Energy Conservation Program: Test Procedures for Residential Water Heaters and Commercial Water Heaters, 2340-2347 [2013-00483]
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Proposed Rules
Federal Register
Vol. 78, No. 8
Friday, January 11, 2013
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 Number EERE–2011–BT–TP–0042]
RIN 1904–AC53
Energy Conservation Program: Test
Procedures for Residential Water
Heaters and Commercial Water
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 the
rulemaking and data collection process
to develop a uniform efficiency
descriptor and accompanying test
method for residential water heaters and
commercial water heaters. This test
procedure rulemaking is intended to
fulfill DOE’s statutory obligation to
develop a uniform efficiency descriptor
for residential and commercial water
heaters pursuant to the amendments to
the Energy Policy and Conservation Act
(EPCA) brought about by the American
Energy Manufacturing Technical
Corrections Act (AEMTCA; H.R. 6582),
which was signed into law on December
18, 2012 (Pub. L. 112–210). To inform
interested parties and to facilitate this
process, DOE has identified several
issues in this RFI on which DOE is
particularly interested in receiving
comment from interested parties. In
overview, the issues outlined in this
document are mainly associated with:
Currently available efficiency metrics
and test procedures for rating the
efficiency of residential and commercial
water heaters; the requirements for a
uniform metric set forth in the
AEMTCA; and available options for
DOE to address those statutory
requirements. DOE welcomes written
comments from the public on any
subject within the scope of this
rulemaking (including relevant topics
not specifically raised in this RFI).
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SUMMARY:
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Written comments and
information are requested on or before
February 11, 2013.
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 regulatory identification number
(RIN) 1904–AC53, by any of the
following methods:
• Email: 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, 6th
Floor, 950 L’Enfant Plaza SW.,
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.
Instructions: All submissions received
must include the agency name and
docket number 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–
DATES:
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0121. Telephone: (202) 586–7892.
Email: Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. Email:
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. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
1. Residential Water Heaters
2. Commercial Water Heaters
B. The American Energy Manufacturing
Technical Corrections Act (AEMTCA)
II. Discussion
A. Implications of the AEMTCA
B. Potential Approaches To Address the
Requirements of the AEMTCA
1. Revised Energy Factor Metric
2. Existing Thermal Efficiency and Standby
Loss Metrics
3. Revised Thermal Efficiency and Standby
Loss Metrics
4. Hybrid Efficiency Metric
5. New Approach
C. Conversion Factor
D. Exclusions
E. Other Concerns
1. Representative Test Procedures
2. Measures of Delivery Capacity
3. Implications for Current Energy
Conservation Standards
III. Public Participation
I. Introduction
The American Energy Manufacturing
Technical Corrections Act (AEMTCA),
Public Law 112–210, amended the
Energy Policy and Conservation Act of
1975 (EPCA or the Act), Public Law 94–
163, to require that the U.S. Department
of Energy (DOE or the Department)
publish a final rule establishing a
uniform efficiency descriptor and
accompanying test methods for covered
residential water heaters and
commercial water heating equipment
within one year of the enactment of the
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AEMTCA.1 (42 U.S.C. 6295(e)(5))
Historically, DOE has administered its
energy conservation standards (and
specified the requisite test procedures)
for residential water heaters and
commercial water heaters separately.
Thus, the historical background and
statutory authority for these products
are divided along those lines in the
discussion that follows (i.e., sections
I.A.1 and I.A.2). In addition, background
information on the AEMTCA is
presented in section I.B.
A. Authority and Background
1. Residential Water Heaters
Residential water heaters are products
that use oil, gas, or electricity to heat
potable water for use outside the heater
upon demand. These include storage
type units, instantaneous type units,
and heat pump type units.2 (42 U.S.C.
6291(27))
Title III, Part B 3 of EPCA (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, which includes the
residential water heaters that are, in
part, the subject of today’s notice. (42
U.S.C. 6291(1)–(2) and 6292(a)(4))
This program authorizes DOE to
establish technologically feasible,
economically justified energy efficiency
regulations for certain products and
equipment that would be likely to result
in substantial national energy savings.
(42 U.S.C. 6295(o)(2)–(3)) 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
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 and 6314, EPCA
sets forth criteria and procedures that
DOE must follow when prescribing or
amending test procedures for covered
products and equipment. 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) and
6314(a)(2))
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) and 6314(b)) Also, 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 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), Public
Law 110–140, amended EPCA to require
that at least once every 7 years, DOE
must review test procedures for all
covered products and equipment and
either amend the test procedures (if the
Secretary determines that amended test
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procedures would more accurately or
fully comply with the requirements of
42 U.S.C. 6293(b)(3) or 6314(a)(2)) or
publish notice in the Federal Register of
any determination not to amend a test
procedure. (42 U.S.C. 6293(b)(1)(A) and
6314(a)(1))
The National Appliance Energy
Conservation Act of 1987 (NAECA),
Public Law 100–12, amended EPCA and
established energy conservation
standards for residential water heaters,
as well as requirements for determining
whether these standards should be
amended. (42 U.S.C. 6295(e))
Specifically, NAECA set minimum
standards for residential water heaters
in terms of the energy factor (EF) and
required that DOE publish a final rule
to determine whether the standard
should be amended no later than
January 1, 1992. (42 U.S.C. 6295(e)(1)
and (4)(A)) It also required that DOE
publish another final rule by January 1,
2000 to determine whether standards in
effect for such products should again be
amended. (42 U.S.C. 6295(e)(4)(B))
Pursuant to 42 U.S.C. 6295(e)(4)(A),
DOE published a final rule in the
Federal Register on January 17, 2001
(hereafter referred to as the ‘‘January
2001 final rule’’), amending statutorilyprescribed energy conservation
standards for residential water heaters.
66 FR 4474. Compliance with the
standards in the January 2001 final rule
was required by January 20, 2004.
Pursuant to 42 U.S.C. 6295(e)(4)(B),
DOE published a final rule in the
Federal Register on April 16, 2010,
amending the energy conservation
standards for residential water heaters
for a second time. 75 FR 20112.
Compliance with the standards in the
April 2010 final rule will be required
beginning on April 16, 2015. The
current and future energy conservation
standards for residential water heaters
are presented in Table I.1 immediately
below.
TABLE I.1—ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS (10 CFR 430.32(d))
Energy factor (EF) as of January 20, 2004
Energy factor (EF) as of April 16, 2015
Gas-fired Storage .................
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Product class
EF = 0.67 ¥ (0.0019 × 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).
1 The AEMTCA was signed into law on December
18, 2012, so accordingly, DOE must complete the
required rulemaking by December 18, 2013.
2 In a final rule published in the Federal Register
on April 16, 2010, DOE determined that heat pump
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type water heaters with an integrated storage tank
are a type of electric storage water heater, but that
heat pump type water heaters without an integrated
storage tank do not meet the definition of a ‘‘water
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heater’’ and are, therefore, not covered equipment
under EPCA. 75 FR 20112, 20126 and 20135.
3 This part was originally titled Part B. It was
redesignated as Part A in the United States Code for
editorial reasons.
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TABLE I.1—ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS (10 CFR 430.32(d))—Continued
Product class
Energy factor (EF) as of January 20, 2004
Energy factor (EF) as of April 16, 2015
Electric Storage ....................
EF = 0.97 ¥ (0.00132 × Rated Storage Volume in gallons).
Oil-fired Storage ...................
EF = 0.59 ¥ (0.0019 × Rated Storage Volume in gallons).
EF = 0.62 ¥ (0.0019 × Rated Storage Volume in gallons).
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 = 0.68 ¥ (0.0019 × Rated Storage Volume in gallons).
EF = 0.82 ¥ (0.0019 × Rated Storage Volume in gallons).
Gas-fired Instantaneous .......
EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons).
EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons).
Electric Instantaneous ..........
Tabletop ...............................
Note: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as specified by the manufacturer.
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DOE’s test procedures for residential
water heaters are found at 10 CFR
430.23(e) and 10 CFR part 430, subpart
B, appendix E, Uniform Test Method for
Measuring the Energy Consumption of
Water Heaters. The test procedures
include provisions for determining the
energy efficiency (EF), as well as the
annual energy consumption of these
products.
The following provides a brief history
of DOE’s more recent test procedure
rulemakings related to residential water
heaters. The current DOE test
procedures for residential water heaters
were established by a final rule
published in the Federal Register on
May 11, 1998 (63 FR 25996), and
subsequently updated through final
rules published in July 1998 and
January 2001. (63 FR 38737 (July 20,
1998); 66 FR 4474 (Jan. 17, 2001)) The
July 1998 final rule was a technical
correction that added figures to the test
procedure, and the January 2001
amendments added a definition to the
test procedure, although the bulk of that
final rule was dedicated to amended
energy conservation standards for
residential water heaters. On December
17, 2012, DOE published a final rule in
the Federal Register, as required under
42 U.S.C. 6295(gg)(2), that concluded
that no modifications were needed to
the residential water heater test
procedure to account for standby mode
and off mode energy consumption, as
the existing test procedure already
accounted for those modes of energy
consumption. 77 FR 74559. DOE
initiated a rulemaking to consider
updates to the water heater test
procedure by publishing an RFI in the
Federal Register on October 12, 2011
(hereafter referred to as the October
2011 RFI). 76 FR 63211.
2. Commercial Water Heaters
DOE’s regulations include the
following types of commercial water
heating equipment: (1) Gas-fired,
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electric, and oil-fired commercial
storage water heaters; (2) gas-fired and
oil-fired instantaneous water heaters; (3)
hot water supply boilers; and (4) unfired
hot water storage tanks. 10 CFR 431.2.
