Energy Conservation Program for Consumer Products: Definitions for Residential Water Heaters, 18784-18795 [2015-07956]
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18784
Proposed Rules
Federal Register
Vol. 80, No. 67
Wednesday, April 8, 2015
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 TRANSPORTATION
Office of the Secretary
2 CFR Part 1201
[Docket DOT–OST–2015–0013]
RIN 2105–AE38
Geographic-Based Hiring Preferences
in Administering Federal Awards
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Extension of comment period on
proposed rule.
AGENCY:
This action extends the
comment period for the Notice of
Proposed Rulemaking (NPRM)
proposing to amend the DOT’s
implementation of the Governmentwide Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
to permit recipients and subrecipients to
impose geographic-based hiring
preferences whenever not otherwise
prohibited by Federal statute. This
NPRM was published in the Federal
Register on March 6, 2015, at 80 FR
12092. We are extending the end of the
comment period from April 6, 2015, to
May 6, 2015. The extension of the
comment period is intended to provide
all interested parties sufficient time
prior to submit comments to the docket
for this proposed rulemaking.
DATES: Comments must be received by
May 6, 2015. Comments received after
this date will be considered to the
extent practicable.
ADDRESSES: You may file comments
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OST–2015–0013 by any of the following
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• Federal eRulemaking Portal: go to
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comments.
• Mail: Docket Management Facility,
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Michael Harkins, Deputy Assistant
General Counsel for General Law (OST–
C10), U.S. Department of
Transportation, 1200 New Jersey Ave.
SE., Washington, DC 20590, 202–366–
0590.
SUPPLEMENTARY INFORMATION: On March
6, 2015, the Department published a
NPRM proposing to amend the DOT’s
implementation of the Governmentwide Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
to permit recipients and subrecipients to
impose geographic-based hiring
preferences whenever not otherwise
prohibited by Federal statute. On March
13, the American Public Transportation
Association (APTA) posted a comment
requesting DOT extent the comment
period for this NPRM by 30 days to May
6. With this notice, the DOT is granting
this request by further extending the
comment period to May 6.
The DOT has also received a comment
to the docket asking whether this
proposed rule applies to rolling stock.
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The DOT specifically requests
comments on this issue and whether the
DOT should clarify the proposed rule’s
application to the procurement of
rolling stock.
Issued this 1st day of April, 2015, in
Washington, DC.
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2015–08084 Filed 4–7–15; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2014–BT–STD–
0045]
RIN 1904–AD48
Energy Conservation Program for
Consumer Products: Definitions for
Residential Water Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
(NOPR).
AGENCY:
The Energy Policy and
Conservation Act of 1975 (EPCA), as
amended, prescribes energy
conservation standards for various
consumer products and certain
commercial and industrial equipment,
including residential water heaters.
EPCA also requires the U.S. Department
of Energy (DOE) to determine whether
more stringent amended standards
would be technologically feasible and
economically justified, and would save
a significant amount of energy.
Accordingly, DOE established amended
energy conservation standards for
several classes of residential water
heaters in an April 2010 final rule. In
this notice, DOE proposes to amend its
definitions pertaining to residential
water heaters and to clarify the
applicability of energy conservation
standards for residential water heaters
that are utilized as a secondary back-up
heat source in solar-thermal water
heating systems. Specifically, DOE is
proposing to create a definition for
‘‘solar-assisted fossil fuel storage water
heater’’ and ‘‘solar-assisted electric
storage water heater’’ and clarify that
water heaters meeting these definitions
are not subject to the amended energy
SUMMARY:
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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Proposed Rules
conservation standards for residential
water heaters established by the April
2010 final rule.
DATES: DOE will accept comments, data,
and information regarding this notice of
proposed rulemaking (NOPR) no later
than May 8, 2015. See section V,
‘‘Public Participation’’ for details.
ADDRESSES: Any comments submitted
must identify the NOPR for Energy
Conservation Standards for Residential
Water Heaters, and provide docket
number EERE–2014–BT–STD–0045
and/or regulatory information number
(RIN) number 1904–AD48. Comments
may be submitted using any of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email:
ResWaterHeater2014STD0045@
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the
message.
3. Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
CD. It is not necessary to include
printed copies.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD, in which case
it is not necessary to include printed
copies.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document (Public
Participation).
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at regulations.gov. All
documents in the docket are listed in
the regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
A link to the docket Web page can be
found at: https://www.regulations.gov/
#!docketDetail;D=EERE-2014-BT-STD0045. This Web page will contain a link
to the docket for this notice on the
regulations.gov site. The regulations.gov
Web page will contain simple
instructions on how to access all
documents, including public comments,
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in the docket. See section V for further
information on how to submit
comments through
www.regulations.gov.
For further information on how to
submit a comment, review other public
comments and the docket, contact Ms.
Brenda Edwards at (202) 586–2945 or by
email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–6590. Email:
Ashley.Armstrong@ee.doe.gov.
Johanna Hariharan, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 287–6307. Email:
Johanna.Hariharan@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Background
II. Summary of the Proposed Rule
III. General Discussion
A. Product Classes
1. General Description
2. Comments on te General Advantages of
Solar Heating Systems
3. Design and Heating Rate Differences
D. Conclusions
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality
Bulletin for Peer Review
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Introduction
The following section briefly
discusses the statutory authority
underlying DOE’s standards for
residential water heaters and this NOPR,
as well as some of the relevant historical
background related to the establishment
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18785
of standards for residential water
heaters.
A. Authority
Title III of the Energy Policy and
Conservation Act, as amended 1 (42
U.S.C. 6291 et seq.; hereinafter ‘‘EPCA’’)
sets forth various provisions designed to
improve energy efficiency. Part A of title
III of EPCA (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles,’’ which covers
consumer products and certain
commercial products (hereinafter
referred to as ‘‘covered products’’).2
These covered products include
residential water heaters, which are the
subject of this notice. (42 U.S.C.
6292(a)(4))
Under EPCA, energy conservation
programs generally consist of four parts:
(1) Testing, (2) labeling, (3) establishing
Federal energy conservation standards,
and (4) certification and enforcement
procedures. The Federal Trade
Commission (FTC) is primarily
responsible for labeling consumer
products, and DOE implements the
remainder of the program.
EPCA contains what is known as an
‘‘anti-backsliding’’ provision, which
prevents the Secretary from prescribing
any amended standard that either
increases the maximum allowable
energy use or decreases the minimum
required energy efficiency of a covered
product. (42 U.S.C. 6295(o)(1)) Also, the
Secretary may not prescribe an amended
or new standard if interested persons
have established by a preponderance of
the evidence that the standard is likely
to result in the unavailability in the
United States of any covered product
type (or class) of performance
characteristics (including reliability),
features, sizes, capacities, and volumes
that are substantially the same as those
generally available in the United States.
(42 U.S.C. 6295(o)(4))
B. Background
EPCA prescribed energy conservation
standards for residential water heaters
(42 U.S.C. 6295(e)(1)) and directed DOE
to conduct rulemakings to determine
whether to amend these standards. (42
U.S.C. 6295(e)(4)) DOE notes that under
42 U.S.C. 6295(m), the agency must
periodically review its already
established energy conservation
standards for a covered product. Under
this requirement, the next review that
1 All references to EPCA in this document refer
to the statute as amended through the American
Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112–210 (Dec. 18, 2012).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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DOE would need to conduct must occur
no later than six years from the issuance
of a final rule establishing or amending
a standard for a covered product.
On January 17, 2001, DOE published
a final rule prescribing the Federal
energy conservation standards for
residential water heaters that are
currently in effect for units
manufactured on or after January 20,
2004. 66 FR 4474 (‘‘January 2001 Final
Rule’’). The January 2001 Final Rule set
minimum energy factors (EFs) that vary
based on the storage volume of the
water heater, the type of energy it uses
(i.e., gas, oil, or electricity), and whether
it is a storage, instantaneous, or tabletop
model. 66 FR 4474; 10 CFR 430.32(d).
Table I.1 presents the current Federal
energy conservation standards for
residential water heaters.
TABLE I.1—CURRENT FEDERAL ENERGY EFFICIENCY STANDARDS FOR RESIDENTIAL WATER HEATERS
Product class
Energy factor as of January 20, 2004
Gas-fired Water Heater .....................................................
Oil-fired Water Heater .......................................................
Electric Water Heater ........................................................
Tabletop Water Heater ......................................................
Instantaneous Gas-fired Water Heater .............................
Instantaneous Electric Water Heater ................................
On April 16, 2010, DOE published a
final rule in the Federal Register
amending the energy conservation
standards for residential water heaters
for a second time (hereinafter ‘‘April
2010 final rule’’). 75 FR 20111. The
updated standards maintained the
existing product class structure,
dividing water heaters based on the type
EF
EF
EF
EF
EF
EF
=
=
=
=
=
=
0.67
0.59
0.97
0.93
0.62
0.93
¥
¥
¥
¥
¥
¥
(0.0019 × Rated Storage Volume in gallons).
(0.0019 × Rated Storage Volume in gallons).
(0.00132 × Rated Storage Volume in gallons).
(0.00132 × Rated Storage Volume in gallons).
(0.0019 × Rated Storage Volume in gallons).
(0.00132 × Rated Storage Volume in gallons).
of energy used (i.e., gas, oil, or
electricity) and whether it is a storage,
instantaneous, or tabletop model, but
also differentiated standard levels for
electric and gas-fired storage water
heaters based on whether the rated
storage volume is greater than 55
gallons, or less than or equal to 55
gallons. Compliance with the energy
conservation standards contained in the
April 2010 final rule will be required
starting on April 16, 2015. Id.
Table I.2 presents the amended
Federal energy conservation standards
for residential water heaters, which are
also set forth in 10 CFR 430.32(d).
TABLE I.2—AMENDED FEDERAL ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS ESTABLISHED
BY APRIL 2010 FINAL RULE
Product class
Energy factor as of April 16, 2015
Gas-fired Water Heater .....................................................
For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.675 ¥
(0.0015 × Rated Storage Volume in gallons).
For tanks with a Rated Storage Volume above 55 gallons: EF = 0.8012 ¥ (0.00078 ×
Rated Storage Volume in gallons).
EF = 0.68 ¥ (0.0019 × Rated Storage Volume in gallons).
For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.960 ¥
(0.0003 × Rated Storage Volume in gallons).
For tanks with a Rated Storage Volume above 55 gallons: EF = 2.057 ¥ (0.00113 ×
Rated Storage Volume in gallons).
EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons).
EF = 0.82 ¥ (0.0019 × Rated Storage Volume in gallons).
EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons).
Oil-fired Water Heater .......................................................
Electric Water Heater ........................................................
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Tabletop Water Heater ......................................................
Instantaneous Gas-Fired Water Heater ............................
Instantaneous Electric Water Heater ................................
On October 21, 2014, DOE published
a Request for Information (RFI) in the
Federal Register regarding test
procedures and energy conservation
standards for residential solar water
heaters (hereinafter the ‘‘October 2014
RFI’’). 79 FR 62891. Specifically, the
October 2014 RFI requested comment
on the following topics:
1. Solar water heating technologies
that utilize a secondary heating source
that are currently available to the
consumer.
2. Design differences between water
heaters that are designed to be part of
a solar water heating system compared
to those meant for typical residences
without a solar water heating system.
3. Heating rates and the amount of hot
water that can be supplied by water
heaters meant to serve as a secondary
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heat source for a solar collector
compared to the heating rates and hot
water supply capacity water heaters.
4. The fractions of single tank and
dual tank solar water heating systems,
and whether the secondary water
heaters used include design features
that differ from conventional residential
water heaters.
5. The manufacturers of water heaters
used in solar thermal installations, the
market share of each manufacturer, and
whether any of them are small
businesses.
6. The total annual shipments of the
market for solar water heating systems
that utilize secondary heat sources, the
fractions of water heaters that are used
to provide secondary water heating by
rated volume, input capacity, and fuel
type.
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7. Any other attributes of solar water
heating tanks which distinguish them
from conventional storage or
instantaneous water heaters. 79 FR
62891, 62893–94 (Oct. 21, 2014).
