservation standard accordingly. (42
U.S.C. 6293(e)(2))
Further, the Energy Independence and
Security Act of 2007 (EISA 2007)
amended EPCA to require that at least
once every 7 years, DOE must review
test procedures for all covered products
and either amend test procedures (if the
Secretary determines that amended test
procedures would more accurately or
fully comply with the requirements of
42 U.S.C. 6293(b)(3)) or publish notice
in the Federal Register of any
determination not to amend a test
procedure. (42 U.S.C. 6293(b)(1)(A))
Under this requirement, DOE must
review the test procedures for the
various types of heating products not
later than December 19, 2014 (i.e., 7
years after the enactment of EISA 2007).
Thus, the final rule resulting from this
rulemaking will satisfy the requirement
to review the test procedures for heating
products within seven years of the
enactment of EPCA.
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DOE’s test procedures for residential
water heaters are found in the Code of
Federal Regulations (CFR) at 10 CFR
430.23(e) and 10 CFR part 430, subpart
B, appendix E. The test procedures
include provisions for determining the
energy efficiency (energy factor (EF)), as
well as the annual energy consumption
of these products.
There are separate test procedures for
the two types of direct heating
equipment (i.e., vented home heating
equipment and unvented home heating
equipment), specifically 10 CFR
430.23(g) and 10 CFR part 430, subpart
B, appendix G for unvented home
heating equipment, and 10 CFR
430.23(o) and 10 CFR part 430, subpart
B, appendix O for vented home heating
equipment. (Hereafter in this notice, the
terms ‘‘vented heater’’ and ‘‘unvented
heater’’ are used as shorthand to
describe the two types of direct heating
equipment.) The vented heater test
procedures include provisions for
determining energy efficiency (annual
fuel utilization efficiency (AFUE)), as
well as annual energy consumption. The
unvented heater test procedures
currently have no provisions for
determining energy efficiency, as all
unvented heaters are considered 100percent efficient. However, for unvented
heaters that are the primary heating
source for the home, there is a
calculation of annual energy
consumption based on a single
assignment of active mode hours. For
unvented heaters that are not the
primary heating source for the home,
there are no calculation provisions for
either efficiency or annual energy
consumption. Given that unvented
heaters are considered 100-percent
efficient, DOE has not established a test
procedure for determining energy
efficiency of these products (and thus,
has not established energy conservation
standards for these products), as there
would be no energy savings that would
result from such actions.
DOE’s test procedures for pool heaters
are found at 10 CFR 430.23(p) and 10
CFR part 430, subpart B, appendix P.
The test procedures include provisions
for determining two energy efficiency
descriptors (i.e., thermal efficiency and
pool heater heating seasonal efficiency),
as well as seasonal energy consumption.
In addition to the test procedure
review provision discussed above, EISA
2007 also amended EPCA to require
DOE to amend its test procedures for all
covered products to include
measurement of standby mode and off
mode energy consumption. (42 U.S.C.
6295(gg)(2)(A)) Consequently, DOE is
currently conducting a rulemaking to
amend the test procedures for
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residential water heaters, direct heating
equipment, and pool heaters to include
provisions for measuring the standby
mode and off mode energy consumption
of those products. DOE published a
NOPR in the Federal Register on August
30, 2010, which proposed updates to the
DOE test procedures for heating
products to address the standby mode
and off mode test procedure
requirements under EPCA.3 75 FR
52892. DOE published a supplemental
notice of proposed rulemaking (SNOPR)
in the Federal Register on September
13, 2011, which calls for the use of the
second edition of International
Electrotechnical Commission (IEC)
Standard 62301, ‘‘Household Electrical
Appliances—Measurement of standby
power,’’ in lieu of the first edition and
also provides guidance on rounding and
sampling. 76 FR 56347. However, that
rulemaking was limited to the proposed
test procedure updates to address the
above-referenced standby mode and off
mode requirements, and consequently,
it did not address several other potential
issues in DOE’s existing test procedures
for heating products. DOE plans to
address these non-standby/off mode
issues separately in this rulemaking.
The potential issues that DOE has
preliminarily identified and plans to
address in this rulemaking are discussed
in detail below in section II of this RFI.
II. Discussion
A. Test Procedure for Residential Water
Heaters
1. Scope
DOE’s test procedures for water
heaters codified at 10 CFR 430.23(e) and
10 CFR part 430, subpart B, appendix E
address gas-fired, electric, and oil-fired
storage-type (i.e., storage volume not
less than 20 gallons (76 L)) and gas-fired
and electric instantaneous-type (i.e.,
storage volume less than 2 gallons (7.6
L)) water heaters. However, the
procedure does not define electric
instantaneous water heaters. In
addition, it does not address the
following types of products: (1) Gasfired water heaters that have a storage
volume at or above 2 gallons and less
than 20 gallons (76 L); (2) electric
storage water heaters with storage
volume less than 20 gallons (76 L); and
(3) storage water heaters with very large
storage capacities, including oil-fired
water heaters with storage volumes
greater than 50 gallons (190 L), gas-fired
water heaters with storage volumes
above 100 gallons (379 L), and electric
3 For more information, please visit DOE’s Web
site at: https://www1.eere.energy.gov/buildings/
appliance_standards/residential/waterheaters.html.
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water heaters with storage volumes
above 120 gallons (454 L). For this
rulemaking, DOE is considering an
expansion of the scope of the test
procedure to include definitions and
test methods for these types of products.
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a. Water Heaters With Storage Volumes
Between 2 Gallons (7.6 L) and 20
Gallons (76 L)
DOE’s current test procedures are not
applicable to water heaters with storage
tanks that are at or above 2 gallons (7.6
L) and less than 20 gallons (76 L). In
recent years, however, water heaters
with such capacities have begun to
populate the market. The definitions in
the test procedure specify that
instantaneous-type water heaters have a
storage volume of less than two gallons
(7.6 L) and that storage-type water
heaters have a storage volume of 20
gallons (76 L) or more. 10 CFR part 430,
subpart B, appendix E, sections 1.7 and
1.12. The definition for ‘‘Storage-type
Water Heater of More than 2 Gallons
(7.6 Liters) and Less than 20 Gallons (76
Liters)’’ is currently reserved. Id. at
section 1.12.5. DOE is tentatively
planning to address this gap in coverage
by prescribing definitions and test
procedures specifically for water heaters
with storage volumes at or above 2
gallons (7.6 L) and less than 20 gallons
(76 L). DOE seeks comment on the need
for test procedures for products in this
size range, as well as factors that should
be considered when establishing a
definition and test procedures for water
heaters with storage volumes at or above
2 gallons (7.6 L) and 20 gallons (76 L).
Additionally, DOE seeks comment on
the need to characterize water heaters
by attributes other than storage volume,
such as heating or delivery capacity.
b. Electric Instantaneous Water Heaters
DOE’s current test procedures do not
contain a definition for electric
instantaneous water heaters, but rather
have a space reserved to define them. 10
CFR part 430, subpart B, appendix E,
section 1.7.1. However, EPCA defines
electric instantaneous water heaters as
having an input capacity of 12 kW or
less, which impacts scope of coverage.
(42 U.S.C. 6291(27)(B)) Electric
instantaneous water heaters are tankless
water heaters (with storage volumes at
or below 2 gallons (7.6 L)) that utilize
electric heating elements to heat water
on demand. The heating power required
for electric instantaneous water heaters
intended for whole home applications is
typically much higher than the power
capability commonly found in storagetype electric water heaters. Given the
emergence of electric instantaneous
water heaters on the market, DOE is
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tentatively planning to address this gap
in the test procedure by prescribing a
definition specifically for electric
instantaneous water heaters. DOE seeks
comment on the need for a definition for
these products. Although DOE is bound
by EPCA to limit its regulations to units
with an input capacity of no more than
12kW, it also seeks comment on other
factors to consider when establishing a
definition for electric instantaneous
water heaters.
