Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Energy Conservation Standards for Residential Water Heaters, 35299-35304 [2012-14402]
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Proposed Rules
Federal Register
Vol. 77, No. 114
Wednesday, June 13, 2012
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2012–BT–STD–0022]
RIN 1904–AC78
Energy Conservation Program for
Consumer Products and Certain
Commercial and Industrial Equipment:
Energy Conservation Standards for
Residential Water Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (DOE) is requesting data and
information about the impact of its
recently amended energy conservation
standards for residential electric water
heaters on utility programs that use
high-storage-volume (above 55 gallons)
electric storage water heaters to reduce
peak electricity demand. DOE amended
its standards for residential water
heaters on April 16, 2010, and
compliance with the amended standards
is required beginning on April 16, 2015.
Of particular relevance, the amended
standards for residential water heaters
raised the minimum requirements for
electric storage water heaters with
storage volumes above 55 gallons to
levels that are currently achieved
through the use of heat pump water
heater technology. Utilities have
expressed concerns that the amended
levels will negatively impact programs
designed to reduce peak energy demand
by heating water only during off-peak
times and storing the water for use
during peak demand periods. This
request for information solicits feedback
on the effects of the amended energy
conservation standards for electric
storage water heaters on such utility
programs.
DATES: DOE will accept written
comments, data, and information on this
notice until July 13, 2012.
ADDRESSES: Interested persons are
encouraged to submit comments using
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SUMMARY:
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the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2012–BT–0022 and/or
RIN 1904–AC78, by any of the following
methods:
• Email: ResWaterHtrsRFI-2012-STD0022@ee.doe.gov. Include EERE–2012–
BT–0022 and/or RIN 1904–AC78 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: The docket for this
rulemaking 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: https://www.regulations.gov/#!
docketDetail;dct=FR+PR+N+
O+SR+PS;rpp=50;so=DESC;sb=posted
Date;po=0;D=EERE-2012-BT-STD-0022.
The www.regulations.gov web page will
contain simple instructions on how to
access all documents, including public
comments, in the docket.
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For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Armstrong, 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) 586–6590. Email:
Ashley.Armstrong@ee.doe.gov.
Mr. Ari Altman, U.S. Department of
Energy, Office of the General Counsel,
Mailstop GC–71, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Telephone: (202) 287–6307.
Email: Ari.Altman@hq.doe.govmailto:.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Statutory Authority
B. Background
II. Discussion
A. Description of Utility Electric Thermal
Storage Programs for Water Heaters
B. Discussion of Utility Company Concerns
With April 2010 Water Heater Standards
III. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
I. Introduction
The following section briefly
discusses the statutory authority
underlying the U.S. Department of
Energy’s (DOE’s) standards for
residential water heaters, as well as
some of the relevant historical
background related to the establishment
of standards for residential water
heaters.
A. Statutory Authority
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 a program covering
most major household appliances
(collectively referred to as ‘‘covered
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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products’’), which includes the types of
residential water heaters that are the
subject of today’s notice. (42 U.S.C.
6292(a)(4)) EPCA prescribed energy
conservation standards for these
products (42 U.S.C. 6295(e)(1)) and
directed DOE to conduct two cycles of
rulemakings to determine whether to
amend standards. (42 U.S.C. 6295(e)(4))
Furthermore, under 42 U.S.C. 6295(m),
the agency must periodically review its
already established energy conservation
standards for a covered product. Under
this requirement, the next review that
DOE would need to conduct must occur
no later than six years from the issuance
of a final rule establishing or amending
a standard for a covered product.
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 Federal Trade
Commission (FTC) is primarily
responsible for labeling consumer
products, and DOE implements the
remainder of the program. Subject to
certain criteria and conditions, DOE is
required to develop test procedures to
measure the energy efficiency, energy
use, or estimated annual operating cost
of each covered product. (42 U.S.C.
6293) Manufacturers of covered
products must use the prescribed DOE
test procedure as the basis for certifying
to DOE that their products comply with
the applicable energy conservation
standards adopted under EPCA and
when making representations to the
public regarding the energy use or
efficiency of those products. (42 U.S.C.
6293(c) and 6295(s)) Similarly, DOE
must use these test procedures to
determine whether the products comply
with standards adopted pursuant to
EPCA. Id. The DOE test procedures for
residential water heaters currently
appear at title 10 of the Code of Federal
Regulations (CFR) part 430, subpart B,
appendix E.
DOE must follow specific statutory
criteria for prescribing amended
standards for covered products. As
indicated above, any amended standard
for a covered product must be designed
to achieve the maximum improvement
in energy efficiency that is
technologically feasible and
economically justified. (42 U.S.C.
6295(o)(2)(A)) Furthermore, DOE may
not adopt any standard that would not
result in the significant conservation of
energy. (42 U.S.C. 6295(o)(3)) Moreover,
DOE may not prescribe a standard: (1)
For certain products, including
residential water heaters, if no test
procedure has been established for the
product, or (2) if DOE determines by
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rule that the proposed standard is not
technologically feasible or economically
justified. (42 U.S.C. 6295(o)(3)(A)–(B))
In deciding whether a proposed
standard is economically justified, DOE
must determine whether the benefits of
the standard exceed its burdens. (42
U.S.C. 6295(o)(2)(B)(i)) DOE must make
this determination after receiving
comments on the proposed standard,
and by considering, to the greatest
extent practicable, the following seven
factors:
1. The economic impact of the
standard on manufacturers and
consumers of the products subject to the
standard;
2. The savings in operating costs
throughout the estimated average life of
the covered products in the type (or
class) compared to any increase in the
price, initial charges, or maintenance
expenses for the covered products that
are likely to result from the imposition
of the standard;
3. The total projected amount of
energy, or as applicable, water, savings
likely to result directly from the
imposition of the standard;
4. Any lessening of the utility or the
performance of the covered products
likely to result from the imposition of
the standard;
5. The impact of any lessening of
competition, as determined in writing
by the Attorney General, that is likely to
result from the imposition of the
standard;
6. The need for national energy and
water conservation; and
7. Other factors the Secretary of
Energy (Secretary) considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII)).