II. Summary of the Proposed Rule
After considering the comments on
the RFI and the characteristics and
applications of hot water storage tanks
used in solar thermal systems and
having a backup gas, oil, or electric heat
source, DOE has tentatively concluded
that the analysis conducted for the April
2010 final rule did not adequately
consider such applications and the
accompanying backup tanks. Therefore,
in this NOPR, DOE is proposing to add
clarifying text to 10 CFR 430.32(d)
indicating that the energy conservation
standards for residential water heaters
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do not apply to water heaters meeting
the new definitions of ‘‘solar-assisted
fossil fuel storage water heater’’ and
‘‘solar-assisted electric storage water
heater,’’ that are also proposed in this
NOPR. (See section III.D of this NOPR
for the proposed definitions.)
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III. General Discussion
As stated in section I.B, compliance
with an amended energy conservation
standard for residential water heaters
will be required beginning on April 16,
2015. 75 FR 20111. DOE has tentatively
concluded that hot water storage tanks
used in solar thermal systems that have
a backup gas, oil, or electric heat source
were not adequately considered in the
analysis for the April 2010 rule.
Therefore, DOE is undertaking this
rulemaking to clarify the scope of DOE’s
existing energy conservation standards
for residential water heaters.
In response to the October 2014 RFI,
DOE received 4 written comments from
the following interested parties:
American Council for an EnergyEfficient Economy (ACEEE),3 AirConditioning, Heating and Refrigeration
Institute (AHRI), Rheem Manufacturing
Company (Rheem) and Solar Energy
Industries Association (SEIA).4 These
comments are discussed further in the
sections below as they relate to the
specific issues discussed in this NOPR.
Generally, the ACEEE joint comment
recommended that DOE not consider a
rulemaking to adopt a new minimum
efficiency standard for residential solarthermal water heaters because the
extremely small sales volume of these
products does not justify the effort to set
a standard. The ACEEE joint comment
argued that customers of these
expensive systems would buy only from
reputable manufacturers and installers
and use either the ENERGY STAR brand
or a high rating under the SRCC
program to guide their purchasing
decision. (ACEEE joint comment, No. 2
at p. 1–2) The ACEEE joint comment
also recommended that DOE not
consider a rulemaking to adopt a new
test method for residential solar-thermal
water heating systems because a widely
accepted non-federal test method and
rating program for solar water heaters
built around OG–300 solar system
ratings already exists. (ACEEE joint
3 ACEEE submitted a joint comment on behalf of
ACEEE, Appliance Standards Awareness Project
(ASAP), and Natural Resources Defense Council
(NRDC), and this comment is referred to throughout
this document as the ‘‘ACEEE joint comment.’’
4 SEIA submitted a joint comment on behalf of
SEIA, International Association of Plumbing and
Mechanical Officials (IAPMO) and Solar Rating and
Certification Corporation (SRCC), and this comment
is referred to throughout this document as the
‘‘SEIA joint comment.’’
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comment, No. 2 at p. 1) The SEIA joint
comment recommended an exemption
be established for backup water heaters
which prioritize solar heating over the
secondary heat source and that the
volume heated by the secondary heat
source be less than or equal to 55
gallons. (SEIA joint comment, No. 5 at
p. 6) Similarly, Rheem commented that
the residential water heater standard for
conventional water heaters should not
be applied to solar water heaters
because they are different systems and
not direct substitutes. (Rheem, No. 4 at
p. 2)
DOE generally agrees with these
commenters’ points and notes that the
purpose of this NOPR is not to consider
new energy conservation standards or
test methods for solar water heating
systems, but rather to clarify the scope
of DOE’s existing standards.
Specifically, DOE is proposing
amendments to clarify that DOE’s
standards for residential water heaters
are not applicable to water heaters that
are used as a backup heat source in solar
thermal water heating systems.
A. Product Classes
When evaluating and establishing
energy conservation standards, DOE
divides covered products into product
classes by the type of energy used or by
capacity or other performance-related
features that justify a different standard.
In making a determination whether a
performance-related feature justifies a
different standard, DOE must consider
such factors as the utility to the
consumer of the feature and other
factors DOE determines are appropriate.
(42 U.S.C. 6295(q))
Existing energy conservation
standards divide residential water
heaters into product classes based on
primary energy source (i.e., gas, oil, or
electricity), whether it is instantaneous
or storage, and whether it is a ‘‘tabletop’’
model. Storage capacity and input rate
are used to determine whether a water
heater is characterized as storage or
instantaneous. (42 U.S.C. 6291(27)) For
example, an instantaneous water heater
must contain no more than one gallon
of water per 4,000 Btu per hour of input.
(42 U.S.C. 6291(27)(B)). EPCA
establishes the input-rate limitations for
residential water heaters (42 U.S.C.
6291(27)), and DOE has further
established limitations at 10 CFR 430.2
based on rated storage volume and the
temperature to which the water can be
delivered. Table III.1 shows the input
and volume limitations that define the
current range of water heaters subject to
standards. In addition to the criteria
listed in Table III.1, if a water heater is
designed to heat water to a temperature
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of less than 180 °F, it is classified as
residential, while any water heater that
heats water to temperatures at or above
180 °F is classified as commercial. In
the amended energy conservation
standard established by the April 2010
final rule and effective April 16, 2015,
rated storage volume is used to
determine the applicable standard. Gas
and electric water heaters with rated
storage volumes above 55 gallons are
subject to more stringent standards than
smaller water heaters of the same fuel
type. 10 CFR 430.32(d).
Residential water heaters that use
solar energy only are not covered by
DOE regulations for residential water
heaters since they do not utilize gas, oil,
or electricity as required by the
definition of a ‘‘water heater’’ under
EPCA. (42 U.S.C. 6291(27)) However,
residential water heaters that use solar
energy but that are combined with
storage tanks with secondary or backup
energy sources that use electricity, gas,
or oil are covered, provided that they
meet all other requirements to be
considered a ‘‘water heater’’. This rule
considers only solar-thermal tanks
designed for residential use; therefore,
the water heater must be described by
the fuel type and volumes specified in
Table I.2 and reiterated in Table III.1
and meet the input capacity limitations
set forth in EPCA and shown below in
Table III.1. (42 U.S.C. 6291(16))
TABLE III.1—RESIDENTIAL STORAGE
WATER HEATER SCOPE OF COVERAGE
Product class
Gas-Fired Storage
Oil-Fired Storage ...
Electric Storage .....
Tabletop .................
Rated
storage
volume
Input
capacity
≥20 gal
≤75 kBtu/h
and
≤100 gal.
≤50 gal .... ≤105 kBtu/
h
≥20 gal
≤12 kW
and
≤120 gal.
≥20 gal
≤12 kW
and
≤100 gal.
B. Solar Water Heating Technologies
1. General Description
Solar water heating systems that are
the subject of this NOPR generally
consist of a solar collector to capture
heat from the sun and a storage tank that
stores the potable water that has been
heated by the solar collector for use on
demand. These systems typically
require a secondary heat source for
times when solar energy is not sufficient
to provide adequate hot water. In the
October 2014 RFI, DOE requested
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comment on current solar water heating
technology practices in the United
States and, specifically, on solar water
heating technologies that utilize a
secondary heating source and are
currently available to consumers. 79 FR
62891, 62893 (Oct. 21, 2014).
Both Rheem’s comment and the SEIA
joint comment stated that all solar water
heating systems sold in the U.S. today
are paired with a conventional backup
heating source (SEIA joint comment,
No. 5 at p. 2, Rheem, No. 4 at p. 2).
Furthermore, the SEIA joint comment
specified that a single-tank electric/solar
water heating system consists of a single
tank which serves as both a solar storage
tank and a conventional water heater
(when adequate solar energy is
unavailable). In these tanks, a 4.5 kW
electric element is commonly located in
the upper part of the tank, leaving onehalf to two-thirds of the tank unheated
by the electric element due to
temperature stratification, which causes
the heated water to remain mostly in the
upper part of the tank. (SEIA joint
comment, No. 5 at p. 2)
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2. Comments on the General Advantages
of Solar Heating Systems
In the October 2014 RFI, DOE
requested comment on any other
attributes of solar water heating systems
that utilize secondary heating tanks,
which distinguish them from
conventional storage or instantaneous
water heaters. 79 FR 62891, 62893 (Oct.
21, 2014).
The SEIA joint comment stated that
solar water heating systems offer
advantages over conventional water
heating equipment that are overlooked
or not understood. For example, solar
water heating systems provide lower
peak load requirements (which can be
beneficial to utility companies), are not
sensitive to flow rates, and have lower
maintenance requirements than
instantaneous heating systems. (SEIA
joint comment, No. 5 at p. 8) The
commenters also noted that solar water
heating systems have several advantages
over heat pump water heaters, including
better performance in cold climate, no
air circulation considerations, and no
special skills required to install and
maintain. (SEIA joint comment, No. 5 at
p. 9)
3. Design and Heating Rate Differences
In the October 2014 RFI, DOE
specifically sought comment on the
design differences between water
heaters that are designed to be part of
a solar water heating system compared
to those meant for typical residences
without a solar water heating system.
DOE also requested comment on the
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heating rates and the amount of hot
water that can be supplied by water
heaters meant to serve as a secondary
heat source for a solar collector
compared to the heating rates and hot
water supply capacity of other water
heaters, and whether there are any other
attributes of solar water heating systems
that utilize secondary heating tanks that
distinguish them from conventional
storage or instantaneous water heaters.
79 FR 62891, 62893 (Oct. 21, 2014).
AHRI’s comment, Rheem’s comment,
and the SEIA joint comment stated that
generally solar water heaters that use
secondary heating tanks are fairly
similar to conventional water heaters.
(AHRI, No. 3 at p. 2, Rheem, No. 4 at
p. 5)
In noting the design differences
between conventional water heaters and
those used in solar-thermal water
heating systems, AHRI, Rheem and the
joint SEIA comment stated that there is
a range of design differences in water
heaters intended to be part of a solar
thermal installation and those intended
for a conventional installation. Water
heaters intended for use in solar-thermal
systems typically have two extra
threaded ports as well as specifically
designed controls. Other features may
include special heat exchangers or
additional backup heating elements.
(AHRI, No. 3 at p. 1, Rheem, No. 4 at
p. 3, SEIA joint comment, No. 5 at p. 4)
On the other hand, the ACEEE joint
commenters stated that they would be
surprised to find many products
specifically designed as auxiliary heat
sources for solar thermal water heating
systems, and that the only special
features for a solar storage tank by itself
would be a double-wall water-to-water
heat exchanger for indirect systems
employing non-potable antifreeze in the
primary loop. (ACEEE joint comment,
No. 2 at p. 2)
Several commenters stated that solar
water heaters are sized differently than
conventional water heaters. The SEIA
joint comment stated that the solar
component of a typical 80 gallon solar/
electric system can heat between 40 and
80 gallons depending on the level of
solar radiation and the rate of use,
where up to 40 gallons is heated by the
electric element. (SEIA joint comment,
No. 5 at p. 6)
Rheem also stated that their 80 and
120 gallon storage water heaters can
provide up to 40 gallons of backup
element water heating capacity
regardless of the tank volume. (Rheem,
No. 4 at p. 3) AHRI’s comment and the
SEIA joint comment stated that the
performance characteristics of solar
water heaters can be less than a
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standard water heater. (AHRI, No. 3 at
p. 2, SEIA joint comment, No. 5 at p. 6)
Another design difference that was
noted by commenters centered around
the location and number of the
plumbing connections on the storage
tank that are used in solar thermal
systems. Rheem commented that the
cold water inlet connections on solar
water heating storage tanks are located
at the bottom to prevent mixing with
heated water as compared to the cold
water inlet being typically located at the
top of a traditional storage tank. (Rheem,
No. 4 at p. 4) Rheem also commented
that the features of its solar storage
water heater increase the manufacturing
complexity and cost of the heaters, and
therefore it is not anticipated that the
heaters would be substituted for a
standard water heater in an installation
without a solar collector. (Rheem, No. 4
at p. 5)
DOE considered all of the above
comments when developing its tentative
conclusions regarding solar-assisted
electric storage water heaters and solarassisted fossil fuel storage water heaters
(see section III.D).
C. Solar Water Heating Markets
DOE has conducted preliminary
research to investigate the solar water
heating equipment market. Based on a
report by the National Renewable
Energy Laboratory (NREL), DOE
distinguished between two distinct
periods of solar water heater
installations. From 1985 to 2005, when
there were no tax incentives for solar
water heaters, the number of
installations ranged from approximately
5,000 to 10,000 annually. Federal and
State tax incentives were instituted in
2006. Between 2006 and 2010, there
were between approximately 18,000 and
33,500 solar thermal water heater
systems installed annually in the U.S.