Additionally, DOE notes that the
24-hour simulated use test in DOE’s test
procedure for instantaneous water
heaters at 10 CFR 430, Subpart B,
Appendix E, section 5.2.4 is titled
‘‘24-hour Simulated Use Test for Gas
Instantaneous Water Heaters.’’ However,
upon reviewing the procedure in section
5.2.4 and the corresponding calculations
in section 6 of the test procedure, DOE
believes the test method is also
applicable for electric instantaneous
water heaters and is currently being
used to determine the energy factor of
those products. DOE plans to propose
modifying section 5.2.4 to clarify the
method for testing electric
instantaneous water heaters and prevent
confusion. DOE will also consider
whether additional provisions may help
clarify the test procedure as it applies to
electric instantaneous water heaters.
DOE seeks comments on the need to
update its test procedure for
determining the energy efficiency of
electric instantaneous water heaters.
c. Storage Water Heaters With Very
Large Storage Capacities
The current DOE test procedure for
residential water heaters only applies to
gas-fired water heaters with storage
volumes less than or equal to 100
gallons (379 L), electric storage water
heaters with storage volumes less than
or equal to 120 gallons (454 L), and oilfired water heaters with storage volumes
less than or equal to 50 gallons (190 L).
10 CFR part 430, subpart B, appendix E,
sections 1.12.1, 1.12.2, and 1.12.4. In
defining storage type water heaters,
EPCA covers residential gas-fired
storage water heaters with an input of
75,000 Btu per hour or less, electric
storage water heaters with an input of
12 kilowatts or less, and oil-fired storage
water heaters that have an input rating
of 105,000 Btu/h or less. (42 U.S.C.
6291(27)(A)) DOE is not aware of any
residential water heaters available on
the market with storage volumes above
100 gallons, 120 gallons, and 50 gallons
for gas-fired, electric, and oil-fired water
heaters, respectively, that would be
covered as residential products under
EPCA. Due to the lack of water heaters
with very large storage volumes that
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meet the definition of a residential
water heater, DOE believes it is
unnecessary to expand the scope of the
test procedure to include gas-fired
products over 100 gallons, electric
products over 120 gallons, or oil-fired
products over 50 gallons, and seeks
comment on this conclusion.
2. Draw Pattern
The current residential water heater
test procedure includes a 24-hour
simulated-use test for determining
energy factor. 10 CFR part 430, subpart
B, appendix E, sections 5.1.5 and 5.2.4.
The 24-hour test specifies that 6 draws
of equal volume be removed from the
water heater in the first 6 hours of the
test for a total draw of 64.3 gallons (243
L). Following the six draws, the water
heater sits in an idle mode for the
duration of the 24-hour test. Id. The
draw pattern is the same regardless of
the characteristics (e.g., storage volume,
input capacity) of the water heater.
Recent data 4 5 6 suggest that the draw
pattern can impact the energy factor of
a water heater and can potentially offer
an advantage to one type of water heater
technology over another. In addition,
these studies suggest that the existing
draw pattern in the simulated use test
may not be representative of actual draw
patterns to which water heaters are
subjected in the field. DOE recognizes
that different water heaters will be
subjected to different field demands
(consumer usage patterns) because of
their operational or performance
differences. For example, it is a
reasonable expectation that a smallvolume storage water heater (e.g., 30
gallons) designed for low-occupancy
dwellings would not have to meet or be
subjected to the same hot water demand
or usage pattern that a large-volume
water heater (e.g., 75 gallon) is designed
to accommodate. Given this
understanding, if DOE continues to use
a simulated use test (DOE is also
considering a series of discrete tests to
replace the simulated use test; see
section II.A.3 below), DOE will consider
revising the draw pattern to be more
representative of typical usage patterns
4 Healy, WM, Ullah, T, and Roller, J., ‘‘InputOutput Approach to Predicting the Energy
Efficiency of Residential Water Heaters—Testing of
Gas Tankless and Electric Storage Water Heaters,’’
ASHRAE Transactions 117 (2011).
5 Hoeschele, M.A. and Springer, D.A. ‘‘Field and
Laboratory Testing of Gas Tankless Water Heater
Performance,’’ ASHRAE Transactions 114 (2): 453–
461 (2008).
6 Bohac, D, Schoenbauer, B., Hewett, M.,
Lobenstein, M.S., Butcher, T. ‘‘Actual Savings and
Performance of Natural Gas Tankless Water
Heaters,’’. Center for Energy and Environment
Report for Minnesota Office of Energy Security
(August 30, 2010).
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experienced in the field. DOE may also
consider amendments to its test
procedure to provide for different draw
patterns for different water heaters
based upon the characteristics of each
water heater, such as the amount of hot
water the unit can provide, the storage
volume, or the heating rate (i.e., input
rate). DOE seeks comments on possible
improvements that could be made to
DOE’s existing 24-hour simulated use
test procedure for water heaters. In
particular, DOE seeks comments on
typical residential hot water usage
patterns (e.g., the number of draws
during a day’s use, the timing of and
spacing between those draws, the
lengths of the draws, the flow rates at
which those draws are taken) and
considerations for establishing different
draw patterns based on differing water
heater characteristics.
3. Discrete Performance Tests
As noted above, DOE is considering a
series of discrete tests as an alternative
approach to using a 24-hour simulated
use test in determining energy factor for
residential water heaters. The results of
the discrete tests would be used as
inputs into an algorithm to calculate the
energy factor. The discrete tests would
determine factors such as thermal
efficiency (or coefficient of performance
(COP)), recovery efficiency, standby
energy loss coefficient, and cycling
losses. The results of these tests, and
possibly other tests, could then be
mathematically combined to calculate
an energy factor rating.
DOE believes that using the
mathematically-combined results of
discrete tests to calculate energy factor
offers several benefits, but it also has
some drawbacks when compared to
using a 24-hour simulated use test.
Discrete tests may lead to simpler, more
repeatable tests, and DOE tentatively
believes the results of discrete tests
could potentially be used as inputs to
simulation models for predicting energy
consumption and that an array of
different installations and field
conditions could be modeled. However,
DOE is uncertain of the feasibility of
characterizing water heaters and
developing an energy factor algorithm
based on empirical data because it is not
aware of any such algorithms that have
been thoroughly proven to be effective
at estimating the energy factor. Another
challenge would be that the tests may
need to vary for different technologies,
thereby raising possible concerns about
test equitability. DOE also notes that a
simulated use test has the advantage of
placing the same demand on any water
heater suitable for a particular
application, thereby arguably leading to
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a more equitable test. DOE seeks
comments on the benefits and
drawbacks of using a series of discrete
performance tests in place of the current
24-hour simulated use test for
determining the energy factor of
residential water heaters. DOE also
requests comments on the feasibility
and equitability of a series of discrete
tests and possible approaches for
establishing discrete tests that can result
in an energy factor rating.
