Energy Conservation Program for Consumer Products: Definitions and Standards for Grid-Enabled Water Heaters, 48004-48010 [2015-19643]
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Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
Risk Management Agency, United States
Department of Agriculture, Beacon
Facility, Stop 0812, Room 421, P.O. Box
419205, Kansas City, MO 64141–6205,
telephone (816) 926–7730.
SUPPLEMENTARY INFORMATION:
Background
The final regulation subject to this
amendment revised the Common Crop
Insurance Regulations, Macadamia Tree
Crop Insurance Provisions. The final
regulation was published April 16, 2015
(80 FR 20407–20413).
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Need for Amendment
15:24 Aug 10, 2015
List of Subjects in 7 CFR Part 457
Crop insurance, Macadamia tree,
Reporting and recordkeeping
requirements, Amendment of
publication.
Accordingly, 7 CFR part 457 is
amended by making the following
correcting amendments:
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Signed in Washington, DC, on July 31,
2015.
Brandon Willis,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2015–19465 Filed 8–10–15; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF ENERGY
10 CFR Part 430
PART 457—COMMON CROP
INSURANCE REGULATIONS
[Docket Number EERE–2015–BT–STD–
0017]
1. The authority citation for 7 CFR
part 457 continues to read as follows:
RIN 1904–AD55
■
As published, language in the final
regulation for Macadamia Tree Crop
Insurance Provisions may require
clarification to ensure proper
application of the policy provisions.
Sections 11(b)(3)(ii)(A) and (B) of the
Macadamia Tree Crop Insurance
Provisions may lack information or
explanation needed to properly
calculate an indemnity. Section
11(b)(3)(ii)(A) has been clarified to note
that the result in this provision must
also be multiplied by 100 to clearly
represent the percentage of destroyed
trees. Section 11(b)(3)(ii)(B) states the
loss adjuster must take the number of
damaged trees and divide by the total
number of trees to calculate the percent
of damage. However, the loss adjuster
must also determine the percent of
damage for each damaged tree within
the overall loss calculation formula,
when at least some damage (rather than
solely complete destruction) is at issue.
As a result, a description of specific
additional steps is necessary under
section 11(b)(3)(ii)(B) to clarify this
issue.
In addition, section 11(c)(1) of the
Macadamia Tree Crop Insurance
Provisions was revised to change the
provision from ’’ . . . over 80 percent
actual damage due to an insured cause
of loss will be considered to be 100
percent damaged’’ to ’’ . . . over 80
percent of the actual trees damaged or
destroyed due to an insured cause of
loss will be considered to be 100
percent damaged . . . ’’ This change
may have appeared to require the loss
adjuster to determine whether the
orchard was damaged more than 80
percent solely by counting the number
of trees damaged or destroyed, without
calculating the actual damage to
individual trees. That application was
not FCIC’s intent. It is FCIC’s intent that
actual damage to each individual tree,
in addition to the total number and
percentage of actual damaged trees, are
both used among other factors (such as
destroyed trees when applicable) to
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determine whether the orchard is
damaged more than 80 percent.
Authority: 7 U.S.C. 1506(1) and 1506(o).
2. In § 457.130, under the heading 11.
Settlement of Claim, revise paragraphs
(b)(3)(ii)(A) and (B) paragraph (c) to read
as follows:
■
§ 457.130 Macadamia tree crop insurance
provisions.
*
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11. Settlement of Claim
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(b) * * *
(3) * * *
(ii) * * *
(A) For destroyed trees, divide the
number of trees destroyed by the total
number of trees and multiply by 100 to
calculate the percent of loss;
(B) For damaged trees:
(1) Divide the number of trees
damaged by the total number of trees
(both damaged and undamaged) to
calculate the amount of damage;
(2) Divide the number of damaged
scaffold limbs by the total number of
scaffold limbs on each damaged tree to
calculate the amount of damage for each
damaged tree;
(3) Total the results in (b)(3)(ii)(B)(2);
(4) Divide the result of (b)(3)(ii)(B)(3)
by the number of damaged trees;
(5) Multiply the result of
(b)(3)(ii)(B)(1) by the result of
(b)(3)(ii)(B)(4), then multiply that result
by 100 to calculate the percent of loss;
and
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(c) * * *
(1) Any orchard with damage,
destruction, or combined damage and
destruction, that results in a total
percent of loss greater than 80 percent
due to an insured cause of loss will be
considered to be 100 percent damaged
and/or destroyed; and
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Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
Congress created a new
definition and energy conservation
standard for grid-enabled water heaters
in the Energy Efficiency Improvement
Act of 2015, which amended the Energy
Policy and Conservation Act of 1975
(EPCA). The Department of Energy
(DOE) is publishing this final rule to
place in the Code of Federal Regulations
(CFR) the energy conservation
standards, and related definitions, and
to explain its interpretation of the new
language. This final rule will implement
these amendments to EPCA.
DATES: Effective Date: August 11, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 586–6590. Email:
Ashley.Armstrong@ee.doe.gov.
Ms. 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:
SUMMARY:
*
*
Energy Conservation Program for
Consumer Products: Definitions and
Standards for Grid-Enabled Water
Heaters
Table of Contents
I. Introduction
A. Authority
B. Background
C. New Legislation
II. Summary of Final Rule
A. Standards for Grid-Enabled Water
Heaters
B. Enforcement Provisions for GridEnabled Water Heaters
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III. Procedural Issues and Regulatory Review
A. Review Under the Administrative
Procedure Act
B. Review Under Executive Orders 12866
and 13563
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under the Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under the Information Quality
Bulletin for Peer Review
IV. Approval of the Office of the Secretary
I. Introduction
The following section briefly
discusses the statutory authority DOE is
interpreting in this rule, as well as some
of the relevant historical background
related to the establishment of standards
for residential water heaters.