In the October 2014 RFI, DOE
requested comments on various topics
related to the market for solar water
heating systems. Specifically, DOE
requested information on the fractions
of single tank and dual tank solar water
heating systems. DOE also sought
comments on the manufacturers of
water heaters used in solar thermal
installations, as well as the market share
of each manufacturer, and whether any
of them are small businesses. Lastly,
DOE sought input regarding the total
annual shipments of solar water heating
systems that utilize secondary heat
sources, the fractions of water heaters
that are used to provide secondary water
heating by rated volume, input capacity,
and fuel type. 79 FR 62891, 62893 (Oct.
21, 2014).
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The SEIA joint comment stated that
dual tank systems are normally only
used when the end use is heating water
with natural gas, propane, or fuel oil,
and that most dual tank systems are
located in areas with strong financial
incentives. (SEIA joint comment, No. 5
at p. 6) The following market
distribution of systems is currently
certified by the SRCC: 43 percent of
systems are dual tank, 45 percent are
single tank, and 12 percent are tankless.
(SEIA joint comment, No. 5 at p. 6 n.13)
For dual tank systems, the distribution
by fuel type certified by the SRCC is as
follows: 54 percent use natural gas as
backup, 45 percent use electricity, and
1 percent use oil. (SEIA joint comment,
No. 5 at p. 7) Regarding the number of
units actually installed, the SEIA joint
comment estimated that the ratio of
single tank to dual tank systems
installed is 4 to 1. (SEIA joint comment,
No. 5 at p. 7)
Rheem commented that it sells solar
thermal systems with a single storage
tank. Rheem noted that some installers
have the opportunity to install multiple
small tanks or combinations of tanks to
store heat collected when sunlight is
available, and that specific designs are
based on the hot water requirement of
the dwelling and the solar capacity
available from the collectors. (Rheem,
No. 4 at p. 3)
The SEIA joint comment provided the
market share of water heater
manufacturers for the entire market as
follows: A.O. Smith represents about
half of the total U.S. market for water
heaters (50 percent), Rheem
approximately one third (33 percent),
and Bradford White holds about 13
percent market share; the remaining 4
percent is comprised of other brands.
(SEIA joint comment, No. 5 at p. 7)
Rheem stated that solar thermal water
heating systems are a low sales volume
product for Rheem, and that it is a major
manufacturer of storage water heaters.
(Rheem, No. 4 at p. 3)
Regarding annual shipments of solar
water heating systems, the SEIA joint
comment stated that in 2013, 2,200 solar
water heating systems using 80 or 120
gallon tanks received a rebate for
installation in Hawaii (excluding Kauai
County). In addition, solar water heating
systems installed on new single-family
home construction with tanks in the 65
to 120 gallon range can be estimated at
1,500 per year. (SEIA joint comment,
No. 5 at p. 7) Based on a report from
International Energy Agency Solar
Heating and Cooling Programme, the
SEIA joint comment estimates that
22,500 new solar domestic water
heating systems are being installed in
the U.S. annually. (SEIA joint comment,
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No. 5 at p. 8) Rheem commented that its
annual sales of thermal storage water
heaters is less than one day of
production of conventional storage
water heaters. (Rheem, No. 4 at p. 3)
D. Conclusions
DOE has considered the comments
discussed in sections III.B and III.C and
has tentatively determined that solarassisted electric storage water heaters
and solar-assisted fossil fuel storage
water heaters are distinguishable from
other categories of storage water heaters.
Even though solar-assisted water heaters
use electricity or fossil fuel to heat water
without the use of solar thermal panels,
DOE notes that the heating capacity of
the tank with a comparable rated storage
volume is reduced based on the design
difference of the heating element or the
fossil fuel burner. The plumbing
configuration of the tank is also
different in order for the storage tank to
utilize the solar heated water in an
optimized manner. DOE further notes
that purchasers of these solar-assisted
water heating systems may not be
considering the economic criteria of the
storage water heater tank alone, given
that a significant portion of the installed
cost of these systems is attributable to
the solar thermal portion of the system
and that a substantial portion of the
water heating load may be provided by
solar energy, as opposed to marketed
fuels such as electricity, gas, or oil.
These purchasers, therefore, may place
an added value on owning a ‘‘green’’
system, which could provide different
economic and performance benefits to
these consumers when compared to an
electric or fossil fuel storage water
heater. For these reasons, DOE has
determined that the minimum efficiency
standard levels promulgated in the
April 16, 2010 final rule do not apply
to these categories of water heaters.
In order to clarify the applicability of
DOE’s regulations to solar-assisted water
heaters, DOE proposes to define the
terms ‘‘solar-assisted electric storage
water heater’’ and ‘‘solar-assisted fossil
fuel storage water heater’’ at 10 CFR
430.2 and clarify that products meeting
these definitions are not subject to
DOE’s current or amended standards for
residential water heaters at 10 CFR
430.32(d). In addition to the data and
comments received in response to the
request for information, DOE also used
the certified ratings from DOE’s
Compliance Certification Data base, as
of February 2015, to gather information
such as average first hour ratings for
basic models being distributed in
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commerce for various storage volumes.5
More specifically, DOE used the average
first hour rating of the electric storage
water heaters with a rated storage
volume of 50 gallons, the average first
hour rating of the gas-fired storage water
heaters with a rated storage volume of
40 gallons, and the average first hour
rating of the oil storage water heaters
with a rated storage volume of 32
gallons to develop parts of the
definitions below.
Based on the comments discussed in
section II.B, DOE proposes to define a
solar-assisted electric storage water
heater as a product that utilizes
electricity to heat potable water for use
outside the heater upon demand and—
(A) stores water at a thermostatically
controlled temperature with an input of
12 kilowatts or less;
(B) has at least two threaded ports in
addition to those used for introduction
and delivery of potable water for the
supply and return of water or a heat
transfer fluid heated externally by solar
panels;
(C) does not have electric resistance
heating elements located in the lower
half of the storage tank;
(D) has the temperature sensing
device that controls the auxiliary
electric heat source located in the upper
half of the storage tank; and
(E) has a certified first hour rating less
than 63 gallons.
Similarly, DOE proposes to define a
solar-assisted fossil fuel storage water
heater at 10 CFR 430.2 as a product that
utilizes oil or gas to heat potable water
for use outside the heater upon demand
and—
(A) stores water at a thermostatically
controlled temperature, including gas
storage water heaters with an input of
75,000 Btu per hour or less and oil
storage water heaters with an input of
105,000 Btu per hour or less;
(B) has at least two threaded ports in
addition to those used for introduction
and delivery of potable water for the
supply and return of water or a heat
transfer fluid heated externally by solar
panels;
(C) has the burner located in the
upper half of the storage tank;
(D) has the temperature sensing
device that controls the auxiliary gas or
oil heat source located in the upper half
of the storage tank; and
(E) has a certified first hour rating less
than 69 gallons for gas storage water
heaters and has a certified first hour
rating less than 128 gallons for oil
storage water heaters.
5 See https://www.regulations.doe.gov/
certification-data/CCMS-79222842113.html for
additional information and access to the data that
DOE analyzed.
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DOE is specifically seeking comment
on one element of its proposed
definition of solar-assisted fossil fuel
storage water heaters that would limit
solar-assisted water heaters to only
those with the burner located in the
upper half of the storage tank. DOE is
aware of solar backup water heaters that
have burners located in the upper
portion of the tank but acknowledges
that there are others that have burners
located at the bottom of the water
heater. The Department is concerned
that water heaters with burners located
at the bottom of the tank can be used as
a household’s main water heater
without solar backup and should,
therefore, be treated in the same manner
as conventional water heaters with
regards to standards. Thus, DOE seeks
comment on the merits of this proposal.
DOE also requests comment on other
ways to define solar-assisted water
heaters, including both definitional
criteria not listed in the proposed
definitions above and any performancebased criteria that might involve tests to
determine whether the definition is met.
Although water heaters meeting the
definition of ‘‘solar-assisted electric
storage water heater’’ or ‘‘solar-assisted
fossil fuel storage water heater’’ remain
covered products as water heaters, DOE
proposes to clarify at 10 CFR 430.32(d)
that these water heaters are not subject
to the energy conservation standards
currently specified in 10 CFR 430.32(d).
DOE also proposes to clarify that the test
methods described in 10 CFR 430.23(e)
are applicable to solar-assisted water
heaters for purposes of representing
their performance when described as a
stand-alone item (i.e., the backup tank
portion only). When these water heaters
are presented as part of a complete solar
system that includes solar panels and
any auxiliary equipment to move heat
from the panels to the storage water
heater, DOE believes that metrics
commonly used by industry such as the
Solar Energy Factor and Solar Fraction
are most appropriate for representing
the performance of the entire system.
DOE seeks comment on the applicability
of the uniform test method for
measuring the energy consumption of
water heaters to solar-assisted electric
and fossil fuel storage water heaters.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866 and 13563
Section 1(b)(1) of Executive Order
12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (Oct. 4, 1993),
requires each agency to identify the
problem that it intends to address,
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including, where applicable, the failures
of private markets or public institutions
that warrant new agency action, as well
as to assess the significance of that
problem. The problems that the
proposed standards address are as
follows:
(1) Insufficient information and the
high costs of gathering and analyzing
relevant information leads some
consumers to miss opportunities to
make cost-effective investments in
energy efficiency.
(2) In some cases the benefits of more
efficient equipment are not realized due
to misaligned incentives between
purchasers and users. An example of
such a case is when the equipment
purchase decision is made by a building
contractor or building owner who does
not pay the energy costs.
(3) There are external benefits
resulting from improved energy
efficiency of appliances that are not
captured by the users of such
equipment. These benefits include
externalities related to public health,
environmental protection, and national
security that are not reflected in energy
prices, such as reduced emissions of air
pollutants and greenhouse gases that
impact human health and global
warming.
In addition, this regulatory action is
not an ‘‘economically significant
regulatory action’’ under section 3(f)(1)
of Executive Order 12866. Accordingly,
DOE is not required under section
6(a)(3) of the Executive Order to prepare
a regulatory impact analysis (RIA) on
this rule and the Office of Information
and Regulatory Affairs (OIRA) in the
Office of Management and Budget
(OMB) is not required to review this
rule.
DOE has also reviewed this regulation
pursuant to Executive Order 13563. 76
FR 3281 (Jan. 21, 2011). Executive Order
13563 is supplemental to and explicitly
reaffirms the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
To the extent permitted by law, agencies
are required by Executive Order 13563
to: (1) Propose or adopt a regulation
only upon a reasoned determination
that its benefits justify its costs
(recognizing that some benefits and
costs are difficult to quantify); (2) tailor
regulations to impose the least burden
on society, consistent with obtaining
regulatory objectives, taking into
account, among other things, and to the
extent practicable, the costs of
cumulative regulations; (3) select, in
choosing among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
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public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public.
DOE emphasizes as well that
Executive Order 13563 requires agencies
to use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs has
emphasized that such techniques may
include identifying changing future
compliance costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
stated in the preamble, DOE believes
that this NOPR is consistent with these
principles, including the requirement
that, to the extent permitted by law,
benefits justify costs and that net
benefits are maximized.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (IRFA) for any rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site (https://energy.gov/
gc/office-general-counsel).
For manufacturers of residential water
heaters, the Small Business
Administration (SBA) has set a size
threshold, which defines those entities
classified as ‘‘small businesses’’ for the
purposes of the statute. DOE used the
SBA’s small business size standards to
determine whether any small entities
would be subject to the requirements of
the rule. 65 FR 30836, 30848 (May 15,
2000), as amended at 65 FR 53533,
53544 (Sept. 5, 2000) and codified at 13
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CFR part 121.The size standards are
listed by North American Industry
Classification System (NAICS) code and
industry description and are available at
https://www.sba.gov/sites/default/files/
files/Size_Standards_Table.pdf.
Residential water heater manufacturing
is classified under NAICS 335228,
‘‘Other Major Household Appliance
Manufacturing.’’ The SBA sets a
threshold of 500 employees or less for
an entity to be considered as a small
business for this category.