Commercial storage type water heaters
heat and store water within the
appliance at a thermostaticallycontrolled temperature for delivery on
demand; commercial storage type water
heaters do not include units with an
input rating of 4,000 Btu per hour or
more per gallon of stored water. 10 CFR
431.102. Commercial instantaneous type
waters heater include water heaters that
have an input rating of at least 4,000 Btu
per hour per gallon of stored water,
including products meeting this
description that are designed to heat
water to temperatures of 180 °F or
higher. Id. An unfired hot water storage
tank is a tank used to store water that
is heated externally. Id. DOE’s
regulations further clarify that all such
units are industrial equipment. Id.
DOE’s regulations for commercial
water heating equipment at 10 CFR
431.102 also include hot water supply
boilers, which are a type of packaged
boiler that is industrial equipment and
that:
(1) Has an input rating from 300,000
Btu/h to 12,500,000 Btu/h and of at least
4,000 Btu/h per gallon of stored water,
(2) Is suitable for heating potable
water, and
(3) Meets either or both of the
following conditions:
(i) It has the temperature and pressure
controls necessary for heating potable
water for purposes other than space
heating, or
(ii) The manufacturer’s product
literature, product markings, product
marketing, or product installation and
operation instructions indicate that the
boiler’s intended uses include heating
potable water for purposes other than
space heating.
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Title III, Part C 4 of EPCA (42 U.S.C.
6311–6317, as codified), added by
Public Law 95–619, Title IV, § 441(a),
established the Energy Conservation
Program for Certain Industrial
Equipment, a program which addresses
the energy efficiency of certain types of
commercial and industrial equipment,
including the commercial water-heating
equipment that is, in part, the subject of
this rulemaking. Relevant provisions of
the Act specifically include definitions
(42 U.S.C. 6311), energy conservation
standards (42 U.S.C. 6313), test
procedures (42 U.S.C. 6314), labelling
provisions (42 U.S.C. 6315), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6316).
The Energy Policy and Conservation
Act of 1992 (EPACT 1992), Public Law
102–486, amended EPCA and
established energy conservation
standards for commercial storage water
heaters, instantaneous water heaters,
and unfired water storage tanks. (42
U.S.C. 6313(a)(5)) Specifically, EPACT
1992 set standards for various types of
commercial water heating equipment in
terms of minimum thermal efficiency
(Et) and maximum standby loss (SL),
based on the type of fuel used, the type
of unit (e.g., storage type or
instantaneous type), and the input
capacity. The standard levels generally
corresponded to the levels in the
American Society of Heating,
Refrigerating and Air Conditioning
Engineers (ASHRAE) Standard 90.1,
Energy Standard for Buildings Except
Low-Rise Residential Buildings, as in
effect on October 24, 1992 (i.e.,
ASHRAE Standard 90.1–1989). In
acknowledgement of technological
changes that yield energy efficiency
benefits, Congress further directed DOE
through EPCA to consider amending the
existing Federal energy conservation
4 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
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standard for commercial water heating
equipment, each time ASHRAE
Standard 90.1 is amended with respect
to such equipment. (42 U.S.C.
6313(a)(6)(A)) EPCA also requires that if
a test procedure referenced in ASHRAE
Standard 90.1 is updated, DOE must
update its test procedure to be
consistent with the amended test
procedure, unless DOE determines that
the amended test procedure is not
reasonably designed to produce test
results which reflect the energy
efficiency, energy use, or estimated
operating costs of the ASHRAE
equipment during a representative
average use cycle. In addition, DOE
must determine that the amended test
procedure is not unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2) and (4))
Pursuant to the requirements of
EPCA, DOE last amended the energy
conservation standards for commercial
water heating equipment in a final rule
published in the Federal Register on
January 12, 2001. 66 FR 3336. The
amended energy conservation standards
largely corresponded to the levels
contained in ASHRAE Standard 90.1–
1999. In a direct final rule published in
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the Federal Register on October 21,
2004, DOE prescribed test procedures to
rate the energy efficiency of commercial
water heaters and hot water supply
boilers, specifying definitions for these
products as well as unfired hot water
storage tanks. 69 FR 61974. The rule
also recodified existing energy
conservation standards to locate them in
closer proximity in the CFR to the test
procedures that DOE promulgated. The
current standards for commercial water
heating equipment are set forth at 10
CFR 431.110 and shown in Table I.2
below.
TABLE I.2—ENERGY CONSERVATION STANDARDS FOR COMMERCIAL WATER HEATING EQUIPMENT (10 CFR 431.110)
Energy conservation standard* (products manufactured on and after
October 29, 2003) **
Product
Size
Minimum thermal
efficiency
Electric storage water heaters ....................
Gas-fired storage water heaters .................
Oil-fired storage water heaters ....................
Gas-fired instantaneous water heaters and
hot water supply boilers.
Oil-fired instantaneous water heaters and
hot water supply boilers.
Maximum standby loss ***
All ....................................
≤155,000 Btu/hr ..............
>155,000 Btu/hr ..............
≤155,000 Btu/hr ..............
>155,000 Btu/hr ..............
<10 gal ............................
N/A ..................................
80% .................................
80% .................................
78% .................................
78% .................................
80% .................................
0.30 + 27/Vm(%/hr)
Q/800 + 110(Vr) 1/2(Btu/hr)
Q/800 + 110(Vr) 1/2(Btu/hr)
Q/800 + 110(Vr) 1/2(Btu/hr)
Q/800 + 110(Vr) 1/2(Btu/hr)
N/A
≥10 gal ............................
<10 gal ............................
80% .................................
80% .................................
Q/800 + 110(Vr) 1/2(Btu/hr)
N/A
≥10 gal ............................
78% .................................
Q/800 + 110(Vr) 1/2(Btu/hr)
Product
Size
Minimum thermal insulation
Unfired hot water storage tank .................................................................
All ....................................
R–12.5
is the measured storage volume and Vr is the rated volume, both in gallons. Q is the nameplate input rate in Btu/h.
** For hot water supply boilers with a capacity of less than 10 gallons: (1) The standards are mandatory for products manufactured on and
after October 21, 2005, and (2) products manufactured prior to that date, and on or after October 23, 2003, must meet either the standards listed
in this table or the applicable standards in subpart E of this part for a ‘‘commercial packaged boiler.’’
*** Water heaters and hot water supply boilers having more than 140 gallons of storage capacity need not meet the standby loss requirement
if: (1) The tank surface area is thermally insulated to R–12.5 or more, (2) a standing pilot light is not used and (3) for gas or oil-fired storage
water heaters, they have a fire damper or fan-assisted combustion.
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*Vm
DOE’s test procedures for commercial
water heaters (other than commercial
heat pump water heaters) are found at
10 CFR 431.106 and as noted
previously, were established in an
October 21, 2004 direct final rule. 69 FR
61974. The test procedures for
commercial water heating equipment
are currently largely based on American
National Standards Institute (ANSI)
Z21.10.3–1998, Gas Water Heaters—
Volume III, Storage Water Heaters with
Input Ratings Above 75,000 Btu Per
Hour, Circulating and Instantaneous.
The test procedures include provisions
for determining thermal efficiency and
standby loss. DOE published a final rule
in the Federal Register on May 16, 2012
that amended the test procedures for
commercial water heating equipment to
reference the most current industry
standard (i.e., ANSI Z21.10.3–2011). 77
FR 28928. Compliance with the
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amended test procedures is required
beginning on May 13, 2013.
B. The American Energy Manufacturing
Technical Corrections Act (AEMTCA)
The AEMTCA amended EPCA to
require that DOE publish a final rule
establishing a uniform efficiency
descriptor and accompanying test
methods for covered water heaters (both
residential and commercial) not later
than one year after the enactment of the
AEMTCA. (42 U.S.C. 6295(e)(5)(B)) The
final rule must replace the current EF,
Et, and SL metrics with a uniform
efficiency descriptor. (42 U.S.C.
6295(e)(5)(C)) Further, the AEMTCA
requires that beginning one year after
the date of publication of DOE’s final
rule establishing the uniform descriptor,
the efficiency standards for covered
water heaters must be denominated
according to the uniform efficiency
descriptor established in the final rule
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(42 U.S.C. 6295(e)(5)(D)), and that DOE
must develop a mathematical
conversion factor for converting the
measurement of efficiency for covered
water heaters from the test procedures
and metrics currently in effect (i.e., EF
for residential water heaters and Et and
SL for commercial water heaters) to the
new uniform energy descriptor. (42
U.S.C. 6295(e)(5)(E)(ii)) Such conversion
factor would apply to affected water
heaters that are tested prior to the
establishment of the final rule. The
AEMTCA requires that the conversion
factor not affect the minimum efficiency
requirements for covered water heaters.
(42 U.S.C. 6295(e)(5)(E)(iii)) Covered
water heaters shall be considered to
comply with the final rule on and after
the effective date of the final rule and
with any revised labeling requirements
established by the Federal Trade
Commission to carry out the final rule
if the covered water heater was
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manufactured prior to the effective date
of the final rule and complied with the
efficiency standards and labeling
requirements in effect prior to the final
rule. (42 U.S.C. 6295(e)(5)(K))
The AEMTCA requires that the
uniform efficiency descriptor and
accompanying test method apply, to the
maximum extent practicable, to all
water heating technologies currently in
use and to future water heating
technologies. (42 U.S.C. 6295(e)(5)(H))
However, the AEMTCA allows DOE to
provide an exclusion from the uniform
efficiency descriptor for any specific
category of otherwise covered water
heaters that do not have a residential
use, that can be clearly described, and
that are effectively rated using the
current thermal efficiency and standby
loss descriptors. (42 U.S.C.