A. Authority
Part B of Title III of the Energy Policy
and Conservation Act 1 (42 U.S.C. 6291
et seq.; hereinafter ‘‘EPCA’’), establishes
the ‘‘Energy Conservation Program for
Consumer Products Other Than
Automobiles,’’ under which the
Department of Energy (and in some
cases the statute) sets energy
conservation standards for a variety of
products called ‘‘covered products.’’ 2
Covered products generally include
water heaters. (42 U.S.C. 6292(a)(4)) 3
EPCA authorizes the Department of
Energy (‘‘Department’’ or ‘‘DOE’’) to
implement EPCA by ‘‘prescrib[ing]
amended or new energy conservation
standards’’ for covered products,
establishing test protocols for measuring
`
products’ performance vis a vis
conservation standards, setting labeling
requirements, etc. (42 U.S.C. 6293, 6294,
6295, 6296) The Department is
authorized to ‘‘issue such rules as [it]
deems necessary to carry out the
provisions’’ of EPCA. (42 U.S.C. 6298)
The Energy Efficiency Improvement
Act of 2015 (EEIA 2015) (Pub. L. 114–
11–210) was enacted on April 30, 2015.
Among other things, Title II of EEIA
2015 adds the definition of ‘‘gridenabled water heaters’’ to EPCA’s
energy conservation standards for
residential water heaters. These
products are intended for use as part of
an electric thermal storage or demand
response program. Among the criteria
that define ‘‘grid-enabled water heaters’’
is an energy-related performance
standard that is either an energy factor
specified by a formula set forth in the
statute, or an equivalent alternative
standard that DOE may prescribe. In
addition, EEIA’s amendments to EPCA
direct DOE to require reporting on
shipments and activations of gridenabled water heaters and to establish
procedures, if appropriate, to prevent
product diversion for non-program
purposes.
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B. Background
EPCA prescribed energy conservation
standards for residential water heaters
and directed DOE to conduct
rulemakings to determine whether to
amend these standards. Pursuant to 42
U.S.C. 6295(m), DOE must also
periodically review its already
established energy conservation
standards for a covered product. Under
this requirement, DOE would need to
undertake its periodic review no later
than six years from the issuance of a
final rule establishing or amending a
standard for a covered product.
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 structure, dividing
water heaters based on the type of
energy used (i.e., gas, oil, or electricity)
and whether the water heater 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 was required
starting on April 16, 2015.
Table I.11 presents the Federal energy
conservation standards for residential
water heaters, amended in the April
2010 final rule, which are set forth in 10
CFR 430.32(d).
TABLE I.1—AMENDED FEDERAL ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL WATER HEATERS ESTABLISHED
BY APRIL 2010 FINAL RULE
Product description
Energy factor as of April 16, 2015
Gas-fired Water Heater ...............................................
Oil-fired Water Heater ..................................................
Electric Water Heater ..................................................
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Tabletop Water Heater ................................................
Instantaneous Gas-Fired Water Heater ......................
Instantaneous Electric 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).
×
×
×
×
After DOE issued the April 2010 final
rule, several stakeholders expressed
concern about April 2010 final rule’s
effect on electric thermal storage (ETS)
programs. Utilities use ETS programs,
sometimes also known as load shifting
or demand response programs, to
manage peak demand load by limiting
the times when certain appliances are
1 All references to EPCA in this document refer
to the statute as amended through the Energy
Efficiency Improvement Act of 2015, Public Law
112–210 (Apr. 30, 2015).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
3 The statute excludes ‘‘those consumer products
designed solely for use in recreational vehicles and
other mobile equipment.’’ 42 U.S.C. 6292(a).
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operated. In certain water-heater based
ETS programs, a utility typically
controls a water heater remotely to
allow operation only when electricity
demand is during off-peak hours.
During that off-peak operation, the
electricity consumed is stored by the
water heater as thermal energy for use
during peak hours when the utility
prevents the water heater from using
electricity.
Stakeholders told the Department that
large-volume water heaters are
important for water heater-based ETS
programs because a larger-volume
product permits the storage of enough
hot water to satisfy a consumer’s needs
through the peak hours. Utility
companies also asserted that ETS
programs are feasible only with electric
resistance water heaters, as opposed to
heat pump water heaters. In light of
these two conditions, stakeholders said,
the April 2010 final rule could impair
water heater-based ETS programs
because the rule effectively precludes
the manufacture of large-volume electric
resistance heaters. The minimum energy
factor that the Department set for
electric water heaters above 55 gallons
is higher than electric resistance heaters
can meet.
In February 2013, DOE proposed a
rule that would have established a
mechanism for utilities and water heater
manufacturers to request exemptions
from the new standards for large-volume
electric water heaters. The Department
then commissioned studies of the
performance of electric heaters with
heat pumps (a technology capable of
satisfying the new standard) in ETS
programs. After receiving reports that
concluded heat pumps are technically
feasible in existing ETS programs, the
Department withdrew its proposed rule
on April 3, 2015.
C. New Legislation
Congress enacted EEIA 2015 to
address the use of large capacity electric
resistance water heaters in thermal
storage and demand response systems
operated by electric utilities.