To estimate the number of companies
that could be small business
manufacturers of solar-assisted water
heaters covered by this rulemaking,
DOE constructed a list of residential
water heater manufacturers by
conducting a market survey using
publicly available information. DOE’s
research involved industry trade
association membership directories
(including AHRI), information from
previous rulemakings, individual
company Web sites, SBA’s database,
and market research tools (e.g., Hoover’s
reports). DOE used the Solar Rating and
Certification Corporation’s certification
database as well as individual company
Web sites to determine which
residential water heater manufacturers
identified offer solar-assisted products
and would potentially be impacted by
this proposed rule. DOE screened out
companies that do not offer products
covered by this rulemaking, do not meet
the definition of a ‘‘small business,’’ or
are completely foreign owned and
operated.
DOE initially identified eight
manufacturers of solar-assisted water
heaters sold in the United States. After
reviewing publicly available
information on these potential
residential water heater manufacturers,
DOE determined that five were either
large manufacturers or manufacturers
that were completely foreign owned and
operated. Based on these efforts, DOE
estimated that there are three small
business manufacturers of water heaters
that meet the definition of solar-assisted
electric storage water heater or solarassisted fossil fuel water heater, as
proposed in this NOPR.
DOE is not proposing any amended
standards for residential water heater
manufacturers in this NOPR. Rather, the
Department proposes to define solarassisted electric storage water heaters
and solar-assisted fossil fuel-fired
storage water heaters, and to clarify that
current residential water heater
standards do not apply to such
products. As a result, DOE certifies that
this NOPR will not have a significant
economic impact on a substantial
number of small entities and therefore,
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has not prepared an IRFA. DOE will
transmit this certification to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA) for
review under 5 U.S.C 605(b).
A statement of the objectives of, and
reasons and legal basis for, the proposed
rule are set forth elsewhere in the
preamble and not repeated here.
C. Review Under the Paperwork
Reduction Act
Manufacturers of residential water
heaters must certify to DOE that their
products comply with any applicable
energy conservation standards. In
certifying compliance, manufacturers
must test their products according to the
DOE test procedures for residential
water heaters, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
residential water heaters. 76 FR 12422
(March 7, 2011). The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 30 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
This proposal clarifies the
applicability of the amended energy
conservation standards to solar-assisted
water heaters and thus, also clarifies the
certification requirements. If the
proposal is finalized as proposed, those
water heaters meeting the definition of
solar-assisted in DOE’s regulations
would not have to be certified with the
Department because they would not be
subject to standards.
D. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act (NEPA) of
1969, DOE has determined that the
proposed rule fits within the category of
actions included in Categorical
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Exclusion (CX) B5.1 and otherwise
meets the requirements for application
of a CX. See 10 CFR part 1021, App. B,
B5.1(b); 1021.410(b) and Appendix B,
B(1)–(5). The proposed rule fits within
the category of actions because it is a
rulemaking that clarifies the
applicability of energy conservation
standards for consumer products, and
for which none of the exceptions
identified in CX B5.1(b) apply.
Therefore, DOE has made a CX
determination for this rulemaking, and
DOE does not need to prepare an
Environmental Assessment or
Environmental Impact Statement for
this proposed rule. DOE’s CX
determination for this proposed rule is
available at https://cxnepa.energy.gov/.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism.’’
64 FR 43255 (Aug. 10, 1999) imposes
certain requirements on Federal
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. The Executive Order
requires agencies to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. 65 FR 13735. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of this proposed
rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297) No further
action is required by Executive Order
13132.
F. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ imposes on Federal agencies
the general duty to adhere to the
following requirements: (1) Eliminate
drafting errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
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and burden reduction. 61 FR 4729 (Feb.
7, 1996). Section 3(b) of Executive Order
12988 specifically requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this
proposed rule meets the relevant
standards of Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820. DOE’s policy
statement is also available at https://
energy.gov/gc/office-general-counsel.
This proposed rule does not contain
a Federal intergovernmental mandate,
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and will not require expenditures of
$100 million or more on the private
sector. Accordingly, no further action is
required under the UMRA.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
rule would not have any impact on the
autonomy or integrity of the family as
an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(Mar. 18, 1988), that this regulation
would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for Federal agencies to review
most disseminations of information to
the public under guidelines established
by each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
this NOPR under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OIRA at OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
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supply, distribution, or use of energy, or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
DOE has tentatively concluded that
this regulatory action, which clarifies
applicability of the energy conservation
standards for residential water heaters,
is not a significant energy action
because the proposed clarifications are
not likely to have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
such by the Administrator at OIRA.
Accordingly, DOE has not prepared a
Statement of Energy Effects on the
proposed rule.
L. Review Under the Information
Quality Bulletin for Peer Review
On December 16, 2004, OMB, in
consultation with the Office of Science
and Technology Policy (OSTP), issued
its Final Information Quality Bulletin
for Peer Review (the Bulletin). 70 FR
2664 (Jan. 14, 2005). The Bulletin
establishes that certain scientific
information shall be peer reviewed by
qualified specialists before it is
disseminated by the Federal
Government, including influential
scientific information related to agency
regulatory actions. The purpose of the
bulletin is to enhance the quality and
credibility of the Government’s
scientific information. Under the
Bulletin, the energy conservation
standards rulemaking analyses are
‘‘influential scientific information,’’
which the Bulletin defines as scientific
information the agency reasonably can
determine will have, or does have, a
clear and substantial impact on
important public policies or private
sector decisions. 70 FR 2667.
In response to OMB’s Bulletin, DOE
conducted formal in-progress peer
reviews of the energy conservation
standards development process and
analyses and has prepared a Peer
Review Report pertaining to the energy
conservation standards rulemaking
analyses. Generation of this report
involved a rigorous, formal, and
documented evaluation using objective
criteria and qualified and independent
reviewers to make a judgment as to the
technical/scientific/business merit, the
actual or anticipated results, and the
productivity and management
effectiveness of programs and/or
projects. The ‘‘Energy Conservation
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Standards Rulemaking Peer Review
Report’’ dated February 2007 has been
disseminated and is available at the
following Web site:
www1.eere.energy.gov/buildings/
appliance_standards/peer_review.html.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
V. Public Participation
DOE welcomes all interested parties
to submit in writing by May 8, 2015
comments, data, and other information
on matters addressed in this proposal
and on other matters relevant to
consideration of definitions for
residential water heaters.
After the closing of the comment
period, DOE will consider all timelysubmitted comments and additional
information obtained from interested
parties, as well as information obtained
through further analyses. Afterward,
DOE will publish either supplemental
notice of proposed rulemaking or a final
rule amending these definitions and
clarifying the applicability of standards.
The final rule would include definitions
for the products covered by the
rulemaking.
A. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule no later than the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments, data, and other
information using any of the methods
described in the ADDRESSES section at
the beginning of this notice.
Submitting comments via
regulations.gov. The regulations.gov
Web page will require you to provide
your name and contact information.
Your contact information will be
viewable to DOE Building Technologies
staff only. Your contact information will
not be publicly viewable except for your
first and last names, organization name
(if any), and submitter representative
name (if any). If your comment is not
processed properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment itself or in any
documents attached to your comment.
Any information that you do not want
to be publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Otherwise, persons viewing comments
will see only first and last names,
organization names, correspondence
containing comments, and any
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documents submitted with the
comments.
Do not submit to regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(CBI)). Comments submitted through
regulations.gov cannot be claimed as
CBI. Comments received through the
Web site will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section below.
DOE processes submissions made
through regulations.gov before posting.
Normally, comments will be posted
within a few days of being submitted.
However, if large volumes of comments
are being processed simultaneously,
your comment may not be viewable for
up to several weeks. Please keep the
comment tracking number that
regulations.gov provides after you have
successfully uploaded your comment.
Submitting comments via email, hand
delivery/courier, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
regulations.gov. If you do not want your
personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information in a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery/
courier, please provide all items on a
CD, if feasible. It is not necessary to
submit printed copies. No facsimiles
(faxes) will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, that are written in English, and
that are free of any defects or viruses.
Documents should not contain special
characters or any form of encryption
and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
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18793
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery/courier two well-marked
copies: one copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
B. Issues on Which DOE Seeks Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
1. Are the criteria proposed to define
solar-assisted water heaters sufficient to
describe these types of water heaters?
2. Are there alternative ways to define
solar-assisted water heaters including
additional prescriptive design criteria or
performance-based criteria that might
involve tests to determine whether the
definition is met?
3. Should a criterion be added to the
definition of solar-assisted fossil fuelfired water heaters that requires the
burner to be located in the upper half of
the tank?
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4. Is the uniform test method for
measuring the energy consumption of
water heaters appropriate for
representing the performance of solarassisted electric and fossil fuel-fired
storage water heaters?
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this proposed rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, and Small
businesses.
Issued in Washington, DC, on March 25,
2015.
Roland Risser,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons set forth in the
preamble, DOE proposes to amend part
430 of chapter II, subchapter D, of title
10 of the Code of Federal Regulations,
as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for Part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.2 is amended by adding
the definitions of ‘‘solar-assisted electric
storage water heater’’ and ‘‘solarassisted fossil fuel storage water heater’’
in alphabetical order to read as follows:
■
§ 430.2
Definitions.
*
*
*
*
*
Solar-assisted electric storage water
heater means a product that utilizes
electricity to heat potable water for use
outside the heater upon demand and—
(1) stores water at a thermostatically
controlled temperature with an input of
12 kilowatts or less;
(2) has at least two threaded ports in
addition to those used for introduction
and delivery of potable water for the
supply and return of water or a heat
transfer fluid heated externally by solar
panels;
(3) does not have electric resistance
heating elements located in the lower
half of the storage tank;
(4) has the temperature sensing device
that controls the auxiliary electric heat
source located in the upper half of the
storage tank;
(5) has a certified first hour rating less
than 63 gallons.
Solar-assisted fossil fuel storage water
heater means a product that utilizes oil
or gas to heat potable water for use
outside the heater upon demand and—
(1) stores water at a thermostatically
controlled temperature, including gas
storage water heaters with an input of
75,000 Btu per hour or less and oil
storage water heaters with an input of
105,000 Btu per hour or less;
(2) has at least two threaded ports in
addition to those used for introduction
and delivery of potable water for the
supply and return of water or a heat
transfer fluid heated externally by solar
panels;
(3) has the burner located in the upper
half of the storage tank;
(4) has the temperature sensing device
that controls the auxiliary heat source
located in the upper half of the storage
tank; and
(5) has a certified first hour rating less
than 69 gallons for gas storage water
heaters and has a certified first hour
rating less than 128 gallons for oil
storage water heaters.
*
*
*
*
*
■ 3. Section 430.32 is amended by
revising paragraph (d) to read as
follows:
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
*
(d) Water heaters. (1) The energy
factor of water heaters shall not be less
than the following for products
manufactured on or after the indicated
dates.
Product class
Storage volume
Energy factor as of January 20,
2004
Energy factor as of April 16, 2015
Gas-fired Storage
Water Heater.
≥20 gallons and
≤100 gallons.
0.67 ¥ (0.0019 × Rated Storage
Volume in gallons).
Oil-fired Storage
Water Heater.
Electric Storage
Water Heater.
≤50 gallons ........
0.59 ¥ (0.0019 × Rated Storage
Volume in gallons).
0.97 ¥ (0.00132 × Rated Storage
Volume in gallons).
For tanks with a Rated Storage Volume at or below 55 gallons: EF
= 0.675 ¥ (0.0015 × Rated Storage Volume in gallons). For tanks
with a Rated Storage Volume above 55 gallons: EF = 0.8012 ¥
(0.00078 × Rated Storage Volume in gallons).
EF = 0.68 ¥ (0.0019 × Rated Storage Volume in gallons).
Tabletop Water
Heater.
Instantaneous
Gas-fired
Water Heater.
Instantaneous
Electric Water
Heater.
≥20 gallons and
≤120 gallons.
<2 gallons .........
0.93 ¥ (0.00132 × Rated Storage
Volume in gallons).
0.62 ¥ (0.0019 × Rated Storage
Volume in gallons).
<2 gallons .........
0.93 ¥ (0.00132 × Rated Storage
Volume in gallons).
≥20 gallons and
≤120 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 = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons).
EF = 0.82 ¥ (0.0019 × Rated Storage Volume in gallons).
EF = 0.93 ¥ (0.00132 × Rated Storage Volume in gallons).
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
NOTE: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by the manufacturer.