6295(e)(5)(F))
The AEMTCA also outlines DOE’s
options in terms of establishing a new
uniform efficiency descriptor for water
heaters. Specifically, the options
provided to DOE for a uniform
descriptor include: (1) A revised version
of the energy factor descriptor currently
in use; (2) the thermal efficiency and
standby loss descriptors currently in
use; (3) a revised version of the thermal
efficiency and standby loss descriptors;
(4) a hybrid of descriptors; or (5) a new
approach. (42 U.S.C. 6295(e)(5)(G)) Each
of these options is discussed in further
detail in section II.B.
Lastly, the AEMTCA also requires that
DOE invite interested stakeholders to
participate in the rulemaking process
used to establish the final rule (42
U.S.C. 6295(e)(5)(I)), and that DOE
contract with the National Institute of
Standards and Technology (NIST), as
necessary, to conduct testing and
simulation of alternative descriptors
identified for consideration (42 U.S.C.
6295(e)(5)(J))
In response to the statutory provisions
of the AEMTCA, DOE envisions
developing an energy efficiency metric
(or metrics) that covers all residential
and commercial water heaters. Such
metric (or metrics) would be determined
through a test method that is as uniform
as possible while still producing a rating
that is representative of performance
under conditions that approximate
actual usage. Additionally, DOE will
strive to develop a uniform test method
that would minimize incremental test
burdens on manufacturers to the extent
possible.
II. Discussion
A. Implications of the AEMTCA
DOE tentatively interprets the
relevant provisions of the AEMTCA to
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mean that a single efficiency metric and
test method should apply to all water
heaters currently covered under
residential and commercial test methods
unless circumstances justify use of the
exclusion provided under 42 U.S.C.
6295(e)(5)(F). This interpretation means
that water heaters from the smallest
capacity and size rating used in
residential applications all the way up
to the largest capacity covered under
DOE’s commercial water heater program
should be subject to the same rating
metric and testing procedures. These
test methods and the resulting uniform
rating metric should cover all fuel types
and technologies, including storage
water heaters, instantaneous water
heaters, integral heat pump water
heaters, non-integral heat pump water
heaters, unfired hot water storage tanks,
and hot water supply boilers. In
addition, DOE believes it may be
appropriate for the uniform descriptor
and test methods to also address hot
water supply boilers, which are
included with other types of
commercial water heating equipment in
DOE’s regulations at 10 CFR 431.110,
although they are not explicitly called
out among the covered products in 42
U.S.C. 6295(e)(5)(A). DOE is interested
in receiving comment on whether the
uniform efficiency descriptor should
apply to all types of residential and
commercial water heaters covered by
EPCA, hot water supply boilers, and
unfired hot water storage tanks. Lastly,
DOE acknowledges that the AEMTCA
provides for the possibility of an
exclusion for certain water heaters from
the uniform efficiency metric and
accompanying test method (42 U.S.C.
6295(e)(5)(F) and further discusses this
exclusion below in section II.D.
B. Potential Approaches To Address the
Requirements of the AEMTCA
As noted previously, the AEMTCA
provides five options by which DOE can
meet the relevant requirements related
to water heaters. (42 U.S.C.
6295(e)(5)(G)) Each of these options is
discussed for comment in the sections
that immediately follow.
1. Revised Energy Factor Metric
Energy factor is currently the
regulating metric for residential water
heaters. Energy factor is a measure of
the overall efficiency of the water heater
and accounts for efficiency during
active, standby, and cyclical operation.
DOE’s test method for determining
energy factor currently includes a 24hour simulated use test consisting of six
hot water draws followed by a standby
period. 10 CFR part 430, subpart B,
appendix E.
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DOE has tentatively decided that the
revised energy factor approach would
follow the general technique for
determining energy factor that is
currently in place for residential water
heaters. The current approach provides
the efficiency of the water heater over a
defined period of time (currently 24
hours) subject to a specified usage
profile and ambient conditions. Based
on comments received in response to
the October 2011 RFI (76 FR 63211),
DOE believes that a 24-hour simulateduse test is the most viable method for
obtaining the energy factor for
residential water heaters.
Advantages of such an approach are
that it results in a single descriptor that
is clear and concise for evaluating the
efficiency of a water heater and that it
is applicable across all fuel types, sizes,
and technologies. All water heaters
would be subject to a simulated-use test
that is similar to the test currently
required for residential water heaters.
The simulated-use test provides a means
by which the water heater’s efficiency is
determined under a pattern of
representative usage. A properly
designed simulated-use test can also be
technologically agnostic, meaning that
the test applies to water heaters utilizing
any water heating technology and that it
would properly represent the efficiency
of one technology versus another for a
particular application.
A disadvantage of the current
simulated-use test is that it requires
assumptions of in-field usage, and a
single use pattern as currently applied
in the residential test procedure would
not be appropriate for the wide range of
water heaters covered under this
legislation. The October 2011 RFI
requested comments on the
appropriateness of the draw pattern. 76
FR 63211, 63214 (Oct. 12, 2011). Among
the comments, some mentioned the
need to implement multiple draw
patterns appropriate for different size
classes. This technique may provide
more appropriate demands for a range of
water heaters, and allow for an accurate
representation of efficiency of a wide
range of different water heaters,
including those that are currently rated
as commercial units. However, one
potential disadvantage of using
multiple, differing draw patterns would
be the increased complexity of a
simulated-use test and the added test
time.
In addition to comments on the
appropriateness of a simulated-use test
approach, DOE also seeks comment on
draw patterns that could be used in
extending such an approach to water
heaters intended for the commercial
market.
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2. Existing Thermal Efficiency and
Standby Loss Metrics
pump water heaters and gas
instantaneous water heaters.
Thermal efficiency and standby loss
are currently the regulating metrics for
commercial water heating equipment,
with the exception of unfired storage
tanks which are regulated by minimum
thermal insulation. Thermal efficiency
accounts for the efficiency of a water
heater during active operation, while
standby loss accounts for efficiency
during standby periods. DOE’s test
methods for determining thermal
efficiency and standby loss reference the
industry standard, ANSI Z21.10.3, and
are specified at 10 CFR 431.106.
DOE has tentatively decided that this
option would use the thermal efficiency
and standby loss metrics and test
methods that are currently in place for
the commercial water heating
equipment for all covered water heaters,
including residential units that are
currently rated using energy factor.
The key advantage of this approach is
that the tests would be simpler to
implement. No changes would be
needed to the commercial water heaters
test method, because that same test
procedure, as it exists today, could be
applied to both residential and
commercial models. While this may be
true from a technical perspective, there
may be disadvantages in terms of
characterizing representative use, as
explained below.
A disadvantage of this approach is
that it does not account for energy
efficiency performance during cyclical
portions of water heater operation.
Comments to the October 2011 RFI (76
FR 63211) indicated that field data show
lower efficiency in the actual use
compared to the rating obtained using
the current DOE simulated use test
because of cycling of the units between
warm and cold states under usage
typically seen in residences. The
thermal efficiency is a measure of
efficiency during the water delivery
stage, and the standby loss factor is a
measure of efficiency during the
standby mode stage. Neither of these
metrics would capture the losses
associated with cyclical warm-up and
cool-down of water heaters. It is also
questionable whether thermal efficiency
is an appropriate metric for smaller
storage water heaters, because they are
not designed to provide a large supply
of hot water continuously. It should also
be noted that the test procedure for
residential water heaters utilized the
thermal efficiency and standby loss tests
up until 1990, when a simulated use test
was adopted to make the test uniform
across technologies, particularly for heat
3. Revised Thermal Efficiency and
Standby Loss Metrics
DOE has tentatively decided that this
approach would be a modified version
of the current commercial water heater
test procedure that results in the same
descriptors, albeit with potentially
modified meanings, as those currently
used to rate commercial water heaters.
One option would be to use a metric
similar to the recovery efficiency and
standby heat loss coefficient as
computed in the current residential
water heater test procedure.
The advantage of such an approach is
that simpler laboratory tests that are
more repeatable could theoretically be
used to rate efficiency. Revisions to the
original metrics and test methods, such
as changes to account for cycling effects,
changes to the water delivery
temperature, and ambient conditions,
could make them more suitable for
residential water heaters compared to
the existing metrics.
Disadvantages with this approach are
the same as those discussed above in
section II.B.2 for the existing thermal
efficiency and standby loss metrics.
Most notably, it is not clear that these
metrics would capture efficiency effects
of cycling water heaters on and off.
Additionally, DOE is not aware of any
proposed approaches other than those
discussed related to the residential
water heater test method incorporating
revised thermal efficiency and standby
loss descriptors, nor is it aware of what
specifically can be done to revise or
improve thermal efficiency and standby
loss to accomplish the intent of the
AEMTCA.
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4. Hybrid Efficiency Metric
DOE has tentatively decided that this
approach would involve a combination
of the current energy factor, thermal
efficiency, and standby loss metrics into
a new single uniform descriptor. DOE
anticipates that such a metric would
utilize some combination of the existing
test procedures and aspects of the
existing metrics to obtain information
for the new hybrid metric.
The advantage of such an approach is
that parts or all of existing test methods
could be utilized, thereby decreasing the
effort for manufacturers and testing
agencies in developing test programs
even if certain portions of those test
methods had not been previously
applied to all models of water heaters.