EPCA, as codified, also contains what
is known as an ‘‘anti-backsliding’’
provision, which prevents the Secretary
from prescribing any amended standard
that either increases the maximum
allowable energy use or decreases the
minimum required energy efficiency of
a covered product. (42 U.S.C.
6295(o)(1)) Also, the Secretary may not
prescribe an amended or new standard
if interested persons have established by
a preponderance of the evidence that
the standard is likely to result in the
unavailability in the United States of
any covered product type (or class) of
performance characteristics (including
reliability), features, sizes, capacities,
and volumes that are substantially the
same as those generally available in the
United States. (42 U.S.C. 6295(o)(4))
Further, EPCA, as codified,
establishes a rebuttable presumption
that a standard is economically justified
if the Secretary finds that the additional
cost to the consumer of purchasing a
product complying with an energy
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conservation standard level will be less
than three times the value of the energy
savings during the first year that the
consumer will receive as a result of the
standard, as calculated under the
applicable test procedure. See 42 U.S.C.
6295(o)(2)(B)(iii).
Additionally, 42 U.S.C. 6295(q)(1)
specifies requirements when
promulgating a standard for a type or
class of covered product that has two or
more subcategories. DOE must specify a
different standard level than that which
applies generally to such type or class
of products for any group of covered
products that have the same function or
intended use if DOE determines that
products within such group (A)
consume a different kind of energy from
that consumed by other covered
products within such type (or class); or
(B) have a capacity or other
performance-related feature which other
products within such type (or class) do
not have and such feature justifies a
higher or lower standard. (42 U.S.C.
6295(q)(1)). A rule prescribing an energy
conservation standard for a type (or
class) of covered products shall specify
a level of energy use or efficiency higher
or lower than that which applies (or
would apply) for such type (or class) for
any group of covered products that have
the same function or intended use, if the
Secretary determines that covered
products within such group consume a
different kind of energy from that
consumed by other covered products
within such type (or class); or have a
capacity or other performance-related
feature that other products within such
type (or class) do not have and such
feature justifies a higher or lower
standard from that which applies (or
will apply) to other products within
such type (or class). Any rule
prescribing such a standard must
include an explanation of the basis on
which such higher or lower level was
established. (42 U.S.C. 6295(q)(2))
Federal energy conservation
requirements generally supersede State
laws or regulations concerning energy
conservation testing, labeling, and
standards. (42 U.S.C. 6297(a)–(c)) DOE
may, however, grant waivers of Federal
preemption for particular State laws or
regulations, in accordance with the
procedures and other provisions set
forth under 42 U.S.C. 6297(d)).
B. Background
Before being amended by the National
Appliance Energy Conservation Act of
1987 (NAECA; Pub. L. 100–12), Title III
of EPCA included water heaters
equipment as covered products.
NAECA’s amendments to EPCA
established energy conservation
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standards for residential water heaters,
and required that DOE determine
whether these standards should be
amended. (42 U.S.C. 6295(e)(1); 42
U.S.C. 6295(e)(4)) DOE initially
amended the statutorily-prescribed
standards for water heaters in 2001 (66
FR 4474 (Jan. 17, 2001)) and amended
standards for water heaters for a second
time in 2010 (75 FR 20112 (April 16,
2010)) (April 2010 Final Rule).
The energy conservation standards for
residential water heaters in the April
2010 Final Rule will apply to products
manufactured on or after April 16, 2015.
75 FR 20112. This final rule completed
the second amended standards
rulemaking for water heaters required
under 42 U.S.C. 6295(e)(4)(B). The
standards consist of minimum energy
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factors (EF) that vary based on the
storage volume of the water heater, the
type of energy it uses (i.e., gas, oil, or
electricity), and whether it is a storage,
instantaneous, or tabletop model. 10
CFR 430.32(d). The currently applicable
water heater energy conservation
standards, as well as those that will be
applicable starting April 16, 2015, are
set forth in Table I.1 below.
TABLE I.1—ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS
Product class
Energy factor as of January 20,
2004
Energy factor as of April 16, 2015
Gas-fired Water Heater ...................
0.67—(0.0019 × Rated Storage
Volume in gallons).
Oil-fired Water Heater .....................
0.59—(0.0019 × Rated Storage
Volume in gallons).
0.97—(0.00132 × Rated Storage
Volume in gallons).
For tanks with a Rated Storage Volume at or below 55 gallons: EF =
0.675—(0.0015 × Rated Storage Volume in gallons).
For tanks with a Rated Storage Volume above 55 gallons: EF =
0.8012—(0.00078 × Rated Storage Volume in gallons).
EF = 0.68—(0.0019 × Rated Storage Volume in gallons).
Electric Water Heater ......................
Tabletop Water Heater ....................
Instantaneous
Gas-fired
Water
Heater.
Instantaneous Electric Water Heater.
0.93—(0.00132 × Rated Storage
Volume in gallons).
0.62—(0.0019 × Rated Storage
Volume in gallons).
0.93—(0.00132 × Rated Storage
Volume in gallons).
II. Discussion
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A. Description of Utility Electric
Thermal Storage Programs for Water
Heaters
Electric thermal storage (ETS)
programs, also known as load shifting or
demand response programs, are
potentially an effective way for utilities
to manage peak demand load by
limiting the times when certain
appliances are operated. As part of such
programs, utilities typically provide an
incentive for consumers (such as
reduced electricity rates, subsidized cost
of a new appliance, or annual fixed
payment incentives) to enroll in a
program allowing the utility company to
control when the appliance cycles on
and off. The appliance is cycled on
during off-peak hours, and the
electricity consumed is stored by the
appliance as thermal energy for use
during peak demand times. In the case
of water heaters, the utility typically
offers some incentive for its customers
to enroll in the ETS program, and in
return the utility is allowed to control
the operation of the customer’s water
heater (typically through using either a
timed switch or a radio controlled
switch) in a manner that prevents the
appliance from turning on during peak
load times and forces the water heating
operation to occur during off-peak
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For tanks with a Rated Storage Volume at or below 55 gallons: EF =
0.960—(0.0003 × Rated Storage Volume in gallons).