Specifically, EEIA 2015 amended EPCA
to establish a category of water heater
called ‘‘grid enabled water heaters.’’ As
detailed below, a ‘‘grid enabled water
heater’’ is defined as an electric
resistance water heater made after April
16, 2015, with a tank over 75 gallons, an
activation lock installed at manufacture,
and a label. The water heater must also
satisfy an energy-efficiency criterion—
either an ‘‘energy factor’’ determined by
a certain formula or ‘‘an equivalent
alternative standard prescribed by the
Secretary and developed pursuant to’’
42 U.S.C. 6295(e)(5)(E). A manufacturer
can provide the activation key for a gridenabled heater only to a utility using it
in a thermal storage or demand response
program. In addition, DOE is to require
manufacturers to report data on their
sales of grid-enabled heaters, and the
Department can in appropriate
circumstances establish procedures to
prevent product diversion for nonprogram purposes. These provisions
regarding grid-enabled water heaters
will remain in effect unless and until
DOE determines that they do not require
a separate efficiency requirement or that
efforts to prevent diversion of the water
heaters are ineffective. Finally, in
making standards in general for electric
water heaters, DOE must consider the
impact on thermal storage and demand
response programs.
While not explicit on the face of the
statute, DOE interprets EEIA 2015 as
having established a category of water
heaters subject to their own energy
conservation standard. It is apparent
that Congress intended to ensure the
continued availability of certain large
capacity electric resistance water
heaters for use in utility operated
thermal storage and demand response
programs. To do so, Congress defined a
separate grouping of water heaters for
this use and stated the energy
conservation standard that would be
applicable to water heaters in this
group. Congress also made clear that
DOE is to monitor that such water
heaters are used only for the purpose
stated and that DOE could take steps to
address diversion to other uses of water
heaters within this category, including a
determination that separate energy
conservation standards are no longer
necessary.
In that Congress clearly intended to
ensure continued availability of certain
large capacity water heaters for use in
ETS and demand response programs,
DOE notes that its interpretation of EEIA
2015 is consistent with the intended
outcome of its earlier rulemaking. DOE’s
existing standards, which took effect on
April 16, 2015, would require a
residential electric resistance water
heater with a capacity over 55 gallons to
have an energy factor that is currently
achievable for an electric heater only by
using heat pump technology, and not
solely by use of electric resistance
elements. Stakeholders had told DOE
they considered large-capacity electric
resistance heaters important for ETS
programs and urged DOE to amend the
standard to permit continued
manufacture of the heaters for that
purpose. As such, Congress enacted
EEIA 2015 to remedy this issue through
establishing a separate grouping of
water heaters, ensuring that gridenabled water heaters would be used
only for ETS programs.
Table I.2 presents the below presents
the new standards Congress laid out in
EEIA 2015 for grid-enabled water
heaters.
TABLE I.2—AMENDED FEDERAL ENERGY CONSERVATION STANDARDS FOR GRID-ENABLED WATER HEATERS ESTABLISHED
BY EEIA 2015
Product description
Energy factor as of April 30, 2015
Grid-Enabled Water Heaters .......................................
For tanks with a Rated Storage Volume above 75 gallons: EF = 1.061¥(0.00168 ×
Rated Storage Volume in gallons).
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II. Summary of Final Rule
DOE is placing the new energy
conservation standards and related
definitions for grid-enabled water
heaters into 10 CFR part 430 (‘‘Energy
Conservation Program for Consumer
Products’’). This final rule codifies EEIA
2015, which established the energy
conservation standards for grid-enabled
water heaters on April 30, 2015 to
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permit the continued manufacture of
grid-enabled water heaters after that
date, provided the water heaters meet
the criteria established in the
amendment. DOE is also explaining its
interpretation of some of the new
language in EPCA regarding gridenabled water heaters. DOE reads the
new provisions as establishing a
category of water heaters called ‘‘grid-
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enabled water heaters’’ and setting an
energy conservation standard for those
products. DOE notes that continued
manufacture of grid-enabled water
heaters has been legal under EPCA since
April 30, 2015, and that this notice
simply places that language into DOE’s
codified regulations. This notice also
provides a summary of the amendments
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EEIA 2015 made to EPCA, with respect
to grid-enabled water heaters.
A. Standards for Grid-Enabled Water
Heaters
The EEIA 2015 amendments to EPCA
became effective on April 30, 2015. The
new provisions constitute the new 42
U.S.C. 6295(e)(6), appended to the
subsection that details the standards
program for residential water heaters.
As amended, EPCA defines a ‘‘gridenabled water heater’’ as an electric
resistance water heater that:
(I) Has a rated storage tank volume of
more than 75 gallons;
(II) is manufactured on or after April
16, 2015;
(III) has an energy factor of not less
than 1.061 minus the product of 0.00168
times the tank’s rated storage volume (in
gallons); or an equivalent alternative
standard prescribed by the Secretary
and developed pursuant to paragraph
(5)(E);
(IV) is equipped at the point of
manufacture with an activation lock;
and
(V) has a label meeting certain criteria
for permanence and states, using text set
by the statute, that the water heater is
intended only for use as part of an
electric thermal storage or demand
response program.
DOE at this time declines to develop
such an equivalent standard through a
lengthy notice and comment rulemaking
process, and is therefore codifying the
standard established in
§ 6295(e)(6)(A)(ii)(III)(aa) as an energy
factor of not less than 1.061 minus the
product of 0.00168 times the tank’s
rated storage volume (in gallons).
EPCA, as amended, also defines an
‘‘activation lock’’ as a control
mechanism that is locked by default and
must be activated with an activation key
to enable the product to operate at its
designed specifications and capabilities.
A manufacturer can provide the
activation key for the activation lock on
a grid-enabled heater only to a utility or
other company that operates an electric
thermal storage or demand response
program that uses such grid-enabled
water heater.