The disadvantage of such an approach
could be that it would require more tests
on each water heater if each water
heater should need to undergo a test to
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2345
determine multiple individual metrics
that ultimately result in a single, hybrid
metric, resulting in a higher burden on
manufacturers. The testing method to
obtain a uniform ‘‘hybrid’’ metric may
lead to biases between different water
heating technologies if the performance
model fails to capture critical aspects of
a particular technology’s operation. This
model may also require adjustment as
new technologies emerge. Furthermore,
DOE is not aware of any proposed
approaches towards developing a hybrid
metric, nor what specifically could be
done by a hybrid metric to accomplish
the intent of the AEMTCA.
5. New Approach
DOE seeks comment on any other
approach or descriptor that it should
consider that has not previously been
discussed.
C. Conversion Factor
The AEMTCA requires that DOE
develop a temporary mathematical
conversion factor for converting the
measurement of efficiency for covered
water heaters from the existing test
procedures to the new energy descriptor
established under the final rule. (42
U.S.C. 6295(e)(5)(E)) The allowance to
use the conversion factor will expire 1
year after publication of such
conversion factor or December 31, 2015,
whichever is later. (42 U.S.C.
6295(e)(5)(E)(v)) The form and
magnitude of this mathematical
conversion factor would depend on
which option is chosen, and on the
extent of accompanying test procedure
modifications. Thus, particularly for
comments related to new or adjusted
metrics, DOE seeks comment on ways to
convert from the existing metrics for the
different types of residential and
commercial water heaters to the uniform
metric, as discussed above.
D. Exclusions
The AEMTCA indicates that the final
rule may exclude a specific category of
covered water heaters from the uniform
efficiency descriptor, if such category of
water heaters: (1) Does not have a
residential use and can be clearly
described in the final rule; and (2) can
be effectively rated using the existing
thermal efficiency and standby loss
descriptors. (42 U.S.C. 6295(e)(5)(F))
Tentatively, DOE does not view the
exclusion as applying to all models that
are solely offered for non-residential
applications, and the Department notes
that the statute states that DOE’s final
rule may exclude certain types of water
heaters. Moreover, under 42 U.S.C.
6295(e)(5)(H), the AEMTCA states that
‘‘[t]he efficiency descriptor and
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accompanying test method established
under the final rule shall apply, to the
maximum extent practicable, to all
water heater technologies in use * * *
and to future water heater
technologies.’’ If DOE were to review
the exclusion in a broad manner, it
would apply to a large subset of models
that currently are characterized as
commercial water heaters under DOE’s
regulatory scheme. In addition, it is
unclear how the Department could
create an equitable distinction for
application of the exclusion based on a
manufacturer’s claim of intended use of
its product. DOE also notes that no other
statutory section specifically indicates
that the uniform descriptor should only
apply to water heaters intended for
residential use, and thus, DOE believes
the uniform descriptor should apply to
all covered water heaters, unless a clear
need exists and the statutory criteria for
using the exclusion are met. It is DOE’s
position that an expansive view of the
above-referenced exclusion authority
would largely undermine the purposes
of AEMTCA in terms of achieving a
uniform efficiency metric and test
method for all water heaters.
With the above understanding in
mind, DOE has tentatively concluded
that a uniform efficiency descriptor and
test method would be possible for all
water heaters covered by the statute, but
DOE seeks comment on the types of
water heaters, if any, that should be
excluded, along with a rationale to
support such exclusion. (42 U.S.C.
6295(e)(5)(F)) As an example, DOE notes
that unfired storage tanks and
commercial ‘‘add-on’’ heat pump water
heaters (which are typically shipped
without tanks and the paired with a
storage tank or storage water heater) are
not completely contained water heating
systems, and are required to be paired
with other water heating equipment in
the field to operate as intended. As
such, these types of equipment have
specific characteristics that may not be
conducive to a uniform efficiency
metric, and certain efficiency metrics
may not be applicable to these types of
equipment depending on the testing
requirements for that metric. DOE
requests comment on whether these
types of equipment should be excluded
from the uniform efficiency descriptor
requirement.
If stakeholders were to suggest that
DOE exclude certain heaters that do not
have a residential use, comments are
sought as to how to distinguish those
water heaters based on characteristics of
the products. DOE would be interested
in comments regarding whether the
storage volume, energy input capacity,
output capacity as determined through
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testing, or another means would be
appropriate for indicating which water
heaters clearly do not have a residential
use and are effectively rated under
current procedures.
At this point, the Department
tentatively expects the exclusions, if
any, to be limited in number. DOE seeks
comments on the characteristics of any
types of water heaters that should be
excluded from this uniform efficiency
descriptor, as well as the rationale for
doing so.
E. Other Concerns
DOE seeks comments on any other
issues that may relate to the
development of a uniform efficiency
descriptor and test methods, and the
requirements of the AEMTCA. In
particular, DOE has identified several
additional issues below for discussion.
1. Representative Test Procedures
As noted above, under 42 U.S.C. 6293
and 6314, EPCA sets forth the criteria
and procedures DOE must follow when
prescribing or amending test procedures
for covered products and equipment.
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) and 6314(a)(2)) Usage
patterns between water heaters intended
for residential applications and those
intended for commercial applications,
however, are vastly different, as dictated
by factors such as water delivery
temperature, flow rate, total volume of
water delivered per day, and draw
pattern. In addition, environmental
factors that could affect performance
(e.g., such as ambient air temperature,
ambient relative humidity, and inlet
water temperature) may also vary. DOE
seeks comments on the best approaches
to managing these wide ranges of
conditions for testing purposes, while
still meeting the requirements of EPCA
to produce energy efficiency results
during a representative period of use
and not be unduly burdensome to
conduct.
2. Measures of Delivery Capacity
The current DOE residential water
heater test procedure requires a test to
measure the delivery capacity of the
water heater, resulting in either a firsthour rating for storage water heaters or
a maximum gallons-per-minute rating
for instantaneous water heaters. No
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equivalent test for delivery capacity is
present for commercial water heaters.
DOE seeks comments on the need for
this metric for water heaters intended
for non-residential applications.
Additionally, DOE seeks comments
regarding the applicability of the
metrics and test methods currently
present in the residential water heater
test procedure (first-hour rating,
maximum gallons-per-minute) for
commercial water heaters.
3. Implications for Current Energy
Conservation Standards
In developing the uniform efficiency
descriptor, the AEMTCA requires that
DOE develop a mathematical conversion
factor (discussed in section II.C) for
converting the measurement of
efficiency for covered water heaters
under the current test procedures to the
uniform descriptor. The AEMTCA
stipulates that the conversion factor
shall not affect the minimum efficiency
requirements for covered water heaters.
To address this requirement, DOE
plans to develop a conversion factor as
discussed in section II.C and apply it to
the current energy conservation
standards to equate the standards under
the existing metric and test procedures
to the standards using the new uniform
efficiency metric and test procedures.
DOE requests comment on this
approach to maintaining equivalent
efficiency standards, and on the
appropriate approach to develop the
mathematical conversion.
III. Public Participation
DOE invites all interested parties to
submit in writing by February 11, 2013,
comments and information on matters
addressed in this notice and on other
matters relevant to DOE’s consideration
of a uniform efficiency descriptor and
accompanying test methods for
residential and commercial water
heaters.
After the close of the comment period,
DOE will begin collecting data,
conducting the relevant analyses, and
reviewing the public comments. These
actions will be taken to aid in the
development of a test procedure NOPR
for residential and commercial water
heaters that establishes a uniform
efficiency descriptor and accompanying
test method.
DOE considers public participation to
be a very important part of the process
for developing the uniform energy
descriptor and developing updates to
the test procedure, if necessary, to
accommodate the new metric. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of the
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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 email at
Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on January 7,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–00483 Filed 1–10–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. FHWA–2012–0118]
National Standards for Traffic Control
Devices; the Manual on Uniform Traffic
Control Devices for Streets and
Highways; Notification and Request for
Comment
Federal Highway
Administration (FHWA), DOT.
ACTION: Notification; request for
comment.
AGENCY:
The Manual on Uniform
Traffic Control Devices (MUTCD) is
incorporated in our regulations,
approved by the Federal Highway
Administration, and recognized as the
national standard for traffic control
devices used on all streets, highways,
bikeways, and private roads open to
public travel. Consistent with Executive
Order 13563, and in particular its
emphasis on burden-reduction and on
retrospective analysis of existing rules,
this document requests comments on
potential formats for restructuring the
MUTCD into two documents, one that
would be subject to rulemaking and one
that would contain supplemental
information that is not subject to
rulemaking. This document asks for
responses to a series of questions
regarding formats, types of material to
be included in each document,
implications on agency acceptance of
the MUTCD, ease of use, and effects on
future MUTCD updates.
DATES: Comments must be received on
or before March 12, 2013.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
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Transportation, Dockets Management
Facility, Room W12–140, 1200 New
Jersey Avenue SE., Washington, DC
20590, or fax comments to (202) 493–
2251. Alternatively, comments may be
submitted to the Federal eRulemaking
portal at https://www.regulations.gov. All
comments must include the docket
number that appears in the heading of
this document. All comments received
will be available for examination and
copying at the above address from 9
a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays. Those
desiring notification of receipt of
comments must include a selfaddressed, stamped postcard or you
may print the acknowledgment page
that appears after submitting comments
electronically. Anyone is able to search
the electronic form of all comments in
any one of our dockets by the name of
the individual submitting the comment
(or signing the comment, if submitted
on behalf of an association, business, or
labor union). Anyone may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70, Pages
19477–78).
FOR FURTHER INFORMATION CONTACT: For
questions about the program discussed
herein, contact Mr. Chung Eng, MUTCD
Team Leader, FHWA Office of
Transportation Operations, (202) 366–
8043 or via email at chung.eng@dot.gov.