4. Test Conditions
a. Water Delivery Temperature
The current residential water heater
test procedure calls for hot water to be
delivered at 135 °F +/¥ 5 °F (57.2 °C
+/¥ 2.8 °C). 10 CFR part 430, subpart
B, appendix E, section 2.4. However, the
Underwriters Laboratories (UL)
standards specify that manufacturers
must ship residential water heaters with
thermostats set at temperatures no
greater than 125 °F (52 °C) to safeguard
against scalding hazards. (UL 174,
Standard for Household Electrical
Storage Tank Water Heaters,
Underwriters Laboratories (April 29,
2004)) DOE’s research suggests that the
majority of water heaters are shipped
with the thermostat preset to 120 °F (49
°C). In the analysis for the April 2010
final rule amending energy conservation
standards for water heaters, the
Department estimated that the average
set point temperature for a residential
water heater was 124.2 °F (51.2 °C), with
an estimated 61 percent of water heaters
being installed with a set point at 120
°F (49 °C). (For more information see
chapter 7 of the technical support
document (TSD) for DOE’s April 16,
2010 final rule (75 FR 20112) for energy
conservation standards for residential
heating products.7)
The set point impacts the
performance of various types of water
heaters differently, and as a result, DOE
plans to reexamine the appropriateness
of the set point specifications in the test
procedure. A higher delivery
temperature has a disproportionately
large and negative impact on heat pump
water heater efficiency, because heat
pump water heaters can have markedly
different performance at elevated stored
water temperature compared to
temperatures more representative of
typical residential usage. For other types
of water heaters, heat transfer
characteristics between the heating
source and the water may differ at lower
7 Docket number EE–2006–BT–STD–0129. The
TSD is available online at: https://
www.eere.energy.gov/buildings/
appliance_standards/residential/
heating_products_fr_tsd.html.
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delivery temperatures, thereby affecting
efficiency.
DOE notes that some end uses (e.g.,
dishwasher operation) require hot water
delivered at 130 °F to 140 °F (54 °C to
60 °C) for effective operation. While
most of these machines contain booster
heaters that can increase the water
temperature, there are some machines
not so equipped that require the water
heater to be set to a higher temperature
in order to operate properly.
Additionally, concerns exist about the
potential for the growth of Legionella in
hot water stored below 135 °F (57 °C).
ASHRAE Guideline 12, ‘‘Minimizing the
Risk of Legionellosis Associated with
Building Water Systems,’’ 8 states that
the temperature range most favorable for
amplification of legionellae bacteria is
77–108 °F (25–42 °C), and that
document recommends that when
practical, hot water should be stored at
temperatures of 120 °F (49 °C) or above.
However, the guideline also states that
for high-risk situations (such as in
health care facilities and nursing
homes), hot water should be stored
above 140 °F (60 °C).
DOE believes the test procedure for
residential water heaters should be
representative of the conditions
typically encountered in the field. DOE
also recognizes that not all water heaters
in the field will be set at 135 °F (57 °C),
because the majority of water heaters are
shipped pre-set at 120 °F (49 °C), and
DOE does not believe most consumers
change their water heaters’ set points.
DOE seeks comment on the appropriate
set point temperature for the residential
water heater test procedure.
b. Ambient Temperature and Relative
Humidity
The residential water heater test
procedure generally requires that testing
be performed in an environment fixed at
67.5 °F +/¥ 2.5 °F (19.7 °C +/¥ 1.4 °C).
For heat pump water heaters, however,
the environmental conditions are more
tightly constrained at 67.5 °F +/¥ 1 °F
(19.7 °C +/¥ 0.6 °C) and 50 percent +/
¥ 1 percent relative humidity, because
the heat pump water heater energy use
is highly dependent on the ambient
temperature and relative humidity.
Because water heaters are placed in a
wide variety of locations within and
outside of a home, and given the large
impact of these factors on heat pump
water heater efficiency, DOE plans to
reexamine the ambient air test
conditions specified in the test
procedure in order to assess whether the
currently-specified conditions are
8 For more information visit: https://
www.ashrae.org.
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representative of those conditions that
are typically encountered in residential
installations. Therefore, to help assess
the ambient temperature and relative
humidity requirements in the
residential water heater test procedure
for this rulemaking, DOE seeks
comment on the appropriate ambient
temperature and relative humidity
testing points and tolerances for all
types of residential water heaters.
5. Other Issues
DOE also seeks comments on other
relevant issues that would affect the test
procedures for residential water heaters.
Although DOE has attempted to identify
those portions of the test procedure
where it believes amendments may be
warranted, interested parties are
welcome to provide comments on any
aspect of the test procedure, including
updates of referenced standards, as part
of this comprehensive 7-year-review
rulemaking.
B. Test Procedure for Direct Heating
Equipment
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1. Vented Hearth Heaters
The vented home heating equipment
test procedures are codified at 10 CFR
430.23(o) and 10 CFR part 430, subpart
B, appendix O. Appendix O provides for
a complete evaluation of the efficiency
of vented direct heating equipment in
order to determine the product’s AFUE,
which is the regulating metric set by
EPCA. (42 U.S.C. 6291(22)(A)) In the
April 2010 final rule adopting energy
conservation standards for heating
products, DOE established a separate
product class of vented home heating
equipment for vented hearth heaters,
and determined that DOE’s test
procedures in Appendix O would apply
to vented hearth products.
DOE is interested in whether the test
procedure for vented home heating
equipment is being applied uniformly
for vented hearth heaters. This would
apply to both the actual testing
provisions and the application of the
equations to determine annual
efficiency (i.e., AFUE) and annual
energy consumption. DOE currently
believes that vented hearth heater
manufacturers can use the existing test
procedure provisions for manuallycontrolled vented heaters to produce
uniform and representative measures of
energy consumption and efficiency.
However, DOE also believes that
technical clarifications or other
improvements designed to avoid nonuniform application should always be
considered. To this end, DOE seeks
information on any clarification,
updates, or technical improvements that
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would allow for uniform and
representative measures of energy
consumption and efficiency across all
vented hearth heaters.
2. Other Issues
DOE also seeks comments on other
relevant issues that would affect the test
procedures for residential direct heating
equipment (both vented type and
unvented type). Although DOE has
attempted to identify those portions of
the test procedure where it believes
amendments may be warranted,
interested parties are welcome to
provide comments on any aspect of the
test procedure, including updates of
referenced standards, as part of this
comprehensive 7-year-review
rulemaking.
C. Test Procedure for Pool Heaters
1. Electric Pool Heaters
DOE’s test procedures for pool heaters
are found at 10 CFR 430.23(p) and 10
CFR part 430, subpart B, appendix P. In
its definition of ‘‘efficiency descriptor,’’
EPCA specifies that for pool heaters, the
efficiency descriptor shall be ‘‘thermal
efficiency.’’ (42 U.S.C. 6291(22)(E))
Further, EPCA defines the ‘‘thermal
efficiency of pool heaters’’ as the
‘‘measure of the heat in the water
delivered at the heater outlet divided by
the heat input of the pool heater as
measured under test conditions
specified in section 2.8.1 of the
American National Standard for Gas
Fired Pool Heaters, Z21.56–1986, or as
may be prescribed by the Secretary.’’ (42
U.S.C. 6291(26)) 9 As part of a recent test
procedure rulemaking, DOE proposed a
new efficiency metric for pool heaters,
titled ‘‘integrated thermal efficiency.’’
75 FR 52892, 52899–901 (August 30,
2010).10 The proposed integrated
thermal efficiency metric builds on the
existing thermal efficiency metric and
includes the additional electrical energy
consumption during standby mode and
off mode operation, as required by EISA
2007. (42 U.S.C. 6295(gg)(2)(A)) DOE
notes that because current energy
conservation standards for pool heaters
do not account for standby mode and off
mode energy use, manufacturers are not
required to certify compliance using the
integrated thermal efficiency metric at
this time. Until such time as compliance
is required with amended energy
9 In an August 2010 NOPR, DOE proposed to use
the most recent version of this standard, ANZI
Z21.56–2006. 75 FR 52892, 52899–901 (August 30,
2010).
10 DOE subsequently published an SNOPR for this
rulemaking on September 13, 2011. 76 FR 56347.
However, this SNOPR did not modify the proposal
for integrated thermal efficiency contained in the
August 2010 NOPR.
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63215
conservation standards that do account
for standby mode and off mode energy
consumption, manufacturers are to
continue using the thermal efficiency
metric for certification and compliance
purposes.