EPCA also mandates the Department
to require each grid-enabled water
heater manufacturer to report annually
the quantity of grid-enabled water
heaters shipped each year. Likewise,
operators of demand response and/or
thermal storage systems must report the
quantity of grid-enabled water heaters
that are activated, using Energy
Information Agency (EIA) forms, or
another mechanism that DOE creates
through a notice-and-comment
rulemaking. At this time, DOE declines
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to develop another mechanism through
a notice-and-comment rulemaking. DOE
must treat all information received
under these provisions as confidential
business information.
The EEIA 2015 instructs the
Department to publish in 2017 and 2019
analyses of the manufacturer and
operator data to assess the extent to
which shipped products are put into use
in demand response and thermal storage
programs. If DOE finds that sales of the
products exceed by 15 percent or greater
the numbers activated annually, it can
establish procedures to prevent product
diversion for non-program purposes.
Pursuant to EEIA 2015, the preceding
provisions remain in effect until the
Secretary determines that grid-enabled
water heaters do not require a separate
efficiency requirement or that sales
exceed activations by more than 15
percent and procedures to prevent
product diversion for non-program
purposes would not be adequate. The
statute also states that in carrying out
this section with respect to electric
water heaters, DOE must consider the
impact on thermal storage and demand
response programs. DOE is to require
that grid-enabled water heaters be
equipped with communication
capability to participate in ancillary
services programs if such technology is
available, practical, and cost-effective.
B. Enforcement Provisions for GridEnabled Water Heaters
EEIA 2015 also amended EPCA’s list
of prohibited acts in 42 U.S.C. 6302(a)
to include additional authority for DOE
to enforce standards for grid-enabled
water heaters so they are used
exclusively in ETS programs. Under
EPCA, certain actions, including
activating an activation lock,
distributing an activation key, or
otherwise enabling a grid-enabled water
heater to operate, with the knowledge
that the grid-enabled water heater will
not be used as part of an electric thermal
storage or demand response program. In
addition, removing a grid-enabled water
heater label, or rendering it
unintelligible, is also prohibited.
III. Procedural Issues and Regulatory
Review
A. Review Under the Administrative
Procedure Act
This final rule provides DOE’s
interpretation of EEIA 2015, and is not
subject to the requirement to provide
prior notice and an opportunity for
public comment pursuant to authority at
5 U.S.C. 553(b)(A). To the extent that
this final rule codifies, verbatim, EEIA
2015, DOE finds good cause to waive
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the requirement to provide prior notice
and an opportunity for public comment
as such procedure is unnecessary in that
DOE has no authority to amend the
statute.
B. Review Under Executive Orders
12866 and 13563
This final rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, ‘‘Regulatory
Planning and Review.’’ 58 FR 51735
(Oct. 4, 1993). Accordingly, DOE is not
required under section 6(a)(3) of the
Executive Order to prepare a regulatory
impact analysis (RIA) on today’s 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
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behavioral changes. For the reasons
stated in the preamble, DOE believes
that this final rule is consistent with
these principles, including the
requirement that, to the extent
permitted by law, benefits justify costs
and that net benefits are maximized.
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C. 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). DOE is
revising the Code of Federal Regulations
to incorporate, without substantive
change, energy conservation standards
prescribed by Congress in the Energy
Efficiency Improvement Act of 2015.
Because this is a technical amendment
for which a general notice of proposed
rulemaking is not required, the
analytical requirements of the
Regulatory Flexibility Act do not apply
to this rulemaking.
D. Review Under the Paperwork
Reduction Act
Manufacturers of residential water
heaters, including grid-enabled 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
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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.
The Energy Efficiency Improvement
Act of 2015 also requires manufacturers
of grid-enabled water heaters to report
to DOE annually the quantity of gridenabled water heaters that the
manufacturer ships each year. It also
requires operators of demand response
and/or thermal storage systems to report
annually the quantity of grid-enabled
water heaters activated for their
programs.
E. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act (NEPA) of
1969, DOE has determined that the 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 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 rule. DOE’s CX determination for
this proposed rule is available at https://
cxnepa.energy.gov/.
F. 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
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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 today’s final 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.
G. 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
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 final
rule meets the relevant standards of
Executive Order 12988.
H. 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
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
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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/officegeneral-counsel.
This final 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.
I. 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
final 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.
rmajette on DSK2TPTVN1PROD with RULES
J. 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.
K. 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
VerDate Sep<11>2014
15:24 Aug 10, 2015
Jkt 235001
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
this final rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
L. 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 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. This final rule
would not have a significant adverse
effect on the supply, distribution, or use
of energy and, therefore, is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
M. 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
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48009
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
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.
IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on August 4,
2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons set forth in the
preamble, DOE amends part 430 of
chapter II, of title 10 of the Code of
Federal Regulations, to read 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 ‘‘activation lock’’ and
‘‘grid-enabled water heater’’ in
alphabetical order to read as follows:
■
§ 430.2
Definitions.
*
*
*
*
*
Activation lock means a control
mechanism (either by a physical device
directly on the water heater or a control
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system integrated into the water heater)
that is locked by default and contains a
physical, software, or digital
communication that must be activated
with an activation key to enable to the
product to operate at its designed
specifications and capabilities and
without which the activation of the
product will provide not greater than 50
percent of the rated first hour delivery
of hot water certified by the
manufacturer.
*
*
*
*
*
Grid-enabled water heater means an
electric resistance water heater that—
(1) Has a rated storage tank volume of
more than 75 gallons;
(2) Is manufactured on or after April
16, 2015;
(3) Is equipped at the point of
manufacture with an activation lock
and;
(4) Bears a permanent label applied by
the manufacturer that—
(i) Is made of material not adversely
affected by water;
(ii) Is attached by means of non-watersoluble adhesive; and
(iii) Advises purchasers and end-users
of the intended and appropriate use of
the product with the following notice
printed in 16.5 point Arial Narrow Bold
font: ‘‘IMPORTANT INFORMATION:
This water heater is intended only for
use as part of an electric thermal storage
or demand response program. It will not
provide adequate hot water unless
enrolled in such a program and
activated by your utility company or
another program operator. Confirm the
availability of a program in your local
area before purchasing or installing this
product.’’