For tanks with a Rated Storage Volume above 55 gallons: EF =
2.057—(0.00113 × Rated Storage Volume in gallons).
EF = 0.93—(0.00132 × Rated Storage Volume in gallons).
EF = 0.82—(0.0019 × Rated Storage Volume in gallons).
EF = 0.93—(0.00132 × Rated Storage Volume in gallons).
demand times. Several stakeholders
(including the National Rural Electric
Cooperative Association (NRECA), PJM
Interconnection, American Public
Power Association (APPA), and Steffes
Corporation) have indicated to DOE that
the consumer is often responsible for
the purchase and installation cost of the
water heater, but such cost may be offset
in part by the utility, and the utility
typically covers the cost of the control
technology with no charge to the
consumer. Since these programs allow
water heating only during non-peak
times, the heated water must be stored
in the tank to meet consumer needs
during peak demand times. Because the
water heater cannot operate during peak
demand times, these programs typically
utilize electric storage water heaters
with a larger tanks than would
otherwise be required to meet the
typical demand required by the
consumer. The additional tank storage
capacity ensures that the consumer will
have enough hot water to meet their
needs without the need for power
during peak-demand hours.
The Department is aware of numerous
ETS load shifting programs for
residential water heaters in the United
States. According to Great River Energy
and Arrowhead Electric Cooperative,
there are more than 100 electric
cooperatives nationwide that have
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installed more than 150,000 ETS water
heaters in 20 states. Information
provided by utilities indicates a similar
estimate, as a recent survey showed 109
cooperatives in 22 states using such
programs with more than 150,000 water
heaters. Additionally, the utilities noted
that the number of programs nationwide
is growing, with 22 additional
cooperatives in 7 other states
considering adopting similar programs.
As noted above, these programs
typically employ large electric storage
water tanks capable of heating enough
water during off-peak demand times to
serve consumers during peak demand
times when the water heater would not
be powered. These tanks are ideal
because they are highly insulated and
make use of the heated water as a
thermal storage device, storing the
energy conducted to the water from the
electric resistance element for later use.
DOE believes that ETS programs offer
benefits to both utilities and consumers.
Because ETS programs force water
heating to occur during off-peak times,
the energy used for heating water is
from sources that are potentially less
expensive and less polluting than
sources that must be used during peak
demand times. The utilities indicated
that a survey found that 49 cooperatives
use ETS programs to store energy from
wind generation and 52 cooperatives
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use such programs to store electricity
generated from hydroelectric sources.
The ability to utilize less expensive
energy sources reduces operating costs
for utilities and results in savings which
potentially can be passed on to
consumers in the form of lower
electricity rates or other financial
incentives provided by utilities. The
utilities noted that the benefits to
consumers include rebates to offset the
initial cost of the water heater,
discounted utility bills, off-peak pricing,
free water heater maintenance, and
lower overall rates due to the reduction
of the utility’s costs. In addition, the
utilities noted that benefits to utility
companies included reduced wholesale
demand charges, reduced costs of
operating less efficient peaking
generators, less exposure to wholesale
spot market prices, reduced capacity
obligations, emergency load control
system regulation, storage of energy
generated by renewable resources
during off-peak periods, lower
transmission system congestion, and
improved distribution system
operations. Lastly, the utilities
commented that the programs provide
benefits to the Nation because they
mitigate environmental impacts by
lowering carbon emissions from fossil
fuel resources through enabling greater
penetration and utilization of renewable
energy assets, facilitating more efficient
operation of existing base load
generating plants, and delaying
construction of new generating plants.
While DOE recognizes that these
programs are valuable to utilities in
their efforts to reduce peak demand
loads, to consumers in reducing overall
costs, and to the Nation in allowing for
increased use of renewable energy
resources and reduced emissions from
fossil fuels, it is not apparent that these
programs reduce energy consumption.
In fact, DOE believes that the additional
standby losses from storing water in a
large storage tank and at an increased
temperature may increase energy
consumption as compared to using a
smaller tank and heating the water
when it is needed.
The Department is interested in
receiving comment and information on
utility ETS programs for residential
water heaters. In particular, DOE would
like to receive data and information on
the penetration of such programs
throughout the U.S. (i.e., what
percentage of total water heaters
installed are used in these programs),
data on the financial benefits to
consumers, and information on the
energy savings (if any) or other National
benefits that are achieved through the
use of such programs. This is identified
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as issue 1 in section III.B, ‘‘Issues on
Which DOE Seeks Comment.’’
B. Discussion of Stakeholder Concerns
With April 2010 Water Heater
Standards
In response to the April 2010 Final
Rule amending the energy conservation
standards for water heaters,
stakeholders (i.e., NRECA, PJM
Interconnection, APPA, and Steffes
Corporation) indicated concerns about
the energy conservation standard
established for electric storage water
heaters with tanks having greater than
55 gallons of storage volume and about
the impact that such standards would
have on existing ETS programs. As
discussed above, large electric storage
water heaters (over 55 gallons of storage
volume) are a key component of utility
ETS programs to allow the hot water
tank to store enough water to meet
consumer demand during peak demand
times when the water heater would not
be allowed to turn on. As shown in
Table I.1, the April 2010 Final Rule
established an energy conservation
standard that would effectively require
the use of heat pump technology to meet
the minimum standard for electric
storage water heaters with storage
volumes above 55 gallons. Although
ETS programs may be able to utilize
heat pump water heaters (HPWH),
utility companies are concerned that the
increase in the initial cost of HPWH
units as compared to purchasing a
smaller electric resistance unit (such as
a 50 gallon water heater, which is often
adequate for typical residential use)
would discourage consumers from
participating in load shifting programs.