(2) Exclusions: The energy
conservation standards shown in
paragraph (1) of this section do not
apply to the following types of water
heaters:
(i) gas-fired, oil-fired, and electric
water heaters at or above 2 gallons
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storage volume and below 20 gallons
storage volume;
(ii) gas-fired water heaters above 100
gallons storage volume;
(iii) oil-fired water heaters above 50
gallons storage volume;
(iv) electric water heaters above 120
gallons storage volume;
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(v) gas-fired instantaneous water
heaters at or below 50,000 Btu/h;
(vi) solar-assisted electric storage
water heaters; and
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16 CFR Part 1610
other sensitive or protected information
that you do not want to be available to
the public. If furnished at all, such
information should be submitted in
writing.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, insert the docket
number, [ ], into the ‘‘Search’’ box, and
follow the prompts.
[Docket No. CPSC–2015–0007]
FOR FURTHER INFORMATION CONTACT:
Petition Requesting Rulemaking To
Amend the Standard for the
Flammability of Clothing Textiles
Rocky Hammond, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD, 20814; telephone (301)
504–6833, email: rhammond@cpsc.gov.
(vii) solar-assisted fossil fuel storage
water heaters.
*
*
*
*
*
[FR Doc. 2015–07956 Filed 4–7–15; 8:45 am]
BILLING CODE 6450–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Consumer Product Safety
Commission.
ACTION: Notice of Petition for
Rulemaking.
AGENCY:
The Consumer Product Safety
Commission (CPSC or Commission) has
received a petition requesting
amendments to the test procedure in the
Standard for the Flammability of
Clothing Textiles, 16 CFR part 1610.
Petitioner requests changes in the
requirements for preparation of clothing
textiles for flammability testing. The
Commission invites comments
concerning the petition.
DATES: The Office of the Secretary must
receive comments on the petition by
June 8, 2015.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2015–
0007, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
https://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
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On
February 4, 2015, CPSC’s Office of the
Secretary received a petition to the
Commission to initiate rulemaking to
amend the test procedure in 16 CFR part
1610, Standard for the Flammability of
Clothing Textiles (the Standard).
Petitioner, the International Association
of Users of Artificial and Synthetic
Filament Yarns and of Natural Silk,
asserts that the pre-test conditioning
requirements for textile samples set
forth in 16 CFR 1610.6(a)(2)(iv) (for
plain surface textile fabrics) and
1610.6(a)(3)(v) (for raised surface textile
fabrics) are inappropriate and
unrealistic for silk fabrics. The Standard
requires that textile specimens be
prepared for testing by treating them in
an oven at 105° C (221 °F) for 30
minutes, then placing them in a
desiccator to cool. See 16 CFR
1610.6(a)(2)(iv); 1610.6(a)(3)(v).
Petitioner contends this process
removes all moisture from silk fabric
samples, resulting in unrealistic
measures of textile flammability.
Petitioner asks that the Standard be
changed to require that all clothing
textile samples, including silk, be
conditioned at a lower temperature and
at a higher level of humidity.
Proposed Changes in Testing.
Petitioner asks the Commission to adopt
changes that would require all clothing
textiles to be conditioned before
flammability testing under the
temperature and humidity conditions
set forth in ASTM D1776–04, Standard
Practice for Conditioning and Testing
Textiles. This standard specifies that
general textiles should be conditioned at
a temperature of 21° ± 1° C (70° ± 2 °
F) and at a relative humidity of 65 ± 2%
for at least 24 hours prior to testing.
Petitioner contends flammability testing
of silk fabrics would be more realistic
and more meaningful if testing were
conducted using these conditioning
requirements. The proposed changes in
SUPPLEMENTARY INFORMATION:
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pre-test conditioning would apply to all
clothing textiles.
Reasons for Proposed Testing
Changes. Petitioner asserts that the
Standard’s conditioning requirements
subject silk fabric samples to ‘‘extreme
conditions not found in reality’’ and are
not based on any scientific reason.
Petitioner claims its test results show
that flammability testing outcomes for
silk fabrics vary dramatically,
depending on the conditioning standard
used. Petitioner also asserts that the
Standard’s conditioning requirements
are inconsistent with all national and
international textile testing standards of
which Petitioner is aware, including
textile testing standards promulgated by
the International Organization for
Standardization (ISO) and ASTM
International (ASTM). The two
alternative standards specifically cited
by Petitioner, ASTM D1776–04 and ISO
139, Textiles—Standard atmospheres
for conditioning and testing, require
conditioning of fabrics at lower
temperatures and at higher levels of
humidity than the Standard.
Proposed Commission Action.
Petitioner requests the Commission
implement the pre-test conditioning
standards of ASTM D1776 by amending
16 CFR 1610.6(a)(2)(iv) (conditioning of
plain surface textile fabrics) and
1610.6(a)(3)(v) (conditioning of raised
surface textile fabrics) to include the
conditioning standards of ASTM
D1776–04 for all clothing textiles,
including silk. These revisions also
would include a requirement that
conditioned samples be sealed in a tight
container and that testing be initiated
within one minute of opening of the
container. Petitioner also requests that
the Commission amend 16 CFR
1610.6(b) (refurbishing and testing after
refurbishing) by adding a new
subsection 1610.6(b)(4) to apply ASTM
D1776–04 conditioning standards to
flammability testing of refurbished (i.e.,
laundered or dry cleaned) textiles.
By this notice, the Commission seeks
comments concerning this petition.
Interested parties may obtain a copy of
the petition by writing or calling the
Office of the Secretary, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone (301) 504–6833. The petition
is also available at https://
www.regulations.gov under Docket No.
CPSC–2015–0007, Supporting and
Related Materials.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety
Commission.
[FR Doc. 2015–07907 Filed 4–7–15; 8:45 am]
BILLING CODE 6355–01–P
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]]>Agencies
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Proposed Rules]
[Pages 18784-18795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2014-BT-STD-0045]
RIN 1904-AD48
Energy Conservation Program for Consumer Products: Definitions
for Residential Water Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking (NOPR).
-----------------------------------------------------------------------
SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as
amended, prescribes energy conservation standards for various consumer
products and certain commercial and industrial equipment, including
residential water heaters. EPCA also requires the U.S. Department of
Energy (DOE) to determine whether more stringent amended standards
would be technologically feasible and economically justified, and would
save a significant amount of energy. Accordingly, DOE established
amended energy conservation standards for several classes of
residential water heaters in an April 2010 final rule. In this notice,
DOE proposes to amend its definitions pertaining to residential water
heaters and to clarify the applicability of energy conservation
standards for residential water heaters that are utilized as a
secondary back-up heat source in solar-thermal water heating systems.
Specifically, DOE is proposing to create a definition for ``solar-
assisted fossil fuel storage water heater'' and ``solar-assisted
electric storage water heater'' and clarify that water heaters meeting
these definitions are not subject to the amended energy
[[Page 18785]]
conservation standards for residential water heaters established by the
April 2010 final rule.
DATES: DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) no later than May 8, 2015. See
section V, ``Public Participation'' for details.
ADDRESSES: Any comments submitted must identify the NOPR for Energy
Conservation Standards for Residential Water Heaters, and provide
docket number EERE-2014-BT-STD-0045 and/or regulatory information
number (RIN) number 1904-AD48. Comments may be submitted using any of
the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: ResWaterHeater2014STD0045@ee.doe.gov. Include the docket
number and/or RIN in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(Public Participation).
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at regulations.gov. All
documents in the docket are listed in the regulations.gov index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
A link to the docket Web page can be found at: https://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0045. This Web
page will contain a link to the docket for this notice on the
regulations.gov site. The regulations.gov Web page will contain simple
instructions on how to access all documents, including public comments,
in the docket. See section V for further information on how to submit
comments through www.regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, contact Ms. Brenda Edwards at (202)
586-2945 or by email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-6590. Email:
Ashley.Armstrong@ee.doe.gov.
Johanna Hariharan, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6307. Email: Johanna.Hariharan@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Background
II. Summary of the Proposed Rule
III. General Discussion
A. Product Classes
1. General Description
2. Comments on te General Advantages of Solar Heating Systems
3. Design and Heating Rate Differences
D. Conclusions
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Introduction
The following section briefly discusses the statutory authority
underlying DOE's standards for residential water heaters and this NOPR,
as well as some of the relevant historical background related to the
establishment of standards for residential water heaters.
A. Authority
Title III of the Energy Policy and Conservation Act, as amended \1\
(42 U.S.C. 6291 et seq.; hereinafter ``EPCA'') sets forth various
provisions designed to improve energy efficiency. Part A of title III
of EPCA (42 U.S.C. 6291-6309) establishes the ``Energy Conservation
Program for Consumer Products Other Than Automobiles,'' which covers
consumer products and certain commercial products (hereinafter referred
to as ``covered products'').\2\ These covered products include
residential water heaters, which are the subject of this notice. (42
U.S.C. 6292(a)(4))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the American Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
Under EPCA, energy conservation programs generally consist of four
parts: (1) Testing, (2) labeling, (3) establishing Federal energy
conservation standards, and (4) certification and enforcement
procedures. The Federal Trade Commission (FTC) is primarily responsible
for labeling consumer products, and DOE implements the remainder of the
program.
EPCA contains what is known as an ``anti-backsliding'' provision,
which prevents the Secretary from prescribing any amended standard that
either increases the maximum allowable energy use or decreases the
minimum required energy efficiency of a covered product. (42 U.S.C.
6295(o)(1)) Also, the Secretary may not prescribe an amended or new
standard if interested persons have established by a preponderance of
the evidence that the standard is likely to result in the
unavailability in the United States of any covered product type (or
class) of performance characteristics (including reliability),
features, sizes, capacities, and volumes that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
B. Background
EPCA prescribed energy conservation standards for residential water
heaters (42 U.S.C. 6295(e)(1)) and directed DOE to conduct rulemakings
to determine whether to amend these standards. (42 U.S.C. 6295(e)(4))
DOE notes that under 42 U.S.C. 6295(m), the agency must periodically
review its already established energy conservation standards for a
covered product. Under this requirement, the next review that
[[Page 18786]]
DOE would need to conduct must occur no later than six years from the
issuance of a final rule establishing or amending a standard for a
covered product.
On January 17, 2001, DOE published a final rule prescribing the
Federal energy conservation standards for residential water heaters
that are currently in effect for units manufactured on or after January
20, 2004. 66 FR 4474 (``January 2001 Final Rule''). The January 2001
Final Rule set minimum energy factors (EFs) that vary based on the
storage volume of the water heater, the type of energy it uses (i.e.,
gas, oil, or electricity), and whether it is a storage, instantaneous,
or tabletop model. 66 FR 4474; 10 CFR 430.32(d). Table I.1 presents the
current Federal energy conservation standards for residential water
heaters.
Table I.1--Current Federal Energy Efficiency Standards for Residential
Water Heaters
------------------------------------------------------------------------
Energy factor as of January 20,
Product class 2004
------------------------------------------------------------------------
Gas-fired Water Heater............... EF = 0.67 - (0.0019 x Rated
Storage Volume in gallons).
Oil-fired Water Heater............... EF = 0.59 - (0.0019 x Rated
Storage Volume in gallons).
Electric Water Heater................ EF = 0.97 - (0.00132 x Rated
Storage Volume in gallons).
Tabletop Water Heater................ EF = 0.93 - (0.00132 x Rated
Storage Volume in gallons).
Instantaneous Gas-fired Water Heater. EF = 0.62 - (0.0019 x Rated
Storage Volume in gallons).
Instantaneous Electric Water Heater.. EF = 0.93 - (0.00132 x Rated
Storage Volume in gallons).
------------------------------------------------------------------------
On April 16, 2010, DOE published a final rule in the Federal
Register amending the energy conservation standards for residential
water heaters for a second time (hereinafter ``April 2010 final
rule''). 75 FR 20111. The updated standards maintained the existing
product class structure, dividing water heaters based on the type of
energy used (i.e., gas, oil, or electricity) and whether it is a
storage, instantaneous, or tabletop model, but also differentiated
standard levels for electric and gas-fired storage water heaters based
on whether the rated storage volume is greater than 55 gallons, or less
than or equal to 55 gallons. Compliance with the energy conservation
standards contained in the April 2010 final rule will be required
starting on April 16, 2015. Id.
Table I.2 presents the amended Federal energy conservation
standards for residential water heaters, which are also set forth in 10
CFR 430.32(d).