*
*
*
*
*
■ 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 and grid-enabled
water heaters—(1) Water heaters. The
energy factor of water heaters shall not
be less than the following for products
manufactured on or after the indicated
dates.
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
≥20 gallons and ≤120
gallons.
<2 gallons ...................
Product class
Instantaneous Gasfired 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).
0.93¥(0.00132 × 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).
rmajette on DSK2TPTVN1PROD with RULES
Note: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by the manufacturer.
Exclusions: The energy conservation
standards shown in this paragraph do
not apply to the following types of water
heaters: Gas-fired, oil-fired, and electric
water heaters at or above 2 gallons
storage volume and below 20 gallons
storage volume; gas-fired water heaters
above 100 gallons storage volume; oilfired water heaters above 50 gallons
storage volume; electric water heaters
above 120 gallons storage volume; gasfired instantaneous water heaters at or
below 50,000 Btu/h; and grid-enabled
water heaters.
(2) Grid-enabled water heaters. The
energy factor of grid-enabled water
heaters, as of April 30, 2015, shall not
be less than 1.06¥(0.00168 × Rated
Storage Volume in gallons).
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Part 702
RIN 3133–AE44
Capital Planning and Stress Testing—
Schedule Shift
National Credit Union
Administration (NCUA).
AGENCY:
ACTION:
Final rule.
[FR Doc. 2015–19643 Filed 8–10–15; 8:45 am]
BILLING CODE 6450–01–P
DATES:
15:24 Aug 10, 2015
SUMMARY:
The final rule is effective January
1, 2016.
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SUPPLEMENTARY INFORMATION:
Table of Contents
The NCUA Board (Board) is
issuing amendments to the regulation
governing credit union capital planning
and stress testing. The amendments
adjust the timing of certain events in the
capital planning and stress testing
cycles. The revisions to the regulation
become effective January 1, 2016.
VerDate Sep<11>2014
Marvin Shaw, Staff Attorney, Office of
General Counsel, 1775 Duke Street,
Alexandria, VA 22314 or telephone
(703) 518–6553; or Jeremy Taylor or
Dale Klein, Senior Capital Markets
Specialists, Office of National
Examinations and Supervision, at the
above address or telephone (703) 518–
6640.
Sfmt 4700
I. Background
II. Proposed Amendments
III. Regulatory Procedures
I. Background
In April 2014, the Board issued a final
rule requiring capital planning and
stress testing for federally insured credit
unions (FICUs) with assets of $10
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]]>Agencies
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48004-48010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19643]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2015-BT-STD-0017]
RIN 1904-AD55
Energy Conservation Program for Consumer Products: Definitions
and Standards for Grid-Enabled Water Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Congress created a new definition and energy conservation
standard for grid-enabled water heaters in the Energy Efficiency
Improvement Act of 2015, which amended the Energy Policy and
Conservation Act of 1975 (EPCA). The Department of Energy (DOE) is
publishing this final rule to place in the Code of Federal Regulations
(CFR) the energy conservation standards, and related definitions, and
to explain its interpretation of the new language. This final rule will
implement these amendments to EPCA.
DATES: Effective Date: August 11, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone:
(202) 586-6590. Email: Ashley.Armstrong@ee.doe.gov.
Ms. 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
C. New Legislation
II. Summary of Final Rule
A. Standards for Grid-Enabled Water Heaters
B. Enforcement Provisions for Grid-Enabled Water Heaters
[[Page 48005]]
III. Procedural Issues and Regulatory Review
A. Review Under the Administrative Procedure Act
B. Review Under Executive Orders 12866 and 13563
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under the Information Quality Bulletin for Peer Review
IV. Approval of the Office of the Secretary
I. Introduction
The following section briefly discusses the statutory authority DOE
is interpreting in this rule, as well as some of the relevant
historical background related to the establishment of standards for
residential water heaters.
A. Authority
Part B of Title III of the Energy Policy and Conservation Act \1\
(42 U.S.C. 6291 et seq.; hereinafter ``EPCA''), establishes the
``Energy Conservation Program for Consumer Products Other Than
Automobiles,'' under which the Department of Energy (and in some cases
the statute) sets energy conservation standards for a variety of
products called ``covered products.'' \2\ Covered products generally
include water heaters. (42 U.S.C. 6292(a)(4)) \3\ EPCA authorizes the
Department of Energy (``Department'' or ``DOE'') to implement EPCA by
``prescrib[ing] amended or new energy conservation standards'' for
covered products, establishing test protocols for measuring products'
performance vis [agrave] vis conservation standards, setting labeling
requirements, etc. (42 U.S.C. 6293, 6294, 6295, 6296) The Department is
authorized to ``issue such rules as [it] deems necessary to carry out
the provisions'' of EPCA. (42 U.S.C. 6298)
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015,
Public Law 112-210 (Apr. 30, 2015).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
\3\ The statute excludes ``those consumer products designed
solely for use in recreational vehicles and other mobile
equipment.'' 42 U.S.C. 6292(a).
---------------------------------------------------------------------------
The Energy Efficiency Improvement Act of 2015 (EEIA 2015) (Pub. L.
114-11-210) was enacted on April 30, 2015. Among other things, Title II
of EEIA 2015 adds the definition of ``grid-enabled water heaters'' to
EPCA's energy conservation standards for residential water heaters.