Utilities may not be able to offer enough
incentives to overcome the increase in
first cost of a large HPWH, resulting in
decreased customer participation in ETS
programs. In addition, utilities believe
the technological differences of heat
pump water heaters are such that they
may not always be able to fill the same
role as large-volume electric resistance
water heaters. Utilities have indicated
that the ability of electric resistance
water heaters to ‘super heat’ water to
170 °F is a key component in increasing
the water heater capacity such that it
can meet consumer demand without
operating during peak times. Utilities
contend that heat pump water heaters
cannot provide the ‘super heating’
capabilities of electric resistance water
heaters because the refrigeration cycle of
commercially available heat pump
water heaters limits the maximum water
temperature due to efficiency and
reliability issues with the compressor as
the water temperature is raised. While
DOE agrees this is true when the water
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heater operates in the heat pump mode,
DOE notes that heat pump water heaters
currently on the market are equipped
with electric resistance backup heating.
The use of the backup resistance
elements would allow a heat pump
water heater to heat water to a much
higher temperature comparable to the
temperatures that can be achieved by
conventional electric resistance water
heaters.
DOE recognizes that the potential
elimination of utility ETS programs due
to the efficiency requirements in the
April 2010 Final Rule for large-volume
electric water heaters would have the
potential to increase peak-demand load
and may impact both utilities and
consumers participating in such
programs. If consumers who otherwise
would have purchased a large-volume
electric resistance tank and participated
in an ETS program instead purchase a
smaller size tank (e.g., 50-gallon) and do
not participate in the ETS program, the
result may be reduced cost savings to
consumers (as compared to the situation
before the water heater standards were
amended) and increased peak loads for
utilities. DOE notes that increased usage
of heat pump water heaters could
mitigate some of these concerns because
heat pump water heaters are
comparatively much more efficient than
electric resistance water heaters, which
will reduce electricity demand at all
times, especially during peak times. In
contrast, DOE believes that the use of
larger storage tanks for ETS programs
may use more electricity than would be
consumed if ETS programs were phased
out by utilities due to the unavailability
of large-volume electric resistance water
heaters.
As a result of the concerns with the
standards promulgated in the April
2010 Final Rule, some stakeholders
have requested that DOE consider the
creation of a new product class of
electric water heaters for ‘‘gridinteractive water heaters.’’ These
stakeholders proposed that such
products would be defined as an electric
storage water heater that has: (1) A
storage tank volume greater than 55
gallons; (2) a control device capable of
receiving communication from a grid
operator, electric utility, or other energy
services company that provides realtime control of the heating element; (3)
and agreement to be enrolled in a grid
operator, electric utility, or other energy
services company program to provide
demand response or other electric grid
services; and (4) a thermostatic mixing
valve if the water heater is capable of
heating water greater than 120 °F. DOE
is considering its legal authority to
promulgate such a rule. As it does so,
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DOE is seeking additional information
regarding the potential effects of the
current standard and the potential
benefits of the proposals above.
DOE is interested in receiving
comment on potential solutions to
mitigate the concerns of utility
companies described above, including
the creation of a new product class for
‘‘grid-interactive storage water heater,’’
as proposed by the utilities. Other
possible solutions may include: (1) A
waiver system that would allow
manufacturers to produce small
quantities of electric resistance models
at storage volumes above 55 gallons and
sell them directly to utilities that
operate such programs; (2) using
multiple smaller water heaters in place
of a single large water heater to satisfy
the needs of consumers who participate
in these programs; or (3) using largestorage-volume heat pump water heaters
to satisfy the needs of consumers who
participate in these programs. DOE is
interested in receiving comment on the
merits and drawbacks of the potential
solutions identified, as well as any other
potential solutions that could address
this issue. This is identified as issue 2
in section III.B, ‘‘Issues on Which DOE
Seeks Comment.’’
erowe on DSK2VPTVN1PROD with PROPOSALS-1
III. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this request for
information until the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments, data, and other
information using any of the methods
described in the ADDRESSES section at
the beginning of this notice.
Submitting comments via
regulations.gov. The regulations.gov
web page will require you to provide
your name and contact information.
Your contact information will be
viewable to DOE Building Technologies
staff only. Your contact information will
not be publicly viewable except for your
first and last names, organization name
(if any), and submitter representative
name (if any). If your comment is not
processed properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment itself or in any
documents attached to your comment.
Any information that you do not want
to be publicly viewable should not be
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included in your comment, nor in any
document attached to your comment.
Otherwise, persons viewing comments
will see only first and last names,
organization names, correspondence
containing comments, and any
documents submitted with the
comments.
Do not submit to regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(CBI)). Comments submitted through
regulations.gov cannot be claimed as
CBI. Comments received through the
Web site will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section below.
DOE processes submissions made
through regulations.gov before posting.
Normally, comments will be posted
within a few days of being submitted.
However, if large volumes of comments
are being processed simultaneously,
your comment may not be viewable for
up to several weeks. Please keep the
comment tracking number that
regulations.gov provides after you have
successfully uploaded your comment.
Submitting comments via email, hand
delivery/courier, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
regulations.gov. If you do not want your
personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information in a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery/
courier, please provide all items on a
CD, if feasible. It is not necessary to
submit printed copies. No facsimiles
(faxes) will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, that are written in English, and
that are free of any defects or viruses.
Documents should not contain special
characters or any form of encryption
and, if possible, they should carry the
electronic signature of the author.
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35303
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery/courier two well-marked
copies: One copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing energy conservation
standards. 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
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules
(202) 586–2945, or via email at
Brenda.Edwards@ee.doe.gov.
DEPARTMENT OF TRANSPORTATION
B. Issues on Which DOE Seeks Comment
erowe on DSK2VPTVN1PROD with PROPOSALS-1
Although DOE welcomes comments
on any aspect of this request for
information, DOE is particularly
interested in receiving comments and
views of interested parties concerning
the following issues:
1. Information on the effects of utility
programs designed to reduce peak
energy demand by heating water only
during off-peak times and storing the
water for use during peak demand
periods. In particular, DOE is interested
in information on the penetration of
residential water heater load shifting
programs throughout the U.S. (i.e., what
percentage of total water heaters
installed are used in these programs),
the economic benefits of such programs
to consumers, and the energy impacts (if
any) or other National benefits that are
achieved through the use of such
programs.