Table I.2--Amended Federal Energy Conservation Standards for Residential
Water Heaters Established by April 2010 Final Rule
------------------------------------------------------------------------
Energy factor as of April 16,
Product class 2015
------------------------------------------------------------------------
Gas-fired Water Heater............... For tanks with a Rated Storage
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).
Oil-fired Water Heater............... EF = 0.68 - (0.0019 x Rated
Storage Volume in gallons).
Electric Water Heater................ For tanks with a Rated Storage
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).
Tabletop Water Heater................ EF = 0.93 - (0.00132 x Rated
Storage Volume in gallons).
Instantaneous Gas-Fired Water Heater. EF = 0.82 - (0.0019 x Rated
Storage Volume in gallons).
Instantaneous Electric Water Heater.. EF = 0.93 - (0.00132 x Rated
Storage Volume in gallons).
------------------------------------------------------------------------
On October 21, 2014, DOE published a Request for Information (RFI)
in the Federal Register regarding test procedures and energy
conservation standards for residential solar water heaters (hereinafter
the ``October 2014 RFI''). 79 FR 62891. Specifically, the October 2014
RFI requested comment on the following topics:
1. Solar water heating technologies that utilize a secondary
heating source that are currently available to the consumer.
2. Design differences between water heaters that are designed to be
part of a solar water heating system compared to those meant for
typical residences without a solar water heating system.
3. Heating rates and the amount of hot water that can be supplied
by water heaters meant to serve as a secondary heat source for a solar
collector compared to the heating rates and hot water supply capacity
water heaters.
4. The fractions of single tank and dual tank solar water heating
systems, and whether the secondary water heaters used include design
features that differ from conventional residential water heaters.
5. The manufacturers of water heaters used in solar thermal
installations, the market share of each manufacturer, and whether any
of them are small businesses.
6. The total annual shipments of the market for solar water heating
systems that utilize secondary heat sources, the fractions of water
heaters that are used to provide secondary water heating by rated
volume, input capacity, and fuel type.
7. Any other attributes of solar water heating tanks which
distinguish them from conventional storage or instantaneous water
heaters. 79 FR 62891, 62893-94 (Oct. 21, 2014).
II. Summary of the Proposed Rule
After considering the comments on the RFI and the characteristics
and applications of hot water storage tanks used in solar thermal
systems and having a backup gas, oil, or electric heat source, DOE has
tentatively concluded that the analysis conducted for the April 2010
final rule did not adequately consider such applications and the
accompanying backup tanks. Therefore, in this NOPR, DOE is proposing to
add clarifying text to 10 CFR 430.32(d) indicating that the energy
conservation standards for residential water heaters
[[Page 18787]]
do not apply to water heaters meeting the new definitions of ``solar-
assisted fossil fuel storage water heater'' and ``solar-assisted
electric storage water heater,'' that are also proposed in this NOPR.
(See section III.D of this NOPR for the proposed definitions.)
III. General Discussion
As stated in section I.B, compliance with an amended energy
conservation standard for residential water heaters will be required
beginning on April 16, 2015. 75 FR 20111. DOE has tentatively concluded
that hot water storage tanks used in solar thermal systems that have a
backup gas, oil, or electric heat source were not adequately considered
in the analysis for the April 2010 rule. Therefore, DOE is undertaking
this rulemaking to clarify the scope of DOE's existing energy
conservation standards for residential water heaters.
In response to the October 2014 RFI, DOE received 4 written
comments from the following interested parties: American Council for an
Energy-Efficient Economy (ACEEE),\3\ Air-Conditioning, Heating and
Refrigeration Institute (AHRI), Rheem Manufacturing Company (Rheem) and
Solar Energy Industries Association (SEIA).\4\ These comments are
discussed further in the sections below as they relate to the specific
issues discussed in this NOPR.
---------------------------------------------------------------------------
\3\ ACEEE submitted a joint comment on behalf of ACEEE,
Appliance Standards Awareness Project (ASAP), and Natural Resources
Defense Council (NRDC), and this comment is referred to throughout
this document as the ``ACEEE joint comment.''
\4\ SEIA submitted a joint comment on behalf of SEIA,
International Association of Plumbing and Mechanical Officials
(IAPMO) and Solar Rating and Certification Corporation (SRCC), and
this comment is referred to throughout this document as the ``SEIA
joint comment.''
---------------------------------------------------------------------------
Generally, the ACEEE joint comment recommended that DOE not
consider a rulemaking to adopt a new minimum efficiency standard for
residential solar-thermal water heaters because the extremely small
sales volume of these products does not justify the effort to set a
standard. The ACEEE joint comment argued that customers of these
expensive systems would buy only from reputable manufacturers and
installers and use either the ENERGY STAR brand or a high rating under
the SRCC program to guide their purchasing decision. (ACEEE joint
comment, No. 2 at p. 1-2) The ACEEE joint comment also recommended that
DOE not consider a rulemaking to adopt a new test method for
residential solar-thermal water heating systems because a widely
accepted non-federal test method and rating program for solar water
heaters built around OG-300 solar system ratings already exists. (ACEEE
joint comment, No. 2 at p. 1) The SEIA joint comment recommended an
exemption be established for backup water heaters which prioritize
solar heating over the secondary heat source and that the volume heated
by the secondary heat source be less than or equal to 55 gallons. (SEIA
joint comment, No. 5 at p. 6) Similarly, Rheem commented that the
residential water heater standard for conventional water heaters should
not be applied to solar water heaters because they are different
systems and not direct substitutes. (Rheem, No. 4 at p. 2)
DOE generally agrees with these commenters' points and notes that
the purpose of this NOPR is not to consider new energy conservation
standards or test methods for solar water heating systems, but rather
to clarify the scope of DOE's existing standards. Specifically, DOE is
proposing amendments to clarify that DOE's standards for residential
water heaters are not applicable to water heaters that are used as a
backup heat source in solar thermal water heating systems.
A. Product Classes
When evaluating and establishing energy conservation standards, DOE
divides covered products into product classes by the type of energy
used or by capacity or other performance-related features that justify
a different standard. In making a determination whether a performance-
related feature justifies a different standard, DOE must consider such
factors as the utility to the consumer of the feature and other factors
DOE determines are appropriate. (42 U.S.C. 6295(q))
Existing energy conservation standards divide residential water
heaters into product classes based on primary energy source (i.e., gas,
oil, or electricity), whether it is instantaneous or storage, and
whether it is a ``tabletop'' model. Storage capacity and input rate are
used to determine whether a water heater is characterized as storage or
instantaneous. (42 U.S.C. 6291(27)) For example, an instantaneous water
heater must contain no more than one gallon of water per 4,000 Btu per
hour of input. (42 U.S.C. 6291(27)(B)). EPCA establishes the input-rate
limitations for residential water heaters (42 U.S.C. 6291(27)), and DOE
has further established limitations at 10 CFR 430.2 based on rated
storage volume and the temperature to which the water can be delivered.
Table III.1 shows the input and volume limitations that define the
current range of water heaters subject to standards. In addition to the
criteria listed in Table III.1, if a water heater is designed to heat
water to a temperature of less than 180 [deg]F, it is classified as
residential, while any water heater that heats water to temperatures at
or above 180 [deg]F is classified as commercial. In the amended energy
conservation standard established by the April 2010 final rule and
effective April 16, 2015, rated storage volume is used to determine the
applicable standard. Gas and electric water heaters with rated storage
volumes above 55 gallons are subject to more stringent standards than
smaller water heaters of the same fuel type. 10 CFR 430.32(d).
Residential water heaters that use solar energy only are not
covered by DOE regulations for residential water heaters since they do
not utilize gas, oil, or electricity as required by the definition of a
``water heater'' under EPCA. (42 U.S.C. 6291(27)) However, residential
water heaters that use solar energy but that are combined with storage
tanks with secondary or backup energy sources that use electricity,
gas, or oil are covered, provided that they meet all other requirements
to be considered a ``water heater''. This rule considers only solar-
thermal tanks designed for residential use; therefore, the water heater
must be described by the fuel type and volumes specified in Table I.2
and reiterated in Table III.1 and meet the input capacity limitations
set forth in EPCA and shown below in Table III.1. (42 U.S.C. 6291(16))
Table III.1--Residential Storage Water Heater Scope of Coverage
------------------------------------------------------------------------
Rated storage
Product class volume Input capacity
------------------------------------------------------------------------
Gas-Fired Storage............... >=20 gal and <=100 <=75 kBtu/h
gal.
Oil-Fired Storage............... <=50 gal.......... <=105 kBtu/h
Electric Storage................ >=20 gal and <=120 <=12 kW
gal.
Tabletop........................ >=20 gal and <=100 <=12 kW
gal.
------------------------------------------------------------------------
B. Solar Water Heating Technologies
1. General Description
Solar water heating systems that are the subject of this NOPR
generally consist of a solar collector to capture heat from the sun and
a storage tank that stores the potable water that has been heated by
the solar collector for use on demand. These systems typically require
a secondary heat source for times when solar energy is not sufficient
to provide adequate hot water. In the October 2014 RFI, DOE requested
[[Page 18788]]
comment on current solar water heating technology practices in the
United States and, specifically, on solar water heating technologies
that utilize a secondary heating source and are currently available to
consumers. 79 FR 62891, 62893 (Oct. 21, 2014).
Both Rheem's comment and the SEIA joint comment stated that all
solar water heating systems sold in the U.S. today are paired with a
conventional backup heating source (SEIA joint comment, No. 5 at p. 2,
Rheem, No. 4 at p. 2). Furthermore, the SEIA joint comment specified
that a single-tank electric/solar water heating system consists of a
single tank which serves as both a solar storage tank and a
conventional water heater (when adequate solar energy is unavailable).
In these tanks, a 4.5 kW electric element is commonly located in the
upper part of the tank, leaving one-half to two-thirds of the tank
unheated by the electric element due to temperature stratification,
which causes the heated water to remain mostly in the upper part of the
tank. (SEIA joint comment, No. 5 at p. 2)
2. Comments on the General Advantages of Solar Heating Systems
In the October 2014 RFI, DOE requested comment on any other
attributes of solar water heating systems that utilize secondary
heating tanks, which distinguish them from conventional storage or
instantaneous water heaters. 79 FR 62891, 62893 (Oct. 21, 2014).
The SEIA joint comment stated that solar water heating systems
offer advantages over conventional water heating equipment that are
overlooked or not understood. For example, solar water heating systems
provide lower peak load requirements (which can be beneficial to
utility companies), are not sensitive to flow rates, and have lower
maintenance requirements than instantaneous heating systems. (SEIA
joint comment, No. 5 at p. 8) The commenters also noted that solar
water heating systems have several advantages over heat pump water
heaters, including better performance in cold climate, no air
circulation considerations, and no special skills required to install
and maintain. (SEIA joint comment, No. 5 at p. 9)
3. Design and Heating Rate Differences
In the October 2014 RFI, DOE specifically sought comment on the
design differences between water heaters that are designed to be part
of a solar water heating system compared to those meant for typical
residences without a solar water heating system. DOE also requested
comment on the heating rates and the amount of hot water that can be
supplied by water heaters meant to serve as a secondary heat source for
a solar collector compared to the heating rates and hot water supply
capacity of other water heaters, and whether there are any other
attributes of solar water heating systems that utilize secondary
heating tanks that distinguish them from conventional storage or
instantaneous water heaters. 79 FR 62891, 62893 (Oct. 21, 2014).
AHRI's comment, Rheem's comment, and the SEIA joint comment stated
that generally solar water heaters that use secondary heating tanks are
fairly similar to conventional water heaters. (AHRI, No. 3 at p. 2,
Rheem, No. 4 at p. 5)
In noting the design differences between conventional water heaters
and those used in solar-thermal water heating systems, AHRI, Rheem and
the joint SEIA comment stated that there is a range of design
differences in water heaters intended to be part of a solar thermal
installation and those intended for a conventional installation. Water
heaters intended for use in solar-thermal systems typically have two
extra threaded ports as well as specifically designed controls. Other
features may include special heat exchangers or additional backup
heating elements. (AHRI, No. 3 at p. 1, Rheem, No. 4 at p. 3, SEIA
joint comment, No. 5 at p. 4) On the other hand, the ACEEE joint
commenters stated that they would be surprised to find many products
specifically designed as auxiliary heat sources for solar thermal water
heating systems, and that the only special features for a solar storage
tank by itself would be a double-wall water-to-water heat exchanger for
indirect systems employing non-potable antifreeze in the primary loop.