These products are intended for use as part of an electric thermal
storage or demand response program. Among the criteria that define
``grid-enabled water heaters'' is an energy-related performance
standard that is either an energy factor specified by a formula set
forth in the statute, or an equivalent alternative standard that DOE
may prescribe. In addition, EEIA's amendments to EPCA direct DOE to
require reporting on shipments and activations of grid-enabled water
heaters and to establish procedures, if appropriate, to prevent product
diversion for non-program purposes.
B. Background
EPCA prescribed energy conservation standards for residential water
heaters and directed DOE to conduct rulemakings to determine whether to
amend these standards. Pursuant to 42 U.S.C. 6295(m), DOE must also
periodically review its already established energy conservation
standards for a covered product. Under this requirement, DOE would need
to undertake its periodic review no later than six years from the
issuance of a final rule establishing or amending a standard for a
covered product.
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 structure, dividing water heaters based on the type of energy
used (i.e., gas, oil, or electricity) and whether the water heater 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 was required starting
on April 16, 2015.
Table I.11 presents the Federal energy conservation standards for
residential water heaters, amended in the April 2010 final rule, which
are set forth in 10 CFR 430.32(d).
Table I.1--Amended Federal Energy Conservation Standards for Residential
Water Heaters Established by April 2010 Final Rule
------------------------------------------------------------------------
Energy factor as of April 16,
Product description 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).
------------------------------------------------------------------------
After DOE issued the April 2010 final rule, several stakeholders
expressed concern about April 2010 final rule's effect on electric
thermal storage (ETS) programs. Utilities use ETS programs, sometimes
also known as load shifting or demand response programs, to manage peak
demand load by limiting the times when certain appliances are
[[Page 48006]]
operated. In certain water-heater based ETS programs, a utility
typically controls a water heater remotely to allow operation only when
electricity demand is during off-peak hours. During that off-peak
operation, the electricity consumed is stored by the water heater as
thermal energy for use during peak hours when the utility prevents the
water heater from using electricity.
Stakeholders told the Department that large-volume water heaters
are important for water heater-based ETS programs because a larger-
volume product permits the storage of enough hot water to satisfy a
consumer's needs through the peak hours. Utility companies also
asserted that ETS programs are feasible only with electric resistance
water heaters, as opposed to heat pump water heaters. In light of these
two conditions, stakeholders said, the April 2010 final rule could
impair water heater-based ETS programs because the rule effectively
precludes the manufacture of large-volume electric resistance heaters.
The minimum energy factor that the Department set for electric water
heaters above 55 gallons is higher than electric resistance heaters can
meet.
In February 2013, DOE proposed a rule that would have established a
mechanism for utilities and water heater manufacturers to request
exemptions from the new standards for large-volume electric water
heaters. The Department then commissioned studies of the performance of
electric heaters with heat pumps (a technology capable of satisfying
the new standard) in ETS programs. After receiving reports that
concluded heat pumps are technically feasible in existing ETS programs,
the Department withdrew its proposed rule on April 3, 2015.
C. New Legislation
Congress enacted EEIA 2015 to address the use of large capacity
electric resistance water heaters in thermal storage and demand
response systems operated by electric utilities. Specifically, EEIA
2015 amended EPCA to establish a category of water heater called ``grid
enabled water heaters.'' As detailed below, a ``grid enabled water
heater'' is defined as an electric resistance water heater made after
April 16, 2015, with a tank over 75 gallons, an activation lock
installed at manufacture, and a label. The water heater must also
satisfy an energy-efficiency criterion--either an ``energy factor''
determined by a certain formula or ``an equivalent alternative standard
prescribed by the Secretary and developed pursuant to'' 42 U.S.C.
6295(e)(5)(E). A manufacturer can provide the activation key for a
grid-enabled heater only to a utility using it in a thermal storage or
demand response program. In addition, DOE is to require manufacturers
to report data on their sales of grid-enabled heaters, and the
Department can in appropriate circumstances establish procedures to
prevent product diversion for non-program purposes. These provisions
regarding grid-enabled water heaters will remain in effect unless and
until DOE determines that they do not require a separate efficiency
requirement or that efforts to prevent diversion of the water heaters
are ineffective. Finally, in making standards in general for electric
water heaters, DOE must consider the impact on thermal storage and
demand response programs.
While not explicit on the face of the statute, DOE interprets EEIA
2015 as having established a category of water heaters subject to their
own energy conservation standard. It is apparent that Congress intended
to ensure the continued availability of certain large capacity electric
resistance water heaters for use in utility operated thermal storage
and demand response programs. To do so, Congress defined a separate
grouping of water heaters for this use and stated the energy
conservation standard that would be applicable to water heaters in this
group. Congress also made clear that DOE is to monitor that such water
heaters are used only for the purpose stated and that DOE could take
steps to address diversion to other uses of water heaters within this
category, including a determination that separate energy conservation
standards are no longer necessary.
In that Congress clearly intended to ensure continued availability
of certain large capacity water heaters for use in ETS and demand
response programs, DOE notes that its interpretation of EEIA 2015 is
consistent with the intended outcome of its earlier rulemaking. DOE's
existing standards, which took effect on April 16, 2015, would require
a residential electric resistance water heater with a capacity over 55
gallons to have an energy factor that is currently achievable for an
electric heater only by using heat pump technology, and not solely by
use of electric resistance elements. Stakeholders had told DOE they
considered large-capacity electric resistance heaters important for ETS
programs and urged DOE to amend the standard to permit continued
manufacture of the heaters for that purpose. As such, Congress enacted
EEIA 2015 to remedy this issue through establishing a separate grouping
of water heaters, ensuring that grid-enabled water heaters would be
used only for ETS programs.