For legal questions, please contact Mr.
William Winne, Office of the Chief
Counsel, (202) 366–1397, or via email at
william.winne@dot.gov. Office hours are
from 8:00 a.m. to 4:30 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments
online through the Federal eRulemaking
portal at: https://www.regulations.gov.
The Web site is available 24 hours each
day, 365 days each year. Please follow
the instructions. Electronic submission
and retrieval help and guidelines are
available under the help section of the
Web site. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
home page at: https://www.archives.gov
and the Government Printing Office’s
Web page at: https://
www.access.gpo.gov/nara.
Purpose of This Notification
The FHWA is interested in examining
how to provide a simpler, streamlined
MUTCD through restructuring the
content into two separate documents—
one with material deemed critical to
traffic control device design, application
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or traffic safety that would be subject to
rulemaking, and one containing
supplemental application information
that would not be subject to rulemaking.
This action promotes a more responsive
and efficient government. It is
consistent with the requirements of
Executive Order 13563, and in
particular its requirement for
retrospective analysis of existing rules,
with an emphasis on streamlining its
regulations. This action is also
consistent with Presidential
Memorandum, Administrative
Flexibility, which calls for reducing
burdens and promoting flexibility for
State and local governments.
The purpose of this document is to
present a discussion of potential formats
for a restructured MUTCD as well as to
provide descriptions and examples of
the types of material that could
potentially be moved from the MUTCD
to the Applications Supplement,
including examples showing two
restructuring options with text from
Chapter 2B of the 2009 MUTCD. The
examples can be viewed at
www.regulations.gov under the docket
number listed in the heading of this
document. The FHWA is seeking
comments from all interested parties to
help the FHWA in further examining
these issues and in evaluating potential
future alternative courses of action.
Specifically, the FHWA seeks input on
the type of material to be included in
the MUTCD and the Applications
Supplement, as well as the formats for
both documents. This document also
includes a set of specific questions for
which the FHWA requests input. While
there are specific questions presented
on aspects associated with restructuring
the MUTCD, comments and input may
be offered on any part of this
notification.
Background
The MUTCD is incorporated by
reference within Federal regulations at
23 CFR part 655, approved by the
FHWA, and recognized as the national
standard for traffic control devices used
on all public roads. The FHWA has
received comments from a variety of
parties expressing concerns about the
size and complexity in application of
the MUTCD as it has evolved over the
decades. To address those issues, the
FHWA is exploring the possibility of
separating the MUTCD into two
documents.
Since its inception in 1935, the
MUTCD has grown from slightly over
150 pages to more than 850 pages. The
most significant expansion in the
number of pages in the MUTCD has
occurred in the last three editions, the
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]]>Agencies
[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Proposed Rules]
[Pages 2340-2347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00483]
========================================================================
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. 78, No. 8 / Friday, January 11, 2013 /
Proposed Rules
[[Page 2340]]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2011-BT-TP-0042]
RIN 1904-AC53
Energy Conservation Program: Test Procedures for Residential
Water Heaters and Commercial Water 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 the rulemaking and data
collection process to develop a uniform efficiency descriptor and
accompanying test method for residential water heaters and commercial
water heaters. This test procedure rulemaking is intended to fulfill
DOE's statutory obligation to develop a uniform efficiency descriptor
for residential and commercial water heaters pursuant to the amendments
to the Energy Policy and Conservation Act (EPCA) brought about by the
American Energy Manufacturing Technical Corrections Act (AEMTCA; H.R.
6582), which was signed into law on December 18, 2012 (Pub. L. 112-
210). To inform interested parties and to facilitate this process, DOE
has identified several issues in this RFI on which DOE is particularly
interested in receiving comment from interested parties. In overview,
the issues outlined in this document are mainly associated with:
Currently available efficiency metrics and test procedures for rating
the efficiency of residential and commercial water heaters; the
requirements for a uniform metric set forth in the AEMTCA; and
available options for DOE to address those statutory requirements. DOE
welcomes written comments from the public on any subject within the
scope of this rulemaking (including relevant topics not specifically
raised in this RFI).
DATES: Written comments and information are requested on or before
February 11, 2013.
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 regulatory identification number (RIN) 1904-AC53, by any
of the following methods:
Email: 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, 6th Floor, 950 L'Enfant Plaza
SW., 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.
Instructions: All submissions received must include the agency name
and docket number 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. Email: Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: 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. Email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
1. Residential Water Heaters
2. Commercial Water Heaters
B. The American Energy Manufacturing Technical Corrections Act
(AEMTCA)
II. Discussion
A. Implications of the AEMTCA
B. Potential Approaches To Address the Requirements of the
AEMTCA
1. Revised Energy Factor Metric
2. Existing Thermal Efficiency and Standby Loss Metrics
3. Revised Thermal Efficiency and Standby Loss Metrics
4. Hybrid Efficiency Metric
5. New Approach
C. Conversion Factor
D. Exclusions
E. Other Concerns
1. Representative Test Procedures
2. Measures of Delivery Capacity
3. Implications for Current Energy Conservation Standards
III. Public Participation
I. Introduction
The American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210, amended the Energy Policy and
Conservation Act of 1975 (EPCA or the Act), Public Law 94-163, to
require that the U.S. Department of Energy (DOE or the Department)
publish a final rule establishing a uniform efficiency descriptor and
accompanying test methods for covered residential water heaters and
commercial water heating equipment within one year of the enactment of
the
[[Page 2341]]
AEMTCA.\1\ (42 U.S.C. 6295(e)(5)) Historically, DOE has administered
its energy conservation standards (and specified the requisite test
procedures) for residential water heaters and commercial water heaters
separately. Thus, the historical background and statutory authority for
these products are divided along those lines in the discussion that
follows (i.e., sections I.A.1 and I.A.2). In addition, background
information on the AEMTCA is presented in section I.B.
---------------------------------------------------------------------------
\1\ The AEMTCA was signed into law on December 18, 2012, so
accordingly, DOE must complete the required rulemaking by December
18, 2013.
---------------------------------------------------------------------------
A. Authority and Background
1. Residential Water Heaters
Residential water heaters are products that use oil, gas, or
electricity to heat potable water for use outside the heater upon
demand. These include storage type units, instantaneous type units, and
heat pump type units.\2\ (42 U.S.C. 6291(27))
---------------------------------------------------------------------------
\2\ In a final rule published in the Federal Register on April
16, 2010, DOE determined that heat pump type water heaters with an
integrated storage tank are a type of electric storage water heater,
but that heat pump type water heaters without an integrated storage
tank do not meet the definition of a ``water heater'' and are,
therefore, not covered equipment under EPCA. 75 FR 20112, 20126 and
20135.
---------------------------------------------------------------------------
Title III, Part B \3\ of EPCA (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, which includes the residential water
heaters that are, in part, the subject of today's notice. (42 U.S.C.
6291(1)-(2) and 6292(a)(4))
---------------------------------------------------------------------------
\3\ This part was originally titled Part B. It was redesignated
as Part A in the United States Code for editorial reasons.
---------------------------------------------------------------------------
This program authorizes DOE to establish technologically feasible,
economically justified energy efficiency regulations for certain
products and equipment that would be likely to result in substantial
national energy savings. (42 U.S.C. 6295(o)(2)-(3)) 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 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 and 6314, EPCA sets forth criteria and
procedures that DOE must follow when prescribing or amending test
procedures for covered products and equipment. 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) and 6314(a)(2))
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) and 6314(b)) Also, 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 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), Public Law 110-140, amended EPCA to require that at least once
every 7 years, DOE must review test procedures for all covered products
and equipment and either amend the 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 6314(a)(2)) or
publish notice in the Federal Register of any determination not to
amend a test procedure. (42 U.S.C. 6293(b)(1)(A) and 6314(a)(1))
The National Appliance Energy Conservation Act of 1987 (NAECA),
Public Law 100-12, amended EPCA and established energy conservation
standards for residential water heaters, as well as requirements for
determining whether these standards should be amended. (42 U.S.C.
6295(e)) Specifically, NAECA set minimum standards for residential
water heaters in terms of the energy factor (EF) and required that DOE
publish a final rule to determine whether the standard should be
amended no later than January 1, 1992. (42 U.S.C. 6295(e)(1) and
(4)(A)) It also required that DOE publish another final rule by January
1, 2000 to determine whether standards in effect for such products
should again be amended. (42 U.S.C. 6295(e)(4)(B))
Pursuant to 42 U.S.C. 6295(e)(4)(A), DOE published a final rule in
the Federal Register on January 17, 2001 (hereafter referred to as the
``January 2001 final rule''), amending statutorily-prescribed energy
conservation standards for residential water heaters. 66 FR 4474.
Compliance with the standards in the January 2001 final rule was
required by January 20, 2004. Pursuant to 42 U.S.C. 6295(e)(4)(B), DOE
published a final rule in the Federal Register on April 16, 2010,
amending the energy conservation standards for residential water
heaters for a second time. 75 FR 20112. Compliance with the standards
in the April 2010 final rule will be required beginning on April 16,
2015. The current and future energy conservation standards for
residential water heaters are presented in Table I.1 immediately below.
Table I.1--Energy Conservation Standards for Residential Water Heaters
(10 CFR 430.32(d))
------------------------------------------------------------------------
Energy factor (EF)
Product class as of January 20, Energy factor (EF)
2004 as of April 16, 2015
------------------------------------------------------------------------
Gas-fired Storage........... EF = 0.67 - (0.0019 For tanks with a
x Rated Storage Rated Storage
Volume in gallons). Volume at or below
55 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).