Certain types of pool heaters are
powered by energy sources other than
gas, and DOE believes that absent
modifications, the currently
incorporated ANSI Z21.56 test method
for gas-fired pool heaters may not be
appropriate for pool heaters that operate
with electricity (including heat pump
pool heaters) or oil. However, DOE
notes that its test procedure for pool
heaters at 10 CFR 430 Subpart B,
Appendix P already contains slight
modifications to allow the ANSI Z21.56
test method to be applied to oil-fired
pool heaters, and DOE does not believe
further action is necessary for those
products. In the December 2009 NOPR
for energy conservation standards for
heating products DOE determined that
as currently drafted, the DOE test
procedure for pool heaters is not
suitable for electric pool heaters
(including heat pump pool heaters),
largely based upon the fact that EPCA
specifies that ‘‘thermal efficiency’’ must
be the efficiency descriptor for these
products. DOE sought comment
regarding potential ways to apply a
thermal efficiency metric to electric
pool heaters (including heat pump pool
heaters). 74 FR 65852, 65866–67 (Dec.
11, 2009).
For electric pool heaters (including
those units using heat pump
technology), the relevant energy input is
electricity instead of gas. ‘‘Thermal
efficiency,’’ as determined using ANSI
Z21.56, is a measure of heat in the water
delivered at the heater outlet (in Btu/h)
divided by the heat input (in Btu/h) of
the fuel. It is possible to develop an
integrated thermal efficiency rating for a
heat pump pool heater by converting the
power input in watts to the input in
Btu/h. However, if such an integrated
thermal efficiency metric were applied
to heat pump pool heaters, DOE notes
that the numerical result would be
efficiency ratings of over 100 percent,
which may cause confusion for
consumers because heat pumps are
typically rated using industry standards
for Coefficient of Performance (COP). In
contrast, electric pool heaters that
operate with resistance heating (as
opposed to heat pump technology), are
typically rated with a thermal efficiency
metric. Consequently, the ratings for
electric pool heaters using these two
competing technologies are not always
directly comparable. Another
consideration for heat pump pool
heaters is that performance depends
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Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules
upon the ambient temperature and
humidity, so environmental conditions
for testing are much more important for
heat pump pool heaters than for gasfired pool heaters.
In light of the above, DOE tentatively
plans to update the pool heater test
procedures by adding provisions to
address electric heat pump pool heaters
through use of a COP performance
metric drawn from industry standards,
coupled with a separate conversion to
thermal efficiency (i.e., the regulating
metric specified in EPCA) and
integrated thermal efficiency (i.e., the
new regulating metric, as amended by
EISA 2007). Because there are currently
no energy conservation standards for
electric heat pump pool heaters, no
certification or reporting would be
required for those products until such
time as DOE sets minimum energy
conservation standards for those
products (which will include energy
consumption in active, standby, and off
modes). However, after a test method is
adopted for electric heat pump pool
heaters, manufacturers would be
required to use the DOE test method for
making efficiency representations and
would be able to use the COP metric,
the integrated thermal efficiency metric,
or both for making efficiency
representations during this interim
period. Compliance with the amended
test procedure for representations
purposes would be required 180 days
after the date of publication of the test
procedure final rule. Once DOE sets
energy conservation standards for pool
heaters, EPCA requires the use of the
thermal efficiency metric. Therefore, if
DOE were to set energy conservation
standards for heat pump pool heaters,
manufacturers would then be required
to rate their products using the
integrated thermal efficiency metric,
although they would still have the
option of making supplemental
representations of efficiency using the
COP metric.
DOE requests comment on the
applicability of the ANSI Z21.56 test
method for pool heaters that are
powered by energy sources other than
gas. Additionally, DOE seeks comment
on its tentative plans for updating the
pool heater test procedure to include
electric pool heaters and information on
potential methods to apply the
integrated thermal efficiency metric to
electric pool heaters (including heat
pump pool heaters).
2. Other Issues
DOE also seeks comments on other
relevant issues that would affect the test
procedures for residential pool heaters.
Although DOE has attempted to identify
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those portions of the test procedure
where it believes amendments may be
warranted, interested parties are
welcome to provide comments on any
aspect of the test procedure as part of
this comprehensive 7-year-review
rulemaking.
III. Public Participation
DOE invites all interested parties to
submit in writing by November 28,
2011, comments and information on
matters addressed in this notice and on
other matters relevant to DOE’s
consideration of amended test
procedures for residential water heaters,
direct heating equipment, and pool
heaters.
After the close of the comment period,
DOE will begin collecting data,
conducting relevant analyses, and
reviewing the public comments. These
actions will be taken to aid in the
development of a test procedure NOPR
for residential water heaters, direct
heating equipment, and pool heaters.
DOE considers public participation to
be a very important part of the process
for developing test procedures. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of the
rulemaking process. Interactions with
and between members of the public
provide a balanced discussion of the
issues and assist DOE in the rulemaking
process. Anyone who wishes to be
added to the DOE mailing list to receive
future notices and information about
this rulemaking should contact Ms.
Brenda Edwards at (202) 586–2945, or
via e-mail at
Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on September
29, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
[FR Doc. 2011–25815 Filed 10–11–11; 8:45 am]
BILLING CODE 6450–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AG26
Small Business Size Standards:
Information
U.S. Small Business
Administration.
ACTION: Proposed rule.
AGENCY:
The U.S. Small Business
Administration (SBA) proposes to
increase small business size standards
SUMMARY:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
for 15 industries in North American
Industry Classification System (NAICS)
Sector 51, Information. As part of its
ongoing comprehensive review of all
size standards, SBA has evaluated all
receipts based size standards in NAICS
Sector 51 to determine whether the
existing size standards should be
retained or revised. This proposed rule
is one of a series of proposals that
examines size standards of industries
grouped by NAICS Sector. The SBA
issued a White Paper entitled ‘‘Size
Standards Methodology’’ and published
a document in the October 21, 2009,
issue of the Federal Register that ‘‘Size
Standards Methodology’’ is available on
its Web site at https://www.sba.gov/size
for public review and comments. The
‘‘Size Standards Methodology’’ White
Paper explains how SBA establishes,
reviews and modifies its receipts based
and employee based small business size
standards. In this proposed rule, SBA
has applied its methodology that
pertains to establishing, reviewing and
modifying a receipts based size
standard.
SBA must receive comments to
this proposed rule on or before
December 12, 2011.
ADDRESSES: You may submit comments,
identified by RIN 3245–AF26, by one of
the following methods: (1) Federal
eRulemaking Portal: https://
www.regulations.gov; follow the
instructions for submitting comments;
or, (2) Mail/Hand Delivery/Courier:
Khem R. Sharma, PhD, Chief, Size
Standards Division, 409 Third Street,
SW, Mail Code 6530, Washington, DC
20416. The SBA will not accept
comments submitted by e-mail.
SBA will post all comments to this
proposed rule on https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.regulations.gov,
you must submit such information to
U.S. Small Business Administration,
Khem R. Sharma, PhD, Chief, Size
Standards Division, 409 Third Street,
SW, Mail Code 6530, Washington, DC
20416, or send an e-mail to
sizestandards@sba.gov. You should
highlight the information that you
consider to be CBI and explain why you
believe SBA should hold this
information as confidential. The SBA
will review your information and
determine whether it will make the
information public or not.
FOR FURTHER INFORMATION CONTACT:
Khem R. Sharma, PhD, Chief, Size
Standards Division, (202) 205–6618 or
sizestandards@sba.gov.
DATES:
E:\FR\FM\12OCP1.SGM
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Agencies
[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Proposed Rules]
[Pages 63211-63216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25815]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2011-BT-TP-0042]
RIN 1904-AC53
Energy Efficiency Program: Test Procedures for Residential Water
Heaters, Direct Heating Equipment, and Pool Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: Through this Request for Information (RFI), the U.S.