2. Information on the effects of the
amended energy conservation standards
for electric storage water heaters with
rated storage volumes above 55 gallons
on utility programs designed to reduce
peak energy demand by heating water
only during off-peak times and storing
the water for use during peak demand
periods.
3. Information on capacity or other
performance-related feature(s) for
residential water heaters which other
water heaters do not have that are used
in demand-response programs and
whether such feature(s) justifies a
separate standard from that which will
apply to other electric water heaters
with rated storage volumes above 55
gallons.
4. Information on potential solutions
that would resolve the concerns of
utilities that administer load shifting
programs for residential water heaters
that require the use of large-volume
electric storage water heaters, including
the potential approaches identified in
this RFI.
Issued in Washington, DC, on June 6, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–14402 Filed 6–12–12; 8:45 am]
BILLING CODE 6450–01–P
VerDate Mar<15>2010
13:47 Jun 12, 2012
Jkt 226001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0816; Directorate
Identifier 2011–CE–022–AD]
RIN 2120–AA64
Airworthiness Directives; Costruzioni
Aeronautiche Tecnam srl Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
extension of the comment period.
AGENCY:
We are revising an earlier
NPRM for Costruzioni Aeronautiche
Tecnam srl Model P2006T airplanes.
This proposed AD results from
mandatory continuing airworthiness
information (MCAI) originated by an
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as
cracking, bulging, deformation, or oil
leakage in the lower lid of the landing
gear emergency accumulator, which
could result in decreasing the airplane’s
structural integrity and jeopardizing the
landing gear emergency extension in
case of system failure in normal mode.
We are issuing this proposed AD to
require actions to address the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by July 30, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Costruzioni
Aeronautiche TECNAM Airworthiness
Office, Via Maiorise—81043 Capua (CE)
Italy; telephone: +39 0823 620134; fax:
+39 0823 622899; email:
m.oliva@tecnam.com or
p.violetti@tecnam.com; Internet:
www.tecnam.com. You may review
SUMMARY:
PO 00000
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Fmt 4702
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copies of the referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; phone: (816) 329–4119;
fax: (816) 329–4090; email:
albert.mercado@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2011–0816; Directorate Identifier
2011–CE–022–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
August 8, 2011 (76 FR 48045). That
earlier NPRM proposed to require
actions intended to address the unsafe
condition for the products listed above.
Since that NPRM (76 FR 48045,
August 8, 2011) was issued, TECNAM
found that the replacement part number
could cause a deformation of the
E:\FR\FM\13JNP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Proposed Rules]
[Pages 35299-35304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14402]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 /
Proposed Rules
[[Page 35299]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2012-BT-STD-0022]
RIN 1904-AC78
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Energy Conservation Standards for
Residential Water Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is requesting data and
information about the impact of its recently amended energy
conservation standards for residential electric water heaters on
utility programs that use high-storage-volume (above 55 gallons)
electric storage water heaters to reduce peak electricity demand. DOE
amended its standards for residential water heaters on April 16, 2010,
and compliance with the amended standards is required beginning on
April 16, 2015. Of particular relevance, the amended standards for
residential water heaters raised the minimum requirements for electric
storage water heaters with storage volumes above 55 gallons to levels
that are currently achieved through the use of heat pump water heater
technology. Utilities have expressed concerns that the amended levels
will negatively impact programs designed to reduce peak energy demand
by heating water only during off-peak times and storing the water for
use during peak demand periods. This request for information solicits
feedback on the effects of the amended energy conservation standards
for electric storage water heaters on such utility programs.
DATES: DOE will accept written comments, data, and information on this
notice until July 13, 2012.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2012-BT-0022 and/
or RIN 1904-AC78, by any of the following methods:
Email: ResWaterHtrsRFI-2012-STD-0022@ee.doe.gov. Include
EERE-2012-BT-0022 and/or RIN 1904-AC78 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: The docket for this rulemaking 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: https://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR+PS;rpp=50;so=DESC;sb=postedDate;po=0;D=E
ERE-2012-BT-STD-0022. The www.regulations.gov web page will contain
simple instructions on how to access all documents, including public
comments, in the docket.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, 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) 586-6590. Email:
Ashley.Armstrong@ee.doe.gov.
Mr. Ari Altman, U.S. Department of Energy, Office of the General
Counsel, Mailstop GC-71, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 287-6307. Email:
Ari.Altman@hq.doe.govmailto:.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Statutory Authority
B. Background
II. Discussion
A. Description of Utility Electric Thermal Storage Programs for
Water Heaters
B. Discussion of Utility Company Concerns With April 2010 Water
Heater Standards
III. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
I. Introduction
The following section briefly discusses the statutory authority
underlying the U.S. Department of Energy's (DOE's) standards for
residential water heaters, as well as some of the relevant historical
background related to the establishment of standards for residential
water heaters.
A. Statutory Authority
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\ a program covering most
major household appliances (collectively referred to as ``covered
[[Page 35300]]
products''), which includes the types of residential water heaters that
are the subject of today's notice. (42 U.S.C. 6292(a)(4)) EPCA
prescribed energy conservation standards for these products (42 U.S.C.
6295(e)(1)) and directed DOE to conduct two cycles of rulemakings to
determine whether to amend standards. (42 U.S.C. 6295(e)(4))
Furthermore, under 42 U.S.C. 6295(m), the agency must periodically
review its already established energy conservation standards for a
covered product. Under this requirement, the next review that DOE would
need to conduct must occur no later than six years from the issuance of
a final rule establishing or amending a standard for a covered product.
---------------------------------------------------------------------------
\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
Federal Trade Commission (FTC) is primarily responsible for labeling
consumer products, and DOE implements the remainder of the program.
Subject to certain criteria and conditions, DOE is required to develop
test procedures to measure the energy efficiency, energy use, or
estimated annual operating cost of each covered product. (42 U.S.C.
6293) Manufacturers of covered products must use the prescribed DOE
test procedure as the basis for certifying to DOE that their products
comply with the applicable energy conservation standards adopted under
EPCA and when making representations to the public regarding the energy
use or efficiency of those products. (42 U.S.C. 6293(c) and 6295(s))
Similarly, DOE must use these test procedures to determine whether the
products comply with standards adopted pursuant to EPCA. Id. The DOE
test procedures for residential water heaters currently appear at title
10 of the Code of Federal Regulations (CFR) part 430, subpart B,
appendix E.