[[Page 2342]]
Electric Storage............ EF = 0.97 - (0.00132 For tanks with a
x Rated Storage Rated Storage
Volume in gallons). Volume at or below
55 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).
Oil-fired Storage........... EF = 0.59 - (0.0019 EF = 0.68 - (0.0019
x Rated Storage x Rated Storage
Volume in gallons). Volume in gallons).
Gas-fired Instantaneous..... EF = 0.62 - (0.0019 EF = 0.82 - (0.0019
x Rated Storage x Rated Storage
Volume in gallons). Volume in gallons).
------------------------------------------------------------------------
Electric Instantaneous...... EF = 0.93 - (0.00132 x Rated Storage
Volume in gallons).
Tabletop.................... EF = 0.93 - (0.00132 x Rated Storage
Volume in gallons).
------------------------------------------------------------------------
Note: The Rated Storage Volume equals the water storage capacity of a
water heater, in gallons, as specified by the manufacturer.
DOE's test procedures for residential water heaters are found at 10
CFR 430.23(e) and 10 CFR part 430, subpart B, appendix E, Uniform Test
Method for Measuring the Energy Consumption of Water Heaters. The test
procedures include provisions for determining the energy efficiency
(EF), as well as the annual energy consumption of these products.
The following provides a brief history of DOE's more recent test
procedure rulemakings related to residential water heaters. The current
DOE test procedures for residential water heaters were established by a
final rule published in the Federal Register on May 11, 1998 (63 FR
25996), and subsequently updated through final rules published in July
1998 and January 2001. (63 FR 38737 (July 20, 1998); 66 FR 4474 (Jan.
17, 2001)) The July 1998 final rule was a technical correction that
added figures to the test procedure, and the January 2001 amendments
added a definition to the test procedure, although the bulk of that
final rule was dedicated to amended energy conservation standards for
residential water heaters. On December 17, 2012, DOE published a final
rule in the Federal Register, as required under 42 U.S.C. 6295(gg)(2),
that concluded that no modifications were needed to the residential
water heater test procedure to account for standby mode and off mode
energy consumption, as the existing test procedure already accounted
for those modes of energy consumption. 77 FR 74559. DOE initiated a
rulemaking to consider updates to the water heater test procedure by
publishing an RFI in the Federal Register on October 12, 2011
(hereafter referred to as the October 2011 RFI). 76 FR 63211.
2. Commercial Water Heaters
DOE's regulations include the following types of commercial water
heating equipment: (1) Gas-fired, electric, and oil-fired commercial
storage water heaters; (2) gas-fired and oil-fired instantaneous water
heaters; (3) hot water supply boilers; and (4) unfired hot water
storage tanks. 10 CFR 431.2. Commercial storage type water heaters heat
and store water within the appliance at a thermostatically-controlled
temperature for delivery on demand; commercial storage type water
heaters do not include units with an input rating of 4,000 Btu per hour
or more per gallon of stored water. 10 CFR 431.102. Commercial
instantaneous type waters heater include water heaters that have an
input rating of at least 4,000 Btu per hour per gallon of stored water,
including products meeting this description that are designed to heat
water to temperatures of 180 [deg]F or higher. Id. An unfired hot water
storage tank is a tank used to store water that is heated externally.
Id. DOE's regulations further clarify that all such units are
industrial equipment. Id.
DOE's regulations for commercial water heating equipment at 10 CFR
431.102 also include hot water supply boilers, which are a type of
packaged boiler that is industrial equipment and that:
(1) Has an input rating from 300,000 Btu/h to 12,500,000 Btu/h and
of at least 4,000 Btu/h per gallon of stored water,
(2) Is suitable for heating potable water, and
(3) Meets either or both of the following conditions:
(i) It has the temperature and pressure controls necessary for
heating potable water for purposes other than space heating, or
(ii) The manufacturer's product literature, product markings,
product marketing, or product installation and operation instructions
indicate that the boiler's intended uses include heating potable water
for purposes other than space heating.
Title III, Part C \4\ of EPCA (42 U.S.C. 6311-6317, as codified),
added by Public Law 95-619, Title IV, Sec. 441(a), established the
Energy Conservation Program for Certain Industrial Equipment, a program
which addresses the energy efficiency of certain types of commercial
and industrial equipment, including the commercial water-heating
equipment that is, in part, the subject of this rulemaking. Relevant
provisions of the Act specifically include definitions (42 U.S.C.
6311), energy conservation standards (42 U.S.C. 6313), test procedures
(42 U.S.C. 6314), labelling provisions (42 U.S.C. 6315), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316).
---------------------------------------------------------------------------
\4\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
The Energy Policy and Conservation Act of 1992 (EPACT 1992), Public
Law 102-486, amended EPCA and established energy conservation standards
for commercial storage water heaters, instantaneous water heaters, and
unfired water storage tanks. (42 U.S.C. 6313(a)(5)) Specifically, EPACT
1992 set standards for various types of commercial water heating
equipment in terms of minimum thermal efficiency (Et) and
maximum standby loss (SL), based on the type of fuel used, the type of
unit (e.g., storage type or instantaneous type), and the input
capacity. The standard levels generally corresponded to the levels in
the American Society of Heating, Refrigerating and Air Conditioning
Engineers (ASHRAE) Standard 90.1, Energy Standard for Buildings Except
Low-Rise Residential Buildings, as in effect on October 24, 1992 (i.e.,
ASHRAE Standard 90.1-1989). In acknowledgement of technological changes
that yield energy efficiency benefits, Congress further directed DOE
through EPCA to consider amending the existing Federal energy
conservation
[[Page 2343]]
standard for commercial water heating equipment, each time ASHRAE
Standard 90.1 is amended with respect to such equipment. (42 U.S.C.
6313(a)(6)(A)) EPCA also requires that if a test procedure referenced
in ASHRAE Standard 90.1 is updated, DOE must update its test procedure
to be consistent with the amended test procedure, unless DOE determines
that the amended test procedure is not reasonably designed to produce
test results which reflect the energy efficiency, energy use, or
estimated operating costs of the ASHRAE equipment during a
representative average use cycle. In addition, DOE must determine that
the amended test procedure is not unduly burdensome to conduct. (42
U.S.C. 6314(a)(2) and (4))
Pursuant to the requirements of EPCA, DOE last amended the energy
conservation standards for commercial water heating equipment in a
final rule published in the Federal Register on January 12, 2001. 66 FR
3336. The amended energy conservation standards largely corresponded to
the levels contained in ASHRAE Standard 90.1-1999. In a direct final
rule published in the Federal Register on October 21, 2004, DOE
prescribed test procedures to rate the energy efficiency of commercial
water heaters and hot water supply boilers, specifying definitions for
these products as well as unfired hot water storage tanks. 69 FR 61974.
The rule also recodified existing energy conservation standards to
locate them in closer proximity in the CFR to the test procedures that
DOE promulgated. The current standards for commercial water heating
equipment are set forth at 10 CFR 431.110 and shown in Table I.2 below.
Table I.2--Energy Conservation Standards for Commercial Water Heating Equipment (10 CFR 431.110)
----------------------------------------------------------------------------------------------------------------
Energy conservation standard* (products
manufactured on and after October 29, 2003) **
Product Size ----------------------------------------------------
Minimum thermal
efficiency Maximum standby loss ***
----------------------------------------------------------------------------------------------------------------
Electric storage water heaters..... All................... N/A................... 0.30 + 27/Vm(%/hr)
Gas-fired storage water heaters.... <=155,000 Btu/hr...... 80%................... Q/800 + 110(Vr) 1/2(Btu/hr)
>155,000 Btu/hr....... 80%................... Q/800 + 110(Vr) 1/2(Btu/hr)
Oil-fired storage water heaters.... <=155,000 Btu/hr...... 78%................... Q/800 + 110(Vr) 1/2(Btu/hr)
>155,000 Btu/hr....... 78%................... Q/800 + 110(Vr) 1/2(Btu/hr)
Gas-fired instantaneous water <10 gal............... 80%................... N/A
heaters and hot water supply
boilers.
>=10 gal.............. 80%................... Q/800 + 110(Vr) 1/2(Btu/hr)
Oil-fired instantaneous water <10 gal............... 80%................... N/A
heaters and hot water supply
boilers.
>=10 gal.............. 78%................... Q/800 + 110(Vr) 1/2(Btu/hr)
----------------------------------------------------------------------------------------------------------------
Product Size Minimum thermal insulation
----------------------------------------------------------------------------------------------------------------
Unfired hot water storage tank............................. All................... R-12.5
----------------------------------------------------------------------------------------------------------------
*Vm is the measured storage volume and Vr is the rated volume, both in gallons. Q is the nameplate input rate in
Btu/h.
** For hot water supply boilers with a capacity of less than 10 gallons: (1) The standards are mandatory for
products manufactured on and after October 21, 2005, and (2) products manufactured prior to that date, and on
or after October 23, 2003, must meet either the standards listed in this table or the applicable standards in
subpart E of this part for a ``commercial packaged boiler.''
*** Water heaters and hot water supply boilers having more than 140 gallons of storage capacity need not meet
the standby loss requirement if: (1) The tank surface area is thermally insulated to R-12.5 or more, (2) a
standing pilot light is not used and (3) for gas or oil-fired storage water heaters, they have a fire damper
or fan-assisted combustion.