(ACEEE joint comment, No. 2 at p. 2)
Several commenters stated that solar water heaters are sized
differently than conventional water heaters. The SEIA joint comment
stated that the solar component of a typical 80 gallon solar/electric
system can heat between 40 and 80 gallons depending on the level of
solar radiation and the rate of use, where up to 40 gallons is heated
by the electric element. (SEIA joint comment, No. 5 at p. 6)
Rheem also stated that their 80 and 120 gallon storage water
heaters can provide up to 40 gallons of backup element water heating
capacity regardless of the tank volume. (Rheem, No. 4 at p. 3) AHRI's
comment and the SEIA joint comment stated that the performance
characteristics of solar water heaters can be less than a standard
water heater. (AHRI, No. 3 at p. 2, SEIA joint comment, No. 5 at p. 6)
Another design difference that was noted by commenters centered
around the location and number of the plumbing connections on the
storage tank that are used in solar thermal systems. Rheem commented
that the cold water inlet connections on solar water heating storage
tanks are located at the bottom to prevent mixing with heated water as
compared to the cold water inlet being typically located at the top of
a traditional storage tank. (Rheem, No. 4 at p. 4) Rheem also commented
that the features of its solar storage water heater increase the
manufacturing complexity and cost of the heaters, and therefore it is
not anticipated that the heaters would be substituted for a standard
water heater in an installation without a solar collector. (Rheem, No.
4 at p. 5)
DOE considered all of the above comments when developing its
tentative conclusions regarding solar-assisted electric storage water
heaters and solar-assisted fossil fuel storage water heaters (see
section III.D).
C. Solar Water Heating Markets
DOE has conducted preliminary research to investigate the solar
water heating equipment market. Based on a report by the National
Renewable Energy Laboratory (NREL), DOE distinguished between two
distinct periods of solar water heater installations. From 1985 to
2005, when there were no tax incentives for solar water heaters, the
number of installations ranged from approximately 5,000 to 10,000
annually. Federal and State tax incentives were instituted in 2006.
Between 2006 and 2010, there were between approximately 18,000 and
33,500 solar thermal water heater systems installed annually in the
U.S.
In the October 2014 RFI, DOE requested comments on various topics
related to the market for solar water heating systems. Specifically,
DOE requested information on the fractions of single tank and dual tank
solar water heating systems. DOE also sought comments on the
manufacturers of water heaters used in solar thermal installations, as
well as the market share of each manufacturer, and whether any of them
are small businesses. Lastly, DOE sought input regarding the total
annual shipments of solar water heating systems that utilize secondary
heat sources, the fractions of water heaters that are used to provide
secondary water heating by rated volume, input capacity, and fuel type.
79 FR 62891, 62893 (Oct. 21, 2014).
[[Page 18789]]
The SEIA joint comment stated that dual tank systems are normally
only used when the end use is heating water with natural gas, propane,
or fuel oil, and that most dual tank systems are located in areas with
strong financial incentives. (SEIA joint comment, No. 5 at p. 6) The
following market distribution of systems is currently certified by the
SRCC: 43 percent of systems are dual tank, 45 percent are single tank,
and 12 percent are tankless. (SEIA joint comment, No. 5 at p. 6 n.13)
For dual tank systems, the distribution by fuel type certified by the
SRCC is as follows: 54 percent use natural gas as backup, 45 percent
use electricity, and 1 percent use oil. (SEIA joint comment, No. 5 at
p. 7) Regarding the number of units actually installed, the SEIA joint
comment estimated that the ratio of single tank to dual tank systems
installed is 4 to 1. (SEIA joint comment, No. 5 at p. 7)
Rheem commented that it sells solar thermal systems with a single
storage tank. Rheem noted that some installers have the opportunity to
install multiple small tanks or combinations of tanks to store heat
collected when sunlight is available, and that specific designs are
based on the hot water requirement of the dwelling and the solar
capacity available from the collectors. (Rheem, No. 4 at p. 3)
The SEIA joint comment provided the market share of water heater
manufacturers for the entire market as follows: A.O. Smith represents
about half of the total U.S. market for water heaters (50 percent),
Rheem approximately one third (33 percent), and Bradford White holds
about 13 percent market share; the remaining 4 percent is comprised of
other brands. (SEIA joint comment, No. 5 at p. 7) Rheem stated that
solar thermal water heating systems are a low sales volume product for
Rheem, and that it is a major manufacturer of storage water heaters.
(Rheem, No. 4 at p. 3)
Regarding annual shipments of solar water heating systems, the SEIA
joint comment stated that in 2013, 2,200 solar water heating systems
using 80 or 120 gallon tanks received a rebate for installation in
Hawaii (excluding Kauai County). In addition, solar water heating
systems installed on new single-family home construction with tanks in
the 65 to 120 gallon range can be estimated at 1,500 per year. (SEIA
joint comment, No. 5 at p. 7) Based on a report from International
Energy Agency Solar Heating and Cooling Programme, the SEIA joint
comment estimates that 22,500 new solar domestic water heating systems
are being installed in the U.S. annually. (SEIA joint comment, No. 5 at
p. 8) Rheem commented that its annual sales of thermal storage water
heaters is less than one day of production of conventional storage
water heaters. (Rheem, No. 4 at p. 3)
D. Conclusions
DOE has considered the comments discussed in sections III.B and
III.C and has tentatively determined that solar-assisted electric
storage water heaters and solar-assisted fossil fuel storage water
heaters are distinguishable from other categories of storage water
heaters. Even though solar-assisted water heaters use electricity or
fossil fuel to heat water without the use of solar thermal panels, DOE
notes that the heating capacity of the tank with a comparable rated
storage volume is reduced based on the design difference of the heating
element or the fossil fuel burner. The plumbing configuration of the
tank is also different in order for the storage tank to utilize the
solar heated water in an optimized manner. DOE further notes that
purchasers of these solar-assisted water heating systems may not be
considering the economic criteria of the storage water heater tank
alone, given that a significant portion of the installed cost of these
systems is attributable to the solar thermal portion of the system and
that a substantial portion of the water heating load may be provided by
solar energy, as opposed to marketed fuels such as electricity, gas, or
oil. These purchasers, therefore, may place an added value on owning a
``green'' system, which could provide different economic and
performance benefits to these consumers when compared to an electric or
fossil fuel storage water heater. For these reasons, DOE has determined
that the minimum efficiency standard levels promulgated in the April
16, 2010 final rule do not apply to these categories of water heaters.
In order to clarify the applicability of DOE's regulations to
solar-assisted water heaters, DOE proposes to define the terms ``solar-
assisted electric storage water heater'' and ``solar-assisted fossil
fuel storage water heater'' at 10 CFR 430.2 and clarify that products
meeting these definitions are not subject to DOE's current or amended
standards for residential water heaters at 10 CFR 430.32(d). In
addition to the data and comments received in response to the request
for information, DOE also used the certified ratings from DOE's
Compliance Certification Data base, as of February 2015, to gather
information such as average first hour ratings for basic models being
distributed in commerce for various storage volumes.\5\ More
specifically, DOE used the average first hour rating of the electric
storage water heaters with a rated storage volume of 50 gallons, the
average first hour rating of the gas-fired storage water heaters with a
rated storage volume of 40 gallons, and the average first hour rating
of the oil storage water heaters with a rated storage volume of 32
gallons to develop parts of the definitions below.
---------------------------------------------------------------------------
\5\ See https://www.regulations.doe.gov/certification-data/CCMS-79222842113.html for additional information and access to the data
that DOE analyzed.
---------------------------------------------------------------------------
Based on the comments discussed in section II.B, DOE proposes to
define a solar-assisted electric storage water heater as a product that
utilizes electricity to heat potable water for use outside the heater
upon demand and--
(A) stores water at a thermostatically controlled temperature with
an input of 12 kilowatts or less;
(B) has at least two threaded ports in addition to those used for
introduction and delivery of potable water for the supply and return of
water or a heat transfer fluid heated externally by solar panels;
(C) does not have electric resistance heating elements located in
the lower half of the storage tank;
(D) has the temperature sensing device that controls the auxiliary
electric heat source located in the upper half of the storage tank; and
(E) has a certified first hour rating less than 63 gallons.
Similarly, DOE proposes to define a solar-assisted fossil fuel
storage water heater at 10 CFR 430.2 as a product that utilizes oil or
gas to heat potable water for use outside the heater upon demand and--
(A) stores water at a thermostatically controlled temperature,
including gas storage water heaters with an input of 75,000 Btu per
hour or less and oil storage water heaters with an input of 105,000 Btu
per hour or less;
(B) has at least two threaded ports in addition to those used for
introduction and delivery of potable water for the supply and return of
water or a heat transfer fluid heated externally by solar panels;
(C) has the burner located in the upper half of the storage tank;
(D) has the temperature sensing device that controls the auxiliary
gas or oil heat source located in the upper half of the storage tank;
and
(E) has a certified first hour rating less than 69 gallons for gas
storage water heaters and has a certified first hour rating less than
128 gallons for oil storage water heaters.
[[Page 18790]]
DOE is specifically seeking comment on one element of its proposed
definition of solar-assisted fossil fuel storage water heaters that
would limit solar-assisted water heaters to only those with the burner
located in the upper half of the storage tank. DOE is aware of solar
backup water heaters that have burners located in the upper portion of
the tank but acknowledges that there are others that have burners
located at the bottom of the water heater. The Department is concerned
that water heaters with burners located at the bottom of the tank can
be used as a household's main water heater without solar backup and
should, therefore, be treated in the same manner as conventional water
heaters with regards to standards. Thus, DOE seeks comment on the
merits of this proposal.
DOE also requests comment on other ways to define solar-assisted
water heaters, including both definitional criteria not listed in the
proposed definitions above and any performance-based criteria that
might involve tests to determine whether the definition is met.
Although water heaters meeting the definition of ``solar-assisted
electric storage water heater'' or ``solar-assisted fossil fuel storage
water heater'' remain covered products as water heaters, DOE proposes
to clarify at 10 CFR 430.32(d) that these water heaters are not subject
to the energy conservation standards currently specified in 10 CFR
430.32(d). DOE also proposes to clarify that the test methods described
in 10 CFR 430.23(e) are applicable to solar-assisted water heaters for
purposes of representing their performance when described as a stand-
alone item (i.e., the backup tank portion only). When these water
heaters are presented as part of a complete solar system that includes
solar panels and any auxiliary equipment to move heat from the panels
to the storage water heater, DOE believes that metrics commonly used by
industry such as the Solar Energy Factor and Solar Fraction are most
appropriate for representing the performance of the entire system. DOE
seeks comment on the applicability of the uniform test method for
measuring the energy consumption of water heaters to solar-assisted
electric and fossil fuel storage water heaters.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Section 1(b)(1) of Executive Order 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993), requires each agency to identify
the problem that it intends to address, including, where applicable,
the failures of private markets or public institutions that warrant new
agency action, as well as to assess the significance of that problem.
The problems that the proposed standards address are as follows:
(1) Insufficient information and the high costs of gathering and
analyzing relevant information leads some consumers to miss
opportunities to make cost-effective investments in energy efficiency.
(2) In some cases the benefits of more efficient equipment are not
realized due to misaligned incentives between purchasers and users. An
example of such a case is when the equipment purchase decision is made
by a building contractor or building owner who does not pay the energy
costs.
(3) There are external benefits resulting from improved energy
efficiency of appliances that are not captured by the users of such
equipment. These benefits include externalities related to public
health, environmental protection, and national security that are not
reflected in energy prices, such as reduced emissions of air pollutants
and greenhouse gases that impact human health and global warming.
In addition, this regulatory action is not an ``economically
significant regulatory action'' under section 3(f)(1) of Executive
Order 12866. Accordingly, DOE is not required under section 6(a)(3) of
the Executive Order to prepare a regulatory impact analysis (RIA) on
this rule and the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget (OMB) is not required to review
this rule.