Department of Energy (DOE) is initiating a rulemaking and data
collection process to consider amendments to DOE's test procedures for
residential water heaters, direct heating equipment, and pool heaters.
This rulemaking is intended to fulfill DOE's statutory obligation to
review its test procedures for covered products at least once every
seven years. To inform interested parties and to facilitate the
process, DOE has gathered data and has identified several issues that
might warrant modifications to the current applicable test procedures,
including topics on which DOE is particularly interested in receiving
comment. In overview, the issues outlined in this document mainly
concern the scope, draw patterns, and test conditions for residential
water heaters, possible clarifications and improvement of the direct
heating equipment test procedures as applied to vented hearth heaters,
and coverage of electric pool heaters. Additionally, this RFI briefly
discusses and seeks input on certain potential changes to the test
procedures for these products that DOE anticipates may be included in a
subsequent notice of proposed rulemaking (NOPR). DOE welcomes written
comments from the public on any subject related to the test procedures
for residential heating products (including topics not specifically
raised in this RFI).
DATES: Written comments and information are requested on or before
November 28, 2011.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2011-BT-
TP-0042 and/or RIN 1904-AC53, by any of the following methods:
E-mail: HeatingProducts-2011-TP-0042@ee.doe.gov. Include
EERE-2011-BT-TP-0042 and/or RIN 1904-AC53 in the subject line of the
message. Submit electronic comments in WordPerfect, Microsoft Word,
PDF, or ASCII file format, and avoid the use of special characters or
any form of encryption.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue, SW., Washington, DC 20585- 0121. Telephone: (202)
586-2945. If possible, please submit all items on a compact disc (CD),
in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 6th
Floor, 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.
All submissions received must include the agency name and docket
number and/or RIN for this rulemaking. No telefacsimilies (faxes) will
be accepted. For detailed instructions on submitting comments and
additional information on the rulemaking process, see section III of
this document (Public Participation).
Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
may be sent to 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, 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. Authority and Background
II. Discussion
A. Test Procedure for Residential Water Heaters
1. Scope
a. Water Heaters With Storage Volumes Between 2 Gallons (7.6 L)
and 20 Gallons (76 L)
b. Electric Instantaneous Water Heaters
c. Storage Water Heaters With Very Large Storage Capacities
2. Draw Pattern
3. Discrete Performance Tests
4. Test Conditions
a. Water Delivery Temperature
b. Ambient Temperature and Relative Humidity
5. Other Issues
B. Test Procedure for Direct Heating Equipment
1. Vented Hearth Heaters
2. Other Issues
C. Test Procedure for Pool Heaters
1. Electric Pool Heaters
2. Other Issues
III. Public Participation
I. Authority and Background
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (42 U.S.C. 6291-6309,
as codified) sets forth a variety of provisions designed to improve
energy efficiency and establishes the Energy Conservation Program for
Consumer Products Other Than Automobiles.\2\ These include residential
water heaters, direct heating equipment, and pool heaters (or
collectively, ``heating products''), the subject of today's notice. (42
U.S.C. 6292(a)(4),(9), and (11))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\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 (Dec. 19, 2007).
---------------------------------------------------------------------------
Under EPCA, this program generally consists of four parts: (1)
Testing; (2) labeling; (3) establishing Federal energy conservation
standards; and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that
[[Page 63212]]
manufacturers of covered products must use as both the basis for
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA, and for making
representations about the efficiency of those products. (42 U.S.C.
6293(c); 42 U.S.C. 6295(s)) Similarly, DOE must use these test
requirements to determine whether the products comply with any relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides, in relevant part, that any test
procedures prescribed or amended under this section must be reasonably
designed to produce test results which measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use, and must
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine the extent to which the proposed test
procedure would alter the product's measured energy efficiency. (42
U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure
would significantly alter the measured efficiency of a covered product,
DOE must amend the applicable energy conservation standard accordingly.
(42 U.S.C. 6293(e)(2))
Further, the Energy Independence and Security Act of 2007 (EISA
2007) amended EPCA to require that at least once every 7 years, DOE
must review test procedures for all covered products and either amend
test procedures (if the Secretary determines that amended test
procedures would more accurately or fully comply with the requirements
of 42 U.S.C. 6293(b)(3)) or publish notice in the Federal Register of
any determination not to amend a test procedure. (42 U.S.C.
6293(b)(1)(A)) Under this requirement, DOE must review the test
procedures for the various types of heating products not later than
December 19, 2014 (i.e., 7 years after the enactment of EISA 2007).
Thus, the final rule resulting from this rulemaking will satisfy the
requirement to review the test procedures for heating products within
seven years of the enactment of EPCA.
DOE's test procedures for residential water heaters are found in
the Code of Federal Regulations (CFR) at 10 CFR 430.23(e) and 10 CFR
part 430, subpart B, appendix E. The test procedures include provisions
for determining the energy efficiency (energy factor (EF)), as well as
the annual energy consumption of these products.
There are separate test procedures for the two types of direct
heating equipment (i.e., vented home heating equipment and unvented
home heating equipment), specifically 10 CFR 430.23(g) and 10 CFR part
430, subpart B, appendix G for unvented home heating equipment, and 10
CFR 430.23(o) and 10 CFR part 430, subpart B, appendix O for vented
home heating equipment. (Hereafter in this notice, the terms ``vented
heater'' and ``unvented heater'' are used as shorthand to describe the
two types of direct heating equipment.) The vented heater test
procedures include provisions for determining energy efficiency (annual
fuel utilization efficiency (AFUE)), as well as annual energy
consumption. The unvented heater test procedures currently have no
provisions for determining energy efficiency, as all unvented heaters
are considered 100-percent efficient. However, for unvented heaters
that are the primary heating source for the home, there is a
calculation of annual energy consumption based on a single assignment
of active mode hours. For unvented heaters that are not the primary
heating source for the home, there are no calculation provisions for
either efficiency or annual energy consumption. Given that unvented
heaters are considered 100-percent efficient, DOE has not established a
test procedure for determining energy efficiency of these products (and
thus, has not established energy conservation standards for these
products), as there would be no energy savings that would result from
such actions.
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test
procedures include provisions for determining two energy efficiency
descriptors (i.e., thermal efficiency and pool heater heating seasonal
efficiency), as well as seasonal energy consumption.
In addition to the test procedure review provision discussed above,
EISA 2007 also amended EPCA to require DOE to amend its test procedures
for all covered products to include measurement of standby mode and off
mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Consequently, DOE
is currently conducting a rulemaking to amend the test procedures for
residential water heaters, direct heating equipment, and pool heaters
to include provisions for measuring the standby mode and off mode
energy consumption of those products. DOE published a NOPR in the
Federal Register on August 30, 2010, which proposed updates to the DOE
test procedures for heating products to address the standby mode and
off mode test procedure requirements under EPCA.\3\ 75 FR 52892. DOE
published a supplemental notice of proposed rulemaking (SNOPR) in the
Federal Register on September 13, 2011, which calls for the use of the
second edition of International Electrotechnical Commission (IEC)
Standard 62301, ``Household Electrical Appliances--Measurement of
standby power,'' in lieu of the first edition and also provides
guidance on rounding and sampling. 76 FR 56347. However, that
rulemaking was limited to the proposed test procedure updates to
address the above-referenced standby mode and off mode requirements,
and consequently, it did not address several other potential issues in
DOE's existing test procedures for heating products. DOE plans to
address these non-standby/off mode issues separately in this
rulemaking. The potential issues that DOE has preliminarily identified
and plans to address in this rulemaking are discussed in detail below
in section II of this RFI.
---------------------------------------------------------------------------
\3\ For more information, please visit DOE's Web site at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/waterheaters.html.