DOE must follow specific statutory criteria for prescribing amended
standards for covered products. As indicated above, any amended
standard for a covered product must be designed to achieve the maximum
improvement in energy efficiency that is technologically feasible and
economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, DOE may
not adopt any standard that would not result in the significant
conservation of energy. (42 U.S.C. 6295(o)(3)) Moreover, DOE may not
prescribe a standard: (1) For certain products, including residential
water heaters, if no test procedure has been established for the
product, or (2) if DOE determines by rule that the proposed standard is
not technologically feasible or economically justified. (42 U.S.C.
6295(o)(3)(A)-(B)) In deciding whether a proposed standard is
economically justified, DOE must determine whether the benefits of the
standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make
this determination after receiving comments on the proposed standard,
and by considering, to the greatest extent practicable, the following
seven factors:
1. The economic impact of the standard on manufacturers and
consumers of the products subject to the standard;
2. The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products that are likely to result from the imposition of the
standard;
3. The total projected amount of energy, or as applicable, water,
savings likely to result directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of the standard;
5. The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
imposition of the standard;
6. The need for national energy and water conservation; and
7. Other factors the Secretary of Energy (Secretary) considers
relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)).
EPCA, as codified, also contains what is known as an ``anti-
backsliding'' provision, which prevents the Secretary from prescribing
any amended standard that either increases the maximum allowable energy
use or decreases the minimum required energy efficiency of a covered
product. (42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe
an amended or new standard if interested persons have established by a
preponderance of the evidence that the standard is likely to result in
the unavailability in the United States of any covered product type (or
class) of performance characteristics (including reliability),
features, sizes, capacities, and volumes that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
Further, EPCA, as codified, establishes a rebuttable presumption
that a standard is economically justified if the Secretary finds that
the additional cost to the consumer of purchasing a product complying
with an energy conservation standard level will be less than three
times the value of the energy savings during the first year that the
consumer will receive as a result of the standard, as calculated under
the applicable test procedure. See 42 U.S.C. 6295(o)(2)(B)(iii).
Additionally, 42 U.S.C. 6295(q)(1) specifies requirements when
promulgating a standard for a type or class of covered product that has
two or more subcategories. DOE must specify a different standard level
than that which applies generally to such type or class of products for
any group of covered products that have the same function or intended
use if DOE determines that products within such group (A) consume a
different kind of energy from that consumed by other covered products
within such type (or class); or (B) have a capacity or other
performance-related feature which other products within such type (or
class) do not have and such feature justifies a higher or lower
standard. (42 U.S.C. 6295(q)(1)). A rule prescribing an energy
conservation standard for a type (or class) of covered products shall
specify a level of energy use or efficiency higher or lower than that
which applies (or would apply) for such type (or class) for any group
of covered products that have the same function or intended use, if the
Secretary determines that covered products within such group consume a
different kind of energy from that consumed by other covered products
within such type (or class); or have a capacity or other performance-
related feature that other products within such type (or class) do not
have and such feature justifies a higher or lower standard from that
which applies (or will apply) to other products within such type (or
class). Any rule prescribing such a standard must include an
explanation of the basis on which such higher or lower level was
established. (42 U.S.C. 6295(q)(2))
Federal energy conservation requirements generally supersede State
laws or regulations concerning energy conservation testing, labeling,
and standards. (42 U.S.C. 6297(a)-(c)) DOE may, however, grant waivers
of Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions set forth under 42
U.S.C. 6297(d)).
B. Background
Before being amended by the National Appliance Energy Conservation
Act of 1987 (NAECA; Pub. L. 100-12), Title III of EPCA included water
heaters equipment as covered products. NAECA's amendments to EPCA
established energy conservation
[[Page 35301]]
standards for residential water heaters, and required that DOE
determine whether these standards should be amended. (42 U.S.C.
6295(e)(1); 42 U.S.C. 6295(e)(4)) DOE initially amended the
statutorily-prescribed standards for water heaters in 2001 (66 FR 4474
(Jan. 17, 2001)) and amended standards for water heaters for a second
time in 2010 (75 FR 20112 (April 16, 2010)) (April 2010 Final Rule).
The energy conservation standards for residential water heaters in
the April 2010 Final Rule will apply to products manufactured on or
after April 16, 2015. 75 FR 20112. This final rule completed the second
amended standards rulemaking for water heaters required under 42 U.S.C.
6295(e)(4)(B). The standards consist of minimum energy factors (EF)
that vary based on the storage volume of the water heater, the type of
energy it uses (i.e., gas, oil, or electricity), and whether it is a
storage, instantaneous, or tabletop model. 10 CFR 430.32(d). The
currently applicable water heater energy conservation standards, as
well as those that will be applicable starting April 16, 2015, are set
forth in Table I.1 below.
Table I.1--Energy Conservation Standards for Residential Water Heaters
------------------------------------------------------------------------
Energy factor as
Product class of January 20, Energy factor as of
2004 April 16, 2015
------------------------------------------------------------------------
Gas-fired Water Heater........ 0.67--(0.0019 x For tanks with a
Rated Storage Rated Storage Volume
Volume in at or below 55
gallons). gallons: EF = 0.675--
(0.0015 x Rated
Storage Volume in
gallons).
For tanks with a
Rated Storage Volume
above 55 gallons: EF
= 0.8012--(0.00078 x
Rated Storage Volume
in gallons).
Oil-fired Water Heater........ 0.59--(0.0019 x EF = 0.68--(0.0019 x
Rated Storage Rated Storage Volume
Volume in in gallons).
gallons).
Electric Water Heater......... 0.97--(0.00132 x For tanks with a
Rated Storage Rated Storage Volume
Volume in at or below 55
gallons). gallons: EF = 0.960--
(0.0003 x Rated
Storage Volume in
gallons).
For tanks with a
Rated Storage Volume
above 55 gallons: EF
= 2.057--(0.00113 x
Rated Storage Volume
in gallons).