Table I.2 presents the below presents the new standards Congress
laid out in EEIA 2015 for grid-enabled water heaters.
Table I.2--Amended Federal Energy Conservation Standards for Grid-
Enabled Water Heaters Established by EEIA 2015
------------------------------------------------------------------------
Energy factor as of April 30,
Product description 2015
------------------------------------------------------------------------
Grid-Enabled Water Heaters........... For tanks with a Rated Storage
Volume above 75 gallons: EF =
1.061-(0.00168 x Rated Storage
Volume in gallons).
------------------------------------------------------------------------
II. Summary of Final Rule
DOE is placing the new energy conservation standards and related
definitions for grid-enabled water heaters into 10 CFR part 430
(``Energy Conservation Program for Consumer Products''). This final
rule codifies EEIA 2015, which established the energy conservation
standards for grid-enabled water heaters on April 30, 2015 to permit
the continued manufacture of grid-enabled water heaters after that
date, provided the water heaters meet the criteria established in the
amendment. DOE is also explaining its interpretation of some of the new
language in EPCA regarding grid-enabled water heaters. DOE reads the
new provisions as establishing a category of water heaters called
``grid-enabled water heaters'' and setting an energy conservation
standard for those products. DOE notes that continued manufacture of
grid-enabled water heaters has been legal under EPCA since April 30,
2015, and that this notice simply places that language into DOE's
codified regulations. This notice also provides a summary of the
amendments
[[Page 48007]]
EEIA 2015 made to EPCA, with respect to grid-enabled water heaters.
A. Standards for Grid-Enabled Water Heaters
The EEIA 2015 amendments to EPCA became effective on April 30,
2015. The new provisions constitute the new 42 U.S.C. 6295(e)(6),
appended to the subsection that details the standards program for
residential water heaters. As amended, EPCA defines a ``grid-enabled
water heater'' as an electric resistance water heater that:
(I) Has a rated storage tank volume of more than 75 gallons;
(II) is manufactured on or after April 16, 2015;
(III) has an energy factor of not less than 1.061 minus the product
of 0.00168 times the tank's rated storage volume (in gallons); or an
equivalent alternative standard prescribed by the Secretary and
developed pursuant to paragraph (5)(E);
(IV) is equipped at the point of manufacture with an activation
lock; and
(V) has a label meeting certain criteria for permanence and states,
using text set by the statute, that the water heater is intended only
for use as part of an electric thermal storage or demand response
program.
DOE at this time declines to develop such an equivalent standard
through a lengthy notice and comment rulemaking process, and is
therefore codifying the standard established in Sec.
6295(e)(6)(A)(ii)(III)(aa) as an energy factor of not less than 1.061
minus the product of 0.00168 times the tank's rated storage volume (in
gallons).
EPCA, as amended, also defines an ``activation lock'' as a control
mechanism that is locked by default and must be activated with an
activation key to enable the product to operate at its designed
specifications and capabilities. A manufacturer can provide the
activation key for the activation lock on a grid-enabled heater only to
a utility or other company that operates an electric thermal storage or
demand response program that uses such grid-enabled water heater.
EPCA also mandates the Department to require each grid-enabled
water heater manufacturer to report annually the quantity of grid-
enabled water heaters shipped each year. Likewise, operators of demand
response and/or thermal storage systems must report the quantity of
grid-enabled water heaters that are activated, using Energy Information
Agency (EIA) forms, or another mechanism that DOE creates through a
notice-and-comment rulemaking. At this time, DOE declines to develop
another mechanism through a notice-and-comment rulemaking. DOE must
treat all information received under these provisions as confidential
business information.
The EEIA 2015 instructs the Department to publish in 2017 and 2019
analyses of the manufacturer and operator data to assess the extent to
which shipped products are put into use in demand response and thermal
storage programs. If DOE finds that sales of the products exceed by 15
percent or greater the numbers activated annually, it can establish
procedures to prevent product diversion for non-program purposes.
Pursuant to EEIA 2015, the preceding provisions remain in effect
until the Secretary determines that grid-enabled water heaters do not
require a separate efficiency requirement or that sales exceed
activations by more than 15 percent and procedures to prevent product
diversion for non-program purposes would not be adequate. The statute
also states that in carrying out this section with respect to electric
water heaters, DOE must consider the impact on thermal storage and
demand response programs. DOE is to require that grid-enabled water
heaters be equipped with communication capability to participate in
ancillary services programs if such technology is available, practical,
and cost-effective.
B. Enforcement Provisions for Grid-Enabled Water Heaters
EEIA 2015 also amended EPCA's list of prohibited acts in 42 U.S.C.
6302(a) to include additional authority for DOE to enforce standards
for grid-enabled water heaters so they are used exclusively in ETS
programs. Under EPCA, certain actions, including activating an
activation lock, distributing an activation key, or otherwise enabling
a grid-enabled water heater to operate, with the knowledge that the
grid-enabled water heater will not be used as part of an electric
thermal storage or demand response program. In addition, removing a
grid-enabled water heater label, or rendering it unintelligible, is
also prohibited.
III. Procedural Issues and Regulatory Review
A. Review Under the Administrative Procedure Act
This final rule provides DOE's interpretation of EEIA 2015, and is
not subject to the requirement to provide prior notice and an
opportunity for public comment pursuant to authority at 5 U.S.C.
553(b)(A). To the extent that this final rule codifies, verbatim, EEIA
2015, DOE finds good cause to waive the requirement to provide prior
notice and an opportunity for public comment as such procedure is
unnecessary in that DOE has no authority to amend the statute.