---------------------------------------------------------------------------
II. Discussion
A. Test Procedure for Residential Water Heaters
1. Scope
DOE's test procedures for water heaters codified at 10 CFR
430.23(e) and 10 CFR part 430, subpart B, appendix E address gas-fired,
electric, and oil-fired storage-type (i.e., storage volume not less
than 20 gallons (76 L)) and gas-fired and electric instantaneous-type
(i.e., storage volume less than 2 gallons (7.6 L)) water heaters.
However, the procedure does not define electric instantaneous water
heaters. In addition, it does not address the following types of
products: (1) Gas-fired water heaters that have a storage volume at or
above 2 gallons and less than 20 gallons (76 L); (2) electric storage
water heaters with storage volume less than 20 gallons (76 L); and (3)
storage water heaters with very large storage capacities, including
oil-fired water heaters with storage volumes greater than 50 gallons
(190 L), gas-fired water heaters with storage volumes above 100 gallons
(379 L), and electric
[[Page 63213]]
water heaters with storage volumes above 120 gallons (454 L). For this
rulemaking, DOE is considering an expansion of the scope of the test
procedure to include definitions and test methods for these types of
products.
a. Water Heaters With Storage Volumes Between 2 Gallons (7.6 L) and 20
Gallons (76 L)
DOE's current test procedures are not applicable to water heaters
with storage tanks that are at or above 2 gallons (7.6 L) and less than
20 gallons (76 L). In recent years, however, water heaters with such
capacities have begun to populate the market. The definitions in the
test procedure specify that instantaneous-type water heaters have a
storage volume of less than two gallons (7.6 L) and that storage-type
water heaters have a storage volume of 20 gallons (76 L) or more. 10
CFR part 430, subpart B, appendix E, sections 1.7 and 1.12. The
definition for ``Storage-type Water Heater of More than 2 Gallons (7.6
Liters) and Less than 20 Gallons (76 Liters)'' is currently reserved.
Id. at section 1.12.5. DOE is tentatively planning to address this gap
in coverage by prescribing definitions and test procedures specifically
for water heaters with storage volumes at or above 2 gallons (7.6 L)
and less than 20 gallons (76 L). DOE seeks comment on the need for test
procedures for products in this size range, as well as factors that
should be considered when establishing a definition and test procedures
for water heaters with storage volumes at or above 2 gallons (7.6 L)
and 20 gallons (76 L). Additionally, DOE seeks comment on the need to
characterize water heaters by attributes other than storage volume,
such as heating or delivery capacity.
b. Electric Instantaneous Water Heaters
DOE's current test procedures do not contain a definition for
electric instantaneous water heaters, but rather have a space reserved
to define them. 10 CFR part 430, subpart B, appendix E, section 1.7.1.
However, EPCA defines electric instantaneous water heaters as having an
input capacity of 12 kW or less, which impacts scope of coverage. (42
U.S.C. 6291(27)(B)) Electric instantaneous water heaters are tankless
water heaters (with storage volumes at or below 2 gallons (7.6 L)) that
utilize electric heating elements to heat water on demand. The heating
power required for electric instantaneous water heaters intended for
whole home applications is typically much higher than the power
capability commonly found in storage-type electric water heaters. Given
the emergence of electric instantaneous water heaters on the market,
DOE is tentatively planning to address this gap in the test procedure
by prescribing a definition specifically for electric instantaneous
water heaters. DOE seeks comment on the need for a definition for these
products. Although DOE is bound by EPCA to limit its regulations to
units with an input capacity of no more than 12kW, it also seeks
comment on other factors to consider when establishing a definition for
electric instantaneous water heaters.
Additionally, DOE notes that the 24-hour simulated use test in
DOE's test procedure for instantaneous water heaters at 10 CFR 430,
Subpart B, Appendix E, section 5.2.4 is titled ``24-hour Simulated Use
Test for Gas Instantaneous Water Heaters.'' However, upon reviewing the
procedure in section 5.2.4 and the corresponding calculations in
section 6 of the test procedure, DOE believes the test method is also
applicable for electric instantaneous water heaters and is currently
being used to determine the energy factor of those products. DOE plans
to propose modifying section 5.2.4 to clarify the method for testing
electric instantaneous water heaters and prevent confusion. DOE will
also consider whether additional provisions may help clarify the test
procedure as it applies to electric instantaneous water heaters. DOE
seeks comments on the need to update its test procedure for determining
the energy efficiency of electric instantaneous water heaters.
c. Storage Water Heaters With Very Large Storage Capacities
The current DOE test procedure for residential water heaters only
applies to gas-fired water heaters with storage volumes less than or
equal to 100 gallons (379 L), electric storage water heaters with
storage volumes less than or equal to 120 gallons (454 L), and oil-
fired water heaters with storage volumes less than or equal to 50
gallons (190 L). 10 CFR part 430, subpart B, appendix E, sections
1.12.1, 1.12.2, and 1.12.4. In defining storage type water heaters,
EPCA covers residential gas-fired storage water heaters with an input
of 75,000 Btu per hour or less, electric storage water heaters with an
input of 12 kilowatts or less, and oil-fired storage water heaters that
have an input rating of 105,000 Btu/h or less. (42 U.S.C. 6291(27)(A))
DOE is not aware of any residential water heaters available on the
market with storage volumes above 100 gallons, 120 gallons, and 50
gallons for gas-fired, electric, and oil-fired water heaters,
respectively, that would be covered as residential products under EPCA.
Due to the lack of water heaters with very large storage volumes that
meet the definition of a residential water heater, DOE believes it is
unnecessary to expand the scope of the test procedure to include gas-
fired products over 100 gallons, electric products over 120 gallons, or
oil-fired products over 50 gallons, and seeks comment on this
conclusion.
2. Draw Pattern
The current residential water heater test procedure includes a 24-
hour simulated-use test for determining energy factor. 10 CFR part 430,
subpart B, appendix E, sections 5.1.5 and 5.2.4. The 24-hour test
specifies that 6 draws of equal volume be removed from the water heater
in the first 6 hours of the test for a total draw of 64.3 gallons (243
L). Following the six draws, the water heater sits in an idle mode for
the duration of the 24-hour test. Id. The draw pattern is the same
regardless of the characteristics (e.g., storage volume, input
capacity) of the water heater.
Recent data 4 5 6 suggest that the draw pattern can
impact the energy factor of a water heater and can potentially offer an
advantage to one type of water heater technology over another. In
addition, these studies suggest that the existing draw pattern in the
simulated use test may not be representative of actual draw patterns to
which water heaters are subjected in the field. DOE recognizes that
different water heaters will be subjected to different field demands
(consumer usage patterns) because of their operational or performance
differences. For example, it is a reasonable expectation that a small-
volume storage water heater (e.g., 30 gallons) designed for low-
occupancy dwellings would not have to meet or be subjected to the same
hot water demand or usage pattern that a large-volume water heater
(e.g., 75 gallon) is designed to accommodate. Given this understanding,
if DOE continues to use a simulated use test (DOE is also considering a
series of discrete tests to replace the simulated use test; see section
II.A.3 below), DOE will consider revising the draw pattern to be more
representative of typical usage patterns
[[Page 63214]]
experienced in the field. DOE may also consider amendments to its test
procedure to provide for different draw patterns for different water
heaters based upon the characteristics of each water heater, such as
the amount of hot water the unit can provide, the storage volume, or
the heating rate (i.e., input rate). DOE seeks comments on possible
improvements that could be made to DOE's existing 24-hour simulated use
test procedure for water heaters. In particular, DOE seeks comments on
typical residential hot water usage patterns (e.g., the number of draws
during a day's use, the timing of and spacing between those draws, the
lengths of the draws, the flow rates at which those draws are taken)
and considerations for establishing different draw patterns based on
differing water heater characteristics.
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\4\ Healy, WM, Ullah, T, and Roller, J., ``Input-Output Approach
to Predicting the Energy Efficiency of Residential Water Heaters--
Testing of Gas Tankless and Electric Storage Water Heaters,'' ASHRAE
Transactions 117 (2011).