Tabletop Water Heater......... 0.93--(0.00132 x EF = 0.93--(0.00132 x
Rated Storage Rated Storage Volume
Volume in in gallons).
gallons).
Instantaneous Gas-fired Water 0.62--(0.0019 x EF = 0.82--(0.0019 x
Heater. Rated Storage Rated Storage Volume
Volume in in gallons).
gallons).
Instantaneous Electric Water 0.93--(0.00132 x EF = 0.93--(0.00132 x
Heater. Rated Storage Rated Storage Volume
Volume in in gallons).
gallons).
------------------------------------------------------------------------
II. Discussion
A. Description of Utility Electric Thermal Storage Programs for Water
Heaters
Electric thermal storage (ETS) programs, also known as load
shifting or demand response programs, are potentially an effective way
for utilities to manage peak demand load by limiting the times when
certain appliances are operated. As part of such programs, utilities
typically provide an incentive for consumers (such as reduced
electricity rates, subsidized cost of a new appliance, or annual fixed
payment incentives) to enroll in a program allowing the utility company
to control when the appliance cycles on and off. The appliance is
cycled on during off-peak hours, and the electricity consumed is stored
by the appliance as thermal energy for use during peak demand times. In
the case of water heaters, the utility typically offers some incentive
for its customers to enroll in the ETS program, and in return the
utility is allowed to control the operation of the customer's water
heater (typically through using either a timed switch or a radio
controlled switch) in a manner that prevents the appliance from turning
on during peak load times and forces the water heating operation to
occur during off-peak demand times. Several stakeholders (including the
National Rural Electric Cooperative Association (NRECA), PJM
Interconnection, American Public Power Association (APPA), and Steffes
Corporation) have indicated to DOE that the consumer is often
responsible for the purchase and installation cost of the water heater,
but such cost may be offset in part by the utility, and the utility
typically covers the cost of the control technology with no charge to
the consumer. Since these programs allow water heating only during non-
peak times, the heated water must be stored in the tank to meet
consumer needs during peak demand times. Because the water heater
cannot operate during peak demand times, these programs typically
utilize electric storage water heaters with a larger tanks than would
otherwise be required to meet the typical demand required by the
consumer. The additional tank storage capacity ensures that the
consumer will have enough hot water to meet their needs without the
need for power during peak-demand hours.
The Department is aware of numerous ETS load shifting programs for
residential water heaters in the United States. According to Great
River Energy and Arrowhead Electric Cooperative, there are more than
100 electric cooperatives nationwide that have installed more than
150,000 ETS water heaters in 20 states. Information provided by
utilities indicates a similar estimate, as a recent survey showed 109
cooperatives in 22 states using such programs with more than 150,000
water heaters. Additionally, the utilities noted that the number of
programs nationwide is growing, with 22 additional cooperatives in 7
other states considering adopting similar programs. As noted above,
these programs typically employ large electric storage water tanks
capable of heating enough water during off-peak demand times to serve
consumers during peak demand times when the water heater would not be
powered. These tanks are ideal because they are highly insulated and
make use of the heated water as a thermal storage device, storing the
energy conducted to the water from the electric resistance element for
later use.
DOE believes that ETS programs offer benefits to both utilities and
consumers. Because ETS programs force water heating to occur during
off-peak times, the energy used for heating water is from sources that
are potentially less expensive and less polluting than sources that
must be used during peak demand times. The utilities indicated that a
survey found that 49 cooperatives use ETS programs to store energy from
wind generation and 52 cooperatives
[[Page 35302]]
use such programs to store electricity generated from hydroelectric
sources. The ability to utilize less expensive energy sources reduces
operating costs for utilities and results in savings which potentially
can be passed on to consumers in the form of lower electricity rates or
other financial incentives provided by utilities. The utilities noted
that the benefits to consumers include rebates to offset the initial
cost of the water heater, discounted utility bills, off-peak pricing,
free water heater maintenance, and lower overall rates due to the
reduction of the utility's costs. In addition, the utilities noted that
benefits to utility companies included reduced wholesale demand
charges, reduced costs of operating less efficient peaking generators,
less exposure to wholesale spot market prices, reduced capacity
obligations, emergency load control system regulation, storage of
energy generated by renewable resources during off-peak periods, lower
transmission system congestion, and improved distribution system
operations. Lastly, the utilities commented that the programs provide
benefits to the Nation because they mitigate environmental impacts by
lowering carbon emissions from fossil fuel resources through enabling
greater penetration and utilization of renewable energy assets,
facilitating more efficient operation of existing base load generating
plants, and delaying construction of new generating plants.
While DOE recognizes that these programs are valuable to utilities
in their efforts to reduce peak demand loads, to consumers in reducing
overall costs, and to the Nation in allowing for increased use of
renewable energy resources and reduced emissions from fossil fuels, it
is not apparent that these programs reduce energy consumption. In fact,
DOE believes that the additional standby losses from storing water in a
large storage tank and at an increased temperature may increase energy
consumption as compared to using a smaller tank and heating the water
when it is needed.
The Department is interested in receiving comment and information
on utility ETS programs for residential water heaters. In particular,
DOE would like to receive data and information on the penetration of
such programs throughout the U.S. (i.e., what percentage of total water
heaters installed are used in these programs), data on the financial
benefits to consumers, and information on the energy savings (if any)
or other National benefits that are achieved through the use of such
programs. This is identified as issue 1 in section III.B, ``Issues on
Which DOE Seeks Comment.''