DOE's test procedures for commercial water heaters (other than
commercial heat pump water heaters) are found at 10 CFR 431.106 and as
noted previously, were established in an October 21, 2004 direct final
rule. 69 FR 61974. The test procedures for commercial water heating
equipment are currently largely based on American National Standards
Institute (ANSI) Z21.10.3-1998, Gas Water Heaters--Volume III, Storage
Water Heaters with Input Ratings Above 75,000 Btu Per Hour, Circulating
and Instantaneous. The test procedures include provisions for
determining thermal efficiency and standby loss. DOE published a final
rule in the Federal Register on May 16, 2012 that amended the test
procedures for commercial water heating equipment to reference the most
current industry standard (i.e., ANSI Z21.10.3-2011). 77 FR 28928.
Compliance with the amended test procedures is required beginning on
May 13, 2013.
B. The American Energy Manufacturing Technical Corrections Act (AEMTCA)
The AEMTCA amended EPCA to require that DOE publish a final rule
establishing a uniform efficiency descriptor and accompanying test
methods for covered water heaters (both residential and commercial) not
later than one year after the enactment of the AEMTCA. (42 U.S.C.
6295(e)(5)(B)) The final rule must replace the current EF,
Et, and SL metrics with a uniform efficiency descriptor. (42
U.S.C. 6295(e)(5)(C)) Further, the AEMTCA requires that beginning one
year after the date of publication of DOE's final rule establishing the
uniform descriptor, the efficiency standards for covered water heaters
must be denominated according to the uniform efficiency descriptor
established in the final rule (42 U.S.C. 6295(e)(5)(D)), and that DOE
must develop a mathematical conversion factor for converting the
measurement of efficiency for covered water heaters from the test
procedures and metrics currently in effect (i.e., EF for residential
water heaters and Et and SL for commercial water heaters) to
the new uniform energy descriptor. (42 U.S.C. 6295(e)(5)(E)(ii)) Such
conversion factor would apply to affected water heaters that are tested
prior to the establishment of the final rule. The AEMTCA requires that
the conversion factor not affect the minimum efficiency requirements
for covered water heaters. (42 U.S.C. 6295(e)(5)(E)(iii)) Covered water
heaters shall be considered to comply with the final rule on and after
the effective date of the final rule and with any revised labeling
requirements established by the Federal Trade Commission to carry out
the final rule if the covered water heater was
[[Page 2344]]
manufactured prior to the effective date of the final rule and complied
with the efficiency standards and labeling requirements in effect prior
to the final rule. (42 U.S.C. 6295(e)(5)(K))
The AEMTCA requires that the uniform efficiency descriptor and
accompanying test method apply, to the maximum extent practicable, to
all water heating technologies currently in use and to future water
heating technologies. (42 U.S.C. 6295(e)(5)(H)) However, the AEMTCA
allows DOE to provide an exclusion from the uniform efficiency
descriptor for any specific category of otherwise covered water heaters
that do not have a residential use, that can be clearly described, and
that are effectively rated using the current thermal efficiency and
standby loss descriptors. (42 U.S.C. 6295(e)(5)(F))
The AEMTCA also outlines DOE's options in terms of establishing a
new uniform efficiency descriptor for water heaters. Specifically, the
options provided to DOE for a uniform descriptor include: (1) A revised
version of the energy factor descriptor currently in use; (2) the
thermal efficiency and standby loss descriptors currently in use; (3) a
revised version of the thermal efficiency and standby loss descriptors;
(4) a hybrid of descriptors; or (5) a new approach. (42 U.S.C.
6295(e)(5)(G)) Each of these options is discussed in further detail in
section II.B.
Lastly, the AEMTCA also requires that DOE invite interested
stakeholders to participate in the rulemaking process used to establish
the final rule (42 U.S.C. 6295(e)(5)(I)), and that DOE contract with
the National Institute of Standards and Technology (NIST), as
necessary, to conduct testing and simulation of alternative descriptors
identified for consideration (42 U.S.C. 6295(e)(5)(J))
In response to the statutory provisions of the AEMTCA, DOE
envisions developing an energy efficiency metric (or metrics) that
covers all residential and commercial water heaters. Such metric (or
metrics) would be determined through a test method that is as uniform
as possible while still producing a rating that is representative of
performance under conditions that approximate actual usage.
Additionally, DOE will strive to develop a uniform test method that
would minimize incremental test burdens on manufacturers to the extent
possible.
II. Discussion
A. Implications of the AEMTCA
DOE tentatively interprets the relevant provisions of the AEMTCA to
mean that a single efficiency metric and test method should apply to
all water heaters currently covered under residential and commercial
test methods unless circumstances justify use of the exclusion provided
under 42 U.S.C. 6295(e)(5)(F). This interpretation means that water
heaters from the smallest capacity and size rating used in residential
applications all the way up to the largest capacity covered under DOE's
commercial water heater program should be subject to the same rating
metric and testing procedures. These test methods and the resulting
uniform rating metric should cover all fuel types and technologies,
including storage water heaters, instantaneous water heaters, integral
heat pump water heaters, non-integral heat pump water heaters, unfired
hot water storage tanks, and hot water supply boilers. In addition, DOE
believes it may be appropriate for the uniform descriptor and test
methods to also address hot water supply boilers, which are included
with other types of commercial water heating equipment in DOE's
regulations at 10 CFR 431.110, although they are not explicitly called
out among the covered products in 42 U.S.C. 6295(e)(5)(A). DOE is
interested in receiving comment on whether the uniform efficiency
descriptor should apply to all types of residential and commercial
water heaters covered by EPCA, hot water supply boilers, and unfired
hot water storage tanks. Lastly, DOE acknowledges that the AEMTCA
provides for the possibility of an exclusion for certain water heaters
from the uniform efficiency metric and accompanying test method (42
U.S.C. 6295(e)(5)(F) and further discusses this exclusion below in
section II.D.
B. Potential Approaches To Address the Requirements of the AEMTCA
As noted previously, the AEMTCA provides five options by which DOE
can meet the relevant requirements related to water heaters. (42 U.S.C.
6295(e)(5)(G)) Each of these options is discussed for comment in the
sections that immediately follow.
1. Revised Energy Factor Metric
Energy factor is currently the regulating metric for residential
water heaters. Energy factor is a measure of the overall efficiency of
the water heater and accounts for efficiency during active, standby,
and cyclical operation. DOE's test method for determining energy factor
currently includes a 24-hour simulated use test consisting of six hot
water draws followed by a standby period. 10 CFR part 430, subpart B,
appendix E.
DOE has tentatively decided that the revised energy factor approach
would follow the general technique for determining energy factor that
is currently in place for residential water heaters. The current
approach provides the efficiency of the water heater over a defined
period of time (currently 24 hours) subject to a specified usage
profile and ambient conditions. Based on comments received in response
to the October 2011 RFI (76 FR 63211), DOE believes that a 24-hour
simulated-use test is the most viable method for obtaining the energy
factor for residential water heaters.
Advantages of such an approach are that it results in a single
descriptor that is clear and concise for evaluating the efficiency of a
water heater and that it is applicable across all fuel types, sizes,
and technologies. All water heaters would be subject to a simulated-use
test that is similar to the test currently required for residential
water heaters. The simulated-use test provides a means by which the
water heater's efficiency is determined under a pattern of
representative usage. A properly designed simulated-use test can also
be technologically agnostic, meaning that the test applies to water
heaters utilizing any water heating technology and that it would
properly represent the efficiency of one technology versus another for
a particular application.
A disadvantage of the current simulated-use test is that it
requires assumptions of in-field usage, and a single use pattern as
currently applied in the residential test procedure would not be
appropriate for the wide range of water heaters covered under this
legislation. The October 2011 RFI requested comments on the
appropriateness of the draw pattern. 76 FR 63211, 63214 (Oct. 12,
2011). Among the comments, some mentioned the need to implement
multiple draw patterns appropriate for different size classes. This
technique may provide more appropriate demands for a range of water
heaters, and allow for an accurate representation of efficiency of a
wide range of different water heaters, including those that are
currently rated as commercial units. However, one potential
disadvantage of using multiple, differing draw patterns would be the
increased complexity of a simulated-use test and the added test time.
In addition to comments on the appropriateness of a simulated-use
test approach, DOE also seeks comment on draw patterns that could be
used in extending such an approach to water heaters intended for the
commercial market.
[[Page 2345]]
2. Existing Thermal Efficiency and Standby Loss Metrics
Thermal efficiency and standby loss are currently the regulating
metrics for commercial water heating equipment, with the exception of
unfired storage tanks which are regulated by minimum thermal
insulation. Thermal efficiency accounts for the efficiency of a water
heater during active operation, while standby loss accounts for
efficiency during standby periods. DOE's test methods for determining
thermal efficiency and standby loss reference the industry standard,
ANSI Z21.10.3, and are specified at 10 CFR 431.106.
DOE has tentatively decided that this option would use the thermal
efficiency and standby loss metrics and test methods that are currently
in place for the commercial water heating equipment for all covered
water heaters, including residential units that are currently rated
using energy factor.
The key advantage of this approach is that the tests would be
simpler to implement. No changes would be needed to the commercial
water heaters test method, because that same test procedure, as it
exists today, could be applied to both residential and commercial
models. While this may be true from a technical perspective, there may
be disadvantages in terms of characterizing representative use, as
explained below.
A disadvantage of this approach is that it does not account for
energy efficiency performance during cyclical portions of water heater
operation. Comments to the October 2011 RFI (76 FR 63211) indicated
that field data show lower efficiency in the actual use compared to the
rating obtained using the current DOE simulated use test because of
cycling of the units between warm and cold states under usage typically
seen in residences. The thermal efficiency is a measure of efficiency
during the water delivery stage, and the standby loss factor is a
measure of efficiency during the standby mode stage. Neither of these
metrics would capture the losses associated with cyclical warm-up and
cool-down of water heaters. It is also questionable whether thermal
efficiency is an appropriate metric for smaller storage water heaters,
because they are not designed to provide a large supply of hot water
continuously. It should also be noted that the test procedure for
residential water heaters utilized the thermal efficiency and standby
loss tests up until 1990, when a simulated use test was adopted to make
the test uniform across technologies, particularly for heat pump water
heaters and gas instantaneous water heaters.