\5\ Hoeschele, M.A. and Springer, D.A. ``Field and Laboratory
Testing of Gas Tankless Water Heater Performance,'' ASHRAE
Transactions 114 (2): 453-461 (2008).
\6\ Bohac, D, Schoenbauer, B., Hewett, M., Lobenstein, M.S.,
Butcher, T. ``Actual Savings and Performance of Natural Gas Tankless
Water Heaters,''. Center for Energy and Environment Report for
Minnesota Office of Energy Security (August 30, 2010).
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3. Discrete Performance Tests
As noted above, DOE is considering a series of discrete tests as an
alternative approach to using a 24-hour simulated use test in
determining energy factor for residential water heaters. The results of
the discrete tests would be used as inputs into an algorithm to
calculate the energy factor. The discrete tests would determine factors
such as thermal efficiency (or coefficient of performance (COP)),
recovery efficiency, standby energy loss coefficient, and cycling
losses. The results of these tests, and possibly other tests, could
then be mathematically combined to calculate an energy factor rating.
DOE believes that using the mathematically-combined results of
discrete tests to calculate energy factor offers several benefits, but
it also has some drawbacks when compared to using a 24-hour simulated
use test. Discrete tests may lead to simpler, more repeatable tests,
and DOE tentatively believes the results of discrete tests could
potentially be used as inputs to simulation models for predicting
energy consumption and that an array of different installations and
field conditions could be modeled. However, DOE is uncertain of the
feasibility of characterizing water heaters and developing an energy
factor algorithm based on empirical data because it is not aware of any
such algorithms that have been thoroughly proven to be effective at
estimating the energy factor. Another challenge would be that the tests
may need to vary for different technologies, thereby raising possible
concerns about test equitability. DOE also notes that a simulated use
test has the advantage of placing the same demand on any water heater
suitable for a particular application, thereby arguably leading to a
more equitable test. DOE seeks comments on the benefits and drawbacks
of using a series of discrete performance tests in place of the current
24-hour simulated use test for determining the energy factor of
residential water heaters. DOE also requests comments on the
feasibility and equitability of a series of discrete tests and possible
approaches for establishing discrete tests that can result in an energy
factor rating.
4. Test Conditions
a. Water Delivery Temperature
The current residential water heater test procedure calls for hot
water to be delivered at 135 [deg]F +/- 5 [deg]F (57.2 [deg]C +/- 2.8
[deg]C). 10 CFR part 430, subpart B, appendix E, section 2.4. However,
the Underwriters Laboratories (UL) standards specify that manufacturers
must ship residential water heaters with thermostats set at
temperatures no greater than 125 [deg]F (52 [deg]C) to safeguard
against scalding hazards. (UL 174, Standard for Household Electrical
Storage Tank Water Heaters, Underwriters Laboratories (April 29, 2004))
DOE's research suggests that the majority of water heaters are shipped
with the thermostat preset to 120 [deg]F (49 [deg]C). In the analysis
for the April 2010 final rule amending energy conservation standards
for water heaters, the Department estimated that the average set point
temperature for a residential water heater was 124.2 [deg]F (51.2
[deg]C), with an estimated 61 percent of water heaters being installed
with a set point at 120 [deg]F (49 [deg]C). (For more information see
chapter 7 of the technical support document (TSD) for DOE's April 16,
2010 final rule (75 FR 20112) for energy conservation standards for
residential heating products.\7\)
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\7\ Docket number EE-2006-BT-STD-0129. The TSD is available
online at: https://www.eere.energy.gov/buildings/appliance_standards/residential/heating_products_fr_tsd.html.
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The set point impacts the performance of various types of water
heaters differently, and as a result, DOE plans to reexamine the
appropriateness of the set point specifications in the test procedure.
A higher delivery temperature has a disproportionately large and
negative impact on heat pump water heater efficiency, because heat pump
water heaters can have markedly different performance at elevated
stored water temperature compared to temperatures more representative
of typical residential usage. For other types of water heaters, heat
transfer characteristics between the heating source and the water may
differ at lower delivery temperatures, thereby affecting efficiency.
DOE notes that some end uses (e.g., dishwasher operation) require
hot water delivered at 130 [deg]F to 140 [deg]F (54 [deg]C to 60
[deg]C) for effective operation. While most of these machines contain
booster heaters that can increase the water temperature, there are some
machines not so equipped that require the water heater to be set to a
higher temperature in order to operate properly. Additionally, concerns
exist about the potential for the growth of Legionella in hot water
stored below 135 [deg]F (57 [deg]C). ASHRAE Guideline 12, ``Minimizing
the Risk of Legionellosis Associated with Building Water Systems,'' \8\
states that the temperature range most favorable for amplification of
legionellae bacteria is 77-108 [deg]F (25-42 [deg]C), and that document
recommends that when practical, hot water should be stored at
temperatures of 120 [deg]F (49 [deg]C) or above. However, the guideline
also states that for high-risk situations (such as in health care
facilities and nursing homes), hot water should be stored above 140
[deg]F (60 [deg]C).
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\8\ For more information visit: https://www.ashrae.org.
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DOE believes the test procedure for residential water heaters
should be representative of the conditions typically encountered in the
field. DOE also recognizes that not all water heaters in the field will
be set at 135 [deg]F (57 [deg]C), because the majority of water heaters
are shipped pre-set at 120 [deg]F (49 [deg]C), and DOE does not believe
most consumers change their water heaters' set points. DOE seeks
comment on the appropriate set point temperature for the residential
water heater test procedure.
b. Ambient Temperature and Relative Humidity
The residential water heater test procedure generally requires that
testing be performed in an environment fixed at 67.5 [deg]F +/- 2.5
[deg]F (19.7 [deg]C +/- 1.4 [deg]C). For heat pump water heaters,
however, the environmental conditions are more tightly constrained at
67.5 [deg]F +/- 1 [deg]F (19.7 [deg]C +/- 0.6 [deg]C) and 50 percent +/
- 1 percent relative humidity, because the heat pump water heater
energy use is highly dependent on the ambient temperature and relative
humidity. Because water heaters are placed in a wide variety of
locations within and outside of a home, and given the large impact of
these factors on heat pump water heater efficiency, DOE plans to
reexamine the ambient air test conditions specified in the test
procedure in order to assess whether the currently-specified conditions
are
[[Page 63215]]
representative of those conditions that are typically encountered in
residential installations. Therefore, to help assess the ambient
temperature and relative humidity requirements in the residential water
heater test procedure for this rulemaking, DOE seeks comment on the
appropriate ambient temperature and relative humidity testing points
and tolerances for all types of residential water heaters.
5. Other Issues
DOE also seeks comments on other relevant issues that would affect
the test procedures for residential water heaters. Although DOE has
attempted to identify those portions of the test procedure where it
believes amendments may be warranted, interested parties are welcome to
provide comments on any aspect of the test procedure, including updates
of referenced standards, as part of this comprehensive 7-year-review
rulemaking.
B. Test Procedure for Direct Heating Equipment
1. Vented Hearth Heaters
The vented home heating equipment test procedures are codified at
10 CFR 430.23(o) and 10 CFR part 430, subpart B, appendix O. Appendix O
provides for a complete evaluation of the efficiency of vented direct
heating equipment in order to determine the product's AFUE, which is
the regulating metric set by EPCA. (42 U.S.C. 6291(22)(A)) In the April
2010 final rule adopting energy conservation standards for heating
products, DOE established a separate product class of vented home
heating equipment for vented hearth heaters, and determined that DOE's
test procedures in Appendix O would apply to vented hearth products.
DOE is interested in whether the test procedure for vented home
heating equipment is being applied uniformly for vented hearth heaters.