B. Discussion of Stakeholder Concerns With April 2010 Water Heater
Standards
In response to the April 2010 Final Rule amending the energy
conservation standards for water heaters, stakeholders (i.e., NRECA,
PJM Interconnection, APPA, and Steffes Corporation) indicated concerns
about the energy conservation standard established for electric storage
water heaters with tanks having greater than 55 gallons of storage
volume and about the impact that such standards would have on existing
ETS programs. As discussed above, large electric storage water heaters
(over 55 gallons of storage volume) are a key component of utility ETS
programs to allow the hot water tank to store enough water to meet
consumer demand during peak demand times when the water heater would
not be allowed to turn on. As shown in Table I.1, the April 2010 Final
Rule established an energy conservation standard that would effectively
require the use of heat pump technology to meet the minimum standard
for electric storage water heaters with storage volumes above 55
gallons. Although ETS programs may be able to utilize heat pump water
heaters (HPWH), utility companies are concerned that the increase in
the initial cost of HPWH units as compared to purchasing a smaller
electric resistance unit (such as a 50 gallon water heater, which is
often adequate for typical residential use) would discourage consumers
from participating in load shifting programs. Utilities may not be able
to offer enough incentives to overcome the increase in first cost of a
large HPWH, resulting in decreased customer participation in ETS
programs. In addition, utilities believe the technological differences
of heat pump water heaters are such that they may not always be able to
fill the same role as large-volume electric resistance water heaters.
Utilities have indicated that the ability of electric resistance water
heaters to `super heat' water to 170[emsp14][deg]F is a key component
in increasing the water heater capacity such that it can meet consumer
demand without operating during peak times. Utilities contend that heat
pump water heaters cannot provide the `super heating' capabilities of
electric resistance water heaters because the refrigeration cycle of
commercially available heat pump water heaters limits the maximum water
temperature due to efficiency and reliability issues with the
compressor as the water temperature is raised. While DOE agrees this is
true when the water heater operates in the heat pump mode, DOE notes
that heat pump water heaters currently on the market are equipped with
electric resistance backup heating. The use of the backup resistance
elements would allow a heat pump water heater to heat water to a much
higher temperature comparable to the temperatures that can be achieved
by conventional electric resistance water heaters.
DOE recognizes that the potential elimination of utility ETS
programs due to the efficiency requirements in the April 2010 Final
Rule for large-volume electric water heaters would have the potential
to increase peak-demand load and may impact both utilities and
consumers participating in such programs. If consumers who otherwise
would have purchased a large-volume electric resistance tank and
participated in an ETS program instead purchase a smaller size tank
(e.g., 50-gallon) and do not participate in the ETS program, the result
may be reduced cost savings to consumers (as compared to the situation
before the water heater standards were amended) and increased peak
loads for utilities. DOE notes that increased usage of heat pump water
heaters could mitigate some of these concerns because heat pump water
heaters are comparatively much more efficient than electric resistance
water heaters, which will reduce electricity demand at all times,
especially during peak times. In contrast, DOE believes that the use of
larger storage tanks for ETS programs may use more electricity than
would be consumed if ETS programs were phased out by utilities due to
the unavailability of large-volume electric resistance water heaters.
As a result of the concerns with the standards promulgated in the
April 2010 Final Rule, some stakeholders have requested that DOE
consider the creation of a new product class of electric water heaters
for ``grid-interactive water heaters.'' These stakeholders proposed
that such products would be defined as an electric storage water heater
that has: (1) A storage tank volume greater than 55 gallons; (2) a
control device capable of receiving communication from a grid operator,
electric utility, or other energy services company that provides real-
time control of the heating element; (3) and agreement to be enrolled
in a grid operator, electric utility, or other energy services company
program to provide demand response or other electric grid services; and
(4) a thermostatic mixing valve if the water heater is capable of
heating water greater than 120[emsp14][deg]F. DOE is considering its
legal authority to promulgate such a rule. As it does so,
[[Page 35303]]
DOE is seeking additional information regarding the potential effects
of the current standard and the potential benefits of the proposals
above.
DOE is interested in receiving comment on potential solutions to
mitigate the concerns of utility companies described above, including
the creation of a new product class for ``grid-interactive storage
water heater,'' as proposed by the utilities. Other possible solutions
may include: (1) A waiver system that would allow manufacturers to
produce small quantities of electric resistance models at storage
volumes above 55 gallons and sell them directly to utilities that
operate such programs; (2) using multiple smaller water heaters in
place of a single large water heater to satisfy the needs of consumers
who participate in these programs; or (3) using large-storage-volume
heat pump water heaters to satisfy the needs of consumers who
participate in these programs. DOE is interested in receiving comment
on the merits and drawbacks of the potential solutions identified, as
well as any other potential solutions that could address this issue.
This is identified as issue 2 in section III.B, ``Issues on Which DOE
Seeks Comment.''
III. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
request for information until the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this notice.
Submitting comments via regulations.gov. The regulations.gov web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section
below.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or mail.
Comments and documents submitted via email, hand delivery, or mail also
will be posted to regulations.gov. If you do not want your personal
contact information to be publicly viewable, do not include it in your
comment or any accompanying documents. Instead, provide your contact
information in a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible. It is
not necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
One copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked non-confidential with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. 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
[[Page 35304]]
(202) 586-2945, or via email at Brenda.Edwards@ee.doe.gov.
B. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this request for
information, DOE is particularly interested in receiving comments and
views of interested parties concerning the following issues:
1. Information on the effects of utility programs designed to
reduce peak energy demand by heating water only during off-peak times
and storing the water for use during peak demand periods. In
particular, DOE is interested in information on the penetration of
residential water heater load shifting programs throughout the U.S.
(i.e., what percentage of total water heaters installed are used in
these programs), the economic benefits of such programs to consumers,
and the energy impacts (if any) or other National benefits that are
achieved through the use of such programs.
2. Information on the effects of the amended energy conservation
standards for electric storage water heaters with rated storage volumes
above 55 gallons on utility programs designed to reduce peak energy
demand by heating water only during off-peak times and storing the
water for use during peak demand periods.
3. Information on capacity or other performance-related feature(s)
for residential water heaters which other water heaters do not have
that are used in demand-response programs and whether such feature(s)
justifies a separate standard from that which will apply to other
electric water heaters with rated storage volumes above 55 gallons.
4. Information on potential solutions that would resolve the
concerns of utilities that administer load shifting programs for
residential water heaters that require the use of large-volume electric
storage water heaters, including the potential approaches identified in
this RFI.
Issued in Washington, DC, on June 6, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-14402 Filed 6-12-12; 8:45 am]
BILLING CODE 6450-01-P