DOE has also reviewed this regulation pursuant to Executive Order
13563. 76 FR 3281 (Jan. 21, 2011). Executive Order 13563 is
supplemental to and explicitly reaffirms the principles, structures,
and definitions governing regulatory review established in Executive
Order 12866. To the extent permitted by law, agencies are required by
Executive Order 13563 to: (1) Propose or adopt a regulation only upon a
reasoned determination that its benefits justify its costs (recognizing
that some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity); (4) to the extent
feasible, specify performance objectives, rather than specifying the
behavior or manner of compliance that regulated entities must adopt;
and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
DOE emphasizes as well that Executive Order 13563 requires agencies
to use the best available techniques to quantify anticipated present
and future benefits and costs as accurately as possible. In its
guidance, the Office of Information and Regulatory Affairs has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
DOE believes that this NOPR is consistent with these principles,
including the requirement that, to the extent permitted by law,
benefits justify costs and that net benefits are maximized.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE has made its
procedures and policies available on the Office of the General
Counsel's Web site (https://energy.gov/gc/office-general-counsel).
For manufacturers of residential water heaters, the Small Business
Administration (SBA) has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. 65 FR 30836, 30848 (May 15, 2000), as amended at 65 FR 53533,
53544 (Sept. 5, 2000) and codified at 13
[[Page 18791]]
CFR part 121.The size standards are listed by North American Industry
Classification System (NAICS) code and industry description and are
available at https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. Residential water heater manufacturing is
classified under NAICS 335228, ``Other Major Household Appliance
Manufacturing.'' The SBA sets a threshold of 500 employees or less for
an entity to be considered as a small business for this category.
To estimate the number of companies that could be small business
manufacturers of solar-assisted water heaters covered by this
rulemaking, DOE constructed a list of residential water heater
manufacturers by conducting a market survey using publicly available
information. DOE's research involved industry trade association
membership directories (including AHRI), information from previous
rulemakings, individual company Web sites, SBA's database, and market
research tools (e.g., Hoover's reports). DOE used the Solar Rating and
Certification Corporation's certification database as well as
individual company Web sites to determine which residential water
heater manufacturers identified offer solar-assisted products and would
potentially be impacted by this proposed rule. DOE screened out
companies that do not offer products covered by this rulemaking, do not
meet the definition of a ``small business,'' or are completely foreign
owned and operated.
DOE initially identified eight manufacturers of solar-assisted
water heaters sold in the United States. After reviewing publicly
available information on these potential residential water heater
manufacturers, DOE determined that five were either large manufacturers
or manufacturers that were completely foreign owned and operated. Based
on these efforts, DOE estimated that there are three small business
manufacturers of water heaters that meet the definition of solar-
assisted electric storage water heater or solar-assisted fossil fuel
water heater, as proposed in this NOPR.
DOE is not proposing any amended standards for residential water
heater manufacturers in this NOPR. Rather, the Department proposes to
define solar-assisted electric storage water heaters and solar-assisted
fossil fuel-fired storage water heaters, and to clarify that current
residential water heater standards do not apply to such products. As a
result, DOE certifies that this NOPR will not have a significant
economic impact on a substantial number of small entities and
therefore, has not prepared an IRFA. DOE will transmit this
certification to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) for review under 5 U.S.C 605(b).
A statement of the objectives of, and reasons and legal basis for,
the proposed rule are set forth elsewhere in the preamble and not
repeated here.
C. Review Under the Paperwork Reduction Act
Manufacturers of residential water heaters must certify to DOE that
their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for residential water
heaters, including any amendments adopted for those test procedures.
DOE has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including residential water heaters. 76 FR 12422 (March 7,
2011). The collection-of-information requirement for the certification
and recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 30 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
This proposal clarifies the applicability of the amended energy
conservation standards to solar-assisted water heaters and thus, also
clarifies the certification requirements. If the proposal is finalized
as proposed, those water heaters meeting the definition of solar-
assisted in DOE's regulations would not have to be certified with the
Department because they would not be subject to standards.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act (NEPA) of 1969,
DOE has determined that the proposed rule fits within the category of
actions included in Categorical Exclusion (CX) B5.1 and otherwise meets
the requirements for application of a CX. See 10 CFR part 1021, App. B,
B5.1(b); 1021.410(b) and Appendix B, B(1)-(5). The proposed rule fits
within the category of actions because it is a rulemaking that
clarifies the applicability of energy conservation standards for
consumer products, and for which none of the exceptions identified in
CX B5.1(b) apply. Therefore, DOE has made a CX determination for this
rulemaking, and DOE does not need to prepare an Environmental
Assessment or Environmental Impact Statement for this proposed rule.
DOE's CX determination for this proposed rule is available at https://cxnepa.energy.gov/.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism.'' 64 FR 43255 (Aug. 10, 1999)
imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. EPCA governs and
prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No
further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' imposes on Federal agencies the general duty
to adhere to the following requirements: (1) Eliminate drafting errors
and ambiguity; (2) write regulations to minimize litigation; and (3)
provide a clear legal standard for affected conduct rather than a
general standard and promote simplification
[[Page 18792]]
and burden reduction. 61 FR 4729 (Feb. 7, 1996). Section 3(b) of
Executive Order 12988 specifically requires that Executive agencies
make every reasonable effort to ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any; (2) clearly specifies any
effect on existing Federal law or regulation; (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction; (4) specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this proposed rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy
statement is also available at https://energy.gov/gc/office-general-counsel.
This proposed rule does not contain a Federal intergovernmental
mandate, and will not require expenditures of $100 million or more on
the private sector. Accordingly, no further action is required under
the UMRA.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (Mar. 18, 1988), that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
guidelines established by each agency pursuant to general guidelines
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22,
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7,
2002). DOE has reviewed this NOPR under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
at OMB, a Statement of Energy Effects for any proposed significant
energy action. A ``significant energy action'' is defined as any action
by an agency that promulgates or is expected to lead to promulgation of
a final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
DOE has tentatively concluded that this regulatory action, which
clarifies applicability of the energy conservation standards for
residential water heaters, is not a significant energy action because
the proposed clarifications are not likely to have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as such by the Administrator at OIRA. Accordingly,
DOE has not prepared a Statement of Energy Effects on the proposed
rule.
L. Review Under the Information Quality Bulletin for Peer Review
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (OSTP), issued its Final Information
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14,
2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as scientific information the
agency reasonably can determine will have, or does have, a clear and
substantial impact on important public policies or private sector
decisions. 70 FR 2667.
In response to OMB's Bulletin, DOE conducted formal in-progress
peer reviews of the energy conservation standards development process
and analyses and has prepared a Peer Review Report pertaining to the
energy conservation standards rulemaking analyses. Generation of this
report involved a rigorous, formal, and documented evaluation using
objective criteria and qualified and independent reviewers to make a
judgment as to the technical/scientific/business merit, the actual or
anticipated results, and the productivity and management effectiveness
of programs and/or projects. The ``Energy Conservation
[[Page 18793]]
Standards Rulemaking Peer Review Report'' dated February 2007 has been
disseminated and is available at the following Web site:
www1.eere.energy.gov/buildings/appliance_standards/peer_review.html.
V. Public Participation
DOE welcomes all interested parties to submit in writing by May 8,
2015 comments, data, and other information on matters addressed in this
proposal and on other matters relevant to consideration of definitions
for residential water heaters.
After the closing of the comment period, DOE will consider all
timely-submitted comments and additional information obtained from
interested parties, as well as information obtained through further
analyses. Afterward, DOE will publish either supplemental notice of
proposed rulemaking or a final rule amending these definitions and
clarifying the applicability of standards. The final rule would include
definitions for the products covered by the rulemaking.
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this notice.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section
below.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or mail.
Comments and documents submitted via email, hand delivery, or mail also
will be posted to regulations.gov. If you do not want your personal
contact information to be publicly viewable, do not include it in your
comment or any accompanying documents. Instead, provide your contact
information in a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible. It is
not necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked non-confidential with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
B. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. Are the criteria proposed to define solar-assisted water heaters
sufficient to describe these types of water heaters?
2. Are there alternative ways to define solar-assisted water
heaters including additional prescriptive design criteria or
performance-based criteria that might involve tests to determine
whether the definition is met?
3. Should a criterion be added to the definition of solar-assisted
fossil fuel-fired water heaters that requires the burner to be located
in the upper half of the tank?
[[Page 18794]]
4. Is the uniform test method for measuring the energy consumption
of water heaters appropriate for representing the performance of solar-
assisted electric and fossil fuel-fired storage water heaters?
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, and Small businesses.
Issued in Washington, DC, on March 25, 2015.
Roland Risser,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 430 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for Part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.2 is amended by adding the definitions of ``solar-
assisted electric storage water heater'' and ``solar-assisted fossil
fuel storage water heater'' in alphabetical order to read as follows:
Sec. 430.2 Definitions.
* * * * *
Solar-assisted electric storage water heater means a product that
utilizes electricity to heat potable water for use outside the heater
upon demand and--
(1) stores water at a thermostatically controlled temperature with
an input of 12 kilowatts or less;
(2) has at least two threaded ports in addition to those used for
introduction and delivery of potable water for the supply and return of
water or a heat transfer fluid heated externally by solar panels;
(3) does not have electric resistance heating elements located in
the lower half of the storage tank;
(4) has the temperature sensing device that controls the auxiliary
electric heat source located in the upper half of the storage tank;
(5) has a certified first hour rating less than 63 gallons.
Solar-assisted fossil fuel storage water heater means a product that
utilizes oil or gas to heat potable water for use outside the heater
upon demand and--
(1) stores water at a thermostatically controlled temperature,
including gas storage water heaters with an input of 75,000 Btu per
hour or less and oil storage water heaters with an input of 105,000 Btu
per hour or less;
(2) has at least two threaded ports in addition to those used for
introduction and delivery of potable water for the supply and return of
water or a heat transfer fluid heated externally by solar panels;
(3) has the burner located in the upper half of the storage tank;
(4) has the temperature sensing device that controls the auxiliary
heat source located in the upper half of the storage tank; and
(5) has a certified first hour rating less than 69 gallons for gas
storage water heaters and has a certified first hour rating less than
128 gallons for oil storage water heaters.
* * * * *
0
3. Section 430.32 is amended by revising paragraph (d) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(d) Water heaters. (1) The energy factor of water heaters shall not
be less than the following for products manufactured on or after the
indicated dates.
----------------------------------------------------------------------------------------------------------------
Energy factor as of Energy factor as of April
Product class Storage volume January 20, 2004 16, 2015
----------------------------------------------------------------------------------------------------------------
Gas-fired Storage Water Heater..... >=20 gallons and <=100 0.67 - (0.0019 x Rated For tanks with a Rated
gallons. Storage Volume in Storage Volume at or below
gallons). 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).
Oil-fired Storage Water Heater..... <=50 gallons.......... 0.59 - (0.0019 x Rated EF = 0.68 - (0.0019 x Rated
Storage Volume in Storage Volume in
gallons). gallons).
Electric Storage Water Heater...... >=20 gallons and <=120 0.97 - (0.00132 x For tanks with a Rated
gallons. Rated Storage Volume Storage Volume at or below
in gallons). 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).
Tabletop Water Heater.............. >=20 gallons and <=120 0.93 - (0.00132 x EF = 0.93 - (0.00132 x
gallons. Rated Storage Volume Rated Storage Volume in
in gallons). gallons).
Instantaneous Gas-fired Water <2 gallons............ 0.62 - (0.0019 x Rated EF = 0.82 - (0.0019 x Rated
Heater. Storage Volume in Storage Volume in
gallons). gallons).
Instantaneous Electric Water Heater <2 gallons............ 0.93 - (0.00132 x EF = 0.93 - (0.00132 x
Rated Storage Volume Rated Storage Volume in
in gallons). gallons).
----------------------------------------------------------------------------------------------------------------
NOTE: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by
the manufacturer.
(2) Exclusions: The energy conservation standards shown in
paragraph (1) of this section do not apply to the following types of
water heaters:
(i) gas-fired, oil-fired, and electric water heaters at or above 2
gallons storage volume and below 20 gallons storage volume;
(ii) gas-fired water heaters above 100 gallons storage volume;
(iii) oil-fired water heaters above 50 gallons storage volume;
(iv) electric water heaters above 120 gallons storage volume;
(v) gas-fired instantaneous water heaters at or below 50,000 Btu/h;
(vi) solar-assisted electric storage water heaters; and
[[Page 18795]]
(vii) solar-assisted fossil fuel storage water heaters.
* * * * *
[FR Doc. 2015-07956 Filed 4-7-15; 8:45 am]
BILLING CODE 6450-01-P