This would apply to both the actual testing provisions and the
application of the equations to determine annual efficiency (i.e.,
AFUE) and annual energy consumption. DOE currently believes that vented
hearth heater manufacturers can use the existing test procedure
provisions for manually-controlled vented heaters to produce uniform
and representative measures of energy consumption and efficiency.
However, DOE also believes that technical clarifications or other
improvements designed to avoid non-uniform application should always be
considered. To this end, DOE seeks information on any clarification,
updates, or technical improvements that would allow for uniform and
representative measures of energy consumption and efficiency across all
vented hearth heaters.
2. Other Issues
DOE also seeks comments on other relevant issues that would affect
the test procedures for residential direct heating equipment (both
vented type and unvented type). Although DOE has attempted to identify
those portions of the test procedure where it believes amendments may
be warranted, interested parties are welcome to provide comments on any
aspect of the test procedure, including updates of referenced
standards, as part of this comprehensive 7-year-review rulemaking.
C. Test Procedure for Pool Heaters
1. Electric Pool Heaters
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. In its definition
of ``efficiency descriptor,'' EPCA specifies that for pool heaters, the
efficiency descriptor shall be ``thermal efficiency.'' (42 U.S.C.
6291(22)(E)) Further, EPCA defines the ``thermal efficiency of pool
heaters'' as the ``measure of the heat in the water delivered at the
heater outlet divided by the heat input of the pool heater as measured
under test conditions specified in section 2.8.1 of the American
National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as may be
prescribed by the Secretary.'' (42 U.S.C. 6291(26)) \9\ As part of a
recent test procedure rulemaking, DOE proposed a new efficiency metric
for pool heaters, titled ``integrated thermal efficiency.'' 75 FR
52892, 52899-901 (August 30, 2010).\10\ The proposed integrated thermal
efficiency metric builds on the existing thermal efficiency metric and
includes the additional electrical energy consumption during standby
mode and off mode operation, as required by EISA 2007. (42 U.S.C.
6295(gg)(2)(A)) DOE notes that because current energy conservation
standards for pool heaters do not account for standby mode and off mode
energy use, manufacturers are not required to certify compliance using
the integrated thermal efficiency metric at this time. Until such time
as compliance is required with amended energy conservation standards
that do account for standby mode and off mode energy consumption,
manufacturers are to continue using the thermal efficiency metric for
certification and compliance purposes.
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\9\ In an August 2010 NOPR, DOE proposed to use the most recent
version of this standard, ANZI Z21.56-2006. 75 FR 52892, 52899-901
(August 30, 2010).
\10\ DOE subsequently published an SNOPR for this rulemaking on
September 13, 2011. 76 FR 56347. However, this SNOPR did not modify
the proposal for integrated thermal efficiency contained in the
August 2010 NOPR.
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Certain types of pool heaters are powered by energy sources other
than gas, and DOE believes that absent modifications, the currently
incorporated ANSI Z21.56 test method for gas-fired pool heaters may not
be appropriate for pool heaters that operate with electricity
(including heat pump pool heaters) or oil. However, DOE notes that its
test procedure for pool heaters at 10 CFR 430 Subpart B, Appendix P
already contains slight modifications to allow the ANSI Z21.56 test
method to be applied to oil-fired pool heaters, and DOE does not
believe further action is necessary for those products. In the December
2009 NOPR for energy conservation standards for heating products DOE
determined that as currently drafted, the DOE test procedure for pool
heaters is not suitable for electric pool heaters (including heat pump
pool heaters), largely based upon the fact that EPCA specifies that
``thermal efficiency'' must be the efficiency descriptor for these
products. DOE sought comment regarding potential ways to apply a
thermal efficiency metric to electric pool heaters (including heat pump
pool heaters). 74 FR 65852, 65866-67 (Dec. 11, 2009).
For electric pool heaters (including those units using heat pump
technology), the relevant energy input is electricity instead of gas.
``Thermal efficiency,'' as determined using ANSI Z21.56, is a measure
of heat in the water delivered at the heater outlet (in Btu/h) divided
by the heat input (in Btu/h) of the fuel. It is possible to develop an
integrated thermal efficiency rating for a heat pump pool heater by
converting the power input in watts to the input in Btu/h. However, if
such an integrated thermal efficiency metric were applied to heat pump
pool heaters, DOE notes that the numerical result would be efficiency
ratings of over 100 percent, which may cause confusion for consumers
because heat pumps are typically rated using industry standards for
Coefficient of Performance (COP). In contrast, electric pool heaters
that operate with resistance heating (as opposed to heat pump
technology), are typically rated with a thermal efficiency metric.
Consequently, the ratings for electric pool heaters using these two
competing technologies are not always directly comparable. Another
consideration for heat pump pool heaters is that performance depends
[[Page 63216]]
upon the ambient temperature and humidity, so environmental conditions
for testing are much more important for heat pump pool heaters than for
gas-fired pool heaters.
In light of the above, DOE tentatively plans to update the pool
heater test procedures by adding provisions to address electric heat
pump pool heaters through use of a COP performance metric drawn from
industry standards, coupled with a separate conversion to thermal
efficiency (i.e., the regulating metric specified in EPCA) and
integrated thermal efficiency (i.e., the new regulating metric, as
amended by EISA 2007). Because there are currently no energy
conservation standards for electric heat pump pool heaters, no
certification or reporting would be required for those products until
such time as DOE sets minimum energy conservation standards for those
products (which will include energy consumption in active, standby, and
off modes). However, after a test method is adopted for electric heat
pump pool heaters, manufacturers would be required to use the DOE test
method for making efficiency representations and would be able to use
the COP metric, the integrated thermal efficiency metric, or both for
making efficiency representations during this interim period.
Compliance with the amended test procedure for representations purposes
would be required 180 days after the date of publication of the test
procedure final rule. Once DOE sets energy conservation standards for
pool heaters, EPCA requires the use of the thermal efficiency metric.
Therefore, if DOE were to set energy conservation standards for heat
pump pool heaters, manufacturers would then be required to rate their
products using the integrated thermal efficiency metric, although they
would still have the option of making supplemental representations of
efficiency using the COP metric.
DOE requests comment on the applicability of the ANSI Z21.56 test
method for pool heaters that are powered by energy sources other than
gas. Additionally, DOE seeks comment on its tentative plans for
updating the pool heater test procedure to include electric pool
heaters and information on potential methods to apply the integrated
thermal efficiency metric to electric pool heaters (including heat pump
pool heaters).
2. Other Issues
DOE also seeks comments on other relevant issues that would affect
the test procedures for residential pool heaters. Although DOE has
attempted to identify those portions of the test procedure where it
believes amendments may be warranted, interested parties are welcome to
provide comments on any aspect of the test procedure as part of this
comprehensive 7-year-review rulemaking.
III. Public Participation
DOE invites all interested parties to submit in writing by November
28, 2011, comments and information on matters addressed in this notice
and on other matters relevant to DOE's consideration of amended test
procedures for residential water heaters, direct heating equipment, and
pool heaters.
After the close of the comment period, DOE will begin collecting
data, conducting relevant analyses, and reviewing the public comments.
These actions will be taken to aid in the development of a test
procedure NOPR for residential water heaters, direct heating equipment,
and pool heaters.
DOE considers public participation to be a very important part of
the process for developing test procedures. DOE actively encourages the
participation and interaction of the public during the comment period
in each stage of the rulemaking process. Interactions with and between
members of the public provide a balanced discussion of the issues and
assist DOE in the rulemaking process. Anyone who wishes to be added to
the DOE mailing list to receive future notices and information about
this rulemaking should contact Ms. Brenda Edwards at (202) 586-2945, or
via e-mail at Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on September 29, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-25815 Filed 10-11-11; 8:45 am]
BILLING CODE 6450-01-P