B. Review Under Executive Orders 12866 and 13563
This final rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, ``Regulatory Planning and
Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly, DOE is not required
under section 6(a)(3) of the Executive Order to prepare a regulatory
impact analysis (RIA) on today's 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
[[Page 48008]]
behavioral changes. For the reasons stated in the preamble, DOE
believes that this final rule is consistent with these principles,
including the requirement that, to the extent permitted by law,
benefits justify costs and that net benefits are maximized.
C. 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). DOE
is revising the Code of Federal Regulations to incorporate, without
substantive change, energy conservation standards prescribed by
Congress in the Energy Efficiency Improvement Act of 2015. Because this
is a technical amendment for which a general notice of proposed
rulemaking is not required, the analytical requirements of the
Regulatory Flexibility Act do not apply to this rulemaking.
D. Review Under the Paperwork Reduction Act
Manufacturers of residential water heaters, including grid-enabled
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.
The Energy Efficiency Improvement Act of 2015 also requires
manufacturers of grid-enabled water heaters to report to DOE annually
the quantity of grid-enabled water heaters that the manufacturer ships
each year. It also requires operators of demand response and/or thermal
storage systems to report annually the quantity of grid-enabled water
heaters activated for their programs.
E. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act (NEPA) of 1969,
DOE has determined that the 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 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 rule. DOE's CX determination for this
proposed rule is available at https://cxnepa.energy.gov/.
F. 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 today's final
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.
G. 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 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 final rule meets
the relevant standards of Executive Order 12988.
H. 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 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
[[Page 48009]]
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 final 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.
I. 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 final 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.
J. 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.
K. 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 final rule under the OMB and DOE
guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
L. 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 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. This final rule would not have a
significant adverse effect on the supply, distribution, or use of
energy and, therefore, is not a significant energy action. Accordingly,
DOE has not prepared a Statement of Energy Effects.
M. 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 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.
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
Issued in Washington, DC, on August 4, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II, of title 10 of the Code of Federal Regulations, to read 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 ``activation
lock'' and ``grid-enabled water heater'' in alphabetical order to read
as follows:
Sec. 430.2 Definitions.
* * * * *
Activation lock means a control mechanism (either by a physical
device directly on the water heater or a control
[[Page 48010]]
system integrated into the water heater) that is locked by default and
contains a physical, software, or digital communication that must be
activated with an activation key to enable to the product to operate at
its designed specifications and capabilities and without which the
activation of the product will provide not greater than 50 percent of
the rated first hour delivery of hot water certified by the
manufacturer.
* * * * *
Grid-enabled water heater means an electric resistance water heater
that--
(1) Has a rated storage tank volume of more than 75 gallons;
(2) Is manufactured on or after April 16, 2015;
(3) Is equipped at the point of manufacture with an activation lock
and;
(4) Bears a permanent label applied by the manufacturer that--
(i) Is made of material not adversely affected by water;
(ii) Is attached by means of non-water-soluble adhesive; and
(iii) Advises purchasers and end-users of the intended and
appropriate use of the product with the following notice printed in
16.5 point Arial Narrow Bold font: ``IMPORTANT INFORMATION: This water
heater is intended only for use as part of an electric thermal storage
or demand response program. It will not provide adequate hot water
unless enrolled in such a program and activated by your utility company
or another program operator. Confirm the availability of a program in
your local area before purchasing or installing this product.''
* * * * *
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 and grid-enabled water heaters--(1) Water
heaters. 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 16,
Product class Storage volume January 20, 2004 2015
----------------------------------------------------------------------------------------------------------------
Gas-fired Storage Water Heater.... >=20 gallons and 0.67-(0.0019 x Rated For tanks with a Rated Storage
<=100 gallons. Storage Volume in Volume at or below 55
gallons). gallons: EF = 0.675-(0.0015 x
Rated Storage Volume in
gallons).
For tanks with a Rated Storage
Volume above 55 gallons: EF =
0.8012-(0.00078 x Rated
Storage Volume in gallons).
Oil-fired 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 0.97-(0.00132 x Rated For tanks with a Rated Storage
<=120 gallons. Storage Volume in Volume at or below 55
gallons). gallons: EF = 0.960-(0.0003 x
Rated Storage Volume in
gallons).
For tanks with a Rated Storage
Volume above 55 gallons: EF =
2.057-(0.00113 x Rated
Storage Volume in gallons).
Tabletop Water Heater............. >=20 gallons and 0.93-(0.00132 x Rated EF = 0.93-(0.00132 x Rated
<=120 gallons. Storage Volume in Storage Volume 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 <2 gallons........... 0.93-(0.00132 x Rated EF = 0.93-(0.00132 x Rated
Heater. Storage Volume in Storage Volume in gallons).
gallons).
----------------------------------------------------------------------------------------------------------------
Note: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by
the manufacturer.
Exclusions: The energy conservation standards shown in this
paragraph do not apply to the following types of water heaters: Gas-
fired, oil-fired, and electric water heaters at or above 2 gallons
storage volume and below 20 gallons storage volume; gas-fired water
heaters above 100 gallons storage volume; oil-fired water heaters above
50 gallons storage volume; electric water heaters above 120 gallons
storage volume; gas-fired instantaneous water heaters at or below
50,000 Btu/h; and grid-enabled water heaters.
(2) Grid-enabled water heaters. The energy factor of grid-enabled
water heaters, as of April 30, 2015, shall not be less than 1.06-
(0.00168 x Rated Storage Volume in gallons).
* * * * *
[FR Doc. 2015-19643 Filed 8-10-15; 8:45 am]
BILLING CODE 6450-01-P