3. Revised Thermal Efficiency and Standby Loss Metrics
DOE has tentatively decided that this approach would be a modified
version of the current commercial water heater test procedure that
results in the same descriptors, albeit with potentially modified
meanings, as those currently used to rate commercial water heaters. One
option would be to use a metric similar to the recovery efficiency and
standby heat loss coefficient as computed in the current residential
water heater test procedure.
The advantage of such an approach is that simpler laboratory tests
that are more repeatable could theoretically be used to rate
efficiency. Revisions to the original metrics and test methods, such as
changes to account for cycling effects, changes to the water delivery
temperature, and ambient conditions, could make them more suitable for
residential water heaters compared to the existing metrics.
Disadvantages with this approach are the same as those discussed
above in section II.B.2 for the existing thermal efficiency and standby
loss metrics. Most notably, it is not clear that these metrics would
capture efficiency effects of cycling water heaters on and off.
Additionally, DOE is not aware of any proposed approaches other than
those discussed related to the residential water heater test method
incorporating revised thermal efficiency and standby loss descriptors,
nor is it aware of what specifically can be done to revise or improve
thermal efficiency and standby loss to accomplish the intent of the
AEMTCA.
4. Hybrid Efficiency Metric
DOE has tentatively decided that this approach would involve a
combination of the current energy factor, thermal efficiency, and
standby loss metrics into a new single uniform descriptor. DOE
anticipates that such a metric would utilize some combination of the
existing test procedures and aspects of the existing metrics to obtain
information for the new hybrid metric.
The advantage of such an approach is that parts or all of existing
test methods could be utilized, thereby decreasing the effort for
manufacturers and testing agencies in developing test programs even if
certain portions of those test methods had not been previously applied
to all models of water heaters.
The disadvantage of such an approach could be that it would require
more tests on each water heater if each water heater should need to
undergo a test to determine multiple individual metrics that ultimately
result in a single, hybrid metric, resulting in a higher burden on
manufacturers. The testing method to obtain a uniform ``hybrid'' metric
may lead to biases between different water heating technologies if the
performance model fails to capture critical aspects of a particular
technology's operation. This model may also require adjustment as new
technologies emerge. Furthermore, DOE is not aware of any proposed
approaches towards developing a hybrid metric, nor what specifically
could be done by a hybrid metric to accomplish the intent of the
AEMTCA.
5. New Approach
DOE seeks comment on any other approach or descriptor that it
should consider that has not previously been discussed.
C. Conversion Factor
The AEMTCA requires that DOE develop a temporary mathematical
conversion factor for converting the measurement of efficiency for
covered water heaters from the existing test procedures to the new
energy descriptor established under the final rule. (42 U.S.C.
6295(e)(5)(E)) The allowance to use the conversion factor will expire 1
year after publication of such conversion factor or December 31, 2015,
whichever is later. (42 U.S.C. 6295(e)(5)(E)(v)) The form and magnitude
of this mathematical conversion factor would depend on which option is
chosen, and on the extent of accompanying test procedure modifications.
Thus, particularly for comments related to new or adjusted metrics, DOE
seeks comment on ways to convert from the existing metrics for the
different types of residential and commercial water heaters to the
uniform metric, as discussed above.
D. Exclusions
The AEMTCA indicates that the final rule may exclude a specific
category of covered water heaters from the uniform efficiency
descriptor, if such category of water heaters: (1) Does not have a
residential use and can be clearly described in the final rule; and (2)
can be effectively rated using the existing thermal efficiency and
standby loss descriptors. (42 U.S.C. 6295(e)(5)(F)) Tentatively, DOE
does not view the exclusion as applying to all models that are solely
offered for non-residential applications, and the Department notes that
the statute states that DOE's final rule may exclude certain types of
water heaters. Moreover, under 42 U.S.C. 6295(e)(5)(H), the AEMTCA
states that ``[t]he efficiency descriptor and
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accompanying test method established under the final rule shall apply,
to the maximum extent practicable, to all water heater technologies in
use * * * and to future water heater technologies.'' If DOE were to
review the exclusion in a broad manner, it would apply to a large
subset of models that currently are characterized as commercial water
heaters under DOE's regulatory scheme. In addition, it is unclear how
the Department could create an equitable distinction for application of
the exclusion based on a manufacturer's claim of intended use of its
product. DOE also notes that no other statutory section specifically
indicates that the uniform descriptor should only apply to water
heaters intended for residential use, and thus, DOE believes the
uniform descriptor should apply to all covered water heaters, unless a
clear need exists and the statutory criteria for using the exclusion
are met. It is DOE's position that an expansive view of the above-
referenced exclusion authority would largely undermine the purposes of
AEMTCA in terms of achieving a uniform efficiency metric and test
method for all water heaters.
With the above understanding in mind, DOE has tentatively concluded
that a uniform efficiency descriptor and test method would be possible
for all water heaters covered by the statute, but DOE seeks comment on
the types of water heaters, if any, that should be excluded, along with
a rationale to support such exclusion. (42 U.S.C. 6295(e)(5)(F)) As an
example, DOE notes that unfired storage tanks and commercial ``add-on''
heat pump water heaters (which are typically shipped without tanks and
the paired with a storage tank or storage water heater) are not
completely contained water heating systems, and are required to be
paired with other water heating equipment in the field to operate as
intended. As such, these types of equipment have specific
characteristics that may not be conducive to a uniform efficiency
metric, and certain efficiency metrics may not be applicable to these
types of equipment depending on the testing requirements for that
metric. DOE requests comment on whether these types of equipment should
be excluded from the uniform efficiency descriptor requirement.
If stakeholders were to suggest that DOE exclude certain heaters
that do not have a residential use, comments are sought as to how to
distinguish those water heaters based on characteristics of the
products. DOE would be interested in comments regarding whether the
storage volume, energy input capacity, output capacity as determined
through testing, or another means would be appropriate for indicating
which water heaters clearly do not have a residential use and are
effectively rated under current procedures.
At this point, the Department tentatively expects the exclusions,
if any, to be limited in number. DOE seeks comments on the
characteristics of any types of water heaters that should be excluded
from this uniform efficiency descriptor, as well as the rationale for
doing so.
E. Other Concerns
DOE seeks comments on any other issues that may relate to the
development of a uniform efficiency descriptor and test methods, and
the requirements of the AEMTCA. In particular, DOE has identified
several additional issues below for discussion.
1. Representative Test Procedures
As noted above, under 42 U.S.C. 6293 and 6314, EPCA sets forth the
criteria and procedures DOE must follow when prescribing or amending
test procedures for covered products and equipment. 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) and 6314(a)(2)) Usage patterns between water heaters
intended for residential applications and those intended for commercial
applications, however, are vastly different, as dictated by factors
such as water delivery temperature, flow rate, total volume of water
delivered per day, and draw pattern. In addition, environmental factors
that could affect performance (e.g., such as ambient air temperature,
ambient relative humidity, and inlet water temperature) may also vary.
DOE seeks comments on the best approaches to managing these wide ranges
of conditions for testing purposes, while still meeting the
requirements of EPCA to produce energy efficiency results during a
representative period of use and not be unduly burdensome to conduct.
2. Measures of Delivery Capacity
The current DOE residential water heater test procedure requires a
test to measure the delivery capacity of the water heater, resulting in
either a first-hour rating for storage water heaters or a maximum
gallons-per-minute rating for instantaneous water heaters. No
equivalent test for delivery capacity is present for commercial water
heaters. DOE seeks comments on the need for this metric for water
heaters intended for non-residential applications. Additionally, DOE
seeks comments regarding the applicability of the metrics and test
methods currently present in the residential water heater test
procedure (first-hour rating, maximum gallons-per-minute) for
commercial water heaters.
3. Implications for Current Energy Conservation Standards
In developing the uniform efficiency descriptor, the AEMTCA
requires that DOE develop a mathematical conversion factor (discussed
in section II.C) for converting the measurement of efficiency for
covered water heaters under the current test procedures to the uniform
descriptor. The AEMTCA stipulates that the conversion factor shall not
affect the minimum efficiency requirements for covered water heaters.
To address this requirement, DOE plans to develop a conversion
factor as discussed in section II.C and apply it to the current energy
conservation standards to equate the standards under the existing
metric and test procedures to the standards using the new uniform
efficiency metric and test procedures. DOE requests comment on this
approach to maintaining equivalent efficiency standards, and on the
appropriate approach to develop the mathematical conversion.
III. Public Participation
DOE invites all interested parties to submit in writing by February
11, 2013, comments and information on matters addressed in this notice
and on other matters relevant to DOE's consideration of a uniform
efficiency descriptor and accompanying test methods for residential and
commercial water heaters.
After the close of the comment period, DOE will begin collecting
data, conducting the relevant analyses, and reviewing the public
comments. These actions will be taken to aid in the development of a
test procedure NOPR for residential and commercial water heaters that
establishes a uniform efficiency descriptor and accompanying test
method.
DOE considers public participation to be a very important part of
the process for developing the uniform energy descriptor and developing
updates to the test procedure, if necessary, to accommodate the new
metric. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of the
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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 email at
Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on January 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-00483 Filed 1-10-13; 8:45 am]
BILLING CODE 6450-01-P
